# It’s time for a fair deal on data centers

> Source: <https://www.washingtonexaminer.com/restoring-america/fairness-justice/4736189/data-center-fair-deal-community-impact-halt-nondisclosures-help-citizens/>
> Published: 2026-09-22 15:00:00+00:00

Communities across America — [rural](https://www.washingtonexaminer.com/tag/rural-america) and suburban, red and blue — have been embroiled in debates over [data centers](https://www.washingtonexaminer.com/tag/data-centers). A backlash has been brewing across the nation for months, and it’s reaching a tipping point.

For many Americans, [discussions about AI](https://www.washingtonexaminer.com/tag/artificial-intelligence) can feel abstract and distant, occurring in far-off labs or on screens. But data centers are physical buildings that reshape neighborhoods and spike electricity bills without residents’ consent. And when residents see bulldozers roll into town, voter anger is fueled by the fact that data center deals are often made behind closed doors, denying residents a seat at the table.

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The public debate over how to resolve the data center issue is crystallizing into two extremes: unchecked development or an open-ended nationwide moratorium. The first option bypasses community concerns. The second eliminates community choice and forfeits possible benefits, including jobs and local investment.

What our country needs right now is a data center fair deal: a basic [set of rules](https://www.washingtonexaminer.com/tag/regulations) that give voters transparency and control over what gets built in their neighborhood.

Without a national framework guaranteeing transparency, benefits, and local leverage, data center developers will continue to play cities and counties off against each other. Competition between counties will continue to incentivize secret deal-making, leaving voters with a thin trail of zoning documents and utility filings to figure out what a data center means for them.

The use of tactics that keep voters in the dark is not a one-off problem. In [Virginia](https://www.washingtonexaminer.com/tag/virginia), which leads the United States in the number of data centers, 80% of localities with current or proposed data center projects have nondisclosure agreements in place.

The solution is guaranteed transparency. Communities need the facts on energy usage, infrastructure costs, and tax breaks. They need a halt to NDAs that hide the facts. And county officials need technical knowledge and leverage to get a fair deal.

To make sure communities have the information they need, data center developers must disclose how much power they consume, and utilities must reveal the rates data centers pay, so that there are hard numbers behind Americans’ [electricity](https://www.washingtonexaminer.com/tag/electricity) bills. On top of this, state regulators and utilities should be incentivized to consider new rate classes and allocation formulas so that large-load customers cover the costs of additional grid infrastructure.

Congress must restrict the use of NDAs that allow public officials to hide the terms of data center siting and incentive agreements from taxpayers. In addition, any tax breaks that state and local governments grant developers must be made public.

Those transparency measures are just a first step toward a fair deal. State and local officials negotiating data center deals need, but do not always have access to, the expertise to secure the best deal for their constituents. Local governments are negotiating with tech [companies](https://www.washingtonexaminer.com/tag/business) whose budgets rival those of whole countries. The federal government can provide public officials with technical expertise to negotiate on equal footing with hyperscale developers, helping them secure community benefits.

Additionally, communities have the right to know how data centers are affecting their quality of life. For residents to understand exactly how data centers are impacting their neighborhoods, the government must publicly track industrial impacts on grid instability, air quality, and natural resource management.

These solutions center on accountability and prioritize community choice. Fair deals are best made with clear rules, accurate information, and local control, instead of in backrooms. Rather than imposing a one-size-fits-all solution, a data center fair deal gives communities the information and tools to make the right decision for themselves.

[YOUR ELECTRIC BILL ISN’T HIGH BECAUSE OF AI. IT’S HIGH BECAUSE OF RED TAPE](https://www.washingtonexaminer.com/op-eds/4733744/data-centers-electric-bills-permitting-red-tape/)

In times of accelerated change, the federal government has historically provided guardrails to help citizens take control of their future. At the turn of the 20th century, as the public faced rapid industrialization, [labor](https://www.washingtonexaminer.com/tag/labor) exploitation, and concentrated corporate power, President Theodore Roosevelt announced the Square Deal to protect consumers and workers. More than a century later, another era of technological transformation is reshaping our country. Once again, Americans are without guardrails and shut out from the negotiating table.

We don’t have to choose between building the infrastructure of the future and protecting the communities where it is built. Congress should give Americans the transparency, leverage, and local control they need to get a fair deal.

*Brad Carson is president of Americans for Responsible Innovation (ARI) and a former congressman representing Oklahoma.*
