Over the course of 2026, the Federation of American Scientists (FAS) has conducted primary research, including interviews in the field, issued public records requests for difficult-to-find agreements, and created a series of trackers on new ordinances, state legislation, and moratoriums. This report serves as a landscape assessment and toolbox from which local governments can negotiate an informed position when it comes to the levers available to them and includes a first-of-its kind analysis of ten executed agreements between local governments and data center developers.
This report includes three sections:
Ordinances Analysis: provides a brief overview of what local governments are already doing through a landscape scan of 42 local ordinances and 12 state actions.
Data Center Property Values: provides a sampling of data for taxable value over time across six jurisdictions.
Community Benefits Agreements (CBA) – Review and Comparison: provides a comparative review of ten CBAs, identifying common requirements, what is offered as a benefit to the local government and to the developer, and what policy considerations are included within the agreement.
Published Sep 10, 2026