Pennsylvania SB 1408: An Act prohibiting certain nondisclosure agreements between public agencies and data centers.

Bill Text

PRINTER'S NO. 1891
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1408
Session of
2026
INTRODUCED BY PENNYCUICK, MALONE, BROWN AND VOGEL, JULY 20, 2026
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, JULY 20, 2026
AN ACT
Prohibiting certain nondisclosure agreements between public
agencies and data centers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Data Center
Nondisclosure Agreement Prohibition Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Data center." A facility or group of facilities, including
an ancillary use or associated structure located on the same
tract or parcel of land, that:
(1) is predominantly used to house working servers or
similar data storage systems; and
(2) has an uninterruptible energy supply or generator
backup power, or both, cooling systems, towers and other
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temperature control infrastructure.
"Public agency." A Commonwealth agency or local agency as
defined in section 102 of the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
Section 3. Prohibition.
An agency may not enter into an agreement with the owner or
operator of a data center or a person acting on behalf of a data
center concerning the construction, development or location of
the data center, if the agreement prohibits or otherwise limits
the public agency from disclosing information about the data
center, the construction, development or location of the data
center or the agreement to the public.
Section 4. Legal effect.
An agreement made in violation of section 3 is void and
unenforceable.
Section 5. Effective date.
This act shall take effect in 60 days.
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