DOVER, Del. - A new bill introduced in Dover would prohibit Delaware government entities from keeping large-scale data center projects hidden from the public.
Senate Bill 312, sponsored by Democratic State Sen. Stephanie Hansen Poore and backed by several lawmakers in both chambers, would ban state agencies, counties, and municipalities from entering into nondisclosure agreements tied to certain data center developments.
Under the legislation, the restriction would apply specifically to “large-scale data centers,” defined as facilities using or capable of using 100 megawatts of electricity or more. The bill further defines data centers as facilities primarily used for storing, managing, processing, or transmitting digital data using equipment like servers, graphics processing units, routers, and switches.
The proposal would make any nondisclosure agreement that prevents public disclosure of information about those projects “void and unenforceable” under Delaware law.
The bill applies to counties, municipalities, and state agencies alike. Similar language is repeated throughout the legislation to prohibit each level of government from signing agreements that would restrict what officials can tell the public about potential or existing large-scale data center developments.
According to the bill synopsis, lawmakers say the measure is aimed at increasing transparency surrounding large energy-intensive projects that could significantly impact nearby communities. The synopsis states that shielding information about proposed data centers through confidentiality agreements can prevent residents from understanding and responding to issues affecting their communities.
SB 312 was introduced in the Delaware General Assembly on Monday, May 11 and awaits further consideration by lawmakers.
