AB 1036

This bill prohibits a data center, including any agent of a data center, from entering into any agreement, including a nondisclosure agreement, that has the purpose or effect of concealing the details of the development of the data center from the public or preventing public review of the data center. The bill also prohibits a city, village, town, or county (political subdivision) from entering into any agreement, including a nondisclosure agreement, that has the purpose or effect of concealing the details of the development of a data center from the public or preventing public review of a data center. These prohibitions do not apply to an agreement that has the sole purpose of preventing public disclosure of a trade secret.

In addition, the bill prohibits a political subdivision from permitting or approving a project for the creation of a data center if the data center or an agent of the data center or the political subdivision violates a nondisclosure agreement prohibition created in the bill.

The bill defines “data center” to mean a facility in this state that satisfies all of the following:

1. The facility’s primary services are storage, management, and processing of digital data.

2. The facility is used to house computer and network systems, including associated components such as servers and network equipment and appliances; telecommunications systems; data storage systems; systems for monitoring and managing infrastructure performance, Internet-related equipment and services, data connections, and environmental controls; fire protection systems; and security systems and services.