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Bill > A6181


NJ A6181

NJ A6181
Prohibits agreements intended to conceal certain information concerning the development of data centers under MLUL.


summary

Introduced
12/08/2025
In Committee
12/08/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill expressly prohibits applicants, including any agent of an applicant, for the development of a data center, as defined in the bill, from entering into agreements, commonly known as non-disclosure agreements, with approving authorities, municipal agencies, and property sellers. The bill provides that these agreements are against public policy and unenforceable. The bill also provides that an applicant is to attest that at no time did the buyer, or any agent of the buyer, of the real property proposed for development, the developer, or any other party involved in the real estate transaction, enter into any agreement, including a non-disclosure agreement, with the seller that had the purpose or effect of concealing the details, or preventing public review, of the development plans for the property if the applicant is developing a data center. An approving authority or municipal agency is not to approve a minor site plan, minor subdivision, site plan, or subdivision, or grant any other approval required by an approving authority, municipal agency, or enforcing agency, if the applicant violates a provision of this bill. Nothing in this bill is to construed to implicitly permit an applicant from entering into any agreement, including a non-disclosure agreement, that has the purpose or effect of concealing the details, or preventing public review, for the development of any structure other than a data center, to the extent that the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), or any other law, prohibits these practices.

AI Summary

This bill prohibits non-disclosure agreements (NDAs) in the context of data center development by establishing strict transparency requirements for real estate transactions and approval processes. The bill defines a data center as a facility primarily used for storing, managing, and processing digital data, including computer systems, network equipment, and related infrastructure. It explicitly forbids applicants and their agents from entering into any agreements with approving authorities, municipal agencies, or property sellers that could conceal development details or prevent public review of data center projects. Such agreements are declared against public policy and unenforceable. Applicants must attest that no party involved in the real estate transaction has entered into an NDA that could obscure development plans. Furthermore, if an applicant violates these provisions, approving authorities are prohibited from granting any site plan, subdivision, or other development approvals. The bill emphasizes that its restrictions specifically apply to data center developments and do not implicitly permit similar concealment practices for other types of structures, while still respecting existing open meeting laws and transparency regulations.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Introduced, Referred to Assembly Science, Innovation and Technology Committee (on 12/08/2025)

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