summary
Introduced
03/02/2026
03/02/2026
In Committee
03/02/2026
03/02/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
Create a new section of KRS Chapter 61 to define "data center," "nondisclosure or confidentiality agreement," and "public agency"; prohibit public agencies from entering into a nondisclosure or confidentiality agreement relating to a data center that expands confidentiality beyond what is authorized by the Kentucky Revised Statutes; provide that contractual provisions relating to data centers that waive, supersede, or expand the requirements of the Kentucky Open Records Act or Kentucky Open Meetings Act are void; provide that certain information be made publicly available when certain data center-related actions are taken or documents are executed; provide that aggregated data concerning projected or actual impacts on public utilities and certain other public areas shall not be deemed confidential solely because the information relates to a data center project; prohibit a nondisclosure or confidentiality agreement from restricting the authority of a local public official to discuss data center impacts or public participation, hearings, or proceedings otherwise require by law.
AI Summary
This bill establishes new rules for data centers in Kentucky, aiming to increase transparency and prevent public agencies from entering into agreements that hide information beyond what state law already allows. It defines "data center" as a facility for storing, managing, and processing digital data, and "nondisclosure or confidentiality agreement" as any contract that restricts discussing its terms beyond statutory limits. The bill explicitly states that any contract related to a data center that tries to bypass or expand upon Kentucky's Open Records Act (which governs public access to government documents) or Open Meetings Act (which governs public access to government meetings) is void. Furthermore, when certain actions are taken regarding a data center, such as signing a development agreement, issuing permits, or approving special utility rates, specific information must be made public, including the owner's identity, project location, financial incentives received, public infrastructure contributions, and projected or actual utility usage and environmental impacts, though trade secrets are still protected. Aggregated data about a data center's impact on utility rates, grid reliability, pollution, public infrastructure, and expenditures will not be considered confidential simply because it relates to a data center, but proprietary technical details will remain protected. Finally, the bill prohibits agreements from preventing local officials, utility boards, or regulatory agencies from discussing data center impacts or from restricting public participation in required hearings or proceedings.
Sponsors (1)
Last Action
to Committee on Committees (S) (on 03/02/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://apps.legislature.ky.gov/record/26RS/sb330.html |
| BillText | https://apps.legislature.ky.gov/recorddocuments/bill/26RS/sb330/orig_bill.pdf |
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