Bill > HB2359

This bill amends the Right-to-Know Law and the Tax Reform Code of 1971 to establish new requirements for data centers seeking tax incentives. Specifically, it adds a provision to the Right-to-Know Law prohibiting agencies from entering into agreements that require confidentiality or nondisclosure regarding the construction, development, or location of a data center, defining a "data center" as a facility primarily used for processing, storing, retrieving, or transmitting data. The bill also modifies the Tax Reform Code to require data center owners or operators applying for tax incentives to submit a "community protection plan" that includes notifying municipalities, holding public meetings, consulting with local officials, and providing a "project footprint report" detailing facility size, energy and water consumption, and plans to mitigate grid impacts. Furthermore, it mandates that these applicants certify they have not entered into, and will not enter into, any agreements with an agency that restrict public disclosure of information related to the data center's construction, development, or location. These community protection and nondisclosure requirements do not apply to data centers with a peak electric demand of less than 10 megawatts, or to those that had commenced construction before the effective date of these new provisions, with some exceptions for existing certified entities.