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Bill > S4304
NJ S4304
NJ S4304Prohibits agreements intended to conceal certain information concerning development of data centers under MLUL.
summary
Introduced
05/18/2026
05/18/2026
In Committee
05/18/2026
05/18/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 agreements, commonly known as non-disclosure agreements, that are intended to hide information about the development of data centers, which are facilities primarily used for storing, managing, and processing digital data. Specifically, applicants seeking to develop a data center, or their agents, are forbidden from entering into such agreements with government bodies that approve development (approving authorities or municipal agencies) or with the sellers of the property. These agreements are declared against public policy and therefore unenforceable. Applicants must also certify that no such concealing agreements were made during the real estate transaction. If an applicant violates these provisions, any development approvals, such as site plans or subdivisions, will not be granted by the relevant authorities. This bill clarifies that it does not permit the concealment of information for other types of development if existing laws, like the "Senator Byron M. Baer Open Public Meetings Act," already prohibit such practices.
Committee Categories
Housing and Urban Affairs
Sponsors (3)
Last Action
Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 05/18/2026)
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://www.njleg.state.nj.us/bill-search/2026/S4304 |
| BillText | https://pub.njleg.gov/Bills/2026/S4500/4304_I1.HTM |
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