Fiber optic network cables in a data center

TRENTON, N.J. — Companies seeking to build data centers in New Jersey could no longer use confidentiality agreements to keep their plans out of public view under a bill the state Senate approved Thursday, according to the New Jersey Senate Democrats.

The measure, S-4304, is sponsored by state Sen. Linda Greenstein, D-Mercer/Middlesex, and state Sen. Brian P. Stack, D-Hudson.

The bill would prohibit data center applicants and their agents from entering into agreements with approving authorities, municipal agencies or property sellers that would conceal information about a proposed development from public review.

Applicants also would have to attest that no such agreement was made as part of the real estate transaction for the proposed data center.

If an applicant violated those provisions, an approving authority or municipal agency would be barred from granting a site plan, subdivision or other required approval. The legislation would also declare such agreements contrary to public policy and unenforceable.

Greenstein said openness matters because the projects can significantly affect the communities around them.

“Transparency is crucial during the data center development process, especially since these projects can have a major impact on our communities,” Greenstein said. “This legislation makes it illegal for applicants who attempt to conceal data center development plans and makes clear that these agreements have no place in the approval process.”

Stack said residents are owed information about what is planned near their homes.

“There is a responsibility that must be honored to surrounding communities when a data center is proposed for development,” Stack said. “Residents deserve to know what is being proposed in their neighborhoods and how it could impact their communities. This legislation will help prevent agreements that keep important information out of the public eye.”

This report is based on a press release from the New Jersey Senate Democrats.

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