Section 1. Section 10-8-95 is enacted to read:10-8-95. Non-disclosure agreements with prospective data centers -- Prohibitions -- Public disclosure.(1)As used in this section:(a)"Agent" means an individual or entity acting on behalf of a municipality.(b)"Data center" means a facility that:(i)is designed or used to house computer servers and associated components, including data storage devices, networking equipment, and telecommunications infrastructure; and(ii)has a connected electrical load capacity of 20 megawatts or greater.(c)"Non-disclosure agreement" means a contract, agreement, or understanding, whether written or oral, that contains any provision, clause, or language that:(i)provides that the contract, agreement, or understanding, or any of the contract's, agreement's, or understanding's terms, is confidential; or(ii)prohibits a municipality or the municipality's agent from disclosing, discussing, describing, or commenting upon information related to a prospective data center.(d)"Prospective data center" means a proposed data center that:(i)has not yet received all necessary approvals, permits, or authorizations from the municipality to commence construction or operation; or(ii)is in the process of negotiating with or seeking approvals from the municipality.(2)A municipality or an agent of a municipality may not enter into a non-disclosure agreement with a prospective data center on or after the effective date of this section.(3)(a)A non-disclosure agreement that violates Subsection (2) is void and unenforceable.(b)If a contract contains a provision that is void and unenforceable under Subsection (3)(a):(i)the provision shall be severed from the other provisions of the contract to the extent that the provision is void and unenforceable; and(ii)the remaining provisions of the contract remain enforceable.(4)A municipality shall publicly disclose a contract or agreement that violates Subsection (2) by:(a)posting the contract or agreement on the municipality's website within 30 days after the day on which:(i)the municipality enters into the contract or agreement; or(ii)a court determines that the contract or agreement violates this section; and(b)maintaining the posted contract or agreement on the municipality's website for at least five years after the day on which the contract or agreement is posted.(5)A resident of a municipality may bring an action in district court to:(a)obtain a declaratory judgment that a non-disclosure agreement violates this section and is void;(b)enjoin the enforcement of a non-disclosure agreement that violates this section; or(c)compel a municipality to comply with the public disclosure requirement in Subsection (4).

Section 2. Section 17-60-509 is enacted to read:17-60-509. Non-disclosure agreements with prospective data centers -- Prohibitions -- Public disclosure.(1)As used in this section:(a)"Agent" means an individual or entity acting on behalf of a county.(b)"Data center" means a facility that:(i)is designed or used to house computer servers and associated components, including data storage devices, networking equipment, and telecommunications infrastructure; and(ii)has a connected electrical load capacity of 20 megawatts or greater.(c)"Non-disclosure agreement" means a contract, agreement, or understanding, whether written or oral, that contains any provision, clause, or language that:(i)provides that the contract, agreement, or understanding, or any of the contract's, agreement's, or understanding's terms, is confidential; or(ii)prohibits a county or the county's agent from disclosing, discussing, describing, or commenting upon information related to a prospective data center.(d)"Prospective data center" means a proposed data center that:(i)has not yet received all necessary approvals, permits, or authorizations from the county to commence construction or operation; or(ii)is in the process of negotiating with or seeking approvals from the county.(2)A county or an agent of a county may not enter into a non-disclosure agreement with a prospective data center on or after the effective date of this section.(3)(a)A non-disclosure agreement that violates Subsection (2) is void and unenforceable.(b)If a contract contains a provision that is void and unenforceable under Subsection (3)(a):(i)the provision shall be severed from the other provisions of the contract to the extent that the provision is void and unenforceable; and(ii)the remaining provisions of the contract remain enforceable.(4)A county shall publicly disclose a contract or agreement that violates Subsection (2) by:(a)posting the contract or agreement on the county's website within 30 days after the day on which:(i)the county enters into the contract or agreement; or(ii)a court determines that the contract or agreement violates this section; and(b)maintaining the posted contract or agreement on the county's website for at least five years after the day on which the contract or agreement is posted.(5)A resident of a county may bring an action in district court to:(a)obtain a declaratory judgment that a non-disclosure agreement violates this section and is void;(b)enjoin the enforcement of a non-disclosure agreement that violates this section; or(c)compel a county to comply with the public disclosure requirement in Subsection (4).

Section 3. Section 63G-2-109 is enacted to read:63G-2-109. Non-disclosure agreements with prospective data centers prohibited.(1)As used in this section:(a)"Agent" means an individual or entity acting on behalf of a state agency.(b)"Data center" means a facility that:(i)is designed or used to house computer servers and associated components, including data storage devices, networking equipment, and telecommunications infrastructure; and(ii)has a connected electrical load capacity of 20 megawatts or greater.(c)"Non-disclosure agreement" means a contract, agreement, or understanding, whether written or oral, that contains any provision, clause, or language that:(i)provides that the contract, agreement, or understanding, or any of the contract's, agreement's, or understanding's terms, is confidential; or(ii)prohibits a state agency or the state agency's agent from disclosing, discussing, describing, or commenting upon information related to a prospective data center.(d)"Prospective data center" means a proposed data center that:(i)has not yet received all necessary approvals, permits, or authorizations from the state agency to commence construction or operation; or(ii)is in the process of negotiating with or seeking approvals from the state agency.(2)(a)A state agency or an agent of a state agency may not enter into a non-disclosure agreement with a prospective data center.(b)Subsection (2)(a) applies to non-disclosure agreements entered into on or after the effective date of this section.(3)(a)A non-disclosure agreement that violates Subsection (2) is void and unenforceable.(b)If a contract contains a provision that is void and unenforceable under Subsection (3)(a), that provision shall be severed from the other provisions of the contract to the extent that the provision is void and unenforceable.(c)The fact that a provision is void and unenforceable under Subsection (3)(a) does not affect the enforceability of the other provisions of the contract.(4)A state agency shall publicly disclose any contract or agreement that violates Subsection (2) by:(a)posting the contract or agreement on the state agency's website within 30 days after the day on which:(i)the state agency enters into the contract or agreement; or(ii)a court determines that the contract or agreement violates this section; and(b)maintaining the posted contract or agreement on the state agency's website for at least five years after the day on which the contract or agreement is posted.(5)A resident of this state may bring an action in district court to:(a)obtain a declaratory judgment that a non-disclosure agreement violates this section and is void;(b)enjoin the enforcement of a non-disclosure agreement that violates this section; or(c)compel a state agency to comply with the public disclosure requirement in Subsection (4).

Section 4. Effective Date.This bill takes effect on May 6, 2026.