KY SB330

Public agencies are prohibited from entering nondisclosure or confidentiality agreements with data centers that expand confidentiality beyond what Kentucky statutes authorize, and any contract provisions waiving the Open Records Act or Open Meetings Act are void as against public policy.

Upon execution of data center agreements or permits, specific information must be publicly disclosed: owner identity, project location, total public financial incentives and tax benefits, public infrastructure contributions, electricity demand, water usage, required utility upgrades, environmental commitments, and clawback provisions.

Aggregated data on data center impacts—including electric and water utility rates, grid reliability, pollution discharge, public infrastructure capacity, and public expenditures—cannot be deemed confidential solely because it relates to a data center.

Confidentiality agreements cannot restrict local elected officials, utility boards, or regulatory agencies from publicly discussing data center impacts on infrastructure, environment, or utility rates, nor limit legally required public participation and hearings.

Trade secrets (as defined in KRS 365.880) and proprietary technical specifications, cybersecurity systems, or internal operational designs remain protected from disclosure requirements.