HB 2359 — An Act amending the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, in access, providing for nondisclosure agreements.

PRINTER'S NO.   3136

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2359
                                                 Session of
                                                   2026

     INTRODUCED BY CIRESI, PROKOPIAK, HILL-EVANS, HOHENSTEIN, MADSEN,
        MULLINS, FREEMAN, PROBST, SHUSTERMAN, HADDOCK, GUENST,
        CEPEDA-FREYTIZ, DONAHUE AND BELLMON, APRIL 6, 2026

     REFERRED TO COMMITTEE ON ENERGY, APRIL 6, 2026


                                     AN ACT
 1   Amending the act of February 14, 2008 (P.L.6, No.3), entitled
 2      "An act providing for access to public information, for a
 3      designated open-records officer in each Commonwealth agency,
 4      local agency, judicial agency and legislative agency, for
 5      procedure, for appeal of agency determination, for judicial
 6      review and for the Office of Open Records; imposing
 7      penalties; providing for reporting by State-related
 8      institutions; requiring the posting of certain State contract
 9      information on the Internet; and making related repeals," in
10      access, providing for nondisclosure agreements.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    The act of February 14, 2008 (P.L.6, No.3), known
14   as the Right-to-Know Law, is amended by adding a section to
15   read:
16   Section 508.    Nondisclosure agreements.
17      (a)   Prohibition.--
18            (1)   An agency may not enter into an agreement with a
19      person concerning the construction, development or location
20      of a data center, which requires confidentiality,
21      nondisclosure or otherwise restricts the agency from
 1      disclosing information to members of the public.
 2            (2)   An agreement or contract, or a provision of an
 3      agreement or contract, entered into after the effective date
 4      of this section in violation of paragraph (1) is deemed
 5      contrary to public policy and is void and unenforceable.
 6      (b)   Definition.--As used in this section, the term "data
 7   center" shall mean a facility, campus of facilities or array of
 8   interconnected facilities that is used by a business entity or
 9   other enterprise to operate, manage or maintain a computer,
10   group of computers or other organized assembly of hardware and
11   software for the primary purpose of processing, storing,
12   retrieving or transmitting data.
13      Section 2.    This act shall take effect immediately.




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