Delaware

Public bodies barred from data center nondisclosure agreements (85 Del. Laws c. 447)

Enacted legislation or regulation

In effect This instrument is recorded as currently in effect as of the dataset date.

Scope

Senate Bill 312 amends Titles 9, 22 and 29 of the Delaware Code relating to data centers. It defines a data center and a large-scale data center (a data center that uses or is able to use 100 megawatts of power or more) and provides that a state agency, a county or a municipality may not enter into a nondisclosure agreement that restricts it from disclosing information to the public about potential or actual large-scale data center development; an agreement or provision that violates the section is against public policy and is void and unenforceable. The act does not regulate siting, construction or operation of data centers.

Geographic scope
Delaware
Jurisdiction
State
Authority type
Legislature
Issuing authority
Delaware General Assembly

Dates

Adopted
26 August 2026
Effective
26 August 2026
Scheduled expiration
None scheduled
Ended
Not recorded as ended
Completion condition
None stated
Source document
The source page states no document date
Last checked
23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)

Summary

Delaware Senate Bill 312 prohibits state agencies, counties and municipalities from entering into nondisclosure agreements that restrict them from disclosing information to the public about potential or actual large-scale data center development (100 megawatts or more), and makes a violating agreement void and unenforceable. The official bill-detail page shows it was signed on 26 August 2026 as volume and chapter 85:447 with an effective date of 26 August 2026.

What this does not establish

  • The act addresses public-body nondisclosure agreements only; it does not regulate data center siting, construction, utility service or operation.
  • The signature date, chapter and effective date come from the official bill-detail page; the bill text itself has no signature line.

Unresolved questions

None recorded.

Relationships

Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.

  • No related action is recorded.

Sources

Primary source

https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143259&legislationTypeId=1&docTypeId=2&legislationName=SB312

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