Delaware legislation · 153rd General Assembly
Delaware SB312: Data Center Developments/Prohibit NDAs
Status: Signed into law, August 26, 2026
AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO DATA CENTERS.
What the bill says
An act to amend title 9, title 22, and title 29 of the delaware code relating to data centers.
From the introduced text, May 11, 2026:
AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO DATA CENTERS. Section 1. Amend Part I, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: Chapter 4. Data Centers § 401. Nondisclosure agreements prohibited. (a) For purposes of this chapter: (1) "County" means a county or any person or entity with authority to act on its behalf. (2) "Data center" means a facility consisting of 1 or more buildings that has a primary purpose of providing for the storage, management, processing, or transmission of digital data, and that contains equipment such as routers, graphics processing units, servers, and switches. (3) "Large-scale data center" means a data center that uses or is able to use 100 megawatts of power or more. (4) "Nondisclosure agreement" means a contract, agreement, clause, term, condition, or understanding, whether verbal or written, that has the purpose or effect of restricting or prohibiting the disclosure of information, including confidentiality agreements, secrecy provisions, side letters, memoranda of understanding, or settlement agreements. (b) A county may not enter into a nondisclosure agreement if the nondisclosure agreement restricts the county from disclosing information to the public about potential or actual large-scale data center development in the county. (c) An …
Sponsors
- Nicole Poore (D, 12) · primary sponsor
- Frank Burns (D, 21)
- Debra Heffernan (D, 6)
- Melissa Minor-Brown (D, 17)
- Darius Brown (D, 2)
- Eric Buckson (R, 16)
- Daniel Cruce (D, 1)
- Stephanie Hansen (D, 10)
- Gerald Hocker (R, 20)
- Kyra Hoffner (D, 14)
- Russ Huxtable (D, 6)
- David Lawson (R, 15)
Latest actions
- : Signed by Governor
- : Passed By House. Votes: 37 YES 3 NO 1 ABSENT
- : Reported Out of Committee (Administration) in House with 4 On Its Merits
- : Assigned to Administration Committee in House
- : Passed By Senate. Votes: 20 YES 1 ABSENT
- : Reported Out of Committee (Elections & Government Affairs) in Senate with 5 Favorable
- : Introduced and Assigned to Elections & Government Affairs Committee in Senate
Votes
- Passed (SM) (June 25, 2026): 37 yea, 3 nay, passed
- Passed (SM) (June 11, 2026): 20 yea, 0 nay, passed
Common questions
- What is SB312?
- SB312 is a bill in the Delaware Legislature (153rd General Assembly): Data Center Developments/Prohibit NDAs.
- What does SB312 do?
- In its own words: An act to amend title 9, title 22, and title 29 of the delaware code relating to data centers.
- What is the status of SB312?
- Signed into law as of August 26, 2026. Latest action: Signed by Governor (August 26, 2026).
- Who sponsored SB312?
- Nicole Poore (D, 12), with 11 co-sponsors.
- Where is the official record for SB312?
- On the Delaware Legislature website: https://legis.delaware.gov/BillDetail?LegislationId=143259
Source: official Delaware record. Tracked by Delilah, AI for legislation across all 50 states and Congress.