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Pass SB 1408 and HB 2359 to Ban Data Center NDAs with Public Officials

To: Gov. Shapiro, Rep. Pielli, Sen. Comitta

From: A verified voter in West Chester, PA

August 22

Pass SB 1408 and HB 2359. Data center developers are forcing elected officials to sign nondisclosure agreements before they'll even explain what they're building in our communities — and that has to stop. When a company makes secrecy a condition of meeting with a public official, it has flipped accountability on its head. The official becomes answerable to the corporation, not to voters. Spotlight PA found at least eight NDAs signed by township, county, and Shapiro administration officials for data center projects. The agreements use vague language — barring disclosure of anything "reasonably considered confidential" — leaving officials legally exposed on both sides. As Anthony Township Supervisor Craig High put it, you can get sued for breaking the NDA or for withholding information you're legally obligated to share. That's an impossible position for any elected official. HB 2359 passed the House 171-31 with massive bipartisan support and is now sitting in the Senate Finance Committee. SB 1408 is ready to move in September. Nearly three-quarters of Pennsylvanians oppose data centers in their communities — in large part because of this secrecy. Get both bills to the governor's desk this fall.

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