Assembly Bill A11423

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11423
 
                           I N  A S S E M B L Y
 
                               May 15, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the general obligation law, in relation  to  prohibiting
   the  use and enforcement of nondisclosure agreements (NDAs) and confi-
   dentiality provisions that prevent individuals, municipalities,  land-
   owners,  consultants,  contractors,  or  other parties from discussing
   matters of public concern related to  large-scale  infrastructure  and
   energy  development  projects; and to amend the public service law, in
   relation to transparency regarding certain projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  obligation  law  is amended by adding a new
 section 5-338 to read as follows:
   § 5-338. CERTAIN NONDISCLOSURE AND CONFIDENTIALITY PROVISIONS VOID AND
 UNENFORCEABLE. 1. NOTWITHSTANDING ANY OTHER LAW  TO  THE  CONTRARY,  ANY
 PROVISION  IN ANY CONTRACT OR AGREEMENT WHICH PROHIBITS ANY PARTY TO THE
 CONTRACT OR AGREEMENT FROM DISCLOSING INFORMATION RELATING  TO  ENVIRON-
 MENTAL  IMPACTS,  WATER  USAGE,  ELECTRICAL  DEMAND,  UTILITY  RATEPAYER
 IMPACTS, PUBLIC INFRASTRUCTURE OBLIGATIONS, TAX ABATEMENTS OR SUBSIDIES,
 NOISE OR LAND USE IMPACTS, OR PUBLIC HEALTH AND SAFETY CONCERNS  ASSOCI-
 ATED  WITH  THE  DEVELOPMENT,  OPERATION  AND/OR SITING OF UTILITY-SCALE
 SOLAR FACILITIES, WIND PROJECTS, BATTERY ENERGY STORAGE SYSTEMS, CRYPTO-
 CURRENCY MINING FACILITIES, AI COMPUTING FACILITIES,  DATA  CENTERS  AND
 OTHER  LARGE ENERGY-INTENSIVE DEVELOPMENTS SHALL BE VOID AND UNENFORCEA-
 BLE AND AGAINST PUBLIC POLICY. NO AGREEMENT OR CONTRACT ENTERED INTO  BY
 ANY PARTIES IN THIS STATE SHALL PROHIBIT ANY RESIDENT, LANDOWNER, MUNIC-
 IPAL  OFFICIAL,  CONSULTANT, CONTRACTOR OR ANY OTHER AFFECTED PARTY FROM
 SPEAKING PUBLICLY,  ATTENDING  AND  PARTICIPATING  IN  PUBLIC  HEARINGS,
 COMMUNICATING WITH THE MEDIA, SUBMITTING COMMENTS TO GOVERNMENT AGENCIES
 OR DISCUSSING ANY SUCH PROJECT OR ITS POTENTIAL IMPACTS.
   2.  IT  SHALL  BE  UNLAWFUL  TO  THREATEN  OR  TO  SEEK TO ENFORCE ANY
 PROVISION OF A CONTRACT OR AGREEMENT MADE UNLAWFUL UNDER  THIS  SECTION,
 OR  TO  OTHERWISE PENALIZE ANY PERSON FOR MAKING ANY STATEMENT PROTECTED
 UNDER THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15901-01-6
 A. 11423                            2
 
   3. ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO  PUBLIC
 POLICY, AND IS VOID AND UNENFORCEABLE.
   4.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LEGITIMATE TRADE
 SECRETS, CYBERSECURITY INFORMATION, PROPRIETARY ENGINEERING  INFORMATION
 AND  COMPETITIVELY  SENSITIVE  BUSINESS DATA UNRELATED TO THE IMPACTS OF
 PROJECTS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   5. ANY PERSON OR ENTITY THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO
 A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR  THE
 FIRST  VIOLATION,  AND FIVE THOUSAND DOLLARS FOR THE SECOND AND FOR EACH
 SUBSEQUENT VIOLATION, TO BE ASSESSED AND COLLECTED  IN  A  CIVIL  ACTION
 BROUGHT  BY AN INDIVIDUAL OR BY THE ATTORNEY GENERAL. IN ADDITION, FOR A
 WILLFUL OR INTENTIONAL VIOLATION OF THIS SECTION, AN AFFECTED  PARTY  OR
 THE ATTORNEY GENERAL MAY RECOVER A CIVIL PENALTY NOT TO EXCEED TEN THOU-
 SAND DOLLARS.
   §  2.  The public service law is amended by adding a new section 28 to
 read as follows:
   § 28. TRANSPARENCY REGARDING CERTAIN PROJECTS. ALL  RECORDS,  REPORTS,
 CORRESPONDENCE,  AGREEMENTS  AND  CONTRACTS INVOLVING UTILITIES, INFRAS-
 TRUCTURE UPGRADES, SPECIAL RATE ARRANGEMENTS OR PUBLIC SUBSIDIES ASSOCI-
 ATED WITH ANY ACTIONS OR DECISIONS BY THE  COMMISSION  RELATING  TO  THE
 APPROVAL,  SITING, DEVELOPMENT, OPERATION OF UTILITY-SCALE SOLAR FACILI-
 TIES, WIND PROJECTS,  BATTERY  ENERGY  STORAGE  SYSTEMS,  CRYPTOCURRENCY
 MINING FACILITIES, AI COMPUTING FACILITIES, DATA CENTERS AND OTHER LARGE
 ENERGY-INTENSIVE DEVELOPMENTS SHALL BE MADE PUBLICLY AVAILABLE.
   § 3. This act shall take effect immediately.