Some sections of a future Applied Digital data center near Harwood, North Dakota, were enclosed on March 4, 2026, while other sections were ready for more concrete panels to form the walls. (Photo by Jeff Beach/North Dakota Monitor)
BISMARCK, N.D. (KFGO) – A bill banning non-disclosure agreements between governments and data center and industrial project developers fails in the North Dakota Senate in a 32-15 vote.
Author of the legislation, Dem-NPL State Senator Tim Mathern of Fargo, describes what he says is being kept from the public.
“The very existence of a project. The location of a project. The identity of the developer. The scale, the size, of the enterprise. The data center,” Mathern explained.
Republican State Senator Jerry Klein of Fessenden believes a three-day special session isn’t enough time to pass a bill with a lot of consequences.
“Some of the key terms mentioned in the bill are so broad and could include a hospital IT room, a school district server room or even a bank’s branch network rack,” Klein said.
Earlier this week, Governor Kelly Armstrong shared his opinion that the state’s transparency laws are good enough.
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