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Hubbard trustees pass resolution against data center NDAs

By BRANDON CANTWELL 3 min read

HUBBARD TOWNSHIP – One official noted the desire to remain transparent and non-disclosure agreement requests from data center developers in other communities as part of the reason for a resolution approved by trustees.

The resolution, read by Trustee Eric Lamb at a regular meeting earlier this week, notes that the non-disclosure agreements prevent officials from discussing data center projects with the residents they serve, and the facilities can place “significant demands” on land, electricity water and roads, as well as public services, adding that residents have a right to know about and comment on any such proposals.

The resolution acknowledges that the state’s general assembly is considering House Bill 695, which would prohibit township trustees and other local officials from entering into NDAs related to their official duties, and acknowledges the idea of secrecy with such projects undermines public trust and goes against residents’ interests.

Data centers server farms, cryptocurrency mining operations, artificial intelligence computing facilities or any other facility whose primary purpose is housing computer, networking or data storage equipment, as well as any facility expected to use five megawatts or more of electricity at peak load, are facilities covered by the resolution, and any individual acting on behalf of the township falls under “township official”, the resolution states.

The resolution requires officials to report NDA requests by covered persons – any person, company, partnership, limited liability company, agent, consultant or representative that is proposing, studying, marketing or considering a covered facility in the township – at the next public meeting, so it can be read into the record.

The resolution also requires any official who has previous entered an NDA to disclose it within 30 days of the resolution’s passing, and the NDA will be declared void and unenforceable.

Lamb said Wednesday that the resolution was proposed for the sake of transparency and to establish “safeguards and guardrails.”

“If (Trustee Jason) Tedrow doesn’t run again and another trustee comes in, I know his stance on data centers, but I don’t know a new fiscal officer’s, I don’t know another trustee down the road’s view on it,” Lamb said. “So it was just setting up safeguards and guardrails to protect the residents and everybody so they know exactly what’s happening, maintaining transparency and open discussions.”

Hubbard Mayor Ben Kyle signed an NDA with a data center company in December 2024 that wanted to build a facility at the former Deer Creek Golf Course. Voters on Nov. 3 overwhelmingly approved a data center ban for the city.

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