MD.Regulation
Maryland bars state NDAs with data center developers and sets alignment reviews for 25 MW projects
Gov. Wes Moore signed Executive Order 01.01.2026.16 on September 23, 2026. Executive agencies may no longer enter into, renew or extend nondisclosure agreements with data center developers, operators or site-selection agents. A new Data Center Accountability Task Force reviews projects of 25 megawatts or more and rates each Aligned, Conditionally Aligned or Not Aligned. As a condition of alignment, developers must disclose their identity, parent and controlling entities, and consent to publication.
Text (Office of the Governor of Maryland) →
Key points
- Executive Order 01.01.2026.16, signed September 23, 2026, creates the Maryland Data Center Accountability Task Force.Office of the Governor of Maryland
- It covers data centers with projected or actual peak demand of 25 megawatts or more, including expansions adding that much.Office of the Governor of Maryland
- No Executive Department agency may enter into, renew or extend an NDA with a data center developer, operator or site-selection agent.Office of the Governor of Maryland
- Developers must disclose identity, parent company, controlling entities and anchor tenant, and consent to publication, to be found Aligned or Conditionally Aligned.Office of the Governor of Maryland
- State permits, approvals, incentives and other discretionary support are to be informed by each project's alignment with the framework.Office of the Governor of Maryland