South Bend IN data center NDA ban executive order (2026)
South Bend, Indiana — Mayor's Executive Order 01-2026 Bars Data Center Confidentiality Agreements (September 16, 2026)
South Bend, IN · City of South Bend, Ind. Executive Order No. 01-2026, Data Center Transparency & Accountability Order (Sept. 16, 2026)
- Status
- In effect
- Took effect
- September 16, 2026
- Applies to
- South Bend city departments, employees and mayoral appointees
- Enforced by
- Office of the Mayor, City of South Bend
South Bend Mayor James Mueller signed an executive order on September 16, 2026 that stops city departments, employees and mayoral appointees from signing confidentiality agreements about data centers. Any data center agreement must say plainly that it is a public record under Indiana's public records law. It covers agreements signed, approved, changed, renewed or extended after that date. The order followed a public works official's refusal to tell the council what is in the Amazon data center's wastewater, citing an NDA. Two council members separately filed a bill to bar city officials from signing NDAs; its outcome was not confirmed.
Who is protected: South Bend residents seeking access to records on city data center agreements
Legal detail
City of South Bend, Ind. Executive Order No. 01-2026, 'Data Center Transparency & Accountability Order', signed by Mayor James Mueller Wednesday, Sept. 16, 2026, effective immediately. Prohibits city departments, employees and mayoral appointees from entering confidentiality/nondisclosure agreements involving data centers; agreements must state they are public records under the Indiana Access to Public Records Act. Applies to data center agreements entered into, approved, amended, renewed or extended after signing. Context: AWS wastewater services agreement (Dec. 2023, expiring Dec. 2026); Public Works Director Eric Horvath declined an Aug. 20 Utilities Committee invitation citing the NDA. Separate Common Council bill (Oliver Davis Jr., Sherry Bolden-Simpson), filed for first reading Sept. 14, 2026, would bar city officials from entering NDAs; final passage not confirmed.
Key facts
| Jurisdiction | South Bend, IN |
|---|---|
| Level | City / local |
| Strength | Moderate |
| Enacted | September 16, 2026 |
| Citation | City of South Bend, Ind. Executive Order No. 01-2026, Data Center Transparency & Accountability Order (Sept. 16, 2026) |
| Private right of action | No, agency enforcement only |
| Penalties | None specified; confidentiality agreements prohibited and agreements must declare public-record status |
| Topics | data-center siting and energy · AI disclosure and transparency · government use of AI |
| News report | South Bend mayor bans confidentiality agreements for data centers — Inside INdiana Business |
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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