Maryland EO 01.01.2026.16 data center framework (2026)

Executive Order 01.01.2026.16, 'Responsible Data Center Development in Maryland: Protecting Ratepayers, Empowering Communities, and Ensuring Transparency and Accountability', signed by Gov. Wes Moore in Annapolis on September 23, 2026, effective immediately (attested by Secretary of State Susan C. Lee). DEFINITION: a facility or campus used mainly for networked computing, storage and telecom equipment with projected or actual peak electric demand of 25 MW or more (including expansions adding 25 MW or more), or a 'Large Load Customer' under Md. Code Ann., Public Utilities § 7-232. EXCLUDED, if the Chair confirms project by project: facilities of accredited higher-education institutions, health care institutions, State agencies or the U.S. Department of Defense. TASK FORCE: a Chair designated by the Governor, plus the Director of the Maryland Energy Administration and the Secretaries of Commerce, Labor, Environment, Natural Resources, Agriculture and Planning (or their designees), and other members the Chair invites. PROCESS: preliminary baseline assessment within 60 days of intake; a written Framework Determination of 'Aligned', 'Conditionally Aligned' or 'Not Aligned'; reconsideration may be requested within 30 days. NOT ALIGNED, 'Non-Performing' or no determination sought: to the fullest extent consistent with law, no Coordinated Review Pathway, facilitation, letters of support or advocacy; agencies defer substantive review until the developer documents local land-use approvals, consistency with the host comprehensive plan, and any required water appropriation or wastewater discharge authorization; Commerce will not recommend, certify or approve discretionary State incentives; the Dashboard shows the status and the reason for it. NDA BAN: no Executive Department agency may enter into, renew or extend an NDA with a data center developer, operator or site-selection agent; NDAs signed before the effective date are honored but not renewed or extended. Developers must disclose identity, parent and controlling entities, anchor tenant, projected energy demand, water use and energy plan, and any duplicate interconnection or siting requests. The Maryland Energy Administration is to set a standard annual report form (for example power usage effectiveness and water usage effectiveness). The Task Force reports to the Governor annually by December 1, starting in 2027. APPLICABILITY: prospective only. Applications that were administratively complete on or before the effective date are governed by the earlier rules, and permits already issued are not affected. The order creates no enforceable private right and does not authorize denying a permit on grounds not authorized by law. Separately, the Governor's press release says he will work with the General Assembly in the coming session to repeal the 2020 data center sales and use tax exemption; that repeal is NOT part of the order. NOT ESTABLISHED: who was named Chair, and the date the Dashboard goes live.