On September 23, 2026, Governor Wes Moore signed Executive Order 01.01.2026.16 – Responsible Data Center Development in Maryland, establishing a statewide framework intended to guide the future development of large-scale data centers throughout Maryland. This Executive Order was subsequently published in the Maryland Register on October 2, 2026. The Executive Order responds to growing concerns regarding the impacts of data center expansion on electric grid reliability, utility customers, water resources, local communities, and public infrastructure.
The Executive Order establishes a new Maryland Data Center Accountability Task Force that will coordinate state review of data center projects and serve as the primary point of contact for developers and local governments. The Task Force will consist of a Chair designated by the Governor, the Director of the Maryland Energy Administration (or designee), the Secretaries (or designees) of Commerce, Labor, the Environment, Natural Resources, Agriculture, and Planning, and other members invited to participate at the discretion of the Chair.
The Task Force will evaluate projects using a framework built around five core principles:
- Ratepayer and Grid Protection
- Economic Benefit for Marylanders
- Community Voice
- Environmental Protection
- Transparency and Accountability
What Does the Executive Order Require?
Under the framework, data center developers will be expected to demonstrate how projects will meet their energy needs without creating additional costs or reliability risks for Maryland utility customers. The Task Force will also consider whether projects provide measurable economic benefits, including local hiring, workforce development, apprenticeship opportunities, and investment in Maryland communities.
The Executive Order places significant emphasis on local engagement and environmental stewardship. Developers are encouraged to engage host communities early in the planning process and demonstrate how community feedback has been incorporated into project development. Environmental considerations include water consumption, backup generator emissions, stormwater management, greenhouse gas impacts, and protection of natural resources.
The Executive Order also seeks to improve transparency by creating a publicly accessible Maryland Data Center Dashboard that will track projects, developer commitments, energy and water demands, and project performance over time. State agencies are prohibited from entering into new non-disclosure agreements related to data center projects, reinforcing the Administration’s focus on public accountability.
How Does This Change Environmental Requirements for Data Centers in Maryland?
The Executive Order does not create any new environmental regulatory requirements for data centers specifically. However, the factors listed in the Executive Order that the Task Force must consider go beyond current regulatory requirements in some cases. Specifically, the Task Force (informed by the Maryland Department of the Environment (MDE) and Department of Natural Resources), is required to consider the following, at a minimum:
- With regard to water, the data center must demonstrate that adequate water is available, and the Task Force must consider whether the developer has analyzed cooling options to minimized consumption and whether it publicly discloses water use and efficiency metrics.
- With regard to air quality, the Task Force must consider cumulative impact with nearby facilities, the extent to which the developer minimizes diesel backup generation, and whether the developer commits to fenceline monitoring or buffers.
- With regard to stormwater, the Task Force must consider protection of the Chesapeake Bay, the State’s Smart Growth policies, and mitigation of impacts on overburdened communities.
- The Task Force must also consider that the developer has a decommissioning plan for removal of equipment and disposal of e-Waste.
While the Executive Order does not specifically require some of these items, such as fenceline monitoring and public disclosure of efficiency metrics, the Executive Order could indicate that these will be required for future data centers to receive approval from the Task Force. The Task Force is required to publish guidance explaining how these criteria will be applied.
What Does This Mean for Data Center Developers?
Although the Executive Order does not create new statutory permitting requirements, it establishes a framework that will influence how Maryland agencies coordinate reviews, evaluate incentive requests, and engage with proposed data center projects. Developers seeking state support or participation in the coordinated review process will likely need to demonstrate alignment with the framework’s objectives and publicly document project commitments. Projects will also be tracked through a new statewide dashboard designed to increase transparency and accountability.
Organizations pursuing data center development opportunities in Maryland should review the requirements outlined in the Maryland Executive Order, monitor guidance issued by the Maryland Energy Administration, and stay informed regarding permitting expectations from the MDE as implementation of the framework progresses.
Early consideration of energy supply planning, utility infrastructure requirements, environmental impacts, local stakeholder engagement, and project transparency may help position projects for successful review under the new framework. Particular attention should be paid to demonstrating that projects will not increase costs for ratepayers, providing meaningful community engagement, and documenting environmental and economic commitments.
Trinity Consultants continues to support data center developers, hyperscale operators, and infrastructure clients with environmental permitting, air quality compliance, stormwater permitting, Spill Prevention, Control, and Countermeasure (SPCC) planning, Emergency Planning and Community Right-to-Know Act (EPCRA) reporting, sustainability initiatives, and site development support. As Maryland implements this new regulatory framework, organizations planning or operating data center facilities should evaluate how the proposed requirements may affect project schedules, permitting strategies, and long-term compliance obligations. To learn more about Trinity’s Data Center Services or discuss the potential impacts on your operations, please contact Trinity’s Maryland office at 240.379.7490.
