Data Centers - Standards for Operation and Siting

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1534*

HOUSE BILL 1534
M3, L6, M4 6lr3427

By: Delegate Miller
Introduced and read first time: February 13, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Data Centers – Standards for Operation and Siting 2

FOR the purpose of requiring an owner or operator of a data center to comply with certain 3
standards under certain circumstances; requiring the Department of the 4
Environment to establish by regulation certain sound and vibration controls and 5
requirements for backup power generation for data centers ; authorizing a local 6
health department and the Department to issue an emergency stop work order under 7
certain circumstances; prohibiting a local approving authority from authorizing the 8
construction of a data center on certain agricultural land; requiring a certain 9
applicant to submit a certain report to a local approving authority under certain 10
circumstances; and generally relating to standards for the operation and siting of 11
data centers. 12

BY adding to 13
Article – Environment 14
Section 19–101 and 19–102 to be under the new title “Title 19. Data Centers” 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, without amendments, 18
Article – Land Use 19
Section 1–401(a) and (c) 20
Annotated Code of Maryland 21
(2012 Volume and 2025 Supplement) 22

BY repealing and reenacting, with amendments, 23
Article – Land Use 24
Section 1–401(b)(27) through (32) 25
Annotated Code of Maryland 26
(2012 Volume and 2025 Supplement) 27

2 HOUSE BILL 1534

BY adding to 1
Article – Land Use 2
Section 1–401(b)(27); and 7–601 and 7–602 to be under the new subtitle “Subtitle 6. 3
Data Center Siting” 4
Annotated Code of Maryland 5
(2012 Volume and 2025 Supplement) 6

BY repealing and reenacting, without amendments, 7
Article – Tax – General 8
Section 11–239(a)(1) and (2) 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2025 Supplement) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Environment 14

TITLE 19. DATA CENTERS. 15

19–101. 16

(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 17
INDICATED. 18

(B) “DATA CENTER” HAS THE MEANING STATED IN § 11–239 OF THE TAX – 19
GENERAL ARTICLE. 20

(C) “DBA” MEANS DECIBELS OF SOUND AS DETERMINED BY THE 21
A–WEIGHTING NETWORK. 22

(D) “DBC” MEANS D ECIBELS OF SOUND AS DETERMINED BY THE 23
C–WEIGHTING NETWORK. 24

19–102. 25

(A) IN ADDITION TO ANY OT HER FEDERAL , STATE, OR LOCAL 26
REQUIREMENTS, AN OWNER OR OPERATOR OF A DATA CENTER SHALL: 27

(1) IF THE DATA CENTER IS LOCATED WITHIN A 2,500–FOOT RADIUS 28
OF THE BOUNDARY OF A PRIMARY OR SECONDARY SCHOOL PROPERTY: 29

(I) ENSURE ELECTRICAL SUB STATIONS AND OVERHEA D 30
TRANSMISSION LINES THAT HAVE A VOLTAGE CARRYING CAPACITY IN EXCESS OF 69 31
HOUSE BILL 1534 3

KILOVOLTS MAINTAIN A MINIMUM 1,000–FOOT SETBACK FROM ANY PLAYGROUND 1
OR ATHLETIC FIELD ON THE SCHOOL PROPERTY; 2

(II) BEFORE OPERATING THE DATA CENTER AND ON REQUEST 3
FROM A SCHOOL, PROVIDE: 4

1. FOR T HE INSTALLATION OF HEPA–ONLY FILTERS 5
AND MERV 13+ FILTERS IN THE SCHOOL ’S HEATING, VENTILATION, AND 6
AIR–CONDITIONING SYSTEM; AND 7

2. FUNDING FOR ANNUAL COSTS RELATED TO 8
MAINTAINING AND REPLACING THE FILTERS; AND 9

(III) INSTALL AND MAINTAIN A PUBLIC–FACING AIR QUALITY 10
SENSOR NETWORK AT THE AIR INTAKES OF THE SCHOOL TO MONITOR PARTICULATE 11
MATTER 2.5, NITROGEN DIOXIDE, AND CARBON MONOXIDE; AND 12

(2) ENSURE COMPLIANCE WIT H STANDARDS ESTABLISHE D BY THE 13
DEPARTMENT UNDER SUBSECTION (B) OF THIS SECTION. 14

(B) (1) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION SOUND 15
AND VIBRATION CONTROLS AND REQUIREMENTS FOR BACKUP POWER GENERATION 16
FOR DATA CENTERS. 17

(2) THE REGULATIONS ESTAB LISHED BY THE DEPARTMENT UNDER 18
PARAGRAPH (1) OF THIS SUBSECTION SHALL: 19

(I) SET S OUND LEVEL LIMITS THAT P ROHIBIT DBC FROM 20
EXCEEDING DBA BY MORE THAN 10 DECIBELS OF SOUND; AND 21

(II) FOR SCHOOL AND RESIDE NTIAL PROPERTY , SET SOUND 22
LEVEL LIMITS THAT MAY NOT EXCEED: 23

1. 45 DBA; OR 24

2. 55 DBC; 25

(III) SET PEAK PARTICLE VEL OCITY LIMITS THAT MA Y NOT 26
EXCEED 0.02 INCHES PER SECOND AT ANY SCHOOL FOUNDATION; 27

(IV) REQUIRE ALL MECHANICAL EQUIPM ENT TO USE 28
SPRING–ISOLATED FOUNDATIONS WITH 95% EFFICIENCY; 29

4 HOUSE BILL 1534

(V) REQUIRE EACH BACKUP GENERATOR WITHIN 1 MILE OF 1
THE BOUNDARY OF A SCHOOL OR RESIDENTIAL PROPERTY TO MEET TIER 4 2
EMISSION STANDARDS AND CERTIFICATION REQUIREMENTS ESTABLISHED BY THE 3
U.S. ENVIRONMENTAL PROTECTION AGENCY; 4

(VI) FOR A DATA CENTER THA T REQUIRES MORE THAN 50 5
MEGAWATTS, REQUIRE ON–SITE BATTERY ENERGY STORAGE; AND 6

(VII) PROHIBIT NONEMERGENCY BACKUP GENERATOR TESTING 7
BETWEEN THE HOURS OF 7:30 A.M. AND 4:30 P.M., MONDAY THROUGH FRIDAY. 8

(C) A LOCAL HEALTH DEPARTMENT OR THE DEPARTMENT MAY ISSUE AN 9
EMERGENCY STOP WORK ORDER IF: 10

(1) ANY SOUND OR VIBRATION LIMIT SET FOR SCHOOL PROPERTY BY 11
THE DEPARTMENT IN REGULATION IS EXCEEDED FOR MORE THAN 4 HOURS DURING 12
SCHOOL HOURS; OR 13

(2) AN A IR QUALITY MONITOR D ETECTS AN INCREASE OF 20% OR 14
MORE IN POLLUTANTS DURING BACKUP GENERATOR TESTING. 15

(D) (1) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO A CIVIL 16
PENALTY OF $10,000. 17

(2) IN ADDITION TO A PENALTY IMPOSED UNDER PARAGRAPH (1) OF 18
THIS SUBSECTION, IF AN OWNER OR OPERATOR OF A DATA CENTER HAS VIOLATED 19
THIS SECTION MULTIPLE TIMES, THE DEPARTMENT MAY REVOKE OR SUSPEND ANY 20
PERMIT ISSUED BY THE DEPARTMENT TO THE DATA CENTER UNDER THIS ARTICLE. 21

Article – Land Use 22

1–401. 23

(a) Except as provided in this section, this division does not apply to charter 24
counties. 25

(b) The following provisions of this division apply to a charter county: 26

(27) TITLE 7, SUBTITLE 6 (DATA CENTER SITING); 27

[(27)] (28) § 8–401 (Conversion of overhead facilities); 28

[(28)] (29) for Baltimore County only, Title 9, Subtitle 3 (Single–County 29
Provisions – Baltimore County); 30

HOUSE BILL 1534 5

[(29)] (30) for Frederick County only, Title 9, Subtitle 10 (Single –County 1
Provisions – Frederick County); 2

[(30)] (31) for Howard County only, Title 9, Subtitle 13 (Single –County 3
Provisions – Howard County); 4

[(31)] (32) for Talbot County only, Title 9, Subtitle 18 (Single –County 5
Provisions – Talbot County); and 6

[(32)] (33) Title 11, Subtitle 2 (Civil Penalty). 7

(c) This section supersedes any inconsistent provision of Division II of this article. 8

SUBTITLE 6. DATA CENTER SITING. 9

7–601. 10

IN THIS SUBTITLE, “DATA CENTER” HAS THE MEANING STATED IN § 11–239 OF 11
THE TAX – GENERAL ARTICLE. 12

7–602. 13

(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A LOCAL APPROVING 14
AUTHORITY MAY NOT AUTHORIZE CONSTRUCTION OF A DATA CENTER: 15

(1) ON LAND WITH SOILS C LASSIFIED AS U.S. DEPARTMENT OF 16
AGRICULTURE SOIL CAPABILITY CLASS I OR CLASS II UNLESS THERE IS NO OTHER 17
LAND IN THE LOCAL JURISDI CTION THAT IS AVAILABLE AND CLASSIFIED AS AN 18
INDUSTRIAL ZONE; 19

(2) ON LAND ENCUMBERED BY AN AGRICULTURAL EASEMENT; 20

(3) IN A RURAL LEGACY AREA, AS DEFINED IN § 5–9A–02 OF THE 21
NATURAL RESOURCES ARTICLE; OR 22

(4) IF CONSTRUCTION OF THE DATA CENTER WOULD RESULT IN A 23
VIOLATION OF TITLE 19 OF THE ENVIRONMENT ARTICLE. 24

(B) BEFORE A LOCAL APPROVING AUTHORITY MAY APPROVE AN 25
APPLICATION FOR THE CONSTRUCTION OF A DATA CENTER ON LAND THAT HAS NOT 26
BEEN PREVIOUSLY DEVE LOPED, AN APPLICANT SHALL SUBMIT TO THE LOCAL 27
APPROVING AUTHORITY A REPORT THAT VERIFIES THAT THE APPLICANT 28
EVALUATED DECOMMISSI ONED INDUSTRIAL OR P OWER PLANT SITES BEF ORE 29
SUBMITTAL OF THE APPLICATION. 30
6 HOUSE BILL 1534

Article – Tax – General 1

11–239. 2

(a) (1) In this section the following words have the meanings indicated. 3

(2) “Data center” means a buil ding or group of buildings used to house 4
computer systems, computer storage equipment, and associated infrastructure that 5
businesses or other organizations use to organize, process, store, and disseminate large 6
amounts of data. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026. 9