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MDE encourages community benefit agreements but warns data centers often use NDAs

Maryland Department of the Environment briefing with Baltimore County staff ยท July 29, 2026
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Summary

MDE staff recommended negotiating community benefit agreements (CBAs) to secure investments such as water infrastructure or clean energy, but warned the county that many agreements are confidential because data centers sign nondisclosure agreements.

Zach suggested Baltimore County consider community benefit agreements that could secure local investments in clean energy or water infrastructure from data-center developers. "There are things that you, as the county, can be looking to when it comes to things like community benefit agreements, whether that is investments in clean energy, investments in water infrastructure," he said.

He warned, however, that data centers frequently use nondisclosure agreements, making it hard for counties to learn what other communities have obtained. "I've heard that they come in and they sign all these NDAs with people in the communities... they're very, very secretive," Zach said, and recommended the county ask for more when negotiating benefits.