The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Union County
For Union County, see New Mexico’s statewide laws and regulations below. No additional county-specific measures are listed in our research.
Neutral Data Center Policies
New Mexico has an enacted order creating a council to study how to protect ratepayers from electricity costs associated with large users, including data centers. It imposes no new data-center requirements; the council is due to recommend possible changes by November 1, 2026.
current law · StatewideEstablishes, effective immediately, a 13-member council to develop strategies for affordable electricity, reliable grid capacity, and more predictable infrastructure permitting in New Mexico (Executive Order 2026-023).Executive Order 2026-023 — Creating the New Mexico Energy Affordability and Grid Reliability Council (Michelle Lujan Grisham, Governor)
What this means
This order creates a council to study how to protect ratepayers from costs tied to large electricity users, including data centers, and to recommend possible changes. It does not itself impose new data-center rules or offer incentives; its recommendations are due later. The council will evaluate and recommend strategies and deliver a final report by November 1, 2026.
People behind it
- Michelle Lujan Grisham
Issued and signed Executive Order 2026-023, establishing the Council.
- Department of Finance and Administration
The Council is administratively attached to the department.
- New Mexico Energy Affordability and Grid Reliability Council
Charged with carrying out the order’s duties and delivering recommendations to the Governor and Legislature.
Sources
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