Massachusetts Governor Issues Data Center Rules Amid Calls for Moratorium
Massachusetts Governor Maura Healey has issued a new executive order requiring large data centers to meet stricter standards for energy, water, air quality, and public health, while also pausing a sales and use tax exemption for data centers. An environmental advocate argues that these measures do not go far enough and calls for a temporary statewide moratorium on new data center development, stricter regulations, and the permanent elimination of tax exemptions. The article highlights concerns about energy costs, grid strain, water consumption, and pollution, citing Lowell as a case study where a past legal challenge by residents regarding a data center expansion was dismissed on administrative grounds.
Massachusetts Governor Maura Healey has taken steps to regulate the unchecked growth of data centers in the state by issuing a new executive order. This order mandates that large data centers, specifically those with a peak electricity demand exceeding 25 megawatts, must comply with a responsible development framework and secure community benefits agreements before obtaining state permits. The new standards aim to address community concerns regarding energy, water, air quality, and public health.
However, environmental advocate Dwaign Tyndal, executive director of Alternatives for Community and Environment, asserts that Gov. Healey's executive order does not adequately address the full scope of issues. Tyndal highlights ongoing concerns about soaring energy costs, the strain on the regional power grid, significant water consumption, and air pollution from diesel backup generators. The article references a specific case in Lowell's Sacred Heart neighborhood, where a data center expanded, leading to a legal challenge by residents regarding noise, pollution, and inadequate environmental review. This challenge was ultimately dismissed on administrative grounds, leaving substantive environmental concerns unresolved.
Tyndal advocates for a more comprehensive statewide framework that includes rigorous cumulative environmental review, protections for ratepayers and water supplies, enhanced community participation, and greater transparency. He urges the Legislature to permanently eliminate data center tax exemptions, noting that other states like New York, Illinois, Arizona, and Ohio have already moved to end such subsidies. The article concludes by calling for a temporary statewide moratorium on new data center development to allow the Commonwealth to properly implement new regulations and strengthen existing protections, ensuring communities are not disproportionately impacted by technological expansion.