A new ballot initiative takes aim at Massachusetts data centers
A Massachusetts activist has filed a statewide ballot initiative to regulate data centers, requiring local voter approval and addressing electricity and water concerns. This effort follows local actions in various cities, including moratoriums, zoning changes, and a lawsuit, reflecting growing community opposition. The initiative is currently awaiting review by the attorney general.
Jim Fleming, a Massachusetts political consultant, has filed a statewide ballot initiative seeking to regulate data center development. The proposed measure, which emerged after residents in Holyoke and Westfield raised concerns about planned data centers, would require two-thirds local voter approval for new projects and mandate conditions such as agreements to protect electricity customers from higher costs and certified water sustainability plans. The initiative is currently under review by the Massachusetts Attorney General's office, with a decision expected by September 2 on its constitutional validity.
If approved, Fleming will need to collect approximately 75,000 signatures to advance the measure to the State Legislature. Lawmakers can then pass it, propose an alternative, or take no action. Should the Legislature not act, an additional 12,500 signatures would be required to place the question on the 2028 statewide ballot.
This statewide effort comes as numerous Massachusetts communities are independently enacting their own regulations for data centers. Examples include Malden's one-year moratorium, Southborough's special permit requirement with a 50,000 sq ft limit, Mansfield's 2 MW electricity cap, and Everett's 20,000 sq ft or 5 MW limit in its innovation district. Holyoke has banned new data centers over 12 MW, while Westfield, which approved a $4 billion data center, has since imposed its own one-year moratorium due to opposition. Furthermore, residents in Lowell have initiated the state's first lawsuit challenging a proposed data center.
Fleming views the ballot initiative as a vital tool for public awareness, ensuring voters across the state are informed about data center impacts, even if it doesn't immediately become law. He also notes two related proposals, HD5404 and SB3213, are moving through the State House, aimed at protecting residential customers from electricity costs and imposing broader environmental and community requirements on large data centers.