Gov. Maura Healey signs executive order requiring local approval for data center development
Massachusetts Gov. Maura Healey signed an executive order mandating local approval and adherence to a new Data Center Framework for all data center developments statewide. This framework requires clean energy, water protection, and bans non-disclosure agreements with state agencies. Concurrently, New Bedford Mayor Jon Mitchell has proposed a city-wide ban on data center development.
Massachusetts Governor Maura Healey signed an executive order requiring data center developers to obtain local approval and agree to a community benefits agreement before proceeding with state permitting. The order, effective immediately, also establishes a new Data Center Framework outlining expectations for developers, including bringing their own clean energy supply, protecting local water resources, and ensuring transparent communication with communities. Developers failing to provide their own clean energy will face a fee, which the administration states will be returned to ratepayers. Additionally, the order prohibits state agencies from using non-disclosure agreements with developers during the permitting process.
Governor Healey emphasized that the order gives communities a decisive voice, stating, "Unless a community says yes to a data center, we are saying no." She highlighted concerns across the state regarding potential impacts on resources, the environment, and energy costs, amidst increasing demand for data centers driven by cloud computing and artificial intelligence.
In response to growing local concerns, New Bedford Mayor Jon Mitchell announced a proposal for a complete ban on data center development within the city. Mitchell cited significant demands on electrical and water infrastructure, noise pollution, land consumption, and other negative impacts as reasons for the proposed prohibition, which is scheduled for a City Council vote. The Massachusetts Fiscal Alliance criticized Healey's executive order, accusing her of political opportunism by prioritizing local approval for data centers while allegedly diminishing local authority on solar and battery energy storage projects.