Data centers in Massachusetts

📜 State laws

Governor's order 658: no state permits for big data centers without local approval · Sept 8, 2026
Governor Healey signed Executive Order 658 on September 8, 2026. It covers new or expanded data centers that need more than 25 megawatts of power at peak. State agencies (MassDEP, the Energy Facilities Siting Board and the MEPA office) may not give such a project its permits unless it has a community benefits agreement with the host community and follows the state's data center framework. The state Office of Environmental Justice and Equity (OEJE) reviews the agreement and decides if it meets the standard. Projects must buy enough new clean power to match what they use each year, or pay into a new Ratepayer Protection Fund that goes back to electric customers. MassDEP must set up that payment by December 31, 2026, and the state must publish guidance for cities and towns by the same date. State agencies may not sign secret deals (NDAs) with data centers. Projects tied to colleges, hospitals or state programs can be exempted. The governor said: 'Unless a community says yes to a data center, we're saying no.' Source

State data center framework (June 2026): bring your own clean power · June 26, 2026
In June 2026 the Healey administration published a framework for data centers. New data centers are expected to 'bring their own clean energy' (on site or delivered into the New England grid), pay the full cost of their power lines and grid upgrades instead of shifting costs to other customers, protect water, and sign community benefits agreements. The framework is not a law by itself; Executive Order 658 (September 2026) made state permits depend on it for projects over 25 megawatts. It does not ban diesel or other fossil fuel backup generators. Source

Energy affordability bill (H.5175 / S.3166): data center rules stuck in conference · July 16, 2026
The House passed its energy affordability bill on February 26, 2026 (128-27). Its data center section (Reps. Elliott and Hong) would make data centers of 20 megawatts or more buy at least 80% renewable power, prove that batteries won't work before getting permits for fossil fuel backup generators, and make Eversource, National Grid and Unitil file a special data center electric rate with the DPU. The Senate passed its own version on July 1, 2026 (32-8). It would tie the data center tax break to rules on clean energy, water, air, labor, community benefits and public reporting. The two chambers disagreed, and a conference committee was named on July 16, 2026. As of October 8, 2026, no final bill has passed. Source

Economic development bill (H.5576): Senate data center moratorium dropped · July 30, 2026
During the Senate debate on the economic development bill in July 2026, Sen. Michael Moore proposed a one-year pause on new data centers statewide. Thirteen senators signed on, but he withdrew it when Senate leaders said they did not support it. Sen. Vanna Howard filed amendment 193 with strict data center rules (100% new clean power, plans to replace fossil backup generators by 2040, MassDEP water certification with homes put first, yearly reports of power and water use). The Senate passed the bill on July 24, 2026; it went to a House-Senate conference committee on July 30, 2026. We could not confirm whether amendment 193 is in the Senate's final text. Source

Proposed 2028 ballot question: local voters must approve data centers · Aug 13, 2026
A Massachusetts resident filed a ballot question for November 2028. It would stop local boards from giving a data center permits until the project has a contract that shields other electric customers from its costs, proof that the water system can handle it, and a drought plan, and until two-thirds of local voters approve it. The Attorney General was due to decide by September 2, 2026 whether it can go forward. If allowed, backers need 74,574 voter signatures. Source

💡 Who pays for the power

DPU told utilities to screen big data center requests and build data center rates · Sept 2026
Under Executive Order 658, the Department of Public Utilities (DPU) sent a directive to Eversource, National Grid and Unitil in September 2026. Utilities must use fees, deposits or other rules to remove speculative data center requests over 25 megawatts from their waiting lists, so homes, businesses and solar projects are not pushed back. The DPU is also working on special electric rates for very large users so other customers do not pay for grid upgrades built for data centers. As of October 8, 2026 we found no open DPU case (docket) for a data center rate. Source

Ratepayer Protection Fund · Sept 8, 2026
Data centers over 25 megawatts that do not bring enough new clean power must pay into a Ratepayer Protection Fund. The money goes back to electric customers. MassDEP must set the payment rules by December 31, 2026. The amount is not set yet. Source

Electric supply rates went up August 1, 2026 · Aug 1, 2026
On August 1, 2026 the utilities reset their six-month 'basic service' supply prices. Projected bill increases for basic service customers: Eversource East about 4.75%, Eversource West about 6.68%, National Grid about 3.08%, Unitil about 5.88%. These increases come from wholesale power prices, not from any one data center. Source

💵 Tax breaks

20-year sales tax break for big data centers (paused) · June 26, 2026
A 2024 economic development law (Chapter 238 of the Acts of 2024, the 'Mass Leads Act') created a 20-year sales and use tax break for 'qualified data centers'. To qualify, a data center must have at least 100,000 square feet, spend at least $50 million within 10 years, and keep at least 100 jobs in Massachusetts. The break covers equipment, software, the electricity it uses, and construction costs. The state economic development office certifies projects. Final rules took effect in May 2026, but on June 25-26, 2026 Governor Healey stopped taking applications 'until further notice', until protections against higher gas and electric bills are in place. The state said it had received no applications. Source

🤐 Secret deals and public records

Public records law: how to ask for records · 2026
Anyone can ask a state agency, city or town for public records in writing (email is fine). Send it to the agency's records access officer. They must give the records, or answer in writing, within 10 business days. Towns can take up to 25 business days in total if they explain why. Paper copies cost at most 5 cents a page. Towns can charge for staff time only after the first 2 hours (state agencies after 4 hours). If you are refused, you can appeal to the Supervisor of Records (Secretary of the Commonwealth) within 90 days, for free, or go to Superior Court. Source

What companies can keep secret · 2026
Business secrets and financial information can be withheld only if the company gave them voluntarily, to help make policy, under a promise of confidentiality. This does not apply to information a company must hand in by law or to get a government contract or permit. Source

State agencies may not sign data center secret deals (NDAs) · Sept 8, 2026
Executive Order 658 (September 8, 2026) bans state agencies from signing secret deals (NDAs) with data center projects. It does not cover city or town officials; we found no state rule that bans local NDAs. Source

💧 Water

MassDEP permits big water withdrawals (over 100,000 gallons a day) · 2026
Under the Water Management Act, anyone who wants to pump more than 100,000 gallons a day from a well, river or lake must first get a permit from MassDEP. This includes building something that will need such a withdrawal. Executive Order 658 also tells MassDEP to set rules for data center water use and water quality. Source

🌫️ Air and generators

MassDEP air permits for diesel backup generators · Aug 10, 2026
MassDEP gives the air permits for data center diesel backup generators. Residents can appeal. In Lowell, MassDEP approved a plan for 8 more generators at the Markley data center (27 generators and 16 cooling towers in total). Residents appealed, then sued in Middlesex Superior Court. On August 10, 2026 a judge paused the 4 generators not yet installed. Neither the state framework nor the Senate bill bans diesel backup generators. Source

Energy Facilities Siting Board: power plants and big power lines · 2026
A power plant of 25 megawatts or more, and big power lines and gas pipelines, need approval from the Energy Facilities Siting Board (EFSB). No state agency may give a construction permit before that. Under Executive Order 658 the EFSB also may not approve permits for a data center over 25 megawatts without a community benefits agreement. Source

🙋 How to have your say

Who decides a data center near you · 2026
Massachusetts has no county zoning. Every city and town makes its own zoning rules. In a town, Town Meeting votes on zoning changes and moratoria; the Planning Board holds the hearing first. The state Attorney General must approve a town's new bylaw before it takes effect (or 90 days pass). In a city, the City Council votes after a Planning Board hearing. Most zoning changes need a two-thirds vote. Special permits and site plans go to the Planning Board or Zoning Board of Appeals. Since September 2026, a data center over 25 megawatts also needs a community benefits agreement with the city or town before it can get state permits. Source

Zoning hearings: notice and how to speak · 2026
Before a zoning change, the Planning Board (and in cities the City Council) must hold a public hearing. Notice must run in a local newspaper two weeks in a row, the first at least 14 days before the hearing, and be posted at city or town hall. Anyone can speak. Source

Appeal deadline: 20 days · 2026
If you are harmed by a Zoning Board of Appeals or special permit decision, you can appeal to Land Court or Superior Court (or Housing Court or District Court in some areas). You must file within 20 days after the decision is filed with the city or town clerk, and give the clerk notice in the same 20 days. Courts are strict: one day late ends the case. A claim that a town bylaw was adopted the wrong way must be made within 90 days after it is posted. Source

Ask for records (including secret deals) · 2026
Write to the city or town's records access officer by email. Ask for the data center's permit files, emails, any secret deal (NDA) and any community benefits agreement. They must answer in 10 business days. Anyone can ask. If refused, appeal to the Supervisor of Records within 90 days. Source

Comment at the Department of Public Utilities (DPU) · 2026
Find the case (docket) number in the DPU File Room. Email your comment as a PDF to dpu.efiling@mass.gov and to the hearing officer named in the notice. In the email write the docket number, your name, and a short title like 'Written comment'. Comments are posted online as sent, so leave out private details. You can also mail a paper copy to the DPU Secretary, One South Station, Boston, MA 02110. Source

Watch state environmental review (MEPA) · 2026
Big projects that need state permits are listed in the MEPA Environmental Monitor. Watch it for data center filings and comment by the deadline listed for each project. Source

Community benefits agreements · Sept 8, 2026
Under Executive Order 658, a data center over 25 megawatts must reach a community benefits agreement with the host community before state permits. The developer must first talk with the state Office of Environmental Justice and Equity to show 'meaningful engagement' with residents. Ask your city or town who is negotiating and when the public can weigh in. Source

🧾 Help with your bills

Home Energy Assistance (fuel assistance / LIHEAP) · Oct 2026
Helps pay heating bills from November 1, 2026 to April 30, 2027. You may qualify if your household's yearly income before taxes is at or below 60% of state median income, for example $53,585 for 1 person or $103,049 for 4 (2026-2027 limits). Homeowners and renters can apply. Apply online at toapply.org/MassLIHEAP or through your local fuel assistance agency. Source

Utility discount rate · Oct 2, 2026
Households at or below 60% of state median income can get a discount on electric and gas bills. National Grid uses five levels, from 32% to 71% off, based on income (since 2025). Eversource and Unitil filed their own tiered discounts with the DPU on October 2, 2026 (D.P.U. 26-131 and 26-134). Source

📞 Who to contact

Department of Public Utilities (DPU) · 2026
Sets electric and gas rates for Eversource, National Grid and Unitil. Working on data center rates and screening rules under Executive Order 658. Takes public comments in each case. Source

Energy Facilities Siting Board (EFSB) · 2026
Approves power plants of 25 megawatts or more, big power lines and gas pipelines. Its cases are in the DPU File Room. Source

Massachusetts Department of Environmental Protection (MassDEP) · 2026
Air permits for generators, water withdrawal permits, and the new data center clean power payment and water rules. Source

MEPA Office (Executive Office of Energy and Environmental Affairs) · 2026
Environmental review of large projects. Posts new filings and comment deadlines in the Environmental Monitor. Source

Office of Environmental Justice and Equity (OEJE) · 2026
Reviews data center community benefits agreements under Executive Order 658 and decides if they meet the state standard. Source

Executive Office of Economic Development (EOED) · 2026
Certifies data centers for the sales tax break (paused since June 2026). Helps write the municipal data center guidance due December 31, 2026. Source

Supervisor of Records (Secretary of the Commonwealth) · 2026
Hears free appeals when a city, town or agency refuses public records. Source

Attorney General, Municipal Law Unit · 2026
Must approve new town zoning bylaws, including data center moratoria and bans, before they take effect. Source

Massachusetts Legislature · 2026
Find your state representative and senator and follow data center bills (H.5175 energy bill, H.5576 economic development bill). Source

ISO New England · 2026
Runs the regional power grid. Its interconnection queue lists new power plants and big new loads asking to connect. Source