Healey Gives Municipalities Say on Data Centers, Pittsfield Eyes Moratorium
PITTSFIELD, Mass.— Last week, Governor Maura Healey signed an executive order that gives municipalities the power to say 'no' to data centers.
Pittsfield is drafting a moratorium that bans the facilities until more research can be done. Holyoke became the first in Massachusetts to ban new data centers in July.
Healey, during a press conference at the State House on Tuesday, Sept. 8, announced that if a data center proposal doesn't have local approval, state permitting agencies will not advance it.
"Unless a community says yes to a data center, we are saying no," she said. "We're giving communities a voice and laying out the rules for what needs to happen in Massachusetts. I'm also making sure these data centers use clean energy, and that we protect people from higher energy costs – including by returning money directly back to ratepayers."
The city's Community Development Board has agreed to go forward with a data center moratorium. City Planner Kevin Rayner told the board in July that he has been working with the city solicitor on a proposed document, which said Pittsfield could allow a data center if it is proven self-sufficient with its own power source.
Rayner is skeptical of the facilities' power and water usage, as well as heat generation.
"In my opinion, the smart way to go is just to put a wall, moratorium, up and think about it," he said during the board's meeting on July 7. "We can always take the wall down."
Board member Gary Levante agreed.
"I think that's the right approach right now, and it doesn't mean we can't craft an ordinance or craft something in the future that you know permits the appropriate siting and usage of it with the appropriate protections for the city and our residents," he replied.
Ward 1 Councilor Kenneth Warren had petitioned to explore implementing a moratorium on the establishment and siting of data centers. In his request, he wrote that "This is one of those uses that the public would best be served by careful oversight of the City. A moratorium would allow the city to prevent any businesses from taking advantage of the lack of any zoning regulations."
Healey's Tuesday order titled "Establishing Requirements for Responsible Data Center Development and Operations in Massachusetts to Protect and Support Ratepayers, Communities, and the Environment" aims to give residents a voice and protect them against irresponsible data center development and higher energy bills.
It directs the state's permitting agencies to require proposed data center projects with peak electricity demand exceeding 25 megawatts to demonstrate compliance with the governor's framework before granting permits, and it outlines protections for ratepayers from data center energy use.
The Data Center Framework, released in June, includes bringing their own clean energy supply, protecting water resources, and being transparent with surrounding communities.
Healey also called for a Ratepayer Protection Fund. If data centers fail to meet their energy needs with clean energy and pay for the necessary infrastructure, and if electricity costs are not fully covered by the company, the company would be required to pay into the fund so that money can be returned to ratepayers.
Energy and Environmental Affairs Secretary Rebecca Tepper said that data centers can afford to pay for their own clean energy and infrastructure, "and we're going to make sure they do."
"A data center should invest in Massachusetts – bringing new clean energy and paying for the infrastructure to get it there. And if not, they need to be accountable to ratepayers. We've seen ratepayers in other states foot the bill for data centers. That won't be acceptable in Massachusetts."
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