On September 8, 2026, Massachusetts Governor Maura Healey signed Executive Order No. 658, Establishing Requirements for Responsible Data Center Development and Operations in Massachusetts to Protect and Support Ratepayers, Communities, and the Environment (the “Order”) and announced the Order at a press conference. Building on the administration’s June 25, 2026 Statement of Expectations for Responsible Data Center Development and Operations in Massachusetts (the “Framework”), the Order directs state permitting agencies to withhold permits for large data centers unless applicants can meet certain requirements. The Order took effect on signing.
Covered Projects
The Order applies to “data centers” as defined in 400 CMR 9.00, that are constructed or expanded after the Order’s adoption and that either exceed 25 megawatts (MW) of peak electric demand, or, in the case of an expansion, add more than 25 MW of peak electric demand. At her press conference, Governor Healey stated that the Order will apply prospectively only. The practical implications of that limitation, however, remain unclear…