Essex County

Moratoriums and bans

1. Oct. 8, 2026 Salem: Ban. The City Council unanimously approved the mayor's zoning amendment defining data centers and making explicit that they are not an allowed use, with an exemption for accessory server rooms; the council dropped a proposed 2 MW threshold and plans a fuller definition later. (The Salem News (via GovTech), Oct. 12, 2026; GBH News, Sept. 16, 2026)

Updates, newest first

1. Oct. 24, 2026 TierPoint Boston - Andover Data Center · TierPoint's Andover page lists more than 92,700 sq ft in total and 21,000 sq ft of raised floor, with colocation, cloud and recovery workspace. (TierPoint, Oct. 24, 2026)
2. Oct. 8, 2026 Prime Group data center (Shetland Park, Salem) · The City Council unanimously approved a zoning change that defines data centers and bars them in the city. (The Salem News (via GovTech), Oct. 12, 2026)
3. Oct. 8, 2026 Salem: Ban · The City Council unanimously approved the mayor's zoning amendment defining data centers and making explicit that they are not an allowed use, with an exemption for accessory server rooms; the council dropped a proposed 2 MW threshold and plans a fuller definition later. (The Salem News (via GovTech), Oct. 12, 2026; GBH News, Sept. 16, 2026)
4. Sept. 16, 2026 Prime Group data center (Shetland Park, Salem) · The Zoning Board of Appeals unanimously upheld the revocation, finding the use was not a business or professional office. (GBH News, Sept. 16, 2026; Boston.com, Sept. 18, 2026)
5. June 29, 2026 Prime Group data center (Shetland Park, Salem) · Revised plans filed June 29 grew the project to 12,690 square feet with 6 MW of generators and chilled-water tanks; the building commissioner then revoked the permit. (Boston.com, Sept. 18, 2026; GBH News, Sept. 16, 2026)
6. May 18, 2026 Prime Group data center (Shetland Park, Salem) · Salem issued a permit for an 8,691 square foot interior fit-out with a 1 MW generator. (Boston.com, Sept. 18, 2026)

Statewide

Sales tax exemption: the Mass Leads Act (H.5100, Chapter 238 of the Acts of 2024, signed Nov. 20, 2024; sections 47 and 214) created a 20-year sales and use tax exemption for certified 'qualified data centers' (G.L. c. 64H, s. 6(zz); c. 23A, s. 70; rules at 400 CMR 9.00) covering equipment, software, electricity and construction, for sites of at least 100,000 square feet, $50 million of investment and 100 jobs. An earlier attempt, a 2022 House amendment aimed at the Westfield project, died when that year's economic development bill stalled. (Massachusetts Legislature, Nov. 20, 2024; Mass.gov (Governor's Office), Nov. 20, 2024; Mass.gov (Executive Office of Economic Development), Oct. 24, 2026; Mass.gov (Executive Office of Economic Development), Oct. 24, 2026; Morgan, Lewis & Bockius, Jan. 7, 2025; The Reminder, Aug. 11, 2022) On June 25, 2026, the Healey administration stopped taking applications for the data center exemption, about a month after it opened, and issued a 'statement of expectations' asking data centers to bring their own clean energy, not raise other ratepayers' costs, limit water use and diesel backup, and sign community benefits agreements. (Mass.gov (Governor's Office, EEA, EOED), June 25, 2026; Mass.gov (Executive Office of Economic Development), Oct. 24, 2026) Executive Order No. 658 (Sept. 8, 2026) bars state agencies from permitting new or expanded data centers over 25 MW of peak demand unless they conform to the June 2026 framework and present a community benefits agreement that the Office of Environmental Justice and Equity accepts; it bans state nondisclosure agreements with data centers and sets up a Ratepayer Protection Fund, with MassDEP to set an alternative compliance payment by Dec. 31, 2026. It covers data centers built or expanded after it was signed. (Pierce Atwood LLP, Sept. 10, 2026; WBUR (State House News Service), Sept. 8, 2026) Large loads: no approved data center or large-load tariff was found. In D.P.U. 26-DC (Sept. 24, 2026), the DPU ordered Eversource (NSTAR Electric), National Grid and Unitil to file by Oct. 23, 2026, lists of all queued loads over 25 MW and data centers over 1 MW, plus plans to weed out speculative requests and to have data centers bring clean energy for 100 percent of their demand. (Massachusetts Department of Public Utilities, Sept. 24, 2026) Energy affordability bill (H.5175 / S.3166, 2025-2026 session): the House version (passed 128-27, Feb. 26, 2026) would require data centers of 20 MW or more to buy at least 80 percent renewable power and make utilities file a data-center tariff for DPU approval; the Senate version (passed 32-8, July 1, 2026) adopted Sen. Vanna Howard's amendment #162, which applies guardrails only to data centers using the tax exemption, and rejected broader amendments, including Sen. John Velis's. The bill has been in conference committee since July 16, 2026, and has not been enacted. (Massachusetts Legislature, July 16, 2026; Metropolitan Area Planning Council, March 5, 2026; InsideLowell, March 2, 2026; Sierra Club Massachusetts, July 7, 2026; Daily Hampshire Gazette (republished by Sen. John Velis), July 7, 2026; Union of Concerned Scientists, Sept. 8, 2026) S.3213 (July 23, 2026) is a Howard amendment to the Senate's economic development bill that would set statewide rules for data centers of 20 MW or more: 100 percent new clean power, phased-out fossil backup, MassDEP water and noise certification, yearly energy and water disclosure starting Dec. 1, 2026, labor and community benefit agreements, and data center tariffs within 90 days, with loss of the tax exemption for any facility that does not comply. What became of it was not found. (Massachusetts Legislature, July 23, 2026) The 2024 climate law (S.2967, signed Nov. 20, 2024) merges permits for clean energy generation of 25 MW or more into one Energy Facilities Siting Board permit and creates the Office of Environmental Justice and Equity. It does not mention data centers, but the 2026 executive order relies on that office's community benefits standards. (Barclay Damon LLP, Nov. 26, 2024; Pierce Atwood LLP, Sept. 10, 2026) A citizen initiative filed for the November 2028 ballot, reported Aug. 13, 2026, would let local boards permit a data center only after two-thirds of local voters approve it and after it secures a utility contract shielding other ratepayers from its costs and a water-supply certification; the Attorney General's decision on whether it qualifies was due by Sept. 2, 2026, and the outcome was not found. (Ballotpedia News, Aug. 13, 2026) Massachusetts data centers →