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ARTICLE · 16 SEPTEMBER 2026

Massachusetts Conditions Large Data Center Permits On Community Agreements

Beveridge & Diamond, P.C.
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Massachusetts imposed new requirements on data center projects with peak electricity demand exceeding 25 megawatts by Executive Order 658 on September 8, 2026. State permitting agencies cannot issue permits or authorizations for covered projects unless developers comply with the Healey-Driscoll administration’s June 2026 data center development and operations framework and submit a community benefits agreement (CBA) consistent with the Massachusetts Office of Environmental Justice and Equity (OEJE) March 2026 guidelines for community benefit plans (CBPs) and agreements.

United StatesEnvironment
Brook Detterman
Brook Detterman
Marc Goldstein
Marc Goldstein
Lauren M. Karam
Lauren M. Karam
Lia M. Crutchfield
Lia M. Crutchfield

Key Takeaways

What Happened: Massachusetts imposed new requirements on data center projects with peak electricity demand exceeding 25 megawatts by Executive Order 658 on September 8, 2026. State permitting agencies cannot issue permits or authorizations for covered projects unless developers comply with the Healey-Driscoll administration’s June 2026 data center development and operations framework and submit a community benefits agreement (CBA) consistent with the Massachusetts Office of Environmental Justice and Equity (OEJE) March 2026 guidelines for community benefit plans (CBPs) and agreements. The Executive Order is broad: it applies to qualifying new data centers and expansions of existing facilities, not only projects dedicated to artificial intelligence.

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