A statewide initiative petition filed with the Massachusetts Election Division seeks to give residents the final say on whether new data centers can be approved in their communities by local permitting agencies.
What the petition would require
The proposal, reported by Ballotpedia, would prevent local permitting bodies from approving data center projects until developers meet a series of electricity- and water-related conditions and win local voter approval. Supporters would need to collect 74,574 signatures to qualify for the ballot if the state attorney general clears the language by Sept. 2, according to Ballotpedia.
- Utility protection contract: Developers must present a contract intended to shield utility customers from higher electric costs tied to the facility.
- Water capacity evidence: Applicants must demonstrate that the facility's water demand fits within the community's existing system capacity.
- Drought-response plan: A plan is required to show how the project would respond during drought conditions.
- Local voter approval: Even if the technical requirements are met, a permit could only move forward if two-thirds of local voters support the project.
Why proponents are pushing for the measure
Backers of the petition point to the rapid growth of data centers and the large amounts of electricity and water such facilities can consume. Those concerns fuel debates over potential impacts on household utility bills, municipal water supplies and stress on infrastructure during droughts. The petition routes decision-making to voters at the local level by adding specific preconditions for permitting and requiring strong voter support to proceed.
State context and recent policy changes
The filing comes after a 2024 legislative move intended to attract data center investment to Massachusetts. That law created a sales and use tax exemption for certain qualifying facilities, with eligibility tied to project size and economic impact. To qualify for the tax break, projects must meet all of the following:
| Requirement | Threshold |
|---|---|
| Minimum construction or refurbishment | $50 million |
| Minimum number of Massachusetts jobs supported | 100 jobs |
| Minimum total building area | 100,000 square feet |
On June 25, Gov. Maura Healey said the state would pause applications for the tax break while officials consider whether to strengthen protections before renewing the incentive.
How this fits with national activity
The Massachusetts filing is not unique nationally. Ballotpedia noted a separate push in Ohio: in March, Conserve Ohio proposed a ballot measure that would bar construction of data centers for digital data processing if their combined power demand exceeded 25 megawatts. That effort signals rising national attention on the electric and water footprint of data infrastructure and growing interest in local and state-level limits.
Next steps and timing
If the attorney general’s office signs off on the petition language by the Sept. 2 deadline, backers could begin gathering signatures. Reaching the required 74,574 valid signatures would put the measure on a future ballot, with supporters aiming for a November 2028 vote, according to the Ballotpedia reporting of the filing process.
Local impact and questions ahead
Municipal officials, utilities and developers will watch the process closely. If the petition makes the ballot and voters approve a statewide measure along these lines, it would shift significant permitting authority to referendum votes at the community level, adding a major new step to local review of data center proposals. That could affect timelines for projects already in planning and influence how companies approach utility and water planning in Massachusetts.
For now, the next procedural milestone is the attorney general’s review. If approved, the signature-gathering period will determine whether the initiative earns a place on the ballot and triggers a statewide debate about how to balance economic development, infrastructure needs and local control over large, resource-intensive facilities.
