Amendment ID: S3143-2
Amendment 2
Data Center Moratorium and Coordination Council
Mr. Moore moves that the proposed new text be amended by inserting after section __ the following sections:-
SECTION XX. Notwithstanding any general or special law to the contrary, prior to November 1, 2027, a municipality, a quasi-independent state entity or any state agency shall not accept an application for or issue a permit, certificate or other approval for the development, construction or operation of a data center with a load of 20 megawatts or more. For the purposes of this section, "data center" means any facility in the commonwealth, which may be a freestanding structure or a facility within a larger structure, that primarily contains electronic equipment used to process, store and transmit digital information that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment.
SECTION YY. (a) The Department of Energy Resources shall convene a Massachusetts Data Center Coordination Council to provide strategic input, facilitate coordinated state planning considerations and evaluate policy tools to address data center opportunities and related benefits and risks to the commonwealth. For the purposes of this section, "data center" means any facility in the commonwealth, which may be a freestanding structure or a facility within a larger structure, that primarily contains electronic equipment used to process, store and transmit digital information that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment.
(b) The Commissioner of the Department of Energy Resources or the commissioner's designee shall serve as chair of the council. The council shall include the following additional members:
(1) The director of the Governor's office of community affairs or the director's designee;
(2) The secretary of the executive office of economic development or the secretary’s designee;
(3) The rate payer advocate in the Attorney General’s office of ratepayer advocacy, or the rate payer advocate’s designee;
(4) The chair of the Department of Public Utilities or the chair's designee;
(5) The director of the Massachusetts Broadband Institute or the director’s designee;
(6) The Commissioner of the Department of Environmental Protection or the commissioner's designee;
(7) A member appointed by the Massachusetts Municipal Association;
(8) One representative from an investor-owned transmission and distribution utility in the commonwealth and one representative of municipally owned utilities in the commonwealth appointed by the governor;
(9) One representative of an environmental advocacy organization appointed by the governor;
(10) One representative of a labor organization appointed by the governor; and
(11) One member of the public who is a resident of a city or town that is a host community for a data center appointed by the governor.
The Commissioner of Energy Resources or the commissioner's designee may invite additional agency representatives, experts or stakeholders to provide comment or provide assistance to the council as the commissioner determines appropriate to address technical, economic, community, and environmental factors of data center development.
(c) The council shall evaluate issues related to data centers located or proposed to be located in the commonwealth, with the goals of protecting ratepayers, maintaining electric grid reliability, minimizing environmental and community impacts and enabling responsible and appropriately sited economic development. In conducting its evaluation, the council shall consider the commonwealth’s policy goals related to renewable energy, greenhouse gas reduction objectives, goals for broadband service, and the state economic development strategy. In carrying out its work, the council shall:
(1) Review and consider legislation or regulations related to data centers that have been considered or adopted in other states;
(2) Evaluate projections of electric load growth, infrastructure needs and system reliability and resource adequacy impacts associated with data centers in the commonwealth and the ISO-New England region;
(3) Identify strategies to protect ratepayers from rate inflation or negative financial effects resulting from data centers, including, but not limited to, cost allocation approaches, rate design changes, impact fees, efficiency standards, energy supply obligations and demand response and load flexibility during periods of high demand or grid emergencies;
(4) Review applicability of existing state programs and financial tools to data centers;
(5) Assess potential community, environmental and natural resource impacts, including, but not limited to, water use, emissions, land use, noise, vibrations, light and other impacts on host communities, and identify strategies to minimize adverse impacts;
(6) Consider data-sharing requirements and processes for proposed data centers, including use of nondisclosure agreements and identify information essential to grid operators, electric utilities, state agencies and policy makers regarding electric load, peak demand, water use and other operational characteristics necessary to inform state and local planning;
(7) Offer guidance to assist municipalities in assessing potential data center impacts and benefits, including the use of community benefit agreements; and
(8) Develop recommendations to clarify roles, responsibilities, information-sharing practices and timelines among state agencies, utilities, municipalities and other governmental entities to support coordinated, timely and well-informed responses to data center development inquiries.
(d) The council shall hold at least 5 meetings in geographically diverse locations. The council shall provide an opportunity for public comment on the council's draft findings prior to submitting the final report described in subsection (e).
(e) Not later than October 1, 2027, the council shall submit a final report with the findings of its evaluation and any recommendations, including any proposed legislation, to the Governor and the chairs of the joint committee on Telecommunications, Utilities and Energy and the clerks of the house of representatives and senate.
SECTION__. Section XX shall be effective upon passage.