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The man behind the effort says he knows little about the industry. But he hopes to bring more attention to their growing footprint across Massachusetts.
Jim Fleming has spent years behind the scenes of Massachusetts politics, helping people navigate the nuts and bolts of initiatives and certified signatures.
But data centers weren’t really on his radar.
That changed when plans for data centers in Holyoke and Westfield, two neighboring communities near his West Springfield home, began to raise questions among residents.
Some of those residents eventually called Fleming, 67, for help. His company, JEF Associates, provides certified signatures and ballot-initiative services.
“I hadn’t considered it until I got calls from community members that I know and respect,” Fleming said. “When that’s somebody I should help, and you can, you do.”
Just three weeks after that first call, Fleming, as an activist, personally filed an initiative petition with the state that could eventually put a question on the 2028 ballot before Massachusetts voters about regulating data centers. The proposal is now awaiting review by the attorney general.
What the petition is asking for
The initiative would prevent local permitting agencies from approving a data center until several conditions are met and two-thirds of local voters approve the project.
Those conditions include an agreement with the electric utility to shield customers from higher costs, certification that the project’s water needs can be met, and a drought contingency plan.
The attorney general’s office is expected to decide by Sept. 2 whether the initiative meets the state’s constitutional requirements. If approved, Fleming can begin collecting signatures.
He’ll need about 75,000 signatures by early December to move the measure to the Legislature. Lawmakers can then pass the measure, propose a substitute, or take no action. If they take no action, Fleming will need roughly 12,500 additional signatures to get the question on the 2028 statewide ballot.
Data center debate is heating up across the state
The initiative comes as cities and towns across Massachusetts begin adopting their own rules for data centers, with communities taking different approaches to concerns about electricity, water, noise, and facility size.
Malden imposed a one-year moratorium while it develops new zoning rules. Southborough now requires special permits and limits data centers to 50,000 square feet, while Mansfield capped their electricity use at 2 megawatts, effectively ruling out the massive facilities that can require 100 megawatts or more.
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Everett took a similar approach, limiting data centers in its Docklands Innovation District to 20,000 square feet or 5 megawatts. And Holyoke banned new data centers that use more than 12 megawatts of power.
In Westfield, meanwhile, a $4 billion data center has already been approved. The city has since imposed a one-year moratorium on additional projects amid growing opposition. And in Lowell, residents have filed the state’s first lawsuit challenging a proposed data center.
Despite the growing number of proposals and local regulations, there is no official statewide registry of data centers. However, the nonprofit ComputeCompute.org is tracking more than 30 operational and proposed facilities in Massachusetts.
Legislation in the works
There are also two data center proposals moving through the State House. HD5404 would protect residential customers from absorbing data center-related electricity costs, while amendment SB3213 would impose broader requirements on large data centers, including clean-energy, water, environmental, and community protections.
However, the ballot initiative is a unique way to get the word out, Fleming said.
Even if they don’t get enough signatures, he says that it will bring information to voters across the state.
“We’re letting people know what’s out there a little bit, and that’s the worst-case scenario,” Fleming said. “And how can that be wrong?”
The best-case scenario, he said, is if the Legislature passes a law based on even part of the petition.
“I’d rather have something sooner than later,” Fleming said. “Heck, I’ll stop today when they pass a law that’s significant enough. Less work for me.”
But he’s going to keep going until that happens.
“More transparency is a good thing,” Fleming said.
What’s your take? Respond to the Boston.com poll below, or email [email protected], and we may print your response in an upcoming article.
Do you want to see Mass. regulate data centers?
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