What happened
- On September 9, Massachusetts Governor Maura Healey published a statement of expectations for data center development in the state.
- It asks each project to bring or fund enough clean generation to cover 100% of its demand, preferably on the same site, and to pay for the grid connection and infrastructure without passing that cost on to other consumers.
- It asks projects to disclose their location, electricity demand, water consumption and source, and the hazardous substances they store. It recommends that public bodies and municipalities not sign confidentiality agreements with developers.
- The framework makes the sales tax exemption for data centers conditional. The government paused new applications for that exemption, according to TechCrunch, which puts the threshold at projects above 25 MW of peak demand.
- The document acknowledges that in some areas the Executive needs more legal powers to require it.
Why it matters
- Chile operates about 386 MW in data centers and adds up more than $7.5 billion in investment committed by Amazon, Microsoft and Google, according to figures presented at Transworld Connect 2026 and reported by CNN Chile. The 2024-2030 National Data Center Plan aims to triple the industry.
- That plan’s environmental commitment with the industry is a Clean Production Agreement, a voluntary accord. Massachusetts uses the same tool as the countries competing for investment, the tax break, but grants it in exchange for its own clean energy and public data.
- The clause against confidentiality agreements targets a concrete problem: communities negotiating with a project without knowing how much water or energy it will consume. Something similar is happening in Chile in Quilicura and Cerrillos: we covered it in our special report How much water does AI use? (in Spanish).
The number
100%. That’s the share of electricity demand the framework asks to be covered with clean energy. The state’s general standard requires 40% by 2030, according to TechCrunch.
Context
According to TechCrunch, Massachusetts is the third state in three months to tighten the rules. In July, New York halted construction of new data centers of 50 MW or more, and in August Texas announced audits of its electricity regulator and grid operator. The spending behind that expansion also shows up on balance sheets: the 4 big tech companies booked $160 billion in paper gains from AI.
What’s next
- The state offices of Economic Development and of Energy and Environment will prepare guidance for municipalities, with no date.
- State agencies will review their regulations to align them with the framework. Where powers are lacking, legislation will be required.
- No timelines announced for reopening exemption applications.
Bottom line
In Chile, the government proposes replacing risk categories with voluntary certifications in the AI bill. Massachusetts, which also wants data centers, decided to charge for its benefit in clean energy.
This note describes foreign regulation and does not constitute legal advice.
Sources
- Healey-Driscoll Administration Statement of Expectations for Responsible Data Center Development and Operations in Massachusetts — Government of Massachusetts, September 9, 2026
- Massachusetts hits data centers with new clean power rules — TechCrunch, September 9, 2026
- Chile suma más de US$ 7.500 millones en inversiones comprometidas en data centers — CNN Chile, September 9, 2026
- Chile: Implementation of the National Data Center Plan (2024-2030) — DLA Piper, May 2025
Edited by Rodrigo Cornejo. How we select and verify the facts, in who writes.
