05/15/2026
OP-ED: Once again, our city politicians are wasting time and resources to solve a problem that does not exist.
by Bruce Friedman
Instead of focusing on how the City of Malden (Official) can generate revenue, attract businesses, increase the commercial tax base, Ari for Malden decides its a good time to expend precious resources on something which has zero impetus, zero relevance, and zero usefulness, a moratorium on “Data centers” in Malden.
First, Malden has recently suffered a court determination that Section 12.12.190 is unlawful in its entirety as codified by the city council in the Benevolent Botanicals case. This case should remind the council that restricting permits, zoning and other commercial interests has real consequences if not done properly and an outright ban could be very difficult to support legally.
Second, what is a “data center” meant by the language of the moratorium?
The federal government defines “data center” in 42 USC§17112(a)(1). The term "data center" means any facility that primarily contains electronic equipment used to process, store, and transmit digital information, which may be- (A) a free-standing structure; or (B) a facility within a larger structure, that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment. This definition means that a closet in a building that has a CRAC or even HVAC equipment to control the temperature of the closet that has computers, storage, and/or networking equipment in it is a “data center”. We already have these in Malden.
Massachusetts adds definition for the purposes of economic development of “Qualified Data Centers” under (M.G.L. c. 23A, § 70 and M.G.L. c. 64H, § 6(zz)) where Massachusetts as a state is providing economic incentives for “data centers” to be built in Massachusetts, unlike Malden, where they add the following qualifications; Physical Infrastructure: The facility must house information technology equipment (servers, routers) and possess uninterruptible power supplies (UPS), generator backup power, and sophisticated fire suppression systems. Enhanced Security: The legal definition mandates restricted access, permanent security guards, video surveillance, and electronic entry systems (biometrics, passcodes, or keycards).Scale Thresholds: It must comprise at least 100,000 square feet of space on a single or contiguous parcel. Economic Thresholds: The operator must invest at least $50 million in qualified costs within 10 years and maintain at least 100 jobs within the Commonwealth.
If this is what is meant in the moratorium, a minimum of 2.3 contiguous acres of land would be required, how many industrial parcels of land this size or larger exist in Malden?
If Microsoft or Google or Amazon.com decided for some reason that Malden is where they wanted to build a new “data center” as described and contemplated by the state of Massachusetts above, do we want this council, with its current legal staff to attempt a ban and fight such an action? I am guessing that the citizens and taxpayers of the city would be deeply divided about this opportunity, yet again, the city council speaks, takes action and decides what’s best for all of us, regardless of the cost and regardless of the risk.
The views, thoughts, and opinions expressed are those of the author and do not necessarily reflect the official policy or position of OpenCommonwealth.org
City Councillor Ryan O'Malley City Councillor Carey McDonald Ward 3 Councillor Amanda Linehan City of Malden (Official) Peg Crowe for Ward 1 City Council KCH for Malden Mayor