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Lawmakers probe whether data centers escape Act 250 oversight as committee considers H.0727
Summary
Committee discussion of H.0727 focused on whether data centers would trigger Act 250, the PUC CPG process, or neither; witnesses warned a 'gap' could leave mid‑sized facilities subject only to local review and proposed options including a targeted jurisdictional trigger, delayed contract issuance, or site‑specific limitations.
The House Energy and Digital Infrastructure Committee spent extensive testimony on Feb. 24 probing how H.0727 — a bill addressing data‑center siting — would interact with existing state review processes and whether mid‑sized facilities could fall into an unreviewed "gap." Witnesses and Land Use Review Board staff said that, under current law, jurisdiction primarily depends on parcel acreage, water use, and whether the developer seeks a Public Utility Commission certificate of public good (CPG).
Pete Gill, executive director of the Land Use Review Board, told the committee that Act 250 jurisdiction typically hinges on whether a project qualifies as "development" and on parcel acreage: in towns without zoning or subdivision bylaws Act 250 can be triggered at a 1‑acre threshold, while in towns with…
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