SB 439 - AS AMENDED BY THE SENATE
01/29/2026 0176s
2026 SESSION
26-2236
06/09
SENATE BILL 439
AN ACT relative to municipal data center zoning.
SPONSORS: Sen. Altschiller, Dist 24; Rep. Damon, Sull. 8
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill authorizes municipalities to regulate data centers in commercial and industrial zones.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/29/2026 0176s 26-2236
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to municipal data center zoning.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Data Centers. Amend RSA 674 by inserting after section 80 the following new subdivision:
Data Centers
674:81 Definition. In this subdivision, “data center” means a facility used primarily for the storage, processing, management, and transmission of digital data. “Data center” does not include a facility that does not exceed 25 percent of the gross floor area of all on-site buildings, is used to serve the enterprise functions of the on-site property owner, and is not used to lease data services to third parties.
674:82 Zoning Authority to Permit Data Centers.
I. Data centers are allowed within zoning districts designated for commercial or industrial use and subject to the provisions of local land use regulations.
674:83 Rulemaking.
The planning board, with the approval of the local legislative body, may adopt regulations as necessary.
2 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| Jan. 21, 2026 | 2026-0176s |
| Date | Body | Type |
|---|---|---|
| Jan. 13, 2026 | Senate | Hearing |
| Jan. 29, 2026 | Senate | Floor Vote |
Jan. 29, 2026: Ought to Pass with Amendment #2026-0176s, RC 16Y-8N, MA; OT3rdg; 01/29/2026; SJ 2
Jan. 29, 2026: Sen. Perkins Kwoka Floor Amendment # 2026-0352s, AF, VV; 01/29/2026; SJ 2
Jan. 29, 2026: Committee Amendment # 2026-0176s, RC 16Y-8N, AA; 01/29/2026; SJ 2
Jan. 29, 2026: SB 439 was Removed from the Consent Calendar; 01/29/2026; SJ 2
Jan. 21, 2026: Committee Report: Ought to Pass with Amendment # 2026-0176s, 01/29/2026; Vote 5-0; CC; SC 3
Dec. 10, 2025: Hearing: 01/13/2026, Room 122-123, SH, 09:45 am; SC 46
Nov. 21, 2025: Introduced 01/07/2026 and Referred to Election Law and Municipal Affairs; SJ 1