Revision: Jan. 21, 2026, 8:18 a.m.
Senate Election Law and Municipal Affairs
January 21, 2026
2026-0176s
04/09
Amendment to SB 439
Amend the bill by replacing all after the enacting clause with the following:
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.