Revision: Jan. 30, 2026, 12:22 p.m.
Sen. Perkins Kwoka, Dist 21
January 27, 2026
2026-0352s
04/09
Floor Amendment to SB 439
Amend the title of the bill by replacing it with the following:
AN ACT relative to energy and environmental review requirements for data centers.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Statutory Construction; Data Centers. Amend RSA 21 by inserting after section 55 the following new section:
21:56 Data Centers. "Data center" means a facility use primarily for the storage, processing, management, and transmission of digital data. "Data center" does not include a facility that does not exceed 10 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.
2 New Section; Data Center Review. Amend RSA 162-H by inserting after section 24 the following new section:
162-H:25 Data Center Review Process. Any facility that meets the definition of "data center" under RSA 21:56 shall submit an application to the department of energy for an analysis of potential effects on energy prices and the department of environmental services for an analysis of environmental impacts.
3 Effective Date. This act shall take effect 60 days after its passage.
2026-0352s
AMENDED ANALYSIS
This bill establishes energy and environmental review requirements for data centers.