Bill Text - SB510 (2026)

Ensuring state-operated, publicly accessible spaces have designated smoking areas undetectable to visitors.


Revision: Nov. 21, 2025, 3:44 p.m.

SB 510  - AS INTRODUCED

 

 

2026 SESSION

26-2106

06/07

 

SENATE BILL 510

 

AN ACT ensuring state-operated, publicly accessible spaces have designated smoking areas undetectable to visitors.

 

SPONSORS: Sen. Murphy, Dist 16; Sen. Pearl, Dist 17; Sen. McGough, Dist 11; Sen. Birdsell, Dist 19

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill requires that any designated smoking area on publicly-owned or publicly-operated property accessible to the public is constructed or maintained so that cigarette smoke is not detectable by sight or smell in any public or common area.  It exempts properties or areas under state control that are not accessible to the visiting public.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-2106

06/07

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT ensuring state-operated, publicly accessible spaces have designated smoking areas undetectable to visitors.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Indoor Smoking Act; Smoking Prohibited.  Amend RSA 155:66 by inserting after paragraph II the following new paragraph:  

II-a.  Any publicly-owned or publicly-operated property accessible to the public shall provide, if smoking is not entirely prohibited on the premises, a designated smoking area that is constructed or maintained so that smoke is not detectable in any public or common area.  This provision shall not apply to publicly-owned property or areas under state control that are not accessible to the visiting public.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

26-2106

10/21/25

 

SB - FISCAL NOTE

AS INTRODUCED

 

AN ACT ensuring state-operated, publicly accessible spaces have designated smoking areas undetectable to visitors.

 

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

$260,000+

Indeterminable Increase

Funding Source(s)

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source(s)

None

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

METHODOLOGY:

This bill requires publicly-owned or operated properties open to the public must provide a hidden, smoke-contained smoking area if smoking is allowed.  This bill does not apply to areas under state control or public properties not open to visitors.

 

The Department of Administrative Services states that building an enclosure for this purpose is estimated to cost $2,600 per enclosure and uses 100 buildings for the estimate of $260,000 plus indeterminable costs for annual maintenance, cleaning, trash removal, and painting.  This estimate is based off of the cost of $65 per linear foot for foundation/support fence (10'x10' enclosure = 40 linear feet, 40 linear feet x $65 = $2,600, 100 buildings x $2,600 = $260,000). Assuming 5% inflation per year for construction these costs would rise over the years if the 100 structures were not built in one fiscal year.

 

Additionally, the Department states that building a structure where smoke remains undetectable is challenging, as each property has unique characteristics and factors like wind direction and speed which are unpredictable.

 

It is assumed that any fiscal impact would occur after FY 2026.

 

AGENCIES CONTACTED:

Department of Administrative Services