Bill would forbid NH towns from enacting regulations specific to data centers

The New Hampshire House Committee on Municipal and County Government has voted along party lines to recommend an amended version of Senate Bill 439, a controversial piece of legislation concerning data center development. The bill, initially introduced by Sen. Debra Altschiller (Stratham Democrat) to establish statewide requirements like setbacks and noise limits for data centers, has been significantly altered. The newly amended version, backed by the committee's Republican majority including Rep. Diane Pauer (Brookline Republican) and Rep. Keith Ammon (New Boston Republican), would prevent New Hampshire towns from imposing regulations on data centers that are "more restrictive" than those for other uses in the same district. It also mandates that data centers be a permitted land use "by right" in commercially or industrially zoned areas. Proponents argue that data centers should not be treated differently than other enterprises. However, Democrats on the committee, including Rep. Laurel Stavis (Lebanon Democrat), Rep. Jim Maggiore (North Hampton Democrat), Rep. Eleana Colby (Bow Democrat), and Rep. David Fracht (Enfield Democrat), strongly opposed the amendment, calling it "negligent" and "irresponsible." They voiced significant concerns that data centers present unique problems such as high electricity and water consumption, heat production, noise pollution, and other environmental impacts that necessitate specific, tailored regulations. They also worried the bill could lead to data centers being sited near housing due to other zoning exemptions. The committee ultimately approved the amended bill by an 11-9 vote, sending it to the full House for debate in the coming weeks.