Bipartisan opposition to data center regulation grows

The New Hampshire House Committee on Municipal and County Government recently advanced an amended version of Senate Bill 439, a controversial piece of legislation aimed at regulating data center development statewide. The committee's Republican majority voted 11-9 to recommend the bill, which would define data centers as a permitted "by right" land use in commercial and industrial zones. This amendment, authored by Rep. Diane Pauer, R-Brookline, and Rep. Keith Ammon, R-New Boston, would also prevent towns from enacting regulations "more restrictive" than those for other enterprises in the same district. The original Senate Bill 439, sponsored by Sen. Debra Altschiller, D-Stratham, sought to establish statewide requirements, including setbacks, noise pollution limits, and proof of sufficient electric grid capacity. After a Senate amendment significantly weakened the bill, Altschiller urged the House committee to restore its initial provisions, citing data centers' "disruptive" environmental impacts, high power and water use, and noise pollution. Democratic committee members, including Rep. Laurel Stavis, D-Lebanon, Rep. Jim Maggiore, D-North Hampton, Rep. Eleana Colby, D-Bow, and Rep. David Fracht, D-Enfield, voiced strong opposition to the amended bill. They argued that data centers pose unique challenges requiring specific regulations, expressing concerns about insufficient energy and water resources in New Hampshire, as well as potential siting near housing due to relaxed zoning. Despite these objections, the committee's Republican majority moved the amended bill forward. It is now slated for debate on the floor of the New Hampshire House in the coming weeks, where the proposed framework for data center regulation will face further scrutiny.