New Hampshire Lawmakers Table Data Center Bill in Bipartisan Vote
The New Hampshire House effectively killed Senate Bill 439, which would have allowed data centers to operate by right with limited local restrictions in the state, by tabling it in a bipartisan vote. This decision means the bill will not advance in the current legislative session. Governor Kelly Ayotte had previously expressed concerns that large data centers could significantly increase energy costs for the state.
The New Hampshire House voted to table Senate Bill 439 on May 14, effectively killing the legislation for the current session. The bill, co-sponsored by Sen. Debra Altschiller, D-Stratham, and Rep. Hope Damon, D-Croydon, aimed to allow data centers to operate by right in commercial and industrial zones, with cities and towns permitted to regulate environmental and aesthetic factors.
An amendment, co-sponsored by Rep. Diane Pauer, R-Brookline, and Rep. Keith Ammon, R-New Boston, sought to prevent municipalities from singling out data centers for disparate treatment, ensuring local regulation would apply generally. The bipartisan vote of 304-11 to table the bill means it would require a two-thirds vote to be considered in future sessions.
This legislative debate follows previous discussions in New Hampshire regarding large data centers, which are distinct from the smaller facilities currently operating in cities like Manchester and Portsmouth. Governor Kelly Ayotte has publicly opposed large data centers, citing concerns about potential spikes in state energy costs, while the legislature had previously approved permitting for small nuclear generating plants as a possible solution to energy demands.