NH bill would forbid towns from regulating data centers

A New Hampshire House committee has advanced an amended bill, Senate Bill 439, that would restrict towns from imposing regulations on data centers that are more stringent than those applied to other businesses in the same district. The Republican majority on the House Committee on Municipal and County Government voted 11-9 to recommend the amended version, which also designates data centers as a permitted "by right" land use in commercially or industrially zoned areas. Committee chair and amendment author, Brookline Republican Diane Pauer, argued that data centers are an enterprise that should not be treated differently. However, Democrats on the committee voiced strong opposition, pushing for the bill to be deemed "inexpedient to legislate." Lebanon Democrat Rep. Laurel Stavis expressed concern that New Hampshire lacks sufficient energy and water resources to host large data mining centers. The original bill, sponsored by Stratham Democrat Sen. Debra Altschiller, sought to establish statewide requirements for data center development, including setbacks, noise limits, and proof of grid capacity, and would have allowed towns to implement further local zoning rules. Altschiller stated that the committee's amendment was "an abdication" of a proper framework. Representatives such as North Hampton Democrat Jim Maggiore, Bow Democrat Eleana Colby, and Enfield Democrat David Fracht highlighted the unique challenges posed by data centers, including high power and water consumption, heat production, and noise pollution. They argued the amended bill lacked necessary standards and could lead to data centers being sited too close to residential areas. The bill, which aims to define data centers and exclude smaller computing facilities, will now move to the floor of the House for further debate.