STATE OF NEW HAMPSHIRE
SENATE
REPORT OF THE COMMITTEE
FOR THE CONSENT CALENDAR
Wednesday, January 21, 2026
THE COMMITTEE ON Election Law and Municipal Affairs
to which was referred SB 439
AN ACT relative to municipal data center zoning.
Having considered the same, the committee recommends that the Bill
OUGHT TO PASS WITH AMENDMENT
BY A VOTE OF: 5-0
AMENDMENT # 2026-0176s
Senator Timothy Lang
For the Committee
SB 439 allows municipalities to regulate data centers in commercial and industrial zones. The committee amendment clarifies that a “data center" does not include facilities that occupy less than twenty-five percent of the total on-site gross floor area, restricts data centers to districts zoned as either commercial or industrial, and makes them subject to local land use regulations. For these reasons, the Election Law and Municipal Affairs Committee recommends Ought to Pass with Amendment on SB 439.
Jessica Bourque 271-2104
FOR THE CONSENT CALENDAR
Election Law and Municipal Affairs
SB 439, relative to municipal data center zoning.
Ought to Pass with Amendment, Vote 5-0.
Senator Timothy Lang for the committee.
SB 439 allows municipalities to regulate data centers in commercial and industrial zones. The committee amendment clarifies that a “data center" does not include facilities that occupy less than twenty-five percent of the total on-site gross floor area, restricts data centers to districts zoned as either commercial or industrial, and makes them subject to local land use regulations. For these reasons, the Election Law and Municipal Affairs Committee recommends Ought to Pass with Amendment on SB 439.