SB 439 creates a new statutory subdivision in RSA 674 governing municipal zoning treatment of data centers. It defines “data center” as a facility primarily used for the storage, processing, management, and transmission of digital data, while excluding smaller on-site facilities that mainly serve the enterprise functions of the property owner and do not lease data services to third parties. The bill then provides that data centers are allowed in zoning districts designated for commercial or industrial use, subject to local land use regulations.
The bill also authorizes planning boards, with approval from the local legislative body, to adopt regulations as necessary to implement the new subdivision. In practical terms, SB 439 would limit a municipality’s ability to exclude data centers from commercial and industrial zones, while still preserving local authority to regulate them through ordinary land use controls. The act would take effect 60 days after passage.
Impact
SB 439 would amend RSA 674 by adding a new subdivision specifically addressing data centers, thereby clarifying state zoning law as it applies to this land use. Municipalities would be required to allow data centers in commercial and industrial districts, but could continue to apply local land use regulations and adopt implementing rules through planning boards and local legislative bodies. The bill affects municipal zoning authority, planning boards, local legislative bodies, and developers or operators of data center facilities.
Sentiment
The available voting history suggests the bill had meaningful support but also some opposition. In committee, both the amendment and the motion to ought to pass with amendment were approved 16-8, indicating a clear majority in favor but not unanimity. No committee transcript is available, so the record does not show detailed debate, but the vote pattern suggests the bill was generally viewed favorably while still drawing concern from a substantial minority.
Contention
The main point of contention appears to be the balance between statewide authorization of data centers and municipal control over local zoning. Supporters likely favor the bill as a way to provide certainty for data center siting in commercial and industrial areas, while opponents may be concerned that it constrains local discretion to limit or condition large-scale digital infrastructure projects. The exclusion for smaller, owner-serving facilities may also matter to stakeholders seeking to distinguish internal business operations from commercial data center development.