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--- version:As Amended by the Senate
+++ version:Introduced
@@ -1,5 +1,4 @@
-SB 439 - AS AMENDED BY THE SENATE
-01/29/2026 0176s
+SB 439 - AS INTRODUCED
 2026 SESSION
 26-2236
 06/09
@@ -14,8 +13,8 @@
 Explanation: Matter added to current law appears in bold italics.
 Matter removed from current law appears [in brackets and struckthrough.]
 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
-SB 439 - AS AMENDED BY THE SENATE
-01/29/2026 0176s 26-2236
+SB 439 - AS INTRODUCED
+26-2236
 06/09
 STATE OF NEW HAMPSHIRE
 In the Year of Our Lord Two Thousand Twenty-Six
@@ -26,16 +25,32 @@
 Data Centers
 674:81 Definition. In this subdivision, “data center” means a facility used primarily for the
 storage, processing, management, and transmission of digital data. “Data center” does not include a
-facility that does not exceed 25 percent of the gross floor area of all on-site buildings, is used to serve
+facility that does not exceed 10 percent of the gross floor area of all on-site buildings, is used to serve
 the enterprise functions of the on-site property owner, and is not used to lease data services to third
 parties.
 674:82 Zoning Authority to Permit Data Centers.
-I. Data centers are allowed within zoning districts designated for commercial or industrial
-use and subject to the provisions of local land use regulations.
-674:83 Rulemaking.
-The planning board, with the approval of the local legislative body, may adopt regulations as
-necessary.
-2 Effective Date. This act shall take effect 60 days after its passage.
+I. A local legislative body may permit the establishment of data centers within zoning
+districts designated for commercial or industrial use, subject to the provisions of this subdivision and
+local land use regulations adopted pursuant to this title.
+II. Data centers shall not be permitted within 2,640 feet of a passenger rail station or other
+high-capacity transit facility approved by the municipality or the department of transportation.
+III. No data center shall be approved until the applicant has provided written confirmation
+from the serving electric utility that adequate electrical capacity shall be available to meet the
+facility’s projected energy demand within 2 years of construction.
+IV. Noise levels generated by a data center located within 300 feet of a residential district
+shall not exceed the ambient noise level at the property line of the nearest residentially zoned parcel
+by more than 5 percent. The applicant shall submit a noise study performed by a qualified
+acoustical engineer to the planning board prior to site plan approval.
+674:83 Design and Siting Standards.
+I. All mechanical and electrical equipment, including but not limited to transformers and
+generators, shall be set back a minimum of 150 feet from any public right-of-way or residentially
+zoned property and shall be fully screened by an architecturally integrated structure or decorative
+wall.
+II. A minimum 30-foot-wide perimeter landscape buffer shall be provided, including at least
+2 staggered rows of large canopy trees spaced 20 feet on center and sufficient underplanting to
+achieve 75 percent live vegetative coverage.
+III. Building facades exceeding 100 feet in length shall include architectural variations in
+color, material, pattern, texture, height, or fenestration to avoid large, monolithic surfaces.
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+SB 439 - AS INTRODUCED
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+IV. All street frontages shall include a detached sidewalk at least 6 feet in width, separated
+from the curb by a landscaped strip at least 8 feet in width planted with large canopy street trees at
+20-foot spacing or equivalent groupings.
+V. On-site pedestrian pathways shall be shaded by structures, plantings, or both to provide
+a minimum of 75 percent shade coverage at maturity.
+674:84 Rulemaking.
+The planning board, with the approval of the local legislative body, may adopt regulations
+necessary to implement this subdivision, including additional performance, screening, or design
+standards, consistent with the purpose of this subdivision.
+2 Effective Date. This act shall take effect 60 days after its passage.
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