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Regbase

The Data Center Divide

Carroll County

For Carroll County, see New Hampshire’s statewide laws and regulations below. No additional county-specific measures are listed in our research.

Pro-Data Center Policies

New Hampshire receives a default rating of 2 because our research identifies no current or future statewide data-center-specific laws or regulations that would prevent you from building a data center. Local rules and general permitting requirements may still apply.

Incentives

Tax benefitsWater and electricityWorkforce and training

As introduced, would authorize qualifying campuses' phased property-tax stabilization/PILOT agreements and a transferable BPT/BET construction-cost credit. Would also require resident electricity-bill credits funded by exported-power net revenues and developer-funded college/university certificate-program partnerships. These latter benefits support residents and workforce training, not a utility discount or training subsidy to developers.

New Hampshire HB 1739 (2026)

failed · Statewide
Statewide SB 439 would have allowed data centers in commercial or industrial districts, subject to local land-use regulations.New Hampshire SB 439 (2026)

What this means

If enacted, it would make data centers permitted by right in commercial and industrial districts and bar municipalities from imposing data-center-specific rules that are stricter than rules for other permitted uses (“permitted use by right”). That would strongly ease siting and limit future local restrictions; the proposal is not itself evidence that the bill became law.

People behind it

  • Identified as the prime sponsor of SB 439 and as a co-sponsor of the bill.

  • Listed as a sponsor of SB 439.

  • Co-authored the 2026-1807h amendment to SB 439.

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  • Co-authored the 2026-1807h amendment to SB 439.

  • Introduced a Senate amendment that rewrote the bill.

Restrictions & requirementsHide restrictions & requirements1

  • By-right approval is limited to commercial or industrial districts and remains subject to local land-use regulations; elsewhere, a data center may operate only where local zoning permits it when the application is filed. Commercial and industrial zoning districts

Benefits & exceptionsHide benefits & exceptions3

  • Data centers would be permitted by right in commercial or industrial zoning districts, subject to local land-use regulations. (“permitted use by right”)

  • Municipalities could not impose data-center-specific restrictions more stringent than those applied to other permitted uses in the same district, except through ordinances of general applicability. (“more restrictive than those imposed on other uses”)

  • A data center could also operate in any zoning district where local zoning regulations already allowed it when the application was made. (“in effect at the time of application”)

Sources

failed · Statewide
HB 1722 proposed a separate electric-service classification for facilities using 20 MW or more at peak demand and primarily providing NAICS 518210 services, with cost-based tariffs, contracts of at least 10 years, and minimum payments.New Hampshire HB 1722 (2026)

What this means

The proposal applies to data centers with peak demand of at least 20 megawatts. It would require a separate electricity tariff and contracts of at least 10 years, adding costs and long-term commitments, though it does not ban construction or operation.

People behind it

  • Listed as a bill sponsor.

  • Listed as a bill sponsor.

  • Listed as a bill sponsor.

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  • Listed as a bill sponsor.

  • The bill directs it to establish the separate service classification and tariff schedule, review contracts, and report to legislative committees.

Restrictions & requirementsHide restrictions & requirements6

  • The PUC must create a separate retail-electricity service class and tariff for qualifying facilities, allocating their costs according to actual service costs or charging known customer-specific costs directly, while preventing costs from shifting to other customers. The chapter preserves the ability to contract for direct supply from a dedicated non-emitting resource in the host community that is not interconnected with the regional grid. Separate classification and cost allocation

  • The PUC must review proposed tariffs for large-energy-use facilities against specified criteria, including potential costs or risks to other customers and environmental or community impacts such as water, air, or noise pollution. Tariff review criteria

  • Contracts with an electric utility must cover transmission, distribution, interconnection, energy, capacity, and ancillary services; have a term of at least 10 years; and identify the service-start date or its estimate. Contract terms

  • Each contract must require the customer to pay a minimum amount or percentage of projected usage, as determined by the PUC, for the contract’s duration. Minimum usage payment

  • Each contract must address early termination, performance failure, and other risks that could shift costs to other ratepayers. Contract risk provisions

  • A contract may impose an excess-demand or risk-mitigation charge above the established tariff when needed to prevent cost-shifting. Additional contract charges

Benefits & exceptionsHide benefits & exceptions2

  • When reviewing large-energy-use facility tariffs, the commission must consider whether rates allow reasonable flexibility in procuring generation resources. “allow reasonable flexibility for procurement of generation resources”.

  • The measure preserves a facility’s ability to contract for direct supply from a dedicated non-emitting power resource in its host community, provided the resource is not interconnected with the regional grid. “contract for direct supply from a dedicated non-emitting power resource”.

Sources

failed · Statewide
HB 1739 was a statewide proposal, not a municipal enactment.New Hampshire HB 1739 (2026)

What this means

The bill would encourage data-center development with transferable tax credits, possible local tax deals, and faster permitting in designated areas (tax and siting incentives). But projects receiving incentives would also have to pay grid costs, secure non-gas power, and meet community and workforce requirements (conditions on incentives); overall, the benefits appear meaningful but conditional.

People behind it

  • Prime sponsor of HB1739, as listed in the bill’s sponsor list.

  • Co-sponsor of HB1739, as listed in the bill’s sponsor list.

  • Co-sponsor of HB1739, as listed in the bill’s sponsor list.

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  • Co-sponsor of HB1739, as listed in the bill’s sponsor list.

  • Co-sponsor of HB1739, as listed in the bill’s sponsor list.

  • Co-sponsor of HB1739, as listed in the bill’s sponsor list.

  • Co-sponsor of HB1739, as listed in the bill’s sponsor list.

  • Co-sponsor of HB1739, as listed in the bill’s sponsor list.

  • Would enter into and oversee grid modernization agreements and designate eligible zones for fast-track permitting, as assigned by the bill’s oversight provisions.

  • Would be a party to grid modernization agreements and oversee their execution under the bill’s oversight provisions.

  • Would administer registration, tracking, and transfers of the tax credits and approve municipal eligibility criteria, as stated in the bill text.

  • Could offer phased property-tax stabilization agreements or PILOTs and coordinate with the Department of Energy on eligible zones, as provided by the bill’s local provisions.

Restrictions & requirementsHide restrictions & requirements6

  • A data-center campus must meet minimum capital-investment, facility-size, and job-creation thresholds, which are to be set by rule, to qualify under the bill. thresholds established by rule

  • For a property-tax stabilization agreement or PILOT, eligibility criteria must include minimum investment, facility-size, and job thresholds, be defined by municipal vote, and be approved by the Department of Revenue Administration. defined by municipal vote and approved

  • A developer must enter a grid modernization agreement to receive any incentive. It requires full payment of direct interconnection costs and a defined share of network upgrades; annual procurement or financing of non-gas generation equal to the facility’s New Hampshire load; participation in grid-stabilizing programs such as demand response; and enforcement and claw-back provisions. as a condition of receiving any incentive

  • The bill provides expedited review only for projects in designated industrial or brownfield zones, and those projects must comply with environmental standards and local zoning. provided they comply with environmental standards and local zoning

  • Developers must enter host-community agreements that include enforceable noise limits and setbacks, environmental-justice screening, and resident bill credits funded by net revenues from on-site power exported to the grid. host-community agreements

  • Developers must meet minimum job-creation standards, including living wages and apprenticeship opportunities, and fund partnerships with the university system and community colleges for specified certificate programs. minimum job creation standards

Benefits & exceptionsHide benefits & exceptions4

  • A municipality may offer a qualifying data-center campus a phased property-tax stabilization agreement or payment in lieu of taxes, with full taxation phased in over no more than 12 years. Eligibility requires investment, facility-size, and job-creation thresholds, with criteria defined by municipal vote and approved by the Department of Revenue Administration. The agreement may phase in full taxation over a period not to exceed 12 years.

  • A qualifying data-center developer may receive a transferable credit against the business profits tax and business enterprise tax equal to a percentage of construction costs. The credit is subject to a statewide cap of 20 percent of total construction costs. A transferable credit against the business profits tax and business enterprise tax.

  • The Department of Energy, coordinating with municipalities, must designate eligible industrial and brownfield zones for fast-track permitting. Projects in those zones receive expedited review, subject to environmental standards and local zoning. Projects sited in such zones shall be subject to expedited review.

  • Developers must fund partnerships with the university system and community colleges to support certificate programs in data-center operations, power systems, networking, and cybersecurity. Support certificate programs in data-center operations, power systems, networking, and cybersecurity.

Sources

failed · Statewide
Would establish a fundamental right to privately own and use computational resources for lawful purposes, limiting government restrictions to measures demonstrably necessary and narrowly tailored to fulfill a compelling government interest.New Hampshire HB 1124 (2026)

What this means

If enacted, the bill would strongly limit state and local governments’ ability to restrict computing resources, including data centers, unless a restriction is narrowly tailored to a compelling public interest. It still allows action against nuisances created by physical data center infrastructure, but overall it would provide substantial protection against future restrictions.

People behind it

  • Sponsor of HB1124

  • Sponsor of HB1124

  • Sponsor of HB1124

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  • Sponsor of HB1124

  • Sponsor of HB1124

Benefits & exceptionsHide benefits & exceptions1

  • Protects data-center ownership and operation from state and local restrictions: government entities may not restrict the private ownership or lawful use of computational resources, including computing infrastructure, through laws, regulations, permits, conditions, tests, policies, or administrative practices unless the restriction is demonstrably necessary and narrowly tailored to serve a compelling government interest. This protection does not preempt federal law and does not prevent actions addressing common-law nuisances caused by physical data-center infrastructure.

Sources

failed · Statewide
HB 1724's introduced version would require utility reports analyzing generation capacity needs for data centers requiring 5 megawatts or more and recommendations to insulate ratepayers from data-center costs and stranded-cost risk.New Hampshire HB 1724 (2026)

What this means

The measure would require utilities to report on electricity costs and capacity needs for data centers of 5 megawatts or more. It could bring more scrutiny to data-center-related grid costs, but it does not directly add building or operating rules for data centers, so its practical effect appears limited.

People behind it

  • Prime sponsor (Rep. W. Thomas, Hills. 12)

Restrictions & requirementsHide restrictions & requirements1

  • Proposed utility analysis of data centers requiring 5 megawatts or more and ratepayer protection recommendations; reporting scrutiny, not a development ban.

Sources

failed · Statewide
HB 1265 proposed a one-year statewide pause on new data-center construction and an environmental-impact study committee.New Hampshire HB 1265 (2026)

What this means

The bill would pause construction of new data centers in New Hampshire for one year, creating a major but temporary barrier to building new data centers. It does not expressly stop existing data centers from operating, and it calls for a study of environmental impacts.

Timing

Ends
Proposed duration: one year after effective date. Never operative.

Would take effect 60 days after passage. Report dates November 1, 2025 and November 1, 2026 include an apparent drafting error.

People behind it

  • Sponsor

  • Sponsor

  • Sponsor

Restrictions & requirementsHide restrictions & requirements1

  • Proposed one-year new-construction moratorium; never enacted.

Sources

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