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Senate panel hears broad testimony on statewide data‑center rules covering noise, grid checks and transit buffers
Summary
SB 439 would require utility confirmation of electrical capacity, limit noise near residences, and bar siting near transit‑oriented areas; business groups criticized vague definitions and potential overreach while local officials urged water, environmental and transmission‑cost safeguards.
Senators received detailed testimony on SB 439, a bill proposing statewide standards for data‑center siting and operations aimed at protecting neighborhoods and grid reliability.
A committee member read prepared sponsor testimony into the record describing several elements: a requirement for written utility confirmation that adequate electrical capacity will be available within two years of construction; noise limits that would not allow levels within 300 feet of residential districts to exceed ambient levels by more than 5% (supported by professional acoustic studies); and a 2,640‑foot (half‑mile) buffer from passenger rail stations and high‑capacity transit to preserve transit‑oriented development.
Business groups and trade associations voiced strong concerns about the bill’s breadth and definitions. "The restrictions proposed here are fully arbitrary in our opinion," said DJ Burke of the Business and Industry Association, arguing the draft could encompass many facilities that are not traditional data centers and that a state‑level prescriptive approach undermines local zoning discretion.
Representative Wendy Thomas (Merrimack) urged caution and additional analyses, asking for environmental impact and water‑usage reviews, transmission‑cost allocation language to prevent rate‑payer exposure, and a job‑creation report delineating construction versus operations jobs. "These industries are energy hogs," Thomas said, recommending that the bill include explicit measures to protect local water supplies and prioritize residents if grid capacity becomes constrained.
The New Hampshire Home Builders Association said it is neutral on the draft and offered to help craft amendments (including language to account for newer closed‑loop center technologies). Committee members signaled particular interest in strengthening the electricity‑capacity verification and in drafting clearer definitions to avoid unintended coverage of existing campus or small on‑site server rooms.
The public hearing was closed with senators encouraging sponsor and stakeholders to work on amendments; no final vote was taken that day.
