Data centers in New Hampshire

📜 State laws

Governor plans a statewide pause on data centers in her next budget · Sept 2, 2026
Governor Kelly Ayotte said on August 20, 2026 that she now supports a pause (moratorium) on data centers. On September 2, 2026 she said she opposes putting any data center in New Hampshire, including a possible one in Bow, because it would raise energy bills. She plans to put a pause of likely several years into her next state budget plan. That budget would not pass before July 2027, so the pause could not start before then. An executive order could start a ban sooner, but none has been signed. No bill text exists yet. Source

Senate leaders and House Democrats also plan moratorium bills for 2027 · Sept 18, 2026
On September 18, 2026, Senate President Sharon Carson (Republican) said the Senate will look at a data center pause bill to protect taxpayers from the costs of data centers. House Democrats said on September 2, 2026 they will file a bill for a 24-month pause on data center building. The next session starts in January 2027. No bill numbers yet. Source

SB 439: rules for where data centers can go (tabled, did not pass) · May 14, 2026
Senate Bill 439 started as a bill to set statewide rules for data centers (noise limits, setbacks, only in business and industrial zones) and let towns add their own rules. The Senate cut most of those rules in January 2026. A House committee then changed it to make data centers allowed 'by right' in business and industrial zones and to stop towns from treating data centers more strictly than other uses in the same zone. The committee voted 11-9 for that version on May 5, 2026. On May 14, 2026 the full House set it aside (tabled it) 304-11. It did not become law. New Hampshire still has no state law that defines or regulates data centers. Source

HB 1265: one-year pause on new data centers (killed) · March 11, 2026
House Bill 1265 would have stopped all new data center building in New Hampshire for one year and set up a study group on their effects on the environment. The House killed it on March 11, 2026. Source

HB 1722: special electric rate class for very big power users (killed) · March 12, 2026
House Bill 1722 would have told the Public Utilities Commission to create a separate rate class for 'large-energy-use facilities' such as data centers, with prices based on their own costs, so other customers do not pay for them. The House killed it 185-156 on March 12, 2026. Source

HB 1739: tax breaks to attract data centers (killed) · Feb 19, 2026
House Bill 1739 would have given data center campuses a business tax credit, let towns phase in property taxes over up to 12 years, and required grid agreements. The House killed it on February 19, 2026. Source

HB 1724: utilities report data center costs (died) · March 11, 2026
House Bill 1724 would have made utilities report each year on power line costs, market effects and power supply, with a focus on data centers. It died in the House in 2026. Source

HB 1124: 'right to compute' (sent to study) · May 14, 2026
House Bill 1124 would protect people's right to use computers and computing tools for any purpose, with limits only where the state finds a danger to the public. The House passed it on March 11, 2026. The Senate sent it to 'interim study' on May 14, 2026, so it did not become law this session. Source

HB 672 (2025 law): power plants that sell power off the grid · Aug 1, 2025
Signed by Governor Ayotte on August 1, 2025 (Chapter 285). It lets an 'off-grid electricity provider' make and sell power directly to customers without connecting to the regular power grid. Such providers are not regulated by the Public Utilities Commission, as long as they stay off the grid, do not cross public roads and do not cross state lines. They still need other permits, including the Site Evaluation Committee for big plants. Reporters said this could be used to power crypto mining or data centers. Source

💡 Who pays for the power

No special electric rate for data centers yet · Sept 2, 2026
New Hampshire has no special electric rate (large-load tariff) for data centers. A bill to create one (HB 1722) was killed in March 2026. In late summer 2026, the state Consumer Advocate said an Eversource representative, at a meeting with the state Department of Energy, said a developer was considering a data center of up to 200 megawatts in Bow. Federal filings show the owner of the closed Merrimack Station power plant in Bow asked Eversource to study connecting a 350 megawatt project. Governor Ayotte said the head of ISO New England told her a big data center would raise prices across New England. Source

Electric supply rates went up on August 1, 2026 · June 25, 2026
The Public Utilities Commission (PUC) approved Eversource's default supply rate of 14.009 cents per kWh for August 2026 to January 2027 (about $91 a month for 650 kWh). It includes about 1 cent per kWh to pay back more than $25 million Eversource under-collected before. Liberty's default rate is 15.835 cents (about $103 a month). Community Power Coalition rates are 14.949 cents (Eversource areas) and 14.729 cents (Liberty areas). Supply rates change every February and August. Source

Eversource delivery rates and the monthly customer charge · July 25, 2025
In July 2025 the PUC approved an 8.2% increase in Eversource's delivery (distribution) rates, about 2.5% more on the average bill. The fixed monthly customer charge for homes went from $13.81 to $19.81 and then rises $2 each year through July 31, 2029. The PUC also approved a formula-based way to raise Eversource rates; the Consumer Advocate and state officials asked the NH Supreme Court in 2026 to review it. Source

💵 Tax breaks

No state tax break written for data centers · Feb 19, 2026
New Hampshire has no tax break written just for data centers. A bill to create one (HB 1739) was killed in February 2026. New Hampshire has no general sales tax, so there is no sales tax break to give. Source

Towns may offer a property tax break for new business buildings · 2026
Under RSA 72:81, a town or city can vote to let new or expanded business or industrial buildings pay less local property tax: up to 50% off the added value each year, for up to 10 years. It covers town and local school taxes only, not state education or county taxes. Voters (the town's legislative body) must first adopt it. This could apply to a data center if the town has adopted it. Source

🤐 Secret deals and public records

Right-to-Know law (RSA 91-A): how to ask for records · 2026
The law says every citizen may see and copy government records. If the record is not ready right away, the town or agency must answer within 5 business days: give the record, deny it, or say in writing how long it will take. Looking at records is free; copies can cost only the actual cost. A denial must name the exact legal reason. If you are denied, you can go to Superior Court (no lawyer needed) or file a complaint with the state Right-to-Know Ombudsman instead. Source

Secret deals (NDAs) and business secrets · 2026
New Hampshire has no law that bans or limits secret deals (NDAs) between towns and data center developers. The Right-to-Know law lets officials keep back 'confidential, commercial, or financial information', which developers may use to keep plans private. In Bow, town and state officials did not reveal the site or size of a possible data center in September 2026. Source

💧 Water

Big well water use needs a state permit · 2026
Anyone who wants to pump more than 57,600 gallons a day from wells on one property (wells drilled after August 1998) needs approval from the NH Department of Environmental Services (NHDES) first. The applicant must notify nearby towns and water suppliers by certified mail. A town or water supplier can ask for a public hearing within 15 days. The public can comment for 45 days. The pumping may not harm private wells, public water supplies, streams or ponds without a fix (mitigation). Source

🌫️ Air and generators

Backup diesel generators need an air permit · Nov 25, 2016
The NHDES Air Resources Division regulates backup (emergency) generators. Diesel generators need state permission before they are installed if one is larger than 1.5 MMBtu per hour (about 440 kilowatts), or if several together reach 1.5 MMBtu per hour. Gas generators need it at 10 MMBtu per hour. Many use a 'general state permit'; bigger sources get individual permits, which have public notice. These numbers come from a 2016 NHDES explanation; check current rules. Source

Big power plants and power lines go to the Site Evaluation Committee · 2026
The state Site Evaluation Committee (SEC) must approve power plants of 30 megawatts or more, battery storage of 30 megawatts or more, and big power lines (over 100 kilovolts and over 10 miles on a new route, or any new line over 200 kilovolts). A data center itself does not need SEC approval, but a new power plant or power line built for it would. Source

🙋 How to have your say

Who decides a data center near you · 2026
New Hampshire counties do not zone. Each town and city makes its own zoning rules. In most towns, voters decide zoning changes by ballot at the yearly town meeting, after the Planning Board holds a public hearing. In cities, the City Council votes. The Planning Board reviews site plans; the Zoning Board of Adjustment (ZBA) decides variances and special exceptions. There is no state law that defines data centers, so towns use their existing rules. Some towns (Canterbury, Nottingham) have voted on bans or pauses. Source

How a town can pause data centers (moratorium) · 2026
Under RSA 674:23, a town or city can adopt a temporary pause on building permits or site plan approvals for unusual circumstances. The Planning Board must write findings and recommend it. Voters (the town's legislative body) adopt it. It can last at most one year. Nottingham used a special town meeting vote in September 2026 for a 12-month pause. Source

Deadlines to appeal a zoning or planning decision · 2026
ZBA decision: ask the ZBA for a rehearing within 30 days after its vote. Abutters, selectmen and parties can ask. If the ZBA says no, you can appeal to Superior Court within 30 days. Planning Board decision (like a site plan approval): appeal to Superior Court within 30 days after the vote. Some parts must go to the ZBA first. Count calendar days, starting the day after the vote. Source

How to ask for records · 2026
Send a written Right-to-Know request (RSA 91-A) to the town clerk, Planning Board or state agency. Ask for emails, agreements, NDAs and applications about the data center. They must answer within 5 business days. Looking is free; copies cost only the actual cost. If refused, go to Superior Court or the Right-to-Know Ombudsman. Source

Speak up on electric rates · 2026
The Public Utilities Commission (PUC) sets electric rates for Eversource, Unitil and Liberty. It holds public hearings in rate cases. The Office of the Consumer Advocate represents home customers in these cases. Supply rates change in February and August. Contact your state representatives and senators about the 2027 moratorium bills. Source

🧾 Help with your bills

Electric Assistance Program (EAP): discount on your electric bill · 2026
Gives income-eligible households a discount on their electric bill. Works for Eversource, Unitil, Liberty and NH Electric Co-op customers. For program year 2026-2027 the limit is 60% of state median income: for example $48,713 a year for 1 person, $63,702 for 2, $93,680 for 4. Apply at your local Community Action Program (CAP) agency. Source

Fuel Assistance Program (LIHEAP) · 2026
A federally funded grant (LIHEAP) that helps pay heating bills. You do not pay it back. Homeowners and renters, including those whose heat is in the rent, can qualify; the amount depends on household income and size. Applications are taken starting each November at your local Community Action Program (CAP) agency. Money is limited, so apply early. Source

📞 Who to contact

NH Public Utilities Commission (PUC) · 2026
Sets electric rates for Eversource, Unitil and Liberty. Holds hearings and takes public comment in rate cases. Website: https://www.puc.nh.gov/ Source

Office of the Consumer Advocate (OCA) · 2026
Speaks for home electric customers at the PUC. Website: https://www.oca.nh.gov/ Source

NH Department of Energy · 2026
State energy policy; runs the energy help programs (EAP, fuel assistance) with local CAP agencies. Website: https://www.energy.nh.gov/ Source

Site Evaluation Committee (SEC) · 2026
Approves big power plants (30 MW+), battery storage and big power lines. Website: https://www.nhsec.nh.gov/ Source

NH Department of Environmental Services (NHDES) · 2026
Permits for big well water use (over 57,600 gallons a day) and air permits for generators. Website: https://www.des.nh.gov/ Source

Right-to-Know Ombudsman · 2026
Hears complaints when a town or agency refuses public records, instead of going to court. Source

NH General Court (Legislature) · 2026
Find bills and your representatives and senators. Next session starts January 2027. Website: https://gc.nh.gov/ Source

ISO New England · 2026
Runs the regional power grid and the list of projects waiting to connect. Website: https://www.iso-ne.com/ Source