Committee Summary for Senate Election Law and Municipal Affairs (01/13/2026)

Bill/Time	Type	Title	Sponsor
SB435 00:02:53.519 - 8:16:34 AM	Public Hearing	relative to the zoning board of adjustment variance criteria.	Abbas, Daryl(R)[B-]2025
SB436 00:32:41.679 - 8:46:22 AM	Public Hearing	relative to zoning board of adjustment membership criteria.	Abbas, Daryl(R)[B-]2025
SB439 00:47:51.760 - 9:01:32 AM	Public Hearing	relative to municipal data center zoning.	Altschiller, Debra(D)[CT]2025
SB495 01:15:12.480 - 9:28:53 AM	Public Hearing	increasing the limit for transfers of appropriations in Carroll County.	McConkey, Mark(R)[B]2025
Unclear 01:23:42.080 - 9:37:23 AM	Executive Session	Unclear

SB435: Senator Daryl Abbas Support00:02:53.519 - 8:16:34 AM; Senator Abbas introduced SB 435, which proposes eliminating the fifth hardship criterion from the five-part test for obtaining a zoning variance, reducing it to four criteria. He argued that the hardship prong is inconsistently applied by zoning boards and does not directly protect abutters or the community, unlike the other criteria which address neighborhood character, public safety, and property values. He provided an example of a cul-de-sac property not meeting frontage requirements due to its unique shape, stating that removing hardship would streamline the process, reduce litigation, and maintain local control without compromising protections.
SB435: Senator Dwayne (former zoning board chair) Oppose00:06:00.000 - 8:19:41 AM; As a former zoning board chair, Senator Dwayne questioned the sponsor on the role of the hardship criterion, using wetlands encroachment as an example where unique property conditions necessitate a variance to avoid impinging on the landowner's rights. He emphasized that hardship adjustments allow boards to approve variances when compliance is impossible without altering the property's intended use, such as building a smaller house. He argued that removing it could undermine the purpose of zoning regulations like setbacks.
SB435: Margaret Burns, New Hampshire Municipal Association Oppose00:11:18.560 - 8:24:59 AM; Margaret Burns opposed SB 435, explaining that variances serve as a safety valve against unconstitutional takings and require a high standard because they allow deviation from uniform regulations. The unnecessary hardship criterion ties the decision to the unique attributes of the property, ensuring variances are not arbitrary. She noted that while the term is not perfectly clear, statutory tests and extensive case law provide guidance. Removing it would weaken the connection to property-specific circumstances, potentially leading to inconsistent or unjustified approvals. She offered to help clarify the language if desired, but opposed outright repeal.
SB435: Joanie McIntyre, New Hampshire Association of Realtors Support00:23:13.200 - 8:36:54 AM; Joanie McIntyre supported SB 435, stating that the hardship criterion is the most frustrating barrier for property owners seeking variances, often due to minor issues like small frontage or square footage. She argued it should be intuitive—if a variance is needed, hardship exists—and that the other criteria still provide sufficient protections. She shared an example of buyers in Concord purchasing a small-lot house built after a variance was granted for a pre-zoning subdivision, illustrating how the process works but could be simplified without the hardship prong to better allow property owners to use their land effectively.
SB435: Diana Lush, Raymond, NH Oppose00:27:02.320 - 8:40:43 AM; Diana Lush, former planning board chair and wife of the current ZBA chair in Raymond, testified that variances are not difficult to obtain, citing personal experience and town statistics where 4 out of 5 requests were granted. She emphasized the importance of hardship criteria tied to zoning regulations to protect community interests like clean water and appropriate land use. She noted ZBA members approach cases with a helpful attitude and receive training, suggesting more focus on training for board members. As a planning board member, they reviewed ZBA decisions and used warrant articles to address recurring variance issues, making zoning more resident-friendly.
SB436: Senator Daryl Abbas, District 22 Support00:32:41.679 - 8:46:22 AM; Senator Daryl Abbas, prime sponsor, introduced SB 436 to mandate recusal for ZBA members with conflicts of interest, bias, or predetermined conclusions, treating the board as quasi-judicial like judges or juries. He noted current law's advisory recommendation is non-binding and issues like waiver if not raised timely are problematic. He referenced a leading NH case on biased members influencing decisions and suggested amending RSA 673:14 for mandatory recusal without exceptions. He acknowledged the bill may need redrafting to avoid repealing recent changes on dual board memberships and address gray areas like waivers or planning board overlaps.
SB436: Margaret Burns, New Hampshire Municipal Association Oppose00:44:57.040 - 8:58:38 AM; Margaret Burns opposed SB 436 due to vague language on impartiality compared to the existing juror's standard of direct pecuniary or personal interest in RSA 673:14, which already covers all land use boards. She noted the bill conflicts with and duplicates that statute, potentially causing confusion. She clarified 'shall recuse' and 'shall not participate' mean the same, with recusal onus on the member, and the advisory vote allows boards to urge recusal if needed, preventing appeal risks from biased members.
SB439: Kevin Conduct for Senator Alf Al-Shiller Support00:47:51.760 - 9:01:32 AM; Kevin Conduct read Senator Al-Shiller's testimony supporting SB 439, highlighting zoning challenges for data centers due to high energy use, low employment, noise pollution, and infrastructure needs not fitting traditional categories. The bill requires utility confirmation for electrical capacity within two years, noise studies limiting levels to 5% above ambient within 300 ft of residences, and a 2,640 ft buffer from transit/rail for better land use. It addresses nationwide concerns like grid strain, health impacts from noise, and project delays, promoting economic benefits through clear regulations while protecting communities, as seen in Virginia's successful model.
SB439: DJ Burke, Business and Industry Association Oppose00:56:59.440 - 9:10:40 AM; DJ Burke opposed SB 439, criticizing imprecise language and broad definitions encompassing more than traditional data centers, including small facilities like server rooms for healthcare or universities. He viewed restrictions as arbitrary, singling out one industry contrary to local zoning control for industrial uses. The bill signals a ban, deterring business, and contradicts local control appeals in the testimony. He agreed on electricity issues but noted they affect all high-use industries, not just data centers, and cited examples of existing operations that would be impacted.
SB439: Representative Wendy Thomas, Merrimack Support01:02:45.119 - 9:16:26 AM; Representative Wendy Thomas supported SB 439, emphasizing data centers' nationwide concerns like energy hogs, noise health impacts, and environmental risks, using Merrimack's industrial history as caution. She detailed bill provisions: local control, 2,640 ft transit buffer for safety, electrical capacity analysis, noise studies, and avoiding dystopian landscapes. She suggested amendments: extend buffer to a mile, add environmental/water impact analyses, require data centers bear transmission costs, prioritize residents in high grid use, and mandate job creation reports, noting low ongoing employment despite construction jobs.
SB439: Phil Jay-Zack, New Hampshire Homebuilders Association Information Only01:12:50.239 - 9:26:31 AM; Phil Jay-Zack stated the Homebuilders Association is neutral on SB 439 but would not support it as is. He offered to collaborate on an amendment with Senator Al-Shiller addressing issues, particularly closed-loop data centers that are smaller, more water-efficient, and reduce public externalities.
SB495: Senator Mark McConkey, District 3 Support01:15:12.480 - 9:28:53 AM; Senator Mark McConkey introduced SB 495 to raise Carroll County's transfer appropriation limit from $1,000 to $10,000 per line item, citing past financial mismanagement (audits lapsed since 2009, surpluses misreported leading to deficits). Recent commissioners and audits have restored accountability; the increase allows flexibility for rising costs in a 400-line budget without needing constant delegation approval.
SB495: Charles McGee, Carroll County Commission Chair Support01:20:27.840 - 9:34:08 AM; Charles McGee, Carroll County Commission Chair since 2023, supported SB 495, recapping history of tight controls post-deficits. The county's 24/7 infrastructure (nursing home, jail, water/septic systems) requires quick responses to emergencies beyond $1,000. A 400-line budget can't always anticipate needs; $10,000 latitude aids efficiency while maintaining oversight.
Unclear: Committee Senators Information Only01:23:42.080 - 9:37:23 AM; In executive session, senators discussed not acting on bills today due to needed work. On SB 439, they emphasized addressing electricity supply broadly for new developments, not industry-specific, suggesting planning boards consider energy alongside public safety and traffic, learning from other states. On SB 495, they noted varying county limits (e.g., Hillsborough $5,000, some unlimited), questioning statutory needs versus delegation-set limits, and future-proofing via percentages. They urged discussions with delegations for Carroll County adjustments.

Gray, James(Chairman)(R)[B-]2025	Lang, Timothy(V Chairman)(R)[B-]2025	Perkins Kwoka, Rebecca(D)[F]2025
Rochefort, David(R)[B-]2025	Long, Pat(D)[F]2025