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Will the Governor sign or veto these controversial bills?

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Gender, home education, electricity, and tiny homes
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The 2026 New Hampshire legislative session has wrapped up its work for this year, meaning that Governor Kelly Ayotte now has the final word on dozens of pieces of legislation both chambers passed this session. Here are five that we’ve got our eye on at Citizens Count.

HB 1442: Sex-separated spaces

HB 1442 amends New Hampshire's anti-discrimination law to specify that classifying people by biological sex does not constitute unlawful discrimination in three limited contexts: bathrooms and locker rooms designed for shared use, athletic competitions in which physical strength, speed, or endurance are factors, and facilities such as prisons, juvenile detention centers, and involuntary mental health treatment centers.

The bill defines "biological sex" as male and female and explicitly states that nothing in the law requires any public or private entity to separate people by biological sex. It only provides that doing so is not, in those specific contexts, unlawful discrimination under state law.

Gov. Ayotte vetoed so-called “bathroom bill” legislation last year, calling it "overly broad and impractical to enforce, potentially creating an exclusionary environment for some of our citizens." When the Legislature passed yet another version early in 2026, Ayotte vetoed that one too, writing that it had "minimal difference" from the bill she had already rejected.

HB 1442 is almost identical to these earlier bills, so the Legislature is sending a big message to Gov. Ayotte about their priorities. Even if Gov. Ayotte vetoes the bill, we expect candidates to talk about the issue going into 2026.

HB 1268: Home education and pharmacy benefit managers

This bill started as a significant rewrite of New Hampshire's home education law. Under current law, parents who home educate their children must notify the state and conduct annual evaluations. HB 1268 eliminates both requirements. Notification to the state would only be required when a home-educated student wants to participate in public school programs or is withdrawing from a traditional public school. The bill also explicitly bars home education participation from being used as evidence of neglect in child welfare proceedings.

The Senate made some changes and added a second, unrelated piece to the bill: new regulations for Pharmacy Benefit Managers, which are the companies that administer prescription drug coverage for health insurers. Those provisions require written contracts between PBMs and health carriers before the PBMs can operate, expand annual reporting requirements, and raise the maximum fine for violations from $2,500 to $5,000 per violation.

This bill continues down the path of education deregulation championed by many Republicans. However, about a dozen House Republicans voted against the bill, and Gov. Ayotte has yet to weigh in.

HB 1775: Utilities and energy generation

New Hampshire electric utilities have historically been prohibited from owning power generation resources. HB 1775 carves out an exception for natural gas, hydrogen, and nuclear generation connected to their distribution systems. No individual unit could exceed 5 megawatts, and a utility's total investment in these resources could not exceed 10 percent of its distribution peak load.

The bill also makes those investments eligible for rate recovery, meaning utilities could ask the Public Utilities Commission to let them recoup the costs through customers' monthly bills. The commission would need to approve any such recovery and determine it is in the public interest.

Supporters argue that dispatchable generation—meaning power that is always available at a moment’s notice—is a necessary reliability backstop for when renewable sources fall short. Critics have raised concerns about the rate recovery mechanism and what it could mean for electric bills.

HB 1681: A legal framework for tiny houses and yurts

New Hampshire currently has no statewide framework for what the bill calls "innovative housing structures": tiny houses (600 square feet or less), tiny houses on wheels, and yurts. HB 1681 creates that framework.

Towns and cities would have the option, but not the obligation, to allow these structures on single-family lots or as accessory dwelling units. The bill establishes construction and inspection requirements, including pathways for structures built off-site, which could be reviewed under either the state building code or the modular building program. Transportation rules address how tiny houses on wheels can be moved to a dwelling site using dealer or temporary trailer plates.

The bill is one of several housing measures the Legislature advanced this session as New Hampshire continues to face a persistent shortage of available homes. So far Gov. Ayotte has been very supportive of bills aimed at housing development, so HB 1681 is likely to get her signature.

It’s worth noting that our coverage of tiny house legislation remains some of the highest-traffic content on the Citizens Count website; clearly, tiny houses are a big deal in New Hampshire!

HB 1376: Biological sex and parenting decisions

HB 1376 addresses what parents can do in raising their children without legal consequences. Under the bill, raising a child consistent with their biological sex, including using pronouns based on biological sex and making mental health or medical decisions on that basis, cannot be treated as child abuse or neglect under state law. Courts could not consider it an adverse factor in custody proceedings and it could not be the basis for removing a child from the home, terminating parental rights, or denying a foster care or adoptive placement.

The bill includes a carve-out stating that its provisions do not override other grounds for finding abuse or neglect, and that courts may still consider all other factors relevant to the best interests of the child.

Gov. Ayotte has not spoken on this bill yet. Last year she signed restrictions on hormones for minors, so she might favor this bill.

What do you think?

Governor Ayotte can sign any of these bills, veto them, or allow them to become law without her signature. Want to stay up to date on these bills? Find their current status by visiting our Bills page.

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