Bill Amendment: IL HB3412 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: USE/OCC TAX-DATA CENTERS

Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3412 Detail]

Download: Illinois-2019-HB3412-House_Amendment_001.html

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Rep. Michael J. Zalewski

Filed: 3/20/2019

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AMENDMENT TO HOUSE BILL 3412
AMENDMENT NO. ______. Amend House Bill 3412 on page 1,
immediately below line 16, by inserting the following:
""ASHRAE Standard 90.4-2016" means the Energy Standard
for Data Centers published by the American Society of
Heating, Refrigerating, and Air-Conditioning Engineers.";
and
on page 5, immediately below line 12, by inserting the
following:
"(d) New and existing data centers seeking a certificate of
exemption for new or existing facilities shall submit, with
respect to each application, a response in a form and manner
specified by the Department, which includes the following:
(1) An energy usage plan that provides the following
information:
(A) the expected quantity of electrical energy, in
kilowatt-hours, needed to fulfill 100% of the

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anticipated electrical energy needs of the data
center:
(i) over the course of the first 12 consecutive
months of operation; and
(ii) on average, over the course of 12
consecutive months, excluding the first 12 months
of operation; and
(B) documentation of the expected quantity of
renewable energy to be generated on site or purchased
by the data center through renewable energy credits or
otherwise delivered to the site.
(2) A water resources plan that provides the following
information:
(A) the expected volume of water, in kiloliters,
needed to fulfill 100% of the anticipated water
consumption needs of the data center over the course of
12 consecutive months; and
(B) the data center's policy for sustainable water
use and water conservation.
(e) To maintain its certificate of exemption, a qualifying
data center shall provide the following to the Department each
calendar year by June 1:
(1) An energy usage report that provides the following
information:
(A) the actual quantity of electrical energy, in
kilowatt-hours, consumed annually by the qualifying

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data center during the previous calendar year;
(B) any alterations the qualifying data center
proposes to undertake to improve the facility's
electrical energy consumption; and
(C) documentation of any energy efficiency
upgrades that were completed on the facility.
(2) A water resources report that provides the
following information:
(A) the actual volume of water, in kiloliters,
consumed by the qualifying data center over the course
of 12 consecutive months during the previous calendar
year; and
(B) any alterations the qualifying data center
will undertake to improve the data center's water
consumption.
(f) Beginning 180 days after the effective date of this
amendatory Act of the 101st General Assembly, all qualifying
data centers in the State shall meet or exceed the requirements
in the ASHRAE Standard 90.4-2016. The Department may replace
the ASHRAE Standard 90.4-2016 identified in this subsection by
adopting rules consistent with the requirements of the Illinois
Administrative Procedure Act. Whenever the provisions of any
energy efficiency standard imposed or adopted by the Department
are revised by the standard publishing body, including, but not
limited to, ASHRAE, the Department shall, not later than 12
months after the date of such revision, publish a notice of

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determination of whether such revision will improve energy
efficiency in data centers in Illinois. If the Department
publishes an affirmative determination, then, not later than 6
months after the determination, the Department shall, by rule,
adopt the revised energy efficiency standard for qualifying
data centers and immediately notify all qualifying data centers
in the State. Existing qualifying data centers shall be subject
to the revised energy efficiency standard within 24 months
after the Department adopts the revised standard. The
Department shall provide data centers with technical
assistance concerning implementation of the energy efficiency
standard under this Section. The Department shall determine
procedures for compliance with the energy efficiency standard.
These procedures may include, but need not be limited to,
certification by a national, State, or local accredited energy
conservation program or inspections from private certified
inspectors using the ASHRAE Standard 90.4-2016.
(g) A qualifying data center shall ensure that renewable
energy sources fulfill 100% of the facility's electrical energy
consumption. A qualifying data center shall do so through one
or more of the following:
(1) on-site renewable generation;
(2) renewable energy credits purchased by the
facility;
(3) subscription in a renewable energy program by the
provider of electricity to the qualifying facility; or

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(4) any combination of (1), (2) and (3) so that
renewable energy sources fulfill 100% of the facility's
electrical energy consumption.
(h) After the first 12 consecutive months of operation, a
qualifying data center shall reuse at least 50% of wastewater
generated by the data center. The Department, in consultation
with the Illinois Environmental Protection Agency, shall adopt
rules to carry out the provisions of this subsection.
(i) No later than 2 years after the effective date of this
amendatory Act of the 101st General Assembly, and at least
every 2 years thereafter, the Department, in consultation with
the Illinois Commerce Commission, shall make publicly
available a report that contains:
(1) an analysis of the state of data centers in
Illinois and their expected growth;
(2) the total energy usage of qualifying data centers
in the State;
(3) a comparison of energy efficiency of data centers
in the State versus that of data centers in other states;
(4) a review of the energy efficiency reporting
requirements this Section and a determination of whether
the Department will revise the requirements;
(5) a review of the energy efficiency standard in this
Section and a determination of whether the Department will
revise the standard; and
(6) other recommendations for improving energy

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efficiency of the data centers in the State.
The Department shall provide this report to all qualifying
data centers in the State and make the report available to the
public through means similar to which the Department makes
other reports available to the public."; and
on page 5, line 13, by replacing "(d) Beginning" with "(j) In
addition, beginning".