Bill Amendment: IL SB2181 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DATA CENTER REPORTING
Status: 2026-05-22 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2181 Detail]
Download: Illinois-2025-SB2181-Senate_Amendment_001.html
Bill Title: DATA CENTER REPORTING
Status: 2026-05-22 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2181 Detail]
Download: Illinois-2025-SB2181-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 2181 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 2181 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Public Utilities Act is amended by adding | ||||||
| 5 | Section 4-620 as follows: | ||||||
| 6 | (220 ILCS 5/4-620 new) | ||||||
| 7 | Sec. 4-620. Energy and water reporting requirements. | ||||||
| 8 | (a) As used in this Section: | ||||||
| 9 | "Data center" means a facility: | ||||||
| 10 | (1) whose primary services are the storage, | ||||||
| 11 | management, and processing of digital data; and | ||||||
| 12 | (2) that is used to house: | ||||||
| 13 | (A) computer and network systems, including | ||||||
| 14 | associated components such as servers, network | ||||||
| 15 | equipment and appliances, telecommunications, and data | ||||||
| 16 | storage systems; | ||||||
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| 1 | (B) systems for monitoring and managing | ||||||
| 2 | infrastructure performance; | ||||||
| 3 | (C) Internet-related equipment and services; | ||||||
| 4 | (D) data communications connections; | ||||||
| 5 | (E) environmental controls; | ||||||
| 6 | (F) fire protection systems; and | ||||||
| 7 | (G) security systems and service. | ||||||
| 8 | "Data center" does not include an entity located within an | ||||||
| 9 | area approved by the Department of Commerce and Economic | ||||||
| 10 | Opportunity as a quantum computing campus enterprise zone | ||||||
| 11 | pursuant to Section 605-1115 of the Department of Commerce and | ||||||
| 12 | Economic Opportunity Law as of May 1, 2025 or an entity owned | ||||||
| 13 | and operated by a federally funded research and development | ||||||
| 14 | center, as defined in 48 CFR 35.017, as of May 1, 2025. | ||||||
| 15 | "Energy consumption" means the total amount of electricity | ||||||
| 16 | or other forms of energy consumed by a data center. | ||||||
| 17 | "Water consumption" means the total amount of water | ||||||
| 18 | consumed by a data center, including water used for cooling, | ||||||
| 19 | measured in gallons. | ||||||
| 20 | (b) The purpose of this Section is to ensure transparency | ||||||
| 21 | regarding the environmental impacts of data centers operating | ||||||
| 22 | within the State by requiring the disclosure of energy usage | ||||||
| 23 | data to the Commission and water usage data to the Department | ||||||
| 24 | of Natural Resources. | ||||||
| 25 | (c) On and after January 1, 2027, all data centers | ||||||
| 26 | operating within the State shall maintain water consumption | ||||||
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| 1 | data so as to submit annual disclosures of the data center's | ||||||
| 2 | water usage that fulfill the requirements of this subsection | ||||||
| 3 | (c) to the Department of Natural Resources for the preceding | ||||||
| 4 | calendar year. | ||||||
| 5 | The data center's water use disclosures shall be submitted | ||||||
| 6 | to the Department of Natural Resources no later than March 31, | ||||||
| 7 | 2028 and March 31 of each year thereafter. A data center's | ||||||
| 8 | water usage disclosure must include, at a minimum: | ||||||
| 9 | (1) the data center's total water consumption for the | ||||||
| 10 | previous calendar year, broken down by month; | ||||||
| 11 | (2) an estimate of the amount of water used for | ||||||
| 12 | cooling, such as water used to absorb and remove heat from | ||||||
| 13 | servers, storage systems, power supplies, or other | ||||||
| 14 | equipment; and | ||||||
| 15 | (3) measures that the data center implemented in the | ||||||
| 16 | previous calendar year to reduce water usage. | ||||||
| 17 | The data and information required to be disclosed to the | ||||||
| 18 | Department of Natural Resources under this subsection shall be | ||||||
| 19 | treated and maintained by the Department of Natural Resources | ||||||
| 20 | as confidential and proprietary, and shall be exempt from | ||||||
| 21 | disclosure under subparagraphs (a) and (g) of paragraph (1) of | ||||||
| 22 | Section 7 of the Freedom of Information Act. The Office of the | ||||||
| 23 | Attorney General shall have access to, and maintain the | ||||||
| 24 | confidentiality of, such information pursuant to Section 6.5 | ||||||
| 25 | of the Attorney General Act. | ||||||
| 26 | The Department of Natural Resources shall make an | ||||||
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| 1 | aggregated and anonymized form of the data disclosed to it | ||||||
| 2 | under this Section available on a publicly accessible web | ||||||
| 3 | page. The Department of Natural Resources shall update this | ||||||
| 4 | web page, at a minimum, annually, so that current aggregated | ||||||
| 5 | and anonymized data is accessible to the public. | ||||||
| 6 | The Department of Natural Resources shall adopt any rules | ||||||
| 7 | necessary to implement the provisions of this subsection (c). | ||||||
| 8 | (d) On and after January 1, 2027, all data centers | ||||||
| 9 | operating within the State shall maintain energy consumption | ||||||
| 10 | data so as to submit annual disclosures of the data center's | ||||||
| 11 | energy usage that fulfill the requirements of this subsection | ||||||
| 12 | (d) to the Commission for the preceding calendar year. | ||||||
| 13 | The data center's energy use disclosures shall be | ||||||
| 14 | submitted to the Commission no later than March 31, 2028 and | ||||||
| 15 | March 31 of each year thereafter. A data center's energy usage | ||||||
| 16 | disclosures must include, at a minimum: | ||||||
| 17 | (1) the total energy consumption for the previous | ||||||
| 18 | calendar year, broken down by month and specifying whether | ||||||
| 19 | the energy consumed was supplied through the grid or a | ||||||
| 20 | collocated generation source, or some combination of the | ||||||
| 21 | 2; and | ||||||
| 22 | (2) measures that the data center implemented in the | ||||||
| 23 | previous calendar year to improve energy efficiency. | ||||||
| 24 | The data and information required to be disclosed to the | ||||||
| 25 | Commission under this subsection shall be treated and | ||||||
| 26 | maintained by the Commission as confidential and proprietary, | ||||||
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| 1 | and shall be exempt from disclosure under subparagraphs (a) | ||||||
| 2 | and (g) of paragraph (1) of Section 7 of the Freedom of | ||||||
| 3 | Information Act. The Office of the Attorney General shall have | ||||||
| 4 | access to, and maintain the confidentiality of, such | ||||||
| 5 | information pursuant to Section 6.5 of the Attorney General | ||||||
| 6 | Act. | ||||||
| 7 | The Commission shall make the aggregated and anonymized | ||||||
| 8 | form of the data disclosed to it under this subsection | ||||||
| 9 | available on a publicly accessible web page. | ||||||
| 10 | The Commission shall publish an annual report summarizing | ||||||
| 11 | statewide energy consumption trends of data centers, | ||||||
| 12 | including, but not limited to, legislative recommendations to | ||||||
| 13 | address identified issues. | ||||||
| 14 | (e) The Commission shall conduct a comprehensive study on | ||||||
| 15 | the impact that data centers in the State have on rate-paying | ||||||
| 16 | customers. The study shall include, but is not limited to, the | ||||||
| 17 | following: | ||||||
| 18 | (1) the energy consumption of data centers and the | ||||||
| 19 | facilities' effects on overall electricity demand in the | ||||||
| 20 | State; | ||||||
| 21 | (2) the extent to which data centers contribute to | ||||||
| 22 | electricity rate changes for residential, commercial, and | ||||||
| 23 | industrial customers; | ||||||
| 24 | (3) the environmental impact of data centers in the | ||||||
| 25 | State; and | ||||||
| 26 | (4) potential legislation to mitigate any negative | ||||||
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| 1 | impacts of data centers on rate-paying customers. | ||||||
| 2 | The Commission may hire consultants and experts to conduct | ||||||
| 3 | the study under this subsection (e), and the retention of the | ||||||
| 4 | consultants and experts shall be exempt from the requirements | ||||||
| 5 | of Section 20-10 of the Illinois Procurement Code. | ||||||
| 6 | In conducting the study under this subsection, the | ||||||
| 7 | Commission shall: | ||||||
| 8 | (i) consult with stakeholders, including, but not | ||||||
| 9 | limited to, public utilities, data center facility | ||||||
| 10 | operators, consumer advocacy groups, and environmental | ||||||
| 11 | organizations; | ||||||
| 12 | (ii) analyze data from public utilities and other | ||||||
| 13 | relevant sources to assess the energy consumption and rate | ||||||
| 14 | impacts associated with data centers; and | ||||||
| 15 | (iii) consider best practices from other states in | ||||||
| 16 | managing the energy and rate impacts of data centers. | ||||||
| 17 | The Commission shall submit a report detailing the | ||||||
| 18 | findings of the study under this subsection to the General | ||||||
| 19 | Assembly and the Governor no later than March 31, 2028. | ||||||
| 20 | (f) The Commission shall adopt any rules necessary to | ||||||
| 21 | implement the provisions of this Section. | ||||||
| 22 | (g) Data centers that fail to comply with any disclosure | ||||||
| 23 | requirements under this Section may be subject to fines of up | ||||||
| 24 | to $10,000 per violation. All funds collected under this | ||||||
| 25 | subsection shall be deposited into the Energy Efficiency Trust | ||||||
| 26 | Fund. | ||||||
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| 1 | Section 99. Effective date. This Act takes effect upon | ||||||
| 2 | becoming law.". | ||||||
