Bill Text: IL HB5818 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Counties Code. Allows a county to establish standards for the construction of data centers by ordinance. Provides that the standards may include, without limitation, the size, height, and design of structures and the number of facilities that may be located within a geographic area. Provides that a county may regulate the siting of data centers in unincorporated areas of the county outside of the zoning jurisdiction of a municipality and may establish other specified standards. Sets forth provisions concerning notice and hearings. Provides that any provision of a county zoning ordinance pertaining to data centers that is in effect prior to the effective date may remain in effect. Amends the Illinois Municipal Code. Provides that a municipality may, by ordinance, regulate the siting of data centers within the municipality's zoning jurisdiction, including the 1.5-mile radius surrounding its zoning jurisdiction, and may establish other specified standards. Sets forth provisions concerning notice and hearings.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2026-10-02 - Filed with the Clerk by Rep. Christopher "C.D." Davidsmeyer [HB5818 Detail]

Download: Illinois-2025-HB5818-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5818 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12025 new
65 ILCS 5/11-13-30 new
Amends the Counties Code. Allows a county to establish standards for the construction of data centers by ordinance. Provides that the standards may include, without limitation, the size, height, and design of structures and the number of facilities that may be located within a geographic area. Provides that a county may regulate the siting of data centers in unincorporated areas of the county outside of the zoning jurisdiction of a municipality and may establish other specified standards. Sets forth provisions concerning notice and hearings. Provides that any provision of a county zoning ordinance pertaining to data centers that is in effect prior to the effective date may remain in effect. Amends the Illinois Municipal Code. Provides that a municipality may, by ordinance, regulate the siting of data centers within the municipality's zoning jurisdiction, including the 1.5-mile radius surrounding its zoning jurisdiction, and may establish other specified standards. Sets forth provisions concerning notice and hearings.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-12025 as follows:
(55 ILCS 5/5-12025 new)
Sec. 5-12025. Data centers.
(a) As used in this Section, "data center" means a
facility:
(1) whose primary services are the storage,
management, and processing of digital data; and
(2) that is used to house the following:
(A) computer and network systems, including
associated components, such as servers, network
equipment and appliances, telecommunications, and data
storage systems;
(B) systems for monitoring and managing
infrastructure performance;
(C) internet-related equipment and services;
(D) data communications connections;
(E) environmental controls;
(F) fire protection systems; and
(G) security systems and services.

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(b) A county may, by ordinance, establish standards for
the construction of data centers. The standards may include,
without limitation, the size, height, and design of structures
and the number of data centers that may be located within a
geographic area. A county may also regulate the siting of data
centers in unincorporated areas of the county outside of the
zoning jurisdiction of a municipality. A county may establish
additional standards for data centers to protect the
availability, sustainability, and purity of water and other
water resources, including limitations on water withdrawal,
requirements for water reuse or conservation systems, and
safeguards to prevent contamination. A county may also
establish reasonable standards to mitigate noise pollution.
(c) There shall be at least one public hearing not more
than 30 days prior to a siting decision by the county board.
Notice of the hearing shall be published in a newspaper of
general circulation in the county.
(d) Notwithstanding any requirements of this Section, any
provision of a county zoning ordinance pertaining to data
centers that is in effect prior to the effective date of this
amendatory Act of the 104th General Assembly may remain in
effect.
Section 10. The Illinois Municipal Code is amended by
adding Section 11-13-30 as follows:

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(65 ILCS 5/11-13-30 new)
Sec. 11-13-30. Data centers.
(a) As used in this Section, "data center" means a
facility:
(1) whose primary services are the storage,
management, and processing of digital data; and
(2) that is used to house the following:
(A) computer and network systems, including
associated components, such as servers, network
equipment and appliances, telecommunications, and data
storage systems;
(B) systems for monitoring and managing
infrastructure performance;
(C) internet-related equipment and services;
(D) data communications connections;
(E) environmental controls;
(F) fire protection systems; and
(G) security systems and services.
(b) A municipality may, by ordinance, regulate the siting
of data centers within the municipality's zoning jurisdiction,
including the 1.5-mile radius surrounding its zoning
jurisdiction. A municipality may establish reasonable
standards for data centers to protect the availability,
sustainability, and purity of water and other water resources,
including limitations on water withdrawal, requirements for
water reuse or conservation systems, and safeguards to prevent

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contamination. A municipality may also establish additional
standards to mitigate noise pollution.
(c) There shall be at least one public hearing not more
than 30 days prior to a siting decision by the corporate
authorities of a municipality. Notice of the hearing shall be
published in a newspaper of general circulation in the
municipality.