SB2181sam001 104TH GENERAL ASSEMBLY

Sen. Steve Stadelman

Filed: 3/31/2026

10400SB2181sam001 LRB104 10776 AAS 36043 a

AMENDMENT TO SENATE BILL 2181

AMENDMENT NO. ______. Amend Senate Bill 2181 by replacing everything after the enacting clause with the following:

"Section 5. The Public Utilities Act is amended by adding Section 4-620 as follows:

(220 ILCS 5/4-620 new)

Sec. 4-620. Energy and water reporting requirements.

(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:

(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 service.

"Data center" does not include an entity located within an area approved by the Department of Commerce and Economic Opportunity as a quantum computing campus enterprise zone pursuant to Section 605-1115 of the Department of Commerce and Economic Opportunity Law as of May 1, 2025 or an entity owned and operated by a federally funded research and development center, as defined in 48 CFR 35.017, as of May 1, 2025.

"Energy consumption" means the total amount of electricity or other forms of energy consumed by a data center.

"Water consumption" means the total amount of water consumed by a data center, including water used for cooling, measured in gallons.

(b) The purpose of this Section is to ensure transparency regarding the environmental impacts of data centers operating within the State by requiring the disclosure of energy usage data to the Commission and water usage data to the Department of Natural Resources.

(c) On and after January 1, 2027, all data centers operating within the State shall maintain water consumption data so as to submit annual disclosures of the data center's water usage that fulfill the requirements of this subsection (c) to the Department of Natural Resources for the preceding calendar year.

The data center's water use disclosures shall be submitted to the Department of Natural Resources no later than March 31, 2028 and March 31 of each year thereafter. A data center's water usage disclosure must include, at a minimum:

(1) the data center's total water consumption for the previous calendar year, broken down by month;

(2) an estimate of the amount of water used for cooling, such as water used to absorb and remove heat from servers, storage systems, power supplies, or other equipment; and

(3) measures that the data center implemented in the previous calendar year to reduce water usage.

The data and information required to be disclosed to the Department of Natural Resources under this subsection shall be treated and maintained by the Department of Natural Resources as confidential and proprietary, and shall be exempt from disclosure under subparagraphs (a) and (g) of paragraph (1) of Section 7 of the Freedom of Information Act. The Office of the Attorney General shall have access to, and maintain the confidentiality of, such information pursuant to Section 6.5 of the Attorney General Act.

The Department of Natural Resources shall make an aggregated and anonymized form of the data disclosed to it under this Section available on a publicly accessible web page. The Department of Natural Resources shall update this web page, at a minimum, annually, so that current aggregated and anonymized data is accessible to the public.

The Department of Natural Resources shall adopt any rules necessary to implement the provisions of this subsection (c).

(d) On and after January 1, 2027, all data centers operating within the State shall maintain energy consumption data so as to submit annual disclosures of the data center's energy usage that fulfill the requirements of this subsection (d) to the Commission for the preceding calendar year.

The data center's energy use disclosures shall be submitted to the Commission no later than March 31, 2028 and March 31 of each year thereafter. A data center's energy usage disclosures must include, at a minimum:

(1) the total energy consumption for the previous calendar year, broken down by month and specifying whether the energy consumed was supplied through the grid or a collocated generation source, or some combination of the 2; and

(2) measures that the data center implemented in the previous calendar year to improve energy efficiency.

The data and information required to be disclosed to the Commission under this subsection shall be treated and maintained by the Commission as confidential and proprietary, and shall be exempt from disclosure under subparagraphs (a) and (g) of paragraph (1) of Section 7 of the Freedom of Information Act. The Office of the Attorney General shall have access to, and maintain the confidentiality of, such information pursuant to Section 6.5 of the Attorney General Act.

The Commission shall make the aggregated and anonymized form of the data disclosed to it under this subsection available on a publicly accessible web page.

The Commission shall publish an annual report summarizing statewide energy consumption trends of data centers, including, but not limited to, legislative recommendations to address identified issues.

(e) The Commission shall conduct a comprehensive study on the impact that data centers in the State have on rate-paying customers. The study shall include, but is not limited to, the following:

(1) the energy consumption of data centers and the facilities' effects on overall electricity demand in the State;

(2) the extent to which data centers contribute to electricity rate changes for residential, commercial, and industrial customers;

(3) the environmental impact of data centers in the State; and

(4) potential legislation to mitigate any negative impacts of data centers on rate-paying customers.

The Commission may hire consultants and experts to conduct the study under this subsection (e), and the retention of the consultants and experts shall be exempt from the requirements of Section 20-10 of the Illinois Procurement Code.

In conducting the study under this subsection, the Commission shall:

(i) consult with stakeholders, including, but not limited to, public utilities, data center facility operators, consumer advocacy groups, and environmental organizations;

(ii) analyze data from public utilities and other relevant sources to assess the energy consumption and rate impacts associated with data centers; and

(iii) consider best practices from other states in managing the energy and rate impacts of data centers.

The Commission shall submit a report detailing the findings of the study under this subsection to the General Assembly and the Governor no later than March 31, 2028.

(f) The Commission shall adopt any rules necessary to implement the provisions of this Section.

(g) Data centers that fail to comply with any disclosure requirements under this Section may be subject to fines of up to $10,000 per violation. All funds collected under this subsection shall be deposited into the Energy Efficiency Trust Fund.

Section 99. Effective date. This Act takes effect upon becoming law.".