103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3980
 
Introduced 10/30/2024, by Sen. Sue Rezin
 
SYNOPSIS AS INTRODUCED:
 
New Act
    Creates the Data Center Construction by Foreign Adversaries Act. Provides that no foreign company may construct or cause to be constructed a data center in the State unless the Illinois Commerce Commission, the Illinois Power Agency, and the Department of Commerce and Economic Opportunity conduct a joint study of the energy consumption of the prospective data center and certify to the Governor and the General Assembly that the energy used by the new data center is a new self-generated load and does not affect the load supply of PJM or MISO. Provides that the term "foreign company" means an entity that (i) is at least 51% owned by a foreign adversary or (ii) is headquartered in a country with a government that is a foreign adversary.


LRB103 42833 HLH 76084 b

 
 
A BILL FOR
 
SB3980LRB103 42833 HLH 76084 b

1    AN ACT concerning data centers.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Data 
5Center Construction by Foreign Adversaries Act.
 
6    Section 5. Data center construction by foreign adversaries 
7prohibited. 
8    (a) Notwithstanding any other provision of law, on and 
9after the effective date of this Act, no foreign company may 
10construct or cause to be constructed a data center in the State 
11unless the Illinois Commerce Commission, the Illinois Power 
12Agency, and the Department of Commerce and Economic 
13Opportunity conduct a joint study of the energy consumption of 
14the prospective data center and certify to the Governor and 
15the General Assembly that the energy estimated to be used by 
16the data center is a self-generated load and does not affect 
17the load supply of PJM or MISO.
18    (b) As used in this Section:
19    "Company" means a sole proprietorship, organization, 
20association, corporation, partnership, joint venture, limited 
21partnership, limited liability partnership, limited liability 
22company, or other entity or business association, including 
23all wholly owned subsidiaries, majority-owned subsidiaries, 
 
 
SB3980- 2 -LRB103 42833 HLH 76084 b

1parent companies, or affiliates of those entities or business 
2associations.
3    "Data center" has the meaning given to that term in 
4Section 605-1025 of the Department of Commerce and Economic 
5Opportunity Law of the Civil Administrative Code of Illinois.
6    "Foreign company" means a company that:
7        (1) is at least 51% owned by a foreign adversary, as 
8    defined in 15 CFR 791.2; or
9        (2) is headquartered in a country with a government 
10    that is a foreign adversary, as defined in 15 CFR 791.2.
11    "MISO" means the regional transmission organization known 
12as the Midcontinent Independent System Operator, Inc.
13    "PJM" means the regional transmission organization known 
14as PJM Interconnection, LLC.