SB1050sam001 104TH GENERAL ASSEMBLY

Sen. Darby A. Hills

Filed: 5/20/2026

10400SB1050sam001 LRB104 05387 TRT 36760 a

AMENDMENT TO SENATE BILL 1050

AMENDMENT NO. ______. Amend Senate Bill 1050 by replacing everything after the enacting clause with the following:

"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) For the purposes of 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 (i) computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications, and data storage systems, (ii) systems for monitoring and managing infrastructure performance, (iii) Internet-related equipment and services, (iv) data communications connections, (v) environmental controls, (vi) fire protection systems, and (vii) security systems and services.

(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 facilities 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 and the 1.5-mile radius surrounding the zoning jurisdiction of a municipality. A county may not allow the siting of a data center within 3 miles of the corporate boundaries of another municipality unless the corporate authorities of that municipality have granted prior written consent. 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 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 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:

(65 ILCS 5/11-13-30 new)

Sec. 11-13-30. Data centers.

(a) For the purposes of 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 (i) computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications, and data storage systems, (ii) systems for monitoring and managing infrastructure performance, (iii) Internet-related equipment and services, (iv) data communications connections, (v) environmental controls, (vi) fire protection systems, and (vii) security systems and services.

(b) A municipality may by ordinance regulate the siting of data centers within the municipality's zoning jurisdiction and within the 1.5-mile radius surrounding its zoning jurisdiction. A municipality may not allow the siting of a data center within 3 miles of the corporate boundaries of another municipality unless the corporate authorities of that municipality have granted prior written consent. A municipality 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 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.".