Data centers in Illinois

Signed into law 5

• BRIMPA-DATA CENTER INVESTMENT

  H.B. 2411 Signed August 20, 2021

  What it says and where it is from

  Reinserts the provisions of the introduced bill with changes. Extends the use of the South Suburban Brownfields Redevelopment Fund to 2026 (rather than 2031). Removes changes made to the New Markets Development Program Act concerning qualified equity investments and examination and rulemaking requirements. Makes conforming changes. Effective immediately. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

• SECOND FY2020 BIMP

  S.B. 119 Signed December 13, 2019

  What it says and where it is from

  Creates the Second FY2020 Budget Implementation Act. Provides that the purpose of the Act is to make additional changes to State programs that are necessary to implement the enacted State budget for FY2020. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Motor Fuel Tax Law, the Innovation Development and Economy Act, the Counties Code, the Illinois Municipal Code, the Civic Center Code, the Flood Prevention District Act, the Regional Transportation Authority Act, the Water Commission Act of 1985, and the Environmental Impact Fee Law. In provisions concerning aviation fuel, makes changes concerning aviation fuel tax returns. Makes changes concerning the definition of aviation fuel. Makes technical corrections to consolidate provisions concerning certification of units of local government as having an airport related purpose. Amends the Motor Fuel Tax Law to make a technical correction concerning the Transportation Renewal Fund. Amends the New Markets Development Program Act. In provisions concerning certification of qualified equity investments, modifies the schedule upon which allocation rounds enabled under the Act shall be applied. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois and the Illinois Income Tax Act. Makes changes concerning data centers. Amends the State Finance Act to direct certain fund transfers. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. With respect to the manufacturing and assembly exemption, removes a provision that a certificate of exemption is required for each exempt transaction. Amends the Cigarette Tax Act. Makes changes concerning the distribution of cigarette tax proceeds. Amends the Illinois Municipal Code. Provides that the municipal motor fuel tax shall be imposed as a retailers' occupation tax on the occupation of selling motor fuel. Contains administrative provisions for the collection of the municipal motor fuel tax. Amends the Franchise Tax and License Fee Amnesty Act of 2007. Provides that 2% of all money collected under the Act shall be deposited by the State Treasurer into the Business Services Special Operations Fund (rather than the Franchise Tax and License Fee Amnesty Administration Fund). Contains provisions concerning marketplace facilitators. Amends the Illinois Vehicle Code. Removes language creating a $10 fee for a Junking Certificate issued after July 1, 2019. Effective immediately, except that certain provisions take effect January 1, 2020. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

• USE/OCC TAX-DATA CENTERS

  S.B. 1591 Signed August 2, 2019

  What it says and where it is from

  Amends the Illinois Income Tax Act. Provides that the research and development credit applies for taxable years ending prior to January 1, 2027 (currently, January 1, 2022). Creates an income tax credit for qualified education expenses incurred by an employer on behalf of a qualifying apprentice, subject to certain limitations. Effective immediately. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

• PTELL-QUALIFIED SCHOOL DIST

  S.B. 690 Signed June 28, 2019

  What it says and where it is from

  Creates the Leveling the Playing Field for Illinois Retail Act. Provides that the Department of Revenue shall establish standards for the certification of certified service providers and certified automated systems. Creates the Parking Excise Tax Act. Imposes a tax on the privilege of using a parking space in a parking area or garage for the use of parking one or more motor vehicles. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois to require the Department of Commerce and Economic Opportunity to issue certificates of exemption from the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act, all locally imposed retailers' occupation taxes administered and collected by the Department, the Chicago non titled Use Tax, the Electricity Excise Tax Act, and a credit certification against certain taxes imposed under the Illinois Income Tax Act to qualifying Illinois data centers. Amends the Illinois Income Tax Act, Use Tax Act, Service Use Tax, and Service Occupation Tax Act to make conforming changes. Amends the Retailers' Occupation Tax Act to make conforming changes and to provide that specified remote retailers are liable for all applicable State and locally imposed retailers' occupation taxes on all retail sales to Illinois purchasers. Amends the Cigarette Tax Act and Cigarette Use Tax Act. Imposes a tax upon any person engaged in business as a retailer of cigarettes at the rate of 149 mills per cigarette sold or otherwise disposed of in the course of such business (rather than the aggregate tax rate of 99 mills), which shall be distributed each month into the Capital Projects Fund. Creates the Illinois Works Jobs Program Act. Establishes the Illinois Works Preapprenticeship Program with the goal of creating a network of community based organizations throughout the State that will recruit, prescreen, and provide preapprenticeship skills training. Provides that contractors and subcontractors may receive bid credits for employing apprentices who have completed the program. Creates the Illinois Works Apprenticeship Initiative. Provides that the goal of the initiative is that, for public works projects, apprentices will perform either 10% of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less. Amends the Prevailing Wage Act to require contractors and subcontractors who participate in public works to report each worker's skill level. Creates the Sports Wagering Act. Authorizes sports wagering: by an organization licensee under the Illinois Horse Racing Act of 1975; by an owners licensee under the Illinois Gambling Act; and at or within a 5 block radius of a sports facility. Authorizes the Board to issue 3 online sports wagering operator licenses pursuant to an open and competitive selection process. Includes provisions for licensing sports governing bodies for providing official league data to be used for tier 2 sports wagers. Creates a Lottery sports wagering pilot program. Creates the State Fair Gaming Act. Authorizes video gaming at the Illinois State Fair and the DuQuoin State Fair by a concessioner licensed by the Illinois Gaming Board. Amends the Illinois Horse Racing Act of 1975 and the Riverboat Gambling Act to authorize electronic gaming at racetracks; makes conforming changes in various Acts. Further amends the Illinois Horse Racing Act of 1975. Makes various changes concerning Illinois Racing Board members. Indefinitely extends the authorization for advance deposit wagering. Authorizes the construction of a new racetrack limited to standardbred racing in Cook County. Further amends the Riverboat Gambling Act. Changes the short title to the Illinois Gambling Act; amends various Acts to make corresponding changes. Adds additional owners licenses, one of which authorizes the conduct of casino gambling in the City of Chicago. Increases the number of gaming positions for existing owners licensees. Makes various changes concerning Illinois Gaming Board members. Makes changes in provisions concerning the admission tax and privilege tax. Amends the Video Gaming Act to increase the amount of maximum wagers, to increase the number of terminals licensees may have on their premises, to add provisions restricting licenses in malls, to add provisions concerning licensed large truck stop establishments, and to increase the terminal tax. Amends the State Finance Act to create various special funds in the State treasury. Makes other changes. Effective immediately, except some provisions take effect on January 1, 2020. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

• ESTATE/GEN-SKIPPING TRANSFER

  S.B. 689 Signed June 5, 2019

  What it says and where it is from

  Amends the Use Tax Act and the Service Use Tax Act. Contains provisions concerning marketplace facilitators. Extends the Manufacturing Machinery and Equipment Exemption to production related tangible personal property. Provides that the term "production related tangible personal property" includes certain supplies and consumables used in a manufacturing facility. Amends the Illinois Income Tax Act. Creates a credit for taxpayers who have been awarded a data center certificate of exemption. Provides that the amount of the income tax credit shall be 20% of the wages paid during the taxable year to a full time or part time employee of a construction contractor employed by a certified data center. Amends the Illinois Income Tax Act. Creates a deduction for trusts and estates for certain excess business losses. Creates an addition modification for corporations for certain foreign derived income. Amends the Illinois Public Aid Code. Imposes a managed care organization provider assessment. Amends the Illinois Public Aid Code to create a managed care organization provider assessment. Extends the amnesty period under the Tax Delinquency Amnesty Act and the Franchise Tax and License Fee Amnesty Act of 2007. Amends the Illinois Enterprise Zone Act. Creates a High Impact Business construction jobs credit and an Enterprise Zone construction jobs credit against the taxpayer's Illinois income taxes based on the incremental income tax attributable to laborers or workers employed at certain construction sites located in Enterprise Zones. Amends the Economic Development for a Growing Economy Tax Credit Act. Creates a New Construction EDGE Credit based on the incremental income tax attributable to laborers or workers employed at construction sites associated with EDGE projects. Amends the River Edge Redevelopment Zone Act. Creates a River Edge construction jobs credit based on the incremental income tax attributable to laborers or workers employed at certain construction sites in a River Edge Redevelopment Zone. Requires contractors and subcontractors associated with projects that receive credits under the amendatory Act to file certified payroll information with the Department of Labor and the Department of Commerce and Economic Opportunity. Amends the Business Corporation Act of 1983. Phases out certain franchise taxes. Effective immediately. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

In committee 24, 5 shown here

• LOC GOVT-DATA CENTER

  H.B. 5818 Introduced October 2, 2026

  What it says and where it is from

  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. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

• DATA CENTER REPORTING

  S.B. 2181 In committee May 22, 2026

  What it says and where it is from

  Creates the Illinois Data Center Energy and Water Reporting Act. Defines terms. Provides that, beginning January 1, 2026, all data centers operating within the State shall annually report the data center's energy and water consumption to the Illinois Power Agency for the preceding calendar year. Sets forth requirements for the content of the report. Provides that reports shall be submitted to the Agency no later than March 31 of each year. Sets forth provisions concerning data confidentiality and public access to information and the enforcement of the Act and penalties. Provides that the Agency shall conduct a comprehensive study on the impact that data centers in the State are having on rate paying customers. Sets forth requirements for the content of the study. Provides that the Agency shall submit a report detailing the findings of the study to the General Assembly and the Governor no later than 12 months after the effective date of the Act. Sets forth rulemaking provisions for the Agency. Effective immediately. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

• DCEO-DATA CENTERS

  S.B. 3120 In committee May 22, 2026

  What it says and where it is from

  Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that a new or existing data center is a qualifying data center for purposes of the Act only if it provides in its application details regarding the water stewardship strategy used by it. Requires the Department of Commerce and Economic Opportunity's annual report to the General Assembly and the Governor on data center investments to provides details regarding the water stewardship strategies used by each recipient business. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

• DATA CENTERS-VARIOUS

  S.B. 3761 In committee May 22, 2026

  What it says and where it is from

  Amends the Illinois Power Agency Act. Establishes the data center self direct program to allow for customers taking service under the data center tariff to receive a reduction in the charges collected for the procurement of renewable energy resources. Provides that the reduction in charges available to the customer shall increase based on the energy or capacity value of the new additive clean energy generation's contribution pursuant to the specified requirements. Provides that the Illinois Power Agency may require that participating customers provide annual reports related to facility operation and performance, customer electricity consumption and load profiles, and other information as necessary. Amends the Public Utilities Act. Provides that, on or after January 1, 2027, at least 180 days prior to commencing any construction activities, the data center operator of a proposed data center shall submit a data center disclosure to the Illinois Commerce Commission. Establishes publication and open meeting requirements concerning the data center disclosures. On and after January 1, 2027, requires all data centers operating within the State to maintain water consumption data to submit annual disclosures of the data center's water usage to the Department of Natural Resources. Requires the Department of Natural Resources to make an aggregated and anonymized form of data disclosed to it available on a publicly accessible website. Provides that data centers that fail to comply with any disclosure requirements under the Act may be subject to fines of up to $10,000 per violation. Requires the Department of Natural Resources and the Illinois Commerce Commission to adopt implementing rules. Requires a specified electric utility to, no later than 90 days after the effective date of the amendatory Act, make a filing with the Commission that proposes revenue neutral tariff changes, which shall present the Commission with an opportunity to suspend the tariffs and consider revenue neutral tariff changes related to rate design. Makes other changes. Effective immediately. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

• DATA CENTERS-VARIOUS

  S.B. 3830 In committee May 22, 2026

  What it says and where it is from

  Amends the Illinois Power Agency Act. Establishes the data center self direct program to allow for customers taking service under the data center tariff to receive a reduction in the charges collected for the procurement of renewable energy resources. Provides that the reduction in charges available to the customer shall increase based on the energy or capacity value of the new additive clean energy generation's contribution pursuant to the specified requirements. Provides that the Illinois Power Agency may require that participating customers provide annual reports related to facility operation and performance, customer electricity consumption and load profiles, and other information as necessary. Amends the Public Utilities Act. On and after January 1, 2027, requires all data centers operating within the State and discharging water to a wastewater treatment plant to identify likely pollutants in the data center's water discharges to monitor the data center's water discharges for the likely pollutants and to maintain data on the pollutant levels in water discharges. Requires the Environmental Protection Agency to analyze and assess all data center water pollutant discharge level disclosure data. On and after January 1, 2027, requires all data centers operating within the State to maintain water consumption data to submit annual disclosures of the data center's water usage to the Department of Natural Resources. Requires the Department of Natural Resources to make an aggregated and anonymized form of data disclosed to it available on a publicly accessible website. Provides that data centers that fail to comply with any disclosure requirements under the Act may be subject to fines of up to $10,000 per violation. Requires the Department of Natural Resources and the Illinois Commerce Commission to adopt implementing rules. Requires a specified electric utility to, no later than 90 days after the effective date of the amendatory Act, make a filing with the Commission that proposes revenue neutral tariff changes, which shall present the Commission with an opportunity to suspend the tariffs and consider revenue neutral tariff changes related to rate design. Amends the Water Use Act of 1983. Makes changes in provisions concerning water conflict resolution and groundwater emergency restrictions. Sets forth requirements for data centers under the Act. Makes other changes. Effective immediately. As published by the legislature, found through LegiScan.

  Source: the legislature's page (opens in a new tab). Found through LegiScan.

19 more in committee on the Illinois laws page.