HB3412ham001 101ST GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 3/20/2019

10100HB3412ham001 LRB101 08764 HLH 57768 a

AMENDMENT TO HOUSE BILL 3412

AMENDMENT NO. ______. Amend House Bill 3412 on page 1, immediately below line 16, by inserting the following:

""ASHRAE Standard 90.4-2016" means the Energy Standard for Data Centers published by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers."; and

on page 5, immediately below line 12, by inserting the following:

"(d) New and existing data centers seeking a certificate of exemption for new or existing facilities shall submit, with respect to each application, a response in a form and manner specified by the Department, which includes the following:

(1) An energy usage plan that provides the following information:

(A) the expected quantity of electrical energy, in kilowatt-hours, needed to fulfill 100% of the anticipated electrical energy needs of the data center:

(i) over the course of the first 12 consecutive months of operation; and

(ii) on average, over the course of 12 consecutive months, excluding the first 12 months of operation; and

(B) documentation of the expected quantity of renewable energy to be generated on site or purchased by the data center through renewable energy credits or otherwise delivered to the site.

(2) A water resources plan that provides the following information:

(A) the expected volume of water, in kiloliters, needed to fulfill 100% of the anticipated water consumption needs of the data center over the course of 12 consecutive months; and

(B) the data center's policy for sustainable water use and water conservation.

(e) To maintain its certificate of exemption, a qualifying data center shall provide the following to the Department each calendar year by June 1:

(1) An energy usage report that provides the following information:

(A) the actual quantity of electrical energy, in kilowatt-hours, consumed annually by the qualifying data center during the previous calendar year;

(B) any alterations the qualifying data center proposes to undertake to improve the facility's electrical energy consumption; and

(C) documentation of any energy efficiency upgrades that were completed on the facility.

(2) A water resources report that provides the following information:

(A) the actual volume of water, in kiloliters, consumed by the qualifying data center over the course of 12 consecutive months during the previous calendar year; and

(B) any alterations the qualifying data center will undertake to improve the data center's water consumption.

(f) Beginning 180 days after the effective date of this amendatory Act of the 101st General Assembly, all qualifying data centers in the State shall meet or exceed the requirements in the ASHRAE Standard 90.4-2016. The Department may replace the ASHRAE Standard 90.4-2016 identified in this subsection by adopting rules consistent with the requirements of the Illinois Administrative Procedure Act. Whenever the provisions of any energy efficiency standard imposed or adopted by the Department are revised by the standard publishing body, including, but not limited to, ASHRAE, the Department shall, not later than 12 months after the date of such revision, publish a notice of determination of whether such revision will improve energy efficiency in data centers in Illinois. If the Department publishes an affirmative determination, then, not later than 6 months after the determination, the Department shall, by rule, adopt the revised energy efficiency standard for qualifying data centers and immediately notify all qualifying data centers in the State. Existing qualifying data centers shall be subject to the revised energy efficiency standard within 24 months after the Department adopts the revised standard. The Department shall provide data centers with technical assistance concerning implementation of the energy efficiency standard under this Section. The Department shall determine procedures for compliance with the energy efficiency standard. These procedures may include, but need not be limited to, certification by a national, State, or local accredited energy conservation program or inspections from private certified inspectors using the ASHRAE Standard 90.4-2016.

(g) A qualifying data center shall ensure that renewable energy sources fulfill 100% of the facility's electrical energy consumption. A qualifying data center shall do so through one or more of the following:

(1) on-site renewable generation;

(2) renewable energy credits purchased by the facility;

(3) subscription in a renewable energy program by the provider of electricity to the qualifying facility; or

(4) any combination of (1), (2) and (3) so that renewable energy sources fulfill 100% of the facility's electrical energy consumption.

(h) After the first 12 consecutive months of operation, a qualifying data center shall reuse at least 50% of wastewater generated by the data center. The Department, in consultation with the Illinois Environmental Protection Agency, shall adopt rules to carry out the provisions of this subsection.

(i) No later than 2 years after the effective date of this amendatory Act of the 101st General Assembly, and at least every 2 years thereafter, the Department, in consultation with the Illinois Commerce Commission, shall make publicly available a report that contains:

(1) an analysis of the state of data centers in Illinois and their expected growth;

(2) the total energy usage of qualifying data centers in the State;

(3) a comparison of energy efficiency of data centers in the State versus that of data centers in other states;

(4) a review of the energy efficiency reporting requirements this Section and a determination of whether the Department will revise the requirements;

(5) a review of the energy efficiency standard in this Section and a determination of whether the Department will revise the standard; and

(6) other recommendations for improving energy efficiency of the data centers in the State.

The Department shall provide this report to all qualifying data centers in the State and make the report available to the public through means similar to which the Department makes other reports available to the public."; and

on page 5, line 13, by replacing "(d) Beginning" with "(j) In addition, beginning".