HB5755 104TH GENERAL ASSEMBLY

LRB104 21525 TRT 36884 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5755

Introduced , by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-13-30 new

Amends the Illinois Municipal Code. Provides that, before a municipality grants an application for siting approval of a data center the corporate authorities of a municipality in which the facility will be located or the zoning board of appeals for the municipality shall hold at least one public hearing. Provides that notice of a public hearing shall be published in a newspaper of general circulation. Provides that the siting of a data center shall be subject to back-door referendum. Provides that a back-door referendum shall be held within 60 days after the municipality publishes notice of the application for sitting approval of the data center, a petition is filed with the municipal clerk and signed by the necessary number of electors, asking that the application for siting approval of the data center be submitted to referendum. Sets forth the requirements of notice. Provides that the municipal clerk must certify the question for submission at a regularly scheduled election held in accordance with general election law. Sets forth the requirements of a back-door referendum. Defines "data center" and "application for siting approval of a data center".

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. 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 center zoning.

(a) As used in this Section:

"Application for siting approval of a data center" means an application for a municipality to approve the siting of a data center, to issue a special use permit for a data center, or to modify a previously granted local siting approval or special use permit for a data center.

"Data center" means:

(1) any qualifying Illinois data center as defined in Section 605-1025 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois; or

(2) any facility with a combined connected load that is greater than or equal to 5 megawatts and that is used:

(A) to provide digital data storage, management, and processing; and

(B) to house computer and network systems, including associated components, such as servers, network equipment and appliances, telecommunications, and data storage systems; systems for monitoring and managing infrastructure performance; Internet-related equipment and services; data communications connections; environmental controls; fire protection systems; and security systems and services.

(b) Before a municipality may grant an application for siting approval of a data center, the corporate authorities of the municipality in which the facility will be located or the zoning board of appeals for the municipality shall hold at least one public hearing concerning the application.

(c) The public hearing shall be conducted in accordance with the Open Meetings Act within 60 days after the municipality receives the application for siting approval of the data center. The corporate authorities of the municipality shall allow interested parties an opportunity to present evidence and to cross-examine witnesses at the hearing, but the municipality may impose reasonable restrictions on the public hearing, including reasonable time limitations on the presentation of evidence and the cross-examination of witnesses. The municipality shall also allow public comment at the public hearing in accordance with the Open Meetings Act. Notice of the hearing shall be published in a newspaper of general circulation in the municipality.

(d) The siting of a data center by a municipality is subject to back-door referendum approval. If a municipality receives an application for siting approval of a data center, the corporate authorities of the municipality in which the facility will be located shall publish the notice of the application and the notice of the back-door referendum within a newspaper of general circulation and on the municipality's website if the municipality maintains a website.

(1) The notice shall include all of the following information:

(A) The notice shall include the specific number of electors required to sign a petition requesting that the application for siting approval of the data center be submitted for referendum approval. For purposes of this paragraph, the necessary number of petition signatures must be a number that is equal to 15% of the total votes cast in the municipality in the most recent general election.

(B) The notice shall specify the time by which the petition must be filed.

(C) The notice shall include the date of the next regularly scheduled election at which the referendum may be held.

(2) If a petition is filed with the municipal clerk and signed by the necessary number of electors, within 60 days after the municipality publishes the notice of the application for siting approval of a data center, asking that the application for siting approval of the data center be submitted to referendum, the municipal clerk shall certify the question for submission at a regularly scheduled election held in accordance with general election law.

(3) The referendum language shall contain a suitable description of the application for siting approval of the data center, including parameters, size, location, and scale of the data center.

The election authority of the municipality must submit the question in substantially the following form:

Shall (owner of proposed) be authorized to place a data center at (location) for (purpose)?

The election authority must record the votes as "Yes" or "No".

(4) If a majority of the electors voting on the application for siting approval of the data center vote in favor of locating the proposed data center within the municipality, the municipality may approve the application after the results of the election are certified by the proper election authority. If the majority of the electors voting on the application for siting approval of the data center vote against locating the data center within the municipality, then the municipality shall not approve the application. If no petition is filed with the municipal clerk within 60 days after publication or posting of the notice of application, the municipality may thereafter approve or deny the application for sitting approval of the data center.