SB3578 104TH GENERAL ASSEMBLY

LRB104 16287 HLH 29672 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3578

Introduced 2/5/2026, 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.

A BILL FOR

AN ACT concerning data centers.

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

Section 1. Short title. This Act may be cited as the Data Center Construction by Foreign Adversaries Act.

Section 5. Data center construction by foreign adversaries prohibited.

(a) As used in this Section:

"Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations.

"Data center" has the meaning given to that term in Section 605-1025 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois.

"Foreign company" means a company that:

(1) is at least 51% owned by a foreign adversary, as defined in 15 CFR 791.2; or

(2) is headquartered in a country with a government that is a foreign adversary, as defined in 15 CFR 791.2.

"MISO" means the regional transmission organization known as the Midcontinent Independent System Operator, Inc.

"PJM" means the regional transmission organization known as PJM Interconnection, LLC.

(b) Notwithstanding any other provision of law, on and after the effective date of this Act, 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 estimated to be used by the data center is a self-generated load and does not affect the load supply of PJM or MISO.