SB3830sam002 104TH GENERAL ASSEMBLY

Sen. Rachel Ventura

Filed: 4/27/2026

10400SB3830sam002 LRB104 19821 AAS 37103 a

AMENDMENT TO SENATE BILL 3830

AMENDMENT NO. ______. Amend Senate Bill 3830 by replacing everything after the enacting clause with the following:

"Section 5. The Public Utilities Act is amended by adding Sections 3-106, 3-107, 3-108, and 8-508.5 as follows:

(220 ILCS 5/3-106 new)

Sec. 3-106. Load-serving entity. "Load-serving entity" means a public utility, an electric cooperative, an alternative retail electric supplier as defined in Section 16-102, or a municipal utility.

(220 ILCS 5/3-107 new)

Sec. 3-107. Reliability backstop procurement. "Reliability backstop procurement" means any mechanism, however that mechanism is constituted, that is approved by PJM Interconnection, LLC (PJM) or the Midcontinent Independent System Operator (MISO) to procure long-term contracts for new capacity resources that are deemed necessary to ensure electric system reliability during periods when market-based approaches are insufficient to meet forecasted needs.

(220 ILCS 5/3-108 new)

Sec. 3-108. Electric distribution company. "Electric distribution company" means any entity that owns, operates, or leases with rights equivalent to ownership electric distribution facilities that are used to provide electric distribution service to any electric load in Illinois, whether or not the entity is subject to the jurisdiction of the Commission. "Electric distribution company" includes a public utility, an electric cooperative, and a municipal utility.

(220 ILCS 5/8-508.5 new)

Sec. 8-508.5. Hyperscale data center load curtailment.

(a) As used in this Section, "hyperscale data center" means a facility used primarily or exclusively for electronic information services, such as the management, storage, processing, and dissemination of electronic data and information through the use of computer systems, servers, networking equipment, and related components, where the total highest demand established by the facility during the most recent 12 consecutive monthly billing periods or a forecast of its next 12 consecutive monthly billing periods was more than 50,000 kilowatts.

(b) Any curtailment obligation or directive from a regional transmission organization assigned to a load-serving entity, transmission owner, or electric distribution company and associated with the load-serving entity's, transmission owner's, or electric distribution company's provision of service to a hyperscale data center shall be passed through to the hyperscale data center that gave rise to the curtailment obligation or directive to the extent possible, and no other customer shall be assigned any curtailment responsibility. Not excluding other possible bases for a regional transmission organization to assign curtailment to a load-serving entity, transmission owner, or electric distribution company based on large load service, which shall also be subject to this subsection (b), this subsection (b) shall apply to any hyperscale data centers operating under PJM's connect-and-manage framework or any other non-firm service status in PJM or MISO.

Nothing in this subsection (b) is intended to prevent or hinder any action by a load-serving entity or an electric distribution company that is necessary to maintain system reliability or the entity's or company's participation in voluntary load curtailment programs.

(c) Any financial or other obligation assigned in 2026, 2027, or 2028 to a load-serving entity associated with PJM's reliability backstop procurement of new capacity undertaken for large load additions, as defined by PJM, or another comparable service from a regional transmission organization, shall be passed through to each hyperscale data center that gave rise to the financial or other obligation to the extent possible, and no other customer of the load-serving entity shall be assigned any financial responsibility.

(d) Any financial or other obligation assigned in 2026, 2027, or 2028 to a load-serving entity associated with the reliability backstop procurement of new capacity for a regional shortfall shall be passed through to hyperscale data center customers scheduled to connect to the grid or increase the size of the customer's existing connection after April 28, 2025 in proportion to each hyperscale data center customer's requested capacity relative to the total requested capacity of the hyperscale data center customers that are served by the load-serving entity and under terms that are comparable to the terms under which the regional transmission organization assigned such obligation to the load-serving entity. No hyperscale data center customer that is assigned costs pursuant to subsection (c) shall be double charged.

(e) Each hyperscale data center customer seeking new or modified service shall, as a condition of taking service from any load-serving entity, provide appropriate financial security to ensure that the load-serving entity's existing customers are held harmless for the entire term and value of any reliability backstop procurement obligation imposed by a regional transmission organization. Public utilities shall file proposed tariffs to this effect with the Commission for approval within 90 days after the effective date of this amendatory Act of the 104th General Assembly, and the Commission shall open a docketed proceeding for the consideration and approval of such proposed tariffs in a timely manner thereafter.

(f) Any hyperscale data center applying to a load-serving entity for new or modified service shall submit detailed information to the load-serving entity, the relevant regional transmission organization, and the Commission, including at least the following:

(1) its expected load usage;

(2) its peak load;

(3) its utilization;

(4) its ramp rate; and

(5) any other information requested by the regional transmission organization or the Commission.".