IllinoisIllinois bill would bar data centers from using Mahomet Aquifer water and require water-use transparency
If it becomes law, this Illinois bill would bar data centers from using Mahomet Aquifer water, make existing ones switch sources by January 1, 2028, and stop local governments from hiding data centers' water use.
What it does
Data centers could not use Mahomet Aquifer water, and State agencies could not issue or renew permits to withdraw groundwater from it for them.
Existing data centers would have until January 1, 2028 to stop pulling groundwater from the Mahomet Aquifer and switch to sources like reclaimed water, surface water, or closed-loop or air-cooled systems.
Local governments could not enter or enforce secrecy agreements that hide a data center's water use, and any such confidentiality promise would be void.
The state's environmental agency would publish a yearly report on data center water use, and aggregated, anonymous data would be public, while proprietary information stays exempt.
Violations would bring civil penalties of up to $50,000 plus up to $10,000 per day, and the Illinois Environmental Protection Agency could write rules to carry out the Act.
Argument forBarring data centers from the aquifer could help protect water for people who rely on it, and public reports could show how much water data centers use.
Argument againstExisting data centers would have to switch water sources by 2028, which could raise their costs and discourage new data centers from locating near the aquifer.
More detail
No data center operating in the State could use water from the Mahomet Aquifer, and no State agency could issue or renew a permit for a data center to withdraw groundwater from it. A data center is a facility housing computer systems where the main function is storing, managing, and sending data. The synopsis says the ban begins January 1, 2027. The section text shown does not state a start date.
A data center operating before the Act takes effect must stop all groundwater withdrawals from the Mahomet Aquifer by January 1, 2028, and move to alternative water sources. Alternatives include reclaimed water, surface water, and closed-loop or air-cooled systems. The deadline is January 1, 2028.
A unit of local government may not make, enforce, or renew a nondisclosure agreement or confidentiality clause with a data center that restricts disclosure of the data center's water use information. Water use information includes water sources, the volume, rate, and timing of withdrawals and discharge, groundwater and surface water impacts, water use permit applications and compliance data, and conservation, reuse, or cooling practices. A confidentiality promise that breaks this rule is void and can be separated from the rest of an otherwise valid agreement.
Proprietary information is exempt from disclosure to the extent provided under the Freedom of Information Act, but aggregated and anonymized data must be made available to the public. The Illinois Environmental Protection Agency must publish an annual report on statewide data center water consumption trends, with legislative recommendations. The report is due every year.
A person who violates the ban, the existing data center deadline, an agency rule, permit, or order faces a civil penalty of up to $50,000, plus up to $10,000 for each day the violation continues. Penalties may be paid to the Environmental Protection Trust Fund. The Illinois Environmental Protection Agency may adopt rules to carry out the Act.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 2Added as Co-Sponsor Sen. Paul JacobsLatest
- Jun 17Added as Co-Sponsor Sen. Erica Harriss
- May 30Added as Co-Sponsor Sen. Sue Rezin
- May 30Added as Co-Sponsor Sen. Darby A. Hills
- May 29Added as Co-Sponsor Sen. Terri Bryant
- May 29Added as Chief Co-Sponsor Sen. Sally J. Turner
- May 28Added as Co-Sponsor Sen. Chris Balkema
- May 22Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
- May 22Rule 3-9(a) / Re-referred to Assignments
- May 15Rule 2-10 Committee/3rd Reading Deadline Established As May 22, 2026
- May 6Senate Committee Amendment No. 1 To AI and Social Media
- May 6Senate Committee Amendment No. 1 Assignments Refers to Executive
- May 5Senate Committee Amendment No. 1 Referred to Assignments
- May 5Senate Committee Amendment No. 1 Filed with Secretary by Sen. Chapin RoseMinor
- Apr 24Rule 2-10 Committee/3rd Reading Deadline Established As May 15, 2026
- Mar 27Rule 2-10 Committee Deadline Established As April 24, 2026
- Mar 13Rule 2-10 Committee Deadline Established As March 27, 2026
- Feb 25To AI and Social Media
- Feb 24Assigned to ExecutiveMinor
- Feb 6Referred to Assignments
- Feb 6First ReadingMinor
- Feb 6Filed with Secretary by Sen. Chapin RoseIntroduced
Environment & EnergyTechnology