104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0094 Introduced 1/17/2025, 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. LRB104 03347 HLH 13369 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0094 Introduced 1/17/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: New Act 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. LRB104 03347 HLH 13369 b LRB104 03347 HLH 13369 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0094 Introduced 1/17/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: New Act New Act 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. LRB104 03347 HLH 13369 b LRB104 03347 HLH 13369 b LRB104 03347 HLH 13369 b A BILL FOR SB0094LRB104 03347 HLH 13369 b SB0094 LRB104 03347 HLH 13369 b SB0094 LRB104 03347 HLH 13369 b 1 AN ACT concerning data centers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the Data 5 Center Construction by Foreign Adversaries Act. 6 Section 5. Data center construction by foreign adversaries 7 prohibited. 8 (a) Notwithstanding any other provision of law, on and 9 after the effective date of this Act, no foreign company may 10 construct or cause to be constructed a data center in the State 11 unless the Illinois Commerce Commission, the Illinois Power 12 Agency, and the Department of Commerce and Economic 13 Opportunity conduct a joint study of the energy consumption of 14 the prospective data center and certify to the Governor and 15 the General Assembly that the energy estimated to be used by 16 the data center is a self-generated load and does not affect 17 the load supply of PJM or MISO. 18 (b) As used in this Section: 19 "Company" means a sole proprietorship, organization, 20 association, corporation, partnership, joint venture, limited 21 partnership, limited liability partnership, limited liability 22 company, or other entity or business association, including 23 all wholly owned subsidiaries, majority-owned subsidiaries, 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0094 Introduced 1/17/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: New Act New Act 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. LRB104 03347 HLH 13369 b LRB104 03347 HLH 13369 b LRB104 03347 HLH 13369 b A BILL FOR New Act LRB104 03347 HLH 13369 b SB0094 LRB104 03347 HLH 13369 b SB0094- 2 -LRB104 03347 HLH 13369 b SB0094 - 2 - LRB104 03347 HLH 13369 b SB0094 - 2 - LRB104 03347 HLH 13369 b SB0094 - 2 - LRB104 03347 HLH 13369 b