Introduced Version
SENATE BILL No. 135
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-44; IC 36-7-4-1112.
Synopsis: Data center development. Requires: (1) a person that
operates a data center in Indiana to submit to the Indiana utility
regulatory commission (commission) a quarterly report of the amount
of electricity used by the data center in the immediately preceding
quarter; and (2) the commission to publish a summary of the reported
information on the commission's website. Provides that a county,
municipality, or township shall, before issuing a permit to a person for
construction of a data center: (1) require the person to disclose the
projected power and water usage of the facility; and (2) perform a site
assessment to determine the possible effects of the data center.
Requires the commission to establish a working group to: (1) determine
an estimate of the future electricity demands of the data center industry
in Indiana; and (2) report to the general assembly regarding the
working group's findings and recommendations not later than October
31, 2025.
Effective: Upon passage; July 1, 2025.
Ford J.D.
January 8, 2025, read first time and referred to Committee on Utilities.
2025 IN 135—LS 6337/DI 119 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 135
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-1-44 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 44. Data Centers
5 Sec. 1. As used in this chapter, "data center" means a facility
6 whose primary services are the storage, management, and
7 processing of digital data and that is used to house:
8 (1) computer and network systems, including associated
9 components such as servers, network equipment,
10 telecommunications equipment, and data storage systems;
11 (2) systems for monitoring and managing infrastructure
12 performance;
13 (3) equipment used for the transformation, transmission,
14 distribution, or management of at least one (1) megawatt of
15 electrical power, including substations, uninterruptible power
16 supply systems, and all electrical plant equipment;
17 (4) Internet related equipment and services;
2025 IN 135—LS 6337/DI 119 2
1 (5) data communications connections;
2 (6) environmental controls, including cooling equipment and
3 associated air handlers;
4 (7) fire protection systems; and
5 (8) security systems and services.
6 Sec. 2. (a) A person that operates a data center in Indiana shall
7 submit to the commission a quarterly report of the amount of
8 electricity, disaggregated by the source of the electricity, used by
9 the data center in the immediately preceding quarter.
10 (b) The commission shall publish a summary of the information
11 reported to the commission under subsection (a), in aggregated and
12 deidentified form, on the commission's website.
13 SECTION 2. IC 36-7-4-1112 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 1112. (a) The definitions in
16 section 1109 of this chapter apply throughout this section.
17 (b) As used in this section, "data center" has the meaning set
18 forth in IC 8-1-44-1.
19 (c) A local governmental agency of a unit shall, before issuing a
20 permit to a person for construction of a data center:
21 (1) require the person to disclose the projected power and
22 water usage of the facility at the facility's full operating
23 capacity; and
24 (2) perform a site assessment to determine the possible effects
25 of the data center on:
26 (A) water usage in the unit;
27 (B) the electrical grid serving the unit;
28 (C) carbon emissions; and
29 (D) agricultural, historic, and cultural resources in the
30 unit.
31 SECTION 3. [EFFECTIVE UPON PASSAGE] (a) The following
32 definitions apply throughout this SECTION:
33 (1) "Commission" means the Indiana utility regulatory
34 commission.
35 (2) "Data center" has the meaning set forth in IC 8-1-44-1.
36 (3) "Electricity supplier" means a:
37 (A) public utility (as defined in IC 8-1-2-1(a));
38 (B) municipally owned utility (as defined in IC 8-1-2-1(h));
39 (C) corporation organized under IC 8-1-13; or
40 (D) corporation organized under IC 23-17 that is an
41 electric cooperative and that has at least one (1) member
42 that is a corporation organized under IC 8-1-13;
2025 IN 135—LS 6337/DI 119 3
1 that furnishes retail electric service to customers in Indiana.
2 (b) The commission shall establish a working group comprised
3 of:
4 (1) the chairman of the commission, or the chairman's
5 designee;
6 (2) the secretary of commerce, or the secretary's designee;
7 and
8 (3) the following members appointed by the chairman of the
9 commission:
10 (A) One (1) or more representatives of electricity suppliers.
11 (B) One (1) or more representatives of the data center
12 industry.
13 (C) One (1) or more representatives of regional
14 transmission agencies whose control area, as approved by
15 the Federal Energy Regulatory Commission, includes any
16 part of Indiana.
17 (D) One (1) or more other stakeholders with respect to
18 electric utility service in Indiana.
19 (c) The chairman of the commission, or the chairman's designee,
20 serves:
21 (1) as the chair; and
22 (2) as a nonvoting member;
23 of the working group.
24 (d) The working group shall meet at the call of the working
25 group's chair.
26 (e) A majority of the members of the working group constitutes
27 a quorum.
28 (f) A member of the working group who is a member of the
29 general assembly is a nonvoting member of the working group.
30 (g) The affirmative vote of a majority of the voting members of
31 the working group is required for the working group to take action
32 on any measure, including adoption of the report under subsection
33 (m).
34 (h) The commission shall staff and provide oversight for the
35 working group.
36 (i) Except as provided under subsection (l), the expenses of the
37 working group shall be paid from funds appropriated to the
38 commission.
39 (j) A member of the working group who is not a state employee
40 is not entitled to the minimum salary per diem provided by
41 IC 4-10-11-2.1(b). The member is, however, entitled to
42 reimbursement for mileage and traveling expenses as provided
2025 IN 135—LS 6337/DI 119 4
1 under IC 4-13-1-4 and other expenses actually incurred in
2 connection with the member's duties as provided in the state
3 policies and procedures established by the Indiana department of
4 administration and approved by the budget agency.
5 (k) Each member of the working group who is a state employee,
6 but who is not a member of the general assembly, is entitled to
7 reimbursement for mileage and traveling expenses as provided
8 under IC 4-13-1-4 and other expenses actually incurred in
9 connection with the member's duties as provided in the state
10 policies and procedures established by the Indiana department of
11 administration and approved by the budget agency.
12 (l) Each member of the working group who is a member of the
13 general assembly is entitled to receive the same per diem, mileage,
14 and travel allowances paid to legislative members of interim study
15 committees established by the legislative council. Per diem,
16 mileage, and travel allowances paid under this section shall be paid
17 from appropriations made to the legislative council or the
18 legislative services agency.
19 (m) The working group shall:
20 (1) determine an estimate of the future electricity demands of
21 the data center industry in Indiana; and
22 (2) not later than October 31, 2025, adopt and submit to the
23 director of the legislative services agency, for distribution to
24 the members of the general assembly, a report containing:
25 (A) the working group's findings under subdivision (1);
26 and
27 (B) any legislative or administrative agency action the
28 working group recommends in light of the working group's
29 findings under subdivision (1).
30 The report submitted under subdivision (2) must be in an
31 electronic format under IC 5-14-6.
32 (n) This SECTION expires January 1, 2026.
33 SECTION 4. An emergency is declared for this act.
2025 IN 135—LS 6337/DI 119