Indiana 2025 Regular Session

Indiana Senate Bill SB0135 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 135
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1-44; IC 36-7-4-1112.
7	7	Synopsis: Data center development. Requires: (1) a person that
8	8	operates a data center in Indiana to submit to the Indiana utility
9	9	regulatory commission (commission) a quarterly report of the amount
10	10	of electricity used by the data center in the immediately preceding
11	11	quarter; and (2) the commission to publish a summary of the reported
12	12	information on the commission's website. Provides that a county,
13	13	municipality, or township shall, before issuing a permit to a person for
14	14	construction of a data center: (1) require the person to disclose the
15	15	projected power and water usage of the facility; and (2) perform a site
16	16	assessment to determine the possible effects of the data center.
17	17	Requires the commission to establish a working group to: (1) determine
18	18	an estimate of the future electricity demands of the data center industry
19	19	in Indiana; and (2) report to the general assembly regarding the
20	20	working group's findings and recommendations not later than October
21	21	31, 2025.
22	22	Effective: Upon passage; July 1, 2025.
23	23	Ford J.D.
24	24	January 8, 2025, read first time and referred to Committee on Utilities.
25	25	2025 IN 135—LS 6337/DI 119 Introduced
26	26	First Regular Session of the 124th General Assembly (2025)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2024 Regular Session of the General Assembly.
36	36	SENATE BILL No. 135
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning
38	38	utilities.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 8-1-44 IS ADDED TO THE INDIANA CODE AS
41	41	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
42	42	3 1, 2025]:
43	43	4 Chapter 44. Data Centers
44	44	5 Sec. 1. As used in this chapter, "data center" means a facility
45	45	6 whose primary services are the storage, management, and
46	46	7 processing of digital data and that is used to house:
47	47	8 (1) computer and network systems, including associated
48	48	9 components such as servers, network equipment,
49	49	10 telecommunications equipment, and data storage systems;
50	50	11 (2) systems for monitoring and managing infrastructure
51	51	12 performance;
52	52	13 (3) equipment used for the transformation, transmission,
53	53	14 distribution, or management of at least one (1) megawatt of
54	54	15 electrical power, including substations, uninterruptible power
55	55	16 supply systems, and all electrical plant equipment;
56	56	17 (4) Internet related equipment and services;
57	57	2025 IN 135—LS 6337/DI 119 2
58	58	1 (5) data communications connections;
59	59	2 (6) environmental controls, including cooling equipment and
60	60	3 associated air handlers;
61	61	4 (7) fire protection systems; and
62	62	5 (8) security systems and services.
63	63	6 Sec. 2. (a) A person that operates a data center in Indiana shall
64	64	7 submit to the commission a quarterly report of the amount of
65	65	8 electricity, disaggregated by the source of the electricity, used by
66	66	9 the data center in the immediately preceding quarter.
67	67	10 (b) The commission shall publish a summary of the information
68	68	11 reported to the commission under subsection (a), in aggregated and
69	69	12 deidentified form, on the commission's website.
70	70	13 SECTION 2. IC 36-7-4-1112 IS ADDED TO THE INDIANA
71	71	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
72	72	15 [EFFECTIVE JULY 1, 2025]: Sec. 1112. (a) The definitions in
73	73	16 section 1109 of this chapter apply throughout this section.
74	74	17 (b) As used in this section, "data center" has the meaning set
75	75	18 forth in IC 8-1-44-1.
76	76	19 (c) A local governmental agency of a unit shall, before issuing a
77	77	20 permit to a person for construction of a data center:
78	78	21 (1) require the person to disclose the projected power and
79	79	22 water usage of the facility at the facility's full operating
80	80	23 capacity; and
81	81	24 (2) perform a site assessment to determine the possible effects
82	82	25 of the data center on:
83	83	26 (A) water usage in the unit;
84	84	27 (B) the electrical grid serving the unit;
85	85	28 (C) carbon emissions; and
86	86	29 (D) agricultural, historic, and cultural resources in the
87	87	30 unit.
88	88	31 SECTION 3. [EFFECTIVE UPON PASSAGE] (a) The following
89	89	32 definitions apply throughout this SECTION:
90	90	33 (1) "Commission" means the Indiana utility regulatory
91	91	34 commission.
92	92	35 (2) "Data center" has the meaning set forth in IC 8-1-44-1.
93	93	36 (3) "Electricity supplier" means a:
94	94	37 (A) public utility (as defined in IC 8-1-2-1(a));
95	95	38 (B) municipally owned utility (as defined in IC 8-1-2-1(h));
96	96	39 (C) corporation organized under IC 8-1-13; or
97	97	40 (D) corporation organized under IC 23-17 that is an
98	98	41 electric cooperative and that has at least one (1) member
99	99	42 that is a corporation organized under IC 8-1-13;
100	100	2025 IN 135—LS 6337/DI 119 3
101	101	1 that furnishes retail electric service to customers in Indiana.
102	102	2 (b) The commission shall establish a working group comprised
103	103	3 of:
104	104	4 (1) the chairman of the commission, or the chairman's
105	105	5 designee;
106	106	6 (2) the secretary of commerce, or the secretary's designee;
107	107	7 and
108	108	8 (3) the following members appointed by the chairman of the
109	109	9 commission:
110	110	10 (A) One (1) or more representatives of electricity suppliers.
111	111	11 (B) One (1) or more representatives of the data center
112	112	12 industry.
113	113	13 (C) One (1) or more representatives of regional
114	114	14 transmission agencies whose control area, as approved by
115	115	15 the Federal Energy Regulatory Commission, includes any
116	116	16 part of Indiana.
117	117	17 (D) One (1) or more other stakeholders with respect to
118	118	18 electric utility service in Indiana.
119	119	19 (c) The chairman of the commission, or the chairman's designee,
120	120	20 serves:
121	121	21 (1) as the chair; and
122	122	22 (2) as a nonvoting member;
123	123	23 of the working group.
124	124	24 (d) The working group shall meet at the call of the working
125	125	25 group's chair.
126	126	26 (e) A majority of the members of the working group constitutes
127	127	27 a quorum.
128	128	28 (f) A member of the working group who is a member of the
129	129	29 general assembly is a nonvoting member of the working group.
130	130	30 (g) The affirmative vote of a majority of the voting members of
131	131	31 the working group is required for the working group to take action
132	132	32 on any measure, including adoption of the report under subsection
133	133	33 (m).
134	134	34 (h) The commission shall staff and provide oversight for the
135	135	35 working group.
136	136	36 (i) Except as provided under subsection (l), the expenses of the
137	137	37 working group shall be paid from funds appropriated to the
138	138	38 commission.
139	139	39 (j) A member of the working group who is not a state employee
140	140	40 is not entitled to the minimum salary per diem provided by
141	141	41 IC 4-10-11-2.1(b). The member is, however, entitled to
142	142	42 reimbursement for mileage and traveling expenses as provided
143	143	2025 IN 135—LS 6337/DI 119 4
144	144	1 under IC 4-13-1-4 and other expenses actually incurred in
145	145	2 connection with the member's duties as provided in the state
146	146	3 policies and procedures established by the Indiana department of
147	147	4 administration and approved by the budget agency.
148	148	5 (k) Each member of the working group who is a state employee,
149	149	6 but who is not a member of the general assembly, is entitled to
150	150	7 reimbursement for mileage and traveling expenses as provided
151	151	8 under IC 4-13-1-4 and other expenses actually incurred in
152	152	9 connection with the member's duties as provided in the state
153	153	10 policies and procedures established by the Indiana department of
154	154	11 administration and approved by the budget agency.
155	155	12 (l) Each member of the working group who is a member of the
156	156	13 general assembly is entitled to receive the same per diem, mileage,
157	157	14 and travel allowances paid to legislative members of interim study
158	158	15 committees established by the legislative council. Per diem,
159	159	16 mileage, and travel allowances paid under this section shall be paid
160	160	17 from appropriations made to the legislative council or the
161	161	18 legislative services agency.
162	162	19 (m) The working group shall:
163	163	20 (1) determine an estimate of the future electricity demands of
164	164	21 the data center industry in Indiana; and
165	165	22 (2) not later than October 31, 2025, adopt and submit to the
166	166	23 director of the legislative services agency, for distribution to
167	167	24 the members of the general assembly, a report containing:
168	168	25 (A) the working group's findings under subdivision (1);
169	169	26 and
170	170	27 (B) any legislative or administrative agency action the
171	171	28 working group recommends in light of the working group's
172	172	29 findings under subdivision (1).
173	173	30 The report submitted under subdivision (2) must be in an
174	174	31 electronic format under IC 5-14-6.
175	175	32 (n) This SECTION expires January 1, 2026.
176	176	33 SECTION 4. An emergency is declared for this act.
177	177	2025 IN 135—LS 6337/DI 119