First Regular Session of the 124th General Assembly (2025)
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SENATE ENROLLED ACT No. 431
AN ACT to amend the Indiana Code concerning utilities.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 8-1-45 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]:
Chapter 45. Data Center Construction by Foreign Adversaries
Sec. 1. As used in this chapter, "commission" refers to the
Indiana utility regulatory commission created by IC 8-1-1-2.
Sec. 2. As used in this chapter, "company" means any of the
following:
(1) A sole proprietorship.
(2) An organization.
(3) An association.
(4) A corporation.
(5) A partnership.
(6) A joint venture.
(7) A limited partnership.
(8) A limited liability partnership.
(9) A limited liability company.
(10) A business association.
(b) The term includes:
(1) a wholly owned subsidiary;
(2) a majority owned subsidiary;
(3) a parent company; or
SEA 431 — Concur 2
(4) an affiliate;
of an individual, entity, or association described in subsection (a)(1)
through (a)(10).
Sec. 3. As used in this chapter, "data center" means a facility:
(1) the primary services of which are the storage,
management, and processing of digital data; and
(2) that is used to house:
(A) computer and network systems, including associated
components, such as servers, network equipment and
appliances, telecommunications, and data storage systems;
(B) systems for monitoring and managing infrastructure
performance;
(C) Internet related equipment and services;
(D) data communications connections;
(E) environmental controls;
(F) fire protection systems; and
(G) security systems and services.
Sec. 4. As used in this chapter, "foreign company" means a
company that:
(1) is at least fifty percent (50%) owned by a foreign
adversary (as defined in 15 CFR 791.2); or
(2) is headquartered in a country with a government that is a
foreign adversary (as defined in 15 CFR 791.2).
Sec. 5. As used in this chapter, "MISO" refers to the regional
transmission organization known as the Midcontinent Independent
System Operator, Inc.
Sec. 6. As used in this chapter, "PJM" refers to the regional
transmission organization known as PJM Interconnection, LLC.
Sec. 7. Notwithstanding any other law, after June 30, 2025, a
foreign company may not construct or cause to be constructed a
data center in Indiana unless the commission and the Indiana
economic development corporation conduct a joint study of the
anticipated electricity use of the prospective data center and certify
to the governor and the general assembly that the electricity
estimated to be used by the data center will be self-generated and
will not affect the load supply of MISO or PJM.
SEA 431 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 431 — Concur