Political will grows for data center regulations as POWER Act remains in committee

[March 19, 2026]  By Nikoel Hytrek and UIS Public Affairs Reporting (PAR)

SPRINGFIELD — Managing data centers has been a growing issue around the U.S. as states balance economic development with community concerns about pollution, water supply and energy prices.

That has led to different regulations nationwide from moratoriums on development permits to putting data centers in their own ratepayer class. Illinois legislators have proposed regulating data centers with the POWER Act, a bill that addresses concerns about prices, water and pollution by:

Requiring data centers to pay for their own energy and the infrastructure to generate it, and requiring that energy to come from renewable sources.

Mandating transparency from data centers about their water use and water permits from the Illinois Environmental Protection Agency, which would manage how data centers handle wastewater and meet efficiency standards.

Requiring the IEPA to conduct assessments about how a data center would impact a community and mandating data center developers enter community benefits agreements that promote transparent engagement with the public. The community benefits agreements will be enforced by a coalition of residents, organizations and local government officials who will make up a community advisory board.
Democratic lawmakers sponsoring the bill call the regulations “commonsense” guardrails on a growing industry that impacts communities and electricity prices.

Obviously, we know that data centers can provide economic development. But on the other hand, I want to make sure that our environment is protected and our people are protected,” said Illinois House Majority Leader Robyn Gabel, D-Evanston.

While data center backers say the economic benefits include job creation, capital investments and property tax revenue, environmentalists and consumer advocates say they are far outweighed by the risks for water resources and energy prices.

The POWER Act thus far remains in committee. But Illinois has a history of passing large-scale energy packages, such as the Climate and Equitable Jobs Act and the Clean and Reliable Grid Act, as extensive amendments late in their regular or fall legislative session. The session is slated to adjourn on May 31.

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Growing need for rules

Aurora is one Illinois city already regulating data centers. The city in September implemented a 180-day moratorium on development that will expire in late March.

"Obviously, we know that data centers can provide economic development. But on the other hand, I want to make sure that our environment is protected and our people are protected,” said Illinois House Majority Leader Robyn Gabel, D-Evanston.
 
While data center backers say the economic benefits include job creation, capital investments and property tax revenue, environmentalists and consumer advocates say they are far outweighed by the risks for water resources and energy prices.
 
The POWER Act thus far remains in committee. But Illinois has a history of passing large-scale energy packages, such as the Climate and Equitable Jobs Act and the Clean and Reliable Grid Act, as extensive amendments late in their regular or fall legislative session. The session is slated to adjourn on May 31.
 
Growing need for rules
 

Aurora is one Illinois city already regulating data centers. The city in September implemented a 180-day moratorium on development that will expire in late March.

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