Data centers that don’t build enough clean energy could see their electricity curtailed during times of high demand. The bill empowers utilities to take such action as a way to protect other customers from increased prices when the energy supply is tight. That threat is further motivation for data centers to invest in clean energy.

Facilities that pay to build or acquire as much clean energy as they expect to use are guaranteed uninterrupted access to that same amount of power. Solar and wind, as well as battery storage, virtual power plants, and demand-response measures — such as reducing energy use when the grid is stressed — qualify toward that total. Data centers would still be subject to any emergency energy curtailment — like rolling brownouts or blackouts — ordered by regional grid operators.

Illinois has a restructured energy market, in which utility companies do not own generation and instead procure power on the open market to serve customers. In neighboring Wisconsin and Indiana and other states with vertically integrated energy markets, by contrast, utilities pay to build needed generation and pass on the costs to their customers.

Regulators in Illinois and other states with restructured markets may have fewer options to determine how data centers are charged for generation infrastructure, since that is not the purview of the utilities they oversee. In Illinois, management of the flow of electricity on the grid — which utilities do control — is the way to influence data centers’ behavior, said James Gignac, who is the Midwest policy director for the Union of Concerned Scientists’ climate and energy program and one of the authors of its recent report.

“Offering compelling incentives for what the data centers wish to have is our approach,” Gignac said. ​“They are looking for firm service and the quickest way possible to connect to the power grid. By challenging data centers to meet these higher levels of clean energy, we can recruit the most responsible data center operators to Illinois.”

The Data Center Coalition, a trade group that represents developers of the facilities, and the Illinois Chamber of Commerce, which promotes investment in the state, did not respond to queries for this story.

The long road to consensus

Three times in the last decade, Illinois’ clean energy supporters and industry representatives have worked closely with lawmakers to pass sweeping energy bills. A 2017 law created ambitious renewable-energy mandates and job creation programs, a 2021 law bolstered clean energy and equity targets, and a law passed last fall addressed the need for much more energy storage on the grid. Those three pieces of legislation were spearheaded by legislators working with the Illinois Clean Jobs Coalition, including dozens of advocates for consumers, clean energy, and environmental justice. That coalition is also backing the data center bill.

Coalition members described the POWER Act as a similarly ambitious measure, which will likely go through a long process of consensus-building.

In addition to the clean power and affordability provisions, the bill includes other safeguards, like mandates for water resource planning and quarterly water-use reports. It prohibits nondisclosure agreements with data centers, mandates community benefit agreements, and requires a proposed data center’s cumulative impact to be examined in the context of other existing or proposed burdens on local residents.

Illinois’ legislative session ends in late May, and bills can also pass in a fall veto session or a special session called by the governor.

Proponents of consumer protection and clean energy say it is crucial for a data center–focused bill to pass soon, since numerous such facilities for powering AI are proposed in the state. The Chicago region, in particular, is already home to around 200 data centers, according to the organization Data Center Map, and more could be in the works. A $20 billion data center proposal was recently approved by local officials southwest of Chicago, in Joliet, for example. In February, Democratic Gov. JB Pritzker called for a two-year pause on state tax incentives for data centers in response to the growing concern from communities.

“This is an urgent problem,” Chintam said. ​“We need to do something now.”