AQUIFER PROTECTION ACT

Illinois General Assembly - Full Text of SB4004

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Introduced

Senate Amendment 001

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Introduced

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4004

Introduced 2/6/2026, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

New Act

Creates the Data Center Water Transparency and Aquifer Protection
Act. Provides that, beginning January 1, 2027, no data center operating
within the State shall use water from the Mahomet Aquifer. Prohibits State
agencies from issuing or renewing a permit authorizing a data center to
withdraw groundwater from the Mahomet Aquifer. Requires existing data
centers to transition to alternative water sources and cease all
groundwater withdrawals from the Mahomet Aquifer by no later than January
1, 2028. Provides that a unit of local government may not enter into,
enforce, or renew any nondisclosure agreement, confidentiality clause, or
similar contractual provision with a data center that restricts the
disclosure of information related to the data center's water use. Contains
provisions concerning data confidentiality and public access. Establishes
penalties for violations. Grants the Illinois Environmental Protection
Agency rulemaking powers.
LRB104 20379 JDS 33836 b

A BILL FOR

SB4004
LRB104 20379 JDS 33836 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
Data
5
Center Water Transparency and Aquifer Protection Act.

6

Section 5.
Purpose.
The purpose of this Act is to ensure
7
Illinoisans living on the Mahomet Aquifer have adequate access
8
to water and to ensure transparency regarding the water usage
9
of data centers operating in the State.

10

Section 10.
Definitions.
As used in this Act:
11

"Agency" means the Illinois Environmental Protection
12
Agency.
13

"Aquifer" means saturated (with groundwater) soils and
14
geologic materials which are sufficiently permeable to readily
15
yield economically useful quantities of water to wells,
16
springs, or streams under ordinary hydraulic gradients.
17

"Data center" means a facility used to house computer
18
systems and associated components, including
19
telecommunications and storage systems, where the primary
20
function is the storage, management, and dissemination of
21
data.
22

"Groundwater" means underground water which occurs within

SB4004
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LRB104 20379 JDS 33836 b
1
the saturated zone and geologic materials where the fluid
2
pressure in the pore space is equal to or greater than
3
atmospheric pressure.
4

"Nondisclosure agreement" means any contract, agreement,
5
clause, term, condition, or understanding that has the purpose
6
or effect of restricting, prohibiting, delaying, or
7
conditioning the disclosure of information, including
8
confidentiality agreements, secrecy provisions, side letters,
9
memoranda of understanding, or settlement agreements.
10

"Water consumption" means the total amount of water
11
consumed by a data center, including water used for cooling,
12
measured in gallons.

13

Section 15.
Data center groundwater withdrawal
14
prohibition.
15

(a) No data center operating within this State shall use
16
water from the Mahomet Aquifer.
17

(b) No State agency shall issue or renew a permit
18
authorizing a data center to withdraw groundwater from the
19
Mahomet Aquifer.

20

Section 20.
Existing data centers.
A data center operating
21
before the effective date of this Act shall:
22

(1) cease all groundwater withdrawals from the Mahomet
23

Aquifer no later than January 1, 2028; and
24

(2) transition to alternative water sources,

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LRB104 20379 JDS 33836 b
1

including, but not limited to, reclaimed water, surface
2

water, or closed-loop or air-cooled systems.

3

Section 25.
Prohibition on nondisclosure agreements
4
related to water use.
5

(a) A unit of local government may not enter into,
6
enforce, or renew a nondisclosure agreement, confidentiality
7
clause, or similar contractual provision with a data center
8
that restricts the disclosure of information related to the
9
data center's water use.
10

(b) Information related to water use includes, but is not
11
limited to:
12

(1) the source or sources of water used by a data
13

center;
14

(2) the volume, rate, or timing of water withdrawals,
15

consumption, or discharge;
16

(3) groundwater or surface water impacts;
17

(4) water use permit applications, approvals,
18

compliance reports, monitoring data; and
19

(5) water conservation, reuse, or cooling practices.
20

(c) Failure to comply with the provisions of this Section
21
renders any promise of confidentiality related to water usage
22
against public policy, void, and severable from an otherwise
23
valid and enforceable agreement.

24

Section 30.
Data confidentiality and public access.

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LRB104 20379 JDS 33836 b
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(a) Proprietary information is exempt from disclosure to
2
the extent provided under the Freedom of Information Act.
3
Aggregated and anonymized data shall be made available to the
4
public.
5

(b) The Agency shall publish an annual report summarizing
6
statewide water consumption trends in data centers, including,
7
but not limited to, legislative recommendations to address
8
identified issues.

9

Section 35.
Enforcement and penalties.
Any person that
10
violates Section 15 of this Act, paragraph (1) of Section 20 of
11
this Act, any rule adopted by the Agency under this Act, any
12
permit or term or condition of a permit issued pursuant to
13
rules adopted under this Act, or any order of the Agency under
14
this Act is liable for a civil penalty not to exceed $50,000
15
for the violation and an additional civil penalty not to
16
exceed $10,000 for each day during which the violation
17
continues. Civil penalties imposed under this Section may,
18
upon order of the Agency or a court, be made payable to the
19
Environmental Protection Trust Fund, to be used in accordance
20
with the provisions of the Environmental Protection Trust Fund
21
Act.

22

Section 40.
Rules.
The Agency may adopt rules to implement
23
and administer this Act.

SB4004
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LRB104 20379 JDS 33836 b
1

Section 97.
Severability.
The provisions of this Act are
2
severable under Section 1.31 of the Statute on Statutes.

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