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HB 5755

MUNI CD-DATA CENTER REFERENDUM

104th Regular Session Introduced by Jed Davis

HB5755 requires public hearings and allows a 15% elector petition to trigger a referendum on data center siting, delaying or blocking approval based on voters.

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Bill Summary · HB 5755

Bill Overview

  • Bill: HB5755 (104th General Assembly, Illinois)
  • Introduced: May 5, 2026
  • Sponsor: Rep. Jed Davis (co-sponsor)
  • Topic: Data center siting and local referendum requirements under the Illinois Municipal Code

Main Purpose and Intent

  • Establish public hearing requirements and a back-door referendum process for siting approvals of data centers within municipalities.
  • Ensure local input and voter consideration before a municipality grants siting approval for a data center.

Key Provisions and Changes

  1. New Section added: 11-13-30 Data center zoning

    • Defines terms:
      • "Data center": either a qualifying Illinois data center (per Department of Commerce and Economic Opportunity law) or any facility with ≥5 megawatts connected load dedicated to data storage, processing, and related infrastructure (servers, networking, cooling, security, etc.).
      • "Application for siting approval of a data center": application to approve siting, issue a special use permit, or modify an existing siting/special use permit.

  2. Public Hearing Requirement (before siting approval)

    • Municipal corporate authorities or zoning board of appeals must hold at least one public hearing.
    • Hearing must occur within 60 days after the application is received.
    • Open Meetings Act compliance; allows evidence presentation, cross-examination (with reasonable restrictions), and public comment.
    • Notice of the hearing must be published in a newspaper of general circulation.

  3. Back-Door Referendum Process

    • Siting of a data center is subject to back-door referendum.
    • Upon receipt of an application, municipalities must publish notices (in newspaper and on the website, if available) about the application and the referendum option.
    • Notice content includes:
      • The number of electors required to sign a petition (equal to 15% of total votes cast in the municipality in the most recent general election).
      • Deadline for petition filing.
      • Date of the next regularly scheduled election at which the referendum could be held.
    • If a petition is filed within 60 days after notice publication, the municipal clerk must certify the referendum question for submission at a regularly scheduled election (per general election law).

  4. Referendum Details

    • Referendum language must describe the data center project (parameters, size, location, scale).
    • Election official form must present the question to voters (Yes/No format).
    • If a majority votes Yes, the municipality may approve the siting approval after certification of results.
    • If a majority votes No, the municipality must not approve the siting approval.
    • If no petition is filed within 60 days of notice, the municipality may proceed to approve or deny the application.

  5. Operational Timelines

    • Public Hearing: within 60 days of application receipt.
    • Petition window for referendum: within 60 days after publication/posting of notice.
    • If petition succeeds, referendum is held at the next regular election (as determined by general election law).

Who Is Affected

  • Municipalities (corporate authorities or zoning boards of appeals) considering siting approvals for data centers.
  • Electors within those municipalities who may sign a referendum petition (threshold set at 15% of the municipality’s most recent general election votes).
  • Applicants seeking data center siting approvals and related permit actions (special use permits, modifications).

Procedural and Timeline Implications

  • Adds a mandatory public hearing before siting decisions.
  • Introduces a mandatory back-door referendum pathway for data center siting decisions, creating potential delay and additional voter oversight.
  • Requires specific notice content and timing to implement the referendum process.
  • If petition fails, local decision-making proceeds without referendum constraints; if petition triggers, the decision is effectively conditioned on voter approval.

Summary

HB5755 would require Illinois municipalities to hold public hearings on data center siting applications and introduces a back-door referendum process for such sitings. It defines data centers broadly (including large facilities with ≥5 MW load) and sets a 60-day window for hearings. A petition by electors (equal to 15% of the municipality’s most recent general election votes) within 60 days of notice can force a referendum at the next regular election, with the outcome determining whether the data center may be approved. Absent a petition, municipalities may approve or deny the application after notice. The bill emphasizes local public participation and voter decision-making in data center siting decisions.

Compiled from official sources — confirm details with the bill’s official record.

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