Bill > HB4319

This bill, titled the Property Owner Protection from Data Center Impacts Act, establishes a framework for compensating property owners who experience harm due to the construction or operation of data centers. A data center is defined as a facility with a combined connected load of at least 5 megawatts or one that qualifies for a state data center tax incentive. Property owners are eligible for compensation if their property is within 1,000 feet of a data center and if the data center has caused a measurable reduction in their property's fair market value, a decrease in business revenue, or adverse environmental or operational impacts like noise, vibration, traffic, stormwater issues, or lighting problems. The bill outlines an appraisal procedure involving up to three certified appraisers to determine the property's fair market value, with the data center developer or owner responsible for all appraisal costs. Compensation is calculated as 1.5 times the proven reduction in fair market value for real property and 100% of demonstrated business losses, with payment due within 90 days. Data center developers can offer mitigation measures as an alternative to payment, subject to the property owner's acceptance. If compensation is not paid, local governments can withhold permits or suspend occupancy certificates, and state agencies can suspend or require repayment of data center incentives. Property owners can also pursue civil action to enforce compensation and recover legal fees. The bill explicitly states that taxpayers will not be liable for these compensation obligations, and it limits the ability of home rule units (local governments with self-governing powers) to enact regulations inconsistent with this Act.

https://www.ilga.gov/Legislation/BillStatus?DocNum=4319&GAID=18&DocTypeID=HB&SessionID=114&GA=104