Aurora IL data center standards + biometric privacy ordinance (O26-021, 2026)
Aurora, IL — City Council Adopts the Aurora Responsible Data Center Ordinance and a BIPA-Modeled Data Center Privacy Protection Ordinance with Annual Compliance Certification and a Private Right of Action (O26-021, March 24, 2026)
Aurora, IL · City of Aurora, IL, Ordinance O26-021 (adopted Mar. 24, 2026), adding Code chs. 50-51
- Status
- In effect
- Took effect
- March 25, 2026
- Applies to
- All data centers and data center businesses operating in the City of Aurora (performance standards for facilities lacking zoning entitlements as of March 25, 2026)
- Enforced by
- City of Aurora Corporation Counsel / designated enforcement officer; Department of Development Services; City Clerk (certificates)
Aurora, Illinois adopted two new chapters of city code for data centers. Chapter 50 sets energy, water and noise performance standards for new data centers, limits backup-generator testing to weekday business hours, and requires every data center to file yearly energy, water and noise reports, which the city must publish by June 1 each year. Chapter 51 is a local privacy law modeled on the Illinois Biometric Information Privacy Act (BIPA): data centers and data center businesses in Aurora that handle fingerprints, face geometry or other biometric data must keep written retention and destruction policies, may not sell that data, must file a signed annual certificate of compliance (disclosing any BIPA lawsuits or investigations), and face city fines of $1,000-$5,000 per violation. People harmed can sue for $1,000 per negligent and $5,000 per intentional or reckless violation. The ordinance followed a September 2025 citywide moratorium on data centers and warehouses (O25-064).
Who is protected: Aurora residents and any person whose biometric data is handled by a data center operating in Aurora; nearby residents affected by data center noise, water and energy use
Legal detail
City of Aurora, IL, Ordinance O26-021 (Legistar 26-0092), adopted by City Council 2026-03-24; adds Code ch. 50 (Aurora Responsible Data Center Ordinance) and ch. 51 (Data Center Privacy Protection Ordinance). CH. 50: applies to all data centers in city limits; facilities without zoning entitlements as of 2026-03-25 must meet PUE/WUE/noise performance standards in Zoning Ord. s.49-104.3(c)(25); generator testing only 9am-5pm Mon-Fri, max two generators at once (applies to all facilities); s.50-4 annual reporting by April 1 to Development Services: ENERGY STAR Portfolio Manager energy+water report and third-party day/night property-line noise reports; Director must publish reported data by June 1; s.50-5 violations are municipal offenses, fines up to $1,000/day/occurrence. CH. 51: purpose 'establish rules modeled on the Illinois Biometric Information Privacy Act'; adopts BIPA definitions of biometric identifier/information; retention-schedule and destruction policy, ban on selling/profiting, consent-based disclosure limits, reasonable-care safeguards; applies to data centers and data center businesses that collect, store, process or transmit biometric data; Annual Certificate of Compliance filed with City Clerk by April 1, signed under penalty of perjury by a corporate officer, attesting BIPA/ordinance compliance and disclosing pending BIPA litigation, settlements or investigations; City may require an independent privacy-professional audit summary on reasonable cause; administrative fines $1,000-$5,000 per violation, each day a separate offense; permit suspension/revocation for repeated or willful violations; ineligibility for local tax incentives during non-compliance; injunctive relief. s.51-8 private right of action in Kane County 18th Judicial Circuit: greater of $1,000 or actual damages (negligent), $5,000 or actual damages (intentional/reckless), plus attorneys' fees. Exemptions mirror BIPA (GLBA financial institutions, government contractors, HIPAA). EFFECTIVE: Section 3 of the final Exhibit A (redlined) reads 'take effect ... March 25, 2026'. PRIOR: O25-064 (Legistar 25-0731), temporary moratorium on data center facilities and warehouses in all zoning districts, adopted 2025-09-25.
Key facts
| Jurisdiction | Aurora, IL |
|---|---|
| Level | City / local |
| Strength | Stronger |
| Enacted | March 24, 2026 |
| Citation | City of Aurora, IL, Ordinance O26-021 (adopted Mar. 24, 2026), adding Code chs. 50-51 |
| Private right of action | Yes, individuals can sue |
| Penalties | Ch. 50: up to $1,000 per day per occurrence. Ch. 51: administrative fines $1,000-$5,000 per violation (each day separate), permit suspension/revocation, loss of local incentives, injunction; private suits $1,000 (negligent) / $5,000 (intentional or reckless) or actual damages plus fees |
| Topics | data-center siting and energy · biometric data · consumer data privacy · AI disclosure and transparency |
| Statute | Legistar 26-0092 Exhibit A — Text Amendment 2026-3-25 FINAL (City of Aurora, IL) |
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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