Chicago data center energy/water benchmarking disclosure (SO2026-0027165)
Chicago, IL — City Council Passes Ordinance Bringing Data Centers into Public Energy Benchmarking Disclosure and Expanding Public Water-Usage Data (SO2026-0027165, September 23, 2026)
Chicago, IL · Chicago, IL, SO2026-0027165 (passed Sept. 23, 2026), amending Mun. Code ss.18-14-101.3, 18-14-101.4, 18-14-102.3
- Status
- Enacted (not yet in effect)
- Applies to
- Owners of large Chicago covered buildings that contain data centers
- Enforced by
- Chicago Chief Sustainability Officer; Department of Water Management
Chicago's energy benchmarking law requires large buildings to report energy use, but buildings dominated by data centers were left out and their scores kept private. This ordinance, passed September 23, 2026, makes any large covered building with a data center subject to benchmarking, defines 'data center', and removes the rule that let the city withhold the energy scores of buildings where data centers take up more than 10% of floor space, so those scores can be made public. It also strengthens the city's ability to publish buildings' water-usage data supplied by the Department of Water Management, with narrower grounds for owners to keep it private. It does not set limits on energy or water use.
Who is protected: Chicago residents and ratepayers (public access to data center energy and water information)
Legal detail
Chicago Municipal Code ch. 18-14 (Energy Benchmarking) amended by substitute ordinance SO2026-0027165 (introduced 2026-07-15, referred; substituted, amended and recommended to pass by Committee on Environmental Protection and Energy 2026-09-01; passed City Council 2026-09-23; status 90-Final). s.18-14-101.3: 'covered building' now expressly includes any Group 1 or Group 2 covered building with a data center (overriding the >10% A-5/F/H/S/U occupancy carve-out); new definition 'data center' = space designed and equipped for high-density computing equipment such as server racks, as defined by the benchmarking tool. s.18-14-101.4(b): Commissioner of Water Management may transmit water usage data; Chief Sustainability Officer may make covered buildings' water usage data public, with owner objections limited to grounds in s.18-14-102.1(c)(i),(iii),(iv); per eLMS title, water usage data reporting becomes mandatory. s.18-14-102.3: deletes the Exception that barred public release of individually attributable benchmarking information/energy ratings for buildings where data centers, TV studios or trading floors exceed 10% of gross floor area. Section 2: in force upon passage and publication. Text reviewed is the introduced substitute; the committee-amended version (scanned PDF) could not be text-extracted.
Key facts
| Jurisdiction | Chicago, IL |
|---|---|
| Level | City / local |
| Strength | Limited |
| Enacted | September 23, 2026 |
| Citation | Chicago, IL, SO2026-0027165 (passed Sept. 23, 2026), amending Mun. Code ss.18-14-101.3, 18-14-101.4, 18-14-102.3 |
| Private right of action | No, agency enforcement only |
| Penalties | Existing ch. 18-14 benchmarking penalties (not changed by this ordinance) |
| Topics | data-center siting and energy · AI disclosure and transparency |
| Bill text | SO2026-0027165 — Chicago City Clerk eLMS |
More AI rules in Chicago, IL
- Chicago data center executive order (2026) · In effect
- Chicago 12-month data center moratorium ordinance (proposed 2026) · Proposed / pending
- Chicago Public Schools AI Guidebook · In effect
- Chicago City AI Ordinance (stalled) · Proposed / pending
- Chicago AI police report ban (proposed, O2026-0024089) · Proposed / pending
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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