The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
City of Chicago
Neutral Data Center Policies
Chicago requires buildings of at least 50,000 square feet to report energy use annually. Data centers with a sufficiently large share of building energy use are temporarily exempt from public disclosure until the city’s tool can account for them.
current law · City of ChicagoRequires owners of covered Chicago buildings to benchmark and report energy use annually, including Group 1 buildings of 250,000 or more gross square feet and Group 2 buildings of 50,000 or more gross square feet but less than 250,000, with submissions due by June 1 for the previous calendar year.Chicago data center benchmarking ordinance
What this means
Covered buildings of 50,000 square feet or more must report energy use each year, adding a small ongoing paperwork burden (covered buildings must benchmark annually). Data centers above the specified size share are temporarily protected from public disclosure until the city finds the benchmarking tool can account for them, limiting the added burden (data center disclosure exception).
People behind it
- Chief Sustainability Officer
Authorized to administer and enforce the chapter, adopt implementing rules, and carry out its benchmarking, disclosure, and rating functions.
Benefits & exceptionsHide benefits & exceptions1
Delays public release of individually attributable benchmarking information and energy ratings for a covered building where data centers, television studios, or trading floors together exceed 10% of its gross floor area, until the Chief Sustainability Officer determines the benchmarking tool can adequately adjust for those facilities. The disclosure exception is limited to public disclosure; it does not exempt the building from benchmarking.
Sources
current law · City of ChicagoDirects Chicago agencies to more closely review proposed data centers and calls for a temporary pause on new data center projects.Illinois Chicago Executive Order 2026-5 (2026)
Timing
The source describes a temporary data center moratorium, but the provided material does not specify an expiration date or ending condition.
People behind it
- Brandon Johnson
Mayor who signed and issued the executive order
Restrictions & requirementsHide restrictions & requirements2
Calls for a temporary moratorium on data center development in Chicago.
Creates enhanced regulatory review for data centers, adding an additional review barrier before development or expansion can proceed.
Sources
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