Aurora adopts strict new regulations on data centers

The city of Aurora, Illinois, has enacted a comprehensive set of new regulations for data centers, focusing on strict standards for energy efficiency, water consumption, and noise emissions. The Aurora City Council unanimously approved the measures following a four-hour public discussion and a 180-day moratorium on new data center and warehouse developments, which ended with the passage of these rules. The new ordinances grant the City Council greater authority to approve or deny proposed data center projects, a change from the previous classification of data centers as warehouses. Future facilities will be mandated to produce various studies and reports on their environmental impact. Additionally, all data centers within city limits, including the five existing ones and five under development, must submit annual reports on power and water usage, noise levels, and biometric data storage. Mayor John Laesch lauded the ordinances as "first-of-its-kind" safeguards for residents and the environment, urging the state to consider similar legislation like the proposed POWER Act. Residents' persistent concerns, particularly about noise from an existing CyrusOne data center, significantly influenced the new regulations. Although the rules don't directly address complaints about the existing facility, the city and CyrusOne have been actively working to mitigate ongoing noise issues, including installing permanent sound barriers for generators and planning solutions for rooftop chillers. However, Ald. Shweta Baid's proposals for even stricter measures, such as a half-mile setback from residential areas, were rejected due to potential legal challenges. The approved regulations include strengthened noise limits and significant setbacks for chiller units and backup generators, which Aurora officials believe are among the strongest in the nation. Beyond environmental concerns, the regulations also replicate Illinois's Biometric Information Privacy Act locally, providing protections even if state laws are weakened. The city expects to work with developers to ensure "responsible growth" as the moratorium has concluded. The Illinois Commerce Commission also recently approved a proposal requiring higher deposits from data center developers to mitigate risks.