Wisconsin 2025 Regular Session Status: Passed Assembly 29 R cosponsors

AB 840 — Relating to: certain requirements related to data centers.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Assembly. Introduced January 09, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 58% · moderate confidence

  • Passed Assembly

    Current position in the legislative process.

  • 35 sponsors

    1 primary, 34 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (29 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

An Act to create 196.20 (10), 196.492 and 299.70 of the statutes;

Bill Text

What changed in the latest version

85 added · 133 removed

Plain-language change summary

The updated version of Assembly Bill 840 now specifically defines "large data centers" to clarify what types of facilities it applies to, including requirements based on electricity consumption and infrastructure. Notably, the bill mandates that costs for serving these large data centers cannot be passed on to other utility customers, which helps ensure that the financial burden of their operations does not affect others. Additionally, there are stricter regulations regarding water usage and renewable energy sourcing for these facilities, likely aimed at promoting sustainability and responsible resource management. These changes are significant as they highlight the growing concerns about the environmental impact of large data centers and aim to establish clearer guidelines to manage them effectively.

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Latest
- 2026 LEGISLATURE LRBs0244/5 ZDW&KP:all ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 840 January 20, 2026 - Offered by Representative Z IMMERMAN .
- 2026 LEGISLATURE LRB-5891/1 KP&ZDW:cdc&skw ASSEMBLY BILL 840 January 9, 2026 - Introduced by Representatives Z IMMERMAN , BORN , ALLEN , ARMSTRONG , BROOKS, DALLMAN , DITTRICH, DUCHOW , GREEN, GUNDRUM , B.
A N A CT to create 103.166, 196.20 (10), 196.492 and 299.70 of the statutes;
JACOBSON , KNODL , KRUG, KREIBICH, MAXEY , MELOTIK, MURPHY , NEDWESKI , NEYLON , NOVAK , O'CONNOR , PENTERMAN , PETERSEN , SNYDER , SORTWELL , SUMMERFIELD , RANEL , WITTKE and H URD, cosponsored by Senators UINN , FEYEN , AGLER, AMES , MARKLEIN and W IMBERGER .
Referred to Committee on State Affairs.
A N A CT to create 196.20 (10), 196.492 and 299.70 of the statutes;
certain requirements related to large data centers.
certain requirements related to data centers.
Analysis by the Legislative Reference Bureau This bill defines “large data center” to mean a facility to which all of the following apply:
Analysis by the Legislative Reference Bureau This bill establishes the following requirements related to data centers:
The facility is used primarily for the storage, management, processing, and transmission of digital data for the delivery of cloud computing services, providing network connectivity services, or supporting artificial intelligence, machine learning, or similar computational services.
The Public Service Commission must ensure in its rate-making orders that no costs associated with the construction or extension of electric infrastructure that primarily serves a data center are allocated to or recovered from any other customer.
Under current law, a public utility generally may not make a change to its rate schedules that constitutes an increase in rates, except by order of PSC after an investigation and opportunity for hearing.
The facility houses computer and network systems, including associated components such as servers, network equipment, data storage systems, data communications connections, and supporting infrastructure systems.
Any renewable energy facility that primarily serves the load of a data center must be located at the site of the data center.
The facility has an information-technology load of more than 20 gigawatt- hours in electricity consumption or 100 megawatts of electrical demand.
Water used by a data center for cooling purposes must be contained in a closed-loop cooling system, which is a system for removing heat from equipment and that relies on a fixed volume of water that is continually recycled.
The bill establishes the following requirements related to large data centers:
1.
The Public Service Commission must ensure in its rate-making orders that no utility costs used for serving large data centers are allocated to or recovered from any other customer.
Under current law, a public utility generally may not make a - 2026 Legislature - 2 - LRBs0244/5 ZDW&KP:all S ECTION 1 change to its rate schedules that constitutes an increase in rates, except by order of PSC after an investigation and opportunity for hearing.
2.
Any renewable energy facility that primarily serves the load of a large data center must be located at the site of the large data center.
3.
Water used by a large data center for cooling purposes must be contained in a closed-loop cooling system or any other system that uses an amount of water equal to or less than the amount that a closed-loop cooling system would use.
The operator of a large data center must annually report to the Department of Natural Resources the total amount of water used by the large data center for the 12-month period prior to submitting the report.
The operator of a data center must annually report to the Department of Natural Resources the total amount of water used by the data center for the 12- month period prior to submitting the report.
A person may not operate a large data center unless they file with DNR a bond or other security in an amount sufficient to cover the estimated cost of fulfilling any required reclamation.
A person may not operate a data center unless they file with DNR a bond or other security in an amount sufficient to cover the estimated cost of fulfilling any required reclamation.
If construction of a proposed large data center is not completed by the date that the conditional use permit granted for the proposed large data center expires, the owner must notify DNR and the city, village, or town (municipality) where the large data center was proposed to be constructed.
If construction of a proposed data center is not completed, the owner must - 2026 Legislature - 2 - LRB-5891/1 KP&ZDW:cdc&skw ASSEMBLY BILL 840 SECTION 1 notify DNR and commence restoring the parcel to the condition that existed prior to any construction on the data center.
The owner must, to the extent required by the municipality, restore the parcel on which construction was begun.
If the municipality requires full restoration of the parcel, the owner must restore the parcel, to the greatest extent feasible, to the condition that existed prior to any construction on the large data center.
The requirements pertaining to renewable energy facilities, closed-loop cooling systems, and bonding apply to large data centers that begin operating or undergoing construction after the bill takes effect.
The bill also provides that the developer of a large data center must, to the extent possible, encourage the hiring of Wisconsin residents for the large data center.
103.166 of the statutes is created to read:
103.166 Large data centers.
The developer of a large data center, as defined in s.
196.492 (1) (a), shall, to the extent possible, encourage the hiring of Wisconsin residents for the large data center.
SECTION 2.
196.20 (10) The commission shall ensure in rate-making orders that no utility - 2026 Legislature - 3 - LRBs0244/5 ZDW&KP:all SECTION 2 costs used for serving large data centers, as defined in s.
196.20 (10) (a) In this subsection, “data center” means a facility having a primary purpose of storing, managing, and processing digital data.
196.492 (1) (a), are allocated to or recovered from any other customer.
(b) The commission shall ensure in rate-making orders that no costs associated with the construction or extension of electric infrastructure that primarily serves the load of a data center are allocated to or recovered from any other customer.
SECTION 3.
SECTION 2.
196.492 Location of renewable energy facilities serving large data centers.
196.492 Location of renewable energy facilities serving data centers.
(a) 1.
(a) “Data center” means a facility having a primary purpose of storing, managing, and processing digital data.
“Large data center” means a facility to which all of the following apply:
a.
The facility is used primarily for the storage, management, processing, and transmission of digital data for the delivery of cloud computing services, providing network connectivity services, or supporting artificial intelligence, machine learning, or similar computational services.
b.
The facility houses computer and network systems, including associated components such as servers, network equipment, data storage systems, data communications connections, and supporting infrastructure systems.
Show all 73 changed rows (33 more)
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c.
The facility has an information-technology load of more than 20 gigawatt- hours in electricity consumption or 100 megawatts of electrical demand.
2.
“Large data center” includes all facilities that satisfy subd.
1.
a.
and b.
that are under common ownership if the aggregate information-technology load of all the facilities under common ownership is more than 20 gigawatt-hours in electricity consumption or the aggregate electrical demand of the facilities is more than 100 megawatts.
(a) Any renewable energy facility that - 2026 Legislature - 4 - LRBs0244/5 ZDW&KP:all SECTION 3 primarily serves the load of a large data center shall be located at the site of the large data center.
Any renewable energy facility that primarily serves the load of a data center shall be located at the site of the data center.
(b) Paragraph (a) does not apply to a large data center that is operating or under construction on the effective date of this paragraph ....
SECTION 3.
[LRB inserts date].
S ECTION 4.
299.70 Large data centers.
299.70 Data centers.
(1) D EFINITIONS.
(1) DEFINITIONS.
(a) “Closed-loop cooling system” means a system for removing heat from equipment and that relies on a fixed volume of water that is continually recycled.
- 2026 Legislature - 3 - LRB-5891/1 KP&ZDW:cdc&skw ASSEMBLY BILL 840 SECTION 3 (a) “Closed-loop cooling system” means a system for removing heat from equipment and that relies on a fixed volume of water that is continually recycled.
(b) “Large data center” has the meaning given in s.
(b) “Data center” means a facility having a primary purpose of storing, managing, and processing digital data.
196.492 (1) (a).
(2) WATER USAGE .
(c) “Municipality” means a city, village, or town where a proposed large data center is to be located.
(a) A data center may not be constructed or operated in this state unless water used by the data center for cooling purposes is contained in a closed-loop cooling system.
(2) W ATER USAGE.
(b) A person may not operate a data center in this state unless the person annually reports to the department the total amount of water used by the data center for the 12-month period prior to submitting the report.
(a) A large data center may not be constructed or operated in this state unless water used by the large data center for cooling purposes is contained in a closed-loop cooling system or any other system that uses an amount of water equal to or less than the amount that a closed-loop cooling system would use.
(3) BONDS AND OTHER SECURITY .
(b) A person may not operate a large data center in this state unless the person annually reports to the department the total amount of water used by the large data center for the 12-month period prior to submitting the report.
(a) A person may not operate a data center in this state unless the person files with the department a bond furnished by a surety company licensed to do business in this state.
(3) B ONDS AND OTHER SECURITY .
(a) A person may not operate a large data center in this state unless the person files with the department a bond furnished by a surety company licensed to do business in this state.
Interest received on certificates of deposit and government securities - 2026 Legislature - 5 - LRBs0244/5 ZDW&KP:all S ECTION 4 shall be paid to the person.
Interest received on certificates of deposit and government securities shall be paid to the person.
(a), the department shall issue written authorization to commence construction of a large data center.
(a), the department shall issue written authorization to commence construction of a data center.
(4) R ECLAMATION .
(4) RECLAMATION .
If construction of a proposed large data center is not completed by the date that the conditional use permit granted for the proposed large data center expires, the owner shall notify the department and the municipality and commence restoring the parcel on which construction was begun.
If construction of a proposed data center is not completed, the owner shall notify the department and commence restoring the parcel on which - 2026 Legislature - 4 - LRB-5891/1 KP&ZDW:cdc&skw ASSEMBLY BILL 840 S ECTION 3 construction was begun.
The owner shall restore the parcel to the extent required by the municipality.
The owner shall restore the parcel, to the greatest extent feasible, to the condition that existed prior to any construction on the data center.
If the municipality requires full restoration of the parcel, the owner shall restore the parcel, to the greatest extent feasible, to the condition that existed prior to any construction of the large data center.
END )
(5) A PPLICABILIT.
Subsections (2) (a) and (3) do not apply to a large data center that is operating or under construction on the effective date of this subsection ....
[LRB inserts date].
(END )
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Senate Substitute Amendment 1 offered by Senator Nass

  3. Available for scheduling

  4. Report concurrence recommended by Committee on Utilities, Technology and Tourism, Ayes 3, Noes 2

  5. Executive action taken

  6. Public hearing held

  7. Read first time and referred to committee on Utilities, Technology and Tourism

  8. LRB correction (Assembly Substitute Amendment 2)

  9. Received from Assembly

  10. Ordered immediately messaged

  11. Read a third time and passed, Ayes 53, Noes 44, Paired 2

  12. Rules suspended

  13. Ordered to a third reading

  14. Assembly Substitute Amendment 1 adopted

  15. Assembly Substitute Amendment 1 offered by Representative Zimmerman

  16. Assembly Substitute Amendment 2 laid on table, Ayes 55, Noes 43

  17. Assembly Substitute Amendment 2 offered by Representative Stroud

  18. Decision of the Chair upheld, Ayes 56, Noes 42

  19. Decision of the Chair appealed

  20. Point of order that Assembly Substitute Amendment 3 not germane under Assembly Rule 54 (3)(f) well taken

  21. Assembly Substitute Amendment 3 offered by Representative Stroud

  22. Decision of the Chair upheld, Ayes 53, Noes 45

  23. Decision of the Chair appealed

  24. Point of order that Assembly Substitute Amendment 4 not germane under Assembly Rule 54 (3)(f) well taken

  25. Assembly Substitute Amendment 4 offered by Representative Phelps

  26. Refused to refer to committee on Energy and Utilities, Ayes 45, Noes 53

  27. Read a second time

  28. Placed on calendar 1-20-2026 by Committee on Rules

  29. Referred to committee on Rules

  30. Report passage recommended by Committee on State Affairs, Ayes 7, Noes 3

  31. Executive action taken

  32. Public hearing held

  33. Read first time and referred to Committee on State Affairs

  34. Introduced by Representatives Zimmerman, Born, Allen, Armstrong, Brooks, Dallman, Dittrich, Duchow, Green, Gundrum, B. Jacobson, Knodl, Krug, Kreibich, Maxey, Melotik, Murphy, Nedweski, Neylon, Novak, O'Connor, Penterman, Petersen, Snyder, Sortwell, Summerfield, Tranel, Wittke and Hurd; cosponsored by Senators Quinn, Feyen, Jagler, James, Marklein and Wimberger

Sponsors

Sponsorship breakdown

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1 sponsors · 34 co-sponsors · 97 not signed on · 40 voted No

Sponsors (1)

Co-sponsors (34)

Not signed on (97)

97 members have not signed on to this bill.

Show all 97 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly Substitute Amendment 2 laid on table

Passed 55 Yea · 43 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 52001
Unaffiliated 1300
Democrat 24000
Total 554301
% of votes cast 56%43%0%1%
How each member voted (99)
Member Party Vote
ANDERSON — Nay
JOHNSON — Nay
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Andraca, Deb Democrat Nay
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Yea
Cruz, Angelina Democrat Yea
DeSanto, Karen Democrat Nay
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Nay
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Nay
McGuire, Tip Democrat Nay
Miresse, Vincent Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Nay
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Nay
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Not Voting
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

environment technology energy
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Frequently asked questions

What does AB 840 do?
An Act to create 196.20 (10), 196.492 and 299.70 of the statutes;
Who sponsors AB 840?
AB 840 is sponsored by Quinn, Feyen, Jagler, James, Marklein, Wimberger, Zimmerman, Shannon (Republican), Born, Mark (Republican), Allen, Scott (Republican), Armstrong, David (Republican), Brooks, Robert (Republican), Dallman, Alex (Republican), Dittrich, Barbara (Republican), Duchow, Cindi (Republican), Green, Chanz (Republican), Gundrum, Rick (Republican), Jacobson, Brent (Republican), Knodl, Daniel (Republican), Krug, Scott (Republican), Kreibich, Rob (Republican), Maxey, Dave (Republican), Melotik, Paul (Republican), Murphy, David (Republican), Nedweski, Amanda (Republican), Neylon, Adam (Republican), Novak, Todd (Republican), O'Connor, Jerry (Republican), Penterman, William (Republican), Petersen, Kevin (Republican), Snyder, Patrick (Republican), Sortwell, Shae (Republican), Summerfield, Rob (Republican), Tranel, Travis (Republican), Wittke, Robert (Republican), and Hurd, Karen (Republican).
What is the current status of AB 840?
This bill has passed the Assembly. Introduced January 09, 2026. It now moves to the second chamber.
Where can I track AB 840?
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