SB 843 — Relating to: certain requirements related to data centers.

- 2026 LEGISLATURE LRBs0358/1LRB-5918/1 ZDW&KP:allKP&ZDW:cdc&skw SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 843 FebruaryJanuary 12,15, 2026 - OfferedIntroduced by SenatorSenators Q UINNUINN, .FEYEN , JAGLER, JAMES, M ARKLEIN and W IMBERGER , cosponsored by Representatives IMMERMAN , B ORN, ALLEN, ARMSTRONG , BROOKS, DALLMAN , ITTRICH, GREEN, GUNDRUM , B.

AJ ACOBSON , K NODL , K RUG, K REIBICH, M AXEY, M ELOTIK, M URPHY, N AEDWESKI CT, toNEYLON, createN 103.166,OVAK, 196.20O'CONNOR (10),, 196.492PENTERMAN and, 299.70PETERSEN of, theSNYDER, statutes;S ORTWELL , UMMERFIELD , RANEL and W ITTKE.

Referred to Committee on Utilities, Technology and Tourism.

A N A CT to create 196.20 (10), 196.492 and 299.70 of the statutes;

certain requirements related to large data centers.

Analysis by the Legislative Reference Bureau This bill definesestablishes “largethe datafollowing center”requirements torelated mean a facility to whichdata allcenters: of the following apply:

The facilityPublic isService usedCommission primarilymust forensure thein storage,its management,rate-making processing,orders andthat transmissionno ofcosts digitalassociated datawith for the deliveryconstruction ofor cloudextension computingof services,electric providinginfrastructure networkthat connectivityprimarily services,serves ora supportingdata artificialcenter intelligence,are machineallocated learning,to or similarrecovered computationalfrom services.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.

TheAny facilityrenewable housesenergy computerfacility andthat networkprimarily systems,serves includingthe associatedload componentsof sucha asdata servers,center networkmust equipment,be datalocated storageat systems,the datasite communicationsof connections,the anddata supportingcenter. infrastructure systems.

TheWater facilityused hasby ana information-technologydata loadcenter offor morecooling thanpurposes 20must gigawatt-be hourscontained in electricitya consumptionclosed-loop orcooling 100system, megawattswhich is a system for removing heat from equipment and that relies on a fixed volume of electricalwater demand.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 - LRBs0358/1 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-month12- 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.

If construction of a proposed large data center is not completedcompleted, by the dateowner thatmust the- conditional2026 useLegislature permit- granted2 for- theLRB-5918/1 proposedKP&ZDW:cdc&skw largeSENATE dataBILL center843 expires,SECTION the1 owner must notify DNR and thecommence city,restoring village,the orparcel townto (municipality)the wherecondition thethat largeexisted dataprior centerto wasany proposedconstruction toon bethe constructed.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(a) commissionIn shallthis ensuresubsection, in“data rate-makingcenter” ordersmeans thata nofacility utilityhaving -a 2026primary Legislaturepurpose -of 3storing, -managing, LRBs0358/1and ZDW&KP:allprocessing SECTIONdigital 2data. costs used for serving large data centers, as defined in s.

196.492(b) (1)The (a),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 3.2.

196.492 Location of renewable energy facilities serving large data centers.

(a) 1.“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.