An Ordinance Amending the Code of Ordinances, City of Aurora, by adding “Chapter 50 - Aurora Responsible Data Center Ordinance” and “Chapter 51 - Data Center Privacy Protection Ordinance,” pertaining to performance standards and operational reporting requirements for Data Centers.

This ordinance establishes the Aurora Responsible Data Center Ordinance (Chapter 50) and the Data Center Privacy Protection Ordinance (Chapter 51) to regulate the operational impacts and biometric data practices of data centers within the City of Aurora. These new rules follow a 180-day moratorium on data center and warehouse developments (Ordinance O25-064) and respond to resident concerns regarding noise, utility strain, and privacy.

Key Provisions:

• Operational Standards: Data centers developed after April 1, 2026, must comply with new performance standards for noise, energy, and water usage. This includes annual reporting via ENERGY STAR® Portfolio Manager and third-party noise testing. Emergency generator testing is restricted to 9:00 am to 5:00 pm, Monday–Friday (excluding holidays), with a limit of two generators tested simultaneously.
• Privacy Protections: Modeled after the Illinois Biometric Information Privacy Act (BIPA), this ordinance mandates written consent for biometric data collection, prohibits the sale or profit from such data, and requires a public-facing retention and destruction policy. Data centers must file an Annual Certificate of Compliance by April 1 each year.
• Enforcement: Violations of Chapter 50 are subject to fines of up to $1,000 per day. Violations of Chapter 51 carry administrative fines of $1,000 to $5,000 per violation, potential permit revocation, and ineligibility for local tax incentives. Aggrieved persons may pursue a private right of action in the 18th Judicial Circuit Court of Kane County.

Timeline:

• The ordinance takes effect on April 1, 2026.
• The city intends to lift the development moratorium by March 24, 2026.