Section 521.40  Eligibility Determination

a)         Any taxpayer that owns or operates a data center in the State of Illinois, or a data center to be constructed and is planned to be located in the State of Illinois, may be an "applicant".

b)         A taxpayer may not execute more than one MOU with respect to a single address or location for the same period of time. This provision does not preclude the applicant from entering into an additional MOU after the expiration of an earlier MOU to the extent the taxpayer's application otherwise satisfies the terms and conditions of the Statute and is approved by the Department.

c)         In order to qualify for the tax exemptions under Section 605-1025(a) of the Statute, an applicant's project must meet the definition of a qualifying Illinois data center as defined in Section 521.20.

d)         In order to qualify for the tax credits under Section 605-1025(a) of the Statute, an applicant's project must be approved as a qualifying Illinois data center and the new data center must be located in an underserved area as defined in Section 521.20.