Scope
Section 605-1025 of the Illinois Department of Commerce and Economic Opportunity Law (20 ILCS 605/605-1025) directs the Department to issue certificates of exemption from state and certain locally imposed sales and use taxes, and a credit certification against Illinois income tax, to qualifying Illinois data centers. A new data center, or an existing data center making an upgrade, qualifies by making a capital investment of at least $250,000,000 over a 60-month period beginning on or after 1 January 2020 (the section also sets a pre-2020 investment test for existing centers), creating at least 20 full-time or full-time equivalent new jobs over 60 months with total compensation of at least 120% of the county average wage, and certifying within 2 years after being placed in service that it is carbon neutral or holds a listed green building certification. A certificate may not exceed 20 calendar years, and the Department may not issue new certificates after 1 July 2029.
- Geographic scope
- Illinois
- Jurisdiction
- State
- Authority type
- Legislature
- Issuing authority
- Illinois General Assembly
Dates
- Adopted
- No adoption day is recorded
- Effective
- Several dates apply; see the source
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- The section bars new certificates of exemption after 1 July 2029 and says that sunset does not affect certificates in effect on that day. Each certificate may run no longer than 20 calendar years. No program-wide expiration is stated.
- Source document
- 16 June 2026
- Last checked
- 23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
Illinois law at 20 ILCS 605/605-1025 sets up the Data Center Investment program. The Department of Commerce and Economic Opportunity issues certificates of exemption from state and certain local sales and use taxes, and income tax credit certifications, to data centers that meet the section's investment, job, wage and carbon-neutral or green-building conditions. The compiled section, whose source note cites Public Act 104-468 effective 16 June 2026, bars new certificates after 1 July 2029 while leaving existing certificates in place. The Department's statement that it stopped processing applications on 1 July 2026 is a separate record.
What this does not establish
- The compiled section's source note cites only the latest amending act, Public Act 104-468, effective 16 June 2026; that date is stored as the document date. The day the program first took effect is not printed on the opened page, so no single effective date is stored.
- The Department's statement that, at the Governor's direction, it stopped processing applications on 1 July 2026 is a separate record; the compiled section does not mention it and it does not repeal this section.
- The 1 July 2029 date ends issuance of new certificates only; it is not an expiration of certificates already issued.
- The section's data center definition is also used by the backup generator permit standards in the separate record il-pa-104-0458-crga-data-center-backup-generator-permits.
- The record does not establish that any named facility holds a certificate.
Unresolved questions
- Whether the General Assembly will amend the section to reflect the 1 July 2026 stop in processing applications was not established.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- Related, not a replacement Stop in processing data center incentive applications (In effect)
- Related, not a replacement Data Center Investment Program administrative rules (14 Ill. Adm. Code 521) (In effect)
- Related, not a replacement Public Act 104-0468 amendment to the data center investment section (In effect)
- Related, not a replacement Emission standards for data center backup generator permits (In effect)
Sources
https://www.ilga.gov/documents/legislation/ilcs/documents/002006050K605-1025.htm