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certificate of eligibility issued by the Department. (d) New and existing data centers seeking a certificate of exemption for new or existing facilities shall apply to the Department in the manner specified by the Department. The Department shall determine the duration of the certificate of exemption awarded under this Act. The duration of the certificate of exemption may not exceed 20 calendar years. The Department and any data center seeking the exemption, including a data center operator on behalf of itself and its tenants, must enter into a memorandum of understanding that at a minimum provides: (1) the details for determining the amount of capital investment to be made; (2) the number of new jobs created; (3) the timeline for achieving the capital investment and new job goals; (4) the repayment obligation should those goals not be achieved and any conditions under which repayment by the qualifying data center or data center tenant claiming the exemption will be required; (5) the duration of the exemption; and (6) other provisions as deemed necessary by the Department. (e) Beginning July 1, 2021, and each year thereafter, the Department shall annually report to the Governor and the General Assembly on the outcomes and effectiveness of Public SB3019 Enrolled LRB104 20255 HLH 33706 b Public Act 104-0468