1. a) The pass-on of municipal and State utility taxes added to a business' utility bills as additional charges shall be exempt for a business enterprise located within an area designated by a county or municipality as an enterprise zone pursuant to the Illinois Enterprise Zone Act [20 ILCS 655]. The business enterprise must meet the following criteria [20 ILCS 5/9-222.1]:

   1. 1) it either makes investments that cause the creation of a minimum of 200 full-time equivalent jobs in Illinois or makes investments that cause the retention of a minimum of 1,000 full-time jobs in Illinois;
   2. 2) it is located in an enterprise zone established pursuant to the Illinois Enterprise Zone Act; and

2. 3) is certified by the Department of Commerce and Economic Opportunity as complying with the requirements specified in subsections (a)(1) and (2). [220 ILCS 5/9-222.1(3)

   1. b) Business enterprises seeking certificates of eligibility must make application to the Department of Commerce and Economic Opportunity on forms provided by them. The Illinois Department of Revenue has no authority to certify business enterprises for the purposes of the exemption. (See 14 Ill. Adm. Code 520.)

(Source: Amended at 43 Ill. Reg. 7463, effective June 18, 2019)