1. (1) An owner or operator of a Data Center may establish its qualifications as a Qualified Data Center by applying for and receiving Certification from EOED.

2. (2) Applications for Certification shall be made on a form required by EOED, in consultation with the Commissioner of Revenue, and shall include:

   1. (a) The business entity name, address and telephone number of the owner or operator applying for Certification as a Qualified Data Center.
   2. (b) The address of the site where the proposed Qualified Data Center is or will be located including, but not limited to, information sufficient to identify the facility composing the Qualified Data Center and the expected commercial operations date of each Data Center Building that will be located at the Qualified Data Center.
   3. (c) The anticipated aggregate square feet of the proposed Qualified Data Center for which the Qualified Data Center Sales Tax Exemption is being sought; provided, that in determining whether the facility has the required square footage, the total square footage of the Qualified Data Center shall include the space that houses the computer information technology equipment, networking, data processing or data storage, including, but not limited to, servers and routers and the following spaces that support the operation of enterprise information technology equipment including, but not limited to, office space, meeting space, loading dock space and other support facilities.
   4. (d) The proposed construction schedule and anticipated investments in the Qualified Data Center evidencing Qualified Data Center Costs that exceed $50,000,000 within a ten-year period from the effective date of the Certification.
   5. (e) The anticipated number, type and hiring schedule of jobs that the Qualified Data Center will create and maintain within the first year of operations after Certification, and every five years from Certification during the Qualification Period, including a projection of how many Permanent Full-time Employees will work at the Qualified Data Center.
   6. (f) A schedule and budget for the Eligible Expenditures of the proposed Qualified Data Center, which shall set forth all anticipated expenditures eligible for exemption under the Qualified Data Center Sales Tax Exemption.

   7. (g) For a proposed Qualified Data Center that will include more than one Data Center Building,

      1. 1. the projected date that construction will commence for each Data Center Building, and
      2. 2. the projected date that each Data Center Building will commence operation.
   8. (h) An affirmation, signed by the authorized executive, representing and applying on behalf of the owner or operator of the proposed Qualified Data Center, that the proposed Qualified Data Center is expected to satisfy the requirements for Certification; and
   9. (i) Any other information EOED determines necessary to determine the applicant's eligibility for Certification or the impacts of the proposed Qualified Data Center.

3. (3) Applications for Certification shall also provide the following information to the Executive Offices of Economic Development and Energy and Environmental Affairs to promote the efficient planning and deployment of electric generation, transmission, and distribution infrastructure:

   1. (a) An estimate of the peak electricity demand and annual electricity consumption of the proposed Qualified Data Center once completed, as well as the peak electricity demand of any portion of the proposed Qualified Data Center that will come online before the completion of the entire facility; and
   2. (b) Any commitments or contracts to support the deployment of incremental power generation located in New England by the owner or operator of the proposed Qualified Data Center, including on-site power generation. Information provided by the applicant pursuant to 400CMR9.03(3) may be shared with the

Department of Energy Resources, the Department of Public Utilities or other agencies of the Commonwealth, as appropriate, to inform capital investment and policy-making decisions.

1. (4) Within 15 business days of receiving an application, EOED will notify the applicant if it deems the application to be complete. If EOED determines the application is not complete, it will notify the applicant of the information required to be provided in order to deem the application complete.