IL
Illinois House Bill HB3935

Illinois 2023-2024 Regular Session

Illinois House Bill HB3935 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3935 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15415 ILCS 5/3.131 rep. Amends the Environmental Protection Act. Restores a provision in the Act concerning the regulation of greenhouse gases to its form prior to amendment by P.A. 102-662. Repeals a provision defining "clean energy". Effective immediately. LRB103 28358 CPF 54738 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3935 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15415 ILCS 5/3.131 rep. 415 ILCS 5/9.15 415 ILCS 5/3.131 rep. Amends the Environmental Protection Act. Restores a provision in the Act concerning the regulation of greenhouse gases to its form prior to amendment by P.A. 102-662. Repeals a provision defining "clean energy". Effective immediately. LRB103 28358 CPF 54738 b LRB103 28358 CPF 54738 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3935 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
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66 Amends the Environmental Protection Act. Restores a provision in the Act concerning the regulation of greenhouse gases to its form prior to amendment by P.A. 102-662. Repeals a provision defining "clean energy". Effective immediately.
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1212 1 AN ACT concerning safety.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Environmental Protection Act is amended by
1616 5 changing Section 9.15 as follows:
1717 6 (415 ILCS 5/9.15)
1818 7 Sec. 9.15. Greenhouse gases.
1919 8 (a) An air pollution construction permit shall not be
2020 9 required due to emissions of greenhouse gases if the
2121 10 equipment, site, or source is not subject to regulation, as
2222 11 defined by 40 CFR 52.21, as now or hereafter amended, for
2323 12 greenhouse gases. This exemption does or is otherwise not
2424 13 addressed in this Section or by the Board in regulations for
2525 14 greenhouse gases. These exemptions do not relieve an owner or
2626 15 operator from the obligation to comply with other applicable
2727 16 rules or regulations.
2828 17 (b) An air pollution operating permit shall not be
2929 18 required due to emissions of greenhouse gases if the
3030 19 equipment, site, or source is not subject to regulation, as
3131 20 defined by Section 39.5 of this Act, for greenhouse gases.
3232 21 This exemption does or is otherwise not addressed in this
3333 22 Section or by the Board in regulations for greenhouse gases.
3434 23 These exemptions do not relieve an owner or operator from the
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3935 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
3939 415 ILCS 5/9.15415 ILCS 5/3.131 rep. 415 ILCS 5/9.15 415 ILCS 5/3.131 rep.
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4242 Amends the Environmental Protection Act. Restores a provision in the Act concerning the regulation of greenhouse gases to its form prior to amendment by P.A. 102-662. Repeals a provision defining "clean energy". Effective immediately.
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7171 1 obligation to comply with other applicable rules or
7272 2 regulations.
7373 3 (c) Notwithstanding any provision to the contrary in this
7474 4 Section, an air pollution construction or operating permit
7575 5 shall not be required due to emissions of greenhouse gases if
7676 6 any of the following events occur: (Blank).
7777 7 (1) enactment of federal legislation depriving the
7878 8 Administrator of the USEPA of authority to regulate
7979 9 greenhouse gases under the Clean Air Act;
8080 10 (2) the issuance of any opinion, ruling, judgment,
8181 11 order, or decree by a federal court depriving the
8282 12 Administrator of the USEPA of authority to regulate
8383 13 greenhouse gases under the Clean Air Act; or
8484 14 (3) action by the President of the United States or
8585 15 the President's authorized agent, including the
8686 16 Administrator of the USEPA, to repeal or withdraw the
8787 17 Greenhouse Gas Tailoring Rule (75 Fed. Reg. 31514, June 3,
8888 18 2010).
8989 19 This subsection (c) does not relieve an owner or operator
9090 20 from the obligation to comply with applicable rules or
9191 21 regulations other than those relating to greenhouse gases.
9292 22 (d) If any event listed in subsection (c) of this Section
9393 23 occurs, permits issued after such event shall not impose
9494 24 permit terms or conditions addressing greenhouse gases during
9595 25 the effectiveness of any event listed in subsection (c).
9696 26 (Blank).
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107107 1 (e) If an event listed in subsection (c) of this Section
108108 2 occurs, any owner or operator with a permit that includes
109109 3 terms or conditions addressing greenhouse gases may elect to
110110 4 submit an application to the Agency to address a revision or
111111 5 repeal of such terms or conditions. The Agency shall
112112 6 expeditiously process such permit application in accordance
113113 7 with applicable laws and regulations. (Blank).
114114 8 (f) (Blank). As used in this Section:
115115 9 "Carbon dioxide emission" means the plant annual CO2 total
116116 10 output emission as measured by the United States Environmental
117117 11 Protection Agency in its Emissions & Generation Resource
118118 12 Integrated Database (eGrid), or its successor.
119119 13 "Carbon dioxide equivalent emissions" or "CO2e" means the
120120 14 sum total of the mass amount of emissions in tons per year,
121121 15 calculated by multiplying the mass amount of each of the 6
122122 16 greenhouse gases specified in Section 3.207, in tons per year,
123123 17 by its associated global warming potential as set forth in 40
124124 18 CFR 98, subpart A, table A-1 or its successor, and then adding
125125 19 them all together.
126126 20 "Cogeneration" or "combined heat and power" refers to any
127127 21 system that, either simultaneously or sequentially, produces
128128 22 electricity and useful thermal energy from a single fuel
129129 23 source.
130130 24 "Copollutants" refers to the 6 criteria pollutants that
131131 25 have been identified by the United States Environmental
132132 26 Protection Agency pursuant to the Clean Air Act.
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143143 1 "Electric generating unit" or "EGU" means a fossil
144144 2 fuel-fired stationary boiler, combustion turbine, or combined
145145 3 cycle system that serves a generator that has a nameplate
146146 4 capacity greater than 25 MWe and produces electricity for
147147 5 sale.
148148 6 "Environmental justice community" means the definition of
149149 7 that term based on existing methodologies and findings, used
150150 8 and as may be updated by the Illinois Power Agency and its
151151 9 program administrator in the Illinois Solar for All Program.
152152 10 "Equity investment eligible community" or "eligible
153153 11 community" means the geographic areas throughout Illinois that
154154 12 would most benefit from equitable investments by the State
155155 13 designed to combat discrimination and foster sustainable
156156 14 economic growth. Specifically, eligible community means the
157157 15 following areas:
158158 16 (1) areas where residents have been historically
159159 17 excluded from economic opportunities, including
160160 18 opportunities in the energy sector, as defined as R3 areas
161161 19 pursuant to Section 10-40 of the Cannabis Regulation and
162162 20 Tax Act; and
163163 21 (2) areas where residents have been historically
164164 22 subject to disproportionate burdens of pollution,
165165 23 including pollution from the energy sector, as established
166166 24 by environmental justice communities as defined by the
167167 25 Illinois Power Agency pursuant to the Illinois Power
168168 26 Agency Act, excluding any racial or ethnic indicators.
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179179 1 "Equity investment eligible person" or "eligible person"
180180 2 means the persons who would most benefit from equitable
181181 3 investments by the State designed to combat discrimination and
182182 4 foster sustainable economic growth. Specifically, eligible
183183 5 person means the following people:
184184 6 (1) persons whose primary residence is in an equity
185185 7 investment eligible community;
186186 8 (2) persons whose primary residence is in a
187187 9 municipality, or a county with a population under 100,000,
188188 10 where the closure of an electric generating unit or mine
189189 11 has been publicly announced or the electric generating
190190 12 unit or mine is in the process of closing or closed within
191191 13 the last 5 years;
192192 14 (3) persons who are graduates of or currently enrolled
193193 15 in the foster care system; or
194194 16 (4) persons who were formerly incarcerated.
195195 17 "Existing emissions" means:
196196 18 (1) for CO2e, the total average tons-per-year of CO2e
197197 19 emitted by the EGU or large GHG-emitting unit either in
198198 20 the years 2018 through 2020 or, if the unit was not yet in
199199 21 operation by January 1, 2018, in the first 3 full years of
200200 22 that unit's operation; and
201201 23 (2) for any copollutant, the total average
202202 24 tons-per-year of that copollutant emitted by the EGU or
203203 25 large GHG-emitting unit either in the years 2018 through
204204 26 2020 or, if the unit was not yet in operation by January 1,
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215215 1 2018, in the first 3 full years of that unit's operation.
216216 2 "Green hydrogen" means a power plant technology in which
217217 3 an EGU creates electric power exclusively from electrolytic
218218 4 hydrogen, in a manner that produces zero carbon and
219219 5 copollutant emissions, using hydrogen fuel that is
220220 6 electrolyzed using a 100% renewable zero carbon emission
221221 7 energy source.
222222 8 "Large greenhouse gas-emitting unit" or "large
223223 9 GHG-emitting unit" means a unit that is an electric generating
224224 10 unit or other fossil fuel-fired unit that itself has a
225225 11 nameplate capacity or serves a generator that has a nameplate
226226 12 capacity greater than 25 MWe and that produces electricity,
227227 13 including, but not limited to, coal-fired, coal-derived,
228228 14 oil-fired, natural gas-fired, and cogeneration units.
229229 15 "NOx emission rate" means the plant annual NOx total output
230230 16 emission rate as measured by the United States Environmental
231231 17 Protection Agency in its Emissions & Generation Resource
232232 18 Integrated Database (eGrid), or its successor, in the most
233233 19 recent year for which data is available.
234234 20 "Public greenhouse gas-emitting units" or "public
235235 21 GHG-emitting unit" means large greenhouse gas-emitting units,
236236 22 including EGUs, that are wholly owned, directly or indirectly,
237237 23 by one or more municipalities, municipal corporations, joint
238238 24 municipal electric power agencies, electric cooperatives, or
239239 25 other governmental or nonprofit entities, whether organized
240240 26 and created under the laws of Illinois or another state.
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251251 1 "SO2 emission rate" means the "plant annual SO2 total
252252 2 output emission rate" as measured by the United States
253253 3 Environmental Protection Agency in its Emissions & Generation
254254 4 Resource Integrated Database (eGrid), or its successor, in the
255255 5 most recent year for which data is available.
256256 6 (g) All EGUs and large greenhouse gas-emitting units that
257257 7 use coal or oil as a fuel and are not public GHG-emitting units
258258 8 shall permanently reduce all CO2e and copollutant emissions to
259259 9 zero no later than January 1, 2030.
260260 10 (h) All EGUs and large greenhouse gas-emitting units that
261261 11 use coal as a fuel and are public GHG-emitting units shall
262262 12 permanently reduce CO2e emissions to zero no later than
263263 13 December 31, 2045. Any source or plant with such units must
264264 14 also reduce their CO2e emissions by 45% from existing
265265 15 emissions by no later than January 1, 2035. If the emissions
266266 16 reduction requirement is not achieved by December 31, 2035,
267267 17 the plant shall retire one or more units or otherwise reduce
268268 18 its CO2e emissions by 45% from existing emissions by June 30,
269269 19 2038.
270270 20 (i) All EGUs and large greenhouse gas-emitting units that
271271 21 use gas as a fuel and are not public GHG-emitting units shall
272272 22 permanently reduce all CO2e and copollutant emissions to zero,
273273 23 including through unit retirement or the use of 100% green
274274 24 hydrogen or other similar technology that is commercially
275275 25 proven to achieve zero carbon emissions, according to the
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287287 1 (1) No later than January 1, 2030: all EGUs and large
288288 2 greenhouse gas-emitting units that have a NOx emissions
289289 3 rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
290290 4 greater than 0.006 lb/MWh, and are located in or within 3
291291 5 miles of an environmental justice community designated as
292292 6 of January 1, 2021 or an equity investment eligible
293293 7 community.
294294 8 (2) No later than January 1, 2040: all EGUs and large
295295 9 greenhouse gas-emitting units that have a NOx emission
296296 10 rate of greater than 0.12 lbs/MWh or a SO2 emission rate
297297 11 greater than 0.006 lb/MWh, and are not located in or
298298 12 within 3 miles of an environmental justice community
299299 13 designated as of January 1, 2021 or an equity investment
300300 14 eligible community. After January 1, 2035, each such EGU
301301 15 and large greenhouse gas-emitting unit shall reduce its
302302 16 CO2e emissions by at least 50% from its existing emissions
303303 17 for CO2e, and shall be limited in operation to, on average,
304304 18 6 hours or less per day, measured over a calendar year, and
305305 19 shall not run for more than 24 consecutive hours except in
306306 20 emergency conditions, as designated by a Regional
307307 21 Transmission Organization or Independent System Operator.
308308 22 (3) No later than January 1, 2035: all EGUs and large
309309 23 greenhouse gas-emitting units that began operation prior
310310 24 to the effective date of this amendatory Act of the 102nd
311311 25 General Assembly and have a NOx emission rate of less than
312312 26 or equal to 0.12 lb/MWh and a SO2 emission rate less than
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323323 1 or equal to 0.006 lb/MWh, and are located in or within 3
324324 2 miles of an environmental justice community designated as
325325 3 of January 1, 2021 or an equity investment eligible
326326 4 community. Each such EGU and large greenhouse gas-emitting
327327 5 unit shall reduce its CO2e emissions by at least 50% from
328328 6 its existing emissions for CO2e no later than January 1,
329329 7 2030.
330330 8 (4) No later than January 1, 2040: All remaining EGUs
331331 9 and large greenhouse gas-emitting units that have a heat
332332 10 rate greater than or equal to 7000 BTU/kWh. Each such EGU
333333 11 and Large greenhouse gas-emitting unit shall reduce its
334334 12 CO2e emissions by at least 50% from its existing emissions
335335 13 for CO2e no later than January 1, 2035.
336336 14 (5) No later than January 1, 2045: all remaining EGUs
337337 15 and large greenhouse gas-emitting units.
338338 16 (j) All EGUs and large greenhouse gas-emitting units that
339339 17 use gas as a fuel and are public GHG-emitting units shall
340340 18 permanently reduce all CO2e and copollutant emissions to zero,
341341 19 including through unit retirement or the use of 100% green
342342 20 hydrogen or other similar technology that is commercially
343343 21 proven to achieve zero carbon emissions by January 1, 2045.
344344 22 (k) All EGUs and large greenhouse gas-emitting units that
345345 23 utilize combined heat and power or cogeneration technology
346346 24 shall permanently reduce all CO2e and copollutant emissions to
347347 25 zero, including through unit retirement or the use of 100%
348348 26 green hydrogen or other similar technology that is
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359359 1 commercially proven to achieve zero carbon emissions by
360360 2 January 1, 2045.
361361 3 (k-5) No EGU or large greenhouse gas-emitting unit that
362362 4 uses gas as a fuel and is not a public GHG-emitting unit may
363363 5 emit, in any 12-month period, CO2e or copollutants in excess of
364364 6 that unit's existing emissions for those pollutants.
365365 7 (l) Notwithstanding subsections (g) through (k-5), large
366366 8 GHG-emitting units including EGUs may temporarily continue
367367 9 emitting CO2e and copollutants after any applicable deadline
368368 10 specified in any of subsections (g) through (k-5) if it has
369369 11 been determined, as described in paragraphs (1) and (2) of
370370 12 this subsection, that ongoing operation of the EGU is
371371 13 necessary to maintain power grid supply and reliability or
372372 14 ongoing operation of large GHG-emitting unit that is not an
373373 15 EGU is necessary to serve as an emergency backup to
374374 16 operations. Up to and including the occurrence of an emission
375375 17 reduction deadline under subsection (i), all EGUs and large
376376 18 GHG-emitting units must comply with the following terms:
377377 19 (1) if an EGU or large GHG-emitting unit that is a
378378 20 participant in a regional transmission organization
379379 21 intends to retire, it must submit documentation to the
380380 22 appropriate regional transmission organization by the
381381 23 appropriate deadline that meets all applicable regulatory
382382 24 requirements necessary to obtain approval to permanently
383383 25 cease operating the large GHG-emitting unit;
384384 26 (2) if any EGU or large GHG-emitting unit that is a
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395395 1 participant in a regional transmission organization
396396 2 receives notice that the regional transmission
397397 3 organization has determined that continued operation of
398398 4 the unit is required, the unit may continue operating
399399 5 until the issue identified by the regional transmission
400400 6 organization is resolved. The owner or operator of the
401401 7 unit must cooperate with the regional transmission
402402 8 organization in resolving the issue and must reduce its
403403 9 emissions to zero, consistent with the requirements under
404404 10 subsection (g), (h), (i), (j), (k), or (k-5), as
405405 11 applicable, as soon as practicable when the issue
406406 12 identified by the regional transmission organization is
407407 13 resolved; and
408408 14 (3) any large GHG-emitting unit that is not a
409409 15 participant in a regional transmission organization shall
410410 16 be allowed to continue emitting CO2e and copollutants
411411 17 after the zero-emission date specified in subsection (g),
412412 18 (h), (i), (j), (k), or (k-5), as applicable, in the
413413 19 capacity of an emergency backup unit if approved by the
414414 20 Illinois Commerce Commission.
415415 21 (m) No variance, adjusted standard, or other regulatory
416416 22 relief otherwise available in this Act may be granted to the
417417 23 emissions reduction and elimination obligations in this
418418 24 Section.
419419 25 (n) By June 30 of each year, beginning in 2025, the Agency
420420 26 shall prepare and publish on its website a report setting
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431431 1 forth the actual greenhouse gas emissions from individual
432432 2 units and the aggregate statewide emissions from all units for
433433 3 the prior year.
434434 4 (o) Every 5 years beginning in 2025, the Environmental
435435 5 Protection Agency, Illinois Power Agency, and Illinois
436436 6 Commerce Commission shall jointly prepare, and release
437437 7 publicly, a report to the General Assembly that examines the
438438 8 State's current progress toward its renewable energy resource
439439 9 development goals, the status of CO2e and copollutant
440440 10 emissions reductions, the current status and progress toward
441441 11 developing and implementing green hydrogen technologies, the
442442 12 current and projected status of electric resource adequacy and
443443 13 reliability throughout the State for the period beginning 5
444444 14 years ahead, and proposed solutions for any findings. The
445445 15 Environmental Protection Agency, Illinois Power Agency, and
446446 16 Illinois Commerce Commission shall consult PJM
447447 17 Interconnection, LLC and Midcontinent Independent System
448448 18 Operator, Inc., or their respective successor organizations
449449 19 regarding forecasted resource adequacy and reliability needs,
450450 20 anticipated new generation interconnection, new transmission
451451 21 development or upgrades, and any announced large GHG-emitting
452452 22 unit closure dates and include this information in the report.
453453 23 The report shall be released publicly by no later than
454454 24 December 15 of the year it is prepared. If the Environmental
455455 25 Protection Agency, Illinois Power Agency, and Illinois
456456 26 Commerce Commission jointly conclude in the report that the
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467467 1 data from the regional grid operators, the pace of renewable
468468 2 energy development, the pace of development of energy storage
469469 3 and demand response utilization, transmission capacity, and
470470 4 the CO2e and copollutant emissions reductions required by
471471 5 subsection (i) or (k-5) reasonably demonstrate that a resource
472472 6 adequacy shortfall will occur, including whether there will be
473473 7 sufficient in-state capacity to meet the zonal requirements of
474474 8 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
475475 9 regional transmission organizations, or that the regional
476476 10 transmission operators determine that a reliability violation
477477 11 will occur during the time frame the study is evaluating, then
478478 12 the Illinois Power Agency, in conjunction with the
479479 13 Environmental Protection Agency shall develop a plan to reduce
480480 14 or delay CO2e and copollutant emissions reductions
481481 15 requirements only to the extent and for the duration necessary
482482 16 to meet the resource adequacy and reliability needs of the
483483 17 State, including allowing any plants whose emission reduction
484484 18 deadline has been identified in the plan as creating a
485485 19 reliability concern to continue operating, including operating
486486 20 with reduced emissions or as emergency backup where
487487 21 appropriate. The plan shall also consider the use of renewable
488488 22 energy, energy storage, demand response, transmission
489489 23 development, or other strategies to resolve the identified
490490 24 resource adequacy shortfall or reliability violation.
491491 25 (1) In developing the plan, the Environmental
492492 26 Protection Agency and the Illinois Power Agency shall hold
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503503 1 at least one workshop open to, and accessible at a time and
504504 2 place convenient to, the public and shall consider any
505505 3 comments made by stakeholders or the public. Upon
506506 4 development of the plan, copies of the plan shall be
507507 5 posted and made publicly available on the Environmental
508508 6 Protection Agency's, the Illinois Power Agency's, and the
509509 7 Illinois Commerce Commission's websites. All interested
510510 8 parties shall have 60 days following the date of posting
511511 9 to provide comment to the Environmental Protection Agency
512512 10 and the Illinois Power Agency on the plan. All comments
513513 11 submitted to the Environmental Protection Agency and the
514514 12 Illinois Power Agency shall be encouraged to be specific,
515515 13 supported by data or other detailed analyses, and, if
516516 14 objecting to all or a portion of the plan, accompanied by
517517 15 specific alternative wording or proposals. All comments
518518 16 shall be posted on the Environmental Protection Agency's,
519519 17 the Illinois Power Agency's, and the Illinois Commerce
520520 18 Commission's websites. Within 30 days following the end of
521521 19 the 60-day review period, the Environmental Protection
522522 20 Agency and the Illinois Power Agency shall revise the plan
523523 21 as necessary based on the comments received and file its
524524 22 revised plan with the Illinois Commerce Commission for
525525 23 approval.
526526 24 (2) Within 60 days after the filing of the revised
527527 25 plan at the Illinois Commerce Commission, any person
528528 26 objecting to the plan shall file an objection with the
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539539 1 Illinois Commerce Commission. Within 30 days after the
540540 2 expiration of the comment period, the Illinois Commerce
541541 3 Commission shall determine whether an evidentiary hearing
542542 4 is necessary. The Illinois Commerce Commission shall also
543543 5 host 3 public hearings within 90 days after the plan is
544544 6 filed. Following the evidentiary and public hearings, the
545545 7 Illinois Commerce Commission shall enter its order
546546 8 approving or approving with modifications the reliability
547547 9 mitigation plan within 180 days.
548548 10 (3) The Illinois Commerce Commission shall only
549549 11 approve the plan if the Illinois Commerce Commission
550550 12 determines that it will resolve the resource adequacy or
551551 13 reliability deficiency identified in the reliability
552552 14 mitigation plan at the least amount of CO2e and copollutant
553553 15 emissions, taking into consideration the emissions impacts
554554 16 on environmental justice communities, and that it will
555555 17 ensure adequate, reliable, affordable, efficient, and
556556 18 environmentally sustainable electric service at the lowest
557557 19 total cost over time, taking into account the impact of
558558 20 increases in emissions.
559559 21 (4) If the resource adequacy or reliability deficiency
560560 22 identified in the reliability mitigation plan is resolved
561561 23 or reduced, the Environmental Protection Agency and the
562562 24 Illinois Power Agency may file an amended plan adjusting
563563 25 the reduction or delay in CO2e and copollutant emission
564564 26 reduction requirements identified in the plan.
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575575 1 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
576576 2 (415 ILCS 5/3.131 rep.)
577577 3 Section 10. The Environmental Protection Act is amended by
578578 4 repealing Section 3.131.
579579 5 Section 99. Effective date. This Act takes effect upon
580580 6 becoming law.
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