Illinois 2023-2024 Regular Session

Illinois House Bill HB5323 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5323 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15 Amends the Environmental Protection Act. Provides, in a provision concerning the regulation of greenhouse gases, that a specific greenhouse gas emission limit does not apply to black start facilities. Defines "black start facility". LRB103 38672 BDA 68809 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5323 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15 415 ILCS 5/9.15 Amends the Environmental Protection Act. Provides, in a provision concerning the regulation of greenhouse gases, that a specific greenhouse gas emission limit does not apply to black start facilities. Defines "black start facility". LRB103 38672 BDA 68809 b LRB103 38672 BDA 68809 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5323 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
33 415 ILCS 5/9.15 415 ILCS 5/9.15
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55 Amends the Environmental Protection Act. Provides, in a provision concerning the regulation of greenhouse gases, that a specific greenhouse gas emission limit does not apply to black start facilities. Defines "black start facility".
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1111 1 AN ACT concerning safety.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Environmental Protection Act is amended by
1515 5 changing Section 9.15 as follows:
1616 6 (415 ILCS 5/9.15)
1717 7 Sec. 9.15. Greenhouse gases.
1818 8 (a) An air pollution construction permit shall not be
1919 9 required due to emissions of greenhouse gases if the
2020 10 equipment, site, or source is not subject to regulation, as
2121 11 defined by 40 CFR 52.21, as now or hereafter amended, for
2222 12 greenhouse gases or is otherwise not addressed in this Section
2323 13 or by the Board in regulations for greenhouse gases. These
2424 14 exemptions do not relieve an owner or operator from the
2525 15 obligation to comply with other applicable rules or
2626 16 regulations.
2727 17 (b) An air pollution operating permit shall not be
2828 18 required due to emissions of greenhouse gases if the
2929 19 equipment, site, or source is not subject to regulation, as
3030 20 defined by Section 39.5 of this Act, for greenhouse gases or is
3131 21 otherwise not addressed in this Section or by the Board in
3232 22 regulations for greenhouse gases. These exemptions do not
3333 23 relieve an owner or operator from the obligation to comply
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5323 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
3838 415 ILCS 5/9.15 415 ILCS 5/9.15
3939 415 ILCS 5/9.15
4040 Amends the Environmental Protection Act. Provides, in a provision concerning the regulation of greenhouse gases, that a specific greenhouse gas emission limit does not apply to black start facilities. Defines "black start facility".
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6868 1 with other applicable rules or regulations.
6969 2 (c) (Blank).
7070 3 (d) (Blank).
7171 4 (e) (Blank).
7272 5 (f) As used in this Section:
7373 6 "Black start facility" means a generating unit that has a
7474 7 high operating factor or equipment enabling it to start
7575 8 without an outside electrical supply and that a transmission
7676 9 provider concurs has the demonstrated ability to automatically
7777 10 remain operating, at reduced levels, when disconnected from
7878 11 the electric grid. Black start facilities are essential to a
7979 12 system restoration plan, as defined by the North American
8080 13 Electric Reliability Corporation (NERC) and the Federal Energy
8181 14 Regulatory Commission (FERC), which is a plan that is
8282 15 developed to establish the protocols that will be implemented
8383 16 to coordinate system restoration activities following a major
8484 17 system disturbance. Under such a plan, there is an orderly
8585 18 sequence of steps and communications with impacted
8686 19 transmission operators, Commonwealth Edison (ComEd), balancing
8787 20 authorities, and neighboring reliability coordinators, PJM and
8888 21 MISO, to facilitate the restoration of the electric grid.
8989 22 Black start is essential because it is the process of
9090 23 restoring power to an electric grid in the event of a natural
9191 24 disaster, cyberattack, or a direct physical grid attack that
9292 25 prompts the system to black out partially or fully. Black
9393 26 start capability is required to re-energize the system and
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104104 1 prevent a prolonged outage that could result in economic harm,
105105 2 or worse, loss of human life. Further, in the ComEd zone, black
106106 3 start facilities are used to provide safe shutdown power to
107107 4 nuclear facilities.
108108 5 "Carbon dioxide emission" means the plant annual CO2 total
109109 6 output emission as measured by the United States Environmental
110110 7 Protection Agency in its Emissions & Generation Resource
111111 8 Integrated Database (eGrid), or its successor.
112112 9 "Carbon dioxide equivalent emissions" or "CO2e" means the
113113 10 sum total of the mass amount of emissions in tons per year,
114114 11 calculated by multiplying the mass amount of each of the 6
115115 12 greenhouse gases specified in Section 3.207, in tons per year,
116116 13 by its associated global warming potential as set forth in 40
117117 14 CFR 98, subpart A, table A-1 or its successor, and then adding
118118 15 them all together.
119119 16 "Cogeneration" or "combined heat and power" refers to any
120120 17 system that, either simultaneously or sequentially, produces
121121 18 electricity and useful thermal energy from a single fuel
122122 19 source.
123123 20 "Copollutants" refers to the 6 criteria pollutants that
124124 21 have been identified by the United States Environmental
125125 22 Protection Agency pursuant to the Clean Air Act.
126126 23 "Electric generating unit" or "EGU" means a fossil
127127 24 fuel-fired stationary boiler, combustion turbine, or combined
128128 25 cycle system that serves a generator that has a nameplate
129129 26 capacity greater than 25 MWe and produces electricity for
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140140 1 sale.
141141 2 "Environmental justice community" means the definition of
142142 3 that term based on existing methodologies and findings, used
143143 4 and as may be updated by the Illinois Power Agency and its
144144 5 program administrator in the Illinois Solar for All Program.
145145 6 "Equity investment eligible community" or "eligible
146146 7 community" means the geographic areas throughout Illinois that
147147 8 would most benefit from equitable investments by the State
148148 9 designed to combat discrimination and foster sustainable
149149 10 economic growth. Specifically, eligible community means the
150150 11 following areas:
151151 12 (1) areas where residents have been historically
152152 13 excluded from economic opportunities, including
153153 14 opportunities in the energy sector, as defined as R3 areas
154154 15 pursuant to Section 10-40 of the Cannabis Regulation and
155155 16 Tax Act; and
156156 17 (2) areas where residents have been historically
157157 18 subject to disproportionate burdens of pollution,
158158 19 including pollution from the energy sector, as established
159159 20 by environmental justice communities as defined by the
160160 21 Illinois Power Agency pursuant to the Illinois Power
161161 22 Agency Act, excluding any racial or ethnic indicators.
162162 23 "Equity investment eligible person" or "eligible person"
163163 24 means the persons who would most benefit from equitable
164164 25 investments by the State designed to combat discrimination and
165165 26 foster sustainable economic growth. Specifically, eligible
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176176 1 person means the following people:
177177 2 (1) persons whose primary residence is in an equity
178178 3 investment eligible community;
179179 4 (2) persons whose primary residence is in a
180180 5 municipality, or a county with a population under 100,000,
181181 6 where the closure of an electric generating unit or mine
182182 7 has been publicly announced or the electric generating
183183 8 unit or mine is in the process of closing or closed within
184184 9 the last 5 years;
185185 10 (3) persons who are graduates of or currently enrolled
186186 11 in the foster care system; or
187187 12 (4) persons who were formerly incarcerated.
188188 13 "Existing emissions" means:
189189 14 (1) for CO2e, the total average tons-per-year of CO2e
190190 15 emitted by the EGU or large GHG-emitting unit either in
191191 16 the years 2018 through 2020 or, if the unit was not yet in
192192 17 operation by January 1, 2018, in the first 3 full years of
193193 18 that unit's operation; and
194194 19 (2) for any copollutant, the total average
195195 20 tons-per-year of that copollutant emitted by the EGU or
196196 21 large GHG-emitting unit either in the years 2018 through
197197 22 2020 or, if the unit was not yet in operation by January 1,
198198 23 2018, in the first 3 full years of that unit's operation.
199199 24 "Green hydrogen" means a power plant technology in which
200200 25 an EGU creates electric power exclusively from electrolytic
201201 26 hydrogen, in a manner that produces zero carbon and
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212212 1 copollutant emissions, using hydrogen fuel that is
213213 2 electrolyzed using a 100% renewable zero carbon emission
214214 3 energy source.
215215 4 "Large greenhouse gas-emitting unit" or "large
216216 5 GHG-emitting unit" means a unit that is an electric generating
217217 6 unit or other fossil fuel-fired unit that itself has a
218218 7 nameplate capacity or serves a generator that has a nameplate
219219 8 capacity greater than 25 MWe and that produces electricity,
220220 9 including, but not limited to, coal-fired, coal-derived,
221221 10 oil-fired, natural gas-fired, and cogeneration units.
222222 11 "NOx emission rate" means the plant annual NOx total output
223223 12 emission rate as measured by the United States Environmental
224224 13 Protection Agency in its Emissions & Generation Resource
225225 14 Integrated Database (eGrid), or its successor, in the most
226226 15 recent year for which data is available.
227227 16 "Public greenhouse gas-emitting units" or "public
228228 17 GHG-emitting unit" means large greenhouse gas-emitting units,
229229 18 including EGUs, that are wholly owned, directly or indirectly,
230230 19 by one or more municipalities, municipal corporations, joint
231231 20 municipal electric power agencies, electric cooperatives, or
232232 21 other governmental or nonprofit entities, whether organized
233233 22 and created under the laws of Illinois or another state.
234234 23 "SO2 emission rate" means the "plant annual SO2 total
235235 24 output emission rate" as measured by the United States
236236 25 Environmental Protection Agency in its Emissions & Generation
237237 26 Resource Integrated Database (eGrid), or its successor, in the
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248248 1 most recent year for which data is available.
249249 2 (g) All EGUs and large greenhouse gas-emitting units that
250250 3 use coal or oil as a fuel and are not public GHG-emitting units
251251 4 shall permanently reduce all CO2e and copollutant emissions to
252252 5 zero no later than January 1, 2030.
253253 6 (h) All EGUs and large greenhouse gas-emitting units that
254254 7 use coal as a fuel and are public GHG-emitting units shall
255255 8 permanently reduce CO2e emissions to zero no later than
256256 9 December 31, 2045. Any source or plant with such units must
257257 10 also reduce their CO2e emissions by 45% from existing
258258 11 emissions by no later than January 1, 2035. If the emissions
259259 12 reduction requirement is not achieved by December 31, 2035,
260260 13 the plant shall retire one or more units or otherwise reduce
261261 14 its CO2e emissions by 45% from existing emissions by June 30,
262262 15 2038.
263263 16 (i) All EGUs and large greenhouse gas-emitting units that
264264 17 use gas as a fuel and are not public GHG-emitting units shall
265265 18 permanently reduce all CO2e and copollutant emissions to zero,
266266 19 including through unit retirement or the use of 100% green
267267 20 hydrogen or other similar technology that is commercially
268268 21 proven to achieve zero carbon emissions, according to the
269269 22 following:
270270 23 (1) No later than January 1, 2030: all EGUs and large
271271 24 greenhouse gas-emitting units that have a NOx emissions
272272 25 rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
273273 26 greater than 0.006 lb/MWh, and are located in or within 3
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284284 1 miles of an environmental justice community designated as
285285 2 of January 1, 2021 or an equity investment eligible
286286 3 community.
287287 4 (2) No later than January 1, 2040: all EGUs and large
288288 5 greenhouse gas-emitting units that have a NOx emission
289289 6 rate of greater than 0.12 lbs/MWh or a SO2 emission rate
290290 7 greater than 0.006 lb/MWh, and are not located in or
291291 8 within 3 miles of an environmental justice community
292292 9 designated as of January 1, 2021 or an equity investment
293293 10 eligible community. After January 1, 2035, each such EGU
294294 11 and large greenhouse gas-emitting unit shall reduce its
295295 12 CO2e emissions by at least 50% from its existing emissions
296296 13 for CO2e, and shall be limited in operation to, on average,
297297 14 6 hours or less per day, measured over a calendar year, and
298298 15 shall not run for more than 24 consecutive hours except in
299299 16 emergency conditions, as designated by a Regional
300300 17 Transmission Organization or Independent System Operator.
301301 18 (3) No later than January 1, 2035: all EGUs and large
302302 19 greenhouse gas-emitting units that began operation prior
303303 20 to the effective date of this amendatory Act of the 102nd
304304 21 General Assembly and have a NOx emission rate of less than
305305 22 or equal to 0.12 lb/MWh and a SO2 emission rate less than
306306 23 or equal to 0.006 lb/MWh, and are located in or within 3
307307 24 miles of an environmental justice community designated as
308308 25 of January 1, 2021 or an equity investment eligible
309309 26 community. Each such EGU and large greenhouse gas-emitting
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320320 1 unit shall reduce its CO2e emissions by at least 50% from
321321 2 its existing emissions for CO2e no later than January 1,
322322 3 2030.
323323 4 (4) No later than January 1, 2040: All remaining EGUs
324324 5 and large greenhouse gas-emitting units that have a heat
325325 6 rate greater than or equal to 7000 BTU/kWh. Each such EGU
326326 7 and Large greenhouse gas-emitting unit shall reduce its
327327 8 CO2e emissions by at least 50% from its existing emissions
328328 9 for CO2e no later than January 1, 2035.
329329 10 (5) No later than January 1, 2045: all remaining EGUs
330330 11 and large greenhouse gas-emitting units.
331331 12 (j) All EGUs and large greenhouse gas-emitting units that
332332 13 use gas as a fuel and are public GHG-emitting units shall
333333 14 permanently reduce all CO2e and copollutant emissions to zero,
334334 15 including through unit retirement or the use of 100% green
335335 16 hydrogen or other similar technology that is commercially
336336 17 proven to achieve zero carbon emissions by January 1, 2045.
337337 18 (k) All EGUs and large greenhouse gas-emitting units that
338338 19 utilize combined heat and power or cogeneration technology
339339 20 shall permanently reduce all CO2e and copollutant emissions to
340340 21 zero, including through unit retirement or the use of 100%
341341 22 green hydrogen or other similar technology that is
342342 23 commercially proven to achieve zero carbon emissions by
343343 24 January 1, 2045.
344344 25 (k-5) No EGU or large greenhouse gas-emitting unit that
345345 26 uses gas as a fuel and is not a public GHG-emitting unit may
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356356 1 emit, in any 12-month period, CO2e or copollutants in excess of
357357 2 that unit's existing emissions for those pollutants. This
358358 3 subsection (k-5) does not apply to an EGU or large greenhouse
359359 4 gas-emitting unit that is a black start facility. Any gas
360360 5 turbine located at a black start facility shall not exceed
361361 6 more than 3,200 hours of operation a year.
362362 7 (l) Notwithstanding subsections (g) through (k-5), large
363363 8 GHG-emitting units including EGUs may temporarily continue
364364 9 emitting CO2e and copollutants after any applicable deadline
365365 10 specified in any of subsections (g) through (k-5) if it has
366366 11 been determined, as described in paragraphs (1) and (2) of
367367 12 this subsection, that ongoing operation of the EGU is
368368 13 necessary to maintain power grid supply and reliability or
369369 14 ongoing operation of large GHG-emitting unit that is not an
370370 15 EGU is necessary to serve as an emergency backup to
371371 16 operations. Up to and including the occurrence of an emission
372372 17 reduction deadline under subsection (i), all EGUs and large
373373 18 GHG-emitting units must comply with the following terms:
374374 19 (1) if an EGU or large GHG-emitting unit that is a
375375 20 participant in a regional transmission organization
376376 21 intends to retire, it must submit documentation to the
377377 22 appropriate regional transmission organization by the
378378 23 appropriate deadline that meets all applicable regulatory
379379 24 requirements necessary to obtain approval to permanently
380380 25 cease operating the large GHG-emitting unit;
381381 26 (2) if any EGU or large GHG-emitting unit that is a
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392392 1 participant in a regional transmission organization
393393 2 receives notice that the regional transmission
394394 3 organization has determined that continued operation of
395395 4 the unit is required, the unit may continue operating
396396 5 until the issue identified by the regional transmission
397397 6 organization is resolved. The owner or operator of the
398398 7 unit must cooperate with the regional transmission
399399 8 organization in resolving the issue and must reduce its
400400 9 emissions to zero, consistent with the requirements under
401401 10 subsection (g), (h), (i), (j), (k), or (k-5), as
402402 11 applicable, as soon as practicable when the issue
403403 12 identified by the regional transmission organization is
404404 13 resolved; and
405405 14 (3) any large GHG-emitting unit that is not a
406406 15 participant in a regional transmission organization shall
407407 16 be allowed to continue emitting CO2e and copollutants
408408 17 after the zero-emission date specified in subsection (g),
409409 18 (h), (i), (j), (k), or (k-5), as applicable, in the
410410 19 capacity of an emergency backup unit if approved by the
411411 20 Illinois Commerce Commission.
412412 21 (m) No variance, adjusted standard, or other regulatory
413413 22 relief otherwise available in this Act may be granted to the
414414 23 emissions reduction and elimination obligations in this
415415 24 Section.
416416 25 (n) By June 30 of each year, beginning in 2025, the Agency
417417 26 shall prepare and publish on its website a report setting
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428428 1 forth the actual greenhouse gas emissions from individual
429429 2 units and the aggregate statewide emissions from all units for
430430 3 the prior year.
431431 4 (o) Every 5 years beginning in 2025, the Environmental
432432 5 Protection Agency, Illinois Power Agency, and Illinois
433433 6 Commerce Commission shall jointly prepare, and release
434434 7 publicly, a report to the General Assembly that examines the
435435 8 State's current progress toward its renewable energy resource
436436 9 development goals, the status of CO2e and copollutant
437437 10 emissions reductions, the current status and progress toward
438438 11 developing and implementing green hydrogen technologies, the
439439 12 current and projected status of electric resource adequacy and
440440 13 reliability throughout the State for the period beginning 5
441441 14 years ahead, and proposed solutions for any findings. The
442442 15 Environmental Protection Agency, Illinois Power Agency, and
443443 16 Illinois Commerce Commission shall consult PJM
444444 17 Interconnection, LLC and Midcontinent Independent System
445445 18 Operator, Inc., or their respective successor organizations
446446 19 regarding forecasted resource adequacy and reliability needs,
447447 20 anticipated new generation interconnection, new transmission
448448 21 development or upgrades, and any announced large GHG-emitting
449449 22 unit closure dates and include this information in the report.
450450 23 The report shall be released publicly by no later than
451451 24 December 15 of the year it is prepared. If the Environmental
452452 25 Protection Agency, Illinois Power Agency, and Illinois
453453 26 Commerce Commission jointly conclude in the report that the
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464464 1 data from the regional grid operators, the pace of renewable
465465 2 energy development, the pace of development of energy storage
466466 3 and demand response utilization, transmission capacity, and
467467 4 the CO2e and copollutant emissions reductions required by
468468 5 subsection (i) or (k-5) reasonably demonstrate that a resource
469469 6 adequacy shortfall will occur, including whether there will be
470470 7 sufficient in-state capacity to meet the zonal requirements of
471471 8 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
472472 9 regional transmission organizations, or that the regional
473473 10 transmission operators determine that a reliability violation
474474 11 will occur during the time frame the study is evaluating, then
475475 12 the Illinois Power Agency, in conjunction with the
476476 13 Environmental Protection Agency shall develop a plan to reduce
477477 14 or delay CO2e and copollutant emissions reductions
478478 15 requirements only to the extent and for the duration necessary
479479 16 to meet the resource adequacy and reliability needs of the
480480 17 State, including allowing any plants whose emission reduction
481481 18 deadline has been identified in the plan as creating a
482482 19 reliability concern to continue operating, including operating
483483 20 with reduced emissions or as emergency backup where
484484 21 appropriate. The plan shall also consider the use of renewable
485485 22 energy, energy storage, demand response, transmission
486486 23 development, or other strategies to resolve the identified
487487 24 resource adequacy shortfall or reliability violation.
488488 25 (1) In developing the plan, the Environmental
489489 26 Protection Agency and the Illinois Power Agency shall hold
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500500 1 at least one workshop open to, and accessible at a time and
501501 2 place convenient to, the public and shall consider any
502502 3 comments made by stakeholders or the public. Upon
503503 4 development of the plan, copies of the plan shall be
504504 5 posted and made publicly available on the Environmental
505505 6 Protection Agency's, the Illinois Power Agency's, and the
506506 7 Illinois Commerce Commission's websites. All interested
507507 8 parties shall have 60 days following the date of posting
508508 9 to provide comment to the Environmental Protection Agency
509509 10 and the Illinois Power Agency on the plan. All comments
510510 11 submitted to the Environmental Protection Agency and the
511511 12 Illinois Power Agency shall be encouraged to be specific,
512512 13 supported by data or other detailed analyses, and, if
513513 14 objecting to all or a portion of the plan, accompanied by
514514 15 specific alternative wording or proposals. All comments
515515 16 shall be posted on the Environmental Protection Agency's,
516516 17 the Illinois Power Agency's, and the Illinois Commerce
517517 18 Commission's websites. Within 30 days following the end of
518518 19 the 60-day review period, the Environmental Protection
519519 20 Agency and the Illinois Power Agency shall revise the plan
520520 21 as necessary based on the comments received and file its
521521 22 revised plan with the Illinois Commerce Commission for
522522 23 approval.
523523 24 (2) Within 60 days after the filing of the revised
524524 25 plan at the Illinois Commerce Commission, any person
525525 26 objecting to the plan shall file an objection with the
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536536 1 Illinois Commerce Commission. Within 30 days after the
537537 2 expiration of the comment period, the Illinois Commerce
538538 3 Commission shall determine whether an evidentiary hearing
539539 4 is necessary. The Illinois Commerce Commission shall also
540540 5 host 3 public hearings within 90 days after the plan is
541541 6 filed. Following the evidentiary and public hearings, the
542542 7 Illinois Commerce Commission shall enter its order
543543 8 approving or approving with modifications the reliability
544544 9 mitigation plan within 180 days.
545545 10 (3) The Illinois Commerce Commission shall only
546546 11 approve the plan if the Illinois Commerce Commission
547547 12 determines that it will resolve the resource adequacy or
548548 13 reliability deficiency identified in the reliability
549549 14 mitigation plan at the least amount of CO2e and copollutant
550550 15 emissions, taking into consideration the emissions impacts
551551 16 on environmental justice communities, and that it will
552552 17 ensure adequate, reliable, affordable, efficient, and
553553 18 environmentally sustainable electric service at the lowest
554554 19 total cost over time, taking into account the impact of
555555 20 increases in emissions.
556556 21 (4) If the resource adequacy or reliability deficiency
557557 22 identified in the reliability mitigation plan is resolved
558558 23 or reduced, the Environmental Protection Agency and the
559559 24 Illinois Power Agency may file an amended plan adjusting
560560 25 the reduction or delay in CO2e and copollutant emission
561561 26 reduction requirements identified in the plan.
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567567 HB5323 - 15 - LRB103 38672 BDA 68809 b
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570570 HB5323- 16 -LRB103 38672 BDA 68809 b HB5323 - 16 - LRB103 38672 BDA 68809 b
571571 HB5323 - 16 - LRB103 38672 BDA 68809 b
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577577 HB5323 - 16 - LRB103 38672 BDA 68809 b