Illinois 2025-2026 Regular Session

Illinois House Bill HB1544 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1544 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15 Amends the Environmental Protection Act. In a provision regarding greenhouse gases, extends deadlines by 5 years for reduced or zero carbon dioxide equivalent and copollutant emissions by certain electric generating units and large greenhouse gas-emitting units. LRB104 03409 BDA 13431 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1544 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15 415 ILCS 5/9.15 Amends the Environmental Protection Act. In a provision regarding greenhouse gases, extends deadlines by 5 years for reduced or zero carbon dioxide equivalent and copollutant emissions by certain electric generating units and large greenhouse gas-emitting units. LRB104 03409 BDA 13431 b LRB104 03409 BDA 13431 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1544 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
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55 Amends the Environmental Protection Act. In a provision regarding greenhouse gases, extends deadlines by 5 years for reduced or zero carbon dioxide equivalent and copollutant emissions by certain electric generating units and large greenhouse gas-emitting units.
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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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4040 Amends the Environmental Protection Act. In a provision regarding greenhouse gases, extends deadlines by 5 years for reduced or zero carbon dioxide equivalent and copollutant emissions by certain electric generating units and large greenhouse gas-emitting units.
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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 "Carbon dioxide emission" means the plant annual CO2 total
7474 7 output emission as measured by the United States Environmental
7575 8 Protection Agency in its Emissions & Generation Resource
7676 9 Integrated Database (eGrid), or its successor.
7777 10 "Carbon dioxide equivalent emissions" or "CO2e" means the
7878 11 sum total of the mass amount of emissions in tons per year,
7979 12 calculated by multiplying the mass amount of each of the 6
8080 13 greenhouse gases specified in Section 3.207, in tons per year,
8181 14 by its associated global warming potential as set forth in 40
8282 15 CFR 98, subpart A, table A-1 or its successor, and then adding
8383 16 them all together.
8484 17 "Cogeneration" or "combined heat and power" refers to any
8585 18 system that, either simultaneously or sequentially, produces
8686 19 electricity and useful thermal energy from a single fuel
8787 20 source.
8888 21 "Copollutants" refers to the 6 criteria pollutants that
8989 22 have been identified by the United States Environmental
9090 23 Protection Agency pursuant to the Clean Air Act.
9191 24 "Electric generating unit" or "EGU" means a fossil
9292 25 fuel-fired stationary boiler, combustion turbine, or combined
9393 26 cycle system that serves a generator that has a nameplate
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104104 1 capacity greater than 25 MWe and produces electricity for
105105 2 sale.
106106 3 "Environmental justice community" means the definition of
107107 4 that term based on existing methodologies and findings, used
108108 5 and as may be updated by the Illinois Power Agency and its
109109 6 program administrator in the Illinois Solar for All Program.
110110 7 "Equity investment eligible community" or "eligible
111111 8 community" means the geographic areas throughout Illinois that
112112 9 would most benefit from equitable investments by the State
113113 10 designed to combat discrimination and foster sustainable
114114 11 economic growth. Specifically, eligible community means the
115115 12 following areas:
116116 13 (1) areas where residents have been historically
117117 14 excluded from economic opportunities, including
118118 15 opportunities in the energy sector, as defined as R3 areas
119119 16 pursuant to Section 10-40 of the Cannabis Regulation and
120120 17 Tax Act; and
121121 18 (2) areas where residents have been historically
122122 19 subject to disproportionate burdens of pollution,
123123 20 including pollution from the energy sector, as established
124124 21 by environmental justice communities as defined by the
125125 22 Illinois Power Agency pursuant to the Illinois Power
126126 23 Agency Act, excluding any racial or ethnic indicators.
127127 24 "Equity investment eligible person" or "eligible person"
128128 25 means the persons who would most benefit from equitable
129129 26 investments by the State designed to combat discrimination and
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140140 1 foster sustainable economic growth. Specifically, eligible
141141 2 person means the following people:
142142 3 (1) persons whose primary residence is in an equity
143143 4 investment eligible community;
144144 5 (2) persons whose primary residence is in a
145145 6 municipality, or a county with a population under 100,000,
146146 7 where the closure of an electric generating unit or mine
147147 8 has been publicly announced or the electric generating
148148 9 unit or mine is in the process of closing or closed within
149149 10 the last 5 years;
150150 11 (3) persons who are graduates of or currently enrolled
151151 12 in the foster care system; or
152152 13 (4) persons who were formerly incarcerated.
153153 14 "Existing emissions" means:
154154 15 (1) for CO2e, the total average tons-per-year of CO2e
155155 16 emitted by the EGU or large GHG-emitting unit either in
156156 17 the years 2018 through 2020 or, if the unit was not yet in
157157 18 operation by January 1, 2018, in the first 3 full years of
158158 19 that unit's operation; and
159159 20 (2) for any copollutant, the total average
160160 21 tons-per-year of that copollutant emitted by the EGU or
161161 22 large GHG-emitting unit either in the years 2018 through
162162 23 2020 or, if the unit was not yet in operation by January 1,
163163 24 2018, in the first 3 full years of that unit's operation.
164164 25 "Green hydrogen" means a power plant technology in which
165165 26 an EGU creates electric power exclusively from electrolytic
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176176 1 hydrogen, in a manner that produces zero carbon and
177177 2 copollutant emissions, using hydrogen fuel that is
178178 3 electrolyzed using a 100% renewable zero carbon emission
179179 4 energy source.
180180 5 "Large greenhouse gas-emitting unit" or "large
181181 6 GHG-emitting unit" means a unit that is an electric generating
182182 7 unit or other fossil fuel-fired unit that itself has a
183183 8 nameplate capacity or serves a generator that has a nameplate
184184 9 capacity greater than 25 MWe and that produces electricity,
185185 10 including, but not limited to, coal-fired, coal-derived,
186186 11 oil-fired, natural gas-fired, and cogeneration units.
187187 12 "NOx emission rate" means the plant annual NOx total output
188188 13 emission rate as measured by the United States Environmental
189189 14 Protection Agency in its Emissions & Generation Resource
190190 15 Integrated Database (eGrid), or its successor, in the most
191191 16 recent year for which data is available.
192192 17 "Public greenhouse gas-emitting units" or "public
193193 18 GHG-emitting unit" means large greenhouse gas-emitting units,
194194 19 including EGUs, that are wholly owned, directly or indirectly,
195195 20 by one or more municipalities, municipal corporations, joint
196196 21 municipal electric power agencies, electric cooperatives, or
197197 22 other governmental or nonprofit entities, whether organized
198198 23 and created under the laws of Illinois or another state.
199199 24 "SO2 emission rate" means the "plant annual SO2 total
200200 25 output emission rate" as measured by the United States
201201 26 Environmental Protection Agency in its Emissions & Generation
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212212 1 Resource Integrated Database (eGrid), or its successor, in the
213213 2 most recent year for which data is available.
214214 3 (g) All EGUs and large greenhouse gas-emitting units that
215215 4 use coal or oil as a fuel and are not public GHG-emitting units
216216 5 shall permanently reduce all CO2e and copollutant emissions to
217217 6 zero no later than January 1, 2035 2030.
218218 7 (h) All EGUs and large greenhouse gas-emitting units that
219219 8 use coal as a fuel and are public GHG-emitting units shall
220220 9 permanently reduce CO2e emissions to zero no later than
221221 10 December 31, 2050 2045. Any source or plant with such units
222222 11 must also reduce their CO2e emissions by 45% from existing
223223 12 emissions by no later than January 1, 2040 2035. If the
224224 13 emissions reduction requirement is not achieved by December
225225 14 31, 2040 2035, the plant shall retire one or more units or
226226 15 otherwise reduce its CO2e emissions by 45% from existing
227227 16 emissions by June 30, 2043 2038.
228228 17 (i) All EGUs and large greenhouse gas-emitting units that
229229 18 use gas as a fuel and are not public GHG-emitting units shall
230230 19 permanently reduce all CO2e and copollutant emissions to zero,
231231 20 including through unit retirement or the use of 100% green
232232 21 hydrogen or other similar technology that is commercially
233233 22 proven to achieve zero carbon emissions, according to the
234234 23 following:
235235 24 (1) No later than January 1, 2035 2030: all EGUs and
236236 25 large greenhouse gas-emitting units that have a NOx
237237 26 emissions rate of greater than 0.12 lbs/MWh or a SO2
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248248 1 emission rate of greater than 0.006 lb/MWh, and are
249249 2 located in or within 3 miles of an environmental justice
250250 3 community designated as of January 1, 2021 or an equity
251251 4 investment eligible community.
252252 5 (2) No later than January 1, 2045 2040: all EGUs and
253253 6 large greenhouse gas-emitting units that have a NOx
254254 7 emission rate of greater than 0.12 lbs/MWh or a SO2
255255 8 emission rate greater than 0.006 lb/MWh, and are not
256256 9 located in or within 3 miles of an environmental justice
257257 10 community designated as of January 1, 2021 or an equity
258258 11 investment eligible community. After January 1, 2040 2035,
259259 12 each such EGU and large greenhouse gas-emitting unit shall
260260 13 reduce its CO2e emissions by at least 50% from its existing
261261 14 emissions for CO2e, and shall be limited in operation to,
262262 15 on average, 6 hours or less per day, measured over a
263263 16 calendar year, and shall not run for more than 24
264264 17 consecutive hours except in emergency conditions, as
265265 18 designated by a Regional Transmission Organization or
266266 19 Independent System Operator.
267267 20 (3) No later than January 1, 2040 2035: all EGUs and
268268 21 large greenhouse gas-emitting units that began operation
269269 22 prior to September 15, 2021 (the effective date of Public
270270 23 Act 102-662), the effective date of this amendatory Act of
271271 24 the 102nd General Assembly and have a NOx emission rate of
272272 25 less than or equal to 0.12 lb/MWh and a SO2 emission rate
273273 26 less than or equal to 0.006 lb/MWh, and are located in or
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284284 1 within 3 miles of an environmental justice community
285285 2 designated as of January 1, 2021 or an equity investment
286286 3 eligible community. Each such EGU and large greenhouse
287287 4 gas-emitting unit shall reduce its CO2e emissions by at
288288 5 least 50% from its existing emissions for CO2e no later
289289 6 than January 1, 2035 2030.
290290 7 (4) No later than January 1, 2045 2040: All remaining
291291 8 EGUs and large greenhouse gas-emitting units that have a
292292 9 heat rate greater than or equal to 7000 BTU/kWh. Each such
293293 10 EGU and Large greenhouse gas-emitting unit shall reduce
294294 11 its CO2e emissions by at least 50% from its existing
295295 12 emissions for CO2e no later than January 1, 2040 2035.
296296 13 (5) No later than January 1, 2050 2045: all remaining
297297 14 EGUs and large greenhouse gas-emitting units.
298298 15 (j) All EGUs and large greenhouse gas-emitting units that
299299 16 use gas as a fuel and are public GHG-emitting units shall
300300 17 permanently reduce all CO2e and copollutant emissions to zero,
301301 18 including through unit retirement or the use of 100% green
302302 19 hydrogen or other similar technology that is commercially
303303 20 proven to achieve zero carbon emissions by January 1, 2050
304304 21 2045.
305305 22 (k) All EGUs and large greenhouse gas-emitting units that
306306 23 utilize combined heat and power or cogeneration technology
307307 24 shall permanently reduce all CO2e and copollutant emissions to
308308 25 zero, including through unit retirement or the use of 100%
309309 26 green hydrogen or other similar technology that is
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320320 1 commercially proven to achieve zero carbon emissions by
321321 2 January 1, 2050 2045.
322322 3 (k-5) No EGU or large greenhouse gas-emitting unit that
323323 4 uses gas as a fuel and is not a public GHG-emitting unit may
324324 5 emit, in any 12-month period, CO2e or copollutants in excess of
325325 6 that unit's existing emissions for those pollutants.
326326 7 (l) Notwithstanding subsections (g) through (k-5), large
327327 8 GHG-emitting units including EGUs may temporarily continue
328328 9 emitting CO2e and copollutants after any applicable deadline
329329 10 specified in any of subsections (g) through (k-5) if it has
330330 11 been determined, as described in paragraphs (1) and (2) of
331331 12 this subsection, that ongoing operation of the EGU is
332332 13 necessary to maintain power grid supply and reliability or
333333 14 ongoing operation of large GHG-emitting unit that is not an
334334 15 EGU is necessary to serve as an emergency backup to
335335 16 operations. Up to and including the occurrence of an emission
336336 17 reduction deadline under subsection (i), all EGUs and large
337337 18 GHG-emitting units must comply with the following terms:
338338 19 (1) if an EGU or large GHG-emitting unit that is a
339339 20 participant in a regional transmission organization
340340 21 intends to retire, it must submit documentation to the
341341 22 appropriate regional transmission organization by the
342342 23 appropriate deadline that meets all applicable regulatory
343343 24 requirements necessary to obtain approval to permanently
344344 25 cease operating the large GHG-emitting unit;
345345 26 (2) if any EGU or large GHG-emitting unit that is a
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356356 1 participant in a regional transmission organization
357357 2 receives notice that the regional transmission
358358 3 organization has determined that continued operation of
359359 4 the unit is required, the unit may continue operating
360360 5 until the issue identified by the regional transmission
361361 6 organization is resolved. The owner or operator of the
362362 7 unit must cooperate with the regional transmission
363363 8 organization in resolving the issue and must reduce its
364364 9 emissions to zero, consistent with the requirements under
365365 10 subsection (g), (h), (i), (j), (k), or (k-5), as
366366 11 applicable, as soon as practicable when the issue
367367 12 identified by the regional transmission organization is
368368 13 resolved; and
369369 14 (3) any large GHG-emitting unit that is not a
370370 15 participant in a regional transmission organization shall
371371 16 be allowed to continue emitting CO2e and copollutants
372372 17 after the zero-emission date specified in subsection (g),
373373 18 (h), (i), (j), (k), or (k-5), as applicable, in the
374374 19 capacity of an emergency backup unit if approved by the
375375 20 Illinois Commerce Commission.
376376 21 (m) No variance, adjusted standard, or other regulatory
377377 22 relief otherwise available in this Act may be granted to the
378378 23 emissions reduction and elimination obligations in this
379379 24 Section.
380380 25 (n) By June 30 of each year, beginning in 2025, the Agency
381381 26 shall prepare and publish on its website a report setting
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392392 1 forth the actual greenhouse gas emissions from individual
393393 2 units and the aggregate statewide emissions from all units for
394394 3 the prior year.
395395 4 (o) Every 5 years beginning in 2025, the Environmental
396396 5 Protection Agency, Illinois Power Agency, and Illinois
397397 6 Commerce Commission shall jointly prepare, and release
398398 7 publicly, a report to the General Assembly that examines the
399399 8 State's current progress toward its renewable energy resource
400400 9 development goals, the status of CO2e and copollutant
401401 10 emissions reductions, the current status and progress toward
402402 11 developing and implementing green hydrogen technologies, the
403403 12 current and projected status of electric resource adequacy and
404404 13 reliability throughout the State for the period beginning 5
405405 14 years ahead, and proposed solutions for any findings. The
406406 15 Environmental Protection Agency, Illinois Power Agency, and
407407 16 Illinois Commerce Commission shall consult PJM
408408 17 Interconnection, LLC and Midcontinent Independent System
409409 18 Operator, Inc., or their respective successor organizations
410410 19 regarding forecasted resource adequacy and reliability needs,
411411 20 anticipated new generation interconnection, new transmission
412412 21 development or upgrades, and any announced large GHG-emitting
413413 22 unit closure dates and include this information in the report.
414414 23 The report shall be released publicly by no later than
415415 24 December 15 of the year it is prepared. If the Environmental
416416 25 Protection Agency, Illinois Power Agency, and Illinois
417417 26 Commerce Commission jointly conclude in the report that the
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428428 1 data from the regional grid operators, the pace of renewable
429429 2 energy development, the pace of development of energy storage
430430 3 and demand response utilization, transmission capacity, and
431431 4 the CO2e and copollutant emissions reductions required by
432432 5 subsection (i) or (k-5) reasonably demonstrate that a resource
433433 6 adequacy shortfall will occur, including whether there will be
434434 7 sufficient in-state capacity to meet the zonal requirements of
435435 8 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
436436 9 regional transmission organizations, or that the regional
437437 10 transmission operators determine that a reliability violation
438438 11 will occur during the time frame the study is evaluating, then
439439 12 the Illinois Power Agency, in conjunction with the
440440 13 Environmental Protection Agency shall develop a plan to reduce
441441 14 or delay CO2e and copollutant emissions reductions
442442 15 requirements only to the extent and for the duration necessary
443443 16 to meet the resource adequacy and reliability needs of the
444444 17 State, including allowing any plants whose emission reduction
445445 18 deadline has been identified in the plan as creating a
446446 19 reliability concern to continue operating, including operating
447447 20 with reduced emissions or as emergency backup where
448448 21 appropriate. The plan shall also consider the use of renewable
449449 22 energy, energy storage, demand response, transmission
450450 23 development, or other strategies to resolve the identified
451451 24 resource adequacy shortfall or reliability violation.
452452 25 (1) In developing the plan, the Environmental
453453 26 Protection Agency and the Illinois Power Agency shall hold
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464464 1 at least one workshop open to, and accessible at a time and
465465 2 place convenient to, the public and shall consider any
466466 3 comments made by stakeholders or the public. Upon
467467 4 development of the plan, copies of the plan shall be
468468 5 posted and made publicly available on the Environmental
469469 6 Protection Agency's, the Illinois Power Agency's, and the
470470 7 Illinois Commerce Commission's websites. All interested
471471 8 parties shall have 60 days following the date of posting
472472 9 to provide comment to the Environmental Protection Agency
473473 10 and the Illinois Power Agency on the plan. All comments
474474 11 submitted to the Environmental Protection Agency and the
475475 12 Illinois Power Agency shall be encouraged to be specific,
476476 13 supported by data or other detailed analyses, and, if
477477 14 objecting to all or a portion of the plan, accompanied by
478478 15 specific alternative wording or proposals. All comments
479479 16 shall be posted on the Environmental Protection Agency's,
480480 17 the Illinois Power Agency's, and the Illinois Commerce
481481 18 Commission's websites. Within 30 days following the end of
482482 19 the 60-day review period, the Environmental Protection
483483 20 Agency and the Illinois Power Agency shall revise the plan
484484 21 as necessary based on the comments received and file its
485485 22 revised plan with the Illinois Commerce Commission for
486486 23 approval.
487487 24 (2) Within 60 days after the filing of the revised
488488 25 plan at the Illinois Commerce Commission, any person
489489 26 objecting to the plan shall file an objection with the
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500500 1 Illinois Commerce Commission. Within 30 days after the
501501 2 expiration of the comment period, the Illinois Commerce
502502 3 Commission shall determine whether an evidentiary hearing
503503 4 is necessary. The Illinois Commerce Commission shall also
504504 5 host 3 public hearings within 90 days after the plan is
505505 6 filed. Following the evidentiary and public hearings, the
506506 7 Illinois Commerce Commission shall enter its order
507507 8 approving or approving with modifications the reliability
508508 9 mitigation plan within 180 days.
509509 10 (3) The Illinois Commerce Commission shall only
510510 11 approve the plan if the Illinois Commerce Commission
511511 12 determines that it will resolve the resource adequacy or
512512 13 reliability deficiency identified in the reliability
513513 14 mitigation plan at the least amount of CO2e and copollutant
514514 15 emissions, taking into consideration the emissions impacts
515515 16 on environmental justice communities, and that it will
516516 17 ensure adequate, reliable, affordable, efficient, and
517517 18 environmentally sustainable electric service at the lowest
518518 19 total cost over time, taking into account the impact of
519519 20 increases in emissions.
520520 21 (4) If the resource adequacy or reliability deficiency
521521 22 identified in the reliability mitigation plan is resolved
522522 23 or reduced, the Environmental Protection Agency and the
523523 24 Illinois Power Agency may file an amended plan adjusting
524524 25 the reduction or delay in CO2e and copollutant emission
525525 26 reduction requirements identified in the plan.
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