Illinois 2025-2026 Regular Session

Illinois House Bill HB1546 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1546 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 that use coal as a fuel. LRB104 03414 BDA 13436 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1546 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 that use coal as a fuel. LRB104 03414 BDA 13436 b LRB104 03414 BDA 13436 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1546 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
3	3	415 ILCS 5/9.15 415 ILCS 5/9.15
4	4	415 ILCS 5/9.15
5	5	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 that use coal as a fuel.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning safety.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Environmental Protection Act is amended by
15	15	5 changing Section 9.15 as follows:
16	16	6 (415 ILCS 5/9.15)
17	17	7 Sec. 9.15. Greenhouse gases.
18	18	8 (a) An air pollution construction permit shall not be
19	19	9 required due to emissions of greenhouse gases if the
20	20	10 equipment, site, or source is not subject to regulation, as
21	21	11 defined by 40 CFR 52.21, as now or hereafter amended, for
22	22	12 greenhouse gases or is otherwise not addressed in this Section
23	23	13 or by the Board in regulations for greenhouse gases. These
24	24	14 exemptions do not relieve an owner or operator from the
25	25	15 obligation to comply with other applicable rules or
26	26	16 regulations.
27	27	17 (b) An air pollution operating permit shall not be
28	28	18 required due to emissions of greenhouse gases if the
29	29	19 equipment, site, or source is not subject to regulation, as
30	30	20 defined by Section 39.5 of this Act, for greenhouse gases or is
31	31	21 otherwise not addressed in this Section or by the Board in
32	32	22 regulations for greenhouse gases. These exemptions do not
33	33	23 relieve an owner or operator from the obligation to comply
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1546 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
38	38	415 ILCS 5/9.15 415 ILCS 5/9.15
39	39	415 ILCS 5/9.15
40	40	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 that use coal as a fuel.
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43	43	A BILL FOR
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68	68	1 with other applicable rules or regulations.
69	69	2 (c) (Blank).
70	70	3 (d) (Blank).
71	71	4 (e) (Blank).
72	72	5 (f) As used in this Section:
73	73	6 "Carbon dioxide emission" means the plant annual CO2 total
74	74	7 output emission as measured by the United States Environmental
75	75	8 Protection Agency in its Emissions & Generation Resource
76	76	9 Integrated Database (eGrid), or its successor.
77	77	10 "Carbon dioxide equivalent emissions" or "CO2e" means the
78	78	11 sum total of the mass amount of emissions in tons per year,
79	79	12 calculated by multiplying the mass amount of each of the 6
80	80	13 greenhouse gases specified in Section 3.207, in tons per year,
81	81	14 by its associated global warming potential as set forth in 40
82	82	15 CFR 98, subpart A, table A-1 or its successor, and then adding
83	83	16 them all together.
84	84	17 "Cogeneration" or "combined heat and power" refers to any
85	85	18 system that, either simultaneously or sequentially, produces
86	86	19 electricity and useful thermal energy from a single fuel
87	87	20 source.
88	88	21 "Copollutants" refers to the 6 criteria pollutants that
89	89	22 have been identified by the United States Environmental
90	90	23 Protection Agency pursuant to the Clean Air Act.
91	91	24 "Electric generating unit" or "EGU" means a fossil
92	92	25 fuel-fired stationary boiler, combustion turbine, or combined
93	93	26 cycle system that serves a generator that has a nameplate
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104	104	1 capacity greater than 25 MWe and produces electricity for
105	105	2 sale.
106	106	3 "Environmental justice community" means the definition of
107	107	4 that term based on existing methodologies and findings, used
108	108	5 and as may be updated by the Illinois Power Agency and its
109	109	6 program administrator in the Illinois Solar for All Program.
110	110	7 "Equity investment eligible community" or "eligible
111	111	8 community" means the geographic areas throughout Illinois that
112	112	9 would most benefit from equitable investments by the State
113	113	10 designed to combat discrimination and foster sustainable
114	114	11 economic growth. Specifically, eligible community means the
115	115	12 following areas:
116	116	13 (1) areas where residents have been historically
117	117	14 excluded from economic opportunities, including
118	118	15 opportunities in the energy sector, as defined as R3 areas
119	119	16 pursuant to Section 10-40 of the Cannabis Regulation and
120	120	17 Tax Act; and
121	121	18 (2) areas where residents have been historically
122	122	19 subject to disproportionate burdens of pollution,
123	123	20 including pollution from the energy sector, as established
124	124	21 by environmental justice communities as defined by the
125	125	22 Illinois Power Agency pursuant to the Illinois Power
126	126	23 Agency Act, excluding any racial or ethnic indicators.
127	127	24 "Equity investment eligible person" or "eligible person"
128	128	25 means the persons who would most benefit from equitable
129	129	26 investments by the State designed to combat discrimination and
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140	140	1 foster sustainable economic growth. Specifically, eligible
141	141	2 person means the following people:
142	142	3 (1) persons whose primary residence is in an equity
143	143	4 investment eligible community;
144	144	5 (2) persons whose primary residence is in a
145	145	6 municipality, or a county with a population under 100,000,
146	146	7 where the closure of an electric generating unit or mine
147	147	8 has been publicly announced or the electric generating
148	148	9 unit or mine is in the process of closing or closed within
149	149	10 the last 5 years;
150	150	11 (3) persons who are graduates of or currently enrolled
151	151	12 in the foster care system; or
152	152	13 (4) persons who were formerly incarcerated.
153	153	14 "Existing emissions" means:
154	154	15 (1) for CO2e, the total average tons-per-year of CO2e
155	155	16 emitted by the EGU or large GHG-emitting unit either in
156	156	17 the years 2018 through 2020 or, if the unit was not yet in
157	157	18 operation by January 1, 2018, in the first 3 full years of
158	158	19 that unit's operation; and
159	159	20 (2) for any copollutant, the total average
160	160	21 tons-per-year of that copollutant emitted by the EGU or
161	161	22 large GHG-emitting unit either in the years 2018 through
162	162	23 2020 or, if the unit was not yet in operation by January 1,
163	163	24 2018, in the first 3 full years of that unit's operation.
164	164	25 "Green hydrogen" means a power plant technology in which
165	165	26 an EGU creates electric power exclusively from electrolytic
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176	176	1 hydrogen, in a manner that produces zero carbon and
177	177	2 copollutant emissions, using hydrogen fuel that is
178	178	3 electrolyzed using a 100% renewable zero carbon emission
179	179	4 energy source.
180	180	5 "Large greenhouse gas-emitting unit" or "large
181	181	6 GHG-emitting unit" means a unit that is an electric generating
182	182	7 unit or other fossil fuel-fired unit that itself has a
183	183	8 nameplate capacity or serves a generator that has a nameplate
184	184	9 capacity greater than 25 MWe and that produces electricity,
185	185	10 including, but not limited to, coal-fired, coal-derived,
186	186	11 oil-fired, natural gas-fired, and cogeneration units.
187	187	12 "NOx emission rate" means the plant annual NOx total output
188	188	13 emission rate as measured by the United States Environmental
189	189	14 Protection Agency in its Emissions & Generation Resource
190	190	15 Integrated Database (eGrid), or its successor, in the most
191	191	16 recent year for which data is available.
192	192	17 "Public greenhouse gas-emitting units" or "public
193	193	18 GHG-emitting unit" means large greenhouse gas-emitting units,
194	194	19 including EGUs, that are wholly owned, directly or indirectly,
195	195	20 by one or more municipalities, municipal corporations, joint
196	196	21 municipal electric power agencies, electric cooperatives, or
197	197	22 other governmental or nonprofit entities, whether organized
198	198	23 and created under the laws of Illinois or another state.
199	199	24 "SO2 emission rate" means the "plant annual SO2 total
200	200	25 output emission rate" as measured by the United States
201	201	26 Environmental Protection Agency in its Emissions & Generation
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212	212	1 Resource Integrated Database (eGrid), or its successor, in the
213	213	2 most recent year for which data is available.
214	214	3 (g) All EGUs and large greenhouse gas-emitting units that
215	215	4 use coal or oil as a fuel and are not public GHG-emitting units
216	216	5 shall permanently reduce all CO2e and copollutant emissions to
217	217	6 zero no later than January 1, 2035 2030.
218	218	7 (h) All EGUs and large greenhouse gas-emitting units that
219	219	8 use coal as a fuel and are public GHG-emitting units shall
220	220	9 permanently reduce CO2e emissions to zero no later than
221	221	10 December 31, 2050 2045. Any source or plant with such units
222	222	11 must also reduce their CO2e emissions by 45% from existing
223	223	12 emissions by no later than January 1, 2040 2035. If the
224	224	13 emissions reduction requirement is not achieved by December
225	225	14 31, 2040 2035, the plant shall retire one or more units or
226	226	15 otherwise reduce its CO2e emissions by 45% from existing
227	227	16 emissions by June 30, 2043 2038.
228	228	17 (i) All EGUs and large greenhouse gas-emitting units that
229	229	18 use gas as a fuel and are not public GHG-emitting units shall
230	230	19 permanently reduce all CO2e and copollutant emissions to zero,
231	231	20 including through unit retirement or the use of 100% green
232	232	21 hydrogen or other similar technology that is commercially
233	233	22 proven to achieve zero carbon emissions, according to the
234	234	23 following:
235	235	24 (1) No later than January 1, 2030: all EGUs and large
236	236	25 greenhouse gas-emitting units that have a NOx emissions
237	237	26 rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
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248	248	1 greater than 0.006 lb/MWh, and are located in or within 3
249	249	2 miles of an environmental justice community designated as
250	250	3 of January 1, 2021 or an equity investment eligible
251	251	4 community.
252	252	5 (2) No later than January 1, 2040: all EGUs and large
253	253	6 greenhouse gas-emitting units that have a NOx emission
254	254	7 rate of greater than 0.12 lbs/MWh or a SO2 emission rate
255	255	8 greater than 0.006 lb/MWh, and are not located in or
256	256	9 within 3 miles of an environmental justice community
257	257	10 designated as of January 1, 2021 or an equity investment
258	258	11 eligible community. After January 1, 2035, each such EGU
259	259	12 and large greenhouse gas-emitting unit shall reduce its
260	260	13 CO2e emissions by at least 50% from its existing emissions
261	261	14 for CO2e, and shall be limited in operation to, on average,
262	262	15 6 hours or less per day, measured over a calendar year, and
263	263	16 shall not run for more than 24 consecutive hours except in
264	264	17 emergency conditions, as designated by a Regional
265	265	18 Transmission Organization or Independent System Operator.
266	266	19 (3) No later than January 1, 2035: all EGUs and large
267	267	20 greenhouse gas-emitting units that began operation prior
268	268	21 to September 15, 2021 (the effective date of Public Act
269	269	22 102-662), the effective date of this amendatory Act of the
270	270	23 102nd General Assembly and have a NOx emission rate of less
271	271	24 than or equal to 0.12 lb/MWh and a SO2 emission rate less
272	272	25 than or equal to 0.006 lb/MWh, and are located in or within
273	273	26 3 miles of an environmental justice community designated
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284	284	1 as of January 1, 2021 or an equity investment eligible
285	285	2 community. Each such EGU and large greenhouse gas-emitting
286	286	3 unit shall reduce its CO2e emissions by at least 50% from
287	287	4 its existing emissions for CO2e no later than January 1,
288	288	5 2030.
289	289	6 (4) No later than January 1, 2040: All remaining EGUs
290	290	7 and large greenhouse gas-emitting units that have a heat
291	291	8 rate greater than or equal to 7000 BTU/kWh. Each such EGU
292	292	9 and Large greenhouse gas-emitting unit shall reduce its
293	293	10 CO2e emissions by at least 50% from its existing emissions
294	294	11 for CO2e no later than January 1, 2035.
295	295	12 (5) No later than January 1, 2045: all remaining EGUs
296	296	13 and large greenhouse gas-emitting units.
297	297	14 (j) All EGUs and large greenhouse gas-emitting units that
298	298	15 use gas as a fuel and are public GHG-emitting units shall
299	299	16 permanently reduce all CO2e and copollutant emissions to zero,
300	300	17 including through unit retirement or the use of 100% green
301	301	18 hydrogen or other similar technology that is commercially
302	302	19 proven to achieve zero carbon emissions by January 1, 2045.
303	303	20 (k) All EGUs and large greenhouse gas-emitting units that
304	304	21 utilize combined heat and power or cogeneration technology
305	305	22 shall permanently reduce all CO2e and copollutant emissions to
306	306	23 zero, including through unit retirement or the use of 100%
307	307	24 green hydrogen or other similar technology that is
308	308	25 commercially proven to achieve zero carbon emissions by
309	309	26 January 1, 2045.
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320	320	1 (k-5) No EGU or large greenhouse gas-emitting unit that
321	321	2 uses gas as a fuel and is not a public GHG-emitting unit may
322	322	3 emit, in any 12-month period, CO2e or copollutants in excess of
323	323	4 that unit's existing emissions for those pollutants.
324	324	5 (l) Notwithstanding subsections (g) through (k-5), large
325	325	6 GHG-emitting units including EGUs may temporarily continue
326	326	7 emitting CO2e and copollutants after any applicable deadline
327	327	8 specified in any of subsections (g) through (k-5) if it has
328	328	9 been determined, as described in paragraphs (1) and (2) of
329	329	10 this subsection, that ongoing operation of the EGU is
330	330	11 necessary to maintain power grid supply and reliability or
331	331	12 ongoing operation of large GHG-emitting unit that is not an
332	332	13 EGU is necessary to serve as an emergency backup to
333	333	14 operations. Up to and including the occurrence of an emission
334	334	15 reduction deadline under subsection (i), all EGUs and large
335	335	16 GHG-emitting units must comply with the following terms:
336	336	17 (1) if an EGU or large GHG-emitting unit that is a
337	337	18 participant in a regional transmission organization
338	338	19 intends to retire, it must submit documentation to the
339	339	20 appropriate regional transmission organization by the
340	340	21 appropriate deadline that meets all applicable regulatory
341	341	22 requirements necessary to obtain approval to permanently
342	342	23 cease operating the large GHG-emitting unit;
343	343	24 (2) if any EGU or large GHG-emitting unit that is a
344	344	25 participant in a regional transmission organization
345	345	26 receives notice that the regional transmission
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356	356	1 organization has determined that continued operation of
357	357	2 the unit is required, the unit may continue operating
358	358	3 until the issue identified by the regional transmission
359	359	4 organization is resolved. The owner or operator of the
360	360	5 unit must cooperate with the regional transmission
361	361	6 organization in resolving the issue and must reduce its
362	362	7 emissions to zero, consistent with the requirements under
363	363	8 subsection (g), (h), (i), (j), (k), or (k-5), as
364	364	9 applicable, as soon as practicable when the issue
365	365	10 identified by the regional transmission organization is
366	366	11 resolved; and
367	367	12 (3) any large GHG-emitting unit that is not a
368	368	13 participant in a regional transmission organization shall
369	369	14 be allowed to continue emitting CO2e and copollutants
370	370	15 after the zero-emission date specified in subsection (g),
371	371	16 (h), (i), (j), (k), or (k-5), as applicable, in the
372	372	17 capacity of an emergency backup unit if approved by the
373	373	18 Illinois Commerce Commission.
374	374	19 (m) No variance, adjusted standard, or other regulatory
375	375	20 relief otherwise available in this Act may be granted to the
376	376	21 emissions reduction and elimination obligations in this
377	377	22 Section.
378	378	23 (n) By June 30 of each year, beginning in 2025, the Agency
379	379	24 shall prepare and publish on its website a report setting
380	380	25 forth the actual greenhouse gas emissions from individual
381	381	26 units and the aggregate statewide emissions from all units for
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392	392	1 the prior year.
393	393	2 (o) Every 5 years beginning in 2025, the Environmental
394	394	3 Protection Agency, Illinois Power Agency, and Illinois
395	395	4 Commerce Commission shall jointly prepare, and release
396	396	5 publicly, a report to the General Assembly that examines the
397	397	6 State's current progress toward its renewable energy resource
398	398	7 development goals, the status of CO2e and copollutant
399	399	8 emissions reductions, the current status and progress toward
400	400	9 developing and implementing green hydrogen technologies, the
401	401	10 current and projected status of electric resource adequacy and
402	402	11 reliability throughout the State for the period beginning 5
403	403	12 years ahead, and proposed solutions for any findings. The
404	404	13 Environmental Protection Agency, Illinois Power Agency, and
405	405	14 Illinois Commerce Commission shall consult PJM
406	406	15 Interconnection, LLC and Midcontinent Independent System
407	407	16 Operator, Inc., or their respective successor organizations
408	408	17 regarding forecasted resource adequacy and reliability needs,
409	409	18 anticipated new generation interconnection, new transmission
410	410	19 development or upgrades, and any announced large GHG-emitting
411	411	20 unit closure dates and include this information in the report.
412	412	21 The report shall be released publicly by no later than
413	413	22 December 15 of the year it is prepared. If the Environmental
414	414	23 Protection Agency, Illinois Power Agency, and Illinois
415	415	24 Commerce Commission jointly conclude in the report that the
416	416	25 data from the regional grid operators, the pace of renewable
417	417	26 energy development, the pace of development of energy storage
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428	428	1 and demand response utilization, transmission capacity, and
429	429	2 the CO2e and copollutant emissions reductions required by
430	430	3 subsection (i) or (k-5) reasonably demonstrate that a resource
431	431	4 adequacy shortfall will occur, including whether there will be
432	432	5 sufficient in-state capacity to meet the zonal requirements of
433	433	6 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
434	434	7 regional transmission organizations, or that the regional
435	435	8 transmission operators determine that a reliability violation
436	436	9 will occur during the time frame the study is evaluating, then
437	437	10 the Illinois Power Agency, in conjunction with the
438	438	11 Environmental Protection Agency shall develop a plan to reduce
439	439	12 or delay CO2e and copollutant emissions reductions
440	440	13 requirements only to the extent and for the duration necessary
441	441	14 to meet the resource adequacy and reliability needs of the
442	442	15 State, including allowing any plants whose emission reduction
443	443	16 deadline has been identified in the plan as creating a
444	444	17 reliability concern to continue operating, including operating
445	445	18 with reduced emissions or as emergency backup where
446	446	19 appropriate. The plan shall also consider the use of renewable
447	447	20 energy, energy storage, demand response, transmission
448	448	21 development, or other strategies to resolve the identified
449	449	22 resource adequacy shortfall or reliability violation.
450	450	23 (1) In developing the plan, the Environmental
451	451	24 Protection Agency and the Illinois Power Agency shall hold
452	452	25 at least one workshop open to, and accessible at a time and
453	453	26 place convenient to, the public and shall consider any
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464	464	1 comments made by stakeholders or the public. Upon
465	465	2 development of the plan, copies of the plan shall be
466	466	3 posted and made publicly available on the Environmental
467	467	4 Protection Agency's, the Illinois Power Agency's, and the
468	468	5 Illinois Commerce Commission's websites. All interested
469	469	6 parties shall have 60 days following the date of posting
470	470	7 to provide comment to the Environmental Protection Agency
471	471	8 and the Illinois Power Agency on the plan. All comments
472	472	9 submitted to the Environmental Protection Agency and the
473	473	10 Illinois Power Agency shall be encouraged to be specific,
474	474	11 supported by data or other detailed analyses, and, if
475	475	12 objecting to all or a portion of the plan, accompanied by
476	476	13 specific alternative wording or proposals. All comments
477	477	14 shall be posted on the Environmental Protection Agency's,
478	478	15 the Illinois Power Agency's, and the Illinois Commerce
479	479	16 Commission's websites. Within 30 days following the end of
480	480	17 the 60-day review period, the Environmental Protection
481	481	18 Agency and the Illinois Power Agency shall revise the plan
482	482	19 as necessary based on the comments received and file its
483	483	20 revised plan with the Illinois Commerce Commission for
484	484	21 approval.
485	485	22 (2) Within 60 days after the filing of the revised
486	486	23 plan at the Illinois Commerce Commission, any person
487	487	24 objecting to the plan shall file an objection with the
488	488	25 Illinois Commerce Commission. Within 30 days after the
489	489	26 expiration of the comment period, the Illinois Commerce
490	490
491	491
492	492
493	493
494	494
495	495	HB1546 - 13 - LRB104 03414 BDA 13436 b
496	496
497	497
498	498	HB1546- 14 -LRB104 03414 BDA 13436 b HB1546 - 14 - LRB104 03414 BDA 13436 b
499	499	HB1546 - 14 - LRB104 03414 BDA 13436 b
500	500
501	501
502	502
503	503
504	504
505	505	HB1546 - 14 - LRB104 03414 BDA 13436 b