Illinois 2025-2026 Regular Session

Illinois House Bill HB3120 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3120 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15 Amends the Environmental Protection Act. Provides that the owner or operator of any large GHG-emitting unit in the State, including the owner or operator of an EGU in the State, may petition the Commission for a waiver of any one or more specified emission limitations. Provides that, if the Commission determines, following a hearing, that compliance with any one or more of the emission limitations will either threaten the reliability or adequacy of electricity supplies in the State or will create a significant economic hardship for electricity users in the State, the Commission may enter a written order waiving the operation of those limitations for a period to be specified by the Commission. Provides that, if at any time the Illinois Commerce Commission believes that an impending plant closure would threaten the reliability or adequacy of electricity supplies in the State or create a significant economic hardship for electricity users, the Illinois Commerce Commission shall enter a written order waiving the operation of those limitations for any large GHG-emitting units in the State for a period to be specified by the Commission. Provides that, if there is a conflict between the terms of the Act and an order entered by the Commission, the Commission's order shall control. Effective immediately. LRB104 10072 BDA 20144 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3120 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15 415 ILCS 5/9.15 Amends the Environmental Protection Act. Provides that the owner or operator of any large GHG-emitting unit in the State, including the owner or operator of an EGU in the State, may petition the Commission for a waiver of any one or more specified emission limitations. Provides that, if the Commission determines, following a hearing, that compliance with any one or more of the emission limitations will either threaten the reliability or adequacy of electricity supplies in the State or will create a significant economic hardship for electricity users in the State, the Commission may enter a written order waiving the operation of those limitations for a period to be specified by the Commission. Provides that, if at any time the Illinois Commerce Commission believes that an impending plant closure would threaten the reliability or adequacy of electricity supplies in the State or create a significant economic hardship for electricity users, the Illinois Commerce Commission shall enter a written order waiving the operation of those limitations for any large GHG-emitting units in the State for a period to be specified by the Commission. Provides that, if there is a conflict between the terms of the Act and an order entered by the Commission, the Commission's order shall control. Effective immediately. LRB104 10072 BDA 20144 b LRB104 10072 BDA 20144 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3120 Introduced , by Rep. Blaine Wilhour 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. Provides that the owner or operator of any large GHG-emitting unit in the State, including the owner or operator of an EGU in the State, may petition the Commission for a waiver of any one or more specified emission limitations. Provides that, if the Commission determines, following a hearing, that compliance with any one or more of the emission limitations will either threaten the reliability or adequacy of electricity supplies in the State or will create a significant economic hardship for electricity users in the State, the Commission may enter a written order waiving the operation of those limitations for a period to be specified by the Commission. Provides that, if at any time the Illinois Commerce Commission believes that an impending plant closure would threaten the reliability or adequacy of electricity supplies in the State or create a significant economic hardship for electricity users, the Illinois Commerce Commission shall enter a written order waiving the operation of those limitations for any large GHG-emitting units in the State for a period to be specified by the Commission. Provides that, if there is a conflict between the terms of the Act and an order entered by the Commission, the Commission's order shall control. Effective immediately.
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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 HB3120 Introduced , by Rep. Blaine Wilhour 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. Provides that the owner or operator of any large GHG-emitting unit in the State, including the owner or operator of an EGU in the State, may petition the Commission for a waiver of any one or more specified emission limitations. Provides that, if the Commission determines, following a hearing, that compliance with any one or more of the emission limitations will either threaten the reliability or adequacy of electricity supplies in the State or will create a significant economic hardship for electricity users in the State, the Commission may enter a written order waiving the operation of those limitations for a period to be specified by the Commission. Provides that, if at any time the Illinois Commerce Commission believes that an impending plant closure would threaten the reliability or adequacy of electricity supplies in the State or create a significant economic hardship for electricity users, the Illinois Commerce Commission shall enter a written order waiving the operation of those limitations for any large GHG-emitting units in the State for a period to be specified by the Commission. Provides that, if there is a conflict between the terms of the Act and an order entered by the Commission, the Commission's order shall control. Effective immediately.
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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, 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, 2045. Any source or plant with such units must
222	222	11 also reduce their CO2e emissions by 45% from existing
223	223	12 emissions by no later than January 1, 2035. If the emissions
224	224	13 reduction requirement is not achieved by December 31, 2035,
225	225	14 the plant shall retire one or more units or otherwise reduce
226	226	15 its CO2e emissions by 45% from existing emissions by June 30,
227	227	16 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 the effective date of this amendatory Act of the 102nd
269	269	22 General Assembly and have a NOx emission rate of less than
270	270	23 or equal to 0.12 lb/MWh and a SO2 emission rate less than
271	271	24 or equal to 0.006 lb/MWh, and are located in or within 3
272	272	25 miles of an environmental justice community designated as
273	273	26 of January 1, 2021 or an equity investment eligible
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284	284	1 community. Each such EGU and large greenhouse gas-emitting
285	285	2 unit shall reduce its CO2e emissions by at least 50% from
286	286	3 its existing emissions for CO2e no later than January 1,
287	287	4 2030.
288	288	5 (4) No later than January 1, 2040: All remaining EGUs
289	289	6 and large greenhouse gas-emitting units that have a heat
290	290	7 rate greater than or equal to 7000 BTU/kWh. Each such EGU
291	291	8 and Large greenhouse gas-emitting unit shall reduce its
292	292	9 CO2e emissions by at least 50% from its existing emissions
293	293	10 for CO2e no later than January 1, 2035.
294	294	11 (5) No later than January 1, 2045: all remaining EGUs
295	295	12 and large greenhouse gas-emitting units.
296	296	13 (j) All EGUs and large greenhouse gas-emitting units that
297	297	14 use gas as a fuel and are public GHG-emitting units shall
298	298	15 permanently reduce all CO2e and copollutant emissions to zero,
299	299	16 including through unit retirement or the use of 100% green
300	300	17 hydrogen or other similar technology that is commercially
301	301	18 proven to achieve zero carbon emissions by January 1, 2045.
302	302	19 (k) All EGUs and large greenhouse gas-emitting units that
303	303	20 utilize combined heat and power or cogeneration technology
304	304	21 shall permanently reduce all CO2e and copollutant emissions to
305	305	22 zero, including through unit retirement or the use of 100%
306	306	23 green hydrogen or other similar technology that is
307	307	24 commercially proven to achieve zero carbon emissions by
308	308	25 January 1, 2045.
309	309	26 (k-5) No EGU or large greenhouse gas-emitting unit that
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320	320	1 uses gas as a fuel and is not a public GHG-emitting unit may
321	321	2 emit, in any 12-month period, CO2e or copollutants in excess of
322	322	3 that unit's existing emissions for those pollutants.
323	323	4 (l) Notwithstanding subsections (g) through (k-5), large
324	324	5 GHG-emitting units including EGUs may temporarily continue
325	325	6 emitting CO2e and copollutants after any applicable deadline
326	326	7 specified in any of subsections (g) through (k-5) if it has
327	327	8 been determined, as described in paragraphs (1) and (2) of
328	328	9 this subsection, that ongoing operation of the EGU is
329	329	10 necessary to maintain power grid supply and reliability or
330	330	11 ongoing operation of large GHG-emitting unit that is not an
331	331	12 EGU is necessary to serve as an emergency backup to
332	332	13 operations. Up to and including the occurrence of an emission
333	333	14 reduction deadline under subsection (i), all EGUs and large
334	334	15 GHG-emitting units must comply with the following terms:
335	335	16 (1) if an EGU or large GHG-emitting unit that is a
336	336	17 participant in a regional transmission organization
337	337	18 intends to retire, it must submit documentation to the
338	338	19 appropriate regional transmission organization by the
339	339	20 appropriate deadline that meets all applicable regulatory
340	340	21 requirements necessary to obtain approval to permanently
341	341	22 cease operating the large GHG-emitting unit;
342	342	23 (2) if any EGU or large GHG-emitting unit that is a
343	343	24 participant in a regional transmission organization
344	344	25 receives notice that the regional transmission
345	345	26 organization has determined that continued operation of
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356	356	1 the unit is required, the unit may continue operating
357	357	2 until the issue identified by the regional transmission
358	358	3 organization is resolved. The owner or operator of the
359	359	4 unit must cooperate with the regional transmission
360	360	5 organization in resolving the issue and must reduce its
361	361	6 emissions to zero, consistent with the requirements under
362	362	7 subsection (g), (h), (i), (j), (k), or (k-5), as
363	363	8 applicable, as soon as practicable when the issue
364	364	9 identified by the regional transmission organization is
365	365	10 resolved; and
366	366	11 (3) any large GHG-emitting unit that is not a
367	367	12 participant in a regional transmission organization shall
368	368	13 be allowed to continue emitting CO2e and copollutants
369	369	14 after the zero-emission date specified in subsection (g),
370	370	15 (h), (i), (j), (k), or (k-5), as applicable, in the
371	371	16 capacity of an emergency backup unit if approved by the
372	372	17 Illinois Commerce Commission.
373	373	18 (l-5) The owner or operator of any large GHG-emitting unit
374	374	19 in the State, including the owner or operator of an EGU in the
375	375	20 State, may petition the Illinois Commerce Commission under
376	376	21 this subsection for a waiver of any one or more of the emission
377	377	22 limitations set forth in subsections (g) through (k-5) of this
378	378	23 Section. Within 30 days after receiving such a petition, the
379	379	24 Commission shall hold at least one public hearing on the
380	380	25 petition at a location that is within 50 miles of at least one
381	381	26 of the units for which the waiver is sought. If the Commission
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392	392	1 determines, following such a hearing, that compliance with any
393	393	2 one or more of the emission limitations set forth in
394	394	3 subsections (g) through (k-5) of this Section will either
395	395	4 threaten the reliability or adequacy of electricity supplies
396	396	5 in the State or will create a significant economic hardship
397	397	6 for electricity users in the State, then the Commission may
398	398	7 enter a written order waiving the operation of any one or more
399	399	8 of those limitations for any large GHG-emitting units in the
400	400	9 State for a period to be specified by the Commission in its
401	401	10 order. If there is a conflict between the terms of this Section
402	402	11 and an order entered by the Commission under this subsection,
403	403	12 the Commission's order shall control.
404	404	13 (l-10) If at any time the Illinois Commerce Commission
405	405	14 believes that an impending plant closure would threaten the
406	406	15 reliability or adequacy of electricity supplies in the State
407	407	16 or create a significant economic hardship for electricity
408	408	17 users, the Illinois Commerce Commission shall enter a written
409	409	18 order waiving the operation of any one or more of the emission
410	410	19 limitations set forth in subsections (g) through (k-5) for any
411	411	20 large GHG-emitting units in the State for a period to be
412	412	21 specified by the Commission. If there is a conflict between
413	413	22 the terms of this Section and an order entered by the
414	414	23 Commission under this subsection, the Commission's order shall
415	415	24 control.
416	416	25 (m) Except as otherwise provided in this Section, no No
417	417	26 variance, adjusted standard, or other regulatory relief
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428	428	1 otherwise available in this Act may be granted to the
429	429	2 emissions reduction and elimination obligations in this
430	430	3 Section.
431	431	4 (n) By June 30 of each year, beginning in 2025, the Agency
432	432	5 shall prepare and publish on its website a report setting
433	433	6 forth the actual greenhouse gas emissions from individual
434	434	7 units and the aggregate statewide emissions from all units for
435	435	8 the prior year.
436	436	9 (o) Every 5 years beginning in 2025, the Environmental
437	437	10 Protection Agency, Illinois Power Agency, and Illinois
438	438	11 Commerce Commission shall jointly prepare, and release
439	439	12 publicly, a report to the General Assembly that examines the
440	440	13 State's current progress toward its renewable energy resource
441	441	14 development goals, the status of CO2e and copollutant
442	442	15 emissions reductions, the current status and progress toward
443	443	16 developing and implementing green hydrogen technologies, the
444	444	17 current and projected status of electric resource adequacy and
445	445	18 reliability throughout the State for the period beginning 5
446	446	19 years ahead, and proposed solutions for any findings. The
447	447	20 Environmental Protection Agency, Illinois Power Agency, and
448	448	21 Illinois Commerce Commission shall consult PJM
449	449	22 Interconnection, LLC and Midcontinent Independent System
450	450	23 Operator, Inc., or their respective successor organizations
451	451	24 regarding forecasted resource adequacy and reliability needs,
452	452	25 anticipated new generation interconnection, new transmission
453	453	26 development or upgrades, and any announced large GHG-emitting
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464	464	1 unit closure dates and include this information in the report.
465	465	2 The report shall be released publicly by no later than
466	466	3 December 15 of the year it is prepared. If the Environmental
467	467	4 Protection Agency, Illinois Power Agency, and Illinois
468	468	5 Commerce Commission jointly conclude in the report that the
469	469	6 data from the regional grid operators, the pace of renewable
470	470	7 energy development, the pace of development of energy storage
471	471	8 and demand response utilization, transmission capacity, and
472	472	9 the CO2e and copollutant emissions reductions required by
473	473	10 subsection (i) or (k-5) reasonably demonstrate that a resource
474	474	11 adequacy shortfall will occur, including whether there will be
475	475	12 sufficient in-state capacity to meet the zonal requirements of
476	476	13 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
477	477	14 regional transmission organizations, or that the regional
478	478	15 transmission operators determine that a reliability violation
479	479	16 will occur during the time frame the study is evaluating, then
480	480	17 the Illinois Power Agency, in conjunction with the
481	481	18 Environmental Protection Agency shall develop a plan to reduce
482	482	19 or delay CO2e and copollutant emissions reductions
483	483	20 requirements only to the extent and for the duration necessary
484	484	21 to meet the resource adequacy and reliability needs of the
485	485	22 State, including allowing any plants whose emission reduction
486	486	23 deadline has been identified in the plan as creating a
487	487	24 reliability concern to continue operating, including operating
488	488	25 with reduced emissions or as emergency backup where
489	489	26 appropriate. The plan shall also consider the use of renewable
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500	500	1 energy, energy storage, demand response, transmission
501	501	2 development, or other strategies to resolve the identified
502	502	3 resource adequacy shortfall or reliability violation.
503	503	4 (1) In developing the plan, the Environmental
504	504	5 Protection Agency and the Illinois Power Agency shall hold
505	505	6 at least one workshop open to, and accessible at a time and
506	506	7 place convenient to, the public and shall consider any
507	507	8 comments made by stakeholders or the public. Upon
508	508	9 development of the plan, copies of the plan shall be
509	509	10 posted and made publicly available on the Environmental
510	510	11 Protection Agency's, the Illinois Power Agency's, and the
511	511	12 Illinois Commerce Commission's websites. All interested
512	512	13 parties shall have 60 days following the date of posting
513	513	14 to provide comment to the Environmental Protection Agency
514	514	15 and the Illinois Power Agency on the plan. All comments
515	515	16 submitted to the Environmental Protection Agency and the
516	516	17 Illinois Power Agency shall be encouraged to be specific,
517	517	18 supported by data or other detailed analyses, and, if
518	518	19 objecting to all or a portion of the plan, accompanied by
519	519	20 specific alternative wording or proposals. All comments
520	520	21 shall be posted on the Environmental Protection Agency's,
521	521	22 the Illinois Power Agency's, and the Illinois Commerce
522	522	23 Commission's websites. Within 30 days following the end of
523	523	24 the 60-day review period, the Environmental Protection
524	524	25 Agency and the Illinois Power Agency shall revise the plan
525	525	26 as necessary based on the comments received and file its
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536	536	1 revised plan with the Illinois Commerce Commission for
537	537	2 approval.
538	538	3 (2) Within 60 days after the filing of the revised
539	539	4 plan at the Illinois Commerce Commission, any person
540	540	5 objecting to the plan shall file an objection with the
541	541	6 Illinois Commerce Commission. Within 30 days after the
542	542	7 expiration of the comment period, the Illinois Commerce
543	543	8 Commission shall determine whether an evidentiary hearing
544	544	9 is necessary. The Illinois Commerce Commission shall also
545	545	10 host 3 public hearings within 90 days after the plan is
546	546	11 filed. Following the evidentiary and public hearings, the
547	547	12 Illinois Commerce Commission shall enter its order
548	548	13 approving or approving with modifications the reliability
549	549	14 mitigation plan within 180 days.
550	550	15 (3) The Illinois Commerce Commission shall only
551	551	16 approve the plan if the Illinois Commerce Commission
552	552	17 determines that it will resolve the resource adequacy or
553	553	18 reliability deficiency identified in the reliability
554	554	19 mitigation plan at the least amount of CO2e and copollutant
555	555	20 emissions, taking into consideration the emissions impacts
556	556	21 on environmental justice communities, and that it will
557	557	22 ensure adequate, reliable, affordable, efficient, and
558	558	23 environmentally sustainable electric service at the lowest
559	559	24 total cost over time, taking into account the impact of
560	560	25 increases in emissions.
561	561	26 (4) If the resource adequacy or reliability deficiency
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572	572	1 identified in the reliability mitigation plan is resolved
573	573	2 or reduced, the Environmental Protection Agency and the
574	574	3 Illinois Power Agency may file an amended plan adjusting
575	575	4 the reduction or delay in CO2e and copollutant emission
576	576	5 reduction requirements identified in the plan.
577	577	6 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
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