104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1235 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15415 ILCS 5/3.131 rep. Amends the Environmental Protection Act. Reverts provisions regarding greenhouse gases to the language existing before changes made by amendment under P.A. 102-662. Repeals a provision defining "clean energy". Effective immediately. LRB104 03354 BDA 13376 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1235 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.15415 ILCS 5/3.131 rep. 415 ILCS 5/9.15 415 ILCS 5/3.131 rep. Amends the Environmental Protection Act. Reverts provisions regarding greenhouse gases to the language existing before changes made by amendment under P.A. 102-662. Repeals a provision defining "clean energy". Effective immediately. LRB104 03354 BDA 13376 b LRB104 03354 BDA 13376 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1235 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
415 ILCS 5/9.15415 ILCS 5/3.131 rep. 415 ILCS 5/9.15 415 ILCS 5/3.131 rep.
415 ILCS 5/9.15
415 ILCS 5/3.131 rep.
Amends the Environmental Protection Act. Reverts provisions regarding greenhouse gases to the language existing before changes made by amendment under P.A. 102-662. Repeals a provision defining "clean energy". Effective immediately.
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A BILL FOR
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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5 changing Section 9.15 as follows:
6 (415 ILCS 5/9.15)
7 Sec. 9.15. Greenhouse gases.
8 (a) An air pollution construction permit shall not be
9 required due to emissions of greenhouse gases if the
10 equipment, site, or source is not subject to regulation, as
11 defined by 40 CFR 52.21, as now or hereafter amended, for
12 greenhouse gases. This exemption does or is otherwise not
13 addressed in this Section or by the Board in regulations for
14 greenhouse gases. These exemptions do not relieve an owner or
15 operator from the obligation to comply with other applicable
16 rules or regulations.
17 (b) An air pollution operating permit shall not be
18 required due to emissions of greenhouse gases if the
19 equipment, site, or source is not subject to regulation, as
20 defined by Section 39.5 of this Act, for greenhouse gases.
21 This exemption does or is otherwise not addressed in this
22 Section or by the Board in regulations for greenhouse gases.
23 These exemptions do not relieve an owner or operator from the
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1235 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
415 ILCS 5/9.15415 ILCS 5/3.131 rep. 415 ILCS 5/9.15 415 ILCS 5/3.131 rep.
415 ILCS 5/9.15
415 ILCS 5/3.131 rep.
Amends the Environmental Protection Act. Reverts provisions regarding greenhouse gases to the language existing before changes made by amendment under P.A. 102-662. Repeals a provision defining "clean energy". Effective immediately.
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A BILL FOR
415 ILCS 5/9.15
415 ILCS 5/3.131 rep.
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1 obligation to comply with other applicable rules or
2 regulations.
3 (c) Notwithstanding any provision to the contrary in this
4 Section, an air pollution construction or operating permit
5 shall not be required due to emissions of greenhouse gases if
6 any of the following events occur: (Blank).
7 (1) enactment of federal legislation depriving the
8 Administrator of the USEPA of authority to regulate
9 greenhouse gases under the Clean Air Act;
10 (2) the issuance of any opinion, ruling, judgment,
11 order, or decree by a federal court depriving the
12 Administrator of the USEPA of authority to regulate
13 greenhouse gases under the Clean Air Act; or
14 (3) action by the President of the United States or
15 the President's authorized agent, including the
16 Administrator of the USEPA, to repeal or withdraw the
17 Greenhouse Gas Tailoring Rule (75 Fed. Reg. 31514, June 3,
18 2010).
19 This subsection (c) does not relieve an owner or operator
20 from the obligation to comply with applicable rules or
21 regulations other than those relating to greenhouse gases.
22 (d) If any event listed in subsection (c) of this Section
23 occurs, permits issued after such event shall not impose
24 permit terms or conditions addressing greenhouse gases during
25 the effectiveness of any event listed in subsection (c).
26 (Blank).
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1 (e) If an event listed in subsection (c) of this Section
2 occurs, any owner or operator with a permit that includes
3 terms or conditions addressing greenhouse gases may elect to
4 submit an application to the Agency to address a revision or
5 repeal of such terms or conditions. The Agency shall
6 expeditiously process such permit application in accordance
7 with applicable laws and regulations. (Blank).
8 (f) (Blank). As used in this Section:
9 "Carbon dioxide emission" means the plant annual CO2 total
10 output emission as measured by the United States Environmental
11 Protection Agency in its Emissions & Generation Resource
12 Integrated Database (eGrid), or its successor.
13 "Carbon dioxide equivalent emissions" or "CO2e" means the
14 sum total of the mass amount of emissions in tons per year,
15 calculated by multiplying the mass amount of each of the 6
16 greenhouse gases specified in Section 3.207, in tons per year,
17 by its associated global warming potential as set forth in 40
18 CFR 98, subpart A, table A-1 or its successor, and then adding
19 them all together.
20 "Cogeneration" or "combined heat and power" refers to any
21 system that, either simultaneously or sequentially, produces
22 electricity and useful thermal energy from a single fuel
23 source.
24 "Copollutants" refers to the 6 criteria pollutants that
25 have been identified by the United States Environmental
26 Protection Agency pursuant to the Clean Air Act.
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1 "Electric generating unit" or "EGU" means a fossil
2 fuel-fired stationary boiler, combustion turbine, or combined
3 cycle system that serves a generator that has a nameplate
4 capacity greater than 25 MWe and produces electricity for
5 sale.
6 "Environmental justice community" means the definition of
7 that term based on existing methodologies and findings, used
8 and as may be updated by the Illinois Power Agency and its
9 program administrator in the Illinois Solar for All Program.
10 "Equity investment eligible community" or "eligible
11 community" means the geographic areas throughout Illinois that
12 would most benefit from equitable investments by the State
13 designed to combat discrimination and foster sustainable
14 economic growth. Specifically, eligible community means the
15 following areas:
16 (1) areas where residents have been historically
17 excluded from economic opportunities, including
18 opportunities in the energy sector, as defined as R3 areas
19 pursuant to Section 10-40 of the Cannabis Regulation and
20 Tax Act; and
21 (2) areas where residents have been historically
22 subject to disproportionate burdens of pollution,
23 including pollution from the energy sector, as established
24 by environmental justice communities as defined by the
25 Illinois Power Agency pursuant to the Illinois Power
26 Agency Act, excluding any racial or ethnic indicators.
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1 "Equity investment eligible person" or "eligible person"
2 means the persons who would most benefit from equitable
3 investments by the State designed to combat discrimination and
4 foster sustainable economic growth. Specifically, eligible
5 person means the following people:
6 (1) persons whose primary residence is in an equity
7 investment eligible community;
8 (2) persons whose primary residence is in a
9 municipality, or a county with a population under 100,000,
10 where the closure of an electric generating unit or mine
11 has been publicly announced or the electric generating
12 unit or mine is in the process of closing or closed within
13 the last 5 years;
14 (3) persons who are graduates of or currently enrolled
15 in the foster care system; or
16 (4) persons who were formerly incarcerated.
17 "Existing emissions" means:
18 (1) for CO2e, the total average tons-per-year of CO2e
19 emitted by the EGU or large GHG-emitting unit either in
20 the years 2018 through 2020 or, if the unit was not yet in
21 operation by January 1, 2018, in the first 3 full years of
22 that unit's operation; and
23 (2) for any copollutant, the total average
24 tons-per-year of that copollutant emitted by the EGU or
25 large GHG-emitting unit either in the years 2018 through
26 2020 or, if the unit was not yet in operation by January 1,
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1 2018, in the first 3 full years of that unit's operation.
2 "Green hydrogen" means a power plant technology in which
3 an EGU creates electric power exclusively from electrolytic
4 hydrogen, in a manner that produces zero carbon and
5 copollutant emissions, using hydrogen fuel that is
6 electrolyzed using a 100% renewable zero carbon emission
7 energy source.
8 "Large greenhouse gas-emitting unit" or "large
9 GHG-emitting unit" means a unit that is an electric generating
10 unit or other fossil fuel-fired unit that itself has a
11 nameplate capacity or serves a generator that has a nameplate
12 capacity greater than 25 MWe and that produces electricity,
13 including, but not limited to, coal-fired, coal-derived,
14 oil-fired, natural gas-fired, and cogeneration units.
15 "NOx emission rate" means the plant annual NOx total output
16 emission rate as measured by the United States Environmental
17 Protection Agency in its Emissions & Generation Resource
18 Integrated Database (eGrid), or its successor, in the most
19 recent year for which data is available.
20 "Public greenhouse gas-emitting units" or "public
21 GHG-emitting unit" means large greenhouse gas-emitting units,
22 including EGUs, that are wholly owned, directly or indirectly,
23 by one or more municipalities, municipal corporations, joint
24 municipal electric power agencies, electric cooperatives, or
25 other governmental or nonprofit entities, whether organized
26 and created under the laws of Illinois or another state.
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1 "SO2 emission rate" means the "plant annual SO2 total
2 output emission rate" as measured by the United States
3 Environmental Protection Agency in its Emissions & Generation
4 Resource Integrated Database (eGrid), or its successor, in the
5 most recent year for which data is available.
6 (g) (Blank). All EGUs and large greenhouse gas-emitting
7 units that use coal or oil as a fuel and are not public
8 GHG-emitting units shall permanently reduce all CO2e and
9 copollutant emissions to zero no later than January 1, 2030.
10 (h) (Blank). All EGUs and large greenhouse gas-emitting
11 units that use coal as a fuel and are public GHG-emitting units
12 shall permanently reduce CO2e emissions to zero no later than
13 December 31, 2045. Any source or plant with such units must
14 also reduce their CO2e emissions by 45% from existing
15 emissions by no later than January 1, 2035. If the emissions
16 reduction requirement is not achieved by December 31, 2035,
17 the plant shall retire one or more units or otherwise reduce
18 its CO2e emissions by 45% from existing emissions by June 30,
19 2038.
20 (i) (Blank). All EGUs and large greenhouse gas-emitting
21 units that use gas as a fuel and are not public GHG-emitting
22 units shall permanently reduce all CO2e and copollutant
23 emissions to zero, including through unit retirement or the
24 use of 100% green hydrogen or other similar technology that is
25 commercially proven to achieve zero carbon emissions,
26 according to the following:
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1 (1) No later than January 1, 2030: all EGUs and large
2 greenhouse gas-emitting units that have a NOx emissions
3 rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
4 greater than 0.006 lb/MWh, and are located in or within 3
5 miles of an environmental justice community designated as
6 of January 1, 2021 or an equity investment eligible
7 community.
8 (2) No later than January 1, 2040: all EGUs and large
9 greenhouse gas-emitting units that have a NOx emission
10 rate of greater than 0.12 lbs/MWh or a SO2 emission rate
11 greater than 0.006 lb/MWh, and are not located in or
12 within 3 miles of an environmental justice community
13 designated as of January 1, 2021 or an equity investment
14 eligible community. After January 1, 2035, each such EGU
15 and large greenhouse gas-emitting unit shall reduce its
16 CO2e emissions by at least 50% from its existing emissions
17 for CO2e, and shall be limited in operation to, on average,
18 6 hours or less per day, measured over a calendar year, and
19 shall not run for more than 24 consecutive hours except in
20 emergency conditions, as designated by a Regional
21 Transmission Organization or Independent System Operator.
22 (3) No later than January 1, 2035: all EGUs and large
23 greenhouse gas-emitting units that began operation prior
24 to the effective date of this amendatory Act of the 102nd
25 General Assembly and have a NOx emission rate of less than
26 or equal to 0.12 lb/MWh and a SO2 emission rate less than
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1 or equal to 0.006 lb/MWh, and are located in or within 3
2 miles of an environmental justice community designated as
3 of January 1, 2021 or an equity investment eligible
4 community. Each such EGU and large greenhouse gas-emitting
5 unit shall reduce its CO2e emissions by at least 50% from
6 its existing emissions for CO2e no later than January 1,
7 2030.
8 (4) No later than January 1, 2040: All remaining EGUs
9 and large greenhouse gas-emitting units that have a heat
10 rate greater than or equal to 7000 BTU/kWh. Each such EGU
11 and Large greenhouse gas-emitting unit shall reduce its
12 CO2e emissions by at least 50% from its existing emissions
13 for CO2e no later than January 1, 2035.
14 (5) No later than January 1, 2045: all remaining EGUs
15 and large greenhouse gas-emitting units.
16 (j) (Blank). All EGUs and large greenhouse gas-emitting
17 units that use gas as a fuel and are public GHG-emitting units
18 shall permanently reduce all CO2e and copollutant emissions to
19 zero, including through unit retirement or the use of 100%
20 green hydrogen or other similar technology that is
21 commercially proven to achieve zero carbon emissions by
22 January 1, 2045.
23 (k) (Blank). All EGUs and large greenhouse gas-emitting
24 units that utilize combined heat and power or cogeneration
25 technology shall permanently reduce all CO2e and copollutant
26 emissions to zero, including through unit retirement or the
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1 use of 100% green hydrogen or other similar technology that is
2 commercially proven to achieve zero carbon emissions by
3 January 1, 2045.
4 (k-5) (Blank). No EGU or large greenhouse gas-emitting
5 unit that uses gas as a fuel and is not a public GHG-emitting
6 unit may emit, in any 12-month period, CO2e or copollutants in
7 excess of that unit's existing emissions for those pollutants.
8 (l) (Blank). Notwithstanding subsections (g) through
9 (k-5), large GHG-emitting units including EGUs may temporarily
10 continue emitting CO2e and copollutants after any applicable
11 deadline specified in any of subsections (g) through (k-5) if
12 it has been determined, as described in paragraphs (1) and (2)
13 of this subsection, that ongoing operation of the EGU is
14 necessary to maintain power grid supply and reliability or
15 ongoing operation of large GHG-emitting unit that is not an
16 EGU is necessary to serve as an emergency backup to
17 operations. Up to and including the occurrence of an emission
18 reduction deadline under subsection (i), all EGUs and large
19 GHG-emitting units must comply with the following terms:
20 (1) if an EGU or large GHG-emitting unit that is a
21 participant in a regional transmission organization
22 intends to retire, it must submit documentation to the
23 appropriate regional transmission organization by the
24 appropriate deadline that meets all applicable regulatory
25 requirements necessary to obtain approval to permanently
26 cease operating the large GHG-emitting unit;
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1 (2) if any EGU or large GHG-emitting unit that is a
2 participant in a regional transmission organization
3 receives notice that the regional transmission
4 organization has determined that continued operation of
5 the unit is required, the unit may continue operating
6 until the issue identified by the regional transmission
7 organization is resolved. The owner or operator of the
8 unit must cooperate with the regional transmission
9 organization in resolving the issue and must reduce its
10 emissions to zero, consistent with the requirements under
11 subsection (g), (h), (i), (j), (k), or (k-5), as
12 applicable, as soon as practicable when the issue
13 identified by the regional transmission organization is
14 resolved; and
15 (3) any large GHG-emitting unit that is not a
16 participant in a regional transmission organization shall
17 be allowed to continue emitting CO2e and copollutants
18 after the zero-emission date specified in subsection (g),
19 (h), (i), (j), (k), or (k-5), as applicable, in the
20 capacity of an emergency backup unit if approved by the
21 Illinois Commerce Commission.
22 (m) (Blank). No variance, adjusted standard, or other
23 regulatory relief otherwise available in this Act may be
24 granted to the emissions reduction and elimination obligations
25 in this Section.
26 (n) (Blank). By June 30 of each year, beginning in 2025,
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1 the Agency shall prepare and publish on its website a report
2 setting forth the actual greenhouse gas emissions from
3 individual units and the aggregate statewide emissions from
4 all units for the prior year.
5 (o) (Blank). Every 5 years beginning in 2025, the
6 Environmental Protection Agency, Illinois Power Agency, and
7 Illinois Commerce Commission shall jointly prepare, and
8 release publicly, a report to the General Assembly that
9 examines the State's current progress toward its renewable
10 energy resource development goals, the status of CO2e and
11 copollutant emissions reductions, the current status and
12 progress toward developing and implementing green hydrogen
13 technologies, the current and projected status of electric
14 resource adequacy and reliability throughout the State for the
15 period beginning 5 years ahead, and proposed solutions for any
16 findings. The Environmental Protection Agency, Illinois Power
17 Agency, and Illinois Commerce Commission shall consult PJM
18 Interconnection, LLC and Midcontinent Independent System
19 Operator, Inc., or their respective successor organizations
20 regarding forecasted resource adequacy and reliability needs,
21 anticipated new generation interconnection, new transmission
22 development or upgrades, and any announced large GHG-emitting
23 unit closure dates and include this information in the report.
24 The report shall be released publicly by no later than
25 December 15 of the year it is prepared. If the Environmental
26 Protection Agency, Illinois Power Agency, and Illinois
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1 Commerce Commission jointly conclude in the report that the
2 data from the regional grid operators, the pace of renewable
3 energy development, the pace of development of energy storage
4 and demand response utilization, transmission capacity, and
5 the CO2e and copollutant emissions reductions required by
6 subsection (i) or (k-5) reasonably demonstrate that a resource
7 adequacy shortfall will occur, including whether there will be
8 sufficient in-state capacity to meet the zonal requirements of
9 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
10 regional transmission organizations, or that the regional
11 transmission operators determine that a reliability violation
12 will occur during the time frame the study is evaluating, then
13 the Illinois Power Agency, in conjunction with the
14 Environmental Protection Agency shall develop a plan to reduce
15 or delay CO2e and copollutant emissions reductions
16 requirements only to the extent and for the duration necessary
17 to meet the resource adequacy and reliability needs of the
18 State, including allowing any plants whose emission reduction
19 deadline has been identified in the plan as creating a
20 reliability concern to continue operating, including operating
21 with reduced emissions or as emergency backup where
22 appropriate. The plan shall also consider the use of renewable
23 energy, energy storage, demand response, transmission
24 development, or other strategies to resolve the identified
25 resource adequacy shortfall or reliability violation.
26 (1) In developing the plan, the Environmental
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1 Protection Agency and the Illinois Power Agency shall hold
2 at least one workshop open to, and accessible at a time and
3 place convenient to, the public and shall consider any
4 comments made by stakeholders or the public. Upon
5 development of the plan, copies of the plan shall be
6 posted and made publicly available on the Environmental
7 Protection Agency's, the Illinois Power Agency's, and the
8 Illinois Commerce Commission's websites. All interested
9 parties shall have 60 days following the date of posting
10 to provide comment to the Environmental Protection Agency
11 and the Illinois Power Agency on the plan. All comments
12 submitted to the Environmental Protection Agency and the
13 Illinois Power Agency shall be encouraged to be specific,
14 supported by data or other detailed analyses, and, if
15 objecting to all or a portion of the plan, accompanied by
16 specific alternative wording or proposals. All comments
17 shall be posted on the Environmental Protection Agency's,
18 the Illinois Power Agency's, and the Illinois Commerce
19 Commission's websites. Within 30 days following the end of
20 the 60-day review period, the Environmental Protection
21 Agency and the Illinois Power Agency shall revise the plan
22 as necessary based on the comments received and file its
23 revised plan with the Illinois Commerce Commission for
24 approval.
25 (2) Within 60 days after the filing of the revised
26 plan at the Illinois Commerce Commission, any person
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1 objecting to the plan shall file an objection with the
2 Illinois Commerce Commission. Within 30 days after the
3 expiration of the comment period, the Illinois Commerce
4 Commission shall determine whether an evidentiary hearing
5 is necessary. The Illinois Commerce Commission shall also
6 host 3 public hearings within 90 days after the plan is
7 filed. Following the evidentiary and public hearings, the
8 Illinois Commerce Commission shall enter its order
9 approving or approving with modifications the reliability
10 mitigation plan within 180 days.
11 (3) The Illinois Commerce Commission shall only
12 approve the plan if the Illinois Commerce Commission
13 determines that it will resolve the resource adequacy or
14 reliability deficiency identified in the reliability
15 mitigation plan at the least amount of CO2e and copollutant
16 emissions, taking into consideration the emissions impacts
17 on environmental justice communities, and that it will
18 ensure adequate, reliable, affordable, efficient, and
19 environmentally sustainable electric service at the lowest
20 total cost over time, taking into account the impact of
21 increases in emissions.
22 (4) If the resource adequacy or reliability deficiency
23 identified in the reliability mitigation plan is resolved
24 or reduced, the Environmental Protection Agency and the
25 Illinois Power Agency may file an amended plan adjusting
26 the reduction or delay in CO2e and copollutant emission
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1 reduction requirements identified in the plan.
2 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
3 (415 ILCS 5/3.131 rep.)
4 Section 10. The Environmental Protection Act is amended by
5 repealing Section 3.131.
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