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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5897 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: | | | 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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| | 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 or is otherwise not addressed in this Section |
13 | | or by the Board in regulations for greenhouse gases. These |
14 | | exemptions do not relieve an owner or operator from the |
15 | | obligation to comply with other applicable rules or |
16 | | 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 or is |
21 | | otherwise not addressed in this Section or by the Board in |
22 | | regulations for greenhouse gases. These exemptions do not |
23 | | relieve an owner or operator from the obligation to comply |
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1 | | with other applicable rules or regulations. |
2 | | (c) (Blank). |
3 | | (d) (Blank). |
4 | | (e) (Blank). |
5 | | (f) As used in this Section: |
6 | | "Carbon dioxide emission" means the plant annual CO 2 total |
7 | | output emission as measured by the United States Environmental |
8 | | Protection Agency in its Emissions & Generation Resource |
9 | | Integrated Database (eGrid), or its successor. |
10 | | "Carbon dioxide equivalent emissions" or "CO 2 e" means the |
11 | | sum total of the mass amount of emissions in tons per year, |
12 | | calculated by multiplying the mass amount of each of the 6 |
13 | | greenhouse gases specified in Section 3.207, in tons per year, |
14 | | by its associated global warming potential as set forth in 40 |
15 | | CFR 98, subpart A, table A-1 or its successor, and then adding |
16 | | them all together. |
17 | | "Cogeneration" or "combined heat and power" refers to any |
18 | | system that, either simultaneously or sequentially, produces |
19 | | electricity and useful thermal energy from a single fuel |
20 | | source. |
21 | | "Copollutants" refers to the 6 criteria pollutants that |
22 | | have been identified by the United States Environmental |
23 | | Protection Agency pursuant to the Clean Air Act. |
24 | | "Electric generating unit" or "EGU" means a fossil |
25 | | fuel-fired stationary boiler, combustion turbine, or combined |
26 | | cycle system that serves a generator that has a nameplate |
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1 | | capacity greater than 25 MWe and produces electricity for |
2 | | sale. |
3 | | "Environmental justice community" means the definition of |
4 | | that term based on existing methodologies and findings, used |
5 | | and as may be updated by the Illinois Power Agency and its |
6 | | program administrator in the Illinois Solar for All Program. |
7 | | "Equity investment eligible community" or "eligible |
8 | | community" means the geographic areas throughout Illinois that |
9 | | would most benefit from equitable investments by the State |
10 | | designed to combat discrimination and foster sustainable |
11 | | economic growth. Specifically, eligible community means the |
12 | | following areas: |
13 | | (1) areas where residents have been historically |
14 | | excluded from economic opportunities, including |
15 | | opportunities in the energy sector, as defined as R3 areas |
16 | | pursuant to Section 10-40 of the Cannabis Regulation and |
17 | | Tax Act; and |
18 | | (2) areas where residents have been historically |
19 | | subject to disproportionate burdens of pollution, |
20 | | including pollution from the energy sector, as established |
21 | | by environmental justice communities as defined by the |
22 | | Illinois Power Agency pursuant to the Illinois Power |
23 | | Agency Act, excluding any racial or ethnic indicators. |
24 | | "Equity investment eligible person" or "eligible person" |
25 | | means the persons who would most benefit from equitable |
26 | | investments by the State designed to combat discrimination and |
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1 | | foster sustainable economic growth. Specifically, eligible |
2 | | person means the following people: |
3 | | (1) persons whose primary residence is in an equity |
4 | | investment eligible community; |
5 | | (2) persons whose primary residence is in a |
6 | | municipality, or a county with a population under 100,000, |
7 | | where the closure of an electric generating unit or mine |
8 | | has been publicly announced or the electric generating |
9 | | unit or mine is in the process of closing or closed within |
10 | | the last 5 years; |
11 | | (3) persons who are graduates of or currently enrolled |
12 | | in the foster care system; or |
13 | | (4) persons who were formerly incarcerated. |
14 | | "Existing emissions" means: |
15 | | (1) for CO 2 e, the total average tons-per-year of CO 2 e |
16 | | emitted by the EGU or large GHG-emitting unit either in |
17 | | the years 2018 through 2020 or, if the unit was not yet in |
18 | | operation by January 1, 2018, in the first 3 full years of |
19 | | that unit's operation; and |
20 | | (2) for any copollutant, the total average |
21 | | tons-per-year of that copollutant emitted by the EGU or |
22 | | large GHG-emitting unit either in the years 2018 through |
23 | | 2020 or, if the unit was not yet in operation by January 1, |
24 | | 2018, in the first 3 full years of that unit's operation. |
25 | | "Green hydrogen" means a power plant technology in which |
26 | | an EGU creates electric power exclusively from electrolytic |
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1 | | hydrogen, in a manner that produces zero carbon and |
2 | | copollutant emissions, using hydrogen fuel that is |
3 | | electrolyzed using a 100% renewable zero carbon emission |
4 | | energy source. |
5 | | "Large greenhouse gas-emitting unit" or "large |
6 | | GHG-emitting unit" means a unit that is an electric generating |
7 | | unit or other fossil fuel-fired unit that itself has a |
8 | | nameplate capacity or serves a generator that has a nameplate |
9 | | capacity greater than 25 MWe and that produces electricity, |
10 | | including, but not limited to, coal-fired, coal-derived, |
11 | | oil-fired, natural gas-fired, and cogeneration units. |
12 | | "NO x emission rate" means the plant annual NO x total output |
13 | | emission rate as measured by the United States Environmental |
14 | | Protection Agency in its Emissions & Generation Resource |
15 | | Integrated Database (eGrid), or its successor, in the most |
16 | | recent year for which data is available. |
17 | | "Public greenhouse gas-emitting units" or "public |
18 | | GHG-emitting unit" means large greenhouse gas-emitting units, |
19 | | including EGUs, that are wholly owned, directly or indirectly, |
20 | | by one or more municipalities, municipal corporations, joint |
21 | | municipal electric power agencies, electric cooperatives, or |
22 | | other governmental or nonprofit entities, whether organized |
23 | | and created under the laws of Illinois or another state. |
24 | | "SO 2 emission rate" means the "plant annual SO 2 total |
25 | | output emission rate" as measured by the United States |
26 | | Environmental Protection Agency in its Emissions & Generation |
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1 | | Resource Integrated Database (eGrid), or its successor, in the |
2 | | most recent year for which data is available. |
3 | | (g) All EGUs and large greenhouse gas-emitting units that |
4 | | use coal or oil as a fuel and are not public GHG-emitting units |
5 | | shall permanently reduce all CO 2 e and copollutant emissions to |
6 | | zero no later than January 1, 2035 2030 . |
7 | | (h) All EGUs and large greenhouse gas-emitting units that |
8 | | use coal as a fuel and are public GHG-emitting units shall |
9 | | permanently reduce CO 2 e emissions to zero no later than |
10 | | December 31, 2050 2045 . Any source or plant with such units |
11 | | must also reduce their CO 2 e emissions by 45% from existing |
12 | | emissions by no later than January 1, 2040 2035 . If the |
13 | | emissions reduction requirement is not achieved by December |
14 | | 31, 2040 2035 , the plant shall retire one or more units or |
15 | | otherwise reduce its CO 2 e emissions by 45% from existing |
16 | | emissions by June 30, 2043 2038 . |
17 | | (i) All EGUs and large greenhouse gas-emitting units that |
18 | | use gas as a fuel and are not public GHG-emitting units shall |
19 | | permanently reduce all CO 2 e and copollutant emissions to zero, |
20 | | including through unit retirement or the use of 100% green |
21 | | hydrogen or other similar technology that is commercially |
22 | | proven to achieve zero carbon emissions, according to the |
23 | | following: |
24 | | (1) No later than January 1, 2035 2030 : all EGUs and |
25 | | large greenhouse gas-emitting units that have a NO x |
26 | | emissions rate of greater than 0.12 lbs/MWh or a SO 2 |
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1 | | emission rate of greater than 0.006 lb/MWh, and are |
2 | | located in or within 3 miles of an environmental justice |
3 | | community designated as of January 1, 2021 or an equity |
4 | | investment eligible community. |
5 | | (2) No later than January 1, 2045 2040 : all EGUs and |
6 | | large greenhouse gas-emitting units that have a NO x |
7 | | emission rate of greater than 0.12 lbs/MWh or a SO 2 |
8 | | emission rate greater than 0.006 lb/MWh, and are not |
9 | | located in or within 3 miles of an environmental justice |
10 | | community designated as of January 1, 2021 or an equity |
11 | | investment eligible community. After January 1, 2040 2035 , |
12 | | each such EGU and large greenhouse gas-emitting unit shall |
13 | | reduce its CO 2 e emissions by at least 50% from its existing |
14 | | emissions for CO 2 e, and shall be limited in operation to, |
15 | | on average, 6 hours or less per day, measured over a |
16 | | calendar year, and shall not run for more than 24 |
17 | | consecutive hours except in emergency conditions, as |
18 | | designated by a Regional Transmission Organization or |
19 | | Independent System Operator. |
20 | | (3) No later than January 1, 2040 2035 : all EGUs and |
21 | | large greenhouse gas-emitting units that began operation |
22 | | prior to September 15, 2021 (the effective date of Public |
23 | | Act 102-662), the effective date of this amendatory Act of |
24 | | the 102nd General Assembly and have a NO x emission rate of |
25 | | less than or equal to 0.12 lb/MWh and a SO 2 emission rate |
26 | | less than or equal to 0.006 lb/MWh, and are located in or |
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1 | | within 3 miles of an environmental justice community |
2 | | designated as of January 1, 2021 or an equity investment |
3 | | eligible community. Each such EGU and large greenhouse |
4 | | gas-emitting unit shall reduce its CO 2 e emissions by at |
5 | | least 50% from its existing emissions for CO 2 e no later |
6 | | than January 1, 2035 2030 . |
7 | | (4) No later than January 1, 2045 2040 : All remaining |
8 | | EGUs and large greenhouse gas-emitting units that have a |
9 | | heat rate greater than or equal to 7000 BTU/kWh. Each such |
10 | | EGU and Large greenhouse gas-emitting unit shall reduce |
11 | | its CO 2 e emissions by at least 50% from its existing |
12 | | emissions for CO 2 e no later than January 1, 2040 2035 . |
13 | | (5) No later than January 1, 2050 2045 : all remaining |
14 | | EGUs and large greenhouse gas-emitting units. |
15 | | (j) All EGUs and large greenhouse gas-emitting units that |
16 | | use gas as a fuel and are public GHG-emitting units shall |
17 | | permanently reduce all CO 2 e and copollutant emissions to zero, |
18 | | including through unit retirement or the use of 100% green |
19 | | hydrogen or other similar technology that is commercially |
20 | | proven to achieve zero carbon emissions by January 1, 2050 |
21 | | 2045 . |
22 | | (k) All EGUs and large greenhouse gas-emitting units that |
23 | | utilize combined heat and power or cogeneration technology |
24 | | shall permanently reduce all CO 2 e and copollutant emissions to |
25 | | zero, including through unit retirement or the use of 100% |
26 | | green hydrogen or other similar technology that is |
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1 | | commercially proven to achieve zero carbon emissions by |
2 | | January 1, 2050 2045 . |
3 | | (k-5) No EGU or large greenhouse gas-emitting unit that |
4 | | uses gas as a fuel and is not a public GHG-emitting unit may |
5 | | emit, in any 12-month period, CO 2 e or copollutants in excess of |
6 | | that unit's existing emissions for those pollutants. |
7 | | (l) Notwithstanding subsections (g) through (k-5), large |
8 | | GHG-emitting units including EGUs may temporarily continue |
9 | | emitting CO 2 e and copollutants after any applicable deadline |
10 | | specified in any of subsections (g) through (k-5) if it has |
11 | | been determined, as described in paragraphs (1) and (2) of |
12 | | this subsection, that ongoing operation of the EGU is |
13 | | necessary to maintain power grid supply and reliability or |
14 | | ongoing operation of large GHG-emitting unit that is not an |
15 | | EGU is necessary to serve as an emergency backup to |
16 | | operations. Up to and including the occurrence of an emission |
17 | | reduction deadline under subsection (i), all EGUs and large |
18 | | GHG-emitting units must comply with the following terms: |
19 | | (1) if an EGU or large GHG-emitting unit that is a |
20 | | participant in a regional transmission organization |
21 | | intends to retire, it must submit documentation to the |
22 | | appropriate regional transmission organization by the |
23 | | appropriate deadline that meets all applicable regulatory |
24 | | requirements necessary to obtain approval to permanently |
25 | | cease operating the large GHG-emitting unit; |
26 | | (2) if any EGU or large GHG-emitting unit that is a |
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1 | | participant in a regional transmission organization |
2 | | receives notice that the regional transmission |
3 | | organization has determined that continued operation of |
4 | | the unit is required, the unit may continue operating |
5 | | until the issue identified by the regional transmission |
6 | | organization is resolved. The owner or operator of the |
7 | | unit must cooperate with the regional transmission |
8 | | organization in resolving the issue and must reduce its |
9 | | emissions to zero, consistent with the requirements under |
10 | | subsection (g), (h), (i), (j), (k), or (k-5), as |
11 | | applicable, as soon as practicable when the issue |
12 | | identified by the regional transmission organization is |
13 | | resolved; and |
14 | | (3) any large GHG-emitting unit that is not a |
15 | | participant in a regional transmission organization shall |
16 | | be allowed to continue emitting CO 2 e and copollutants |
17 | | after the zero-emission date specified in subsection (g), |
18 | | (h), (i), (j), (k), or (k-5), as applicable, in the |
19 | | capacity of an emergency backup unit if approved by the |
20 | | Illinois Commerce Commission. |
21 | | (m) No variance, adjusted standard, or other regulatory |
22 | | relief otherwise available in this Act may be granted to the |
23 | | emissions reduction and elimination obligations in this |
24 | | Section. |
25 | | (n) By June 30 of each year, beginning in 2025, the Agency |
26 | | shall prepare and publish on its website a report setting |
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1 | | forth the actual greenhouse gas emissions from individual |
2 | | units and the aggregate statewide emissions from all units for |
3 | | the prior year. |
4 | | (o) Every 5 years beginning in 2025, the Environmental |
5 | | Protection Agency, Illinois Power Agency, and Illinois |
6 | | Commerce Commission shall jointly prepare, and release |
7 | | publicly, a report to the General Assembly that examines the |
8 | | State's current progress toward its renewable energy resource |
9 | | development goals, the status of CO 2 e and copollutant |
10 | | emissions reductions, the current status and progress toward |
11 | | developing and implementing green hydrogen technologies, the |
12 | | current and projected status of electric resource adequacy and |
13 | | reliability throughout the State for the period beginning 5 |
14 | | years ahead, and proposed solutions for any findings. The |
15 | | Environmental Protection Agency, Illinois Power Agency, and |
16 | | Illinois Commerce Commission shall consult PJM |
17 | | Interconnection, LLC and Midcontinent Independent System |
18 | | Operator, Inc., or their respective successor organizations |
19 | | regarding forecasted resource adequacy and reliability needs, |
20 | | anticipated new generation interconnection, new transmission |
21 | | development or upgrades, and any announced large GHG-emitting |
22 | | unit closure dates and include this information in the report. |
23 | | The report shall be released publicly by no later than |
24 | | December 15 of the year it is prepared. If the Environmental |
25 | | Protection Agency, Illinois Power Agency, and Illinois |
26 | | Commerce Commission jointly conclude in the report that the |
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1 | | data from the regional grid operators, the pace of renewable |
2 | | energy development, the pace of development of energy storage |
3 | | and demand response utilization, transmission capacity, and |
4 | | the CO 2 e and copollutant emissions reductions required by |
5 | | subsection (i) or (k-5) reasonably demonstrate that a resource |
6 | | adequacy shortfall will occur, including whether there will be |
7 | | sufficient in-state capacity to meet the zonal requirements of |
8 | | MISO Zone 4 or the PJM ComEd Zone, per the requirements of the |
9 | | regional transmission organizations, or that the regional |
10 | | transmission operators determine that a reliability violation |
11 | | will occur during the time frame the study is evaluating, then |
12 | | the Illinois Power Agency, in conjunction with the |
13 | | Environmental Protection Agency shall develop a plan to reduce |
14 | | or delay CO 2 e and copollutant emissions reductions |
15 | | requirements only to the extent and for the duration necessary |
16 | | to meet the resource adequacy and reliability needs of the |
17 | | State, including allowing any plants whose emission reduction |
18 | | deadline has been identified in the plan as creating a |
19 | | reliability concern to continue operating, including operating |
20 | | with reduced emissions or as emergency backup where |
21 | | appropriate. The plan shall also consider the use of renewable |
22 | | energy, energy storage, demand response, transmission |
23 | | development, or other strategies to resolve the identified |
24 | | resource adequacy shortfall or reliability violation. |
25 | | (1) In developing the plan, the Environmental |
26 | | Protection Agency and the Illinois Power Agency shall hold |
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1 | | at least one workshop open to, and accessible at a time and |
2 | | place convenient to, the public and shall consider any |
3 | | comments made by stakeholders or the public. Upon |
4 | | development of the plan, copies of the plan shall be |
5 | | posted and made publicly available on the Environmental |
6 | | Protection Agency's, the Illinois Power Agency's, and the |
7 | | Illinois Commerce Commission's websites. All interested |
8 | | parties shall have 60 days following the date of posting |
9 | | to provide comment to the Environmental Protection Agency |
10 | | and the Illinois Power Agency on the plan. All comments |
11 | | submitted to the Environmental Protection Agency and the |
12 | | Illinois Power Agency shall be encouraged to be specific, |
13 | | supported by data or other detailed analyses, and, if |
14 | | objecting to all or a portion of the plan, accompanied by |
15 | | specific alternative wording or proposals. All comments |
16 | | shall be posted on the Environmental Protection Agency's, |
17 | | the Illinois Power Agency's, and the Illinois Commerce |
18 | | Commission's websites. Within 30 days following the end of |
19 | | the 60-day review period, the Environmental Protection |
20 | | Agency and the Illinois Power Agency shall revise the plan |
21 | | as necessary based on the comments received and file its |
22 | | revised plan with the Illinois Commerce Commission for |
23 | | approval. |
24 | | (2) Within 60 days after the filing of the revised |
25 | | plan at the Illinois Commerce Commission, any person |
26 | | objecting to the plan shall file an objection with the |
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1 | | Illinois Commerce Commission. Within 30 days after the |
2 | | expiration of the comment period, the Illinois Commerce |
3 | | Commission shall determine whether an evidentiary hearing |
4 | | is necessary. The Illinois Commerce Commission shall also |
5 | | host 3 public hearings within 90 days after the plan is |
6 | | filed. Following the evidentiary and public hearings, the |
7 | | Illinois Commerce Commission shall enter its order |
8 | | approving or approving with modifications the reliability |
9 | | mitigation plan within 180 days. |
10 | | (3) The Illinois Commerce Commission shall only |
11 | | approve the plan if the Illinois Commerce Commission |
12 | | determines that it will resolve the resource adequacy or |
13 | | reliability deficiency identified in the reliability |
14 | | mitigation plan at the least amount of CO 2 e and copollutant |
15 | | emissions, taking into consideration the emissions impacts |
16 | | on environmental justice communities, and that it will |
17 | | ensure adequate, reliable, affordable, efficient, and |
18 | | environmentally sustainable electric service at the lowest |
19 | | total cost over time, taking into account the impact of |
20 | | increases in emissions. |
21 | | (4) If the resource adequacy or reliability deficiency |
22 | | identified in the reliability mitigation plan is resolved |
23 | | or reduced, the Environmental Protection Agency and the |
24 | | Illinois Power Agency may file an amended plan adjusting |
25 | | the reduction or delay in CO 2 e and copollutant emission |
26 | | reduction requirements identified in the plan. |