Full Text of HB3935 103rd General Assembly
HB3935 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3935 Introduced 2/17/2023, by Rep. Dave Severin SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/9.15 | | 415 ILCS 5/3.131 rep. | |
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Amends the Environmental Protection Act. Restores a provision in the Act concerning the regulation of greenhouse gases to its form prior to amendment by 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 |
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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 CO 2 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 "CO 2 e" 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 CO 2 e, the total average tons-per-year of CO 2 e | 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 | | "NO x emission rate" means the plant annual NO x 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 | | "SO 2 emission rate" means the "plant annual SO 2 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) All EGUs and large greenhouse gas-emitting units that | 7 | | use coal or oil as a fuel and are not public GHG-emitting units | 8 | | shall permanently reduce all CO 2 e and copollutant emissions to | 9 | | zero no later than January 1, 2030. | 10 | | (h) All EGUs and large greenhouse gas-emitting units that
| 11 | | use coal as a fuel and are public GHG-emitting units shall
| 12 | | permanently reduce CO 2 e emissions to
zero no later than | 13 | | December 31, 2045. Any source or plant with such units must | 14 | | also reduce their CO 2 e 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 CO 2 e emissions by 45% from existing emissions by June 30, | 19 | | 2038. | 20 | | (i) All EGUs and large greenhouse gas-emitting units that | 21 | | use gas as a fuel and are not public GHG-emitting units shall | 22 | | permanently reduce all CO 2 e and copollutant emissions to zero, | 23 | | including through unit retirement or the use of 100% green | 24 | | hydrogen or other similar technology that is commercially | 25 | | proven to achieve zero carbon emissions, according to the | 26 | | 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 NO x emissions | 3 | | rate of greater than 0.12 lbs/MWh or a SO 2 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 NO x emission | 10 | | rate of greater than 0.12 lbs/MWh or a SO 2 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 | | CO 2 e emissions by at least 50% from its existing emissions | 17 | | for CO 2 e, 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 NO x emission rate of less than | 26 | | or equal to 0.12 lb/MWh and a SO 2 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 CO 2 e emissions by at least 50% from | 6 | | its existing emissions for CO 2 e 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 | | CO 2 e emissions by at least 50% from its existing emissions | 13 | | for CO 2 e 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) All EGUs and large greenhouse gas-emitting units that | 17 | | use gas as a fuel and are public GHG-emitting units shall | 18 | | permanently reduce all CO 2 e and copollutant emissions to zero, | 19 | | including through unit retirement or the use of 100% green | 20 | | hydrogen or other similar technology that is commercially | 21 | | proven to achieve zero carbon emissions by January 1, 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, 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. |
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| 1 | | (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.) | 2 | | (415 ILCS 5/3.131 rep.) | 3 | | Section 10. The Environmental Protection Act is amended by | 4 | | repealing Section 3.131.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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