Illinois General Assembly - Full Text of SB1546
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1546  103rd General Assembly

SB1546 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1546

 

Introduced 2/8/2023, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
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.


LRB103 25508 CPF 51857 b

 

 

A BILL FOR

 

SB1546LRB103 25508 CPF 51857 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing 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
9required due to emissions of greenhouse gases if the
10equipment, site, or source is not subject to regulation, as
11defined by 40 CFR 52.21, as now or hereafter amended, for
12greenhouse gases. This exemption does or is otherwise not
13addressed in this Section or by the Board in regulations for
14greenhouse gases. These exemptions do not relieve an owner or
15operator from the obligation to comply with other applicable
16rules or regulations.
17    (b) An air pollution operating permit shall not be
18required due to emissions of greenhouse gases if the
19equipment, site, or source is not subject to regulation, as
20defined by Section 39.5 of this Act, for greenhouse gases.
21This exemption does or is otherwise not addressed in this
22Section or by the Board in regulations for greenhouse gases.
23These exemptions do not relieve an owner or operator from the

 

 

SB1546- 2 -LRB103 25508 CPF 51857 b

1obligation to comply with other applicable rules or
2regulations.
3    (c) Notwithstanding any provision to the contrary in this
4Section, an air pollution construction or operating permit
5shall not be required due to emissions of greenhouse gases if
6any 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
20from the obligation to comply with applicable rules or
21regulations other than those relating to greenhouse gases.
22    (d) If any event listed in subsection (c) of this Section
23occurs, permits issued after such event shall not impose
24permit terms or conditions addressing greenhouse gases during
25the effectiveness of any event listed in subsection (c).
26(Blank).

 

 

SB1546- 3 -LRB103 25508 CPF 51857 b

1    (e) If an event listed in subsection (c) of this Section
2occurs, any owner or operator with a permit that includes
3terms or conditions addressing greenhouse gases may elect to
4submit an application to the Agency to address a revision or
5repeal of such terms or conditions. The Agency shall
6expeditiously process such permit application in accordance
7with applicable laws and regulations. (Blank).
8    (f) (Blank). As used in this Section:
9    "Carbon dioxide emission" means the plant annual CO2 total
10output emission as measured by the United States Environmental
11Protection Agency in its Emissions & Generation Resource
12Integrated Database (eGrid), or its successor.
13    "Carbon dioxide equivalent emissions" or "CO2e" means the
14sum total of the mass amount of emissions in tons per year,
15calculated by multiplying the mass amount of each of the 6
16greenhouse gases specified in Section 3.207, in tons per year,
17by its associated global warming potential as set forth in 40
18CFR 98, subpart A, table A-1 or its successor, and then adding
19them all together.
20    "Cogeneration" or "combined heat and power" refers to any
21system that, either simultaneously or sequentially, produces
22electricity and useful thermal energy from a single fuel
23source.
24    "Copollutants" refers to the 6 criteria pollutants that
25have been identified by the United States Environmental
26Protection Agency pursuant to the Clean Air Act.

 

 

SB1546- 4 -LRB103 25508 CPF 51857 b

1    "Electric generating unit" or "EGU" means a fossil
2fuel-fired stationary boiler, combustion turbine, or combined
3cycle system that serves a generator that has a nameplate
4capacity greater than 25 MWe and produces electricity for
5sale.
6    "Environmental justice community" means the definition of
7that term based on existing methodologies and findings, used
8and as may be updated by the Illinois Power Agency and its
9program administrator in the Illinois Solar for All Program.
10    "Equity investment eligible community" or "eligible
11community" means the geographic areas throughout Illinois that
12would most benefit from equitable investments by the State
13designed to combat discrimination and foster sustainable
14economic growth. Specifically, eligible community means the
15following 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.

 

 

SB1546- 5 -LRB103 25508 CPF 51857 b

1    "Equity investment eligible person" or "eligible person"
2means the persons who would most benefit from equitable
3investments by the State designed to combat discrimination and
4foster sustainable economic growth. Specifically, eligible
5person 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,

 

 

SB1546- 6 -LRB103 25508 CPF 51857 b

1    2018, in the first 3 full years of that unit's operation.
2    "Green hydrogen" means a power plant technology in which
3an EGU creates electric power exclusively from electrolytic
4hydrogen, in a manner that produces zero carbon and
5copollutant emissions, using hydrogen fuel that is
6electrolyzed using a 100% renewable zero carbon emission
7energy source.
8    "Large greenhouse gas-emitting unit" or "large
9GHG-emitting unit" means a unit that is an electric generating
10unit or other fossil fuel-fired unit that itself has a
11nameplate capacity or serves a generator that has a nameplate
12capacity greater than 25 MWe and that produces electricity,
13including, but not limited to, coal-fired, coal-derived,
14oil-fired, natural gas-fired, and cogeneration units.
15    "NOx emission rate" means the plant annual NOx total output
16emission rate as measured by the United States Environmental
17Protection Agency in its Emissions & Generation Resource
18Integrated Database (eGrid), or its successor, in the most
19recent year for which data is available.
20    "Public greenhouse gas-emitting units" or "public
21GHG-emitting unit" means large greenhouse gas-emitting units,
22including EGUs, that are wholly owned, directly or indirectly,
23by one or more municipalities, municipal corporations, joint
24municipal electric power agencies, electric cooperatives, or
25other governmental or nonprofit entities, whether organized
26and created under the laws of Illinois or another state.

 

 

SB1546- 7 -LRB103 25508 CPF 51857 b

1    "SO2 emission rate" means the "plant annual SO2 total
2output emission rate" as measured by the United States
3Environmental Protection Agency in its Emissions & Generation
4Resource Integrated Database (eGrid), or its successor, in the
5most recent year for which data is available.
6    (g) (Blank). All EGUs and large greenhouse gas-emitting
7units that use coal or oil as a fuel and are not public
8GHG-emitting units shall permanently reduce all CO2e and
9copollutant emissions to zero no later than January 1, 2030.
10    (h) (Blank). All EGUs and large greenhouse gas-emitting
11units that use coal as a fuel and are public GHG-emitting units
12shall permanently reduce CO2e emissions to zero no later than
13December 31, 2045. Any source or plant with such units must
14also reduce their CO2e emissions by 45% from existing
15emissions by no later than January 1, 2035. If the emissions
16reduction requirement is not achieved by December 31, 2035,
17the plant shall retire one or more units or otherwise reduce
18its CO2e emissions by 45% from existing emissions by June 30,
192038.
20    (i) (Blank). All EGUs and large greenhouse gas-emitting
21units that use gas as a fuel and are not public GHG-emitting
22units shall permanently reduce all CO2e and copollutant
23emissions to zero, including through unit retirement or the
24use of 100% green hydrogen or other similar technology that is
25commercially proven to achieve zero carbon emissions,
26according to the following:

 

 

SB1546- 8 -LRB103 25508 CPF 51857 b

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

 

 

SB1546- 9 -LRB103 25508 CPF 51857 b

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
17units that use gas as a fuel and are public GHG-emitting units
18shall permanently reduce all CO2e and copollutant emissions to
19zero, including through unit retirement or the use of 100%
20green hydrogen or other similar technology that is
21commercially proven to achieve zero carbon emissions by
22January 1, 2045.
23    (k) (Blank). All EGUs and large greenhouse gas-emitting
24units that utilize combined heat and power or cogeneration
25technology shall permanently reduce all CO2e and copollutant
26emissions to zero, including through unit retirement or the

 

 

SB1546- 10 -LRB103 25508 CPF 51857 b

1use of 100% green hydrogen or other similar technology that is
2commercially proven to achieve zero carbon emissions by
3January 1, 2045.
4    (k-5) (Blank). No EGU or large greenhouse gas-emitting
5unit that uses gas as a fuel and is not a public GHG-emitting
6unit may emit, in any 12-month period, CO2e or copollutants in
7excess 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
10continue emitting CO2e and copollutants after any applicable
11deadline specified in any of subsections (g) through (k-5) if
12it has been determined, as described in paragraphs (1) and (2)
13of this subsection, that ongoing operation of the EGU is
14necessary to maintain power grid supply and reliability or
15ongoing operation of large GHG-emitting unit that is not an
16EGU is necessary to serve as an emergency backup to
17operations. Up to and including the occurrence of an emission
18reduction deadline under subsection (i), all EGUs and large
19GHG-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;

 

 

SB1546- 11 -LRB103 25508 CPF 51857 b

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
23regulatory relief otherwise available in this Act may be
24granted to the emissions reduction and elimination obligations
25in this Section.
26    (n) (Blank). By June 30 of each year, beginning in 2025,

 

 

SB1546- 12 -LRB103 25508 CPF 51857 b

1the Agency shall prepare and publish on its website a report
2setting forth the actual greenhouse gas emissions from
3individual units and the aggregate statewide emissions from
4all units for the prior year.
5    (o) (Blank). Every 5 years beginning in 2025, the
6Environmental Protection Agency, Illinois Power Agency, and
7Illinois Commerce Commission shall jointly prepare, and
8release publicly, a report to the General Assembly that
9examines the State's current progress toward its renewable
10energy resource development goals, the status of CO2e and
11copollutant emissions reductions, the current status and
12progress toward developing and implementing green hydrogen
13technologies, the current and projected status of electric
14resource adequacy and reliability throughout the State for the
15period beginning 5 years ahead, and proposed solutions for any
16findings. The Environmental Protection Agency, Illinois Power
17Agency, and Illinois Commerce Commission shall consult PJM
18Interconnection, LLC and Midcontinent Independent System
19Operator, Inc., or their respective successor organizations
20regarding forecasted resource adequacy and reliability needs,
21anticipated new generation interconnection, new transmission
22development or upgrades, and any announced large GHG-emitting
23unit closure dates and include this information in the report.
24The report shall be released publicly by no later than
25December 15 of the year it is prepared. If the Environmental
26Protection Agency, Illinois Power Agency, and Illinois

 

 

SB1546- 13 -LRB103 25508 CPF 51857 b

1Commerce Commission jointly conclude in the report that the
2data from the regional grid operators, the pace of renewable
3energy development, the pace of development of energy storage
4and demand response utilization, transmission capacity, and
5the CO2e and copollutant emissions reductions required by
6subsection (i) or (k-5) reasonably demonstrate that a resource
7adequacy shortfall will occur, including whether there will be
8sufficient in-state capacity to meet the zonal requirements of
9MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
10regional transmission organizations, or that the regional
11transmission operators determine that a reliability violation
12will occur during the time frame the study is evaluating, then
13the Illinois Power Agency, in conjunction with the
14Environmental Protection Agency shall develop a plan to reduce
15or delay CO2e and copollutant emissions reductions
16requirements only to the extent and for the duration necessary
17to meet the resource adequacy and reliability needs of the
18State, including allowing any plants whose emission reduction
19deadline has been identified in the plan as creating a
20reliability concern to continue operating, including operating
21with reduced emissions or as emergency backup where
22appropriate. The plan shall also consider the use of renewable
23energy, energy storage, demand response, transmission
24development, or other strategies to resolve the identified
25resource adequacy shortfall or reliability violation.
26        (1) In developing the plan, the Environmental

 

 

SB1546- 14 -LRB103 25508 CPF 51857 b

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

 

 

SB1546- 15 -LRB103 25508 CPF 51857 b

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

 

 

SB1546- 16 -LRB103 25508 CPF 51857 b

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
5repealing Section 3.131.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.