Illinois General Assembly - Full Text of HB5825
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Full Text of HB5825  103rd General Assembly

HB5825 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5825

 

Introduced 4/30/2024, by Rep. Mary Beth Canty

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2705/2705-204 new
415 ILCS 5/9.15

    Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the amendatory Act may be referred to as the Transportation Choices Act. Requires, by January 1, 2026, the Environmental Protection Agency, after consultation with the Department of Transportation and Metropolitan Planning Organizations (MPOs), to establish a schedule of greenhouse gas targets for greenhouse gas emissions from the transportation sector in the State. Requires the Department and MPOs to conduct a greenhouse gas emissions analysis and determine if their applicable planning document will result in meeting their greenhouse gas targets. Requires the Department and MPOs to perform a greenhouse gas emissions analysis prior to including a roadway capacity expansion project in an applicable planning document. Requires, by January 1, 2028 and every 3 years thereafter, the Department to prepare a comprehensive report on statewide transportation greenhouse gas reduction accomplishments and challenges and to make recommendations for any legislative action that would assist the Department and MPOs in meeting their greenhouse gas targets. Requires the Department and MPOs to calculate a climate equity accessibility score prior to including any project that has an anticipated cost of $30,000,000 or more in an applicable planning document or as a greenhouse gas mitigation measure. Requires the Department and MPOs to provide early and continuous opportunities for public participation in the transportation planning process. Requires, beginning June 30, 2025, the Department and MPOs to establish a social cost of carbon and use the social cost of carbon in their planning documents and planning activities. Establishes the Greenhouse Gas in Transportation Working Group. Provides that the specified requirements of the provisions shall commence with projects included in applicable planning documents filed on or after January 1, 2027. Makes other changes. Amends the Environmental Protection Act. Directs the Environmental Protection Agency to calculate a social cost of carbon and makes other changes.


LRB103 40299 LNS 72374 b

 

 

A BILL FOR

 

HB5825LRB103 40299 LNS 72374 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 1. References to Act. This Act may be referred to
5as the Transportation Choices Act.
 
6    Section 5. The Department of Transportation Law of the
7Civil Administrative Code of Illinois is amended by adding
8Section 2705-204 as follows:
 
9    (20 ILCS 2705/2705-204 new)
10    Sec. 2705-204. Transportation planning and greenhouse gas
11reduction.
12    (a) The General Assembly finds that:
13        (1) Article XI of the Illinois Constitution provides
14    that the public policy of the State and the duty of each
15    person is to provide and maintain a healthful environment
16    for the benefit of this and future generations.
17        (2) The transportation sector is now the largest
18    source of greenhouse gas emissions in the State.
19        (3) The State has previously set a goal to have an
20    electric power sector that is free of greenhouse gas
21    emissions by 2045.
22        (4) Greenhouse gas pollution resulting from the

 

 

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1    production, distribution, and use of motor vehicle fuels
2    produces many social costs, including, but not limited to,
3    adverse public health impacts, increased heat waves,
4    droughts, water supply shortages, flooding, biodiversity
5    loss, and forest health issues, such as forest fires.
6        (5) The Illinois State Climatologist is projecting
7    that, by the end of the 21st Century, average daily
8    temperatures in the State will increase between 4 and 9
9    degrees Fahrenheit under a lower emissions scenario and
10    between 8 and 14 degrees Fahrenheit under a higher
11    emissions scenario.
12        (6) Climate change of such speed and magnitude will
13    result in heat stress on animals, plants, and workers;
14    reduced crop yields from short-term and rapid-onset
15    drought; increased pestilence; and other challenges that
16    will adversely affect the State's agriculture sector.
17        (7) Increases in flooding, heat, and other factors
18    associated with climate change will stress the State's
19    transportation infrastructure, such as bridges and
20    roadways in low-lying areas, and will require more
21    resources to maintain roadways and other transportation
22    infrastructure.
23        (8) State investment in a clean transportation economy
24    in the State can expand equitable access to public health,
25    safety, a cleaner environment, quality jobs, and economic
26    opportunity.

 

 

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1        (9) It is the public policy of the State to ensure that
2    State residents from communities disproportionately
3    impacted by climate change, communities facing automotive
4    plant closures, economically disadvantaged communities,
5    and individuals experiencing barriers to employment have
6    access to State programs and good jobs and career
7    opportunities in growing sectors of the State economy.
8        (10) To minimize any adverse environmental and health
9    impacts of planned transportation projects and to address
10    inequitable distribution of the burdens of those projects,
11    it is necessary, appropriate, and in the best interests of
12    the State and its citizens to require the Department and
13    MPOs, which are the State's primary transportation
14    planning entities with responsibility for selecting and
15    funding transportation projects, to engage in an enhanced
16    level of planning, modeling, and other analysis, community
17    engagement, and monitoring with respect to those projects
18    as required by this Section.
19        (11) Subsection (a) of Section 15 of the Regional
20    Planning Act provides that the Chicago Metropolitan Agency
21    for Planning, whose Policy Committee is the MPO for
22    Northeastern Illinois, shall be responsible for developing
23    and adopting a funding and implementation strategy for an
24    integrated land use and transportation planning process.
25        (12) Section 48 of the Regional Planning Act provides
26    that the Chicago Metropolitan Agency for Planning shall

 

 

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1    establish an incentive program to enable local governments
2    and developers to create more affordable workforce housing
3    options near jobs and transit, create jobs near existing
4    affordable workforce housing, create transit-oriented
5    development, integrate transportation and land use
6    planning, provide a range of viable transportation choices
7    in addition to the car, encourage compact and mixed-use
8    development, and support neighborhood revitalization.
9        (13) Paragraph (1) of subsection (a) of Section 5303
10    of Title 49 of the United States Code (49 U.S.C.
11    5303(a)(1)) provides, in relevant part, that it is in the
12    national interest to better connect housing and
13    employment, while minimizing transportation-related fuel
14    consumption and air pollution through metropolitan and
15    statewide transportation planning processes.
16        (14) Subparagraph (A) of paragraph (4) of subsection
17    (k) of Section 5303 of Title 49 of the United States Code
18    (49 U.S.C. 5303(k)(4)(A)) provides that MPOs serving
19    transportation management areas may address the
20    integration of housing, transportation, and economic
21    development strategies through a process that provides for
22    effective integration, based on a cooperatively developed
23    and implemented strategy, of new and existing
24    transportation facilities eligible for funding.
25        (15) Subparagraph (C) of paragraph (4) of subsection
26    (k) of Section 5303 of Title 49 of the United States Code

 

 

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1    (49 U.S.C. 5303(k)(4)(C)) provides that MPOs serving
2    transportation management areas may develop a housing
3    coordination plan that includes projects and strategies
4    that may be considered in the metropolitan transportation
5    plan of the MPO to develop regional goals for the
6    integration of housing, transportation, and economic
7    development strategies.
8        (16) Land use policies and practices that result in
9    shorter distances between where people reside and jobs and
10    other destinations they seek to access and that facilitate
11    multimodal transportation options for the public are one
12    of the most effective tools to reduce greenhouse gas
13    emissions from the transportation sector and provide more
14    affordable transportation options.
15        (17) Transportation is the second-largest expense
16    category for most households and the cost of owning,
17    operating, and maintaining personal vehicles is a
18    significant burden for many households.
19        (18) Reducing vehicle miles traveled per person
20    through more efficient land use and transportation systems
21    will help the State achieve its greenhouse gas reduction
22    goals and reduce the transportation cost burden on State
23    households.
24        (19) To the maximum extent practicable, actions taken
25    to achieve these goals must avoid causing disproportionate
26    adverse impacts to residents of communities that are or

 

 

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1    have been disproportionately exposed to pollution
2    affecting human health and environmental quality.
3    (b) As used in this Section:
4    "Applicable planning document" means an MPO's Regional
5Transportation Plan or the Department's Long-Range State
6Transportation Plan. "Applicable planning document" includes
7amendments to such plans that add capacity expansion projects
8or other projects resulting in a net increase in GHG
9emissions.
10    "Climate equity accessibility score" means a measurement
11of the impact of certain transportation projects on (i) GHG
12emissions, (ii) the accessibility of jobs and other
13destinations to people residing in the project area, and (iii)
14the affordability of transportation.
15    "CO2e" means the number of metric tons of carbon dioxide
16emissions with the same global warming potential as one metric
17ton of another greenhouse gas, is calculated using Equation
18A-1 in 40 CFR 98.2, and allows for the comparison of emissions
19of various different greenhouse gases with different global
20warming potentials and the calculation of the relative impact
21of the emissions on the environment over a standard time
22period.
23    "Disproportionately impacted community" means the
24residents within a census block group in which, according to
25the most recent federal decennial census, more than 40% of the
26households are low-income households, more than 40% of the

 

 

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1households identify as minority households, or more than 40%
2of the households are housing cost-burdened, as defined by the
3United States Census Bureau.
4    "Greenhouse gas emissions" or "GHG emissions" means
5emissions of carbon dioxide, methane, nitrous oxide,
6hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride,
7and sulfur hexafluoride.
8    "Greenhouse gas emissions analysis" or "GHG emissions
9analysis" means the analysis of the GHG emissions calculated
10as being generated by the projects and programs contained in
11an applicable planning document.
12    "Greenhouse gas mitigation measure" or "GHG mitigation
13measure" means a project, program, or policy established by
14the Environmental Protection Agency by rule under subparagraph
15(G) of paragraph (3) of subsection (c) that can reasonably be
16expected to result in a quantifiable reduction in GHG
17emissions and that would not be undertaken absent the need by
18the Department or an MPO to reduce GHG emissions to meet their
19greenhouse gas targets. "Greenhouse gas mitigation measure" or
20"GHG mitigation measure" does not include a roadway capacity
21expansion project. "Greenhouse gas mitigation measure" or "GHG
22mitigation measure" includes:
23        (1) the addition of transit and other mobility
24    resources, including, but not limited to, shared bicycle
25    and scooter service, in a manner that will reduce VMT;
26        (2) improving pedestrian and bicycle access,

 

 

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1    particularly in areas that allow individuals to reduce
2    multiple daily trips and better access transit;
3        (3) transportation demand management to reduce VMT per
4    capita, including, but not limited to, vanpool and shared
5    vehicle programs, remote work and other forms of virtual
6    access, and use of pricing and other incentives for
7    employees and other travelers to use less greenhouse gas
8    intensive travel modes;
9        (4) improving first-and-final mile access to transit
10    stops and stations to make transit safer and more usable;
11        (5) improving the safety, efficiency, and Americans
12    with Disabilities Act compliance of crosswalks and
13    multiuse paths for pedestrians, bicyclists, and other
14    nonmotorized vehicles;
15        (6) changing parking and land use policies and
16    adjusting urban design requirements to encourage more
17    walking, bicycling, and transit trips per capita and
18    reduce VMT per capita;
19        (7) adoption or expansion of school bus, school
20    carpool, or school active transportation programs;
21        (8) electrifying loading docks to allow transportation
22    refrigeration units and auxiliary power units to be
23    plugged into the electric grid at the loading dock instead
24    of running on fossil fuels;
25        (9) accelerating the adoption of ebikes, neighborhood
26    electric carshare vehicles, and other forms of vehicles

 

 

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1    that emit less greenhouse gas when manufactured and
2    operated; and
3        (10) other measures established or authorized by the
4    Environmental Protection Agency by rule that reduce GHG
5    emissions.
6    "Greenhouse gas target" or "GHG target" means the maximum
7amount of greenhouse gas expressed as CO2e at each of the
8various specified times established by subsection (c) that the
9Department and MPOs must attain through their transportation
10planning and project prioritization and funding processes.
11    "Induced demand" means a concept from economics that as
12supply increases and incurred costs decline, demand will
13increase. This phenomenon has been widely observed and studied
14in transportation systems where highways have been expanded to
15alleviate road congestion problems, resulting in increases in
16vehicle miles traveled.
17    "MPO" means a metropolitan planning organization
18designated by agreement among the units of local government
19and the Governor, charged with developing transportation plans
20and programs in a metropolitan planning area under Section 134
21of Title 23 of the United States Code.
22    "Mitigation action plan" means the plan for implementation
23of GHG mitigation measures prepared by the Department or an
24MPO.
25    "Other entities" means the entities referenced in
26subsection (s).

 

 

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1    "Roadway capacity expansion project" means a project that
2would be included in the Department's State Transportation
3Improvement Program as an MPO or significant project and that
4(i) adds physical highway traffic capacity or provides for
5grade separation at an intersection or (ii) uses intelligent
6transportation system technology to increase the traffic
7capacity of an existing highway by 10% or more. "Roadway
8capacity expansion project" does not include a project whose
9primary purpose is enhancing public transportation bus
10infrastructure or services. "Roadway capacity expansion
11project" includes all project types, including those described
12as maintenance or rehabilitation projects.
13    "Social cost of carbon" means the estimates of the social
14cost of carbon adopted by the United States Environmental
15Protection Agency, or such higher figure as adopted by the
16Environmental Protection Agency, Department, or MPO under
17subsection (o).
18    "STIP" means a State Transportation Improvement Program.
19    "TIP" means a Transportation Improvement Program.
20    "VMT" means vehicle miles traveled.
21    (c) By January 1, 2026, the Environmental Protection
22Agency, after consultation with the Department and MPOs, must
23establish, by rule, a schedule of GHG targets for GHG
24emissions from the transportation sector in the State that:
25        (1) do not allow GHG emissions in the transportation
26    sector to exceed the greenhouse gas performance targets

 

 

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1    established by the Environmental Protection Agency for the
2    transportation sector under subsection (p) of Section 9.15
3    of the Environmental Protection Act;
4        (2) specify GHG targets on a 5-year or more frequent
5    compliance year basis; and
6        (3) allocate GHG targets across the transportation
7    sector of the State, which:
8            (A) must provide for an allocation to each MPO for
9        their metropolitan region;
10            (B) must provide for an allocation to the
11        Department for areas outside the boundaries of the
12        State's MPOs;
13            (C) must account for the differences in the
14        feasibility and extent of emissions reductions across
15        forms of land use and across regions of the State;
16            (D) must require that the Department and MPOs
17        factor in the impact of induced demand associated with
18        transportation projects and policies in calculating
19        the GHG emissions generated by their respective
20        transportation systems;
21            (E) must be based on the best available data and
22        modeling tools accessible to the Environmental
23        Protection Agency, such as the SHIFT calculator, after
24        consultation with other State agencies, universities,
25        the federal government, and other appropriate expert
26        sources;

 

 

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1            (F) must include VMT targets necessary for the
2        Department and MPOs to meet their GHG targets;
3            (G) must set out standards and requirements for
4        acceptable GHG mitigation measures; and
5            (H) may include additional performance targets
6        based on Department district, metropolitan area,
7        geographic region, a per capita calculation,
8        transportation mode, or a combination thereof.
9    (d) When adopting or amending an applicable planning
10document, the Department and an MPO must conduct a GHG
11emissions analysis that:
12        (1) includes (i) the existing transportation network,
13    (ii) the anticipated changes to that network as a result
14    of the projects contained in the applicable planning
15    document, and (iii) the projects in their STIP or TIP;
16        (2) estimates total CO2e emissions in millions of
17    metric tons for each applicable GHG target date
18    established under subsection (c);
19        (3) compares estimated total CO2e emissions against
20    the GHG targets applicable to the Department or MPO;
21        (4) compares the social cost of carbon for total
22    estimated CO2e emissions against the social cost of carbon
23    associated with each applicable GHG target;
24        (5) certifies whether the Department or MPO is in
25    compliance with its applicable GHG targets; and
26        (6) is published in full on the websites of the

 

 

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1    Department or MPO.
2    (e) The Department, with assistance from the Environmental
3Protection Agency, shall:
4        (1) provide technical assistance to MPOs in fulfilling
5    their responsibilities under this Section, including:
6            (A) assembling and sharing greenhouse gas-related
7        resources and transportation sector best practices in
8        managing GHG emissions;
9            (B) hosting peer reviews and exchanges of
10        technical data, information, assistance, and related
11        activities;
12            (C) making Department staff resources accessible
13        to answer questions and provide in-depth assistance to
14        MPOs on specific issues;
15            (D) providing information about grants and other
16        funding opportunities;
17            (E) conducting evaluations of GHG emissions
18        analyses against national best practices;
19            (F) connecting MPOs to resources in public
20        agencies, universities, and elsewhere; and
21            (H) conducting other similar and related
22        activities to assist MPOs in fulfilling their
23        responsibilities;
24        (2) encourage use of consistent GHG emissions data,
25    assumptions, and methodology by the Department and MPOs;
26        (3) ensure that its planning processes under Sections

 

 

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1    2705-200, 2705-203, and 2705-205 and its guidance to MPOs
2    under this subsection provide that at least the same level
3    of analytical scrutiny is given to greenhouse gas
4    pollutants as is given to other air pollutants of concern
5    in the State, and include consideration of the impact on
6    GHG emissions of induced demand resulting from roadway
7    capacity expansion projects;
8        (4) update its Metropolitan Planning Organization
9    Cooperative Operations Manual, as necessary;
10        (5) review the GHG emissions analysis used by each MPO
11    to determine if the GHG emissions analysis is inclusive of
12    the complete, actual, and planned transportation network
13    in the applicable planning document and uses reasonable
14    GHG emissions forecasting data, assumptions, modeling, and
15    methodology:
16            (A) if the Department rejects the GHG emissions
17        analysis used by an MPO, the Department shall detail
18        the deficiencies and give the MPO an opportunity to
19        take corrective action;
20            (B) until the MPO takes appropriate corrective
21        action, the Department shall not approve the MPO's
22        applicable planning document, include the projects in
23        the MPO's applicable planning document in the
24        Department's STIP, or make a finding or otherwise
25        represent to the federal government or other
26        governmental agencies that the MPO is in compliance

 

 

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1        with its legal obligations;
2            (C) if, after given an opportunity for corrective
3        action, an MPO does not submit an acceptable GHG
4        emissions analysis, the Department may substitute its
5        own GHG emissions analysis for planning and
6        programming purposes until the MPO produces an
7        acceptable GHG emissions analysis; and
8            (D) the Department shall establish an appropriate
9        process, including deadlines for timely completion of
10        its review of MPO GHG emissions analyses and for
11        corrective action by MPOs where such is necessary;
12        (6) upon request of an MPO, provide the MPO with a GHG
13    emissions analysis that the MPO can use for purposes of
14    this Section in lieu of the MPO conducting its own GHG
15    emissions analysis; and
16        (7) adopt rules applicable to itself, MPOs, and
17    recipients of Department funding so the State can achieve
18    the transportation sector greenhouse gas emissions
19    reduction goals and targets set forth in subsections (c)
20    and (p) of Section 9.15 of the Environmental Protection
21    Act and administer the various processes and requirements
22    set forth in this Section.
23    (f) The Department and each MPO must use a GHG emissions
24analysis to determine if their applicable planning document
25will result in the Department or MPO meeting its GHG targets.
26If a GHG emissions analysis determines that the Department or

 

 

HB5825- 16 -LRB103 40299 LNS 72374 b

1MPO is more likely than not to fail to meet one or more of its
2GHG targets, then the Department or MPO shall identify GHG
3mitigation measures that are needed for the Department or MPO
4to meet its GHG targets as follows:
5        (1) The Department or MPO shall submit a mitigation
6    action plan that identifies GHG mitigation measures needed
7    to meet the GHG targets and that includes:
8            (A) the anticipated start and completion date of
9        each GHG mitigation measure;
10            (B) an estimate of the annual CO2e emissions
11        reductions achieved per year by the GHG mitigation
12        measure;
13            (C) an estimate of the impact of the GHG
14        mitigation measure on VMT;
15            (D) quantification of the specific co-benefits
16        from each GHG mitigation measure, including reduction
17        of copollutants, such as PM2.5 and NOx, as well as
18        travel impacts, such as changes to VMT, pedestrian or
19        bike use, and transit ridership;
20            (E) a description of any benefits to
21        disproportionately impacted communities from the GHG
22        mitigation measure, including an estimate of the total
23        amount spent on GHG mitigation measures in or designed
24        to serve disproportionately impacted communities; and
25            (F) a status report submitted annually and
26        published on its website for each GHG mitigation

 

 

HB5825- 17 -LRB103 40299 LNS 72374 b

1        measure that contains the following information
2        concerning each GHG mitigation measure:
3                (i) availability and timing of funding;
4                (ii) implementation timeline;
5                (iii) current status;
6                (iv) for GHG mitigation measures that are in
7            progress or completed, quantification of the
8            greenhouse gas impact of such GHG mitigation
9            measures and any co-benefits or detriments; and
10                (v) for GHG mitigation measures that are
11            delayed, canceled, or substituted, an explanation
12            of why that decision was made and how these GHG
13            mitigation measures or the equivalent will be
14            achieved.
15        (2) GHG mitigation measures are sufficient if the
16    total GHG emissions reduction from the GHG mitigation
17    measures, after accounting for the GHG emissions otherwise
18    resulting from existing and planned projects in the
19    applicable planning document, results in the Department or
20    MPO meeting its GHG targets. Each comparison of GHG
21    emissions reductions and GHG targets under this subsection
22    must be performed over equal comparison periods.
23        (3) In the annual GHG mitigation measures status
24    report under subparagraph (F) of paragraph (1), the
25    Department or MPO shall certify whether its GHG mitigation
26    measures will be sufficient for the Department or MPO to

 

 

HB5825- 18 -LRB103 40299 LNS 72374 b

1    meet its GHG targets.
2    (g) If an applicable planning document does not meet the
3GHG targets for each compliance year even after consideration
4of any GHG mitigation measures, the Department may deem the
5applicable planning document in compliance with this Section
6and approved only if the noncompliant Department or MPO
7allocates funding to advance the achievement of the applicable
8GHG targets as follows:
9        (1) in non-MPO areas, the Department (i) shall not
10    advance a roadway capacity expansion project from its
11    applicable planning document to a STIP or TIP, (ii) shall
12    not otherwise add a roadway capacity expansion project to
13    a STIP or TIP, (iii) shall reprogram funds allocated or
14    anticipated to be expended on roadway capacity expansion
15    projects awaiting inclusion in a STIP or TIP project to
16    GHG mitigation measures that reduce GHG emissions
17    sufficiently to achieve the GHG targets for each
18    compliance year, and (iv) shall amend its applicable
19    planning documents to reflect these changes;
20        (2) in MPO areas that are not in receipt of federal
21    suballocations under the Congestion Mitigation and Air
22    Quality Improvement Program or Surface Transportation
23    Board programs, the Department and MPO (i) shall not
24    advance a roadway capacity expansion project from its
25    applicable planning document to a STIP or TIP, (ii) shall
26    not otherwise add a roadway capacity expansion project to

 

 

HB5825- 19 -LRB103 40299 LNS 72374 b

1    a STIP or TIP, (iii) shall reprogram funds allocated or
2    anticipated to be expended on roadway capacity expansion
3    projects awaiting inclusion in a STIP or TIP project to
4    GHG mitigation measures that reduce GHG emissions
5    sufficiently to achieve the GHG targets for each
6    compliance year, and (iv) shall amend its applicable
7    planning documents to reflect these changes;
8        (3) in MPO areas that are in receipt of federal
9    suballocations under the Congestion Mitigation and Air
10    Quality Improve Program or Surface Transportation Board
11    programs, the Department and MPO (i) shall not advance a
12    roadway capacity expansion project from its applicable
13    planning document to a STIP or TIP, (ii) shall not
14    otherwise add a roadway capacity expansion project to a
15    STIP or TIP, (iii) shall reprogram funds allocated or
16    anticipated to be expended on roadway capacity expansion
17    projects awaiting inclusion in a STIP or TIP project to
18    GHG mitigation measures that reduce GHG emissions
19    sufficiently to achieve the GHG targets for each
20    compliance year, and (iv) shall amend its applicable
21    planning documents to reflect these changes; and
22        (4) the Department and MPOs shall administer
23    paragraphs (1) through (3) as a limitation on their
24    authority to advance roadway capacity expansion projects
25    or other projects that will materially increase GHG
26    emissions under paragraph (5) of subsection (k) of Section

 

 

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1    5303 of Title 49 of the United States Code (49 U.S.C.
2    5303(k)(5)).
3    (h) Before including a roadway capacity expansion project
4in an applicable planning document, the Department or MPO must
5perform a GHG emissions analysis of the roadway capacity
6expansion project. Following the GHG emissions analysis, the
7Department or MPO must determine if, after consideration of
8all relevant factors, including VMT and social cost of carbon
9increases in the transportation network resulting from induced
10demand, the project conforms with (i) the applicable GHG
11targets and (ii) VMT targets established under subsection (c).
12        (1) If the Department or MPO determines that the
13    roadway capacity expansion project is not in conformance
14    with items (i) and (ii), the Department or MPO must:
15            (A) alter the scope or design of the roadway
16        capacity expansion project and perform a GHG emissions
17        analysis that shows that the roadway capacity
18        expansion project meets the requirements of items (i)
19        and (ii);
20            (B) incorporate sufficient GHG mitigation measures
21        to bring the Department or MPO into compliance with
22        its GHG targets, however, in order to be effective,
23        such GHG mitigation measures must be implemented no
24        later than contemporaneously with the implementation
25        of the roadway expansion project or, if not
26        implemented contemporaneously, a GHG mitigation

 

 

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1        measure must provide a valid GHG emissions reduction
2        after the date it is implemented; or
3            (C) halt development of the roadway capacity
4        expansion project and remove the roadway capacity
5        expansion project from all applicable planning
6        documents.
7        (2) The Department and MPOs must establish a process
8    for performing roadway capacity expansion project GHG
9    emissions analysis. A GHG emissions analysis for a roadway
10    capacity expansion project must include, but shall not be
11    limited to, estimates resulting from the project for the
12    following:
13            (A) GHG emissions over a period of 20 years or the
14        last GHG target year, whichever is later;
15            (B) a net change in VMT and social cost of carbon
16        for the transportation network after factoring in the
17        effects of induced demand; and
18            (C) consideration of additional VMT in the
19        transportation network from additional capacity
20        resulting from roadway traffic capacity expansion,
21        intelligent transportation systems, or both.
22        (3) The Department or MPO must connect any GHG
23    mitigation measures associated with the roadway capacity
24    expansion project as follows:
25            (A) within or associated with at least one of the
26        communities impacted by the roadway capacity expansion

 

 

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1        project;
2            (B) if there is not a reasonably feasible location
3        under subparagraph (A), in areas of persistent poverty
4        or historically disadvantaged communities, as measured
5        and defined by federal law, guidance and notices of
6        funding opportunity;
7            (C) if there is not a reasonably feasible location
8        under subparagraphs (A) and (B), in the region of the
9        roadway capacity expansion project; and
10            (D) if there is not a reasonably feasible location
11        under subparagraphs (A) through (C), on a statewide
12        basis.
13        (4) The Department or MPO must develop and use a
14    process for community consultation consistent with the
15    requirements of subsection (m) in the development of GHG
16    mitigation measures that the Department or MPO uses to
17    achieve compliance with its GHG targets.
18        (5) The Department or MPO must publish an explanation
19    regarding the feasibility and rationale for each GHG
20    mitigation measure under subparagraphs (B) through (D) of
21    paragraph (3).
22        (6) GHG mitigation measures connected to a roadway
23    expansion project are sufficient if the total greenhouse
24    gas reduction from the GHG mitigation measures is at least
25    equal to the total GHG emissions resulting from the
26    roadway capacity expansion project and consistent with the

 

 

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1    Department or MPO meeting its GHG targets.
2            (A) Each comparison under this paragraph must be
3        performed over equal comparison periods.
4            (B) To avoid double counting, once a GHG
5        mitigation measure is connected to a roadway capacity
6        expansion project, that GHG mitigation measure shall
7        not be used to offset greenhouse gases associated with
8        other roadway capacity expansion projects or other
9        projects included in an applicable planning document.
10        (7) The Department and MPOs must publish information
11    regarding roadway capacity expansion project GHG emissions
12    analyses on their websites. The information must include:
13            (A) an identification of each roadway capacity
14        expansion project; and
15            (B) for each roadway capacity expansion project, a
16        summary that includes an overview of and link to the
17        roadway capacity expansion project GHG emissions
18        analysis, the greenhouse gas impact determination by
19        the Department or MPO, the social cost of carbon added
20        by the roadway capacity expansion project, and project
21        disposition, including a review of any GHG mitigation
22        measures.
23    (i) The Department and MPOs may use a GHG mitigation
24measure as an offset against GHG emissions only after the date
25the GHG mitigation measure has been implemented.
26    (j) By January 1, 2028, and every 3 years thereafter, the

 

 

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1Department shall prepare a comprehensive, publicly released
2report on statewide transportation greenhouse gas reduction
3accomplishments and challenges and make recommendations for
4any legislative action or State agency rulemaking that would
5assist the Department and MPOs in meeting their GHG targets.
6The report, at a minimum, shall include:
7        (1) a description of whether the Department and MPOs
8    are on track to meet their GHG targets and VMT targets;
9        (2) an assessment of State and local laws,
10    regulations, rules, and practices and recommendations for
11    modifications that would help ensure that the Department
12    and MPOs meet their GHG targets and VMT targets;
13        (3) a description of the benefits from reductions in
14    GHG emissions and copollutants in the transportation
15    sector, diversification of energy sources used for
16    transportation, and substitution of other motorized and
17    nonmotorized modes of travel for VMT currently being
18    handled by vehicles powered by internal combustion
19    engines, and other economic, environmental, and public
20    health benefits;
21        (4) a description of the compliance costs borne by the
22    Department and MPOs in meeting their GHG targets and VMT
23    targets;
24        (5) a description of the social cost of carbon
25    associated with the transportation systems for which the
26    Department and each MPO is responsible and the social cost

 

 

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1    of carbon reductions that result from GHG mitigation
2    measures and other steps being taken by the Department and
3    each MPO to reduce GHG emissions;
4        (6) a description of whether measures taken by the
5    Department and MPOs to meet GHG targets are equitable,
6    minimize costs, and maximize the total benefits to the
7    State and its citizens; and
8        (7) a description of whether activities undertaken to
9    meet GHG targets by the Department and MPOs have unduly
10    burdened disproportionately impacted communities.
11    (k) Before including any project that has an anticipated
12cost of $30,000,000 or more (i) in an applicable planning
13document or (ii) as a GHG mitigation measure, the Department
14or MPO shall calculate a climate equity accessibility score
15for the project. The climate equity accessibility score shall
16be based on a GHG emissions analysis of the project and a
17measurement of (i) the current levels of access to jobs,
18hospitals, schools, and food by available modes of
19transportation and (ii) the current level of affordability of
20transportation in the project area. The Department and MPO
21shall then calculate a climate equity accessibility score
22based on the projected change in GHG emissions, accessibility,
23and affordability from the proposed project. Projects that
24result in relatively high reductions of GHG emissions while
25increasing access to jobs and other destinations and providing
26more affordable transportation options will receive a higher

 

 

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1climate equity accessibility score than projects that fail to
2deliver such benefits. To advance the goals of this Section
3and optimize the use of public funds, the Department and MPOs
4shall give priority to projects with high climate equity
5accessibility scores, considering which project delivers the
6most climate equity accessibility score benefit per dollar
7invested. The Department, with the assistance of the
8Environmental Protection Agency, shall provide technical
9assistance to MPOs in fulfilling their responsibilities under
10this subsection.
11    (l) To the full extent allowed by paragraph (4) of
12subsection (k) of Section 5303 of Title 49 of the United States
13Code and other applicable laws, and to extend the existing
14authority under State law vested in the Chicago Metropolitan
15Agency for Planning to MPOs throughout the State, MPOs, with
16the full support of the Department, shall conduct housing
17coordination planning to help the Department and MPOs meet
18their GHG targets.
19        (1) MPOs shall develop housing coordination plans
20    consistent with subparagraph (C) of paragraph (4) of
21    subsection (k) of Section 5303 of Title 49 of the United
22    States Code (49 U.S.C. 5303(k)(4)(C)) to better integrate
23    housing, transportation, and economic development
24    strategies and to, among other things:
25            (A) better connect housing and employment while
26        mitigating commuting times;

 

 

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1            (B) align transportation improvements with housing
2        needs, such as housing supply shortages, and proposed
3        housing development;
4            (C) align planning for housing and transportation
5        to address needs in relationship to household incomes
6        within the metropolitan planning area;
7            (D) expand housing and economic development within
8        the catchment areas of existing transportation
9        facilities and public transportation services when
10        appropriate, including higher-density development, as
11        locally determined;
12            (E) manage effects of VMT growth in the
13        metropolitan planning area related to housing
14        development and economic development; and
15            (F) increase the share of households with
16        sufficient and affordable access to the transportation
17        networks of the metropolitan planning area.
18        (2) MPOs shall identify the location of existing and
19    planned housing and employment and transportation options
20    that connect housing and employment.
21        (3) MPOs shall include a comparison of State,
22    regional, and local transportation plans in the region to
23    land use management plans, including zoning plans, that
24    may affect road use, public transportation ridership, and
25    housing development.
26        (4) In their housing coordination planning, MPOs shall

 

 

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1    focus on the effect that land use policies and practices,
2    such as minimum parking requirements and exclusionary
3    zoning requirements, contribute to increases in VMT and
4    GHG emissions and consider how such policies affect
5    housing and transportation affordability.
6        (5) MPOs shall outline recommendations for land use
7    policies and best practices that have the effect of
8    increasing the affordability of housing and transportation
9    and reducing GHG emissions.
10        (6) The Department shall assist MPOs in their housing
11    coordination planning and make best efforts to align the
12    Department's planning and project programming with MPO
13    efforts to encourage land use policies and best practices
14    that have the effect of increasing the affordability of
15    housing and transportation, improving accessibility to
16    destinations, and reducing GHG emissions.
17        (7) The Department shall not advance to the STIP a
18    project in a metropolitan planning area that the MPO has
19    determined would conflict with its housing coordination
20    plan prepared under paragraph (1) or would have the effect
21    of decreasing the affordability of transportation or the
22    accessibility of destinations or of increasing GHG
23    emissions.
24        (8) In furtherance of Section 48 of the Regional
25    Planning Act, the Department and MPOs shall adopt
26    performance-based methods for allocating discretionary

 

 

HB5825- 29 -LRB103 40299 LNS 72374 b

1    funds that reward jurisdictions that have adopted land use
2    policies and practices associated with increasing the
3    affordability of housing and transportation, improving
4    accessibility to destinations, and reducing GHG emissions.
5            (A) The Department and MPOs may build on the
6        climate equity accessibility scoring tool developed
7        under subsection (k) or develop a separate tool for
8        identifying jurisdictions that have adopted land use
9        policies and practices associated with increasing the
10        affordability of housing and transportation, improving
11        accessibility to destinations, and reducing GHG
12        emissions.
13            (B) The Department and MPOs shall publicly
14        describe the methodology they use in allocating
15        discretionary funding under this paragraph.
16            (C) When allocating discretionary funding, the
17        Department and MPOs shall give at least equal weight
18        to land use policies and practices that facilitate
19        reductions in GHG emissions that they give to existing
20        factors, such as congestion relief, safety, and
21        traffic operations.
22            (D) The Department and MPOs shall consider land
23        use policies and practices as provided in this
24        subsection when allocating discretionary funding from
25        every source.
26        (9) When evaluating all projects for possible

 

 

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1    inclusion in applicable planning documents or in a STIP or
2    TIP, the Department and MPOs shall adopt performance-based
3    project selection methods that give priority to projects
4    located in jurisdictions that have adopted land use
5    policies and practices associated with increasing the
6    affordability of housing and transportation, improving
7    accessibility to destinations, and reducing GHG emissions.
8        (10) This subsection shall not diminish or restrict
9    the existing authority of jurisdictions over their land
10    use policies and practices.
11    (m) The Department and MPOs shall provide early and
12continuous opportunities for public participation in the
13transportation planning process. The process shall be
14proactive and provide timely information, adequate public
15notice, reasonable public access, and opportunities for public
16review and comment at key decision points in the process. The
17objectives of public participation in the transportation
18planning process include providing a mechanism for public
19perspectives, needs, and ideas to be considered in the
20planning process; developing the public's understanding of the
21problems and opportunities facing the transportation system;
22demonstrating explicit consideration and response to public
23input through a variety of tools and techniques; and
24developing a consensus on plans. The Department shall develop
25a documented public participation process under 23 CFR 450.
26        (1) Under 23 CFR 450, Subpart B, the Department is

 

 

HB5825- 31 -LRB103 40299 LNS 72374 b

1    responsible, in cooperation with the MPOs, for carrying
2    out public participation for developing, amending, and
3    updating the Long-Range State Transportation Plan, the
4    STIP, and other statewide transportation planning
5    activities.
6        (2) Under 23 CFR 450, Subpart C, the MPOs, in
7    cooperation with the Department, are responsible for
8    carrying out public participation for the development of
9    Regional Transportation Plans, TIPs, and other regional
10    transportation planning activities for their respective
11    metropolitan planning areas.
12        (3) Public participation activities at both the MPO
13    and Department levels shall include, at a minimum:
14            (A) establishing and maintaining for the
15        geographic area of responsibility a list of all known
16        parties interested in transportation planning,
17        including, but not limited to: elected officials;
18        municipal and county planning staffs; affected public
19        agencies; local, State, and federal agencies eligible
20        for federal and State transportation funds; local
21        representatives of public transportation agency
22        employees and users; freight shippers and providers of
23        freight transportation services; public and private
24        transportation providers; representatives of users of
25        transit, bicycling, pedestrian, aviation, and train
26        facilities; private industry; environmental and other

 

 

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1        interest groups; representatives of persons or groups
2        that may be underserved by existing transportation
3        systems, such as minority persons, low-income seniors,
4        persons with disabilities, and persons with limited
5        English proficiency; and members of the general public
6        expressing interest in the transportation planning
7        process;
8            (B) providing reasonable notice, which for notice
9        to a disproportionately impacted community requires
10        the notice to be translated into the primary language
11        spoken in the disproportionately impacted community,
12        and opportunity to comment through mailing lists and
13        other communication methods on upcoming transportation
14        planning-related activities and meetings;
15            (C) using reasonably available Internet or
16        traditional media opportunities, including minority
17        media and diverse media, to provide timely notices of
18        planning-related activities and meetings to members of
19        the public, including limited English proficiency
20        individuals and others who may require reasonable
21        accommodations. Methods that shall be used to the
22        maximum extent practicable for public participation
23        may include, but shall not be limited to, use of the
24        Internet, social media, news media, such as
25        newspapers, radio, or television, mailings to
26        disproportionately impacted communities by existing

 

 

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1        transportation systems, including, but not limited to,
2        seniors and persons with disabilities, and notices,
3        including electronic mail and online newsletters;
4            (D) seeking out persons and groups, including
5        minority groups and those with disabilities,
6        low-income, and limited English proficiency, for the
7        purposes of exchanging information, increasing their
8        involvement, and considering their transportation
9        needs in the transportation planning process;
10            (E) consulting, as appropriate, with federal,
11        State, local, and tribal agencies responsible for land
12        use management, natural resources, environmental
13        protection, conservation, cultural resources, and
14        historic preservation concerning the development of
15        long-range transportation plans;
16            (F) providing reasonable public access to, and
17        appropriate opportunities for public review and
18        comment on, criteria, standards, and other
19        planning-related information. Reasonable public access
20        includes, but is not limited to, limited English
21        proficiency services and access to ADA-compliant
22        facilities, as well as to the Internet;
23            (G) where feasible, scheduling the development of
24        regional and statewide plans so that the release of
25        the draft plans may be coordinated to provide for the
26        opportunity for joint public outreach;

 

 

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1            (H) responses, in writing, from the Department and
2        MPOs to all significant issues raised during the
3        review and comment period on transportation plans,
4        making the responses available to the public; and
5            (I) collaborating periodically with all interested
6        parties and the Department and MPOs to review the
7        effectiveness of the Department's and MPOs' public
8        involvement practices to ensure that they provide full
9        and open access to all members of the public. When
10        necessary, the Department or MPO shall revise their
11        public participation practices in the transportation
12        planning process and allow time for public review and
13        comment per 23 CFR 450.
14    (n) Beginning on January 1, 2025, each applicable planning
15document from the Department or MPO must include a
16consolidated and comprehensive list of all project types to be
17funded using any federal, State, or local funding source,
18including bicycle, pedestrian, bus, rail, and roadway
19projects, and shall include a summary of planned expenditures
20by project type.
21    (o) Beginning September 30, 2025, the Department and MPOs
22shall establish a social cost of carbon and use the social cost
23of carbon in their applicable planning documents and other
24planning activities.
25        (1) The social cost of carbon shall serve as a
26    monetary estimate of the value of not emitting a ton of GHG

 

 

HB5825- 35 -LRB103 40299 LNS 72374 b

1    emissions.
2        (2) In developing the social cost of carbon applicable
3    to the projects and programs in their applicable planning
4    documents and for other planning and project programming
5    activities, the Department and MPOs shall consider the
6    social cost of carbon established by the Environmental
7    Protection Agency under subsection (q) of Section 9.15 of
8    the Environmental Protection Act and may consider prior or
9    existing estimates of the social cost of carbon issued or
10    adopted by the federal government, appropriate
11    international bodies, or other appropriate and reputable
12    scientific organizations.
13        (3) The Department may adopt the social cost of carbon
14    established by the Environmental Protection Agency under
15    subsection (q) of Section 9.15 of the Environmental
16    Protection Act or establish its own social cost of carbon
17    through the process set forth in paragraphs (1) and (2),
18    but the Department shall not adopt a social cost of carbon
19    that is lower than that established by the Environmental
20    Protection Agency.
21        (4) MPOs may adopt the social cost of carbon
22    established by the Environmental Protection Agency under
23    subsection (q) of Section 9.15 of the Environmental
24    Protection Act or by the Department under paragraph (3) or
25    establish their own social cost of carbon through the
26    process set forth in paragraphs (1) and (2), but an MPO

 

 

HB5825- 36 -LRB103 40299 LNS 72374 b

1    shall not adopt a social cost of carbon that is lower than
2    that established by the Environmental Protection Agency or
3    the Department.
4        (5) The Department shall incorporate the social cost
5    of carbon into its assessment of projects for possible
6    inclusion in its applicable planning document or for
7    inclusion in a STIP or TIP, giving priority to projects
8    that have a relatively low social cost of carbon:
9            (A) The Department shall not include any project
10        over $30,000,000 in an applicable planning document or
11        a STIP or TIP unless it has calculated the social cost
12        of carbon resulting from the project over the useful
13        life of the project.
14            (B) Such calculations shall result in an estimate
15        of the social cost of carbon under a no-build scenario
16        and an estimate of the social cost of carbon if the
17        project is built, factoring in the effects of induced
18        demand and other appropriate factors.
19            (C) The estimate of the social cost of carbon must
20        include total additional GHG emissions attributable to
21        the proposed project and shall not be limited to GHG
22        emissions from within the physical boundaries of the
23        project.
24            (D) The Department shall publish in applicable
25        planning documents and STIPs the no-build and build
26        estimates of the social cost of carbon for each

 

 

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1        project for which an estimate of the social cost of
2        carbon has been prepared.
3            (E) For purposes of its planning processes under
4        Sections 2705-200, 2705-203, and 2705-205, and after
5        factoring in the effects of induced demand on VMT
6        attributable to a proposed project, the Department
7        shall offset the social cost of carbon and the social
8        cost of crashes attributable to a project against its
9        projections of the value of the time savings from any
10        reduction in congestion attributable to the project
11        and shall publish its calculations and results.
12            (F) The Department may rely upon estimates of the
13        social cost of carbon prepared by MPOs for projects
14        included in a STIP that are located inside the MPO's
15        boundaries only if the Department finds that those
16        estimates of the social cost of carbon are based on
17        reasonable assumptions and methodology.
18        (6) Each MPO shall incorporate the social cost of
19    carbon into its assessment of projects for possible
20    inclusion in its applicable planning document or for
21    inclusion in a TIP, giving priority to projects that have
22    a relatively low social cost of carbon:
23            (A) An MPO shall not include any project over
24        $30,000,000 in a TIP unless it has calculated the
25        social cost of carbon resulting from the project over
26        the useful life of the project.

 

 

HB5825- 38 -LRB103 40299 LNS 72374 b

1            (B) Such calculations shall result in an estimate
2        of the social cost of carbon under a no-build scenario
3        and an estimate of the social cost of carbon if the
4        project is built, factoring in the effects of induced
5        demand and other appropriate factors.
6            (C) The estimate of the social cost of carbon must
7        include total additional GHG emissions attributable to
8        the proposed project and shall not be limited to GHG
9        emissions from within the physical boundaries of the
10        project.
11            (D) Each MPO shall publish in its applicable
12        planning documents and TIPs the no-build and build
13        estimates of the social cost of carbon for each
14        project for which an estimate of the social cost of
15        carbon has been prepared.
16            (E) For purposes of its planning processes, and
17        after factoring in the effects of induced demand on
18        VMT attributable to a proposed project, an MPO shall
19        offset the social cost of carbon and the social cost of
20        crashes attributable to a project from its projection
21        of the value of the time savings from any reduction in
22        congestion attributable to the project and shall
23        publish its calculations and results.
24            (F) An MPO may rely upon the estimate of the social
25        cost of carbon prepared by the Department for projects
26        included in a TIP only if the MPO finds that the

 

 

HB5825- 39 -LRB103 40299 LNS 72374 b

1        Department's estimates of the social cost of carbon
2        are based on reasonable assumptions and methodologies.
3    (p) By no later than January 1, 2025, the Department shall
4convene a Greenhouse Gas in Transportation Working Group.
5        (1) The Working Group shall assist the Department and
6    MPOs with:
7            (A) planning and implementing the requirements of
8        this Section;
9            (B) identifying opportunities to reduce GHG
10        emissions in the transportation sector;
11            (C) identifying promising GHG mitigation measures;
12            (D) preparing the Department's triennial report on
13        statewide transportation sector greenhouse gas
14        reduction accomplishments and challenges and make
15        recommendations for any legislative or regulatory
16        action that would assist the Department and MPOs in
17        meeting their GHG targets; and
18            (E) connecting the Department and MPOs with local,
19        regional, and national experts and best practices
20        relating to planning and programming transportation
21        projects to, among other things, reduce GHG emissions
22        from the transportation sector.
23        (2) The membership of the Working Group shall include
24    the following:
25            (A) the Secretary of Transportation or the
26        Secretary's designee;

 

 

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1            (B) the Director of the Environmental Protection
2        Agency or the Director's designee;
3            (C) the Chair of the Chicago Metropolitan Agency
4        for Planning or the Chair's designee;
5            (D) the chair of another MPO or the chair's
6        designee, appointed by the Governor;
7            (E) a university representative with expertise in
8        GHG emissions in the transportation sector, appointed
9        by the Governor;
10            (F) a representative from an environmental justice
11        organization, appointed by the Governor;
12            (G) a representative from an active transportation
13        organization, appointed by the Governor;
14            (H) a representative from a transportation
15        planning organization, appointed by the Governor;
16            (I) a representative from a land use planning
17        organization, appointed by the Governor;
18            (J) a representative from the freight industry,
19        appointed by the Governor;
20            (K) a representative from a public transportation
21        agency, appointed by the Governor;
22            (L) a representative from a labor organization,
23        appointed by the Governor;
24            (M) a representative from a road building
25        contractor, appointed by the Governor;
26            (N) a representative from a chamber of commerce,

 

 

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1        appointed by the Governor;
2            (P) a representative from the engineering sector,
3        appointed by the Governor; and
4            (Q) such other representatives, appointed by the
5        Governor, that will ensure that the Working Group will
6        provide the Department and MPOs with a sufficient
7        range and depth of expertise in GHG emissions
8        reduction in the transportation sector to assist the
9        Department and MPOs in carrying out their
10        responsibilities under this Section.
11        (3) The members of the Working Group must select a
12    Chair from its membership.
13        (4) Members of the Working Group shall serve without
14    compensation other than reimbursement for travel and other
15    expenses incurred in the performance of their duties.
16        (5) The Department shall provide sufficient staff
17    support and other resources for the Working Group to
18    perform its duties effectively, including a website
19    accessible to the public that contains an up-to-date
20    record of the activities, research, reports,
21    recommendations, and other materials assembled by the
22    Working Group.
23        (6) The Working Group shall first meet within 90 days
24    of the effective date of this amendatory Act of the 103rd
25    General Assembly. The Working Group shall hold public
26    meetings no less than quarterly, shall actively seek

 

 

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1    public input, shall publish annual reports, and by June
2    30, 2027, shall publish a report with recommendations for
3    how the Department and MPOs can most effectively reduce
4    GHG emissions from the transportation sector.
5        (7) The Department shall consider and incorporate
6    recommendations from the Working Group in its triennial
7    reports under subsection (j), and both the Department and
8    MPOs shall consider and incorporate such recommendations
9    in their preparation of their applicable planning
10    documents.
11        (8) The Working Group shall operate through January
12    30, 2028, or 30 days after the Department's filing of its
13    first triennial report, whichever is later. The Working
14    Group shall continue in operation after that date to
15    further assist the Department and MPOs in fulfilling their
16    responsibilities under this Section unless abolished by
17    the Governor after receipt of abolition recommendations
18    from both the Environmental Protection Agency and the
19    Department.
20    (q) Except as otherwise provided, the requirements of this
21Section shall commence with projects included in applicable
22planning documents filed on or after January 1, 2027.
23    (r) The requirements of this Section are in addition to
24and shall, to the extent practicable, be executed concurrently
25with other requirements for transportation planning, project
26prioritization, public outreach, project implementation, or

 

 

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1transparency and accountability established by law, rule, or
2policy.
3    (s) The requirements of this Section shall extend to the
4Illinois State Toll Highway Authority and any other builder or
5operator of a public highway under a public-private
6partnership agreement or other means authorized by State law.
7        (1) The requirements of this Section that apply to the
8    other entities include, but are not limited to, the
9    following:
10            (A) the Environmental Protection Agency shall
11        assign GHG targets to other entities under subsection
12        (c);
13            (B) other entities shall conduct GHG emissions
14        analysis and be subject to the other requirements set
15        forth in subsections (d), (e), (f), (g), and (h) with
16        respect to their applicable planning documents;
17            (C) other entities shall conduct climate equity
18        accessibility scoring as set forth in subsection (k);
19            (D) other entities shall follow the public
20        participation requirements set forth in subsection
21        (j); and
22            (E) other entities shall use the social cost of
23        carbon in their planning and project programming
24        processes as set forth in subsection (o).
25        (2) Other entities may request assistance in complying
26    with the requirements of this Section from the Department

 

 

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1    under subsection (e) and from the Greenhouse Gas in
2    Transportation Working Group under subsection (p).
3        (3) With respect to other entities, "applicable
4    planning document" means the other entity's capital plan
5    or other document in which the other entity identifies
6    projects that it anticipates advancing for construction.
7        (4) The Department may adopt rules necessary to extend
8    the requirements of this Section to the other entities.
 
9    Section 10. The Environmental Protection Act is amended by
10changing Section 9.15 as follows:
 
11    (415 ILCS 5/9.15)
12    Sec. 9.15. Greenhouse gases.
13     (a) An air pollution construction permit shall not be
14required due to emissions of greenhouse gases if the
15equipment, site, or source is not subject to regulation, as
16defined by 40 CFR 52.21, as now or hereafter amended, for
17greenhouse gases or is otherwise not addressed in this Section
18or by the Board in regulations for greenhouse gases. These
19exemptions do not relieve an owner or operator from the
20obligation to comply with other applicable rules or
21regulations.
22     (b) An air pollution operating permit shall not be
23required due to emissions of greenhouse gases if the
24equipment, site, or source is not subject to regulation, as

 

 

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1defined by Section 39.5 of this Act, for greenhouse gases or is
2otherwise not addressed in this Section or by the Board in
3regulations for greenhouse gases. These exemptions do not
4relieve an owner or operator from the obligation to comply
5with other applicable rules or regulations.
6    (c) (Blank).
7    (d) (Blank).
8    (e) (Blank).
9    (f) As used in this Section:
10    "Carbon dioxide emission" means the plant annual CO2 total
11output emission as measured by the United States Environmental
12Protection Agency in its Emissions & Generation Resource
13Integrated Database (eGrid), or its successor.
14    "Carbon dioxide equivalent emissions" or "CO2e" means the
15sum total of the mass amount of emissions in tons per year,
16calculated by multiplying the mass amount of each of the 6
17greenhouse gases specified in Section 3.207, in tons per year,
18by its associated global warming potential as set forth in 40
19CFR 98, subpart A, table A-1 or its successor, and then adding
20them all together.
21    "Cogeneration" or "combined heat and power" refers to any
22system that, either simultaneously or sequentially, produces
23electricity and useful thermal energy from a single fuel
24source.
25    "Copollutants" refers to the 6 criteria pollutants that
26have been identified by the United States Environmental

 

 

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1Protection Agency pursuant to the Clean Air Act.
2    "Electric generating unit" or "EGU" means a fossil
3fuel-fired stationary boiler, combustion turbine, or combined
4cycle system that serves a generator that has a nameplate
5capacity greater than 25 MWe and produces electricity for
6sale.
7    "Environmental justice community" means the definition of
8that term based on existing methodologies and findings, used
9and as may be updated by the Illinois Power Agency and its
10program administrator in the Illinois Solar for All Program.
11    "Equity investment eligible community" or "eligible
12community" means the geographic areas throughout Illinois that
13would most benefit from equitable investments by the State
14designed to combat discrimination and foster sustainable
15economic growth. Specifically, eligible community means the
16following areas:
17        (1) areas where residents have been historically
18    excluded from economic opportunities, including
19    opportunities in the energy sector, as defined as R3 areas
20    pursuant to Section 10-40 of the Cannabis Regulation and
21    Tax Act; and
22        (2) areas where residents have been historically
23    subject to disproportionate burdens of pollution,
24    including pollution from the energy sector, as established
25    by environmental justice communities as defined by the
26    Illinois Power Agency pursuant to the Illinois Power

 

 

HB5825- 47 -LRB103 40299 LNS 72374 b

1    Agency Act, excluding any racial or ethnic indicators.
2    "Equity investment eligible person" or "eligible person"
3means the persons who would most benefit from equitable
4investments by the State designed to combat discrimination and
5foster sustainable economic growth. Specifically, eligible
6person means the following people:
7        (1) persons whose primary residence is in an equity
8    investment eligible community;
9        (2) persons whose primary residence is in a
10    municipality, or a county with a population under 100,000,
11    where the closure of an electric generating unit or mine
12    has been publicly announced or the electric generating
13    unit or mine is in the process of closing or closed within
14    the last 5 years;
15        (3) persons who are graduates of or currently enrolled
16    in the foster care system; or
17        (4) persons who were formerly incarcerated.
18    "Existing emissions" means:
19        (1) for CO2e, the total average tons-per-year of CO2e
20    emitted by the EGU or large GHG-emitting unit either in
21    the years 2018 through 2020 or, if the unit was not yet in
22    operation by January 1, 2018, in the first 3 full years of
23    that unit's operation; and
24        (2) for any copollutant, the total average
25    tons-per-year of that copollutant emitted by the EGU or
26    large GHG-emitting unit either in the years 2018 through

 

 

HB5825- 48 -LRB103 40299 LNS 72374 b

1    2020 or, if the unit was not yet in operation by January 1,
2    2018, in the first 3 full years of that unit's operation.
3    "Green hydrogen" means a power plant technology in which
4an EGU creates electric power exclusively from electrolytic
5hydrogen, in a manner that produces zero carbon and
6copollutant emissions, using hydrogen fuel that is
7electrolyzed using a 100% renewable zero carbon emission
8energy source.
9    "Large greenhouse gas-emitting unit" or "large
10GHG-emitting unit" means a unit that is an electric generating
11unit or other fossil fuel-fired unit that itself has a
12nameplate capacity or serves a generator that has a nameplate
13capacity greater than 25 MWe and that produces electricity,
14including, but not limited to, coal-fired, coal-derived,
15oil-fired, natural gas-fired, and cogeneration units.
16    "NOx emission rate" means the plant annual NOx total output
17emission rate as measured by the United States Environmental
18Protection Agency in its Emissions & Generation Resource
19Integrated Database (eGrid), or its successor, in the most
20recent year for which data is available.
21    "Public greenhouse gas-emitting units" or "public
22GHG-emitting unit" means large greenhouse gas-emitting units,
23including EGUs, that are wholly owned, directly or indirectly,
24by one or more municipalities, municipal corporations, joint
25municipal electric power agencies, electric cooperatives, or
26other governmental or nonprofit entities, whether organized

 

 

HB5825- 49 -LRB103 40299 LNS 72374 b

1and created under the laws of Illinois or another state.
2    "SO2 emission rate" means the "plant annual SO2 total
3output emission rate" as measured by the United States
4Environmental Protection Agency in its Emissions & Generation
5Resource Integrated Database (eGrid), or its successor, in the
6most recent year for which data is available.
7    (g) All EGUs and large greenhouse gas-emitting units that
8use coal or oil as a fuel and are not public GHG-emitting units
9shall permanently reduce all CO2e and copollutant emissions to
10zero no later than January 1, 2030.
11    (h) All EGUs and large greenhouse gas-emitting units that
12use coal as a fuel and are public GHG-emitting units shall
13permanently reduce CO2e emissions to zero no later than
14December 31, 2045. Any source or plant with such units must
15also reduce their CO2e emissions by 45% from existing
16emissions by no later than January 1, 2035. If the emissions
17reduction requirement is not achieved by December 31, 2035,
18the plant shall retire one or more units or otherwise reduce
19its CO2e emissions by 45% from existing emissions by June 30,
202038.
21    (i) All EGUs and large greenhouse gas-emitting units that
22use gas as a fuel and are not public GHG-emitting units shall
23permanently reduce all CO2e and copollutant emissions to zero,
24including through unit retirement or the use of 100% green
25hydrogen or other similar technology that is commercially
26proven to achieve zero carbon emissions, according to the

 

 

HB5825- 50 -LRB103 40299 LNS 72374 b

1following:
2        (1) No later than January 1, 2030: all EGUs and large
3    greenhouse gas-emitting units that have a NOx emissions
4    rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
5    greater than 0.006 lb/MWh, and are located in or within 3
6    miles of an environmental justice community designated as
7    of January 1, 2021 or an equity investment eligible
8    community.
9        (2) No later than January 1, 2040: all EGUs and large
10    greenhouse gas-emitting units that have a NOx emission
11    rate of greater than 0.12 lbs/MWh or a SO2 emission rate
12    greater than 0.006 lb/MWh, and are not located in or
13    within 3 miles of an environmental justice community
14    designated as of January 1, 2021 or an equity investment
15    eligible community. After January 1, 2035, each such EGU
16    and large greenhouse gas-emitting unit shall reduce its
17    CO2e emissions by at least 50% from its existing emissions
18    for CO2e, and shall be limited in operation to, on average,
19    6 hours or less per day, measured over a calendar year, and
20    shall not run for more than 24 consecutive hours except in
21    emergency conditions, as designated by a Regional
22    Transmission Organization or Independent System Operator.
23        (3) No later than January 1, 2035: all EGUs and large
24    greenhouse gas-emitting units that began operation prior
25    to the effective date of this amendatory Act of the 102nd
26    General Assembly and have a NOx emission rate of less than

 

 

HB5825- 51 -LRB103 40299 LNS 72374 b

1    or equal to 0.12 lb/MWh and a SO2 emission rate less than
2    or equal to 0.006 lb/MWh, and are located in or within 3
3    miles of an environmental justice community designated as
4    of January 1, 2021 or an equity investment eligible
5    community. Each such EGU and large greenhouse gas-emitting
6    unit shall reduce its CO2e emissions by at least 50% from
7    its existing emissions for CO2e no later than January 1,
8    2030.
9        (4) No later than January 1, 2040: All remaining EGUs
10    and large greenhouse gas-emitting units that have a heat
11    rate greater than or equal to 7000 BTU/kWh. Each such EGU
12    and Large greenhouse gas-emitting unit shall reduce its
13    CO2e emissions by at least 50% from its existing emissions
14    for CO2e no later than January 1, 2035.
15        (5) No later than January 1, 2045: all remaining EGUs
16    and large greenhouse gas-emitting units.
17    (j) All EGUs and large greenhouse gas-emitting units that
18use gas as a fuel and are public GHG-emitting units shall
19permanently reduce all CO2e and copollutant emissions to zero,
20including through unit retirement or the use of 100% green
21hydrogen or other similar technology that is commercially
22proven to achieve zero carbon emissions by January 1, 2045.
23    (k) All EGUs and large greenhouse gas-emitting units that
24utilize combined heat and power or cogeneration technology
25shall permanently reduce all CO2e and copollutant emissions to
26zero, including through unit retirement or the use of 100%

 

 

HB5825- 52 -LRB103 40299 LNS 72374 b

1green hydrogen or other similar technology that is
2commercially proven to achieve zero carbon emissions by
3January 1, 2045.
4    (k-5) No EGU or large greenhouse gas-emitting unit that
5uses gas as a fuel and is not a public GHG-emitting unit may
6emit, in any 12-month period, CO2e or copollutants in excess of
7that unit's existing emissions for those pollutants.
8    (l) Notwithstanding subsections (g) through (k-5), large
9GHG-emitting units including EGUs may temporarily continue
10emitting CO2e and copollutants after any applicable deadline
11specified in any of subsections (g) through (k-5) if it has
12been determined, as described in paragraphs (1) and (2) of
13this 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;

 

 

HB5825- 53 -LRB103 40299 LNS 72374 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) No variance, adjusted standard, or other regulatory
23relief otherwise available in this Act may be granted to the
24emissions reduction and elimination obligations in this
25Section.
26    (n) By June 30 of each year, beginning in 2025, the Agency

 

 

HB5825- 54 -LRB103 40299 LNS 72374 b

1shall prepare and publish on its website a report setting
2forth the actual greenhouse gas emissions from individual
3units and the aggregate statewide emissions from all units for
4the prior year.
5    (o) Every 5 years beginning in 2025, the Environmental
6Protection Agency, Illinois Power Agency, and Illinois
7Commerce Commission shall jointly prepare, and release
8publicly, a report to the General Assembly that examines the
9State's current progress toward its renewable energy resource
10development goals, the status of CO2e and copollutant
11emissions reductions, the current status and progress toward
12developing and implementing green hydrogen technologies, the
13current and projected status of electric resource adequacy and
14reliability throughout the State for the period beginning 5
15years ahead, and proposed solutions for any findings. The
16Environmental Protection Agency, Illinois Power Agency, and
17Illinois 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

 

 

HB5825- 55 -LRB103 40299 LNS 72374 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

 

 

HB5825- 56 -LRB103 40299 LNS 72374 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

 

 

HB5825- 57 -LRB103 40299 LNS 72374 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

 

 

HB5825- 58 -LRB103 40299 LNS 72374 b

1    reduction requirements identified in the plan.
2    (p) The goals of the State are to reduce greenhouse gas
3emissions from the transportation sector in the State by at
4least 80% from the 2005 level and achieve a net-zero emissions
5transportation sector, both by 2050.
6        (1) An incremental goal of at least a 50% reduction in
7    greenhouse gas emissions from the transportation sector
8    below the year 2005 level by the year 2030 is hereby
9    established.
10        (2) By no later than September 30, 2025, the Agency
11    shall establish greenhouse gas emissions reduction targets
12    for the State transportation sector on a 5-year or more
13    frequent basis that will achieve these goals.
14        (3) The Agency shall set the first such emissions
15    reduction target for no later than 2030, shall use 2005
16    emissions as the baseline year, and shall provide that
17    each 5-year target is at least 15 percentage points lower
18    and no more than 25 percentage points lower than the
19    immediately preceding 5-year target.
20        (4) The emissions reduction targets set by the Agency
21    must be by transportation mode, such as aerial transport
22    and highway transport, as the Agency deems appropriate
23    after consultation with the Department of Transportation.
24        (5) The Agency, in coordination with the Department of
25    Transportation, shall adopt rules establishing policies
26    and programs necessary for the State to achieve the

 

 

HB5825- 59 -LRB103 40299 LNS 72374 b

1    transportation sector greenhouse gas emissions reduction
2    goals and targets set forth in this subsection and in
3    subsection (c) of Section 2705-204 of the Department of
4    Transportation Law of the Civil Administrative Code of
5    Illinois. The rules may make changes to how the Department
6    of Transportation and MPOs plan, program, prioritize, and
7    fund transportation projects so that the State can achieve
8    the greenhouse gas emissions reduction goals and targets
9    set forth in this subsection and in subsection (c) of
10    Section 2705-204 of the Department of Transportation Law
11    of the Civil Administrative Code of Illinois.
12        (6) The Department of Transportation and MPOs in the
13    State shall ensure that their greenhouse gas emissions
14    reporting under Title 23, Part 490, of the Code of Federal
15    Regulations conforms to the greenhouse gas emissions
16    reduction goals and targets set forth in this subsection
17    and in subsection (c) of Section 2705-204 of the
18    Department of Transportation Law of the Civil
19    Administrative Code of Illinois.
20    (q) No later than June 30, 2025, the Agency, by rule, shall
21establish a social cost of carbon, expressed in terms of
22dollars per ton of CO2e.
23        (1) The social cost of carbon shall serve as a
24    monetary estimate of the value of not emitting a ton of
25    greenhouse gas emissions.
26        (2) In developing the social cost of carbon, the

 

 

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1    Agency shall consider estimates of the social cost of
2    carbon issued or adopted by the federal government,
3    appropriate international bodies, or other appropriate and
4    reputable scientific organizations, but the social cost of
5    carbon adopted by the Agency must not be less than the
6    social cost of carbon adopted by the United States
7    Environmental Protection Agency.
8        (3) The Agency shall periodically update its estimate
9    of the social cost of carbon to reflect changes in data,
10    assumptions, and estimates, and it shall do so at least
11    once every 5 years.
12        (4) Except as otherwise provided by law, State
13    agencies shall use the social cost of carbon figure
14    established by the Agency for purposes of estimating the
15    cost associated with carbon-related emissions.
16(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)