EPA-PHOSPHORUS TRADING

Illinois General Assembly - Full Text of HB1880

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1880

Introduced 1/29/2025, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

New Act

Creates the Phosphorus Credit Trading Program Act. Creates the
Phosphorus Credit Trading Committee for several purposes, including
developing a framework for the trading of phosphorus reduction credits
generated through phosphorus reductions in excess of those required by
permit and limiting the trading of phosphorus reduction credits to trading
among wastewater agencies. Provides that the Phosphorus Credit Trading
Committee shall submit a report to the Governor, the Environmental
Protection Agency, and the General Assembly. Provides for Committee
membership. Provides that the Prairie Research Institute's Illinois
Sustainable Technology Center shall provide technical assistance to the
Committee. Provides that the Agency shall, within one year after its
receipt of the Committee's report, propose rules to establish a program to
facilitate phosphorus reduction credit trading among wastewater agencies,
and that the Pollution Control Board shall adopt rules within one year
after receipt of the Agency's proposal. Provides that the rules shall
accomplish certain purposes. Makes findings. Defines terms. Effective
immediately.
LRB104 03049 BDA 13067 b

A BILL FOR

HB1880
LRB104 03049 BDA 13067 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Phosphorus Credit Trading Program Act.

6

Section 5.
Findings.
The General Assembly finds that:
7

(1) Wastewater agencies in Illinois have made substantial
8
investments to reduce the discharge of phosphorus into waters
9
of the State.
10

(2) Those efforts have allowed phosphorus reductions that
11
are ahead of schedule and in excess of those that are required
12
by permit.
13

(3) Wastewater agencies should be allowed to trade with
14
one another the credits generated through these phosphorus
15
reductions.

16

Section 10.
Definitions.
In this Act:
17

"Agency" means the Environmental Protection Agency.
18

"Board" means the Pollution Control Board.
19

"Committee" means the Phosphorus Credit Trading Committee
20
created under this Act.
21

"Director" means the Director of the Environmental
22
Protection Agency.

HB1880
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LRB104 03049 BDA 13067 b
1

"Phosphorus" means a nonmetallic element of the nitrogen
2
family with atomic number 15.
3

"State" means the State of Illinois.
4

"Wastewater agencies" means municipal wastewater agencies
5
and units of local government formed under the Sanitary
6
District Act of 1907, North Shore Water Reclamation District
7
Act, Sanitary District Act of 1917, Metropolitan Water
8
Reclamation District Act, Sanitary District Act of 1936,
9
Metro-East Sanitary District Act of 1974, and Eastern Will
10
Sanitary District Act.

11

Section 15.
Phosphorus Credit Trading Committee.
12

(a) The Phosphorus Credit Trading Committee is created
13
within the Agency for the purpose of:
14

(1) developing a framework for the trading of
15

phosphorus reduction credits generated through phosphorus
16

reductions in excess of those required by permit;
17

(2) limiting the trading of phosphorus reduction
18

credits to trading among wastewater agencies; and
19

(3) making recommendations to the Agency regarding the
20

framework it develops.
21

(b) Upon completion of the framework described in
22
subsection (a), the Phosphorus Credit Trading Committee shall
23
submit a report containing the framework and its
24
recommendations to the Governor, the Environmental Protection
25
Agency, and the General Assembly.

HB1880
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LRB104 03049 BDA 13067 b
1

Section 20.
Committee membership.
The Committee shall be
2
composed of the following members:
3

(1) the Governor or his or her designee, who shall
4

serve as chairperson;
5

(2) the Director or his or her designee;
6

(3) one member appointed by the President of the
7

Senate;
8

(4) one member appointed by the Minority Leader of the
9

Senate;
10

(5) one member appointed by the Speaker of the House
11

of Representatives;
12

(6) one member appointed by the Minority Leader of the
13

House of Representatives; and
14

(7) the following members appointed by the Director:
15

(A) 2 members who are representatives of a
16

wastewater agency with a service population of 25,000
17

or less;
18

(B) 2 members who are representatives of a
19

wastewater agency with a service population of more
20

than 25,000 but less than or equal to 125,000;
21

(C) 2 members who are representatives of a
22

wastewater agency with a service population of more
23

than 125,000; and
24

(D) 2 members who are representatives of a
25

statewide organization representing wastewater

HB1880
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LRB104 03049 BDA 13067 b
1

agencies.
2

Appointments to the Committee shall be made within 30 days
3
after the effective date of this Act. The Committee shall meet
4
at the call of the chairperson. Committee members shall serve
5
without compensation. If a vacancy occurs in the Committee
6
membership, the vacancy shall be filled in the same manner as
7
the original appointment for the remainder of the Committee.

8

Section 25.
Committee technical assistance.
The Prairie
9
Research Institute's Illinois Sustainable Technology Center
10
shall provide technical assistance to the Committee.

11

Section 30.
Rules to establish a phosphorus credit trading
12
program.
13

(a) After consulting with the Committee, the Agency shall,
14
within one year after its receipt of the Committee's report,
15
propose rules to establish a program to facilitate phosphorus
16
reduction credit trading among wastewater agencies. Within one
17
year after receipt of the Agency's proposal, the Board shall
18
adopt rules establishing a program to facilitate phosphorus
19
reduction credit trading among wastewater agencies.
20

(b) The rules adopted under this Section shall:
21

(1) reduce, in as cost-effective manner as possible,
22

the discharge of phosphorus into waters of the State;
23

(2) establish a program for the trading of phosphorus
24

reduction credits generated through phosphorus reductions

HB1880
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LRB104 03049 BDA 13067 b
1

in excess of those required by permit; and
2

(3) limit participation in the program to wastewater
3

agencies.

4

Section 99.
Effective date.
This Act takes effect upon
5
becoming law.

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