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HB2629 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2629

Introduced 2/6/2025, 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,
2027, 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, 2029 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, 2026, 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,
2028. Makes other changes. Amends the Environmental Protection Act.
Directs the Environmental Protection Agency to calculate a social cost of
carbon and makes other changes.
LRB104 09342 BDA 19400 b

A BILL FOR

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1

AN ACT concerning safety.

2

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

4

Section 1.
References to Act.
This Act may be referred to
5
as the Transportation Choices Act.

6

Section 5.
The Department of Transportation Law of the
7
Civil Administrative Code of Illinois is amended by adding
8
Section 2705-204 as follows:

9

(20 ILCS 2705/2705-204 new)
10

Sec. 2705-204.
Transportation planning and greenhouse gas
11
reduction.

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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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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(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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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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(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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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
5
Transportation Plan or the Department's Long-Range State
6
Transportation Plan. "Applicable planning document" includes
7
amendments to such plans that add capacity expansion projects
8
or other projects resulting in a net increase in GHG
9
emissions.

10

"Climate equity accessibility score" means a measurement
11
of the impact of certain transportation projects on (i) GHG
12
emissions, (ii) the accessibility of jobs and other
13
destinations to people residing in the project area, and (iii)
14
the affordability of transportation.

15

"CO
2
e" means the number of metric tons of carbon dioxide
16
emissions with the same global warming potential as one metric
17
ton of another greenhouse gas, is calculated using Equation
18
A-1 in 40 CFR 98.2, and allows for the comparison of emissions
19
of various different greenhouse gases with different global
20
warming potentials and the calculation of the relative impact
21
of the emissions on the environment over a standard time
22
period.

23

"Disproportionately impacted community" means the
24
residents within a census block group in which, according to
25
the most recent federal decennial census, more than 40% of the
26
households are low-income households, more than 40% of the

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households identify as minority households, or more than 40%
2
of the households are housing cost-burdened, as defined by the
3
United States Census Bureau.

4

"Greenhouse gas emissions" or "GHG emissions" means
5
emissions of carbon dioxide, methane, nitrous oxide,
6
hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride,
7
and sulfur hexafluoride.

8

"Greenhouse gas emissions analysis" or "GHG emissions
9
analysis" means the analysis of the GHG emissions calculated
10
as being generated by the projects and programs contained in
11
an applicable planning document.

12

"Greenhouse gas mitigation measure" or "GHG mitigation
13
measure" means a project, program, or policy established by
14
the Environmental Protection Agency by rule under subparagraph
15
(G) of paragraph (3) of subsection (c) that can reasonably be
16
expected to result in a quantifiable reduction in GHG
17
emissions and that would not be undertaken absent the need by
18
the Department or an MPO to reduce GHG emissions to meet their
19
greenhouse gas targets. "Greenhouse gas mitigation measure" or
20
"GHG mitigation measure" does not include a roadway capacity
21
expansion project. "Greenhouse gas mitigation measure" or "GHG
22
mitigation 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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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
7
amount of greenhouse gas expressed as CO
2
e at each of the
8
various specified times established by subsection (c) that the
9
Department and MPOs must attain through their transportation
10
planning and project prioritization and funding processes.

11

"Induced demand" means a concept from economics that as
12
supply increases and incurred costs decline, demand will
13
increase. This phenomenon has been widely observed and studied
14
in transportation systems where highways have been expanded to
15
alleviate road congestion problems, resulting in increases in
16
vehicle miles traveled.

17

"MPO" means a metropolitan planning organization
18
designated by agreement among the units of local government
19
and the Governor, charged with developing transportation plans
20
and programs in a metropolitan planning area under Section 134
21
of Title 23 of the United States Code.

22

"Mitigation action plan" means the plan for implementation
23
of GHG mitigation measures prepared by the Department or an
24
MPO.

25

"Other entities" means the entities referenced in
26
subsection (s).

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"Roadway capacity expansion project" means a project that
2
would be included in the Department's State Transportation
3
Improvement Program as an MPO or significant project and that
4
(i) adds physical highway traffic capacity or provides for
5
grade separation at an intersection or (ii) uses intelligent
6
transportation system technology to increase the traffic
7
capacity of an existing highway by 10% or more. "Roadway
8
capacity expansion project" does not include a project whose
9
primary purpose is enhancing public transportation bus
10
infrastructure or services. "Roadway capacity expansion
11
project" includes all project types, including those described
12
as maintenance or rehabilitation projects.

13

"Social cost of carbon" means the estimates of the social
14
cost of carbon adopted by the United States Environmental
15
Protection Agency, or such higher figure as adopted by the
16
Environmental Protection Agency, Department, or MPO under
17
subsection (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, 2027, the Environmental Protection
22
Agency, after consultation with the Department and MPOs, must
23
establish, by rule, a schedule of GHG targets for GHG
24
emissions 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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(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
10
document, the Department and an MPO must conduct a GHG
11
emissions 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 CO
2
e emissions in millions of
17

metric tons for each applicable GHG target date
18

established under subsection (c);

19

(3) compares estimated total CO
2
e emissions against
20

the GHG targets applicable to the Department or MPO;

21

(4) compares the social cost of carbon for total
22

estimated CO
2
e 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
3
Protection 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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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
24
analysis to determine if their applicable planning document
25
will result in the Department or MPO meeting its GHG targets.
26
If a GHG emissions analysis determines that the Department or

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MPO is more likely than not to fail to meet one or more of its
2
GHG targets, then the Department or MPO shall identify GHG
3
mitigation measures that are needed for the Department or MPO
4
to 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 CO
2
e 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 NO
x
, 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

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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

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meet its GHG targets.

2

(g) If an applicable planning document does not meet the
3
GHG targets for each compliance year even after consideration
4
of any GHG mitigation measures, the Department may deem the
5
applicable planning document in compliance with this Section
6
and approved only if the noncompliant Department or MPO
7
allocates funding to advance the achievement of the applicable
8
GHG 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

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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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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
4
in an applicable planning document, the Department or MPO must
5
perform a GHG emissions analysis of the roadway capacity
6
expansion project. Following the GHG emissions analysis, the
7
Department or MPO must determine if, after consideration of
8
all relevant factors, including VMT and social cost of carbon
9
increases in the transportation network resulting from induced
10
demand, the project conforms with (i) the applicable GHG
11
targets 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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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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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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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
24
measure as an offset against GHG emissions only after the date
25
the GHG mitigation measure has been implemented.

26

(j) By January 1, 2029, and every 3 years thereafter, the

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Department shall prepare a comprehensive, publicly released
2
report on statewide transportation greenhouse gas reduction
3
accomplishments and challenges and make recommendations for
4
any legislative action or State agency rulemaking that would
5
assist the Department and MPOs in meeting their GHG targets.
6
The 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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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
12
cost of $30,000,000 or more (i) in an applicable planning
13
document or (ii) as a GHG mitigation measure, the Department
14
or MPO shall calculate a climate equity accessibility score
15
for the project. The climate equity accessibility score shall
16
be based on a GHG emissions analysis of the project and a
17
measurement of (i) the current levels of access to jobs,
18
hospitals, schools, and food by available modes of
19
transportation and (ii) the current level of affordability of
20
transportation in the project area. The Department and MPO
21
shall then calculate a climate equity accessibility score
22
based on the projected change in GHG emissions, accessibility,
23
and affordability from the proposed project. Projects that
24
result in relatively high reductions of GHG emissions while
25
increasing access to jobs and other destinations and providing
26
more affordable transportation options will receive a higher

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climate equity accessibility score than projects that fail to
2
deliver such benefits. To advance the goals of this Section
3
and optimize the use of public funds, the Department and MPOs
4
shall give priority to projects with high climate equity
5
accessibility scores, considering which project delivers the
6
most climate equity accessibility score benefit per dollar
7
invested. The Department, with the assistance of the
8
Environmental Protection Agency, shall provide technical
9
assistance to MPOs in fulfilling their responsibilities under
10
this subsection.

11

(l) To the full extent allowed by paragraph (4) of
12
subsection (k) of Section 5303 of Title 49 of the United States
13
Code and other applicable laws, and to extend the existing
14
authority under State law vested in the Chicago Metropolitan
15
Agency for Planning to MPOs throughout the State, MPOs, with
16
the full support of the Department, shall conduct housing
17
coordination planning to help the Department and MPOs meet
18
their 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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(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

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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
12
continuous opportunities for public participation in the
13
transportation planning process. The process shall be
14
proactive and provide timely information, adequate public
15
notice, reasonable public access, and opportunities for public
16
review and comment at key decision points in the process. The
17
objectives of public participation in the transportation
18
planning process include providing a mechanism for public
19
perspectives, needs, and ideas to be considered in the
20
planning process; developing the public's understanding of the
21
problems and opportunities facing the transportation system;
22
demonstrating explicit consideration and response to public
23
input through a variety of tools and techniques; and
24
developing a consensus on plans. The Department shall develop
25
a documented public participation process under 23 CFR 450.

26

(1) Under 23 CFR 450, Subpart B, the Department is

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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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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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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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(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, 2026, each applicable planning
15
document from the Department or MPO must include a
16
consolidated and comprehensive list of all project types to be
17
funded using any federal, State, or local funding source,
18
including bicycle, pedestrian, bus, rail, and roadway
19
projects, and shall include a summary of planned expenditures
20
by project type.

21

(o) Beginning September 30, 2026, the Department and MPOs
22
shall establish a social cost of carbon and use the social cost
23
of carbon in their applicable planning documents and other
24
planning 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

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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

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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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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.

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(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

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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, 2026, the Department shall
4
convene 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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(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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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 104th
25

General Assembly. The Working Group shall hold public
26

meetings no less than quarterly, shall actively seek

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public input, shall publish annual reports, and by June
2

30, 2028, 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, 2029, 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
21
Section shall commence with projects included in applicable
22
planning documents filed on or after January 1, 2028.

23

(r) The requirements of this Section are in addition to
24
and shall, to the extent practicable, be executed concurrently
25
with other requirements for transportation planning, project
26
prioritization, public outreach, project implementation, or

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transparency and accountability established by law, rule, or
2
policy.

3

(s) The requirements of this Section shall extend to the
4
Illinois State Toll Highway Authority and any other builder or
5
operator of a public highway under a public-private
6
partnership 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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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
10
changing 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
14
required due to emissions of greenhouse gases if the
15
equipment, site, or source is not subject to regulation, as
16
defined by 40 CFR 52.21, as now or hereafter amended, for
17
greenhouse gases or is otherwise not addressed in this Section
18
or by the Board in regulations for greenhouse gases. These
19
exemptions do not relieve an owner or operator from the
20
obligation to comply with other applicable rules or
21
regulations.
22

(b) An air pollution operating permit shall not be
23
required due to emissions of greenhouse gases if the
24
equipment, site, or source is not subject to regulation, as

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1
defined by Section 39.5 of this Act, for greenhouse gases or is
2
otherwise not addressed in this Section or by the Board in
3
regulations for greenhouse gases. These exemptions do not
4
relieve an owner or operator from the obligation to comply
5
with 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 CO
2
total
11
output emission as measured by the United States Environmental
12
Protection Agency in its Emissions & Generation Resource
13
Integrated Database (eGrid), or its successor.
14

"Carbon dioxide equivalent emissions" or "CO
2
e" means the
15
sum total of the mass amount of emissions in tons per year,
16
calculated by multiplying the mass amount of each of the 6
17
greenhouse gases specified in Section 3.207, in tons per year,
18
by its associated global warming potential as set forth in 40
19
CFR 98, subpart A, table A-1 or its successor, and then adding
20
them all together.
21

"Cogeneration" or "combined heat and power" refers to any
22
system that, either simultaneously or sequentially, produces
23
electricity and useful thermal energy from a single fuel
24
source.
25

"Copollutants" refers to the 6 criteria pollutants that
26
have been identified by the United States Environmental

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1
Protection Agency pursuant to the Clean Air Act.
2

"Electric generating unit" or "EGU" means a fossil
3
fuel-fired stationary boiler, combustion turbine, or combined
4
cycle system that serves a generator that has a nameplate
5
capacity greater than 25 MWe and produces electricity for
6
sale.
7

"Environmental justice community" means the definition of
8
that term based on existing methodologies and findings, used
9
and as may be updated by the Illinois Power Agency and its
10
program administrator in the Illinois Solar for All Program.
11

"Equity investment eligible community" or "eligible
12
community" means the geographic areas throughout Illinois that
13
would most benefit from equitable investments by the State
14
designed to combat discrimination and foster sustainable
15
economic growth. Specifically, eligible community means the
16
following 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

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1

Agency Act, excluding any racial or ethnic indicators.
2

"Equity investment eligible person" or "eligible person"
3
means the persons who would most benefit from equitable
4
investments by the State designed to combat discrimination and
5
foster sustainable economic growth. Specifically, eligible
6
person 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 CO
2
e, the total average tons-per-year of CO
2
e
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

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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
4
an EGU creates electric power exclusively from electrolytic
5
hydrogen, in a manner that produces zero carbon and
6
copollutant emissions, using hydrogen fuel that is
7
electrolyzed using a 100% renewable zero carbon emission
8
energy source.
9

"Large greenhouse gas-emitting unit" or "large
10
GHG-emitting unit" means a unit that is an electric generating
11
unit or other fossil fuel-fired unit that itself has a
12
nameplate capacity or serves a generator that has a nameplate
13
capacity greater than 25 MWe and that produces electricity,
14
including, but not limited to, coal-fired, coal-derived,
15
oil-fired, natural gas-fired, and cogeneration units.
16

"NO
x
emission rate" means the plant annual NO
x
total output
17
emission rate as measured by the United States Environmental
18
Protection Agency in its Emissions & Generation Resource
19
Integrated Database (eGrid), or its successor, in the most
20
recent year for which data is available.
21

"Public greenhouse gas-emitting units" or "public
22
GHG-emitting unit" means large greenhouse gas-emitting units,
23
including EGUs, that are wholly owned, directly or indirectly,
24
by one or more municipalities, municipal corporations, joint
25
municipal electric power agencies, electric cooperatives, or
26
other governmental or nonprofit entities, whether organized

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1
and created under the laws of Illinois or another state.
2

"SO
2
emission rate" means the "plant annual SO
2
total
3
output emission rate" as measured by the United States
4
Environmental Protection Agency in its Emissions & Generation
5
Resource Integrated Database (eGrid), or its successor, in the
6
most recent year for which data is available.
7

(g) All EGUs and large greenhouse gas-emitting units that
8
use coal or oil as a fuel and are not public GHG-emitting units
9
shall permanently reduce all CO
2
e and copollutant emissions to
10
zero no later than January 1, 2030.
11

(h) All EGUs and large greenhouse gas-emitting units that
12
use coal as a fuel and are public GHG-emitting units shall
13
permanently reduce CO
2
e emissions to zero no later than
14
December 31, 2045. Any source or plant with such units must
15
also reduce their CO
2
e emissions by 45% from existing
16
emissions by no later than January 1, 2035. If the emissions
17
reduction requirement is not achieved by December 31, 2035,
18
the plant shall retire one or more units or otherwise reduce
19
its CO
2
e emissions by 45% from existing emissions by June 30,
20
2038.
21

(i) All EGUs and large greenhouse gas-emitting units that
22
use gas as a fuel and are not public GHG-emitting units shall
23
permanently reduce all CO
2
e and copollutant emissions to zero,
24
including through unit retirement or the use of 100% green
25
hydrogen or other similar technology that is commercially
26
proven to achieve zero carbon emissions, according to the

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following:
2

(1) No later than January 1, 2030: all EGUs and large
3

greenhouse gas-emitting units that have a NO
x
emissions
4

rate of greater than 0.12 lbs/MWh or a SO
2
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 NO
x
emission
11

rate of greater than 0.12 lbs/MWh or a SO
2
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

CO
2
e emissions by at least 50% from its existing emissions
18

for CO
2
e, 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 NO
x
emission rate of less than

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1

or equal to 0.12 lb/MWh and a SO
2
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 CO
2
e emissions by at least 50% from
7

its existing emissions for CO
2
e 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

CO
2
e emissions by at least 50% from its existing emissions
14

for CO
2
e 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
18
use gas as a fuel and are public GHG-emitting units shall
19
permanently reduce all CO
2
e and copollutant emissions to zero,
20
including through unit retirement or the use of 100% green
21
hydrogen or other similar technology that is commercially
22
proven to achieve zero carbon emissions by January 1, 2045.
23

(k) All EGUs and large greenhouse gas-emitting units that
24
utilize combined heat and power or cogeneration technology
25
shall permanently reduce all CO
2
e and copollutant emissions to
26
zero, including through unit retirement or the use of 100%

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1
green hydrogen or other similar technology that is
2
commercially proven to achieve zero carbon emissions by
3
January 1, 2045.
4

(k-5) No EGU or large greenhouse gas-emitting unit that
5
uses gas as a fuel and is not a public GHG-emitting unit may
6
emit, in any 12-month period, CO
2
e or copollutants in excess of
7
that unit's existing emissions for those pollutants.
8

(l) Notwithstanding subsections (g) through (k-5), large
9
GHG-emitting units including EGUs may temporarily continue
10
emitting CO
2
e and copollutants after any applicable deadline
11
specified in any of subsections (g) through (k-5) if it has
12
been determined, as described in paragraphs (1) and (2) of
13
this subsection, that ongoing operation of the EGU is
14
necessary to maintain power grid supply and reliability or
15
ongoing operation of large GHG-emitting unit that is not an
16
EGU is necessary to serve as an emergency backup to
17
operations. Up to and including the occurrence of an emission
18
reduction deadline under subsection (i), all EGUs and large
19
GHG-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;

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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 CO
2
e 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
23
relief otherwise available in this Act may be granted to the
24
emissions reduction and elimination obligations in this
25
Section.
26

(n) By June 30 of each year, beginning in 2025, the Agency

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1
shall prepare and publish on its website a report setting
2
forth the actual greenhouse gas emissions from individual
3
units and the aggregate statewide emissions from all units for
4
the prior year.
5

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

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

(1) In developing the plan, the Environmental

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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

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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 CO
2
e 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 CO
2
e and copollutant emission

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1

reduction requirements identified in the plan.
2

(p) The goals of the State are to reduce greenhouse gas
3
emissions from the transportation sector in the State by at
4
least 80% from the 2005 level and achieve a net-zero emissions
5
transportation 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 2031 is hereby
9

established.
10

(2) By no later than September 30, 2026, 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 2031, 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

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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, 2026, the Agency, by rule, shall
21
establish a social cost of carbon, expressed in terms of
22
dollars per ton of CO
2
e.

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.)

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