EPA-GHG EMISSION LIMITS

Illinois General Assembly - Full Text of HB4798

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HB4798 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4798

Introduced , by Rep. Lawrence "Larry" Walsh, Jr.

SYNOPSIS AS INTRODUCED:

415 ILCS 5/9.15

Amends the Environmental Protection Act. In a provision establishing
greenhouse gas emission controls, authorizes an electric generating unit
or large GHG-emitting unit to continue operating if an emergency,
pre-emergency, or conservative operations situation exists. Provides that
no variance, adjusted standard, or other regulatory relief that is
otherwise available under the Act may be granted from the Act's greenhouse
gas emission controls if battery storage resources constitute at least 10%
of the total State-installed generation capacity. Provides that, if
battery storage resources constitute less than 10% of the total
State-installed generation capacity at any time after the effective date
of the amendatory Act, the Environmental Protection Agency shall delay
enforcement of certain greenhouse gas emission controls. Directs the
Environmental Protection Agency to adopt rules to implement these
requirements. Defines "battery storage resource" and "total
State-installed generation capacity". Makes other changes. Effective
immediately.
LRB104 20250 TRT 33701 b

A BILL FOR

HB4798
LRB104 20250 TRT 33701 b
1

AN ACT concerning regulation.

2

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

4

Section 5.
The Environmental Protection Act is amended by
5
changing Section 9.15 as follows:

6

(415 ILCS 5/9.15)
7

(Text of Section before amendment by P.A. 104-458
)
8

Sec. 9.15.
Greenhouse gases.
9

(a) An air pollution construction permit shall not be
10
required due to emissions of greenhouse gases if the
11
equipment, site, or source is not subject to regulation, as
12
defined by 40 CFR 52.21, as now or hereafter amended, for
13
greenhouse gases or is otherwise not addressed in this Section
14
or by the Board in regulations for greenhouse gases. These
15
exemptions do not relieve an owner or operator from the
16
obligation to comply with other applicable rules or
17
regulations.
18

(b) An air pollution operating permit shall not be
19
required due to emissions of greenhouse gases if the
20
equipment, site, or source is not subject to regulation, as
21
defined by Section 39.5 of this Act, for greenhouse gases or is
22
otherwise not addressed in this Section or by the Board in
23
regulations for greenhouse gases. These exemptions do not

HB4798
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1
relieve an owner or operator from the obligation to comply
2
with other applicable rules or regulations.
3

(c) (Blank).
4

(d) (Blank).
5

(e) (Blank).
6

(f) As used in this Section:
7

"Carbon dioxide emission" means the plant annual CO
2
total
8
output emission as measured by the United States Environmental
9
Protection Agency in its Emissions & Generation Resource
10
Integrated Database (eGrid), or its successor.
11

"Carbon dioxide equivalent emissions" or "CO
2
e" means the
12
sum total of the mass amount of emissions in tons per year,
13
calculated by multiplying the mass amount of each of the 6
14
greenhouse gases specified in Section 3.207, in tons per year,
15
by its associated global warming potential as set forth in 40
16
CFR 98, subpart A, table A-1 or its successor, and then adding
17
them all together.
18

"Cogeneration" or "combined heat and power" refers to any
19
system that, either simultaneously or sequentially, produces
20
electricity and useful thermal energy from a single fuel
21
source.
22

"Copollutants" refers to the 6 criteria pollutants that
23
have been identified by the United States Environmental
24
Protection Agency pursuant to the Clean Air Act.
25

"Electric generating unit" or "EGU" means a fossil
26
fuel-fired stationary boiler, combustion turbine, or combined

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1
cycle system that serves a generator that has a nameplate
2
capacity greater than 25 MWe and produces electricity for
3
sale.
4

"Environmental justice community" means the definition of
5
that term based on existing methodologies and findings, used
6
and as may be updated by the Illinois Power Agency and its
7
program administrator in the Illinois Solar for All Program.
8

"Equity investment eligible community" or "eligible
9
community" means the geographic areas throughout Illinois that
10
would most benefit from equitable investments by the State
11
designed to combat discrimination and foster sustainable
12
economic growth. Specifically, eligible community means the
13
following areas:
14

(1) areas where residents have been historically
15

excluded from economic opportunities, including
16

opportunities in the energy sector, as defined as R3 areas
17

pursuant to Section 10-40 of the Cannabis Regulation and
18

Tax Act; and
19

(2) areas where residents have been historically
20

subject to disproportionate burdens of pollution,
21

including pollution from the energy sector, as established
22

by environmental justice communities as defined by the
23

Illinois Power Agency pursuant to the Illinois Power
24

Agency Act, excluding any racial or ethnic indicators.
25

"Equity investment eligible person" or "eligible person"
26
means the persons who would most benefit from equitable

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1
investments by the State designed to combat discrimination and
2
foster sustainable economic growth. Specifically, eligible
3
person means the following people:
4

(1) persons whose primary residence is in an equity
5

investment eligible community;
6

(2) persons whose primary residence is in a
7

municipality, or a county with a population under 100,000,
8

where the closure of an electric generating unit or mine
9

has been publicly announced or the electric generating
10

unit or mine is in the process of closing or closed within
11

the last 5 years;
12

(3) persons who are graduates of or currently enrolled
13

in the foster care system; or
14

(4) persons who were formerly incarcerated.
15

"Existing emissions" means:
16

(1) for CO
2
e, the total average tons-per-year of CO
2
e
17

emitted by the EGU or large GHG-emitting unit either in
18

the years 2018 through 2020 or, if the unit was not yet in
19

operation by January 1, 2018, in the first 3 full years of
20

that unit's operation; and
21

(2) for any copollutant, the total average
22

tons-per-year of that copollutant emitted by the EGU or
23

large GHG-emitting unit either in the years 2018 through
24

2020 or, if the unit was not yet in operation by January 1,
25

2018, in the first 3 full years of that unit's operation.
26

"Green hydrogen" means a power plant technology in which

HB4798
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1
an EGU creates electric power exclusively from electrolytic
2
hydrogen, in a manner that produces zero carbon and
3
copollutant emissions, using hydrogen fuel that is
4
electrolyzed using a 100% renewable zero carbon emission
5
energy source.
6

"Large greenhouse gas-emitting unit" or "large
7
GHG-emitting unit" means a unit that is an electric generating
8
unit or other fossil fuel-fired unit that itself has a
9
nameplate capacity or serves a generator that has a nameplate
10
capacity greater than 25 MWe and that produces electricity,
11
including, but not limited to, coal-fired, coal-derived,
12
oil-fired, natural gas-fired, and cogeneration units.
13

"NO
x
emission rate" means the plant annual NO
x
total output
14
emission rate as measured by the United States Environmental
15
Protection Agency in its Emissions & Generation Resource
16
Integrated Database (eGrid), or its successor, in the most
17
recent year for which data is available.
18

"Public greenhouse gas-emitting units" or "public
19
GHG-emitting unit" means large greenhouse gas-emitting units,
20
including EGUs, that are wholly owned, directly or indirectly,
21
by one or more municipalities, municipal corporations, joint
22
municipal electric power agencies, electric cooperatives, or
23
other governmental or nonprofit entities, whether organized
24
and created under the laws of Illinois or another state.
25

"SO
2
emission rate" means the "plant annual SO
2
total
26
output emission rate" as measured by the United States

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1
Environmental Protection Agency in its Emissions & Generation
2
Resource Integrated Database (eGrid), or its successor, in the
3
most recent year for which data is available.
4

(g) All EGUs and large greenhouse gas-emitting units that
5
use coal or oil as a fuel and are not public GHG-emitting units
6
shall permanently reduce all CO
2
e and copollutant emissions to
7
zero no later than January 1, 2030.
8

(h) All EGUs and large greenhouse gas-emitting units that
9
use coal as a fuel and are public GHG-emitting units shall
10
permanently reduce CO
2
e emissions to zero no later than
11
December 31, 2045. Any source or plant with such units must
12
also reduce their CO
2
e emissions by 45% from existing
13
emissions by no later than January 1, 2035. If the emissions
14
reduction requirement is not achieved by December 31, 2035,
15
the plant shall retire one or more units or otherwise reduce
16
its CO
2
e emissions by 45% from existing emissions by June 30,
17
2038.
18

(i) All EGUs and large greenhouse gas-emitting units that
19
use gas as a fuel and are not public GHG-emitting units shall
20
permanently reduce all CO
2
e and copollutant emissions to zero,
21
including through unit retirement or the use of 100% green
22
hydrogen or other similar technology that is commercially
23
proven to achieve zero carbon emissions, according to the
24
following:
25

(1) No later than January 1, 2030: all EGUs and large
26

greenhouse gas-emitting units that have a NO
x
emissions

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1

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

greater than 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.
6

(2) No later than January 1, 2040: all EGUs and large
7

greenhouse gas-emitting units that have a NO
x
emission
8

rate of greater than 0.12 lbs/MWh or a SO
2
emission rate
9

greater than 0.006 lb/MWh, and are not located in or
10

within 3 miles of an environmental justice community
11

designated as of January 1, 2021 or an equity investment
12

eligible community. After January 1, 2035, each such EGU
13

and large greenhouse gas-emitting unit shall reduce its
14

CO
2
e emissions by at least 50% from its existing emissions
15

for CO
2
e, and shall be limited in operation to, on average,
16

6 hours or less per day, measured over a calendar year, and
17

shall not run for more than 24 consecutive hours except in
18

emergency conditions, as designated by a Regional
19

Transmission Organization or Independent System Operator.
20

(3) No later than January 1, 2035: all EGUs and large
21

greenhouse gas-emitting units that began operation prior
22

to the effective date of this amendatory Act of the 102nd
23

General Assembly and have a NO
x
emission rate of less than
24

or equal to 0.12 lb/MWh and a SO
2
emission rate less than
25

or equal to 0.006 lb/MWh, and are located in or within 3
26

miles of an environmental justice community designated as

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1

of January 1, 2021 or an equity investment eligible
2

community. Each such EGU and large greenhouse gas-emitting
3

unit shall reduce its CO
2
e emissions by at least 50% from
4

its existing emissions for CO
2
e no later than January 1,
5

2030.
6

(4) No later than January 1, 2040: All remaining EGUs
7

and large greenhouse gas-emitting units that have a heat
8

rate greater than or equal to 7000 BTU/kWh. Each such EGU
9

and Large greenhouse gas-emitting unit shall reduce its
10

CO
2
e emissions by at least 50% from its existing emissions
11

for CO
2
e no later than January 1, 2035.
12

(5) No later than January 1, 2045: all remaining EGUs
13

and large greenhouse gas-emitting units.
14

(j) All EGUs and large greenhouse gas-emitting units that
15
use gas as a fuel and are public GHG-emitting units shall
16
permanently reduce all CO
2
e and copollutant emissions to zero,
17
including through unit retirement or the use of 100% green
18
hydrogen or other similar technology that is commercially
19
proven to achieve zero carbon emissions by January 1, 2045.
20

(k) All EGUs and large greenhouse gas-emitting units that
21
utilize combined heat and power or cogeneration technology
22
shall permanently reduce all CO
2
e and copollutant emissions to
23
zero, including through unit retirement or the use of 100%
24
green hydrogen or other similar technology that is
25
commercially proven to achieve zero carbon emissions by
26
January 1, 2045.

HB4798
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LRB104 20250 TRT 33701 b
1

(k-5) No EGU or large greenhouse gas-emitting unit that
2
uses gas as a fuel and is not a public GHG-emitting unit may
3
emit, in any 12-month period, CO
2
e or copollutants in excess of
4
that unit's existing emissions for those pollutants.
5

(l) Notwithstanding subsections (g) through (k-5), large
6
GHG-emitting units including EGUs may temporarily continue
7
emitting CO
2
e and copollutants after any applicable deadline
8
specified in any of subsections (g) through (k-5) if it has
9
been determined, as described in paragraphs (1) and (2) of
10
this subsection, that ongoing operation of the EGU is
11
necessary to maintain power grid supply and reliability or
12
ongoing operation of large GHG-emitting unit that is not an
13
EGU is necessary to serve as an emergency backup to
14
operations. Up to and including the occurrence of an emission
15
reduction deadline under subsection (i), all EGUs and large
16
GHG-emitting units must comply with the following terms:
17

(1) if an EGU or large GHG-emitting unit that is a
18

participant in a regional transmission organization
19

intends to retire, it must submit documentation to the
20

appropriate regional transmission organization by the
21

appropriate deadline that meets all applicable regulatory
22

requirements necessary to obtain approval to permanently
23

cease operating the large GHG-emitting unit;
24

(2) if any EGU or large GHG-emitting unit that is a
25

participant in a regional transmission organization
26

receives notice that the regional transmission

HB4798
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LRB104 20250 TRT 33701 b
1

organization has determined that continued operation of
2

the unit is required, the unit may continue operating
3

until the issue identified by the regional transmission
4

organization is resolved. The owner or operator of the
5

unit must cooperate with the regional transmission
6

organization in resolving the issue and must reduce its
7

emissions to zero, consistent with the requirements under
8

subsection (g), (h), (i), (j), (k), or (k-5), as
9

applicable, as soon as practicable when the issue
10

identified by the regional transmission organization is
11

resolved; and
12

(3) any large GHG-emitting unit that is not a
13

participant in a regional transmission organization shall
14

be allowed to continue emitting CO
2
e and copollutants
15

after the zero-emission date specified in subsection (g),
16

(h), (i), (j), (k), or (k-5), as applicable, in the
17

capacity of an emergency backup unit if approved by the
18

Illinois Commerce Commission.
19

(m) No variance, adjusted standard, or other regulatory
20
relief otherwise available in this Act may be granted to the
21
emissions reduction and elimination obligations in this
22
Section.
23

(n) By June 30 of each year, beginning in 2025, the Agency
24
shall prepare and publish on its website a report setting
25
forth the actual greenhouse gas emissions from individual
26
units and the aggregate statewide emissions from all units for

HB4798
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LRB104 20250 TRT 33701 b
1
the prior year.
2

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

HB4798
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1
and demand response utilization, transmission capacity, and
2
the CO
2
e and copollutant emissions reductions required by
3
subsection (i) or (k-5) reasonably demonstrate that a resource
4
adequacy shortfall will occur, including whether there will be
5
sufficient in-state capacity to meet the zonal requirements of
6
MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
7
regional transmission organizations, or that the regional
8
transmission operators determine that a reliability violation
9
will occur during the time frame the study is evaluating, then
10
the Illinois Power Agency, in conjunction with the
11
Environmental Protection Agency shall develop a plan to reduce
12
or delay CO
2
e and copollutant emissions reductions
13
requirements only to the extent and for the duration necessary
14
to meet the resource adequacy and reliability needs of the
15
State, including allowing any plants whose emission reduction
16
deadline has been identified in the plan as creating a
17
reliability concern to continue operating, including operating
18
with reduced emissions or as emergency backup where
19
appropriate. The plan shall also consider the use of renewable
20
energy, energy storage, demand response, transmission
21
development, or other strategies to resolve the identified
22
resource adequacy shortfall or reliability violation.
23

(1) In developing the plan, the Environmental
24

Protection Agency and the Illinois Power Agency shall hold
25

at least one workshop open to, and accessible at a time and
26

place convenient to, the public and shall consider any

HB4798
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LRB104 20250 TRT 33701 b
1

comments made by stakeholders or the public. Upon
2

development of the plan, copies of the plan shall be
3

posted and made publicly available on the Environmental
4

Protection Agency's, the Illinois Power Agency's, and the
5

Illinois Commerce Commission's websites. All interested
6

parties shall have 60 days following the date of posting
7

to provide comment to the Environmental Protection Agency
8

and the Illinois Power Agency on the plan. All comments
9

submitted to the Environmental Protection Agency and the
10

Illinois Power Agency shall be encouraged to be specific,
11

supported by data or other detailed analyses, and, if
12

objecting to all or a portion of the plan, accompanied by
13

specific alternative wording or proposals. All comments
14

shall be posted on the Environmental Protection Agency's,
15

the Illinois Power Agency's, and the Illinois Commerce
16

Commission's websites. Within 30 days following the end of
17

the 60-day review period, the Environmental Protection
18

Agency and the Illinois Power Agency shall revise the plan
19

as necessary based on the comments received and file its
20

revised plan with the Illinois Commerce Commission for
21

approval.
22

(2) Within 60 days after the filing of the revised
23

plan at the Illinois Commerce Commission, any person
24

objecting to the plan shall file an objection with the
25

Illinois Commerce Commission. Within 30 days after the
26

expiration of the comment period, the Illinois Commerce

HB4798
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LRB104 20250 TRT 33701 b
1

Commission shall determine whether an evidentiary hearing
2

is necessary. The Illinois Commerce Commission shall also
3

host 3 public hearings within 90 days after the plan is
4

filed. Following the evidentiary and public hearings, the
5

Illinois Commerce Commission shall enter its order
6

approving or approving with modifications the reliability
7

mitigation plan within 180 days.
8

(3) The Illinois Commerce Commission shall only
9

approve the plan if the Illinois Commerce Commission
10

determines that it will resolve the resource adequacy or
11

reliability deficiency identified in the reliability
12

mitigation plan at the least amount of CO
2
e and copollutant
13

emissions, taking into consideration the emissions impacts
14

on environmental justice communities, and that it will
15

ensure adequate, reliable, affordable, efficient, and
16

environmentally sustainable electric service at the lowest
17

total cost over time, taking into account the impact of
18

increases in emissions.
19

(4) If the resource adequacy or reliability deficiency
20

identified in the reliability mitigation plan is resolved
21

or reduced, the Environmental Protection Agency and the
22

Illinois Power Agency may file an amended plan adjusting
23

the reduction or delay in CO
2
e and copollutant emission
24

reduction requirements identified in the plan.
25
(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)

HB4798
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LRB104 20250 TRT 33701 b
1

(Text of Section after amendment by P.A. 104-458
)
2

Sec. 9.15.
Greenhouse gases.
3

(a) An air pollution construction permit shall not be
4
required due to emissions of greenhouse gases if the
5
equipment, site, or source is not subject to regulation, as
6
defined by 40 CFR 52.21, as now or hereafter amended, for
7
greenhouse gases or is otherwise not addressed in this Section
8
or by the Board in regulations for greenhouse gases. These
9
exemptions do not relieve an owner or operator from the
10
obligation to comply with other applicable rules or
11
regulations.
12

(b) An air pollution operating permit shall not be
13
required due to emissions of greenhouse gases if the
14
equipment, site, or source is not subject to regulation, as
15
defined by Section 39.5 of this Act, for greenhouse gases or is
16
otherwise not addressed in this Section or by the Board in
17
regulations for greenhouse gases. These exemptions do not
18
relieve an owner or operator from the obligation to comply
19
with other applicable rules or regulations.
20

(c) (Blank).
21

(d) (Blank).
22

(e) (Blank).
23

(f) As used in this Section:
24

"Battery storage resource" means any device or assembly of
25
devices that is (i) either installed as a stand-alone system
26
or tied to a power generation system, (ii) used for the primary

HB4798
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1
purpose of storing energy for wholesale or retail sale and not
2
primarily for storage to later consume on the property on
3
which the device resides, and (iii) an energy storage system,
4
as defined in Section 16-135 of the Public Utilities Act.

5

"Carbon dioxide emission" means the plant annual CO
2
total
6
output emission as measured by the United States Environmental
7
Protection Agency in its Emissions & Generation Resource
8
Integrated Database (eGrid), or its successor.
9

"Carbon dioxide equivalent emissions" or "CO
2
e" means the
10
sum total of the mass amount of emissions in tons per year,
11
calculated by multiplying the mass amount of each of the 6
12
greenhouse gases specified in Section 3.207, in tons per year,
13
by its associated global warming potential as set forth in 40
14
CFR 98, subpart A, table A-1 or its successor, and then adding
15
them all together.
16

"Cogeneration" or "combined heat and power" refers to any
17
system that, either simultaneously or sequentially, produces
18
electricity and useful thermal energy from a single fuel
19
source.
20

"Copollutants" refers to the 6 criteria pollutants that
21
have been identified by the United States Environmental
22
Protection Agency pursuant to the Clean Air Act.
23

"Electric generating unit" or "EGU" means a fossil
24
fuel-fired stationary boiler, combustion turbine, or combined
25
cycle system that serves a generator that has a nameplate
26
capacity greater than 25 MWe and produces electricity for

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1
sale.
2

"Environmental justice community" means the definition of
3
that term based on existing methodologies and findings, used
4
and as may be updated by the Illinois Power Agency and its
5
program administrator in the Illinois Solar for All Program.
6

"Equity investment eligible community" or "eligible
7
community" means the geographic areas throughout Illinois that
8
would most benefit from equitable investments by the State
9
designed to combat discrimination and foster sustainable
10
economic growth. Specifically, eligible community means the
11
following areas:
12

(1) areas where residents have been historically
13

excluded from economic opportunities, including
14

opportunities in the energy sector, as defined as R3 areas
15

pursuant to Section 10-40 of the Cannabis Regulation and
16

Tax Act; and
17

(2) areas where residents have been historically
18

subject to disproportionate burdens of pollution,
19

including pollution from the energy sector, as established
20

by environmental justice communities as defined by the
21

Illinois Power Agency pursuant to the Illinois Power
22

Agency Act, excluding any racial or ethnic indicators.
23

"Equity investment eligible person" or "eligible person"
24
means the persons who would most benefit from equitable
25
investments by the State designed to combat discrimination and
26
foster sustainable economic growth. Specifically, eligible

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person means the following people:
2

(1) persons whose primary residence is in an equity
3

investment eligible community;
4

(2) persons whose primary residence is in a
5

municipality, or a county with a population under 100,000,
6

where the closure of an electric generating unit or mine
7

has been publicly announced or the electric generating
8

unit or mine is in the process of closing or closed within
9

the last 5 years;
10

(3) persons who are graduates of or currently enrolled
11

in the foster care system; or
12

(4) persons who were formerly incarcerated.
13

"Existing emissions" means:
14

(1) for CO
2
e, the total average tons-per-year of CO
2
e
15

emitted by the EGU or large GHG-emitting unit either in
16

the years 2018 through 2020 or, if the unit was not yet in
17

operation by January 1, 2018, in the first 3 full years of
18

that unit's operation; and
19

(2) for any copollutant, the total average
20

tons-per-year of that copollutant emitted by the EGU or
21

large GHG-emitting unit either in the years 2018 through
22

2020 or, if the unit was not yet in operation by January 1,
23

2018, in the first 3 full years of that unit's operation.
24

"Green hydrogen" means a power plant technology in which
25
an EGU creates electric power exclusively from electrolytic
26
hydrogen, in a manner that produces zero carbon and

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copollutant emissions, using hydrogen fuel that is
2
electrolyzed using a 100% renewable zero carbon emission
3
energy source.
4

"Large greenhouse gas-emitting unit" or "large
5
GHG-emitting unit" means a unit that is an electric generating
6
unit or other fossil fuel-fired unit that itself has a
7
nameplate capacity or serves a generator that has a nameplate
8
capacity greater than 25 MWe and that produces electricity,
9
including, but not limited to, coal-fired, coal-derived,
10
oil-fired, natural gas-fired, and cogeneration units.
11

"NO
x
emission rate" means the plant annual NO
x
total output
12
emission rate as measured by the United States Environmental
13
Protection Agency in its Emissions & Generation Resource
14
Integrated Database (eGrid), or its successor, in the most
15
recent year for which data is available.
16

"Public greenhouse gas-emitting units" or "public
17
GHG-emitting unit" means large greenhouse gas-emitting units,
18
including EGUs, that are wholly owned, directly or indirectly,
19
by one or more municipalities, municipal corporations, joint
20
municipal electric power agencies, electric cooperatives, or
21
other governmental or nonprofit entities, whether organized
22
and created under the laws of Illinois or another state.
23

"SO
2
emission rate" means the "plant annual SO
2
total
24
output emission rate" as measured by the United States
25
Environmental Protection Agency in its Emissions & Generation
26
Resource Integrated Database (eGrid), or its successor, in the

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most recent year for which data is available.
2

"Total State-installed generation capacity" means the
3
electric power industry capacity in Illinois by primary energy
4
source as of September 15, 2021, as published by the United
5
States Energy Information Administration.
6

(g) All EGUs and large greenhouse gas-emitting units that
7
use coal or oil as a fuel and are not public GHG-emitting units
8
shall permanently reduce all CO
2
e and copollutant emissions to
9
zero no later than January 1, 2030.
10

(h) All EGUs and large greenhouse gas-emitting units that
11
use coal as a fuel and are public GHG-emitting units shall
12
permanently reduce CO
2
e emissions to zero no later than
13
December 31, 2045. Any source or plant with such units must
14
also reduce their CO
2
e emissions by 45% from existing
15
emissions by no later than January 1, 2035. If the emissions
16
reduction requirement is not achieved by December 31, 2035,
17
the plant shall retire one or more units or otherwise reduce
18
its CO
2
e emissions by 45% from existing emissions by June 30,
19
2038.
20

(i) All EGUs and large greenhouse gas-emitting units that
21
use gas as a fuel and are not public GHG-emitting units shall
22
permanently reduce all CO
2
e and copollutant emissions to zero,
23
including through unit retirement or the use of 100% green
24
hydrogen or other similar technology that is commercially
25
proven to achieve zero carbon emissions, according to the
26
following:

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1

(1) No later than January 1, 2030: all EGUs and large
2

greenhouse gas-emitting units that have a NO
x
emissions
3

rate of greater than 0.12 lbs/MWh or a SO
2
emission rate of
4

greater than 0.006 lb/MWh, and are located in or within 3
5

miles of an environmental justice community designated as
6

of January 1, 2021 or an equity investment eligible
7

community.
8

(2) No later than January 1, 2040: all EGUs and large
9

greenhouse gas-emitting units that have a NO
x
emission
10

rate of greater than 0.12 lbs/MWh or a SO
2
emission rate
11

greater than 0.006 lb/MWh, and are not located in or
12

within 3 miles of an environmental justice community
13

designated as of January 1, 2021 or an equity investment
14

eligible community. After January 1, 2035, each such EGU
15

and large greenhouse gas-emitting unit shall reduce its
16

CO
2
e emissions by at least 50% from its existing emissions
17

for CO
2
e, and shall be limited in operation to, on average,
18

6 hours or less per day, measured over a calendar year, and
19

shall not run for more than 24 consecutive hours except in
20

emergency conditions, as designated by a Regional
21

Transmission Organization or Independent System Operator.
22

(3) No later than January 1, 2035: all EGUs and large
23

greenhouse gas-emitting units that began operation prior
24

to the effective date of this amendatory Act of the 102nd
25

General Assembly and have a NO
x
emission rate of less than
26

or equal to 0.12 lb/MWh and a SO
2
emission rate less than

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1

or equal to 0.006 lb/MWh, and are located in or within 3
2

miles of an environmental justice community designated as
3

of January 1, 2021 or an equity investment eligible
4

community. Each such EGU and large greenhouse gas-emitting
5

unit shall reduce its CO
2
e emissions by at least 50% from
6

its existing emissions for CO
2
e no later than January 1,
7

2030.
8

(4) No later than January 1, 2040: All remaining EGUs
9

and large greenhouse gas-emitting units that have a heat
10

rate greater than or equal to 7000 BTU/kWh. Each such EGU
11

and Large greenhouse gas-emitting unit shall reduce its
12

CO
2
e emissions by at least 50% from its existing emissions
13

for CO
2
e no later than January 1, 2035.
14

(5) No later than January 1, 2045: all remaining EGUs
15

and large greenhouse gas-emitting units.
16

(j) All EGUs and large greenhouse gas-emitting units that
17
use gas as a fuel and are public GHG-emitting units shall
18
permanently reduce all CO
2
e and copollutant emissions to zero,
19
including through unit retirement or the use of 100% green
20
hydrogen or other similar technology that is commercially
21
proven to achieve zero carbon emissions by January 1, 2045.
22

(k) All EGUs and large greenhouse gas-emitting units that
23
utilize combined heat and power or cogeneration technology
24
shall permanently reduce all CO
2
e and copollutant emissions to
25
zero, including through unit retirement or the use of 100%
26
green hydrogen or other similar technology that is

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1
commercially proven to achieve zero carbon emissions by
2
January 1, 2045.
3

(k-5)
Except as provided in subsection (m) of this
4
Section, no

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
an emergency,
5

pre-emergency, or conservative operations situation exists
6

or that
continued operation of the unit is required, the
7

unit may continue operating until the issue identified by
8

the regional transmission organization is resolved. The
9

owner or operator of the unit must cooperate with the
10

regional transmission organization in resolving the issue
11

and must reduce its emissions to zero, consistent with the
12

requirements under subsection (g), (h), (i), (j), (k), or
13

(k-5), as applicable, as soon as practicable when the
14

issue identified by the regional transmission organization
15

is resolved; and
16

(3) any large GHG-emitting unit that is not a
17

participant in a regional transmission organization shall
18

be allowed to continue emitting CO
2
e and copollutants
19

after the zero-emission date specified in subsection (g),
20

(h), (i), (j), (k), or (k-5), as applicable, in the
21

capacity of an emergency backup unit if approved by the
22

Illinois Commerce Commission.
23

(m) No variance, adjusted standard, or other regulatory
24
relief otherwise available in this Act may be granted to the
25
emissions reduction and elimination obligations in this
26
Section
if battery storage resources constitute at least 10%

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1
of the total State-installed generation capacity in the State.
2
If battery storage resources constitute less than 10% of the
3
total State-installed generation capacity at any time after
4
the effective date of this amendatory Act of the 104th General
5
Assembly, the Agency shall delay enforcement of the timelines
6
in paragraphs (1) through (5) of subsection (i) and relieve
7
generators of their obligation not to exceed their existing
8
emission levels, as described in subsection (k-5). For a large
9
GHG-emitting unit that uses gas as a fuel and is subject to the
10
restrictions of subsection (k-5) of this Section, the unit may
11
exceed its existing emissions during run hours dispatched by a
12
regional transmission organization during emergency,
13
pre-emergency, or conservative operations or run hours that
14
are required to maintain system reliability
.
15

(n) By June 30 of each year, beginning in 2025, the Agency
16
shall prepare and publish on its website a report setting
17
forth the actual greenhouse gas emissions from individual
18
units and the aggregate statewide emissions from all units for
19
the prior year.
20

(o) The Environmental Protection Agency, Illinois Power
21
Agency, and Illinois Commerce Commission shall jointly
22
prepare, and release publicly, a report to the General
23
Assembly that examines the State's current progress toward its
24
renewable energy resource development goals, the status of
25
CO
2
e and copollutant emissions reductions, the current status
26
and progress toward developing and implementing green hydrogen

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1
technologies, the current and projected status of electric
2
resource adequacy and reliability throughout the State for the
3
period beginning 5 years ahead, and proposed solutions for any
4
findings. The Environmental Protection Agency, Illinois Power
5
Agency, and Illinois Commerce Commission shall consult PJM
6
Interconnection, LLC and Midcontinent Independent System
7
Operator, Inc., or their respective successor organizations
8
regarding forecasted resource adequacy and reliability needs,
9
anticipated new generation interconnection, new transmission
10
development or upgrades, and any announced large GHG-emitting
11
unit closure dates and include this information in the report.
12
The report shall be released publicly by no later than
13
December 15 of the year it is prepared. If the Environmental
14
Protection Agency, Illinois Power Agency, and Illinois
15
Commerce Commission jointly conclude in the report that the
16
data from the regional grid operators, the pace of renewable
17
energy development, the pace of development of energy storage
18
and demand response utilization, transmission capacity, and
19
the CO
2
e and copollutant emissions reductions required by
20
subsection (i) or (k-5) reasonably demonstrate that a resource
21
adequacy shortfall will occur, including whether there will be
22
sufficient in-state capacity to meet the zonal requirements of
23
MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
24
regional transmission organizations, or that the regional
25
transmission operators determine that a reliability violation
26
will occur during the time frame the study is evaluating, then

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1
the Illinois Power Agency, in conjunction with the
2
Environmental Protection Agency shall develop a plan to reduce
3
or delay CO
2
e and copollutant emissions reductions
4
requirements only to the extent and for the duration necessary
5
to meet the resource adequacy and reliability needs of the
6
State, including allowing any plants whose emission reduction
7
deadline has been identified in the plan as creating a
8
reliability concern to continue operating, including operating
9
with reduced emissions or as emergency backup where
10
appropriate. The plan shall also consider the use of renewable
11
energy, energy storage, demand response, transmission
12
development, or other strategies to resolve the identified
13
resource adequacy shortfall or reliability violation.
14

(1) In developing the plan, the Environmental
15

Protection Agency and the Illinois Power Agency shall hold
16

at least one workshop open to, and accessible at a time and
17

place convenient to, the public and shall consider any
18

comments made by stakeholders or the public. Upon
19

development of the plan, copies of the plan shall be
20

posted and made publicly available on the Environmental
21

Protection Agency's, the Illinois Power Agency's, and the
22

Illinois Commerce Commission's websites. All interested
23

parties shall have 60 days following the date of posting
24

to provide comment to the Environmental Protection Agency
25

and the Illinois Power Agency on the plan. All comments
26

submitted to the Environmental Protection Agency and the

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1

Illinois Power Agency shall be encouraged to be specific,
2

supported by data or other detailed analyses, and, if
3

objecting to all or a portion of the plan, accompanied by
4

specific alternative wording or proposals. All comments
5

shall be posted on the Environmental Protection Agency's,
6

the Illinois Power Agency's, and the Illinois Commerce
7

Commission's websites. Within 30 days following the end of
8

the 60-day review period, the Environmental Protection
9

Agency and the Illinois Power Agency shall revise the plan
10

as necessary based on the comments received and file its
11

revised plan with the Illinois Commerce Commission for
12

approval.
13

(2) Within 60 days after the filing of the revised
14

plan at the Illinois Commerce Commission, any person
15

objecting to the plan shall file an objection with the
16

Illinois Commerce Commission. Within 30 days after the
17

expiration of the comment period, the Illinois Commerce
18

Commission shall determine whether an evidentiary hearing
19

is necessary. The Illinois Commerce Commission shall also
20

host 3 public hearings within 90 days after the plan is
21

filed. Following the evidentiary and public hearings, the
22

Illinois Commerce Commission shall enter its order
23

approving or approving with modifications the reliability
24

mitigation plan within 180 days.
25

(3) The Illinois Commerce Commission shall only
26

approve the plan if the Illinois Commerce Commission

HB4798
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1

determines that it will resolve the resource adequacy or
2

reliability deficiency identified in the reliability
3

mitigation plan at the least amount of CO
2
e and copollutant
4

emissions, taking into consideration the emissions impacts
5

on environmental justice communities, and that it will
6

ensure adequate, reliable, affordable, efficient, and
7

environmentally sustainable electric service at the lowest
8

total cost over time, taking into account the impact of
9

increases in emissions.
10

(4) If the resource adequacy or reliability deficiency
11

identified in the reliability mitigation plan is resolved
12

or reduced, the Environmental Protection Agency and the
13

Illinois Power Agency may file an amended plan adjusting
14

the reduction or delay in CO
2
e and copollutant emission
15

reduction requirements identified in the plan.
16

(p) The Agency shall adopt rules implementing this Section
17
no later than July 1, 2027.

18
(Source: P.A. 104-458, eff. 6-1-26.)

19

Section 95.
No acceleration or delay.
Where this Act makes
20
changes in a statute that is represented in this Act by text
21
that is not yet or no longer in effect (for example, a Section
22
represented by multiple versions), the use of that text does
23
not accelerate or delay the taking effect of (i) the changes
24
made by this Act or (ii) provisions derived from any other
25
Public Act.

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1

Section 99.
Effective date.
This Act takes effect upon
2
becoming law.

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