EPA-GHG-EMITTING-GAS-DEADLINES

Illinois General Assembly - Full Text of HB5537

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB5537

Home

Legislation

Full Text

HB5537 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5537

Introduced 2/13/2026, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

415 ILCS 5/9.15

Amends the Environmental Protection Act. In provisions regarding
greenhouse gases, deletes provisions requiring electric generating units
and large greenhouse gas-emitting units that use gas as a fuel or that use
cogeneration technology to permanently reduce all CO
2
e and copollutant
emissions to zero by certain dates and makes conforming changes.
LRB104 16312 BDA 29698 b

A BILL FOR

HB5537
LRB104 16312 BDA 29698 b
1

AN ACT concerning safety.

2

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

4

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

6

(415 ILCS 5/9.15)
7

Sec. 9.15.
Greenhouse gases.
8

(a) An air pollution construction permit shall not be
9
required due to emissions of greenhouse gases if the
10
equipment, site, or source is not subject to regulation, as
11
defined by 40 CFR 52.21, as now or hereafter amended, for
12
greenhouse gases or is otherwise not addressed in this Section
13
or by the Board in regulations for greenhouse gases. These
14
exemptions do not relieve an owner or operator from the
15
obligation to comply with other applicable rules or
16
regulations.
17

(b) An air pollution operating permit shall not be
18
required due to emissions of greenhouse gases if the
19
equipment, site, or source is not subject to regulation, as
20
defined by Section 39.5 of this Act, for greenhouse gases or is
21
otherwise not addressed in this Section or by the Board in
22
regulations for greenhouse gases. These exemptions do not
23
relieve an owner or operator from the obligation to comply

HB5537
- 2 -
LRB104 16312 BDA 29698 b
1
with other applicable rules or regulations.
2

(c) (Blank).
3

(d) (Blank).
4

(e) (Blank).
5

(f) As used in this Section:
6

"Carbon dioxide emission" means the plant annual CO
2
total
7
output emission as measured by the United States Environmental
8
Protection Agency in its Emissions & Generation Resource
9
Integrated Database (eGrid), or its successor.
10

"Carbon dioxide equivalent emissions" or "CO
2
e" means the
11
sum total of the mass amount of emissions in tons per year,
12
calculated by multiplying the mass amount of each of the 6
13
greenhouse gases specified in Section 3.207, in tons per year,
14
by its associated global warming potential as set forth in 40
15
CFR 98, subpart A, table A-1 or its successor, and then adding
16
them all together.
17

"Cogeneration" or "combined heat and power" refers to any
18
system that, either simultaneously or sequentially, produces
19
electricity and useful thermal energy from a single fuel
20
source.
21

"Copollutants" refers to the 6 criteria pollutants that
22
have been identified by the United States Environmental
23
Protection Agency pursuant to the Clean Air Act.
24

"Electric generating unit" or "EGU" means a fossil
25
fuel-fired stationary boiler, combustion turbine, or combined
26
cycle system that serves a generator that has a nameplate

HB5537
- 3 -
LRB104 16312 BDA 29698 b
1
capacity greater than 25 MWe and produces electricity for
2
sale.
3

"Environmental justice community" means the definition of
4
that term based on existing methodologies and findings, used
5
and as may be updated by the Illinois Power Agency and its
6
program administrator in the Illinois Solar for All Program.
7

"Equity investment eligible community" or "eligible
8
community" means the geographic areas throughout Illinois that
9
would most benefit from equitable investments by the State
10
designed to combat discrimination and foster sustainable
11
economic growth. Specifically, eligible community means the
12
following areas:
13

(1) areas where residents have been historically
14

excluded from economic opportunities, including
15

opportunities in the energy sector, as defined as R3 areas
16

pursuant to Section 10-40 of the Cannabis Regulation and
17

Tax Act; and
18

(2) areas where residents have been historically
19

subject to disproportionate burdens of pollution,
20

including pollution from the energy sector, as established
21

by environmental justice communities as defined by the
22

Illinois Power Agency pursuant to the Illinois Power
23

Agency Act, excluding any racial or ethnic indicators.
24

"Equity investment eligible person" or "eligible person"
25
means the persons who would most benefit from equitable
26
investments by the State designed to combat discrimination and

HB5537
- 4 -
LRB104 16312 BDA 29698 b
1
foster sustainable economic growth. Specifically, eligible
2
person means the following people:
3

(1) persons whose primary residence is in an equity
4

investment eligible community;
5

(2) persons whose primary residence is in a
6

municipality, or a county with a population under 100,000,
7

where the closure of an electric generating unit or mine
8

has been publicly announced or the electric generating
9

unit or mine is in the process of closing or closed within
10

the last 5 years;
11

(3) persons who are graduates of or currently enrolled
12

in the foster care system; or
13

(4) persons who were formerly incarcerated.
14

"Existing emissions" means:
15

(1) for CO
2
e, the total average tons-per-year of CO
2
e
16

emitted by the EGU or large GHG-emitting unit either in
17

the years 2018 through 2020 or, if the unit was not yet in
18

operation by January 1, 2018, in the first 3 full years of
19

that unit's operation; and
20

(2) for any copollutant, the total average
21

tons-per-year of that copollutant emitted by the EGU or
22

large GHG-emitting unit either in the years 2018 through
23

2020 or, if the unit was not yet in operation by January 1,
24

2018, in the first 3 full years of that unit's operation.
25

"Green hydrogen" means a power plant technology in which
26
an EGU creates electric power exclusively from electrolytic

HB5537
- 5 -
LRB104 16312 BDA 29698 b
1
hydrogen, in a manner that produces zero carbon and
2
copollutant emissions, using hydrogen fuel that is
3
electrolyzed using a 100% renewable zero carbon emission
4
energy source.
5

"Large greenhouse gas-emitting unit" or "large
6
GHG-emitting unit" means a unit that is an electric generating
7
unit or other fossil fuel-fired unit that itself has a
8
nameplate capacity or serves a generator that has a nameplate
9
capacity greater than 25 MWe and that produces electricity,
10
including, but not limited to, coal-fired, coal-derived,
11
oil-fired, natural gas-fired, and cogeneration units.
12

"NO
x
emission rate" means the plant annual NO
x
total output
13
emission rate as measured by the United States Environmental
14
Protection Agency in its Emissions & Generation Resource
15
Integrated Database (eGrid), or its successor, in the most
16
recent year for which data is available.
17

"Public greenhouse gas-emitting units" or "public
18
GHG-emitting unit" means large greenhouse gas-emitting units,
19
including EGUs, that are wholly owned, directly or indirectly,
20
by one or more municipalities, municipal corporations, joint
21
municipal electric power agencies, electric cooperatives, or
22
other governmental or nonprofit entities, whether organized
23
and created under the laws of Illinois or another state.
24

"SO
2
emission rate" means the "plant annual SO
2
total
25
output emission rate" as measured by the United States
26
Environmental Protection Agency in its Emissions & Generation

HB5537
- 6 -
LRB104 16312 BDA 29698 b
1
Resource Integrated Database (eGrid), or its successor, in the
2
most recent year for which data is available.
3

(g) All EGUs and large greenhouse gas-emitting units that
4
use coal or oil as a fuel and are not public GHG-emitting units
5
shall permanently reduce all CO
2
e and copollutant emissions to
6
zero no later than January 1, 2030.
7

(h) All EGUs and large greenhouse gas-emitting units that
8
use coal as a fuel and are public GHG-emitting units shall
9
permanently reduce CO
2
e emissions to zero no later than
10
December 31, 2045. Any source or plant with such units must
11
also reduce their CO
2
e emissions by 45% from existing
12
emissions by no later than January 1, 2035. If the emissions
13
reduction requirement is not achieved by December 31, 2035,
14
the plant shall retire one or more units or otherwise reduce
15
its CO
2
e emissions by 45% from existing emissions by June 30,
16
2038.
17

(i)
(Blank).

All EGUs and large greenhouse gas-emitting
18
units that use gas as a fuel and are not public GHG-emitting
19
units shall permanently reduce all CO
2
e and copollutant
20
emissions to zero, including through unit retirement or the
21
use of 100% green hydrogen or other similar technology that is
22
commercially proven to achieve zero carbon emissions,
23
according to the following:
24

(1) No later than January 1, 2030: all EGUs and large
25

greenhouse gas-emitting units that have a NO
x
emissions
26

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

HB5537
- 7 -
LRB104 16312 BDA 29698 b
1

greater than 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.
5

(2) No later than January 1, 2040: all EGUs and large
6

greenhouse gas-emitting units that have a NO
x
emission
7

rate of greater than 0.12 lbs/MWh or a SO
2
emission rate
8

greater than 0.006 lb/MWh, and are not located in or
9

within 3 miles of an environmental justice community
10

designated as of January 1, 2021 or an equity investment
11

eligible community. After January 1, 2035, 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, and shall be limited in operation to, on average,
15

6 hours or less per day, measured over a calendar year, and
16

shall not run for more than 24 consecutive hours except in
17

emergency conditions, as designated by a Regional
18

Transmission Organization or Independent System Operator.
19

(3) No later than January 1, 2035: all EGUs and large
20

greenhouse gas-emitting units that began operation prior
21

to the effective date of this amendatory Act of the 102nd
22

General Assembly and have a NO
x
emission rate of less than
23

or equal to 0.12 lb/MWh and a SO
2
emission rate less than
24

or equal to 0.006 lb/MWh, and are located in or within 3
25

miles of an environmental justice community designated as
26

of January 1, 2021 or an equity investment eligible

HB5537
- 8 -
LRB104 16312 BDA 29698 b
1

community. Each such EGU and large greenhouse gas-emitting
2

unit shall reduce its CO
2
e emissions by at least 50% from
3

its existing emissions for CO
2
e no later than January 1,
4

2030.
5

(4) No later than January 1, 2040: All remaining EGUs
6

and large greenhouse gas-emitting units that have a heat
7

rate greater than or equal to 7000 BTU/kWh. Each such EGU
8

and Large greenhouse gas-emitting unit shall reduce its
9

CO
2
e emissions by at least 50% from its existing emissions
10

for CO
2
e no later than January 1, 2035.
11

(5) No later than January 1, 2045: all remaining EGUs
12

and large greenhouse gas-emitting units.
13

(j)
(Blank).

All EGUs and large greenhouse gas-emitting
14
units that use gas as a fuel and are public GHG-emitting units
15
shall permanently reduce all CO
2
e and copollutant emissions to
16
zero, including through unit retirement or the use of 100%
17
green hydrogen or other similar technology that is
18
commercially proven to achieve zero carbon emissions by
19
January 1, 2045.
20

(k)
(Blank).

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

HB5537
- 9 -
LRB104 16312 BDA 29698 b
1

(k-5)
(Blank).

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

5

(l) Notwithstanding subsections (g)
and (h)

through (k-5)
,
6
large GHG-emitting units including EGUs may temporarily
7
continue emitting CO
2
e and copollutants after any applicable
8
deadline specified in any of subsections (g)
and (h)

through
9
(k-5)
if it has been determined, as described in paragraphs
10
(1) and (2) of this subsection, that ongoing operation of the
11
EGU is necessary to maintain power grid supply and reliability
12
or ongoing operation of large GHG-emitting unit that is not an
13
EGU is necessary to serve as an emergency backup to
14
operations.
All

Up to and including the occurrence of an
15
emission reduction deadline under subsection (i), all
EGUs and
16
large 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

HB5537
- 10 -
LRB104 16312 BDA 29698 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)
,

or
(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

or
(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

HB5537
- 11 -
LRB104 16312 BDA 29698 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

HB5537
- 12 -
LRB104 16312 BDA 29698 b
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

HB5537
- 13 -
LRB104 16312 BDA 29698 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

HB5537
- 14 -
LRB104 16312 BDA 29698 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.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn