EPA-GREENHOUSE GAS-EQUITY

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SB3234 - 104th General Assembly

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Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3234

Introduced 2/2/2026, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

415 ILCS 5/9.15

Amends the Environmental Protection Act. In provisions establishing
greenhouse gas emission reduction deadlines and requirements for electric
generating units and large greenhouse gas-emitting units that use gas as a
fuel, that are not public GHG-emitting units, and that are located within a
specified distance of an equity investment eligible community, specifies
that the equity investment eligible community must have been designated by
the Restore, Reinvest, and Renew Program Board as of January 11, 2024 and
must be located in an R3 Area established under the Cannabis Regulation and
Tax Act.
LRB104 17965 AAS 31402 b

A BILL FOR

SB3234
LRB104 17965 AAS 31402 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

(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

SB3234
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LRB104 17965 AAS 31402 b
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

SB3234
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LRB104 17965 AAS 31402 b
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

SB3234
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LRB104 17965 AAS 31402 b
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

SB3234
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LRB104 17965 AAS 31402 b
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

SB3234
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LRB104 17965 AAS 31402 b
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

SB3234
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LRB104 17965 AAS 31402 b
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
that was designated by the Restore, Reinvest,
6

and Renew Program Board as of January 11, 2024 and that is
7

located in an R3 Area established under Section 10-40 of
8

the Cannabis Regulation and Tax Act
.
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
that was designated by the Restore,
16

Reinvest, and Renew Program Board as of January 11, 2024
17

and that is located in an R3 Area established under
18

Section 10-40 of the Cannabis Regulation and Tax Act
.
19

After January 1, 2035, each such EGU and large greenhouse
20

gas-emitting unit shall reduce its CO
2
e emissions by at
21

least 50% from its existing emissions for CO
2
e, and shall
22

be limited in operation to, on average, 6 hours or less per
23

day, measured over a calendar year, and shall not run for
24

more than 24 consecutive hours except in emergency
25

conditions, as designated by a Regional Transmission
26

Organization or Independent System Operator.

SB3234
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LRB104 17965 AAS 31402 b
1

(3) No later than January 1, 2035: all EGUs and large
2

greenhouse gas-emitting units that began operation prior
3

to the effective date of this amendatory Act of the 102nd
4

General Assembly and have a NO
x
emission rate of less than
5

or equal to 0.12 lb/MWh and a SO
2
emission rate less than
6

or equal to 0.006 lb/MWh, and are located in or within 3
7

miles of an environmental justice community designated as
8

of January 1, 2021 or an equity investment eligible
9

community
that was designated by the Restore, Reinvest,
10

and Renew Program Board as of January 11, 2024 and that is
11

located in an R3 Area established under Section 10-40 of
12

the Cannabis Regulation and Tax Act
. Each such EGU and
13

large greenhouse gas-emitting unit shall reduce its CO
2
e
14

emissions by at least 50% from its existing emissions for
15

CO
2
e no later than January 1, 2030.
16

(4) No later than January 1, 2040: All remaining EGUs
17

and large greenhouse gas-emitting units that have a heat
18

rate greater than or equal to 7000 BTU/kWh. Each such EGU
19

and Large greenhouse gas-emitting unit shall reduce its
20

CO
2
e emissions by at least 50% from its existing emissions
21

for CO
2
e no later than January 1, 2035.
22

(5) No later than January 1, 2045: all remaining EGUs
23

and large greenhouse gas-emitting units.
24

(j) All EGUs and large greenhouse gas-emitting units that
25
use gas as a fuel and are public GHG-emitting units shall
26
permanently reduce all CO
2
e and copollutant emissions to zero,

SB3234
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LRB104 17965 AAS 31402 b
1
including through unit retirement or the use of 100% green
2
hydrogen or other similar technology that is commercially
3
proven to achieve zero carbon emissions by January 1, 2045.
4

(k) All EGUs and large greenhouse gas-emitting units that
5
utilize combined heat and power or cogeneration technology
6
shall permanently reduce all CO
2
e and copollutant emissions to
7
zero, including through unit retirement or the use of 100%
8
green hydrogen or other similar technology that is
9
commercially proven to achieve zero carbon emissions by
10
January 1, 2045.
11

(k-5) No EGU or large greenhouse gas-emitting unit that
12
uses gas as a fuel and is not a public GHG-emitting unit may
13
emit, in any 12-month period, CO
2
e or copollutants in excess of
14
that unit's existing emissions for those pollutants.
15

(l) Notwithstanding subsections (g) through (k-5), large
16
GHG-emitting units including EGUs may temporarily continue
17
emitting CO
2
e and copollutants after any applicable deadline
18
specified in any of subsections (g) through (k-5) if it has
19
been determined, as described in paragraphs (1) and (2) of
20
this subsection, that ongoing operation of the EGU is
21
necessary to maintain power grid supply and reliability or
22
ongoing operation of large GHG-emitting unit that is not an
23
EGU is necessary to serve as an emergency backup to
24
operations. Up to and including the occurrence of an emission
25
reduction deadline under subsection (i), all EGUs and large
26
GHG-emitting units must comply with the following terms:

SB3234
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LRB104 17965 AAS 31402 b
1

(1) if an EGU or large GHG-emitting unit that is a
2

participant in a regional transmission organization
3

intends to retire, it must submit documentation to the
4

appropriate regional transmission organization by the
5

appropriate deadline that meets all applicable regulatory
6

requirements necessary to obtain approval to permanently
7

cease operating the large GHG-emitting unit;
8

(2) if any EGU or large GHG-emitting unit that is a
9

participant in a regional transmission organization
10

receives notice that the regional transmission
11

organization has determined that continued operation of
12

the unit is required, the unit may continue operating
13

until the issue identified by the regional transmission
14

organization is resolved. The owner or operator of the
15

unit must cooperate with the regional transmission
16

organization in resolving the issue and must reduce its
17

emissions to zero, consistent with the requirements under
18

subsection (g), (h), (i), (j), (k), or (k-5), as
19

applicable, as soon as practicable when the issue
20

identified by the regional transmission organization is
21

resolved; and
22

(3) any large GHG-emitting unit that is not a
23

participant in a regional transmission organization shall
24

be allowed to continue emitting CO
2
e and copollutants
25

after the zero-emission date specified in subsection (g),
26

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

SB3234
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LRB104 17965 AAS 31402 b
1

capacity of an emergency backup unit if approved by the
2

Illinois Commerce Commission.
3

(m) No variance, adjusted standard, or other regulatory
4
relief otherwise available in this Act may be granted to the
5
emissions reduction and elimination obligations in this
6
Section.
7

(n) By June 30 of each year, beginning in 2025, the Agency
8
shall prepare and publish on its website a report setting
9
forth the actual greenhouse gas emissions from individual
10
units and the aggregate statewide emissions from all units for
11
the prior year.
12

(o) Every 5 years beginning in 2025, the Environmental
13
Protection Agency, Illinois Power Agency, and Illinois
14
Commerce Commission shall jointly prepare, and release
15
publicly, a report to the General Assembly that examines the
16
State's current progress toward its renewable energy resource
17
development goals, the status of CO
2
e and copollutant
18
emissions reductions, the current status and progress toward
19
developing and implementing green hydrogen technologies, the
20
current and projected status of electric resource adequacy and
21
reliability throughout the State for the period beginning 5
22
years ahead, and proposed solutions for any findings. The
23
Environmental Protection Agency, Illinois Power Agency, and
24
Illinois Commerce Commission shall consult PJM
25
Interconnection, LLC and Midcontinent Independent System
26
Operator, Inc., or their respective successor organizations

SB3234
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LRB104 17965 AAS 31402 b
1
regarding forecasted resource adequacy and reliability needs,
2
anticipated new generation interconnection, new transmission
3
development or upgrades, and any announced large GHG-emitting
4
unit closure dates and include this information in the report.
5
The report shall be released publicly by no later than
6
December 15 of the year it is prepared. If the Environmental
7
Protection Agency, Illinois Power Agency, and Illinois
8
Commerce Commission jointly conclude in the report that the
9
data from the regional grid operators, the pace of renewable
10
energy development, the pace of development of energy storage
11
and demand response utilization, transmission capacity, and
12
the CO
2
e and copollutant emissions reductions required by
13
subsection (i) or (k-5) reasonably demonstrate that a resource
14
adequacy shortfall will occur, including whether there will be
15
sufficient in-state capacity to meet the zonal requirements of
16
MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
17
regional transmission organizations, or that the regional
18
transmission operators determine that a reliability violation
19
will occur during the time frame the study is evaluating, then
20
the Illinois Power Agency, in conjunction with the
21
Environmental Protection Agency shall develop a plan to reduce
22
or delay CO
2
e and copollutant emissions reductions
23
requirements only to the extent and for the duration necessary
24
to meet the resource adequacy and reliability needs of the
25
State, including allowing any plants whose emission reduction
26
deadline has been identified in the plan as creating a

SB3234
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LRB104 17965 AAS 31402 b
1
reliability concern to continue operating, including operating
2
with reduced emissions or as emergency backup where
3
appropriate. The plan shall also consider the use of renewable
4
energy, energy storage, demand response, transmission
5
development, or other strategies to resolve the identified
6
resource adequacy shortfall or reliability violation.
7

(1) In developing the plan, the Environmental
8

Protection Agency and the Illinois Power Agency shall hold
9

at least one workshop open to, and accessible at a time and
10

place convenient to, the public and shall consider any
11

comments made by stakeholders or the public. Upon
12

development of the plan, copies of the plan shall be
13

posted and made publicly available on the Environmental
14

Protection Agency's, the Illinois Power Agency's, and the
15

Illinois Commerce Commission's websites. All interested
16

parties shall have 60 days following the date of posting
17

to provide comment to the Environmental Protection Agency
18

and the Illinois Power Agency on the plan. All comments
19

submitted to the Environmental Protection Agency and the
20

Illinois Power Agency shall be encouraged to be specific,
21

supported by data or other detailed analyses, and, if
22

objecting to all or a portion of the plan, accompanied by
23

specific alternative wording or proposals. All comments
24

shall be posted on the Environmental Protection Agency's,
25

the Illinois Power Agency's, and the Illinois Commerce
26

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

SB3234
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LRB104 17965 AAS 31402 b
1

the 60-day review period, the Environmental Protection
2

Agency and the Illinois Power Agency shall revise the plan
3

as necessary based on the comments received and file its
4

revised plan with the Illinois Commerce Commission for
5

approval.
6

(2) Within 60 days after the filing of the revised
7

plan at the Illinois Commerce Commission, any person
8

objecting to the plan shall file an objection with the
9

Illinois Commerce Commission. Within 30 days after the
10

expiration of the comment period, the Illinois Commerce
11

Commission shall determine whether an evidentiary hearing
12

is necessary. The Illinois Commerce Commission shall also
13

host 3 public hearings within 90 days after the plan is
14

filed. Following the evidentiary and public hearings, the
15

Illinois Commerce Commission shall enter its order
16

approving or approving with modifications the reliability
17

mitigation plan within 180 days.
18

(3) The Illinois Commerce Commission shall only
19

approve the plan if the Illinois Commerce Commission
20

determines that it will resolve the resource adequacy or
21

reliability deficiency identified in the reliability
22

mitigation plan at the least amount of CO
2
e and copollutant
23

emissions, taking into consideration the emissions impacts
24

on environmental justice communities, and that it will
25

ensure adequate, reliable, affordable, efficient, and
26

environmentally sustainable electric service at the lowest

SB3234
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LRB104 17965 AAS 31402 b
1

total cost over time, taking into account the impact of
2

increases in emissions.
3

(4) If the resource adequacy or reliability deficiency
4

identified in the reliability mitigation plan is resolved
5

or reduced, the Environmental Protection Agency and the
6

Illinois Power Agency may file an amended plan adjusting
7

the reduction or delay in CO
2
e and copollutant emission
8

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

10

(Text of Section after amendment by P.A. 104-458
)
11

Sec. 9.15.
Greenhouse gases.
12

(a) An air pollution construction 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 40 CFR 52.21, as now or hereafter amended, for
16
greenhouse gases or is otherwise not addressed in this Section
17
or by the Board in regulations for greenhouse gases. These
18
exemptions do not relieve an owner or operator from the
19
obligation to comply with other applicable rules or
20
regulations.
21

(b) An air pollution operating permit shall not be
22
required due to emissions of greenhouse gases if the
23
equipment, site, or source is not subject to regulation, as
24
defined by Section 39.5 of this Act, for greenhouse gases or is
25
otherwise not addressed in this Section or by the Board in

SB3234
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LRB104 17965 AAS 31402 b
1
regulations for greenhouse gases. These exemptions do not
2
relieve an owner or operator from the obligation to comply
3
with other applicable rules or regulations.
4

(c) (Blank).
5

(d) (Blank).
6

(e) (Blank).
7

(f) As used in this Section:
8

"Carbon dioxide emission" means the plant annual CO
2
total
9
output emission as measured by the United States Environmental
10
Protection Agency in its Emissions & Generation Resource
11
Integrated Database (eGrid), or its successor.
12

"Carbon dioxide equivalent emissions" or "CO
2
e" means the
13
sum total of the mass amount of emissions in tons per year,
14
calculated by multiplying the mass amount of each of the 6
15
greenhouse gases specified in Section 3.207, in tons per year,
16
by its associated global warming potential as set forth in 40
17
CFR 98, subpart A, table A-1 or its successor, and then adding
18
them all together.
19

"Cogeneration" or "combined heat and power" refers to any
20
system that, either simultaneously or sequentially, produces
21
electricity and useful thermal energy from a single fuel
22
source.
23

"Copollutants" refers to the 6 criteria pollutants that
24
have been identified by the United States Environmental
25
Protection Agency pursuant to the Clean Air Act.
26

"Electric generating unit" or "EGU" means a fossil

SB3234
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LRB104 17965 AAS 31402 b
1
fuel-fired stationary boiler, combustion turbine, or combined
2
cycle system that serves a generator that has a nameplate
3
capacity greater than 25 MWe and produces electricity for
4
sale.
5

"Environmental justice community" means the definition of
6
that term based on existing methodologies and findings, used
7
and as may be updated by the Illinois Power Agency and its
8
program administrator in the Illinois Solar for All Program.
9

"Equity investment eligible community" or "eligible
10
community" means the geographic areas throughout Illinois that
11
would most benefit from equitable investments by the State
12
designed to combat discrimination and foster sustainable
13
economic growth. Specifically, eligible community means the
14
following areas:
15

(1) areas where residents have been historically
16

excluded from economic opportunities, including
17

opportunities in the energy sector, as defined as R3 areas
18

pursuant to Section 10-40 of the Cannabis Regulation and
19

Tax Act; and
20

(2) areas where residents have been historically
21

subject to disproportionate burdens of pollution,
22

including pollution from the energy sector, as established
23

by environmental justice communities as defined by the
24

Illinois Power Agency pursuant to the Illinois Power
25

Agency Act, excluding any racial or ethnic indicators.
26

"Equity investment eligible person" or "eligible person"

SB3234
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LRB104 17965 AAS 31402 b
1
means the persons who would most benefit from equitable
2
investments by the State designed to combat discrimination and
3
foster sustainable economic growth. Specifically, eligible
4
person means the following people:
5

(1) persons whose primary residence is in an equity
6

investment eligible community;
7

(2) persons whose primary residence is in a
8

municipality, or a county with a population under 100,000,
9

where the closure of an electric generating unit or mine
10

has been publicly announced or the electric generating
11

unit or mine is in the process of closing or closed within
12

the last 5 years;
13

(3) persons who are graduates of or currently enrolled
14

in the foster care system; or
15

(4) persons who were formerly incarcerated.
16

"Existing emissions" means:
17

(1) for CO
2
e, the total average tons-per-year of CO
2
e
18

emitted by the EGU or large GHG-emitting unit either in
19

the years 2018 through 2020 or, if the unit was not yet in
20

operation by January 1, 2018, in the first 3 full years of
21

that unit's operation; and
22

(2) for any copollutant, the total average
23

tons-per-year of that copollutant emitted by the EGU or
24

large GHG-emitting unit either in the years 2018 through
25

2020 or, if the unit was not yet in operation by January 1,
26

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

SB3234
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LRB104 17965 AAS 31402 b
1

"Green hydrogen" means a power plant technology in which
2
an EGU creates electric power exclusively from electrolytic
3
hydrogen, in a manner that produces zero carbon and
4
copollutant emissions, using hydrogen fuel that is
5
electrolyzed using a 100% renewable zero carbon emission
6
energy source.
7

"Large greenhouse gas-emitting unit" or "large
8
GHG-emitting unit" means a unit that is an electric generating
9
unit or other fossil fuel-fired unit that itself has a
10
nameplate capacity or serves a generator that has a nameplate
11
capacity greater than 25 MWe and that produces electricity,
12
including, but not limited to, coal-fired, coal-derived,
13
oil-fired, natural gas-fired, and cogeneration units.
14

"NO
x
emission rate" means the plant annual NO
x
total output
15
emission rate as measured by the United States Environmental
16
Protection Agency in its Emissions & Generation Resource
17
Integrated Database (eGrid), or its successor, in the most
18
recent year for which data is available.
19

"Public greenhouse gas-emitting units" or "public
20
GHG-emitting unit" means large greenhouse gas-emitting units,
21
including EGUs, that are wholly owned, directly or indirectly,
22
by one or more municipalities, municipal corporations, joint
23
municipal electric power agencies, electric cooperatives, or
24
other governmental or nonprofit entities, whether organized
25
and created under the laws of Illinois or another state.
26

"SO
2
emission rate" means the "plant annual SO
2
total

SB3234
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LRB104 17965 AAS 31402 b
1
output emission rate" as measured by the United States
2
Environmental Protection Agency in its Emissions & Generation
3
Resource Integrated Database (eGrid), or its successor, in the
4
most recent year for which data is available.
5

(g) All EGUs and large greenhouse gas-emitting units that
6
use coal or oil as a fuel and are not public GHG-emitting units
7
shall permanently reduce all CO
2
e and copollutant emissions to
8
zero no later than January 1, 2030.
9

(h) All EGUs and large greenhouse gas-emitting units that
10
use coal as a fuel and are public GHG-emitting units shall
11
permanently reduce CO
2
e emissions to zero no later than
12
December 31, 2045. Any source or plant with such units must
13
also reduce their CO
2
e emissions by 45% from existing
14
emissions by no later than January 1, 2035. If the emissions
15
reduction requirement is not achieved by December 31, 2035,
16
the plant shall retire one or more units or otherwise reduce
17
its CO
2
e emissions by 45% from existing emissions by June 30,
18
2038.
19

(i) All EGUs and large greenhouse gas-emitting units that
20
use gas as a fuel and are not public GHG-emitting units shall
21
permanently reduce all CO
2
e and copollutant emissions to zero,
22
including through unit retirement or the use of 100% green
23
hydrogen or other similar technology that is commercially
24
proven to achieve zero carbon emissions, according to the
25
following:
26

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

SB3234
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LRB104 17965 AAS 31402 b
1

greenhouse gas-emitting units that have a NO
x
emissions
2

rate of greater than 0.12 lbs/MWh or a SO
2
emission rate of
3

greater than 0.006 lb/MWh, and are located in or within 3
4

miles of an environmental justice community designated as
5

of January 1, 2021 or an equity investment eligible
6

community
that was designated by the Restore, Reinvest,
7

and Renew Program Board as of January 11, 2024 and that is
8

located in an R3 Area established under Section 10-40 of
9

the Cannabis Regulation and Tax Act
.
10

(2) No later than January 1, 2040: all EGUs and large
11

greenhouse gas-emitting units that have a NO
x
emission
12

rate of greater than 0.12 lbs/MWh or a SO
2
emission rate
13

greater than 0.006 lb/MWh, and are not located in or
14

within 3 miles of an environmental justice community
15

designated as of January 1, 2021 or an equity investment
16

eligible community
that was designated by the Restore,
17

Reinvest, and Renew Program Board as of January 11, 2024
18

and that is located in an R3 Area established under
19

Section 10-40 of the Cannabis Regulation and Tax Act
.
20

After January 1, 2035, each such EGU and large greenhouse
21

gas-emitting unit shall reduce its CO
2
e emissions by at
22

least 50% from its existing emissions for CO
2
e, and shall
23

be limited in operation to, on average, 6 hours or less per
24

day, measured over a calendar year, and shall not run for
25

more than 24 consecutive hours except in emergency
26

conditions, as designated by a Regional Transmission

SB3234
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LRB104 17965 AAS 31402 b
1

Organization or Independent System Operator.
2

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

greenhouse gas-emitting units that began operation prior
4

to the effective date of this amendatory Act of the 102nd
5

General Assembly and have a NO
x
emission rate of less than
6

or equal to 0.12 lb/MWh and a SO
2
emission rate less than
7

or equal to 0.006 lb/MWh, and are located in or within 3
8

miles of an environmental justice community designated as
9

of January 1, 2021 or an equity investment eligible
10

community
that was designated by the Restore, Reinvest,
11

and Renew Program Board as of January 11, 2024 and that is
12

located in an R3 Area established under Section 10-40 of
13

the Cannabis Regulation and Tax Act
. Each such EGU and
14

large greenhouse gas-emitting unit shall reduce its CO
2
e
15

emissions by at least 50% from its existing emissions for
16

CO
2
e no later than January 1, 2030.
17

(4) No later than January 1, 2040: All remaining EGUs
18

and large greenhouse gas-emitting units that have a heat
19

rate greater than or equal to 7000 BTU/kWh. Each such EGU
20

and Large greenhouse gas-emitting unit shall reduce its
21

CO
2
e emissions by at least 50% from its existing emissions
22

for CO
2
e no later than January 1, 2035.
23

(5) No later than January 1, 2045: all remaining EGUs
24

and large greenhouse gas-emitting units.
25

(j) All EGUs and large greenhouse gas-emitting units that
26
use gas as a fuel and are public GHG-emitting units shall

SB3234
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LRB104 17965 AAS 31402 b
1
permanently reduce all CO
2
e and copollutant emissions to zero,
2
including through unit retirement or the use of 100% green
3
hydrogen or other similar technology that is commercially
4
proven to achieve zero carbon emissions by January 1, 2045.
5

(k) All EGUs and large greenhouse gas-emitting units that
6
utilize combined heat and power or cogeneration technology
7
shall permanently reduce all CO
2
e and copollutant emissions to
8
zero, including through unit retirement or the use of 100%
9
green hydrogen or other similar technology that is
10
commercially proven to achieve zero carbon emissions by
11
January 1, 2045.
12

(k-5) No EGU or large greenhouse gas-emitting unit that
13
uses gas as a fuel and is not a public GHG-emitting unit may
14
emit, in any 12-month period, CO
2
e or copollutants in excess of
15
that unit's existing emissions for those pollutants.
16

(l) Notwithstanding subsections (g) through (k-5), large
17
GHG-emitting units including EGUs may temporarily continue
18
emitting CO
2
e and copollutants after any applicable deadline
19
specified in any of subsections (g) through (k-5) if it has
20
been determined, as described in paragraphs (1) and (2) of
21
this subsection, that ongoing operation of the EGU is
22
necessary to maintain power grid supply and reliability or
23
ongoing operation of large GHG-emitting unit that is not an
24
EGU is necessary to serve as an emergency backup to
25
operations. Up to and including the occurrence of an emission
26
reduction deadline under subsection (i), all EGUs and large

SB3234
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LRB104 17965 AAS 31402 b
1
GHG-emitting units must comply with the following terms:
2

(1) if an EGU or large GHG-emitting unit that is a
3

participant in a regional transmission organization
4

intends to retire, it must submit documentation to the
5

appropriate regional transmission organization by the
6

appropriate deadline that meets all applicable regulatory
7

requirements necessary to obtain approval to permanently
8

cease operating the large GHG-emitting unit;
9

(2) if any EGU or large GHG-emitting unit that is a
10

participant in a regional transmission organization
11

receives notice that the regional transmission
12

organization has determined that continued operation of
13

the unit is required, the unit may continue operating
14

until the issue identified by the regional transmission
15

organization is resolved. The owner or operator of the
16

unit must cooperate with the regional transmission
17

organization in resolving the issue and must reduce its
18

emissions to zero, consistent with the requirements under
19

subsection (g), (h), (i), (j), (k), or (k-5), as
20

applicable, as soon as practicable when the issue
21

identified by the regional transmission organization is
22

resolved; and
23

(3) any large GHG-emitting unit that is not a
24

participant in a regional transmission organization shall
25

be allowed to continue emitting CO
2
e and copollutants
26

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

SB3234
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LRB104 17965 AAS 31402 b
1

(h), (i), (j), (k), or (k-5), as applicable, in the
2

capacity of an emergency backup unit if approved by the
3

Illinois Commerce Commission.
4

(m) No variance, adjusted standard, or other regulatory
5
relief otherwise available in this Act may be granted to the
6
emissions reduction and elimination obligations in this
7
Section.
8

(n) By June 30 of each year, beginning in 2025, the Agency
9
shall prepare and publish on its website a report setting
10
forth the actual greenhouse gas emissions from individual
11
units and the aggregate statewide emissions from all units for
12
the prior year.
13

(o) The Environmental Protection Agency, Illinois Power
14
Agency, and Illinois Commerce Commission shall jointly
15
prepare, and release publicly, a report to the General
16
Assembly that examines the State's current progress toward its
17
renewable energy resource development goals, the status of
18
CO
2
e and copollutant emissions reductions, the current status
19
and progress toward developing and implementing green hydrogen
20
technologies, the current and projected status of electric
21
resource adequacy and reliability throughout the State for the
22
period beginning 5 years ahead, and proposed solutions for any
23
findings. The Environmental Protection Agency, Illinois Power
24
Agency, and Illinois Commerce Commission shall consult PJM
25
Interconnection, LLC and Midcontinent Independent System
26
Operator, Inc., or their respective successor organizations

SB3234
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LRB104 17965 AAS 31402 b
1
regarding forecasted resource adequacy and reliability needs,
2
anticipated new generation interconnection, new transmission
3
development or upgrades, and any announced large GHG-emitting
4
unit closure dates and include this information in the report.
5
The report shall be released publicly by no later than
6
December 15 of the year it is prepared. If the Environmental
7
Protection Agency, Illinois Power Agency, and Illinois
8
Commerce Commission jointly conclude in the report that the
9
data from the regional grid operators, the pace of renewable
10
energy development, the pace of development of energy storage
11
and demand response utilization, transmission capacity, and
12
the CO
2
e and copollutant emissions reductions required by
13
subsection (i) or (k-5) reasonably demonstrate that a resource
14
adequacy shortfall will occur, including whether there will be
15
sufficient in-state capacity to meet the zonal requirements of
16
MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
17
regional transmission organizations, or that the regional
18
transmission operators determine that a reliability violation
19
will occur during the time frame the study is evaluating, then
20
the Illinois Power Agency, in conjunction with the
21
Environmental Protection Agency shall develop a plan to reduce
22
or delay CO
2
e and copollutant emissions reductions
23
requirements only to the extent and for the duration necessary
24
to meet the resource adequacy and reliability needs of the
25
State, including allowing any plants whose emission reduction
26
deadline has been identified in the plan as creating a

SB3234
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LRB104 17965 AAS 31402 b
1
reliability concern to continue operating, including operating
2
with reduced emissions or as emergency backup where
3
appropriate. The plan shall also consider the use of renewable
4
energy, energy storage, demand response, transmission
5
development, or other strategies to resolve the identified
6
resource adequacy shortfall or reliability violation.
7

(1) In developing the plan, the Environmental
8

Protection Agency and the Illinois Power Agency shall hold
9

at least one workshop open to, and accessible at a time and
10

place convenient to, the public and shall consider any
11

comments made by stakeholders or the public. Upon
12

development of the plan, copies of the plan shall be
13

posted and made publicly available on the Environmental
14

Protection Agency's, the Illinois Power Agency's, and the
15

Illinois Commerce Commission's websites. All interested
16

parties shall have 60 days following the date of posting
17

to provide comment to the Environmental Protection Agency
18

and the Illinois Power Agency on the plan. All comments
19

submitted to the Environmental Protection Agency and the
20

Illinois Power Agency shall be encouraged to be specific,
21

supported by data or other detailed analyses, and, if
22

objecting to all or a portion of the plan, accompanied by
23

specific alternative wording or proposals. All comments
24

shall be posted on the Environmental Protection Agency's,
25

the Illinois Power Agency's, and the Illinois Commerce
26

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

SB3234
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LRB104 17965 AAS 31402 b
1

the 60-day review period, the Environmental Protection
2

Agency and the Illinois Power Agency shall revise the plan
3

as necessary based on the comments received and file its
4

revised plan with the Illinois Commerce Commission for
5

approval.
6

(2) Within 60 days after the filing of the revised
7

plan at the Illinois Commerce Commission, any person
8

objecting to the plan shall file an objection with the
9

Illinois Commerce Commission. Within 30 days after the
10

expiration of the comment period, the Illinois Commerce
11

Commission shall determine whether an evidentiary hearing
12

is necessary. The Illinois Commerce Commission shall also
13

host 3 public hearings within 90 days after the plan is
14

filed. Following the evidentiary and public hearings, the
15

Illinois Commerce Commission shall enter its order
16

approving or approving with modifications the reliability
17

mitigation plan within 180 days.
18

(3) The Illinois Commerce Commission shall only
19

approve the plan if the Illinois Commerce Commission
20

determines that it will resolve the resource adequacy or
21

reliability deficiency identified in the reliability
22

mitigation plan at the least amount of CO
2
e and copollutant
23

emissions, taking into consideration the emissions impacts
24

on environmental justice communities, and that it will
25

ensure adequate, reliable, affordable, efficient, and
26

environmentally sustainable electric service at the lowest

SB3234
- 29 -
LRB104 17965 AAS 31402 b
1

total cost over time, taking into account the impact of
2

increases in emissions.
3

(4) If the resource adequacy or reliability deficiency
4

identified in the reliability mitigation plan is resolved
5

or reduced, the Environmental Protection Agency and the
6

Illinois Power Agency may file an amended plan adjusting
7

the reduction or delay in CO
2
e and copollutant emission
8

reduction requirements identified in the plan.
9
(Source: P.A. 104-458, eff. 6-1-26.)

10

Section 95.
No acceleration or delay.
Where this Act makes
11
changes in a statute that is represented in this Act by text
12
that is not yet or no longer in effect (for example, a Section
13
represented by multiple versions), the use of that text does
14
not accelerate or delay the taking effect of (i) the changes
15
made by this Act or (ii) provisions derived from any other
16
Public Act.

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