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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3581

Introduced 2/5/2026, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

415 ILCS 5/9.15
415 ILCS 5/3.131 rep.

Amends the Environmental Protection Act. Reverts provisions regarding
greenhouse gases to the language existing before changes made by amendment
under P.A. 102-662. Repeals a provision defining "clean energy". Effective
immediately.
LRB104 17222 BDA 30643 b

A BILL FOR

SB3581
LRB104 17222 BDA 30643 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
. This exemption does

or is otherwise not
13
addressed in this Section or by the Board in regulations for
14
greenhouse gases. These exemptions do
not relieve an owner or
15
operator from the obligation to comply with other applicable
16
rules or 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
.
21
This exemption does

or is otherwise not addressed in this
22
Section or by the Board in regulations for greenhouse gases.
23
These exemptions do
not relieve an owner or operator from the

SB3581
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LRB104 17222 BDA 30643 b
1
obligation to comply with other applicable rules or
2
regulations.
3

(c)
Notwithstanding any provision to the contrary in this
4
Section, an air pollution construction or operating permit
5
shall not be required due to emissions of greenhouse gases if
6
any of the following events occur:

(Blank).
7

(1) enactment of federal legislation depriving the
8

Administrator of the USEPA of authority to regulate
9

greenhouse gases under the Clean Air Act;
10

(2) the issuance of any opinion, ruling, judgment,
11

order, or decree by a federal court depriving the
12

Administrator of the USEPA of authority to regulate
13

greenhouse gases under the Clean Air Act; or
14

(3) action by the President of the United States or
15

the President's authorized agent, including the
16

Administrator of the USEPA, to repeal or withdraw the
17

Greenhouse Gas Tailoring Rule (75 Fed. Reg. 31514, June 3,
18

2010).
19

This subsection (c) does not relieve an owner or operator
20
from the obligation to comply with applicable rules or
21
regulations other than those relating to greenhouse gases.

22

(d)
If any event listed in subsection (c) of this Section
23
occurs, permits issued after such event shall not impose
24
permit terms or conditions addressing greenhouse gases during
25
the effectiveness of any event listed in subsection (c).

26
(Blank).

SB3581
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LRB104 17222 BDA 30643 b
1

(e)
If an event listed in subsection (c) of this Section
2
occurs, any owner or operator with a permit that includes
3
terms or conditions addressing greenhouse gases may elect to
4
submit an application to the Agency to address a revision or
5
repeal of such terms or conditions. The Agency shall
6
expeditiously process such permit application in accordance
7
with applicable laws and regulations.

(Blank).

8

(f)
(Blank).

As used in this Section:
9

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

13

"Carbon dioxide equivalent emissions" or "CO
2
e" means the
14
sum total of the mass amount of emissions in tons per year,
15
calculated by multiplying the mass amount of each of the 6
16
greenhouse gases specified in Section 3.207, in tons per year,
17
by its associated global warming potential as set forth in 40
18
CFR 98, subpart A, table A-1 or its successor, and then adding
19
them all together.
20

"Cogeneration" or "combined heat and power" refers to any
21
system that, either simultaneously or sequentially, produces
22
electricity and useful thermal energy from a single fuel
23
source.
24

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

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1

"Electric generating unit" or "EGU" means a fossil
2
fuel-fired stationary boiler, combustion turbine, or combined
3
cycle system that serves a generator that has a nameplate
4
capacity greater than 25 MWe and produces electricity for
5
sale.
6

"Environmental justice community" means the definition of
7
that term based on existing methodologies and findings, used
8
and as may be updated by the Illinois Power Agency and its
9
program administrator in the Illinois Solar for All Program.
10

"Equity investment eligible community" or "eligible
11
community" means the geographic areas throughout Illinois that
12
would most benefit from equitable investments by the State
13
designed to combat discrimination and foster sustainable
14
economic growth. Specifically, eligible community means the
15
following areas:
16

(1) areas where residents have been historically
17

excluded from economic opportunities, including
18

opportunities in the energy sector, as defined as R3 areas
19

pursuant to Section 10-40 of the Cannabis Regulation and
20

Tax Act; and
21

(2) areas where residents have been historically
22

subject to disproportionate burdens of pollution,
23

including pollution from the energy sector, as established
24

by environmental justice communities as defined by the
25

Illinois Power Agency pursuant to the Illinois Power
26

Agency Act, excluding any racial or ethnic indicators.

SB3581
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1

"Equity investment eligible person" or "eligible person"
2
means the persons who would most benefit from equitable
3
investments by the State designed to combat discrimination and
4
foster sustainable economic growth. Specifically, eligible
5
person means the following people:
6

(1) persons whose primary residence is in an equity
7

investment eligible community;
8

(2) persons whose primary residence is in a
9

municipality, or a county with a population under 100,000,
10

where the closure of an electric generating unit or mine
11

has been publicly announced or the electric generating
12

unit or mine is in the process of closing or closed within
13

the last 5 years;
14

(3) persons who are graduates of or currently enrolled
15

in the foster care system; or
16

(4) persons who were formerly incarcerated.
17

"Existing emissions" means:

18

(1) for CO
2
e, the total average tons-per-year of CO
2
e
19

emitted by the EGU or large GHG-emitting unit either in
20

the years 2018 through 2020 or, if the unit was not yet in
21

operation by January 1, 2018, in the first 3 full years of
22

that unit's operation; and
23

(2) for any copollutant, the total average
24

tons-per-year of that copollutant emitted by the EGU or
25

large GHG-emitting unit either in the years 2018 through
26

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

SB3581
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1

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

2

"Green hydrogen" means a power plant technology in which
3
an EGU creates electric power exclusively from electrolytic
4
hydrogen, in a manner that produces zero carbon and
5
copollutant emissions, using hydrogen fuel that is
6
electrolyzed using a 100% renewable zero carbon emission
7
energy source.
8

"Large greenhouse gas-emitting unit" or "large
9
GHG-emitting unit" means a unit that is an electric generating
10
unit or other fossil fuel-fired unit that itself has a
11
nameplate capacity or serves a generator that has a nameplate
12
capacity greater than 25 MWe and that produces electricity,
13
including, but not limited to, coal-fired, coal-derived,
14
oil-fired, natural gas-fired, and cogeneration units.
15

"NO
x
emission rate" means the plant annual NO
x
total output
16
emission rate as measured by the United States Environmental
17
Protection Agency in its Emissions & Generation Resource
18
Integrated Database (eGrid), or its successor, in the most
19
recent year for which data is available.
20

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

SB3581
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LRB104 17222 BDA 30643 b
1

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

(g)
(Blank).

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

(h)
(Blank).

All EGUs and large greenhouse gas-emitting
11
units that use coal as a fuel and are public GHG-emitting units
12
shall 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)
(Blank).

All EGUs and large greenhouse gas-emitting
21
units that use gas as a fuel and are not public GHG-emitting
22
units 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,
26
according to the following:

SB3581
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LRB104 17222 BDA 30643 b
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

SB3581
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LRB104 17222 BDA 30643 b
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)
(Blank).

All EGUs and large greenhouse gas-emitting
17
units that use gas as a fuel and are public GHG-emitting units
18
shall permanently reduce all CO
2
e and copollutant emissions to
19
zero, including through unit retirement or the use of 100%
20
green hydrogen or other similar technology that is
21
commercially proven to achieve zero carbon emissions by
22
January 1, 2045.
23

(k)
(Blank).

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

SB3581
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LRB104 17222 BDA 30643 b
1
use of 100% green hydrogen or other similar technology that is
2
commercially proven to achieve zero carbon emissions by
3
January 1, 2045.
4

(k-5)
(Blank).

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

8

(l)
(Blank).

Notwithstanding subsections (g) through
9
(k-5), large GHG-emitting units including EGUs may temporarily
10
continue emitting CO
2
e and copollutants after any applicable
11
deadline specified in any of subsections (g) through (k-5) if
12
it has been determined, as described in paragraphs (1) and (2)
13
of 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;

SB3581
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LRB104 17222 BDA 30643 b
1

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

participant in a regional transmission organization
3

receives notice that the regional transmission
4

organization has determined that continued operation of
5

the unit is required, the unit may continue operating
6

until the issue identified by the regional transmission
7

organization is resolved. The owner or operator of the
8

unit must cooperate with the regional transmission
9

organization in resolving the issue and must reduce its
10

emissions to zero, consistent with the requirements under
11

subsection (g), (h), (i), (j), (k), or (k-5), as
12

applicable, as soon as practicable when the issue
13

identified by the regional transmission organization is
14

resolved; and
15

(3) any large GHG-emitting unit that is not a
16

participant in a regional transmission organization shall
17

be allowed to continue emitting CO
2
e and copollutants
18

after the zero-emission date specified in subsection (g),
19

(h), (i), (j), (k), or (k-5), as applicable, in the
20

capacity of an emergency backup unit if approved by the
21

Illinois Commerce Commission.
22

(m)
(Blank).

No variance, adjusted standard, or other
23
regulatory relief otherwise available in this Act may be
24
granted to the emissions reduction and elimination obligations
25
in this Section.
26

(n)
(Blank).

By June 30 of each year, beginning in 2025,

SB3581
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LRB104 17222 BDA 30643 b
1
the Agency shall prepare and publish on its website a report
2
setting forth the actual greenhouse gas emissions from
3
individual units and the aggregate statewide emissions from
4
all units for the prior year.
5

(o)
(Blank).

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

SB3581
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LRB104 17222 BDA 30643 b
1
Commerce Commission jointly conclude in the report that the
2
data from the regional grid operators, the pace of renewable
3
energy development, the pace of development of energy storage
4
and demand response utilization, transmission capacity, and
5
the CO
2
e and copollutant emissions reductions required by
6
subsection (i) or (k-5) reasonably demonstrate that a resource
7
adequacy shortfall will occur, including whether there will be
8
sufficient in-state capacity to meet the zonal requirements of
9
MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
10
regional transmission organizations, or that the regional
11
transmission operators determine that a reliability violation
12
will occur during the time frame the study is evaluating, then
13
the Illinois Power Agency, in conjunction with the
14
Environmental Protection Agency shall develop a plan to reduce
15
or delay CO
2
e and copollutant emissions reductions
16
requirements only to the extent and for the duration necessary
17
to meet the resource adequacy and reliability needs of the
18
State, including allowing any plants whose emission reduction
19
deadline has been identified in the plan as creating a
20
reliability concern to continue operating, including operating
21
with reduced emissions or as emergency backup where
22
appropriate. The plan shall also consider the use of renewable
23
energy, energy storage, demand response, transmission
24
development, or other strategies to resolve the identified
25
resource adequacy shortfall or reliability violation.
26

(1) In developing the plan, the Environmental

SB3581
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LRB104 17222 BDA 30643 b
1

Protection Agency and the Illinois Power Agency shall hold
2

at least one workshop open to, and accessible at a time and
3

place convenient to, the public and shall consider any
4

comments made by stakeholders or the public. Upon
5

development of the plan, copies of the plan shall be
6

posted and made publicly available on the Environmental
7

Protection Agency's, the Illinois Power Agency's, and the
8

Illinois Commerce Commission's websites. All interested
9

parties shall have 60 days following the date of posting
10

to provide comment to the Environmental Protection Agency
11

and the Illinois Power Agency on the plan. All comments
12

submitted to the Environmental Protection Agency and the
13

Illinois Power Agency shall be encouraged to be specific,
14

supported by data or other detailed analyses, and, if
15

objecting to all or a portion of the plan, accompanied by
16

specific alternative wording or proposals. All comments
17

shall be posted on the Environmental Protection Agency's,
18

the Illinois Power Agency's, and the Illinois Commerce
19

Commission's websites. Within 30 days following the end of
20

the 60-day review period, the Environmental Protection
21

Agency and the Illinois Power Agency shall revise the plan
22

as necessary based on the comments received and file its
23

revised plan with the Illinois Commerce Commission for
24

approval.
25

(2) Within 60 days after the filing of the revised
26

plan at the Illinois Commerce Commission, any person

SB3581
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LRB104 17222 BDA 30643 b
1

objecting to the plan shall file an objection with the
2

Illinois Commerce Commission. Within 30 days after the
3

expiration of the comment period, the Illinois Commerce
4

Commission shall determine whether an evidentiary hearing
5

is necessary. The Illinois Commerce Commission shall also
6

host 3 public hearings within 90 days after the plan is
7

filed. Following the evidentiary and public hearings, the
8

Illinois Commerce Commission shall enter its order
9

approving or approving with modifications the reliability
10

mitigation plan within 180 days.
11

(3) The Illinois Commerce Commission shall only
12

approve the plan if the Illinois Commerce Commission
13

determines that it will resolve the resource adequacy or
14

reliability deficiency identified in the reliability
15

mitigation plan at the least amount of CO
2
e and copollutant
16

emissions, taking into consideration the emissions impacts
17

on environmental justice communities, and that it will
18

ensure adequate, reliable, affordable, efficient, and
19

environmentally sustainable electric service at the lowest
20

total cost over time, taking into account the impact of
21

increases in emissions.
22

(4) If the resource adequacy or reliability deficiency
23

identified in the reliability mitigation plan is resolved
24

or reduced, the Environmental Protection Agency and the
25

Illinois Power Agency may file an amended plan adjusting
26

the reduction or delay in CO
2
e and copollutant emission

SB3581
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LRB104 17222 BDA 30643 b
1

reduction requirements identified in the plan.

2
(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)

3

(415 ILCS 5/3.131 rep.)
4

Section 10.
The Environmental Protection Act is amended by
5
repealing Section 3.131.

6

Section 99.
Effective date.
This Act takes effect upon
7
becoming law.

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