Bill Text: IL SB3934 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the amendatory Act may be referred to as the Transportation Choices Act. Requires, by January 1, 2026, the Environmental Protection Agency, after consultation with the Department of Transportation and Metropolitan Planning Organizations (MPOs), to establish a schedule of greenhouse gas targets for greenhouse gas emissions from the transportation sector in the State. Requires the Department and MPOs to conduct a greenhouse gas emissions analysis and determine if their applicable planning document will result in meeting their greenhouse gas targets. Requires the Department and MPOs to perform a greenhouse gas emissions analysis prior to including a roadway capacity expansion project in an applicable planning document. Requires, by January 1, 2028 and every 3 years thereafter, the Department to prepare a comprehensive report on statewide transportation greenhouse gas reduction accomplishments and challenges and to make recommendations for any legislative action that would assist the Department and MPOs in meeting their greenhouse gas targets. Requires the Department and MPOs to calculate a climate equity accessibility score prior to including any project that has an anticipated cost of $30,000,000 or more in an applicable planning document or as a greenhouse gas mitigation measure. Requires the Department and MPOs to provide early and continuous opportunities for public participation in the transportation planning process. Requires, beginning June 30, 2025, the Department and MPOs to establish a social cost of carbon and use the social cost of carbon in their planning documents and planning activities. Establishes the Greenhouse Gas in Transportation Working Group. Provides that the specified requirements of the provisions shall commence with projects included in applicable planning documents filed on or after January 1, 2027. Makes other changes. Amends the Environmental Protection Act. Directs the Environmental Protection Agency to calculate a social cost of carbon and makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-29 - Referred to Assignments [SB3934 Detail]

Download: Illinois-2023-SB3934-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3934 Introduced 4/29/2024, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
20 ILCS 2705/2705-204 new
415 ILCS 5/9.15
Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the amendatory Act may be referred to as the Transportation Choices Act. Requires, by January 1, 2026, the Environmental Protection Agency, after consultation with the Department of Transportation and Metropolitan Planning Organizations (MPOs), to establish a schedule of greenhouse gas targets for greenhouse gas emissions from the transportation sector in the State. Requires the Department and MPOs to conduct a greenhouse gas emissions analysis and determine if their applicable planning document will result in meeting their greenhouse gas targets. Requires the Department and MPOs to perform a greenhouse gas emissions analysis prior to including a roadway capacity expansion project in an applicable planning document. Requires, by January 1, 2028 and every 3 years thereafter, the Department to prepare a comprehensive report on statewide transportation greenhouse gas reduction accomplishments and challenges and to make recommendations for any legislative action that would assist the Department and MPOs in meeting their greenhouse gas targets. Requires the Department and MPOs to calculate a climate equity accessibility score prior to including any project that has an anticipated cost of $30,000,000 or more in an applicable planning document or as a greenhouse gas mitigation measure. Requires the Department and MPOs to provide early and continuous opportunities for public participation in the transportation planning process. Requires, beginning June 30, 2025, the Department and MPOs to establish a social cost of carbon and use the social cost of carbon in their planning documents and planning activities. Establishes the Greenhouse Gas in Transportation Working Group. Provides that the specified requirements of the provisions shall commence with projects included in applicable planning documents filed on or after January 1, 2027. Makes other changes. Amends the Environmental Protection Act. Directs the Environmental Protection Agency to calculate a social cost of carbon and makes other changes.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. References to Act. This Act may be referred to
as the Transportation Choices Act.
Section 5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2705-204 as follows:
(20 ILCS 2705/2705-204 new)
Sec. 2705-204. Transportation planning and greenhouse gas
reduction.
(a) The General Assembly finds that:
(1) Article XI of the Illinois Constitution provides
that the public policy of the State and the duty of each
person is to provide and maintain a healthful environment
for the benefit of this and future generations.
(2) The transportation sector is now the largest
source of greenhouse gas emissions in the State.
(3) The State has previously set a goal to have an
electric power sector that is free of greenhouse gas
emissions by 2045.
(4) Greenhouse gas pollution resulting from the

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production, distribution, and use of motor vehicle fuels
produces many social costs, including, but not limited to,
adverse public health impacts, increased heat waves,
droughts, water supply shortages, flooding, biodiversity
loss, and forest health issues, such as forest fires.
(5) The Illinois State Climatologist is projecting
that, by the end of the 21st Century, average daily
temperatures in the State will increase between 4 and 9
degrees Fahrenheit under a lower emissions scenario and
between 8 and 14 degrees Fahrenheit under a higher
emissions scenario.
(6) Climate change of such speed and magnitude will
result in heat stress on animals, plants, and workers;
reduced crop yields from short-term and rapid-onset
drought; increased pestilence; and other challenges that
will adversely affect the State's agriculture sector.
(7) Increases in flooding, heat, and other factors
associated with climate change will stress the State's
transportation infrastructure, such as bridges and
roadways in low-lying areas, and will require more
resources to maintain roadways and other transportation
infrastructure.
(8) State investment in a clean transportation economy
in the State can expand equitable access to public health,
safety, a cleaner environment, quality jobs, and economic
opportunity.

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(9) It is the public policy of the State to ensure that
State residents from communities disproportionately
impacted by climate change, communities facing automotive
plant closures, economically disadvantaged communities,
and individuals experiencing barriers to employment have
access to State programs and good jobs and career
opportunities in growing sectors of the State economy.
(10) To minimize any adverse environmental and health
impacts of planned transportation projects and to address
inequitable distribution of the burdens of those projects,
it is necessary, appropriate, and in the best interests of
the State and its citizens to require the Department and
MPOs, which are the State's primary transportation
planning entities with responsibility for selecting and
funding transportation projects, to engage in an enhanced
level of planning, modeling, and other analysis, community
engagement, and monitoring with respect to those projects
as required by this Section.
(11) Subsection (a) of Section 15 of the Regional
Planning Act provides that the Chicago Metropolitan Agency
for Planning, whose Policy Committee is the MPO for
Northeastern Illinois, shall be responsible for developing
and adopting a funding and implementation strategy for an
integrated land use and transportation planning process.
(12) Section 48 of the Regional Planning Act provides
that the Chicago Metropolitan Agency for Planning shall

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establish an incentive program to enable local governments
and developers to create more affordable workforce housing
options near jobs and transit, create jobs near existing
affordable workforce housing, create transit-oriented
development, integrate transportation and land use
planning, provide a range of viable transportation choices
in addition to the car, encourage compact and mixed-use
development, and support neighborhood revitalization.
(13) Paragraph (1) of subsection (a) of Section 5303
of Title 49 of the United States Code (49 U.S.C.
5303(a)(1)) provides, in relevant part, that it is in the
national interest to better connect housing and
employment, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes.
(14) Subparagraph (A) of paragraph (4) of subsection
(k) of Section 5303 of Title 49 of the United States Code
(49 U.S.C. 5303(k)(4)(A)) provides that MPOs serving
transportation management areas may address the
integration of housing, transportation, and economic
development strategies through a process that provides for
effective integration, based on a cooperatively developed
and implemented strategy, of new and existing
transportation facilities eligible for funding.
(15) Subparagraph (C) of paragraph (4) of subsection
(k) of Section 5303 of Title 49 of the United States Code

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(49 U.S.C. 5303(k)(4)(C)) provides that MPOs serving
transportation management areas may develop a housing
coordination plan that includes projects and strategies
that may be considered in the metropolitan transportation
plan of the MPO to develop regional goals for the
integration of housing, transportation, and economic
development strategies.
(16) Land use policies and practices that result in
shorter distances between where people reside and jobs and
other destinations they seek to access and that facilitate
multimodal transportation options for the public are one
of the most effective tools to reduce greenhouse gas
emissions from the transportation sector and provide more
affordable transportation options.
(17) Transportation is the second-largest expense
category for most households and the cost of owning,
operating, and maintaining personal vehicles is a
significant burden for many households.
(18) Reducing vehicle miles traveled per person
through more efficient land use and transportation systems
will help the State achieve its greenhouse gas reduction
goals and reduce the transportation cost burden on State
households.
(19) To the maximum extent practicable, actions taken
to achieve these goals must avoid causing disproportionate
adverse impacts to residents of communities that are or

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have been disproportionately exposed to pollution
affecting human health and environmental quality.
(b) As used in this Section:
"Applicable planning document" means an MPO's Regional
Transportation Plan or the Department's Long-Range State
Transportation Plan. "Applicable planning document" includes
amendments to such plans that add capacity expansion projects
or other projects resulting in a net increase in GHG
emissions.
"Climate equity accessibility score" means a measurement
of the impact of certain transportation projects on (i) GHG
emissions, (ii) the accessibility of jobs and other
destinations to people residing in the project area, and (iii)
the affordability of transportation.
"CO2e" means the number of metric tons of carbon dioxide
emissions with the same global warming potential as one metric
ton of another greenhouse gas, is calculated using Equation
A-1 in 40 CFR 98.2, and allows for the comparison of emissions
of various different greenhouse gases with different global
warming potentials and the calculation of the relative impact
of the emissions on the environment over a standard time
period.
"Disproportionately impacted community" means the
residents within a census block group in which, according to
the most recent federal decennial census, more than 40% of the
households are low-income households, more than 40% of the

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households identify as minority households, or more than 40%
of the households are housing cost-burdened, as defined by the
United States Census Bureau.
"Greenhouse gas emissions" or "GHG emissions" means
emissions of carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride,
and sulfur hexafluoride.
"Greenhouse gas emissions analysis" or "GHG emissions
analysis" means the analysis of the GHG emissions calculated
as being generated by the projects and programs contained in
an applicable planning document.
"Greenhouse gas mitigation measure" or "GHG mitigation
measure" means a project, program, or policy established by
the Environmental Protection Agency by rule under subparagraph
(G) of paragraph (3) of subsection (c) that can reasonably be
expected to result in a quantifiable reduction in GHG
emissions and that would not be undertaken absent the need by
the Department or an MPO to reduce GHG emissions to meet their
greenhouse gas targets. "Greenhouse gas mitigation measure" or
"GHG mitigation measure" does not include a roadway capacity
expansion project. "Greenhouse gas mitigation measure" or "GHG
mitigation measure" includes:
(1) the addition of transit and other mobility
resources, including, but not limited to, shared bicycle
and scooter service, in a manner that will reduce VMT;
(2) improving pedestrian and bicycle access,

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particularly in areas that allow individuals to reduce
multiple daily trips and better access transit;
(3) transportation demand management to reduce VMT per
capita, including, but not limited to, vanpool and shared
vehicle programs, remote work and other forms of virtual
access, and use of pricing and other incentives for
employees and other travelers to use less greenhouse gas
intensive travel modes;
(4) improving first-and-final mile access to transit
stops and stations to make transit safer and more usable;
(5) improving the safety, efficiency, and Americans
with Disabilities Act compliance of crosswalks and
multiuse paths for pedestrians, bicyclists, and other
nonmotorized vehicles;
(6) changing parking and land use policies and
adjusting urban design requirements to encourage more
walking, bicycling, and transit trips per capita and
reduce VMT per capita;
(7) adoption or expansion of school bus, school
carpool, or school active transportation programs;
(8) electrifying loading docks to allow transportation
refrigeration units and auxiliary power units to be
plugged into the electric grid at the loading dock instead
of running on fossil fuels;
(9) accelerating the adoption of ebikes, neighborhood
electric carshare vehicles, and other forms of vehicles

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that emit less greenhouse gas when manufactured and
operated; and
(10) other measures established or authorized by the
Environmental Protection Agency by rule that reduce GHG
emissions.
"Greenhouse gas target" or "GHG target" means the maximum
amount of greenhouse gas expressed as CO2e at each of the
various specified times established by subsection (c) that the
Department and MPOs must attain through their transportation
planning and project prioritization and funding processes.
"Induced demand" means a concept from economics that as
supply increases and incurred costs decline, demand will
increase. This phenomenon has been widely observed and studied
in transportation systems where highways have been expanded to
alleviate road congestion problems, resulting in increases in
vehicle miles traveled.
"MPO" means a metropolitan planning organization
designated by agreement among the units of local government
and the Governor, charged with developing transportation plans
and programs in a metropolitan planning area under Section 134
of Title 23 of the United States Code.
"Mitigation action plan" means the plan for implementation
of GHG mitigation measures prepared by the Department or an
MPO.
"Other entities" means the entities referenced in
subsection (s).

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"Roadway capacity expansion project" means a project that
would be included in the Department's State Transportation
Improvement Program as an MPO or significant project and that
(i) adds physical highway traffic capacity or provides for
grade separation at an intersection or (ii) uses intelligent
transportation system technology to increase the traffic
capacity of an existing highway by 10% or more. "Roadway
capacity expansion project" does not include a project whose
primary purpose is enhancing public transportation bus
infrastructure or services. "Roadway capacity expansion
project" includes all project types, including those described
as maintenance or rehabilitation projects.
"Social cost of carbon" means the estimates of the social
cost of carbon adopted by the United States Environmental
Protection Agency, or such higher figure as adopted by the
Environmental Protection Agency, Department, or MPO under
subsection (o).
"STIP" means a State Transportation Improvement Program.
"TIP" means a Transportation Improvement Program.
"VMT" means vehicle miles traveled.
(c) By January 1, 2026, the Environmental Protection
Agency, after consultation with the Department and MPOs, must
establish, by rule, a schedule of GHG targets for GHG
emissions from the transportation sector in the State that:
(1) do not allow GHG emissions in the transportation
sector to exceed the greenhouse gas performance targets

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established by the Environmental Protection Agency for the
transportation sector under subsection (p) of Section 9.15
of the Environmental Protection Act;
(2) specify GHG targets on a 5-year or more frequent
compliance year basis; and
(3) allocate GHG targets across the transportation
sector of the State, which:
(A) must provide for an allocation to each MPO for
their metropolitan region;
(B) must provide for an allocation to the
Department for areas outside the boundaries of the
State's MPOs;
(C) must account for the differences in the
feasibility and extent of emissions reductions across
forms of land use and across regions of the State;
(D) must require that the Department and MPOs
factor in the impact of induced demand associated with
transportation projects and policies in calculating
the GHG emissions generated by their respective
transportation systems;
(E) must be based on the best available data and
modeling tools accessible to the Environmental
Protection Agency, such as the SHIFT calculator, after
consultation with other State agencies, universities,
the federal government, and other appropriate expert
sources;

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(F) must include VMT targets necessary for the
Department and MPOs to meet their GHG targets;
(G) must set out standards and requirements for
acceptable GHG mitigation measures; and
(H) may include additional performance targets
based on Department district, metropolitan area,
geographic region, a per capita calculation,
transportation mode, or a combination thereof.
(d) When adopting or amending an applicable planning
document, the Department and an MPO must conduct a GHG
emissions analysis that:
(1) includes (i) the existing transportation network,
(ii) the anticipated changes to that network as a result
of the projects contained in the applicable planning
document, and (iii) the projects in their STIP or TIP;
(2) estimates total CO2e emissions in millions of
metric tons for each applicable GHG target date
established under subsection (c);
(3) compares estimated total CO2e emissions against
the GHG targets applicable to the Department or MPO;
(4) compares the social cost of carbon for total
estimated CO2e emissions against the social cost of carbon
associated with each applicable GHG target;
(5) certifies whether the Department or MPO is in
compliance with its applicable GHG targets; and
(6) is published in full on the websites of the

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Department or MPO.
(e) The Department, with assistance from the Environmental
Protection Agency, shall:
(1) provide technical assistance to MPOs in fulfilling
their responsibilities under this Section, including:
(A) assembling and sharing greenhouse gas-related
resources and transportation sector best practices in
managing GHG emissions;
(B) hosting peer reviews and exchanges of
technical data, information, assistance, and related
activities;
(C) making Department staff resources accessible
to answer questions and provide in-depth assistance to
MPOs on specific issues;
(D) providing information about grants and other
funding opportunities;
(E) conducting evaluations of GHG emissions
analyses against national best practices;
(F) connecting MPOs to resources in public
agencies, universities, and elsewhere; and
(H) conducting other similar and related
activities to assist MPOs in fulfilling their
responsibilities;
(2) encourage use of consistent GHG emissions data,
assumptions, and methodology by the Department and MPOs;
(3) ensure that its planning processes under Sections

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2705-200, 2705-203, and 2705-205 and its guidance to MPOs
under this subsection provide that at least the same level
of analytical scrutiny is given to greenhouse gas
pollutants as is given to other air pollutants of concern
in the State, and include consideration of the impact on
GHG emissions of induced demand resulting from roadway
capacity expansion projects;
(4) update its Metropolitan Planning Organization
Cooperative Operations Manual, as necessary;
(5) review the GHG emissions analysis used by each MPO
to determine if the GHG emissions analysis is inclusive of
the complete, actual, and planned transportation network
in the applicable planning document and uses reasonable
GHG emissions forecasting data, assumptions, modeling, and
methodology:
(A) if the Department rejects the GHG emissions
analysis used by an MPO, the Department shall detail
the deficiencies and give the MPO an opportunity to
take corrective action;
(B) until the MPO takes appropriate corrective
action, the Department shall not approve the MPO's
applicable planning document, include the projects in
the MPO's applicable planning document in the
Department's STIP, or make a finding or otherwise
represent to the federal government or other
governmental agencies that the MPO is in compliance

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with its legal obligations;
(C) if, after given an opportunity for corrective
action, an MPO does not submit an acceptable GHG
emissions analysis, the Department may substitute its
own GHG emissions analysis for planning and
programming purposes until the MPO produces an
acceptable GHG emissions analysis; and
(D) the Department shall establish an appropriate
process, including deadlines for timely completion of
its review of MPO GHG emissions analyses and for
corrective action by MPOs where such is necessary;
(6) upon request of an MPO, provide the MPO with a GHG
emissions analysis that the MPO can use for purposes of
this Section in lieu of the MPO conducting its own GHG
emissions analysis; and
(7) adopt rules applicable to itself, MPOs, and
recipients of Department funding so the State can achieve
the transportation sector greenhouse gas emissions
reduction goals and targets set forth in subsections (c)
and (p) of Section 9.15 of the Environmental Protection
Act and administer the various processes and requirements
set forth in this Section.
(f) The Department and each MPO must use a GHG emissions
analysis to determine if their applicable planning document
will result in the Department or MPO meeting its GHG targets.
If a GHG emissions analysis determines that the Department or

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MPO is more likely than not to fail to meet one or more of its
GHG targets, then the Department or MPO shall identify GHG
mitigation measures that are needed for the Department or MPO
to meet its GHG targets as follows:
(1) The Department or MPO shall submit a mitigation
action plan that identifies GHG mitigation measures needed
to meet the GHG targets and that includes:
(A) the anticipated start and completion date of
each GHG mitigation measure;
(B) an estimate of the annual CO2e emissions
reductions achieved per year by the GHG mitigation
measure;
(C) an estimate of the impact of the GHG
mitigation measure on VMT;
(D) quantification of the specific co-benefits
from each GHG mitigation measure, including reduction
of copollutants, such as PM2.5 and NOx, as well as
travel impacts, such as changes to VMT, pedestrian or
bike use, and transit ridership;
(E) a description of any benefits to
disproportionately impacted communities from the GHG
mitigation measure, including an estimate of the total
amount spent on GHG mitigation measures in or designed
to serve disproportionately impacted communities; and
(F) a status report submitted annually and
published on its website for each GHG mitigation

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measure that contains the following information
concerning each GHG mitigation measure:
(i) availability and timing of funding;
(ii) implementation timeline;
(iii) current status;
(iv) for GHG mitigation measures that are in
progress or completed, quantification of the
greenhouse gas impact of such GHG mitigation
measures and any co-benefits or detriments; and
(v) for GHG mitigation measures that are
delayed, canceled, or substituted, an explanation
of why that decision was made and how these GHG
mitigation measures or the equivalent will be
achieved.
(2) GHG mitigation measures are sufficient if the
total GHG emissions reduction from the GHG mitigation
measures, after accounting for the GHG emissions otherwise
resulting from existing and planned projects in the
applicable planning document, results in the Department or
MPO meeting its GHG targets. Each comparison of GHG
emissions reductions and GHG targets under this subsection
must be performed over equal comparison periods.
(3) In the annual GHG mitigation measures status
report under subparagraph (F) of paragraph (1), the
Department or MPO shall certify whether its GHG mitigation
measures will be sufficient for the Department or MPO to

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meet its GHG targets.
(g) If an applicable planning document does not meet the
GHG targets for each compliance year even after consideration
of any GHG mitigation measures, the Department may deem the
applicable planning document in compliance with this Section
and approved only if the noncompliant Department or MPO
allocates funding to advance the achievement of the applicable
GHG targets as follows:
(1) in non-MPO areas, the Department (i) shall not
advance a roadway capacity expansion project from its
applicable planning document to a STIP or TIP, (ii) shall
not otherwise add a roadway capacity expansion project to
a STIP or TIP, (iii) shall reprogram funds allocated or
anticipated to be expended on roadway capacity expansion
projects awaiting inclusion in a STIP or TIP project to
GHG mitigation measures that reduce GHG emissions
sufficiently to achieve the GHG targets for each
compliance year, and (iv) shall amend its applicable
planning documents to reflect these changes;
(2) in MPO areas that are not in receipt of federal
suballocations under the Congestion Mitigation and Air
Quality Improvement Program or Surface Transportation
Board programs, the Department and MPO (i) shall not
advance a roadway capacity expansion project from its
applicable planning document to a STIP or TIP, (ii) shall
not otherwise add a roadway capacity expansion project to

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a STIP or TIP, (iii) shall reprogram funds allocated or
anticipated to be expended on roadway capacity expansion
projects awaiting inclusion in a STIP or TIP project to
GHG mitigation measures that reduce GHG emissions
sufficiently to achieve the GHG targets for each
compliance year, and (iv) shall amend its applicable
planning documents to reflect these changes;
(3) in MPO areas that are in receipt of federal
suballocations under the Congestion Mitigation and Air
Quality Improve Program or Surface Transportation Board
programs, the Department and MPO (i) shall not advance a
roadway capacity expansion project from its applicable
planning document to a STIP or TIP, (ii) shall not
otherwise add a roadway capacity expansion project to a
STIP or TIP, (iii) shall reprogram funds allocated or
anticipated to be expended on roadway capacity expansion
projects awaiting inclusion in a STIP or TIP project to
GHG mitigation measures that reduce GHG emissions
sufficiently to achieve the GHG targets for each
compliance year, and (iv) shall amend its applicable
planning documents to reflect these changes; and
(4) the Department and MPOs shall administer
paragraphs (1) through (3) as a limitation on their
authority to advance roadway capacity expansion projects
or other projects that will materially increase GHG
emissions under paragraph (5) of subsection (k) of Section

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5303 of Title 49 of the United States Code (49 U.S.C.
5303(k)(5)).
(h) Before including a roadway capacity expansion project
in an applicable planning document, the Department or MPO must
perform a GHG emissions analysis of the roadway capacity
expansion project. Following the GHG emissions analysis, the
Department or MPO must determine if, after consideration of
all relevant factors, including VMT and social cost of carbon
increases in the transportation network resulting from induced
demand, the project conforms with (i) the applicable GHG
targets and (ii) VMT targets established under subsection (c).
(1) If the Department or MPO determines that the
roadway capacity expansion project is not in conformance
with items (i) and (ii), the Department or MPO must:
(A) alter the scope or design of the roadway
capacity expansion project and perform a GHG emissions
analysis that shows that the roadway capacity
expansion project meets the requirements of items (i)
and (ii);
(B) incorporate sufficient GHG mitigation measures
to bring the Department or MPO into compliance with
its GHG targets, however, in order to be effective,
such GHG mitigation measures must be implemented no
later than contemporaneously with the implementation
of the roadway expansion project or, if not
implemented contemporaneously, a GHG mitigation

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measure must provide a valid GHG emissions reduction
after the date it is implemented; or
(C) halt development of the roadway capacity
expansion project and remove the roadway capacity
expansion project from all applicable planning
documents.
(2) The Department and MPOs must establish a process
for performing roadway capacity expansion project GHG
emissions analysis. A GHG emissions analysis for a roadway
capacity expansion project must include, but shall not be
limited to, estimates resulting from the project for the
following:
(A) GHG emissions over a period of 20 years or the
last GHG target year, whichever is later;
(B) a net change in VMT and social cost of carbon
for the transportation network after factoring in the
effects of induced demand; and
(C) consideration of additional VMT in the
transportation network from additional capacity
resulting from roadway traffic capacity expansion,
intelligent transportation systems, or both.
(3) The Department or MPO must connect any GHG
mitigation measures associated with the roadway capacity
expansion project as follows:
(A) within or associated with at least one of the
communities impacted by the roadway capacity expansion

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project;
(B) if there is not a reasonably feasible location
under subparagraph (A), in areas of persistent poverty
or historically disadvantaged communities, as measured
and defined by federal law, guidance and notices of
funding opportunity;
(C) if there is not a reasonably feasible location
under subparagraphs (A) and (B), in the region of the
roadway capacity expansion project; and
(D) if there is not a reasonably feasible location
under subparagraphs (A) through (C), on a statewide
basis.
(4) The Department or MPO must develop and use a
process for community consultation consistent with the
requirements of subsection (m) in the development of GHG
mitigation measures that the Department or MPO uses to
achieve compliance with its GHG targets.
(5) The Department or MPO must publish an explanation
regarding the feasibility and rationale for each GHG
mitigation measure under subparagraphs (B) through (D) of
paragraph (3).
(6) GHG mitigation measures connected to a roadway
expansion project are sufficient if the total greenhouse
gas reduction from the GHG mitigation measures is at least
equal to the total GHG emissions resulting from the
roadway capacity expansion project and consistent with the

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Department or MPO meeting its GHG targets.
(A) Each comparison under this paragraph must be
performed over equal comparison periods.
(B) To avoid double counting, once a GHG
mitigation measure is connected to a roadway capacity
expansion project, that GHG mitigation measure shall
not be used to offset greenhouse gases associated with
other roadway capacity expansion projects or other
projects included in an applicable planning document.
(7) The Department and MPOs must publish information
regarding roadway capacity expansion project GHG emissions
analyses on their websites. The information must include:
(A) an identification of each roadway capacity
expansion project; and
(B) for each roadway capacity expansion project, a
summary that includes an overview of and link to the
roadway capacity expansion project GHG emissions
analysis, the greenhouse gas impact determination by
the Department or MPO, the social cost of carbon added
by the roadway capacity expansion project, and project
disposition, including a review of any GHG mitigation
measures.
(i) The Department and MPOs may use a GHG mitigation
measure as an offset against GHG emissions only after the date
the GHG mitigation measure has been implemented.
(j) By January 1, 2028, and every 3 years thereafter, the

SB3934 - 24 - LRB103 40300 LNS 72375 b
Department shall prepare a comprehensive, publicly released
report on statewide transportation greenhouse gas reduction
accomplishments and challenges and make recommendations for
any legislative action or State agency rulemaking that would
assist the Department and MPOs in meeting their GHG targets.
The report, at a minimum, shall include:
(1) a description of whether the Department and MPOs
are on track to meet their GHG targets and VMT targets;
(2) an assessment of State and local laws,
regulations, rules, and practices and recommendations for
modifications that would help ensure that the Department
and MPOs meet their GHG targets and VMT targets;
(3) a description of the benefits from reductions in
GHG emissions and copollutants in the transportation
sector, diversification of energy sources used for
transportation, and substitution of other motorized and
nonmotorized modes of travel for VMT currently being
handled by vehicles powered by internal combustion
engines, and other economic, environmental, and public
health benefits;
(4) a description of the compliance costs borne by the
Department and MPOs in meeting their GHG targets and VMT
targets;
(5) a description of the social cost of carbon
associated with the transportation systems for which the
Department and each MPO is responsible and the social cost

SB3934 - 25 - LRB103 40300 LNS 72375 b
of carbon reductions that result from GHG mitigation
measures and other steps being taken by the Department and
each MPO to reduce GHG emissions;
(6) a description of whether measures taken by the
Department and MPOs to meet GHG targets are equitable,
minimize costs, and maximize the total benefits to the
State and its citizens; and
(7) a description of whether activities undertaken to
meet GHG targets by the Department and MPOs have unduly
burdened disproportionately impacted communities.
(k) Before including any project that has an anticipated
cost of $30,000,000 or more (i) in an applicable planning
document or (ii) as a GHG mitigation measure, the Department
or MPO shall calculate a climate equity accessibility score
for the project. The climate equity accessibility score shall
be based on a GHG emissions analysis of the project and a
measurement of (i) the current levels of access to jobs,
hospitals, schools, and food by available modes of
transportation and (ii) the current level of affordability of
transportation in the project area. The Department and MPO
shall then calculate a climate equity accessibility score
based on the projected change in GHG emissions, accessibility,
and affordability from the proposed project. Projects that
result in relatively high reductions of GHG emissions while
increasing access to jobs and other destinations and providing
more affordable transportation options will receive a higher

SB3934 - 26 - LRB103 40300 LNS 72375 b
climate equity accessibility score than projects that fail to
deliver such benefits. To advance the goals of this Section
and optimize the use of public funds, the Department and MPOs
shall give priority to projects with high climate equity
accessibility scores, considering which project delivers the
most climate equity accessibility score benefit per dollar
invested. The Department, with the assistance of the
Environmental Protection Agency, shall provide technical
assistance to MPOs in fulfilling their responsibilities under
this subsection.
(l) To the full extent allowed by paragraph (4) of
subsection (k) of Section 5303 of Title 49 of the United States
Code and other applicable laws, and to extend the existing
authority under State law vested in the Chicago Metropolitan
Agency for Planning to MPOs throughout the State, MPOs, with
the full support of the Department, shall conduct housing
coordination planning to help the Department and MPOs meet
their GHG targets.
(1) MPOs shall develop housing coordination plans
consistent with subparagraph (C) of paragraph (4) of
subsection (k) of Section 5303 of Title 49 of the United
States Code (49 U.S.C. 5303(k)(4)(C)) to better integrate
housing, transportation, and economic development
strategies and to, among other things:
(A) better connect housing and employment while
mitigating commuting times;

SB3934 - 27 - LRB103 40300 LNS 72375 b
(B) align transportation improvements with housing
needs, such as housing supply shortages, and proposed
housing development;
(C) align planning for housing and transportation
to address needs in relationship to household incomes
within the metropolitan planning area;
(D) expand housing and economic development within
the catchment areas of existing transportation
facilities and public transportation services when
appropriate, including higher-density development, as
locally determined;
(E) manage effects of VMT growth in the
metropolitan planning area related to housing
development and economic development; and
(F) increase the share of households with
sufficient and affordable access to the transportation
networks of the metropolitan planning area.
(2) MPOs shall identify the location of existing and
planned housing and employment and transportation options
that connect housing and employment.
(3) MPOs shall include a comparison of State,
regional, and local transportation plans in the region to
land use management plans, including zoning plans, that
may affect road use, public transportation ridership, and
housing development.
(4) In their housing coordination planning, MPOs shall

SB3934 - 28 - LRB103 40300 LNS 72375 b
focus on the effect that land use policies and practices,
such as minimum parking requirements and exclusionary
zoning requirements, contribute to increases in VMT and
GHG emissions and consider how such policies affect
housing and transportation affordability.
(5) MPOs shall outline recommendations for land use
policies and best practices that have the effect of
increasing the affordability of housing and transportation
and reducing GHG emissions.
(6) The Department shall assist MPOs in their housing
coordination planning and make best efforts to align the
Department's planning and project programming with MPO
efforts to encourage land use policies and best practices
that have the effect of increasing the affordability of
housing and transportation, improving accessibility to
destinations, and reducing GHG emissions.
(7) The Department shall not advance to the STIP a
project in a metropolitan planning area that the MPO has
determined would conflict with its housing coordination
plan prepared under paragraph (1) or would have the effect
of decreasing the affordability of transportation or the
accessibility of destinations or of increasing GHG
emissions.
(8) In furtherance of Section 48 of the Regional
Planning Act, the Department and MPOs shall adopt
performance-based methods for allocating discretionary

SB3934 - 29 - LRB103 40300 LNS 72375 b
funds that reward jurisdictions that have adopted land use
policies and practices associated with increasing the
affordability of housing and transportation, improving
accessibility to destinations, and reducing GHG emissions.
(A) The Department and MPOs may build on the
climate equity accessibility scoring tool developed
under subsection (k) or develop a separate tool for
identifying jurisdictions that have adopted land use
policies and practices associated with increasing the
affordability of housing and transportation, improving
accessibility to destinations, and reducing GHG
emissions.
(B) The Department and MPOs shall publicly
describe the methodology they use in allocating
discretionary funding under this paragraph.
(C) When allocating discretionary funding, the
Department and MPOs shall give at least equal weight
to land use policies and practices that facilitate
reductions in GHG emissions that they give to existing
factors, such as congestion relief, safety, and
traffic operations.
(D) The Department and MPOs shall consider land
use policies and practices as provided in this
subsection when allocating discretionary funding from
every source.
(9) When evaluating all projects for possible

SB3934 - 30 - LRB103 40300 LNS 72375 b
inclusion in applicable planning documents or in a STIP or
TIP, the Department and MPOs shall adopt performance-based
project selection methods that give priority to projects
located in jurisdictions that have adopted land use
policies and practices associated with increasing the
affordability of housing and transportation, improving
accessibility to destinations, and reducing GHG emissions.
(10) This subsection shall not diminish or restrict
the existing authority of jurisdictions over their land
use policies and practices.
(m) The Department and MPOs shall provide early and
continuous opportunities for public participation in the
transportation planning process. The process shall be
proactive and provide timely information, adequate public
notice, reasonable public access, and opportunities for public
review and comment at key decision points in the process. The
objectives of public participation in the transportation
planning process include providing a mechanism for public
perspectives, needs, and ideas to be considered in the
planning process; developing the public's understanding of the
problems and opportunities facing the transportation system;
demonstrating explicit consideration and response to public
input through a variety of tools and techniques; and
developing a consensus on plans. The Department shall develop
a documented public participation process under 23 CFR 450.
(1) Under 23 CFR 450, Subpart B, the Department is

SB3934 - 31 - LRB103 40300 LNS 72375 b
responsible, in cooperation with the MPOs, for carrying
out public participation for developing, amending, and
updating the Long-Range State Transportation Plan, the
STIP, and other statewide transportation planning
activities.
(2) Under 23 CFR 450, Subpart C, the MPOs, in
cooperation with the Department, are responsible for
carrying out public participation for the development of
Regional Transportation Plans, TIPs, and other regional
transportation planning activities for their respective
metropolitan planning areas.
(3) Public participation activities at both the MPO
and Department levels shall include, at a minimum:
(A) establishing and maintaining for the
geographic area of responsibility a list of all known
parties interested in transportation planning,
including, but not limited to: elected officials;
municipal and county planning staffs; affected public
agencies; local, State, and federal agencies eligible
for federal and State transportation funds; local
representatives of public transportation agency
employees and users; freight shippers and providers of
freight transportation services; public and private
transportation providers; representatives of users of
transit, bicycling, pedestrian, aviation, and train
facilities; private industry; environmental and other

SB3934 - 32 - LRB103 40300 LNS 72375 b
interest groups; representatives of persons or groups
that may be underserved by existing transportation
systems, such as minority persons, low-income seniors,
persons with disabilities, and persons with limited
English proficiency; and members of the general public
expressing interest in the transportation planning
process;
(B) providing reasonable notice, which for notice
to a disproportionately impacted community requires
the notice to be translated into the primary language
spoken in the disproportionately impacted community,
and opportunity to comment through mailing lists and
other communication methods on upcoming transportation
planning-related activities and meetings;
(C) using reasonably available Internet or
traditional media opportunities, including minority
media and diverse media, to provide timely notices of
planning-related activities and meetings to members of
the public, including limited English proficiency
individuals and others who may require reasonable
accommodations. Methods that shall be used to the
maximum extent practicable for public participation
may include, but shall not be limited to, use of the
Internet, social media, news media, such as
newspapers, radio, or television, mailings to
disproportionately impacted communities by existing

SB3934 - 33 - LRB103 40300 LNS 72375 b
transportation systems, including, but not limited to,
seniors and persons with disabilities, and notices,
including electronic mail and online newsletters;
(D) seeking out persons and groups, including
minority groups and those with disabilities,
low-income, and limited English proficiency, for the
purposes of exchanging information, increasing their
involvement, and considering their transportation
needs in the transportation planning process;
(E) consulting, as appropriate, with federal,
State, local, and tribal agencies responsible for land
use management, natural resources, environmental
protection, conservation, cultural resources, and
historic preservation concerning the development of
long-range transportation plans;
(F) providing reasonable public access to, and
appropriate opportunities for public review and
comment on, criteria, standards, and other
planning-related information. Reasonable public access
includes, but is not limited to, limited English
proficiency services and access to ADA-compliant
facilities, as well as to the Internet;
(G) where feasible, scheduling the development of
regional and statewide plans so that the release of
the draft plans may be coordinated to provide for the
opportunity for joint public outreach;

SB3934 - 34 - LRB103 40300 LNS 72375 b
(H) responses, in writing, from the Department and
MPOs to all significant issues raised during the
review and comment period on transportation plans,
making the responses available to the public; and
(I) collaborating periodically with all interested
parties and the Department and MPOs to review the
effectiveness of the Department's and MPOs' public
involvement practices to ensure that they provide full
and open access to all members of the public. When
necessary, the Department or MPO shall revise their
public participation practices in the transportation
planning process and allow time for public review and
comment per 23 CFR 450.
(n) Beginning on January 1, 2025, each applicable planning
document from the Department or MPO must include a
consolidated and comprehensive list of all project types to be
funded using any federal, State, or local funding source,
including bicycle, pedestrian, bus, rail, and roadway
projects, and shall include a summary of planned expenditures
by project type.
(o) Beginning September 30, 2025, the Department and MPOs
shall establish a social cost of carbon and use the social cost
of carbon in their applicable planning documents and other
planning activities.
(1) The social cost of carbon shall serve as a
monetary estimate of the value of not emitting a ton of GHG

SB3934 - 35 - LRB103 40300 LNS 72375 b
emissions.
(2) In developing the social cost of carbon applicable
to the projects and programs in their applicable planning
documents and for other planning and project programming
activities, the Department and MPOs shall consider the
social cost of carbon established by the Environmental
Protection Agency under subsection (q) of Section 9.15 of
the Environmental Protection Act and may consider prior or
existing estimates of the social cost of carbon issued or
adopted by the federal government, appropriate
international bodies, or other appropriate and reputable
scientific organizations.
(3) The Department may adopt the social cost of carbon
established by the Environmental Protection Agency under
subsection (q) of Section 9.15 of the Environmental
Protection Act or establish its own social cost of carbon
through the process set forth in paragraphs (1) and (2),
but the Department shall not adopt a social cost of carbon
that is lower than that established by the Environmental
Protection Agency.
(4) MPOs may adopt the social cost of carbon
established by the Environmental Protection Agency under
subsection (q) of Section 9.15 of the Environmental
Protection Act or by the Department under paragraph (3) or
establish their own social cost of carbon through the
process set forth in paragraphs (1) and (2), but an MPO

SB3934 - 36 - LRB103 40300 LNS 72375 b
shall not adopt a social cost of carbon that is lower than
that established by the Environmental Protection Agency or
the Department.
(5) The Department shall incorporate the social cost
of carbon into its assessment of projects for possible
inclusion in its applicable planning document or for
inclusion in a STIP or TIP, giving priority to projects
that have a relatively low social cost of carbon:
(A) The Department shall not include any project
over $30,000,000 in an applicable planning document or
a STIP or TIP unless it has calculated the social cost
of carbon resulting from the project over the useful
life of the project.
(B) Such calculations shall result in an estimate
of the social cost of carbon under a no-build scenario
and an estimate of the social cost of carbon if the
project is built, factoring in the effects of induced
demand and other appropriate factors.
(C) The estimate of the social cost of carbon must
include total additional GHG emissions attributable to
the proposed project and shall not be limited to GHG
emissions from within the physical boundaries of the
project.
(D) The Department shall publish in applicable
planning documents and STIPs the no-build and build
estimates of the social cost of carbon for each

SB3934 - 37 - LRB103 40300 LNS 72375 b
project for which an estimate of the social cost of
carbon has been prepared.
(E) For purposes of its planning processes under
Sections 2705-200, 2705-203, and 2705-205, and after
factoring in the effects of induced demand on VMT
attributable to a proposed project, the Department
shall offset the social cost of carbon and the social
cost of crashes attributable to a project against its
projections of the value of the time savings from any
reduction in congestion attributable to the project
and shall publish its calculations and results.
(F) The Department may rely upon estimates of the
social cost of carbon prepared by MPOs for projects
included in a STIP that are located inside the MPO's
boundaries only if the Department finds that those
estimates of the social cost of carbon are based on
reasonable assumptions and methodology.
(6) Each MPO shall incorporate the social cost of
carbon into its assessment of projects for possible
inclusion in its applicable planning document or for
inclusion in a TIP, giving priority to projects that have
a relatively low social cost of carbon:
(A) An MPO shall not include any project over
$30,000,000 in a TIP unless it has calculated the
social cost of carbon resulting from the project over
the useful life of the project.

SB3934 - 38 - LRB103 40300 LNS 72375 b
(B) Such calculations shall result in an estimate
of the social cost of carbon under a no-build scenario
and an estimate of the social cost of carbon if the
project is built, factoring in the effects of induced
demand and other appropriate factors.
(C) The estimate of the social cost of carbon must
include total additional GHG emissions attributable to
the proposed project and shall not be limited to GHG
emissions from within the physical boundaries of the
project.
(D) Each MPO shall publish in its applicable
planning documents and TIPs the no-build and build
estimates of the social cost of carbon for each
project for which an estimate of the social cost of
carbon has been prepared.
(E) For purposes of its planning processes, and
after factoring in the effects of induced demand on
VMT attributable to a proposed project, an MPO shall
offset the social cost of carbon and the social cost of
crashes attributable to a project from its projection
of the value of the time savings from any reduction in
congestion attributable to the project and shall
publish its calculations and results.
(F) An MPO may rely upon the estimate of the social
cost of carbon prepared by the Department for projects
included in a TIP only if the MPO finds that the

SB3934 - 39 - LRB103 40300 LNS 72375 b
Department's estimates of the social cost of carbon
are based on reasonable assumptions and methodologies.
(p) By no later than January 1, 2025, the Department shall
convene a Greenhouse Gas in Transportation Working Group.
(1) The Working Group shall assist the Department and
MPOs with:
(A) planning and implementing the requirements of
this Section;
(B) identifying opportunities to reduce GHG
emissions in the transportation sector;
(C) identifying promising GHG mitigation measures;
(D) preparing the Department's triennial report on
statewide transportation sector greenhouse gas
reduction accomplishments and challenges and make
recommendations for any legislative or regulatory
action that would assist the Department and MPOs in
meeting their GHG targets; and
(E) connecting the Department and MPOs with local,
regional, and national experts and best practices
relating to planning and programming transportation
projects to, among other things, reduce GHG emissions
from the transportation sector.
(2) The membership of the Working Group shall include
the following:
(A) the Secretary of Transportation or the
Secretary's designee;

SB3934 - 40 - LRB103 40300 LNS 72375 b
(B) the Director of the Environmental Protection
Agency or the Director's designee;
(C) the Chair of the Chicago Metropolitan Agency
for Planning or the Chair's designee;
(D) the chair of another MPO or the chair's
designee, appointed by the Governor;
(E) a university representative with expertise in
GHG emissions in the transportation sector, appointed
by the Governor;
(F) a representative from an environmental justice
organization, appointed by the Governor;
(G) a representative from an active transportation
organization, appointed by the Governor;
(H) a representative from a transportation
planning organization, appointed by the Governor;
(I) a representative from a land use planning
organization, appointed by the Governor;
(J) a representative from the freight industry,
appointed by the Governor;
(K) a representative from a public transportation
agency, appointed by the Governor;
(L) a representative from a labor organization,
appointed by the Governor;
(M) a representative from a road building
contractor, appointed by the Governor;
(N) a representative from a chamber of commerce,

SB3934 - 41 - LRB103 40300 LNS 72375 b
appointed by the Governor;
(P) a representative from the engineering sector,
appointed by the Governor; and
(Q) such other representatives, appointed by the
Governor, that will ensure that the Working Group will
provide the Department and MPOs with a sufficient
range and depth of expertise in GHG emissions
reduction in the transportation sector to assist the
Department and MPOs in carrying out their
responsibilities under this Section.
(3) The members of the Working Group must select a
Chair from its membership.
(4) Members of the Working Group shall serve without
compensation other than reimbursement for travel and other
expenses incurred in the performance of their duties.
(5) The Department shall provide sufficient staff
support and other resources for the Working Group to
perform its duties effectively, including a website
accessible to the public that contains an up-to-date
record of the activities, research, reports,
recommendations, and other materials assembled by the
Working Group.
(6) The Working Group shall first meet within 90 days
of the effective date of this amendatory Act of the 103rd
General Assembly. The Working Group shall hold public
meetings no less than quarterly, shall actively seek

SB3934 - 42 - LRB103 40300 LNS 72375 b
public input, shall publish annual reports, and by June
30, 2027, shall publish a report with recommendations for
how the Department and MPOs can most effectively reduce
GHG emissions from the transportation sector.
(7) The Department shall consider and incorporate
recommendations from the Working Group in its triennial
reports under subsection (j), and both the Department and
MPOs shall consider and incorporate such recommendations
in their preparation of their applicable planning
documents.
(8) The Working Group shall operate through January
30, 2028, or 30 days after the Department's filing of its
first triennial report, whichever is later. The Working
Group shall continue in operation after that date to
further assist the Department and MPOs in fulfilling their
responsibilities under this Section unless abolished by
the Governor after receipt of abolition recommendations
from both the Environmental Protection Agency and the
Department.
(q) Except as otherwise provided, the requirements of this
Section shall commence with projects included in applicable
planning documents filed on or after January 1, 2027.
(r) The requirements of this Section are in addition to
and shall, to the extent practicable, be executed concurrently
with other requirements for transportation planning, project
prioritization, public outreach, project implementation, or

SB3934 - 43 - LRB103 40300 LNS 72375 b
transparency and accountability established by law, rule, or
policy.
(s) The requirements of this Section shall extend to the
Illinois State Toll Highway Authority and any other builder or
operator of a public highway under a public-private
partnership agreement or other means authorized by State law.
(1) The requirements of this Section that apply to the
other entities include, but are not limited to, the
following:
(A) the Environmental Protection Agency shall
assign GHG targets to other entities under subsection
(c);
(B) other entities shall conduct GHG emissions
analysis and be subject to the other requirements set
forth in subsections (d), (e), (f), (g), and (h) with
respect to their applicable planning documents;
(C) other entities shall conduct climate equity
accessibility scoring as set forth in subsection (k);
(D) other entities shall follow the public
participation requirements set forth in subsection
(j); and
(E) other entities shall use the social cost of
carbon in their planning and project programming
processes as set forth in subsection (o).
(2) Other entities may request assistance in complying
with the requirements of this Section from the Department

SB3934 - 44 - LRB103 40300 LNS 72375 b
under subsection (e) and from the Greenhouse Gas in
Transportation Working Group under subsection (p).
(3) With respect to other entities, "applicable
planning document" means the other entity's capital plan
or other document in which the other entity identifies
projects that it anticipates advancing for construction.
(4) The Department may adopt rules necessary to extend
the requirements of this Section to the other entities.
Section 10. The Environmental Protection Act is amended by
changing Section 9.15 as follows:
(415 ILCS 5/9.15)
Sec. 9.15. Greenhouse gases.
(a) An air pollution construction permit shall not be
required due to emissions of greenhouse gases if the
equipment, site, or source is not subject to regulation, as
defined by 40 CFR 52.21, as now or hereafter amended, for
greenhouse gases or is otherwise not addressed in this Section
or by the Board in regulations for greenhouse gases. These
exemptions do not relieve an owner or operator from the
obligation to comply with other applicable rules or
regulations.
(b) An air pollution operating permit shall not be
required due to emissions of greenhouse gases if the
equipment, site, or source is not subject to regulation, as

SB3934 - 45 - LRB103 40300 LNS 72375 b
defined by Section 39.5 of this Act, for greenhouse gases or is
otherwise not addressed in this Section or by the Board in
regulations for greenhouse gases. These exemptions do not
relieve an owner or operator from the obligation to comply
with other applicable rules or regulations.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) As used in this Section:
"Carbon dioxide emission" means the plant annual CO2 total
output emission as measured by the United States Environmental
Protection Agency in its Emissions & Generation Resource
Integrated Database (eGrid), or its successor.
"Carbon dioxide equivalent emissions" or "CO2e" means the
sum total of the mass amount of emissions in tons per year,
calculated by multiplying the mass amount of each of the 6
greenhouse gases specified in Section 3.207, in tons per year,
by its associated global warming potential as set forth in 40
CFR 98, subpart A, table A-1 or its successor, and then adding
them all together.
"Cogeneration" or "combined heat and power" refers to any
system that, either simultaneously or sequentially, produces
electricity and useful thermal energy from a single fuel
source.
"Copollutants" refers to the 6 criteria pollutants that
have been identified by the United States Environmental

SB3934 - 46 - LRB103 40300 LNS 72375 b
Protection Agency pursuant to the Clean Air Act.
"Electric generating unit" or "EGU" means a fossil
fuel-fired stationary boiler, combustion turbine, or combined
cycle system that serves a generator that has a nameplate
capacity greater than 25 MWe and produces electricity for
sale.
"Environmental justice community" means the definition of
that term based on existing methodologies and findings, used
and as may be updated by the Illinois Power Agency and its
program administrator in the Illinois Solar for All Program.
"Equity investment eligible community" or "eligible
community" means the geographic areas throughout Illinois that
would most benefit from equitable investments by the State
designed to combat discrimination and foster sustainable
economic growth. Specifically, eligible community means the
following areas:
(1) areas where residents have been historically
excluded from economic opportunities, including
opportunities in the energy sector, as defined as R3 areas
pursuant to Section 10-40 of the Cannabis Regulation and
Tax Act; and
(2) areas where residents have been historically
subject to disproportionate burdens of pollution,
including pollution from the energy sector, as established
by environmental justice communities as defined by the
Illinois Power Agency pursuant to the Illinois Power

SB3934 - 47 - LRB103 40300 LNS 72375 b
Agency Act, excluding any racial or ethnic indicators.
"Equity investment eligible person" or "eligible person"
means the persons who would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, eligible
person means the following people:
(1) persons whose primary residence is in an equity
investment eligible community;
(2) persons whose primary residence is in a
municipality, or a county with a population under 100,000,
where the closure of an electric generating unit or mine
has been publicly announced or the electric generating
unit or mine is in the process of closing or closed within
the last 5 years;
(3) persons who are graduates of or currently enrolled
in the foster care system; or
(4) persons who were formerly incarcerated.
"Existing emissions" means:
(1) for CO2e, the total average tons-per-year of CO2e
emitted by the EGU or large GHG-emitting unit either in
the years 2018 through 2020 or, if the unit was not yet in
operation by January 1, 2018, in the first 3 full years of
that unit's operation; and
(2) for any copollutant, the total average
tons-per-year of that copollutant emitted by the EGU or
large GHG-emitting unit either in the years 2018 through

SB3934 - 48 - LRB103 40300 LNS 72375 b
2020 or, if the unit was not yet in operation by January 1,
2018, in the first 3 full years of that unit's operation.
"Green hydrogen" means a power plant technology in which
an EGU creates electric power exclusively from electrolytic
hydrogen, in a manner that produces zero carbon and
copollutant emissions, using hydrogen fuel that is
electrolyzed using a 100% renewable zero carbon emission
energy source.
"Large greenhouse gas-emitting unit" or "large
GHG-emitting unit" means a unit that is an electric generating
unit or other fossil fuel-fired unit that itself has a
nameplate capacity or serves a generator that has a nameplate
capacity greater than 25 MWe and that produces electricity,
including, but not limited to, coal-fired, coal-derived,
oil-fired, natural gas-fired, and cogeneration units.
"NOx emission rate" means the plant annual NOx total output
emission rate as measured by the United States Environmental
Protection Agency in its Emissions & Generation Resource
Integrated Database (eGrid), or its successor, in the most
recent year for which data is available.
"Public greenhouse gas-emitting units" or "public
GHG-emitting unit" means large greenhouse gas-emitting units,
including EGUs, that are wholly owned, directly or indirectly,
by one or more municipalities, municipal corporations, joint
municipal electric power agencies, electric cooperatives, or
other governmental or nonprofit entities, whether organized

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and created under the laws of Illinois or another state.
"SO2 emission rate" means the "plant annual SO2 total
output emission rate" as measured by the United States
Environmental Protection Agency in its Emissions & Generation
Resource Integrated Database (eGrid), or its successor, in the
most recent year for which data is available.
(g) All EGUs and large greenhouse gas-emitting units that
use coal or oil as a fuel and are not public GHG-emitting units
shall permanently reduce all CO2e and copollutant emissions to
zero no later than January 1, 2030.
(h) All EGUs and large greenhouse gas-emitting units that
use coal as a fuel and are public GHG-emitting units shall
permanently reduce CO2e emissions to zero no later than
December 31, 2045. Any source or plant with such units must
also reduce their CO2e emissions by 45% from existing
emissions by no later than January 1, 2035. If the emissions
reduction requirement is not achieved by December 31, 2035,
the plant shall retire one or more units or otherwise reduce
its CO2e emissions by 45% from existing emissions by June 30,
2038.
(i) All EGUs and large greenhouse gas-emitting units that
use gas as a fuel and are not public GHG-emitting units shall
permanently reduce all CO2e and copollutant emissions to zero,
including through unit retirement or the use of 100% green
hydrogen or other similar technology that is commercially
proven to achieve zero carbon emissions, according to the

SB3934 - 50 - LRB103 40300 LNS 72375 b
following:
(1) No later than January 1, 2030: all EGUs and large
greenhouse gas-emitting units that have a NOx emissions
rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
greater than 0.006 lb/MWh, and are located in or within 3
miles of an environmental justice community designated as
of January 1, 2021 or an equity investment eligible
community.
(2) No later than January 1, 2040: all EGUs and large
greenhouse gas-emitting units that have a NOx emission
rate of greater than 0.12 lbs/MWh or a SO2 emission rate
greater than 0.006 lb/MWh, and are not located in or
within 3 miles of an environmental justice community
designated as of January 1, 2021 or an equity investment
eligible community. After January 1, 2035, each such EGU
and large greenhouse gas-emitting unit shall reduce its
CO2e emissions by at least 50% from its existing emissions
for CO2e, and shall be limited in operation to, on average,
6 hours or less per day, measured over a calendar year, and
shall not run for more than 24 consecutive hours except in
emergency conditions, as designated by a Regional
Transmission Organization or Independent System Operator.
(3) No later than January 1, 2035: all EGUs and large
greenhouse gas-emitting units that began operation prior
to the effective date of this amendatory Act of the 102nd
General Assembly and have a NOx emission rate of less than

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or equal to 0.12 lb/MWh and a SO2 emission rate less than
or equal to 0.006 lb/MWh, and are located in or within 3
miles of an environmental justice community designated as
of January 1, 2021 or an equity investment eligible
community. Each such EGU and large greenhouse gas-emitting
unit shall reduce its CO2e emissions by at least 50% from
its existing emissions for CO2e no later than January 1,
2030.
(4) No later than January 1, 2040: All remaining EGUs
and large greenhouse gas-emitting units that have a heat
rate greater than or equal to 7000 BTU/kWh. Each such EGU
and Large greenhouse gas-emitting unit shall reduce its
CO2e emissions by at least 50% from its existing emissions
for CO2e no later than January 1, 2035.
(5) No later than January 1, 2045: all remaining EGUs
and large greenhouse gas-emitting units.
(j) All EGUs and large greenhouse gas-emitting units that
use gas as a fuel and are public GHG-emitting units shall
permanently reduce all CO2e and copollutant emissions to zero,
including through unit retirement or the use of 100% green
hydrogen or other similar technology that is commercially
proven to achieve zero carbon emissions by January 1, 2045.
(k) All EGUs and large greenhouse gas-emitting units that
utilize combined heat and power or cogeneration technology
shall permanently reduce all CO2e and copollutant emissions to
zero, including through unit retirement or the use of 100%

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green hydrogen or other similar technology that is
commercially proven to achieve zero carbon emissions by
January 1, 2045.
(k-5) No EGU or large greenhouse gas-emitting unit that
uses gas as a fuel and is not a public GHG-emitting unit may
emit, in any 12-month period, CO2e or copollutants in excess of
that unit's existing emissions for those pollutants.
(l) Notwithstanding subsections (g) through (k-5), large
GHG-emitting units including EGUs may temporarily continue
emitting CO2e and copollutants after any applicable deadline
specified in any of subsections (g) through (k-5) if it has
been determined, as described in paragraphs (1) and (2) of
this subsection, that ongoing operation of the EGU is
necessary to maintain power grid supply and reliability or
ongoing operation of large GHG-emitting unit that is not an
EGU is necessary to serve as an emergency backup to
operations. Up to and including the occurrence of an emission
reduction deadline under subsection (i), all EGUs and large
GHG-emitting units must comply with the following terms:
(1) if an EGU or large GHG-emitting unit that is a
participant in a regional transmission organization
intends to retire, it must submit documentation to the
appropriate regional transmission organization by the
appropriate deadline that meets all applicable regulatory
requirements necessary to obtain approval to permanently
cease operating the large GHG-emitting unit;

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(2) if any EGU or large GHG-emitting unit that is a
participant in a regional transmission organization
receives notice that the regional transmission
organization has determined that continued operation of
the unit is required, the unit may continue operating
until the issue identified by the regional transmission
organization is resolved. The owner or operator of the
unit must cooperate with the regional transmission
organization in resolving the issue and must reduce its
emissions to zero, consistent with the requirements under
subsection (g), (h), (i), (j), (k), or (k-5), as
applicable, as soon as practicable when the issue
identified by the regional transmission organization is
resolved; and
(3) any large GHG-emitting unit that is not a
participant in a regional transmission organization shall
be allowed to continue emitting CO2e and copollutants
after the zero-emission date specified in subsection (g),
(h), (i), (j), (k), or (k-5), as applicable, in the
capacity of an emergency backup unit if approved by the
Illinois Commerce Commission.
(m) No variance, adjusted standard, or other regulatory
relief otherwise available in this Act may be granted to the
emissions reduction and elimination obligations in this
Section.
(n) By June 30 of each year, beginning in 2025, the Agency

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shall prepare and publish on its website a report setting
forth the actual greenhouse gas emissions from individual
units and the aggregate statewide emissions from all units for
the prior year.
(o) Every 5 years beginning in 2025, the Environmental
Protection Agency, Illinois Power Agency, and Illinois
Commerce Commission shall jointly prepare, and release
publicly, a report to the General Assembly that examines the
State's current progress toward its renewable energy resource
development goals, the status of CO2e and copollutant
emissions reductions, the current status and progress toward
developing and implementing green hydrogen technologies, the
current and projected status of electric resource adequacy and
reliability throughout the State for the period beginning 5
years ahead, and proposed solutions for any findings. The
Environmental Protection Agency, Illinois Power Agency, and
Illinois Commerce Commission shall consult PJM
Interconnection, LLC and Midcontinent Independent System
Operator, Inc., or their respective successor organizations
regarding forecasted resource adequacy and reliability needs,
anticipated new generation interconnection, new transmission
development or upgrades, and any announced large GHG-emitting
unit closure dates and include this information in the report.
The report shall be released publicly by no later than
December 15 of the year it is prepared. If the Environmental
Protection Agency, Illinois Power Agency, and Illinois

SB3934 - 55 - LRB103 40300 LNS 72375 b
Commerce Commission jointly conclude in the report that the
data from the regional grid operators, the pace of renewable
energy development, the pace of development of energy storage
and demand response utilization, transmission capacity, and
the CO2e and copollutant emissions reductions required by
subsection (i) or (k-5) reasonably demonstrate that a resource
adequacy shortfall will occur, including whether there will be
sufficient in-state capacity to meet the zonal requirements of
MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
regional transmission organizations, or that the regional
transmission operators determine that a reliability violation
will occur during the time frame the study is evaluating, then
the Illinois Power Agency, in conjunction with the
Environmental Protection Agency shall develop a plan to reduce
or delay CO2e and copollutant emissions reductions
requirements only to the extent and for the duration necessary
to meet the resource adequacy and reliability needs of the
State, including allowing any plants whose emission reduction
deadline has been identified in the plan as creating a
reliability concern to continue operating, including operating
with reduced emissions or as emergency backup where
appropriate. The plan shall also consider the use of renewable
energy, energy storage, demand response, transmission
development, or other strategies to resolve the identified
resource adequacy shortfall or reliability violation.
(1) In developing the plan, the Environmental

SB3934 - 56 - LRB103 40300 LNS 72375 b
Protection Agency and the Illinois Power Agency shall hold
at least one workshop open to, and accessible at a time and
place convenient to, the public and shall consider any
comments made by stakeholders or the public. Upon
development of the plan, copies of the plan shall be
posted and made publicly available on the Environmental
Protection Agency's, the Illinois Power Agency's, and the
Illinois Commerce Commission's websites. All interested
parties shall have 60 days following the date of posting
to provide comment to the Environmental Protection Agency
and the Illinois Power Agency on the plan. All comments
submitted to the Environmental Protection Agency and the
Illinois Power Agency shall be encouraged to be specific,
supported by data or other detailed analyses, and, if
objecting to all or a portion of the plan, accompanied by
specific alternative wording or proposals. All comments
shall be posted on the Environmental Protection Agency's,
the Illinois Power Agency's, and the Illinois Commerce
Commission's websites. Within 30 days following the end of
the 60-day review period, the Environmental Protection
Agency and the Illinois Power Agency shall revise the plan
as necessary based on the comments received and file its
revised plan with the Illinois Commerce Commission for
approval.
(2) Within 60 days after the filing of the revised
plan at the Illinois Commerce Commission, any person

SB3934 - 57 - LRB103 40300 LNS 72375 b
objecting to the plan shall file an objection with the
Illinois Commerce Commission. Within 30 days after the
expiration of the comment period, the Illinois Commerce
Commission shall determine whether an evidentiary hearing
is necessary. The Illinois Commerce Commission shall also
host 3 public hearings within 90 days after the plan is
filed. Following the evidentiary and public hearings, the
Illinois Commerce Commission shall enter its order
approving or approving with modifications the reliability
mitigation plan within 180 days.
(3) The Illinois Commerce Commission shall only
approve the plan if the Illinois Commerce Commission
determines that it will resolve the resource adequacy or
reliability deficiency identified in the reliability
mitigation plan at the least amount of CO2e and copollutant
emissions, taking into consideration the emissions impacts
on environmental justice communities, and that it will
ensure adequate, reliable, affordable, efficient, and
environmentally sustainable electric service at the lowest
total cost over time, taking into account the impact of
increases in emissions.
(4) If the resource adequacy or reliability deficiency
identified in the reliability mitigation plan is resolved
or reduced, the Environmental Protection Agency and the
Illinois Power Agency may file an amended plan adjusting
the reduction or delay in CO2e and copollutant emission

SB3934 - 58 - LRB103 40300 LNS 72375 b
reduction requirements identified in the plan.
(p) The goals of the State are to reduce greenhouse gas
emissions from the transportation sector in the State by at
least 80% from the 2005 level and achieve a net-zero emissions
transportation sector, both by 2050.
(1) An incremental goal of at least a 50% reduction in
greenhouse gas emissions from the transportation sector
below the year 2005 level by the year 2030 is hereby
established.
(2) By no later than September 30, 2025, the Agency
shall establish greenhouse gas emissions reduction targets
for the State transportation sector on a 5-year or more
frequent basis that will achieve these goals.
(3) The Agency shall set the first such emissions
reduction target for no later than 2030, shall use 2005
emissions as the baseline year, and shall provide that
each 5-year target is at least 15 percentage points lower
and no more than 25 percentage points lower than the
immediately preceding 5-year target.
(4) The emissions reduction targets set by the Agency
must be by transportation mode, such as aerial transport
and highway transport, as the Agency deems appropriate
after consultation with the Department of Transportation.
(5) The Agency, in coordination with the Department of
Transportation, shall adopt rules establishing policies
and programs necessary for the State to achieve the

SB3934 - 59 - LRB103 40300 LNS 72375 b
transportation sector greenhouse gas emissions reduction
goals and targets set forth in this subsection and in
subsection (c) of Section 2705-204 of the Department of
Transportation Law of the Civil Administrative Code of
Illinois. The rules may make changes to how the Department
of Transportation and MPOs plan, program, prioritize, and
fund transportation projects so that the State can achieve
the greenhouse gas emissions reduction goals and targets
set forth in this subsection and in subsection (c) of
Section 2705-204 of the Department of Transportation Law
of the Civil Administrative Code of Illinois.
(6) The Department of Transportation and MPOs in the
State shall ensure that their greenhouse gas emissions
reporting under Title 23, Part 490, of the Code of Federal
Regulations conforms to the greenhouse gas emissions
reduction goals and targets set forth in this subsection
and in subsection (c) of Section 2705-204 of the
Department of Transportation Law of the Civil
Administrative Code of Illinois.
(q) No later than June 30, 2025, the Agency, by rule, shall
establish a social cost of carbon, expressed in terms of
dollars per ton of CO2e.
(1) The social cost of carbon shall serve as a
monetary estimate of the value of not emitting a ton of
greenhouse gas emissions.
(2) In developing the social cost of carbon, the

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