Illinois-2023-SB3934-Introduced

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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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 1. References to Act. This Act may be referred to

5 as the Transportation Choices Act.

6 Section 5. The Department of Transportation Law of the

7 Civil Administrative Code of Illinois is amended by adding

8 Section 2705-204 as follows:

9 (20 ILCS 2705/2705-204 new)

10 Sec. 2705-204. Transportation planning and greenhouse gas

11 reduction.

12 (a) The General Assembly finds that:

13 (1) Article XI of the Illinois Constitution provides

14 that the public policy of the State and the duty of each

15 person is to provide and maintain a healthful environment

16 for the benefit of this and future generations.

17 (2) The transportation sector is now the largest

18 source of greenhouse gas emissions in the State.

19 (3) The State has previously set a goal to have an

20 electric power sector that is free of greenhouse gas

21 emissions by 2045.

22 (4) Greenhouse gas pollution resulting from the

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1 production, distribution, and use of motor vehicle fuels

2 produces many social costs, including, but not limited to,

3 adverse public health impacts, increased heat waves,

4 droughts, water supply shortages, flooding, biodiversity

5 loss, and forest health issues, such as forest fires.

6 (5) The Illinois State Climatologist is projecting

7 that, by the end of the 21st Century, average daily

8 temperatures in the State will increase between 4 and 9

9 degrees Fahrenheit under a lower emissions scenario and

10 between 8 and 14 degrees Fahrenheit under a higher

11 emissions scenario.

12 (6) Climate change of such speed and magnitude will

13 result in heat stress on animals, plants, and workers;

14 reduced crop yields from short-term and rapid-onset

15 drought; increased pestilence; and other challenges that

16 will adversely affect the State's agriculture sector.

17 (7) Increases in flooding, heat, and other factors

18 associated with climate change will stress the State's

19 transportation infrastructure, such as bridges and

20 roadways in low-lying areas, and will require more

21 resources to maintain roadways and other transportation

22 infrastructure.

23 (8) State investment in a clean transportation economy

24 in the State can expand equitable access to public health,

25 safety, a cleaner environment, quality jobs, and economic

26 opportunity.

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1 (9) It is the public policy of the State to ensure that

2 State residents from communities disproportionately

3 impacted by climate change, communities facing automotive

4 plant closures, economically disadvantaged communities,

5 and individuals experiencing barriers to employment have

6 access to State programs and good jobs and career

7 opportunities in growing sectors of the State economy.

8 (10) To minimize any adverse environmental and health

9 impacts of planned transportation projects and to address

10 inequitable distribution of the burdens of those projects,

11 it is necessary, appropriate, and in the best interests of

12 the State and its citizens to require the Department and

13 MPOs, which are the State's primary transportation

14 planning entities with responsibility for selecting and

15 funding transportation projects, to engage in an enhanced

16 level of planning, modeling, and other analysis, community

17 engagement, and monitoring with respect to those projects

18 as required by this Section.

19 (11) Subsection (a) of Section 15 of the Regional

20 Planning Act provides that the Chicago Metropolitan Agency

21 for Planning, whose Policy Committee is the MPO for

22 Northeastern Illinois, shall be responsible for developing

23 and adopting a funding and implementation strategy for an

24 integrated land use and transportation planning process.

25 (12) Section 48 of the Regional Planning Act provides

26 that the Chicago Metropolitan Agency for Planning shall

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1 establish an incentive program to enable local governments

2 and developers to create more affordable workforce housing

3 options near jobs and transit, create jobs near existing

4 affordable workforce housing, create transit-oriented

5 development, integrate transportation and land use

6 planning, provide a range of viable transportation choices

7 in addition to the car, encourage compact and mixed-use

8 development, and support neighborhood revitalization.

9 (13) Paragraph (1) of subsection (a) of Section 5303

10 of Title 49 of the United States Code (49 U.S.C.

11 5303(a)(1)) provides, in relevant part, that it is in the

12 national interest to better connect housing and

13 employment, while minimizing transportation-related fuel

14 consumption and air pollution through metropolitan and

15 statewide transportation planning processes.

16 (14) Subparagraph (A) of paragraph (4) of subsection

17 (k) of Section 5303 of Title 49 of the United States Code

18 (49 U.S.C. 5303(k)(4)(A)) provides that MPOs serving

19 transportation management areas may address the

20 integration of housing, transportation, and economic

21 development strategies through a process that provides for

22 effective integration, based on a cooperatively developed

23 and implemented strategy, of new and existing

24 transportation facilities eligible for funding.

25 (15) Subparagraph (C) of paragraph (4) of subsection

26 (k) of Section 5303 of Title 49 of the United States Code

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1 (49 U.S.C. 5303(k)(4)(C)) provides that MPOs serving

2 transportation management areas may develop a housing

3 coordination plan that includes projects and strategies

4 that may be considered in the metropolitan transportation

5 plan of the MPO to develop regional goals for the

6 integration of housing, transportation, and economic

7 development strategies.

8 (16) Land use policies and practices that result in

9 shorter distances between where people reside and jobs and

10 other destinations they seek to access and that facilitate

11 multimodal transportation options for the public are one

12 of the most effective tools to reduce greenhouse gas

13 emissions from the transportation sector and provide more

14 affordable transportation options.

15 (17) Transportation is the second-largest expense

16 category for most households and the cost of owning,

17 operating, and maintaining personal vehicles is a

18 significant burden for many households.

19 (18) Reducing vehicle miles traveled per person

20 through more efficient land use and transportation systems

21 will help the State achieve its greenhouse gas reduction

22 goals and reduce the transportation cost burden on State

23 households.

24 (19) To the maximum extent practicable, actions taken

25 to achieve these goals must avoid causing disproportionate

26 adverse impacts to residents of communities that are or

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1 have been disproportionately exposed to pollution

2 affecting human health and environmental quality.

3 (b) As used in this Section:

4 "Applicable planning document" means an MPO's Regional

5 Transportation Plan or the Department's Long-Range State

6 Transportation Plan. "Applicable planning document" includes

7 amendments to such plans that add capacity expansion projects

8 or other projects resulting in a net increase in GHG

9 emissions.

10 "Climate equity accessibility score" means a measurement

11 of the impact of certain transportation projects on (i) GHG

12 emissions, (ii) the accessibility of jobs and other

13 destinations to people residing in the project area, and (iii)

14 the affordability of transportation.

15 "CO₂e" means the number of metric tons of carbon dioxide

16 emissions with the same global warming potential as one metric

17 ton of another greenhouse gas, is calculated using Equation

18 A-1 in 40 CFR 98.2, and allows for the comparison of emissions

19 of various different greenhouse gases with different global

20 warming potentials and the calculation of the relative impact

21 of the emissions on the environment over a standard time

22 period.

23 "Disproportionately impacted community" means the

24 residents within a census block group in which, according to

25 the most recent federal decennial census, more than 40% of the

26 households are low-income households, more than 40% of the

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1 households identify as minority households, or more than 40%

2 of the households are housing cost-burdened, as defined by the

3 United States Census Bureau.

4 "Greenhouse gas emissions" or "GHG emissions" means

5 emissions of carbon dioxide, methane, nitrous oxide,

6 hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride,

7 and sulfur hexafluoride.

8 "Greenhouse gas emissions analysis" or "GHG emissions

9 analysis" means the analysis of the GHG emissions calculated

10 as being generated by the projects and programs contained in

11 an applicable planning document.

12 "Greenhouse gas mitigation measure" or "GHG mitigation

13 measure" means a project, program, or policy established by

14 the Environmental Protection Agency by rule under subparagraph

15 (G) of paragraph (3) of subsection (c) that can reasonably be

16 expected to result in a quantifiable reduction in GHG

17 emissions and that would not be undertaken absent the need by

18 the Department or an MPO to reduce GHG emissions to meet their

19 greenhouse gas targets. "Greenhouse gas mitigation measure" or

20 "GHG mitigation measure" does not include a roadway capacity

21 expansion project. "Greenhouse gas mitigation measure" or "GHG

22 mitigation measure" includes:

23 (1) the addition of transit and other mobility

24 resources, including, but not limited to, shared bicycle

25 and scooter service, in a manner that will reduce VMT;

26 (2) improving pedestrian and bicycle access,

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1 particularly in areas that allow individuals to reduce

2 multiple daily trips and better access transit;

3 (3) transportation demand management to reduce VMT per

4 capita, including, but not limited to, vanpool and shared

5 vehicle programs, remote work and other forms of virtual

6 access, and use of pricing and other incentives for

7 employees and other travelers to use less greenhouse gas

8 intensive travel modes;

9 (4) improving first-and-final mile access to transit

10 stops and stations to make transit safer and more usable;

11 (5) improving the safety, efficiency, and Americans

12 with Disabilities Act compliance of crosswalks and

13 multiuse paths for pedestrians, bicyclists, and other

14 nonmotorized vehicles;

15 (6) changing parking and land use policies and

16 adjusting urban design requirements to encourage more

17 walking, bicycling, and transit trips per capita and

18 reduce VMT per capita;

19 (7) adoption or expansion of school bus, school

20 carpool, or school active transportation programs;

21 (8) electrifying loading docks to allow transportation

22 refrigeration units and auxiliary power units to be

23 plugged into the electric grid at the loading dock instead

24 of running on fossil fuels;

25 (9) accelerating the adoption of ebikes, neighborhood

26 electric carshare vehicles, and other forms of vehicles

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1 that emit less greenhouse gas when manufactured and

2 operated; and

3 (10) other measures established or authorized by the

4 Environmental Protection Agency by rule that reduce GHG

5 emissions.

6 "Greenhouse gas target" or "GHG target" means the maximum

7 amount of greenhouse gas expressed as CO₂e at each of the

8 various specified times established by subsection (c) that the

9 Department and MPOs must attain through their transportation

10 planning and project prioritization and funding processes.

11 "Induced demand" means a concept from economics that as

12 supply increases and incurred costs decline, demand will

13 increase. This phenomenon has been widely observed and studied

14 in transportation systems where highways have been expanded to

15 alleviate road congestion problems, resulting in increases in

16 vehicle miles traveled.

17 "MPO" means a metropolitan planning organization

18 designated by agreement among the units of local government

19 and the Governor, charged with developing transportation plans

20 and programs in a metropolitan planning area under Section 134

21 of Title 23 of the United States Code.

22 "Mitigation action plan" means the plan for implementation

23 of GHG mitigation measures prepared by the Department or an

24 MPO.

25 "Other entities" means the entities referenced in

26 subsection (s).

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1 "Roadway capacity expansion project" means a project that

2 would be included in the Department's State Transportation

3 Improvement Program as an MPO or significant project and that

4 (i) adds physical highway traffic capacity or provides for

5 grade separation at an intersection or (ii) uses intelligent

6 transportation system technology to increase the traffic

7 capacity of an existing highway by 10% or more. "Roadway

8 capacity expansion project" does not include a project whose

9 primary purpose is enhancing public transportation bus

10 infrastructure or services. "Roadway capacity expansion

11 project" includes all project types, including those described

12 as maintenance or rehabilitation projects.

13 "Social cost of carbon" means the estimates of the social

14 cost of carbon adopted by the United States Environmental

15 Protection Agency, or such higher figure as adopted by the

16 Environmental Protection Agency, Department, or MPO under

17 subsection (o).

18 "STIP" means a State Transportation Improvement Program.

19 "TIP" means a Transportation Improvement Program.

20 "VMT" means vehicle miles traveled.

21 (c) By January 1, 2026, the Environmental Protection

22 Agency, after consultation with the Department and MPOs, must

23 establish, by rule, a schedule of GHG targets for GHG

24 emissions from the transportation sector in the State that:

25 (1) do not allow GHG emissions in the transportation

26 sector to exceed the greenhouse gas performance targets

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1 established by the Environmental Protection Agency for the

2 transportation sector under subsection (p) of Section 9.15

3 of the Environmental Protection Act;

4 (2) specify GHG targets on a 5-year or more frequent

5 compliance year basis; and

6 (3) allocate GHG targets across the transportation

7 sector of the State, which:

8 (A) must provide for an allocation to each MPO for

9 their metropolitan region;

10 (B) must provide for an allocation to the

11 Department for areas outside the boundaries of the

12 State's MPOs;

13 (C) must account for the differences in the

14 feasibility and extent of emissions reductions across

15 forms of land use and across regions of the State;

16 (D) must require that the Department and MPOs

17 factor in the impact of induced demand associated with

18 transportation projects and policies in calculating

19 the GHG emissions generated by their respective

20 transportation systems;

21 (E) must be based on the best available data and

22 modeling tools accessible to the Environmental

23 Protection Agency, such as the SHIFT calculator, after

24 consultation with other State agencies, universities,

25 the federal government, and other appropriate expert

26 sources;

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1 (F) must include VMT targets necessary for the

2 Department and MPOs to meet their GHG targets;

3 (G) must set out standards and requirements for

4 acceptable GHG mitigation measures; and

5 (H) may include additional performance targets

6 based on Department district, metropolitan area,

7 geographic region, a per capita calculation,

8 transportation mode, or a combination thereof.

9 (d) When adopting or amending an applicable planning

10 document, the Department and an MPO must conduct a GHG

11 emissions analysis that:

12 (1) includes (i) the existing transportation network,

13 (ii) the anticipated changes to that network as a result

14 of the projects contained in the applicable planning

15 document, and (iii) the projects in their STIP or TIP;

16 (2) estimates total CO₂e emissions in millions of

17 metric tons for each applicable GHG target date

18 established under subsection (c);

19 (3) compares estimated total CO₂e emissions against

20 the GHG targets applicable to the Department or MPO;

21 (4) compares the social cost of carbon for total

22 estimated CO₂e emissions against the social cost of carbon

23 associated with each applicable GHG target;

24 (5) certifies whether the Department or MPO is in

25 compliance with its applicable GHG targets; and

26 (6) is published in full on the websites of the

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1 Department or MPO.

2 (e) The Department, with assistance from the Environmental

3 Protection Agency, shall:

4 (1) provide technical assistance to MPOs in fulfilling

5 their responsibilities under this Section, including:

6 (A) assembling and sharing greenhouse gas-related

7 resources and transportation sector best practices in

8 managing GHG emissions;

9 (B) hosting peer reviews and exchanges of

10 technical data, information, assistance, and related

11 activities;

12 (C) making Department staff resources accessible

13 to answer questions and provide in-depth assistance to

14 MPOs on specific issues;

15 (D) providing information about grants and other

16 funding opportunities;

17 (E) conducting evaluations of GHG emissions

18 analyses against national best practices;

19 (F) connecting MPOs to resources in public

20 agencies, universities, and elsewhere; and

21 (H) conducting other similar and related

22 activities to assist MPOs in fulfilling their

23 responsibilities;

24 (2) encourage use of consistent GHG emissions data,

25 assumptions, and methodology by the Department and MPOs;

26 (3) ensure that its planning processes under Sections

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1 2705-200, 2705-203, and 2705-205 and its guidance to MPOs

2 under this subsection provide that at least the same level

3 of analytical scrutiny is given to greenhouse gas

4 pollutants as is given to other air pollutants of concern

5 in the State, and include consideration of the impact on

6 GHG emissions of induced demand resulting from roadway

7 capacity expansion projects;

8 (4) update its Metropolitan Planning Organization

9 Cooperative Operations Manual, as necessary;

10 (5) review the GHG emissions analysis used by each MPO

11 to determine if the GHG emissions analysis is inclusive of

12 the complete, actual, and planned transportation network

13 in the applicable planning document and uses reasonable

14 GHG emissions forecasting data, assumptions, modeling, and

15 methodology:

16 (A) if the Department rejects the GHG emissions

17 analysis used by an MPO, the Department shall detail

18 the deficiencies and give the MPO an opportunity to

19 take corrective action;

20 (B) until the MPO takes appropriate corrective

21 action, the Department shall not approve the MPO's

22 applicable planning document, include the projects in

23 the MPO's applicable planning document in the

24 Department's STIP, or make a finding or otherwise

25 represent to the federal government or other

26 governmental agencies that the MPO is in compliance

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1 with its legal obligations;

2 (C) if, after given an opportunity for corrective

3 action, an MPO does not submit an acceptable GHG

4 emissions analysis, the Department may substitute its

5 own GHG emissions analysis for planning and

6 programming purposes until the MPO produces an

7 acceptable GHG emissions analysis; and

8 (D) the Department shall establish an appropriate

9 process, including deadlines for timely completion of

10 its review of MPO GHG emissions analyses and for

11 corrective action by MPOs where such is necessary;

12 (6) upon request of an MPO, provide the MPO with a GHG

13 emissions analysis that the MPO can use for purposes of

14 this Section in lieu of the MPO conducting its own GHG

15 emissions analysis; and

16 (7) adopt rules applicable to itself, MPOs, and

17 recipients of Department funding so the State can achieve

18 the transportation sector greenhouse gas emissions

19 reduction goals and targets set forth in subsections (c)

20 and (p) of Section 9.15 of the Environmental Protection

21 Act and administer the various processes and requirements

22 set forth in this Section.

23 (f) The Department and each MPO must use a GHG emissions

24 analysis to determine if their applicable planning document

25 will result in the Department or MPO meeting its GHG targets.

26 If a GHG emissions analysis determines that the Department or

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1 MPO is more likely than not to fail to meet one or more of its

2 GHG targets, then the Department or MPO shall identify GHG

3 mitigation measures that are needed for the Department or MPO

4 to meet its GHG targets as follows:

5 (1) The Department or MPO shall submit a mitigation

6 action plan that identifies GHG mitigation measures needed

7 to meet the GHG targets and that includes:

8 (A) the anticipated start and completion date of

9 each GHG mitigation measure;

10 (B) an estimate of the annual CO₂e emissions

11 reductions achieved per year by the GHG mitigation

12 measure;

13 (C) an estimate of the impact of the GHG

14 mitigation measure on VMT;

15 (D) quantification of the specific co-benefits

16 from each GHG mitigation measure, including reduction

17 of copollutants, such as PM2.5 and NO_x, as well as

18 travel impacts, such as changes to VMT, pedestrian or

19 bike use, and transit ridership;

20 (E) a description of any benefits to

21 disproportionately impacted communities from the GHG

22 mitigation measure, including an estimate of the total

23 amount spent on GHG mitigation measures in or designed

24 to serve disproportionately impacted communities; and

25 (F) a status report submitted annually and

26 published on its website for each GHG mitigation

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1 measure that contains the following information

2 concerning each GHG mitigation measure:

3 (i) availability and timing of funding;

4 (ii) implementation timeline;

5 (iii) current status;

6 (iv) for GHG mitigation measures that are in

7 progress or completed, quantification of the

8 greenhouse gas impact of such GHG mitigation

9 measures and any co-benefits or detriments; and

10 (v) for GHG mitigation measures that are

11 delayed, canceled, or substituted, an explanation

12 of why that decision was made and how these GHG

13 mitigation measures or the equivalent will be

14 achieved.

15 (2) GHG mitigation measures are sufficient if the

16 total GHG emissions reduction from the GHG mitigation

17 measures, after accounting for the GHG emissions otherwise

18 resulting from existing and planned projects in the

19 applicable planning document, results in the Department or

20 MPO meeting its GHG targets. Each comparison of GHG

21 emissions reductions and GHG targets under this subsection

22 must be performed over equal comparison periods.

23 (3) In the annual GHG mitigation measures status

24 report under subparagraph (F) of paragraph (1), the

25 Department or MPO shall certify whether its GHG mitigation

26 measures will be sufficient for the Department or MPO to

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1 meet its GHG targets.

2 (g) If an applicable planning document does not meet the

3 GHG targets for each compliance year even after consideration

4 of any GHG mitigation measures, the Department may deem the

5 applicable planning document in compliance with this Section

6 and approved only if the noncompliant Department or MPO

7 allocates funding to advance the achievement of the applicable

8 GHG targets as follows:

9 (1) in non-MPO areas, the Department (i) shall not

10 advance a roadway capacity expansion project from its

11 applicable planning document to a STIP or TIP, (ii) shall

12 not otherwise add a roadway capacity expansion project to

13 a STIP or TIP, (iii) shall reprogram funds allocated or

14 anticipated to be expended on roadway capacity expansion

15 projects awaiting inclusion in a STIP or TIP project to

16 GHG mitigation measures that reduce GHG emissions

17 sufficiently to achieve the GHG targets for each

18 compliance year, and (iv) shall amend its applicable

19 planning documents to reflect these changes;

20 (2) in MPO areas that are not in receipt of federal

21 suballocations under the Congestion Mitigation and Air

22 Quality Improvement Program or Surface Transportation

23 Board programs, the Department and MPO (i) shall not

24 advance a roadway capacity expansion project from its

25 applicable planning document to a STIP or TIP, (ii) shall

26 not otherwise add a roadway capacity expansion project to

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1 a STIP or TIP, (iii) shall reprogram funds allocated or

2 anticipated to be expended on roadway capacity expansion

3 projects awaiting inclusion in a STIP or TIP project to

4 GHG mitigation measures that reduce GHG emissions

5 sufficiently to achieve the GHG targets for each

6 compliance year, and (iv) shall amend its applicable

7 planning documents to reflect these changes;

8 (3) in MPO areas that are in receipt of federal

9 suballocations under the Congestion Mitigation and Air

10 Quality Improve Program or Surface Transportation Board

11 programs, the Department and MPO (i) shall not advance a

12 roadway capacity expansion project from its applicable

13 planning document to a STIP or TIP, (ii) shall not

14 otherwise add a roadway capacity expansion project to a

15 STIP or TIP, (iii) shall reprogram funds allocated or

16 anticipated to be expended on roadway capacity expansion

17 projects awaiting inclusion in a STIP or TIP project to

18 GHG mitigation measures that reduce GHG emissions

19 sufficiently to achieve the GHG targets for each

20 compliance year, and (iv) shall amend its applicable

21 planning documents to reflect these changes; and

22 (4) the Department and MPOs shall administer

23 paragraphs (1) through (3) as a limitation on their

24 authority to advance roadway capacity expansion projects

25 or other projects that will materially increase GHG

26 emissions under paragraph (5) of subsection (k) of Section

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1 5303 of Title 49 of the United States Code (49 U.S.C.

2 5303(k)(5)).

3 (h) Before including a roadway capacity expansion project

4 in an applicable planning document, the Department or MPO must

5 perform a GHG emissions analysis of the roadway capacity

6 expansion project. Following the GHG emissions analysis, the

7 Department or MPO must determine if, after consideration of

8 all relevant factors, including VMT and social cost of carbon

9 increases in the transportation network resulting from induced

10 demand, the project conforms with (i) the applicable GHG

11 targets and (ii) VMT targets established under subsection (c).

12 (1) If the Department or MPO determines that the

13 roadway capacity expansion project is not in conformance

14 with items (i) and (ii), the Department or MPO must:

15 (A) alter the scope or design of the roadway

16 capacity expansion project and perform a GHG emissions

17 analysis that shows that the roadway capacity

18 expansion project meets the requirements of items (i)

19 and (ii);

20 (B) incorporate sufficient GHG mitigation measures

21 to bring the Department or MPO into compliance with

22 its GHG targets, however, in order to be effective,

23 such GHG mitigation measures must be implemented no

24 later than contemporaneously with the implementation

25 of the roadway expansion project or, if not

26 implemented contemporaneously, a GHG mitigation

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1 measure must provide a valid GHG emissions reduction

2 after the date it is implemented; or

3 (C) halt development of the roadway capacity

4 expansion project and remove the roadway capacity

5 expansion project from all applicable planning

6 documents.

7 (2) The Department and MPOs must establish a process

8 for performing roadway capacity expansion project GHG

9 emissions analysis. A GHG emissions analysis for a roadway

10 capacity expansion project must include, but shall not be

11 limited to, estimates resulting from the project for the

12 following:

13 (A) GHG emissions over a period of 20 years or the

14 last GHG target year, whichever is later;

15 (B) a net change in VMT and social cost of carbon

16 for the transportation network after factoring in the

17 effects of induced demand; and

18 (C) consideration of additional VMT in the

19 transportation network from additional capacity

20 resulting from roadway traffic capacity expansion,

21 intelligent transportation systems, or both.

22 (3) The Department or MPO must connect any GHG

23 mitigation measures associated with the roadway capacity

24 expansion project as follows:

25 (A) within or associated with at least one of the

26 communities impacted by the roadway capacity expansion

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1 project;

2 (B) if there is not a reasonably feasible location

3 under subparagraph (A), in areas of persistent poverty

4 or historically disadvantaged communities, as measured

5 and defined by federal law, guidance and notices of

6 funding opportunity;

7 (C) if there is not a reasonably feasible location

8 under subparagraphs (A) and (B), in the region of the

9 roadway capacity expansion project; and

10 (D) if there is not a reasonably feasible location

11 under subparagraphs (A) through (C), on a statewide

12 basis.

13 (4) The Department or MPO must develop and use a

14 process for community consultation consistent with the

15 requirements of subsection (m) in the development of GHG

16 mitigation measures that the Department or MPO uses to

17 achieve compliance with its GHG targets.

18 (5) The Department or MPO must publish an explanation

19 regarding the feasibility and rationale for each GHG

20 mitigation measure under subparagraphs (B) through (D) of

21 paragraph (3).

22 (6) GHG mitigation measures connected to a roadway

23 expansion project are sufficient if the total greenhouse

24 gas reduction from the GHG mitigation measures is at least

25 equal to the total GHG emissions resulting from the

26 roadway capacity expansion project and consistent with the

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1 Department or MPO meeting its GHG targets.

2 (A) Each comparison under this paragraph must be

3 performed over equal comparison periods.

4 (B) To avoid double counting, once a GHG

5 mitigation measure is connected to a roadway capacity

6 expansion project, that GHG mitigation measure shall

7 not be used to offset greenhouse gases associated with

8 other roadway capacity expansion projects or other

9 projects included in an applicable planning document.

10 (7) The Department and MPOs must publish information

11 regarding roadway capacity expansion project GHG emissions

12 analyses on their websites. The information must include:

13 (A) an identification of each roadway capacity

14 expansion project; and

15 (B) for each roadway capacity expansion project, a

16 summary that includes an overview of and link to the

17 roadway capacity expansion project GHG emissions

18 analysis, the greenhouse gas impact determination by

19 the Department or MPO, the social cost of carbon added

20 by the roadway capacity expansion project, and project

21 disposition, including a review of any GHG mitigation

22 measures.

23 (i) The Department and MPOs may use a GHG mitigation

24 measure as an offset against GHG emissions only after the date

25 the GHG mitigation measure has been implemented.

26 (j) By January 1, 2028, and every 3 years thereafter, the

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1 Department shall prepare a comprehensive, publicly released

2 report on statewide transportation greenhouse gas reduction

3 accomplishments and challenges and make recommendations for

4 any legislative action or State agency rulemaking that would

5 assist the Department and MPOs in meeting their GHG targets.

6 The report, at a minimum, shall include:

7 (1) a description of whether the Department and MPOs

8 are on track to meet their GHG targets and VMT targets;

9 (2) an assessment of State and local laws,

10 regulations, rules, and practices and recommendations for

11 modifications that would help ensure that the Department

12 and MPOs meet their GHG targets and VMT targets;

13 (3) a description of the benefits from reductions in

14 GHG emissions and copollutants in the transportation

15 sector, diversification of energy sources used for

16 transportation, and substitution of other motorized and

17 nonmotorized modes of travel for VMT currently being

18 handled by vehicles powered by internal combustion

19 engines, and other economic, environmental, and public

20 health benefits;

21 (4) a description of the compliance costs borne by the

22 Department and MPOs in meeting their GHG targets and VMT

23 targets;

24 (5) a description of the social cost of carbon

25 associated with the transportation systems for which the

26 Department and each MPO is responsible and the social cost

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1 of carbon reductions that result from GHG mitigation

2 measures and other steps being taken by the Department and

3 each MPO to reduce GHG emissions;

4 (6) a description of whether measures taken by the

5 Department and MPOs to meet GHG targets are equitable,

6 minimize costs, and maximize the total benefits to the

7 State and its citizens; and

8 (7) a description of whether activities undertaken to

9 meet GHG targets by the Department and MPOs have unduly

10 burdened disproportionately impacted communities.

11 (k) Before including any project that has an anticipated

12 cost of $30,000,000 or more (i) in an applicable planning

13 document or (ii) as a GHG mitigation measure, the Department

14 or MPO shall calculate a climate equity accessibility score

15 for the project. The climate equity accessibility score shall

16 be based on a GHG emissions analysis of the project and a

17 measurement of (i) the current levels of access to jobs,

18 hospitals, schools, and food by available modes of

19 transportation and (ii) the current level of affordability of

20 transportation in the project area. The Department and MPO

21 shall then calculate a climate equity accessibility score

22 based on the projected change in GHG emissions, accessibility,

23 and affordability from the proposed project. Projects that

24 result in relatively high reductions of GHG emissions while

25 increasing access to jobs and other destinations and providing

26 more affordable transportation options will receive a higher

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1 climate equity accessibility score than projects that fail to

2 deliver such benefits. To advance the goals of this Section

3 and optimize the use of public funds, the Department and MPOs

4 shall give priority to projects with high climate equity

5 accessibility scores, considering which project delivers the

6 most climate equity accessibility score benefit per dollar

7 invested. The Department, with the assistance of the

8 Environmental Protection Agency, shall provide technical

9 assistance to MPOs in fulfilling their responsibilities under

10 this subsection.

11 (l) To the full extent allowed by paragraph (4) of

12 subsection (k) of Section 5303 of Title 49 of the United States

13 Code and other applicable laws, and to extend the existing

14 authority under State law vested in the Chicago Metropolitan

15 Agency for Planning to MPOs throughout the State, MPOs, with

16 the full support of the Department, shall conduct housing

17 coordination planning to help the Department and MPOs meet

18 their GHG targets.

19 (1) MPOs shall develop housing coordination plans

20 consistent with subparagraph (C) of paragraph (4) of

21 subsection (k) of Section 5303 of Title 49 of the United

22 States Code (49 U.S.C. 5303(k)(4)(C)) to better integrate

23 housing, transportation, and economic development

24 strategies and to, among other things:

25 (A) better connect housing and employment while

26 mitigating commuting times;

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1 (B) align transportation improvements with housing

2 needs, such as housing supply shortages, and proposed

3 housing development;

4 (C) align planning for housing and transportation

5 to address needs in relationship to household incomes

6 within the metropolitan planning area;

7 (D) expand housing and economic development within

8 the catchment areas of existing transportation

9 facilities and public transportation services when

10 appropriate, including higher-density development, as

11 locally determined;

12 (E) manage effects of VMT growth in the

13 metropolitan planning area related to housing

14 development and economic development; and

15 (F) increase the share of households with

16 sufficient and affordable access to the transportation

17 networks of the metropolitan planning area.

18 (2) MPOs shall identify the location of existing and

19 planned housing and employment and transportation options

20 that connect housing and employment.

21 (3) MPOs shall include a comparison of State,

22 regional, and local transportation plans in the region to

23 land use management plans, including zoning plans, that

24 may affect road use, public transportation ridership, and

25 housing development.

26 (4) In their housing coordination planning, MPOs shall

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1 focus on the effect that land use policies and practices,

2 such as minimum parking requirements and exclusionary

3 zoning requirements, contribute to increases in VMT and

4 GHG emissions and consider how such policies affect

5 housing and transportation affordability.

6 (5) MPOs shall outline recommendations for land use

7 policies and best practices that have the effect of

8 increasing the affordability of housing and transportation

9 and reducing GHG emissions.

10 (6) The Department shall assist MPOs in their housing

11 coordination planning and make best efforts to align the

12 Department's planning and project programming with MPO

13 efforts to encourage land use policies and best practices

14 that have the effect of increasing the affordability of

15 housing and transportation, improving accessibility to

16 destinations, and reducing GHG emissions.

17 (7) The Department shall not advance to the STIP a

18 project in a metropolitan planning area that the MPO has

19 determined would conflict with its housing coordination

20 plan prepared under paragraph (1) or would have the effect

21 of decreasing the affordability of transportation or the

22 accessibility of destinations or of increasing GHG

23 emissions.

24 (8) In furtherance of Section 48 of the Regional

25 Planning Act, the Department and MPOs shall adopt

26 performance-based methods for allocating discretionary

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1 funds that reward jurisdictions that have adopted land use

2 policies and practices associated with increasing the

3 affordability of housing and transportation, improving

4 accessibility to destinations, and reducing GHG emissions.

5 (A) The Department and MPOs may build on the

6 climate equity accessibility scoring tool developed

7 under subsection (k) or develop a separate tool for

8 identifying jurisdictions that have adopted land use

9 policies and practices associated with increasing the

10 affordability of housing and transportation, improving

11 accessibility to destinations, and reducing GHG

12 emissions.

13 (B) The Department and MPOs shall publicly

14 describe the methodology they use in allocating

15 discretionary funding under this paragraph.

16 (C) When allocating discretionary funding, the

17 Department and MPOs shall give at least equal weight

18 to land use policies and practices that facilitate

19 reductions in GHG emissions that they give to existing

20 factors, such as congestion relief, safety, and

21 traffic operations.

22 (D) The Department and MPOs shall consider land

23 use policies and practices as provided in this

24 subsection when allocating discretionary funding from

25 every source.

26 (9) When evaluating all projects for possible

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1 inclusion in applicable planning documents or in a STIP or

2 TIP, the Department and MPOs shall adopt performance-based

3 project selection methods that give priority to projects

4 located in jurisdictions that have adopted land use

5 policies and practices associated with increasing the

6 affordability of housing and transportation, improving

7 accessibility to destinations, and reducing GHG emissions.

8 (10) This subsection shall not diminish or restrict

9 the existing authority of jurisdictions over their land

10 use policies and practices.

11 (m) The Department and MPOs shall provide early and

12 continuous opportunities for public participation in the

13 transportation planning process. The process shall be

14 proactive and provide timely information, adequate public

15 notice, reasonable public access, and opportunities for public

16 review and comment at key decision points in the process. The

17 objectives of public participation in the transportation

18 planning process include providing a mechanism for public

19 perspectives, needs, and ideas to be considered in the

20 planning process; developing the public's understanding of the

21 problems and opportunities facing the transportation system;

22 demonstrating explicit consideration and response to public

23 input through a variety of tools and techniques; and

24 developing a consensus on plans. The Department shall develop

25 a documented public participation process under 23 CFR 450.

26 (1) Under 23 CFR 450, Subpart B, the Department is

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1 responsible, in cooperation with the MPOs, for carrying

2 out public participation for developing, amending, and

3 updating the Long-Range State Transportation Plan, the

4 STIP, and other statewide transportation planning

5 activities.

6 (2) Under 23 CFR 450, Subpart C, the MPOs, in

7 cooperation with the Department, are responsible for

8 carrying out public participation for the development of

9 Regional Transportation Plans, TIPs, and other regional

10 transportation planning activities for their respective

11 metropolitan planning areas.

12 (3) Public participation activities at both the MPO

13 and Department levels shall include, at a minimum:

14 (A) establishing and maintaining for the

15 geographic area of responsibility a list of all known

16 parties interested in transportation planning,

17 including, but not limited to: elected officials;

18 municipal and county planning staffs; affected public

19 agencies; local, State, and federal agencies eligible

20 for federal and State transportation funds; local

21 representatives of public transportation agency

22 employees and users; freight shippers and providers of

23 freight transportation services; public and private

24 transportation providers; representatives of users of

25 transit, bicycling, pedestrian, aviation, and train

26 facilities; private industry; environmental and other

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1 interest groups; representatives of persons or groups

2 that may be underserved by existing transportation

3 systems, such as minority persons, low-income seniors,

4 persons with disabilities, and persons with limited

5 English proficiency; and members of the general public

6 expressing interest in the transportation planning

7 process;

8 (B) providing reasonable notice, which for notice

9 to a disproportionately impacted community requires

10 the notice to be translated into the primary language

11 spoken in the disproportionately impacted community,

12 and opportunity to comment through mailing lists and

13 other communication methods on upcoming transportation

14 planning-related activities and meetings;

15 (C) using reasonably available Internet or

16 traditional media opportunities, including minority

17 media and diverse media, to provide timely notices of

18 planning-related activities and meetings to members of

19 the public, including limited English proficiency

20 individuals and others who may require reasonable

21 accommodations. Methods that shall be used to the

22 maximum extent practicable for public participation

23 may include, but shall not be limited to, use of the

24 Internet, social media, news media, such as

25 newspapers, radio, or television, mailings to

26 disproportionately impacted communities by existing

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1 transportation systems, including, but not limited to,

2 seniors and persons with disabilities, and notices,

3 including electronic mail and online newsletters;

4 (D) seeking out persons and groups, including

5 minority groups and those with disabilities,

6 low-income, and limited English proficiency, for the

7 purposes of exchanging information, increasing their

8 involvement, and considering their transportation

9 needs in the transportation planning process;

10 (E) consulting, as appropriate, with federal,

11 State, local, and tribal agencies responsible for land

12 use management, natural resources, environmental

13 protection, conservation, cultural resources, and

14 historic preservation concerning the development of

15 long-range transportation plans;

16 (F) providing reasonable public access to, and

17 appropriate opportunities for public review and

18 comment on, criteria, standards, and other

19 planning-related information. Reasonable public access

20 includes, but is not limited to, limited English

21 proficiency services and access to ADA-compliant

22 facilities, as well as to the Internet;

23 (G) where feasible, scheduling the development of

24 regional and statewide plans so that the release of

25 the draft plans may be coordinated to provide for the

26 opportunity for joint public outreach;

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1 (H) responses, in writing, from the Department and

2 MPOs to all significant issues raised during the

3 review and comment period on transportation plans,

4 making the responses available to the public; and

5 (I) collaborating periodically with all interested

6 parties and the Department and MPOs to review the

7 effectiveness of the Department's and MPOs' public

8 involvement practices to ensure that they provide full

9 and open access to all members of the public. When

10 necessary, the Department or MPO shall revise their

11 public participation practices in the transportation

12 planning process and allow time for public review and

13 comment per 23 CFR 450.

14 (n) Beginning on January 1, 2025, each applicable planning

15 document from the Department or MPO must include a

16 consolidated and comprehensive list of all project types to be

17 funded using any federal, State, or local funding source,

18 including bicycle, pedestrian, bus, rail, and roadway

19 projects, and shall include a summary of planned expenditures

20 by project type.

21 (o) Beginning September 30, 2025, the Department and MPOs

22 shall establish a social cost of carbon and use the social cost

23 of carbon in their applicable planning documents and other

24 planning activities.

25 (1) The social cost of carbon shall serve as a

26 monetary estimate of the value of not emitting a ton of GHG

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1 emissions.

2 (2) In developing the social cost of carbon applicable

3 to the projects and programs in their applicable planning

4 documents and for other planning and project programming

5 activities, the Department and MPOs shall consider the

6 social cost of carbon established by the Environmental

7 Protection Agency under subsection (q) of Section 9.15 of

8 the Environmental Protection Act and may consider prior or

9 existing estimates of the social cost of carbon issued or

10 adopted by the federal government, appropriate

11 international bodies, or other appropriate and reputable

12 scientific organizations.

13 (3) The Department may adopt the social cost of carbon

14 established by the Environmental Protection Agency under

15 subsection (q) of Section 9.15 of the Environmental

16 Protection Act or establish its own social cost of carbon

17 through the process set forth in paragraphs (1) and (2),

18 but the Department shall not adopt a social cost of carbon

19 that is lower than that established by the Environmental

20 Protection Agency.

21 (4) MPOs may adopt the social cost of carbon

22 established by the Environmental Protection Agency under

23 subsection (q) of Section 9.15 of the Environmental

24 Protection Act or by the Department under paragraph (3) or

25 establish their own social cost of carbon through the

26 process set forth in paragraphs (1) and (2), but an MPO

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1 shall not adopt a social cost of carbon that is lower than

2 that established by the Environmental Protection Agency or

3 the Department.

4 (5) The Department shall incorporate the social cost

5 of carbon into its assessment of projects for possible

6 inclusion in its applicable planning document or for

7 inclusion in a STIP or TIP, giving priority to projects

8 that have a relatively low social cost of carbon:

9 (A) The Department shall not include any project

10 over $30,000,000 in an applicable planning document or

11 a STIP or TIP unless it has calculated the social cost

12 of carbon resulting from the project over the useful

13 life of the project.

14 (B) Such calculations shall result in an estimate

15 of the social cost of carbon under a no-build scenario

16 and an estimate of the social cost of carbon if the

17 project is built, factoring in the effects of induced

18 demand and other appropriate factors.

19 (C) The estimate of the social cost of carbon must

20 include total additional GHG emissions attributable to

21 the proposed project and shall not be limited to GHG

22 emissions from within the physical boundaries of the

23 project.

24 (D) The Department shall publish in applicable

25 planning documents and STIPs the no-build and build

26 estimates of the social cost of carbon for each

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1 project for which an estimate of the social cost of

2 carbon has been prepared.

3 (E) For purposes of its planning processes under

4 Sections 2705-200, 2705-203, and 2705-205, and after

5 factoring in the effects of induced demand on VMT

6 attributable to a proposed project, the Department

7 shall offset the social cost of carbon and the social

8 cost of crashes attributable to a project against its

9 projections of the value of the time savings from any

10 reduction in congestion attributable to the project

11 and shall publish its calculations and results.

12 (F) The Department may rely upon estimates of the

13 social cost of carbon prepared by MPOs for projects

14 included in a STIP that are located inside the MPO's

15 boundaries only if the Department finds that those

16 estimates of the social cost of carbon are based on

17 reasonable assumptions and methodology.

18 (6) Each MPO shall incorporate the social cost of

19 carbon into its assessment of projects for possible

20 inclusion in its applicable planning document or for

21 inclusion in a TIP, giving priority to projects that have

22 a relatively low social cost of carbon:

23 (A) An MPO shall not include any project over

24 $30,000,000 in a TIP unless it has calculated the

25 social cost of carbon resulting from the project over

26 the useful life of the project.

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1 (B) Such calculations shall result in an estimate

2 of the social cost of carbon under a no-build scenario

3 and an estimate of the social cost of carbon if the

4 project is built, factoring in the effects of induced

5 demand and other appropriate factors.

6 (C) The estimate of the social cost of carbon must

7 include total additional GHG emissions attributable to

8 the proposed project and shall not be limited to GHG

9 emissions from within the physical boundaries of the

10 project.

11 (D) Each MPO shall publish in its applicable

12 planning documents and TIPs the no-build and build

13 estimates of the social cost of carbon for each

14 project for which an estimate of the social cost of

15 carbon has been prepared.

16 (E) For purposes of its planning processes, and

17 after factoring in the effects of induced demand on

18 VMT attributable to a proposed project, an MPO shall

19 offset the social cost of carbon and the social cost of

20 crashes attributable to a project from its projection

21 of the value of the time savings from any reduction in

22 congestion attributable to the project and shall

23 publish its calculations and results.

24 (F) An MPO may rely upon the estimate of the social

25 cost of carbon prepared by the Department for projects

26 included in a TIP only if the MPO finds that the

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1 Department's estimates of the social cost of carbon

2 are based on reasonable assumptions and methodologies.

3 (p) By no later than January 1, 2025, the Department shall

4 convene a Greenhouse Gas in Transportation Working Group.

5 (1) The Working Group shall assist the Department and

6 MPOs with:

7 (A) planning and implementing the requirements of

8 this Section;

9 (B) identifying opportunities to reduce GHG

10 emissions in the transportation sector;

11 (C) identifying promising GHG mitigation measures;

12 (D) preparing the Department's triennial report on

13 statewide transportation sector greenhouse gas

14 reduction accomplishments and challenges and make

15 recommendations for any legislative or regulatory

16 action that would assist the Department and MPOs in

17 meeting their GHG targets; and

18 (E) connecting the Department and MPOs with local,

19 regional, and national experts and best practices

20 relating to planning and programming transportation

21 projects to, among other things, reduce GHG emissions

22 from the transportation sector.

23 (2) The membership of the Working Group shall include

24 the following:

25 (A) the Secretary of Transportation or the

26 Secretary's designee;

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1 (B) the Director of the Environmental Protection

2 Agency or the Director's designee;

3 (C) the Chair of the Chicago Metropolitan Agency

4 for Planning or the Chair's designee;

5 (D) the chair of another MPO or the chair's

6 designee, appointed by the Governor;

7 (E) a university representative with expertise in

8 GHG emissions in the transportation sector, appointed

9 by the Governor;

10 (F) a representative from an environmental justice

11 organization, appointed by the Governor;

12 (G) a representative from an active transportation

13 organization, appointed by the Governor;

14 (H) a representative from a transportation

15 planning organization, appointed by the Governor;

16 (I) a representative from a land use planning

17 organization, appointed by the Governor;

18 (J) a representative from the freight industry,

19 appointed by the Governor;

20 (K) a representative from a public transportation

21 agency, appointed by the Governor;

22 (L) a representative from a labor organization,

23 appointed by the Governor;

24 (M) a representative from a road building

25 contractor, appointed by the Governor;

26 (N) a representative from a chamber of commerce,

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1 appointed by the Governor;

2 (P) a representative from the engineering sector,

3 appointed by the Governor; and

4 (Q) such other representatives, appointed by the

5 Governor, that will ensure that the Working Group will

6 provide the Department and MPOs with a sufficient

7 range and depth of expertise in GHG emissions

8 reduction in the transportation sector to assist the

9 Department and MPOs in carrying out their

10 responsibilities under this Section.

11 (3) The members of the Working Group must select a

12 Chair from its membership.

13 (4) Members of the Working Group shall serve without

14 compensation other than reimbursement for travel and other

15 expenses incurred in the performance of their duties.

16 (5) The Department shall provide sufficient staff

17 support and other resources for the Working Group to

18 perform its duties effectively, including a website

19 accessible to the public that contains an up-to-date

20 record of the activities, research, reports,

21 recommendations, and other materials assembled by the

22 Working Group.

23 (6) The Working Group shall first meet within 90 days

24 of the effective date of this amendatory Act of the 103rd

25 General Assembly. The Working Group shall hold public

26 meetings no less than quarterly, shall actively seek

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1 public input, shall publish annual reports, and by June

2 30, 2027, shall publish a report with recommendations for

3 how the Department and MPOs can most effectively reduce

4 GHG emissions from the transportation sector.

5 (7) The Department shall consider and incorporate

6 recommendations from the Working Group in its triennial

7 reports under subsection (j), and both the Department and

8 MPOs shall consider and incorporate such recommendations

9 in their preparation of their applicable planning

10 documents.

11 (8) The Working Group shall operate through January

12 30, 2028, or 30 days after the Department's filing of its

13 first triennial report, whichever is later. The Working

14 Group shall continue in operation after that date to

15 further assist the Department and MPOs in fulfilling their

16 responsibilities under this Section unless abolished by

17 the Governor after receipt of abolition recommendations

18 from both the Environmental Protection Agency and the

19 Department.

20 (q) Except as otherwise provided, the requirements of this

21 Section shall commence with projects included in applicable

22 planning documents filed on or after January 1, 2027.

23 (r) The requirements of this Section are in addition to

24 and shall, to the extent practicable, be executed concurrently

25 with other requirements for transportation planning, project

26 prioritization, public outreach, project implementation, or

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1 transparency and accountability established by law, rule, or

2 policy.

3 (s) The requirements of this Section shall extend to the

4 Illinois State Toll Highway Authority and any other builder or

5 operator of a public highway under a public-private

6 partnership agreement or other means authorized by State law.

7 (1) The requirements of this Section that apply to the

8 other entities include, but are not limited to, the

9 following:

10 (A) the Environmental Protection Agency shall

11 assign GHG targets to other entities under subsection

12 (c);

13 (B) other entities shall conduct GHG emissions

14 analysis and be subject to the other requirements set

15 forth in subsections (d), (e), (f), (g), and (h) with

16 respect to their applicable planning documents;

17 (C) other entities shall conduct climate equity

18 accessibility scoring as set forth in subsection (k);

19 (D) other entities shall follow the public

20 participation requirements set forth in subsection

21 (j); and

22 (E) other entities shall use the social cost of

23 carbon in their planning and project programming

24 processes as set forth in subsection (o).

25 (2) Other entities may request assistance in complying

26 with the requirements of this Section from the Department

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1 under subsection (e) and from the Greenhouse Gas in

2 Transportation Working Group under subsection (p).

3 (3) With respect to other entities, "applicable

4 planning document" means the other entity's capital plan

5 or other document in which the other entity identifies

6 projects that it anticipates advancing for construction.

7 (4) The Department may adopt rules necessary to extend

8 the requirements of this Section to the other entities.

9 Section 10. The Environmental Protection Act is amended by

10 changing Section 9.15 as follows:

11 (415 ILCS 5/9.15)

12 Sec. 9.15. Greenhouse gases.

13 (a) An air pollution construction permit shall not be

14 required due to emissions of greenhouse gases if the

15 equipment, site, or source is not subject to regulation, as

16 defined by 40 CFR 52.21, as now or hereafter amended, for

17 greenhouse gases or is otherwise not addressed in this Section

18 or by the Board in regulations for greenhouse gases. These

19 exemptions do not relieve an owner or operator from the

20 obligation to comply with other applicable rules or

21 regulations.

22 (b) An air pollution operating permit shall not be

23 required due to emissions of greenhouse gases if the

24 equipment, site, or source is not subject to regulation, as

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1 defined by Section 39.5 of this Act, for greenhouse gases or is

2 otherwise not addressed in this Section or by the Board in

3 regulations for greenhouse gases. These exemptions do not

4 relieve an owner or operator from the obligation to comply

5 with other applicable rules or regulations.

6 (c) (Blank).

7 (d) (Blank).

8 (e) (Blank).

9 (f) As used in this Section:

10 "Carbon dioxide emission" means the plant annual CO₂ total

11 output emission as measured by the United States Environmental

12 Protection Agency in its Emissions & Generation Resource

13 Integrated Database (eGrid), or its successor.

14 "Carbon dioxide equivalent emissions" or "CO₂e" means the

15 sum total of the mass amount of emissions in tons per year,

16 calculated by multiplying the mass amount of each of the 6

17 greenhouse gases specified in Section 3.207, in tons per year,

18 by its associated global warming potential as set forth in 40

19 CFR 98, subpart A, table A-1 or its successor, and then adding

20 them all together.

21 "Cogeneration" or "combined heat and power" refers to any

22 system that, either simultaneously or sequentially, produces

23 electricity and useful thermal energy from a single fuel

24 source.

25 "Copollutants" refers to the 6 criteria pollutants that

26 have been identified by the United States Environmental

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1 Protection Agency pursuant to the Clean Air Act.

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

3 fuel-fired stationary boiler, combustion turbine, or combined

4 cycle system that serves a generator that has a nameplate

5 capacity greater than 25 MWe and produces electricity for

6 sale.

7 "Environmental justice community" means the definition of

8 that term based on existing methodologies and findings, used

9 and as may be updated by the Illinois Power Agency and its

10 program administrator in the Illinois Solar for All Program.

11 "Equity investment eligible community" or "eligible

12 community" means the geographic areas throughout Illinois that

13 would most benefit from equitable investments by the State

14 designed to combat discrimination and foster sustainable

15 economic growth. Specifically, eligible community means the

16 following areas:

17 (1) areas where residents have been historically

18 excluded from economic opportunities, including

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

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

21 Tax Act; and

22 (2) areas where residents have been historically

23 subject to disproportionate burdens of pollution,

24 including pollution from the energy sector, as established

25 by environmental justice communities as defined by the

26 Illinois Power Agency pursuant to the Illinois Power

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1 Agency Act, excluding any racial or ethnic indicators.

2 "Equity investment eligible person" or "eligible person"

3 means the persons who would most benefit from equitable

4 investments by the State designed to combat discrimination and

5 foster sustainable economic growth. Specifically, eligible

6 person means the following people:

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

8 investment eligible community;

9 (2) persons whose primary residence is in a

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

11 where the closure of an electric generating unit or mine

12 has been publicly announced or the electric generating

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

14 the last 5 years;

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

16 in the foster care system; or

17 (4) persons who were formerly incarcerated.

18 "Existing emissions" means:

19 (1) for CO₂e, the total average tons-per-year of CO₂e

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

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

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

23 that unit's operation; and

24 (2) for any copollutant, the total average

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

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

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

2 2018, in the first 3 full years of that unit's operation.

3 "Green hydrogen" means a power plant technology in which

4 an EGU creates electric power exclusively from electrolytic

5 hydrogen, in a manner that produces zero carbon and

6 copollutant emissions, using hydrogen fuel that is

7 electrolyzed using a 100% renewable zero carbon emission

8 energy source.

9 "Large greenhouse gas-emitting unit" or "large

10 GHG-emitting unit" means a unit that is an electric generating

11 unit or other fossil fuel-fired unit that itself has a

12 nameplate capacity or serves a generator that has a nameplate

13 capacity greater than 25 MWe and that produces electricity,

14 including, but not limited to, coal-fired, coal-derived,

15 oil-fired, natural gas-fired, and cogeneration units.

16 "NO_x emission rate" means the plant annual NO_x total output

17 emission rate as measured by the United States Environmental

18 Protection Agency in its Emissions & Generation Resource

19 Integrated Database (eGrid), or its successor, in the most

20 recent year for which data is available.

21 "Public greenhouse gas-emitting units" or "public

22 GHG-emitting unit" means large greenhouse gas-emitting units,

23 including EGUs, that are wholly owned, directly or indirectly,

24 by one or more municipalities, municipal corporations, joint

25 municipal electric power agencies, electric cooperatives, or

26 other governmental or nonprofit entities, whether organized

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1 and created under the laws of Illinois or another state.

2 "SO₂ emission rate" means the "plant annual SO₂ total

3 output emission rate" as measured by the United States

4 Environmental Protection Agency in its Emissions & Generation

5 Resource Integrated Database (eGrid), or its successor, in the

6 most recent year for which data is available.

7 (g) All EGUs and large greenhouse gas-emitting units that

8 use coal or oil as a fuel and are not public GHG-emitting units

9 shall permanently reduce all CO₂e and copollutant emissions to

10 zero no later than January 1, 2030.

11 (h) All EGUs and large greenhouse gas-emitting units that

12 use coal as a fuel and are public GHG-emitting units shall

13 permanently reduce CO₂e emissions to zero no later than

14 December 31, 2045. Any source or plant with such units must

15 also reduce their CO₂e emissions by 45% from existing

16 emissions by no later than January 1, 2035. If the emissions

17 reduction requirement is not achieved by December 31, 2035,

18 the plant shall retire one or more units or otherwise reduce

19 its CO₂e emissions by 45% from existing emissions by June 30,

20 2038.

21 (i) All EGUs and large greenhouse gas-emitting units that

22 use gas as a fuel and are not public GHG-emitting units shall

23 permanently reduce all CO₂e and copollutant emissions to zero,

24 including through unit retirement or the use of 100% green

25 hydrogen or other similar technology that is commercially

26 proven to achieve zero carbon emissions, according to the

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1 following:

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

3 greenhouse gas-emitting units that have a NO_x emissions

4 rate of greater than 0.12 lbs/MWh or a SO₂ emission rate of

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

6 miles of an environmental justice community designated as

7 of January 1, 2021 or an equity investment eligible

8 community.

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

10 greenhouse gas-emitting units that have a NO_x emission

11 rate of greater than 0.12 lbs/MWh or a SO₂ emission rate

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

13 within 3 miles of an environmental justice community

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

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

16 and large greenhouse gas-emitting unit shall reduce its

17 CO₂e emissions by at least 50% from its existing emissions

18 for CO₂e, and shall be limited in operation to, on average,

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

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

21 emergency conditions, as designated by a Regional

22 Transmission Organization or Independent System Operator.

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

24 greenhouse gas-emitting units that began operation prior

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

26 General Assembly and have a NO_x emission rate of less than

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1 or equal to 0.12 lb/MWh and a SO₂ emission rate less than

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

3 miles of an environmental justice community designated as

4 of January 1, 2021 or an equity investment eligible

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

6 unit shall reduce its CO₂e emissions by at least 50% from

7 its existing emissions for CO₂e no later than January 1,

8 2030.

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

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

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

12 and Large greenhouse gas-emitting unit shall reduce its

13 CO₂e emissions by at least 50% from its existing emissions

14 for CO₂e no later than January 1, 2035.

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

16 and large greenhouse gas-emitting units.

17 (j) All EGUs and large greenhouse gas-emitting units that

18 use gas as a fuel and are public GHG-emitting units shall

19 permanently reduce all CO₂e and copollutant emissions to zero,

20 including through unit retirement or the use of 100% green

21 hydrogen or other similar technology that is commercially

22 proven to achieve zero carbon emissions by January 1, 2045.

23 (k) All EGUs and large greenhouse gas-emitting units that

24 utilize combined heat and power or cogeneration technology

25 shall permanently reduce all CO₂e and copollutant emissions to

26 zero, including through unit retirement or the use of 100%

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1 green hydrogen or other similar technology that is

2 commercially proven to achieve zero carbon emissions by

3 January 1, 2045.

4 (k-5) No EGU or large greenhouse gas-emitting unit that

5 uses gas as a fuel and is not a public GHG-emitting unit may

6 emit, in any 12-month period, CO₂e or copollutants in excess of

7 that unit's existing emissions for those pollutants.

8 (l) Notwithstanding subsections (g) through (k-5), large

9 GHG-emitting units including EGUs may temporarily continue

10 emitting CO₂e and copollutants after any applicable deadline

11 specified in any of subsections (g) through (k-5) if it has

12 been determined, as described in paragraphs (1) and (2) of

13 this subsection, that ongoing operation of the EGU is

14 necessary to maintain power grid supply and reliability or

15 ongoing operation of large GHG-emitting unit that is not an

16 EGU is necessary to serve as an emergency backup to

17 operations. Up to and including the occurrence of an emission

18 reduction deadline under subsection (i), all EGUs and large

19 GHG-emitting units must comply with the following terms:

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

21 participant in a regional transmission organization

22 intends to retire, it must submit documentation to the

23 appropriate regional transmission organization by the

24 appropriate deadline that meets all applicable regulatory

25 requirements necessary to obtain approval to permanently

26 cease operating the large GHG-emitting unit;

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

2 participant in a regional transmission organization

3 receives notice that the regional transmission

4 organization has determined that 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 CO₂e 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) No variance, adjusted standard, or other regulatory

23 relief otherwise available in this Act may be granted to the

24 emissions reduction and elimination obligations in this

25 Section.

26 (n) By June 30 of each year, beginning in 2025, the Agency

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1 shall prepare and publish on its website a report setting

2 forth the actual greenhouse gas emissions from individual

3 units and the aggregate statewide emissions from all units for

4 the prior year.

5 (o) Every 5 years beginning in 2025, the Environmental

6 Protection Agency, Illinois Power Agency, and Illinois

7 Commerce Commission shall jointly prepare, and release

8 publicly, a report to the General Assembly that examines the

9 State's current progress toward its renewable energy resource

10 development goals, the status of CO₂e and copollutant

11 emissions reductions, the current status and progress toward

12 developing and implementing green hydrogen technologies, the

13 current and projected status of electric resource adequacy and

14 reliability throughout the State for the period beginning 5

15 years ahead, and proposed solutions for any findings. The

16 Environmental Protection Agency, Illinois Power Agency, and

17 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

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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 CO₂e 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 CO₂e 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

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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

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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 CO₂e 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 CO₂e and copollutant emission

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1 reduction requirements identified in the plan.

2 (p) The goals of the State are to reduce greenhouse gas

3 emissions from the transportation sector in the State by at

4 least 80% from the 2005 level and achieve a net-zero emissions

5 transportation sector, both by 2050.

6 (1) An incremental goal of at least a 50% reduction in

7 greenhouse gas emissions from the transportation sector

8 below the year 2005 level by the year 2030 is hereby

9 established.

10 (2) By no later than September 30, 2025, the Agency

11 shall establish greenhouse gas emissions reduction targets

12 for the State transportation sector on a 5-year or more

13 frequent basis that will achieve these goals.

14 (3) The Agency shall set the first such emissions

15 reduction target for no later than 2030, shall use 2005

16 emissions as the baseline year, and shall provide that

17 each 5-year target is at least 15 percentage points lower

18 and no more than 25 percentage points lower than the

19 immediately preceding 5-year target.

20 (4) The emissions reduction targets set by the Agency

21 must be by transportation mode, such as aerial transport

22 and highway transport, as the Agency deems appropriate

23 after consultation with the Department of Transportation.

24 (5) The Agency, in coordination with the Department of

25 Transportation, shall adopt rules establishing policies

26 and programs necessary for the State to achieve the

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1 transportation sector greenhouse gas emissions reduction

2 goals and targets set forth in this subsection and in

3 subsection (c) of Section 2705-204 of the Department of

4 Transportation Law of the Civil Administrative Code of

5 Illinois. The rules may make changes to how the Department

6 of Transportation and MPOs plan, program, prioritize, and

7 fund transportation projects so that the State can achieve

8 the greenhouse gas emissions reduction goals and targets

9 set forth in this subsection and in subsection (c) of

10 Section 2705-204 of the Department of Transportation Law

11 of the Civil Administrative Code of Illinois.

12 (6) The Department of Transportation and MPOs in the

13 State shall ensure that their greenhouse gas emissions

14 reporting under Title 23, Part 490, of the Code of Federal

15 Regulations conforms to the greenhouse gas emissions

16 reduction goals and targets set forth in this subsection

17 and in subsection (c) of Section 2705-204 of the

18 Department of Transportation Law of the Civil

19 Administrative Code of Illinois.

20 (q) No later than June 30, 2025, the Agency, by rule, shall

21 establish a social cost of carbon, expressed in terms of

22 dollars per ton of CO₂e.

23 (1) The social cost of carbon shall serve as a

24 monetary estimate of the value of not emitting a ton of

25 greenhouse gas emissions.

26 (2) In developing the social cost of carbon, the

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