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SB 1235

EPA-GREENHOUSE GASES

104th Regular Session Introduced by Neil Anderson and 16 co-sponsors

Illinois SB 1235 reverts GHG rules to pre-PA 102-662 language, narrowing when air permits are required for greenhouse gases and repealing the clean energy definition.

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Bill Summary · SB 1235

SB 1235 — EPA — Greenhouse Gases (Illinois)

Summary prepared from introduced and enacted texts, sponsors, and legislative history.

Purpose / Intent

SB 1235 amends the Illinois Environmental Protection Act to change how greenhouse gases (GHGs) are treated in state permitting law. The bill’s stated objective is to revert the State’s statutory GHG provisions to the language that existed before the amendments enacted by Public Act 102‑662 and to remove a statutory definition of “clean energy.” The effect is to alter or limit circumstances under which air‑pollution construction and operating permits may be required because of GHG emissions.

Key provisions

  • Amends 415 ILCS 5/9.15 (Section 9.15 — Greenhouse gases), returning certain GHG-related permit language to its pre‑P.A. 102‑662 form.
  • Repeals a statutory provision that defined “clean energy” (415 ILCS 5/3.131 is listed as repealed in bill caption).
  • Rewrites exemption/permit rules for GHGs so that:
    • An air pollution construction or operating permit will not be required based solely on GHG emissions where the equipment, site, or source is not subject to federal regulation (text clarifies exemptions and cross‑references federal/regulatory definitions).
    • Provides for non‑application of permit terms addressing GHGs if specified federal actions (e.g., changes to USEPA authority or the Tailoring Rule) occur.
  • Retains various defined terms (CO2e, electric generating unit/EGU, “existing emissions,” etc.) in the Section 9.15 drafting, while removing or altering other definitions in the enacted language.
  • Specifies immediate effective date (bill indicates “effective immediately”).

Who/what is affected

  • Regulated sources: fossil fuel‑fired electric generating units (EGUs), large GHG‑emitting units, and other industrial sources that might otherwise trigger permitting because of GHG emissions.
  • Illinois Environmental Protection Agency (IEPA) — changes scope of permit terms IEPA may impose for GHGs.
  • Project developers, utilities, and owners/operators of affected facilities — potential reduction in permitting obligations or changes to permit conditions addressing GHGs.
  • Communities addressed by environmental justice and “equity investment” provisions in the draft definitions may be affected by how policy and investments are prioritized, depending on subsequent rulemaking and enforcement practice.

Procedural / timeline highlights

  • Introduced by Sen. Jil Tracy (filed 1/24/2025). Primary sponsors and many co‑sponsors listed (e.g., Craig Wilcox, Terri Bryant, Dale Fowler, Chapin Rose, Jason Plummer, others).
  • Passed both chambers and enrolled; listed legislative steps show passage and amendments.
  • Governor signed the measure; recorded as Public Act 25‑112. Effective immediately upon enactment.

Potential impacts / considerations

  • Regulatory scope: By reverting to earlier statutory language and removing the “clean energy” definition, the bill narrows circumstances when permits are required for GHGs, potentially reducing state regulatory oversight of GHG emissions.
  • Legal/regulatory uncertainty: Changes tied to federal actions (USEPA authority, Tailoring Rule) may create contingent obligations and require administrative interpretation.
  • Stakeholder effects: Utilities and industrial emitters may face lower permitting burdens; environmental groups and communities concerned about air quality and climate impacts may see diminished state avenues for GHG controls.
  • Implementation: IEPA rulemaking, enforcement approach, and any federal responses will determine practical outcomes.

Related bills

  • HB 4855 (companion)
  • HB 1298 (companion)

Statutory references: 415 ILCS 5/9.15; caption also notes amendment/repeal of 415 ILCS 5/3.131.

Compiled from official sources — confirm details with the bill’s official record.

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