Energy

Amends the Counties Code. In provisions about commercial wind energy facilities and commercial solar energy facilities, removes changes made by Public Act 102-1123. Provides that any provision of a county zoning ordinance pertaining to wind farms, commercial wind energy facilities, or commercial solar energy facilities that was in effect before January 27, 2023 may continue in effect notwithstanding any changes made in Public Act 102-1123 and, if applicable, any provision of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 may continue in effect notwithstanding the changes made in Public Act 95-203.

Amends the Illinois Income Tax Act. Creates an income tax credit for taxpayers that make an investment in the manufacture of a small modular nuclear reactor in the State during the taxable year. Provides that the amount of the credit is 20% of the amount of that investment. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that tangible personal property purchased for use in the construction or operation of a small modular nuclear reactor in the State is exempt from taxation under those Act. Effective immediately.

Provides that the amendatory Act may be referred to as the Fast-Track Nuclear Now Act. Amends the Public Utilities Act. Removes prohibitions on the construction of a new nuclear power reactor with a nameplate capacity of more than 300 megawatts of electricity that is located within the State. Amends the Illinois Nuclear Facility Safety Act. Provides that it is declared to be the policy of the State to facilitate new nuclear facility construction. Makes a conforming change. Provides that the Illinois Emergency Management Agency and Office of Homeland Security shall work with any proposed project, the federal Nuclear Regulatory Commission, and any relevant State agency to reduce regulatory barriers to new nuclear facility construction. Effective immediately.

Amends the Property Tax Code. In provisions concerning the valuation of wind energy devices, provides that, for taxable year 2026 and thereafter, the real property cost basis is $588,000 per megawatt of nameplate capacity (currently, $360,000 per megawatt of nameplate capacity). In provisions concerning the valuation of solar energy systems, provides that, for taxable year 2026 and thereafter, the real property cost basis is $446,000 per megawatt of nameplate capacity (currently, $218,000 per megawatt of nameplate capacity). Effective immediately.

Specifies that the amendatory Act may be referred to as the Save Our Power Plants Act. Amends the Environmental Protection Act. In a provision concerning the regulation of greenhouse gases, extends by 15 years the deadlines for attaining specified emission reductions. Effective immediately.

Specifies that the amendatory Act may be referred to as the Uncap Affordable Power Act. Amends the Illinois Power Agency Act, the Public Utilities Act, and the Environmental Protection Act. Provides, in each of those Acts, that it is the policy of the State not to regulate carbon dioxide emissions that arise from the combustion of fossil fuels for the purpose of generating electrical power. Provides that, beginning on the effective date of the amendatory Act, the Illinois Power Agency, the Illinois Commerce Commission, and the Illinois Environmental Protection Agency shall not regulate carbon dioxide emissions that arise from the combustion of fossil fuels for the purpose of generating electrical power. Removes carbon dioxide from the list of regulated greenhouse gases in the Environmental Protection Act. Repeals from the Environmental Protection Act a provision that provides for the regulation of greenhouse gas emissions from electric generating units and large greenhouse gas-emitting units. Makes other conforming changes. Effective immediately.

Provides that the amendatory Act may be referred to as the End the Energy Tax Act. Amends the Public Utilities Revenue Act. Provides that provisions concerning the tax on invested capital and on distribution of electricity are repealed on January 1, 2027. Provides that provisions concerning a return with respect to the tax are repealed on January 1, 2028. Repeals provisions of the Public Utilities Act concerning energy efficiency, demand-response measures and energy efficiency analysis, and the Energy Transition Assistance Fund. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code to make a conforming change. Repeals the Illinois Power Agency Act, the Electricity Excise Tax Law Act, and the Energy Assistance Act. Amends the Public Utilities Act. Provides that the Legislative Reference Bureau shall prepare for introduction in the 2027 spring session of the General Assembly a bill effecting such changes in the statutes as may be necessary to conform the statutes to the changes in law made by the amendatory Act. Effective immediately.

Amends the Environmental Protection Act. Defines "battery storage resource" and "total State-installed generation capacity". Provides that no variance, adjusted standard, or other regulatory relief otherwise available in the Act may be granted to the emissions reduction and elimination obligations in the amendatory provisions if battery storage resources constitute at least 10% of the total State-installed generation capacity in the State. Provides that, if battery storage resources constitute less than 10% of the total State-installed generation capacity at any time after the effective date of the amendatory Act, the Environmental Protection Agency shall delay enforcement of certain timelines and relieve generators of their obligation not to exceed their existing emission levels. Provides that, for a large GHG-emitting unit that uses gas as a fuel and is subject to certain restrictions within the provisions concerning greenhouse gases, the unit may exceed its existing emissions during run hours dispatched by a regional transmission organization during emergency, pre-emergency, or conservative operations or run hours that are required to maintain system reliability. Makes other changes. Effective immediately.

Amends the Environmental Protection Act. Provides that, notwithstanding any provision of the Act, any rule adopted under the Act, or any term or condition in any permit issued under the Act, each natural gas-fired peaker power plant in the State may, to the extent allowed by federal law, be operated on up to a continuous basis beginning on the effective date of the amendatory Act and until 30 days after the date upon which the Illinois Environmental Protection Agency first posts on its website a notice that it has determined, based on data supplied to it annually by the Illinois Power Agency, that at least 21,000 MWe of new utility-scale renewable power generation capacity has been brought online in the State. Directs the Environmental Protection Agency to adopt any rules and to amend any existing permits as necessary to implement the provisions added by the amendatory Act. Effective immediately.

Amends the Public Utilities Act. Removes provisions prohibiting the construction of new nuclear power reactors with a nameplate capacity of more than 300 megawatts of electricity to be located within the State until the Illinois Emergency Management Agency and Office of Homeland Security finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste.