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HB 3120

Relating to earned income tax credits; prescribing an effective date.

2025 Regular Session Introduced by Court Boice and 11 co-sponsors

HB 3120 lets ICC waive limits for large GHG-emitting units to avert reliability issues or economic hardship, potentially raising emissions; vetoed in 2025.

In committee upon adjournment.
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Bill Summary · HB 3120

Summary — HB 3120 (Introduced 2025)

Title: EPA — Large GHG Emitting Unit
Status: Referred to Rules Committee; subsequently passed both chambers and sent to Governor (vetoed 2025-06-22)
Introduced: Feb 18, 2025 (Rep. Blaine Wilhour)
Companion: SB 2396

Purpose / Intent

HB 3120 would amend Section 9.15 of the Illinois Environmental Protection Act to create a process by which owners or operators of “large greenhouse gas (GHG)–emitting units” (including electric generating units, EGUs) can seek temporary waivers from specified emission limitations. The stated aim is to allow temporary regulatory relief where compliance would threaten electricity reliability/adequacy or impose significant economic hardship on electricity users in Illinois.

Key provisions

  • Amends 415 ILCS 5/9.15 (Greenhouse gases) to add waiver authority and multiple defined terms.
  • Petition/Waiver process:
    • Owners/operators of any large GHG-emitting unit (defined as units that serve generators >25 MWe, including coal-, oil-, gas-fired and cogeneration units) may petition the Commission for a waiver of one or more listed emission limitations.
    • After a hearing, if the Commission finds that compliance would (1) threaten reliability/adequacy of Illinois electricity supplies or (2) create a significant economic hardship for electricity users, it may issue a written order waiving operation of those limitations for a period specified by the Commission.
  • Proactive Commission authority:
    • If the Illinois Commerce Commission (ICC) determines an impending plant closure would threaten reliability or create significant economic hardship, the ICC “shall” issue a written order waiving those limitations for any large GHG-emitting units for a specified period.
  • Supremacy of Commission orders:
    • If an ICC order conflicts with the terms of the Act, the Commission’s order is stated to control.
  • Definitions added/clarified:
    • “Carbon dioxide emission” and “CO2e” (CO2 equivalent) baselines (typically 2018–2020 average or first 3 years if newer).
    • Definitions for EGU (>25 MWe), large GHG-emitting unit, green hydrogen, cogeneration/combined heat and power, NOx emission rate, “equity investment eligible community/person,” and “public GHG-emitting unit.”

  • Other regulatory text:

    • The bill appears to preserve certain construction-permit exemptions tied to federal definitions (40 CFR 52.21 and Section 39.5) — portions of the draft are fragmented/garbled.

  • Effective date (if enacted): immediately.

Who/what would be affected

  • Primary: owners/operators of EGUs and other large GHG-emitting units in Illinois.
  • Secondary: Illinois electricity consumers (potentially protected from economic impacts), Illinois Commerce Commission and Illinois EPA (roles and authorities affected), environmental justice communities and public health/environmental stakeholders (may be affected by temporary increases in emissions).
  • Also affects municipal/publicly owned utilities and cooperatives (public GHG-emitting units defined).

Potential impacts and considerations

  • Regulatory flexibility: enables temporary suspension of emission limits to avert supply shortfalls or economic harms.
  • Emissions risk: could result in temporary higher GHG and co-pollutant emissions where waivers are granted.
  • Authority shift: gives the ICC explicit power to override statutory emission limits in specified circumstances; language states Commission orders control over Act if conflict exists.
  • Equity provisions: includes definitions intended to identify communities/persons prioritized for equitable investments, though the bill’s main operative text focuses on waivers.
  • Legal and administrative questions: the bill’s text is partially truncated/garbled in places (as provided), which may affect interpretation; potential for litigation around scope of Commission authority.

Legislative timeline / outcome

  • Passed both House and Senate in May 2025; enrolled and sent to Governor on 2025-05-28.
  • Vetoed by the Governor on 2025-06-22 — therefore not enacted into law as of that veto.

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

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