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Public Act 91-0047
HB2642 Enrolled LRB9101293ACtm
AN ACT to amend the Illinois Nuclear Safety Preparedness
Act by changing Sections 4 and 5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Nuclear Safety Preparedness Act
is amended by changing Sections 4 and 5 as follows:
(420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
Sec. 4. Nuclear accident plans; fees. Persons engaged
within this State in the production of electricity utilizing
nuclear energy, the operation of nuclear test and research
reactors, the chemical conversion of uranium, or the
transportation, storage or possession of spent nuclear fuel
or high-level radioactive waste shall pay fees to cover the
cost of establishing plans and programs to deal with the
possibility of nuclear accidents. Except as provided below,
the fees shall be used exclusively to fund those Departmental
and local government activities defined as necessary by the
Director to implement and maintain the plans and programs
authorized by this Act. Local governments incurring expenses
attributable to implementation and maintenance of the plans
and programs authorized by this Act may apply to the
Department for compensation for those expenses, and upon
approval by the Director of applications submitted by local
governments, the Department shall compensate local
governments from fees collected under this Section.
Compensation for local governments shall include $250,000 in
any year through fiscal year 1993, $275,000 in fiscal year
1994 and fiscal year 1995, $300,000 in fiscal year 1996,
$400,000 in fiscal year 1997, and $450,000 in fiscal year
1998 and thereafter. Appropriations to the Department of
Nuclear Safety for compensation to local governments from the
Nuclear Safety Emergency Preparedness Fund provided for in
this Section shall not exceed $650,000 per State fiscal year.
Expenditures from these appropriations shall not exceed, in a
single State fiscal year, the annual compensation amount made
available to local governments under this Section, unexpended
funds made available for local government compensation in the
previous fiscal year, and funds recovered under the Illinois
Grant Funds Recovery Act during previous fiscal years.
Notwithstanding any other provision of this Act, the
expenditure limitation for fiscal year 1998 shall include the
additional $100,000 made available to local governments for
fiscal year 1997 under this amendatory Act of 1997. Any
funds within these expenditure limitations, including the
additional $100,000 made available for fiscal year 1997 under
this amendatory Act of 1997, that remain unexpended at the
close of business on June 30, 1997, and on June 30 of each
succeeding year, shall be excluded from the calculations of
credits credit under subparagraph item (3) of this Section.
The Department shall, by rule, determine the method for
compensating local governments under this Section. In
addition, a portion of the fees collected may be appropriated
to the Illinois Emergency Management Agency for activities
associated with preparing and implementing plans to deal with
the effects of nuclear accidents. The appropriation shall not
exceed $500,000 in any year preceding fiscal year 1996; the
appropriation shall not exceed $625,000 in fiscal year 1996,
$725,000 in fiscal year 1997, and $775,000 in fiscal year
1998 and thereafter. The fees shall consist of the following:
(1) A one-time charge of $590,000 per nuclear power
station in this State to be paid by the owners of the
stations.
(2) An additional charge of $240,000 per nuclear power
station for which a fee under subparagraph (1) was paid
before June 30, 1982.
(3) Through June 30, 1982, an annual fee of $75,000 per
year for each nuclear power reactor for which an operating
license has been issued by the NRC, and after June 30, 1982,
and through June 30, 1984 an annual fee of $180,000 per year
for each nuclear power reactor for which an operating license
has been issued by the NRC, and after June 30, 1984, and
through June 30, 1991, an annual fee of $400,000 for each
nuclear power reactor for which an operating license has been
issued by the NRC, to be paid by the owners of nuclear power
reactors operating in this State. After June 30, 1991, the
owners of nuclear power reactors in this State for which
operating licenses have been issued by the NRC shall pay the
following fees for each such nuclear power reactor: for State
fiscal year 1992, $925,000; for State fiscal year 1993,
$975,000; for State fiscal year 1994; $1,010,000; for State
fiscal year 1995, $1,060,000; for State fiscal years 1996 and
1997, $1,110,000; for State fiscal year 1998, $1,314,000; for
State fiscal year 1999, $1,368,000; for State fiscal year
2000, $1,404,000; for State fiscal year 2001, $1,696,455; for
State fiscal year 2002, $1,730,636; for State fiscal year
2003 and subsequent fiscal years, $1,757,727. Within 120 days
after the end of the State fiscal year, the Department shall
determine, from the records of the Office of the Comptroller,
the balance in the Nuclear Safety Emergency Preparedness
Fund. When the balance in the fund, less any fees collected
under this Section prior to their being due and payable for
the succeeding fiscal year or years, exceeds $400,000 at the
close of business on June 30, 1993, 1994, 1995, 1996, 1997,
and 1998, or exceeds $500,000 at the close of business on
June 30, 1999 and June 30 of each succeeding year, the excess
shall be credited to the owners of nuclear power reactors who
are assessed fees under this subparagraph. Credits shall be
applied against the fees to be collected under this
subparagraph for the subsequent fiscal year. Each owner
shall receive as a credit that amount of the excess which
corresponds proportionately to the amount the owner
contributed to all fees collected under this subparagraph in
the fiscal year that produced the excess.
(3.5) The owner of a nuclear power reactor that notifies
the Nuclear Regulatory Commission that the nuclear power
reactor has permanently ceased operations during State fiscal
year 1998 shall pay the following fees for each such nuclear
power reactor: $1,368,000 for State fiscal year 1999 and
$1,404,000 for State fiscal year 2000.
(4) A capital expenditure surcharge of $1,400,000 per
nuclear power station in this State, whether operating or
under construction, shall be paid by the owners of the
station.
(5) An annual fee of $25,000 per year for each site for
which a valid operating license has been issued by NRC for
the operation of an away-from-reactor spent nuclear fuel or
high-level radioactive waste storage facility, to be paid by
the owners of facilities for the storage of spent nuclear
fuel or high-level radioactive waste for others in this
State.
(6) A one-time charge of $280,000 for each facility in
this State housing a nuclear test and research reactor, to be
paid by the operator of the facility. However, this charge
shall not be required to be paid by any tax-supported
institution.
(7) A one-time charge of $50,000 for each facility in
this State for the chemical conversion of uranium, to be paid
by the owner of the facility.
(8) An annual fee of $150,000 per year for each facility
in this State housing a nuclear test and research reactor, to
be paid by the operator of the facility. However, this
annual fee shall not be required to be paid by any
tax-supported institution.
(9) An annual fee of $15,000 per year for each facility
in this State for the chemical conversion of uranium, to be
paid by the owner of the facility.
(10) A fee assessed at the rate of $2,500 per cask for
each truck shipment and $4,500 for the first cask and $3,000
for each additional cask for each rail shipment of spent
nuclear fuel, high-level radioactive waste, or transuranic
waste received at or departing from any nuclear power station
or away-from-reactor spent nuclear fuel, high-level
radioactive waste, or transuranic waste storage facility in
this State to be paid by the shipper of the spent nuclear
fuel, high level radioactive waste, or transuranic waste.
The amount of fees collected each fiscal year under this
subparagraph shall be excluded from the calculation of
credits under subparagraph (3) of this Section.
(11) A fee assessed at the rate of $2,500 per cask for
each truck shipment and $4,500 for the first cask and $3,000
for each additional cask for each rail shipment of spent
nuclear fuel, high-level radioactive waste, or transuranic
waste traversing the State to be paid by the shipper of the
spent nuclear fuel, high level radioactive waste, or
transuranic waste. The amount of fees collected each fiscal
year under this subparagraph shall be excluded from the
calculation of credits under subparagraph (3) of this
Section.
(12) In each of the State fiscal years 1988 through
1991, in addition to the annual fee provided for in
subparagraph (3), a fee of $400,000 for each nuclear power
reactor for which an operating license has been issued by the
NRC, to be paid by the owners of nuclear power reactors
operating in this State. Within 120 days after the end of
the State fiscal years ending June 30, 1988, June 30, 1989,
June 30, 1990, and June 30, 1991, the Department shall
determine the expenses of the Illinois Nuclear Safety
Preparedness Program paid from funds appropriated for those
fiscal years. When the aggregate of all fees, charges, and
surcharges collected under this Section during any fiscal
year exceeds the total expenditures under this Act from
appropriations for that fiscal year, the excess shall be
credited to the owners of nuclear power reactors who are
assessed fees under this subparagraph, and the credits shall
be applied against the fees to be collected under this
subparagraph for the subsequent fiscal year. Each owner shall
receive as a credit that amount of the excess that
corresponds proportionately to the amount the owner
contributed to all fees collected under this subparagraph in
the fiscal year that produced the excess.
(Source: P.A. 89-336, eff. 8-17-95; 90-34, eff. 6-27-97;
90-601, eff. 6-26-98.)
(420 ILCS 5/5) (from Ch. 111 1/2, par. 4305)
Sec. 5. (a) Except as otherwise provided in this
Section, within 30 days after the beginning of each State
fiscal year, each person who possessed a valid operating
license issued by the NRC for a nuclear power reactor or a
spent fuel storage facility during any portion of the
previous fiscal year shall pay to the Department the fees
imposed by Section 4 of this Act. The one-time facility
charge assessed pursuant to subparagraph (1) of Section 4
shall be paid to the Department not less than 2 years prior
to scheduled commencement of commercial operation. The
additional facility charge assessed pursuant to subparagraph
(2) of Section 4 shall be paid to the Department within 90
days of June 30, 1982. Fees assessed pursuant to subparagraph
(3) of Section 4 for State fiscal year 1992 shall be payable
as follows: $400,000 due on August 1, 1991, and $525,000 due
on January 1, 1992. Fees assessed pursuant to subparagraph
(3) of Section 4 for State fiscal year 1993 and subsequent
fiscal years shall be due and payable in two equal payments
on July 1 and January 1 during the fiscal year in which the
fee is due. Fees assessed pursuant to subparagraph (4) of
Section 4 shall be paid in six payments, the first, in the
amount of $400,000, shall be due and payable 30 days after
the effective date of this Amendatory Act of 1984.
Subsequent payments shall be in the amount of $200,000 each,
and shall be due and payable annually on August 1, 1985
through August 1, 1989, inclusive. Fees assessed under the
provisions of subparagraphs (6) and (7) of Section 4 of this
Act shall be paid on or before January 1, 1990. Fees
assessed under the provisions of subparagraphs (8) and (9) of
Section 4 of this Act shall be paid on or before January 1st
of each year, beginning January 1, 1990. Fees assessed under
the provisions of subparagraphs (10) and (11) of Section 4 of
this Act shall be paid to the Department within 60 days after
completion of such shipments within this State. Fees
assessed pursuant to subparagraph (12) of Section 4 shall be
paid to the Department by each person who possessed a valid
operating license issued by the NRC for a nuclear power
reactor during any portion of the previous State fiscal year
as follows: the fee due in fiscal year 1988 shall be paid on
January 15, 1988, the fee due in fiscal year 1989 shall be
paid on December 1, 1988, and subsequent fees shall be paid
annually on December 1, 1989 through December 1, 1990.
(b) Fees assessed pursuant to paragraph (3.5) of Section
4 for State fiscal years 1999 and 2000 shall be due and
payable in 2 equal payments on July 1 and January 1 during
the fiscal year in which the fee is due. The fee due on July
1, 1998 shall be payable on that date, or within 10 days
after the effective date of this amendatory Act of 1998,
whichever is later.
(c) Any person who fails to pay a fee assessed under
Section 4 of this Act within 90 days after the fee is payable
is liable in a civil action for an amount not to exceed 4
times the amount assessed and not paid. The action shall be
brought by the Attorney General at the request of the
Department. If the action involves a fixed facility in
Illinois, the action shall be brought in the Circuit Court of
the county in which the facility is located. If the action
does not involve a fixed facility in Illinois, the action
shall be brought in the Circuit Court of Sangamon County.
(Source: P.A. 90-601, eff. 6-26-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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