|
Radiation Protection Advisory Council.
|
Section 15. Radiation sources; radioactive waste disposal. |
The Illinois Emergency Management Agency, instead of the |
Department of Nuclear Safety, shall register, license, |
inspect, and control radiation sources, shall purchase, lease, |
accept, or acquire lands, buildings, and grounds where |
radioactive wastes can be disposed, and shall supervise and |
regulate the operation of the disposal sites.
|
Section 20. Nuclear waste sites. |
(a) The Illinois Emergency Management Agency shall conduct |
a survey and prepare and publish a list of sites in the State |
where nuclear waste has been deposited, treated, or stored.
|
(b) The Illinois Emergency Management Agency shall monitor
|
nuclear waste processing, use, handling, storage, and disposal |
practices
in the State, and shall determine existing and |
expected rates of production of nuclear wastes.
|
(c) The Illinois Emergency Management Agency shall compile |
and make available to the public an annual report identifying |
the type and quantities of nuclear waste generated, stored, |
treated, or disposed of within this State and containing the |
other information required to be collected under this Section.
|
Section 25. Boiler and pressure vessel safety. The Illinois |
Emergency Management Agency shall exercise, administer, and |
enforce all of the following rights, powers, and duties:
|
(1) Rights, powers, and duties vested in the Department |
of Nuclear Safety by the Boiler and Pressure Vessel Safety |
Act prior to the abolishment of the Department of Nuclear |
Safety, to the extent the rights, powers, and duties relate |
to nuclear steam-generating facilities.
|
(2) Rights, powers, and duties relating to nuclear |
steam-generating facilities vested in the Department of |
Nuclear Safety by the Boiler and Pressure Vessel Safety Act |
prior to the abolishment of the Department of Nuclear |
|
Safety, which include but are not limited to the |
formulation of definitions, rules, and regulations for the |
safe and proper construction, installation, repair, use, |
and operation of nuclear steam-generating facilities, the |
adoption of rules for already installed nuclear |
steam-generating facilities, the adoption of rules for |
accidents in nuclear steam-generating facilities, the |
examination for or suspension of inspectors' licenses of |
the facilities, and the hearing of appeals from decisions |
relating to the facilities.
|
(3) Rights, powers, and duties relating to nuclear |
steam-generating facilities, vested in the State Fire |
Marshal, the Chief Inspector, or the Department of Nuclear |
Safety prior to its abolishment, by the Boiler and Pressure |
Vessel Safety Act, which include but are not limited to the |
employment of inspectors of nuclear steam-generating |
facilities, issuance or suspension of their commissions, |
prosecution of the Act or rules promulgated thereunder for |
violations by nuclear steam-generating facilities, |
maintenance of inspection records of all the facilities, |
publication of rules relating to the facilities, having |
free access to the facilities, issuance of inspection |
certificates of the facilities, and the furnishing of bonds |
conditioned upon the faithful performance of their duties. |
The Director of Illinois Emergency Management Agency may |
designate a Chief Inspector, or other inspectors, as he or |
she deems necessary to perform the functions transferred by |
this Section.
|
The transfer of rights, powers, and duties specified in |
paragraphs (1), (2), and (3) is limited to the program |
transferred by this Act and shall not be deemed to abolish or |
diminish the exercise of those same rights, powers, and duties |
by the Office of the State Fire Marshal, the Board of Boiler |
and Pressure Vessel Rules, the State Fire Marshal, or the Chief |
Inspector with respect to programs retained by the Office of |
the State Fire Marshal.
|
|
Section 30. Powers vested in Environmental Protection |
Agency. |
(a) The Illinois Emergency Management Agency shall |
exercise, administer, and enforce all rights, powers, and |
duties vested in the Environmental Protection Agency by |
paragraphs a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, |
and r of Section 4 and by Sections 30 through 45 of the |
Environmental Protection Act, to the extent that these powers |
relate to standards of the Pollution Control Board adopted |
under Section 35 of this Act. The transfer of rights, powers, |
and duties specified in this Section is limited to the programs |
transferred by Public Act 81-1516 and this Act and shall not be |
deemed to abolish or diminish the exercise of those same |
rights, powers, and duties by the Environmental Protection |
Agency with respect to programs retained by the Environmental |
Protection Agency.
|
(b) Notwithstanding provisions in Sections 4 and 17.7 of |
the Environmental Protection Act, the Environmental Protection |
Agency is not required to perform analytical services for |
community water supplies to determine compliance with |
contaminant levels for radionuclides as specified in State or |
federal drinking water regulations.
|
(c) Community water supplies may request the Illinois |
Emergency Management Agency to perform analytical services to |
determine compliance with contaminant levels for radionuclides |
as specified in State or federal drinking water regulations. |
The Illinois Emergency Management Agency must adopt rules |
establishing reasonable fees reflecting the direct and |
indirect cost of testing community water supply samples. The |
rules may require a community water supply to commit to |
participation in the Illinois Emergency Management Agency's |
testing program. Neither the Illinois Emergency Management |
Agency nor the Environmental Protection Agency is required to |
perform analytical services to determine contaminant levels |
for radionuclides from any community water supply that does not |
|
participate in the Illinois Emergency Management Agency's |
testing program.
|
Community water supplies that choose not to participate in |
the Illinois Emergency Management Agency's testing program or |
do not pay
the fees established by the Illinois Emergency |
Management Agency shall have the duty to analyze all drinking |
water samples as required by State or federal safe drinking |
water regulations to determine radionuclide contaminant |
levels.
|
Section 35. Pollution Control Board regulations concerning |
nuclear plants. The Illinois Emergency Management Agency shall |
enforce the regulations promulgated by the Pollution Control |
Board under Section 25b of the Environmental Protection Act. |
Under these regulations the Illinois Emergency Management |
Agency shall require that a person, corporation, or public |
authority intending to construct a nuclear steam-generating |
facility or a nuclear fuel reprocessing plant file with the |
Illinois Emergency Management Agency an environmental |
feasibility report that incorporates the data provided in the |
preliminary safety analysis required to be filed with the |
United States Nuclear Regulatory Commission.
|
Section 40. Regulation of nuclear safety. The Illinois |
Emergency Management Agency shall have primary responsibility |
for the coordination and oversight of all State governmental |
functions concerning the regulation of nuclear power, |
including low level waste management, environmental |
monitoring, and transportation of nuclear waste. Functions |
performed by the Department of State Police and the Department |
of Transportation in the area of nuclear safety, on the |
effective date of this Act, may continue to be performed by |
these agencies but under the direction of the Illinois |
Emergency Management Agency. All other governmental functions |
regulating nuclear safety shall be coordinated by Illinois |
Emergency Management Agency.
|
|
Section 45. Appointment of Assistant Director. The |
Assistant Director shall be an officer appointed by the |
Governor, with the advice and consent of the
Senate, and shall |
serve for a term of 2 years beginning on the third Monday in |
January of the odd-numbered year, and until a successor is |
appointed and has qualified; except that the first Assistant |
Director under this Act shall be the Director of Nuclear |
Safety. The Assistant Director shall not hold any other |
remunerative public office. The Assistant Director shall |
receive an annual salary as set by the Governor from time to |
time or the amount set by the Compensation Review Board, |
whichever is higher. If set by the Governor, the Assistant |
Director's annual salary may not exceed 85% of the Governor's |
annual salary.
|
Section 50. Personnel transferred. Personnel previously |
assigned to the programs transferred from the Department of |
Nuclear Safety are hereby transferred to the Illinois Emergency |
Management Agency. The rights of the employees, the State, and |
executive agencies under the Personnel Code, any collective |
bargaining agreement, or any pension, retirement, or annuity |
plan shall not be affected by this Act.
|
Section 55. Records and property transferred. All books, |
records, papers, documents, property (real or personal), |
unexpended appropriations, and pending business in any way |
pertaining to the rights, powers, and duties transferred by |
this Act shall be delivered and transferred to the Illinois |
Emergency Management Agency.
|
Section 60. Data available to Department of Public Health. |
All files, records, and data gathered by or under the direction |
or authority of the Director under the Civil Administrative |
Code of Illinois shall be made available to the Department of |
Public Health under the Illinois Health and Hazardous |
|
Substances Registry Act.
|
Section 65. Nuclear accident plan. The Illinois Emergency |
Management Agency shall have primary responsibility to |
formulate a comprehensive emergency preparedness and response |
plan for any nuclear accident. The Illinois Emergency |
Management Agency shall also train and maintain an emergency |
response team.
|
Section 70. Nuclear and radioactive materials |
transportation plan. The Illinois Emergency Management Agency |
shall formulate a comprehensive plan regarding the |
transportation of nuclear and radioactive materials in |
Illinois. The Illinois Emergency Management Agency shall have |
primary responsibility for all State governmental regulation |
of the transportation of nuclear and radioactive materials, |
insofar as the regulation pertains to the public health and |
safety. This responsibility shall include but not be limited to |
the authority to oversee and coordinate regulatory functions |
performed by the Department of Transportation, the Department |
of State Police, and the Illinois Commerce Commission.
|
Section 75. State nuclear power policy. The Illinois |
Emergency Management Agency, in cooperation with the |
Department of Natural Resources, shall study (i) the impact and |
cost of nuclear power and compare these to the impact and cost |
of alternative sources of energy, (ii) the potential effects on |
the public health and safety of all radioactive emissions from |
nuclear power plants, and (iii) all other factors that bear on |
the use of nuclear power or on nuclear safety. The Illinois |
Emergency Management Agency shall formulate a general nuclear |
policy for the State based on the findings of the study. The |
policy shall include
but not be limited to the feasibility of |
continued use of nuclear power, effects of the use of nuclear |
power on the public health and safety, minimum acceptable |
standards for the location of any future nuclear power plants, |
|
and rules and regulations for the reporting by public utilities |
of radioactive emissions from power plants. The Illinois |
Emergency Management Agency shall establish a reliable system |
for communication between the public and the Illinois Emergency |
Management Agency and for dissemination of information by the |
Illinois Emergency Management Agency. The Illinois Emergency |
Management Agency shall publicize the findings of all studies |
and make the publications reasonably available to the public.
|
Section 80. No accreditation, certification, or |
registration if in default on educational loan. The Illinois |
Emergency Management Agency shall not issue or renew to any |
individual any accreditation, certification, or registration |
(but excluding registration under Section 24.7 of the Radiation |
Protection Act of 1990) otherwise issued by the Illinois |
Emergency Management Agency if the individual has defaulted on |
an educational loan guaranteed by the Illinois Student |
Assistance Commission; however, the Agency may issue or renew |
an accreditation, certification, or registration if the |
individual has established a satisfactory repayment record as |
determined by the Illinois Student Assistance Commission. |
Additionally, any accreditation, certification, or |
registration issued by the Illinois Emergency Management |
Agency (but excluding registration under Section 24.7 of the |
Radiation Protection Act of 1990) may be suspended or revoked |
if the Illinois Emergency Management Agency, after the |
opportunity for a hearing under the appropriate accreditation, |
certification, or registration Act, finds that the holder has |
failed to make satisfactory repayment to the Illinois Student |
Assistance Commission for a delinquent or defaulted loan as |
determined by the Illinois Student Assistance Commission.
|
Section 85. Saving clause. |
(a) The rights, powers and duties transferred to the |
Illinois Emergency Management Agency by this Act shall be |
vested in and shall be exercised by the Illinois Emergency |
|
Management Agency. Each act done in exercise of such rights, |
powers, and duties shall have the same legal effect as if done |
by the Department of Nuclear Safety, its divisions, officers, |
or employees.
|
(b) Every person or corporation shall be subject to the |
same obligations and duties and any penalties, civil or |
criminal, arising therefrom, and shall have the same rights |
arising from the exercise of such powers, duties, rights and |
responsibilities as had been exercised by the Department of |
Nuclear Safety, its divisions, officers or employees.
|
(c) Every officer of the Illinois Emergency Management |
Agency shall, for any offense, be subject to the same penalty |
or penalties, civil or criminal, as are prescribed by existing |
law for the same offense by any officer whose powers or duties |
were transferred under this Act.
|
(d) Whenever reports or notices are now required to be made |
or given or papers or documents furnished or served by any |
person to or upon the agencies and officers transferred by this |
Act, the same shall be made, given, furnished, or served in the |
same manner to or upon the Illinois Emergency Management |
Agency.
|
(e) This Act shall not affect any act done, ratified, or |
canceled or any right occurring or established or any action or |
proceeding had or commenced in an administrative, civil, or |
criminal cause regarding the
Department of Nuclear Safety |
before this Act takes effect, but such actions or proceedings |
may be prosecuted and continued by the Illinois Emergency |
Management Agency.
|
(f) Any rules of the Department of Nuclear Safety that are |
in full force on the effective date of this Act and that have |
been duly adopted by the Illinois Emergency Management Agency |
shall become the rules of the Illinois Emergency Management |
Agency. This Act shall not affect the legality of any such |
rules in the Illinois Administrative Code. Any proposed rules |
filed with the Secretary of State by the Department of Nuclear |
Safety that are pending in the rulemaking process on the |
|
effective date of this Act, shall be deemed to have been filed |
by the Illinois Emergency Management Agency. As soon as |
practicable hereafter, the Illinois Emergency Management |
Agency shall revise and clarify the rules transferred to it |
under this Act to reflect the reorganization of rights, powers, |
and duties effected by this Act using the procedures for |
recodification of rules available under the Illinois |
Administrative Procedure Act, except that existing title, |
part, and section numbering for the affected rules may be |
retained. The Illinois Emergency Management Agency may propose |
and adopt under the Illinois Administrative Procedure Act such |
other rules of the reorganized agencies that will now be |
administered by the Illinois Emergency Management Agency.
|
(g) If any provision of this Act or its application to any |
person or circumstances is held invalid by any court of |
competent jurisdiction, this invalidity does not affect any |
other provision or application. To achieve this purpose, the |
provisions of this Act are declared to be severable.
|
Section 905. The Civil Administrative Code of Illinois is |
amended by changing Sections 5-15, 5-20, and 5-160 as follows:
|
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
|
Sec. 5-15. Departments of State government. The |
Departments of
State government are created as follows:
|
The Department on Aging.
|
The Department of Agriculture.
|
The Department of Central Management Services.
|
The Department of Children and Family Services.
|
The Department of Commerce and Economic Opportunity.
|
The Department of Corrections.
|
The Department of Employment Security.
|
The Emergency Management Agency.
|
The Department of Financial Institutions.
|
The Department of Human Rights.
|
The Department of Human Services.
|
|
The Department of Insurance.
|
The Department of Labor.
|
The Department of the Lottery.
|
The Department of Natural Resources.
|
The Department of Nuclear Safety.
|
The Department of Professional Regulation.
|
The Department of Public Aid.
|
The Department of Public Health.
|
The Department of Revenue.
|
The Department of State Police.
|
The Department of Transportation.
|
The Department of Veterans' Affairs.
|
(Source: P.A. 93-25, eff. 6-20-03.)
|
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
|
Sec. 5-20. Heads of departments. Each department shall have |
an
officer as its head who shall
be known as director or |
secretary and who shall, subject to the
provisions of the Civil |
Administrative Code of Illinois,
execute the powers and |
discharge the duties
vested by law in his or her respective |
department.
|
The following officers are hereby created:
|
Director of Aging, for the Department on Aging.
|
Director of Agriculture, for the Department of |
Agriculture.
|
Director of Central Management Services, for the |
Department of Central
Management Services.
|
Director of Children and Family Services, for the |
Department of Children and
Family Services.
|
Director of Commerce and Economic Opportunity, for
the |
Department of Commerce
and Economic Opportunity.
|
Director of Corrections, for the Department of |
Corrections.
|
Director of Emergency Management Agency, for the Emergency |
Management Agency.
|
Director of Employment Security, for the Department of |
|
Employment Security.
|
Director of Financial Institutions, for the Department of |
Financial
Institutions.
|
Director of Human Rights, for the Department of Human |
Rights.
|
Secretary of Human Services, for the Department of Human |
Services.
|
Director of Insurance, for the Department of Insurance.
|
Director of Labor, for the Department of Labor.
|
Director of the Lottery, for the Department of the Lottery.
|
Director of Natural Resources, for the Department of |
Natural Resources.
|
Director of Nuclear Safety, for the Department of Nuclear |
Safety.
|
Director of Professional Regulation, for the Department of |
Professional
Regulation.
|
Director of Public Aid, for the Department of Public Aid.
|
Director of Public Health, for the Department of Public |
Health.
|
Director of Revenue, for the Department of Revenue.
|
Director of State Police, for the Department of State |
Police.
|
Secretary of Transportation, for the Department of |
Transportation.
|
Director of Veterans' Affairs, for the Department of |
Veterans' Affairs.
|
(Source: P.A. 93-25, eff. 6-20-03.)
|
(20 ILCS 5/5-160) (was 20 ILCS 5/5.13h)
|
Sec. 5-160. In the Emergency Management Agency
Department |
of Nuclear Safety. Assistant
Director of the Emergency |
Management Agency
Nuclear Safety.
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2005/Act rep.)
|
Section 910. The Department of Nuclear Safety Law of the
|
|
Civil Administrative Code of Illinois is repealed.
|
Section 915. The Illinois Nuclear Safety Preparedness Act |
is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, and 10 as |
follows:
|
(420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
|
Sec. 3. Definitions. Unless the context otherwise clearly |
requires, as used
in
this Act:
|
(1) "Agency
Department" means the Illinois Emergency |
Management Agency
Department of Nuclear Safety
of the State of |
Illinois.
|
(2) "Director" means the Director of the Illinois Emergency |
Management Agency
Department of Nuclear Safety.
|
(3) "Person" means any individual, corporation, |
partnership, firm,
association, trust, estate, public or |
private institution, group,
agency, political subdivision of |
this State, any other state or
political subdivision or agency |
thereof, and any legal successor,
representative, agent, or |
agency of the foregoing.
|
(4) "NRC" means the United States Nuclear Regulatory |
Commission or
any agency which succeeds to its functions in the |
licensing of nuclear
power reactors or facilities for storing |
spent nuclear fuel.
|
(5) "High-level radioactive waste" means (1) the highly |
radioactive
material resulting from the reprocessing of spent |
nuclear fuel including
liquid waste produced directly in |
reprocessing and any solid material
derived from such liquid |
waste that contains fission products in sufficient
|
concentrations; and (2) the highly radioactive material that |
the NRC has
determined to be high-level radioactive waste |
requiring permanent isolation.
|
(6) "Nuclear facilities" means nuclear power plants, |
facilities housing
nuclear test and research reactors, |
facilities for the chemical conversion
of uranium, and |
facilities for the storage of spent nuclear fuel or
high-level |
|
radioactive waste.
|
(7) "Spent nuclear fuel" means fuel that has been withdrawn |
from a
nuclear reactor following irradiation, the constituent |
elements of which
have not been separated by reprocessing.
|
(8) "Transuranic waste" means material contaminated with |
elements that
have an atomic number greater than 92, including |
neptunium, plutonium,
americium, and curium, excluding |
radioactive wastes shipped to a licensed
low-level radioactive |
waste disposal facility.
|
(9) "Highway route controlled quantity of radioactive |
materials" means that quantity of radioactive materials |
defined as a highway route controlled quantity under rules of |
the United States Department of Transportation, or any |
successor agency.
|
(Source: P.A. 90-601, eff. 6-26-98.)
|
(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 Agency
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 Agency
Department for
|
compensation for those expenses, and upon approval by the |
Director of
applications
submitted by local governments, the |
Agency
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 (of which the Agency is the |
successor) 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 under
|
subparagraph
(3) of this Section. The
Agency
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 Agency
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 truck 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, or a highway route controlled quantity of radioactive |
materials 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, or |
other facility in this State to be paid by the shipper of the |
spent nuclear
fuel, high level radioactive waste, or
|
transuranic waste, or highway route controlled quantity of |
radioactive material.
Truck
shipments of greater than 250 miles |
in Illinois are subject to a surcharge of
$25 per mile over 250 |
miles for each truck in the shipment. 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 truck
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, or a highway route controlled quantity of radioactive |
materials traversing the State to be paid by
the shipper of the |
spent nuclear fuel, high level radioactive waste, or
|
transuranic waste, or highway route controlled quantity of |
radioactive material. Truck shipments of greater than 250 miles |
in
Illinois are subject to a surcharge of $25 per mile over 250 |
miles for each
truck in the shipment. 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
Agency
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. 91-47, eff.
6-30-99; 91-857, eff. 6-22-00; |
92-576, eff. 6-26-02.)
|
(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 Agency
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 Agency
|
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 Agency
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 |
Agency
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 Agency
|
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; 91-47, eff. 6-30-99.)
|
(420 ILCS 5/6) (from Ch. 111 1/2, par. 4306)
|
Sec. 6. The Agency
Department shall prepare a budget |
showing the cost (including
capital expenditures) to be |
incurred in administering this Act during the
fiscal year in |
question. Such budget shall be prepared only after consultation
|
with those liable for the fees imposed by this Act as to the |
costs necessary
to enable the Agency
Department to perform its |
responsibilities under this Act.
|
(Source: P.A. 81-577.)
|
(420 ILCS 5/7) (from Ch. 111 1/2, par. 4307)
|
Sec. 7. All monies received by the Agency
Department under |
this Act shall be
deposited in the State Treasury and shall be |
set apart in a special fund to
be known as the "Nuclear Safety |
Emergency Preparedness Fund". All monies
within the Nuclear |
Safety Emergency Preparedness Fund shall be invested by
the |
State Treasurer in accordance with established investment |
practices.
Interest earned by such investment shall be returned |
to the Nuclear Safety
Emergency Preparedness Fund. Monies |
deposited in this fund shall be
expended by the Director only |
to support the activities of the Illinois
Nuclear Safety |
Preparedness Program, including activities of the Illinois
|
State Police and the Illinois Commerce Commission under Section |
8(a)(9).
|
(Source: P.A. 92-576, eff. 6-26-02.)
|
(420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
|
Sec. 8. (a) The Illinois Nuclear Safety Preparedness |
Program shall
consist of an assessment of the potential nuclear |
accidents, their
radiological consequences, and the necessary |
protective actions required to
mitigate the effects of such |
|
accidents. It shall include, but not
necessarily be limited to:
|
(1) Development of a remote effluent monitoring system |
capable of
reliably detecting and quantifying accidental |
radioactive releases from
nuclear power plants to the |
environment;
|
(2) Development of an environmental monitoring program |
for nuclear
facilities other than nuclear power plants;
|
(3) Development of procedures for radiological |
assessment and radiation
exposure control for areas |
surrounding each nuclear facility in Illinois;
|
(4) Radiological training of state and local emergency
|
response personnel in accordance with the Agency's
|
Department's responsibilities
under the program;
|
(5) Participation in the development of accident |
scenarios
and in the exercising of fixed facility nuclear |
emergency response plans;
|
(6) Development of mitigative emergency planning |
standards including,
but not limited to, standards |
pertaining to evacuations, re-entry into
evacuated areas, |
contaminated foodstuffs and contaminated water supplies;
|
(7) Provision of specialized response equipment |
necessary to accomplish
this task;
|
(8) Implementation of the Boiler and Pressure Vessel |
Safety program
at nuclear steam-generating facilities as |
mandated by
Section
2005-35 of the Department of Nuclear |
Safety Law, or its successor statute
(20 ILCS
|
2005/2005-35);
|
(9) Development and implementation of a plan for |
inspecting and
escorting all shipments of spent nuclear |
fuel, high-level
radioactive
waste, and transuranic waste, |
and highway route controlled quantities of radioactive |
materials in Illinois; and
|
(10) Implementation of the program under the Illinois |
Nuclear Facility
Safety Act.
|
(b) The Agency
Department may incorporate data collected by |
the operator of a
nuclear facility into the Agency's
|
|
Department's remote monitoring system.
|
(c) The owners of each nuclear power reactor in Illinois |
shall provide
the Agency
Department all system status signals |
which initiate Emergency Action
Level Declarations, actuate |
accident mitigation and provide mitigation
verification as |
directed by the Agency
Department. The Agency
Department shall |
designate
by rule those system status signals that must be |
provided. Signals
providing indication of operating power |
level shall also be provided.
The owners of the nuclear power |
reactors shall, at their expense, ensure
that valid signals |
will be provided continuously 24 hours a day.
|
All such signals shall be provided in a manner and at a |
frequency
specified by the Agency
Department for incorporation |
into and augmentation of the
remote effluent monitoring system |
specified in subsection (a) (1) of this
Section. Provision |
shall be made for assuring that such system status and
power |
level signals shall be available to the Agency
Department
|
during reactor
operation as well as throughout accidents and |
subsequent
recovery operations.
|
For nuclear reactors with operating licenses issued by the |
Nuclear
Regulatory Commission prior to the effective date of |
this amendatory Act,
such system status and power level signals |
shall be provided to the
Department of Nuclear Safety (of which |
the Agency is the successor) by March 1, 1985. For reactors |
without such a license on the
effective date of this amendatory |
Act, such signals shall be provided to
the Department prior to |
commencing initial fuel load for such reactor.
Nuclear reactors |
receiving their operating license after the effective date
of |
this amendatory Act, but before July 1, 1985, shall provide |
such system
status and power level signals to the Department of |
Nuclear Safety (of which the Agency is the successor) by |
September 1, 1985.
|
(Source: P.A. 90-601, eff. 6-26-98; 91-239, eff. 1-1-00.)
|
(420 ILCS 5/9) (from Ch. 111 1/2, par. 4309)
|
Sec. 9. Any equipment purchased by the Agency
Department to |
|
be installed on
the premises of a nuclear facility pursuant to |
the provisions of
subsections (1), (2) and (7) of Section 8 of |
this Act shall be installed by
the owner of such nuclear |
facility in accordance with criteria and
standards established |
by the Director of the Agency
Department, including criteria
|
for location, supporting utilities, and methods of |
installation. Such
installation shall be at no cost to the |
Agency
Department. The owner of the
nuclear facility shall |
also, at its expense, pay for modifications of its
facility as |
requested by the Department to accommodate the Agency's
|
Department's
equipment including updated equipment, and to |
accommodate changes in the
Agency's
Department's criteria and |
standards.
|
(Source: P.A. 86-901.)
|
(420 ILCS 5/10) (from Ch. 111 1/2, par. 4310)
|
Sec. 10. The Agency
Department may accept and administer |
according to
law, loans, grants, or other funds or gifts from |
the Federal
Government and from other sources, public and |
private, for
carrying out its functions under this Act.
|
(Source: P.A. 83-1342.)
|
Section 999. Effective date. This Act takes effect upon |
becoming law.
|