093_HB3629 LRB093 09268 EFG 09501 b 1 AN ACT in relation to nuclear safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Nuclear Safety Preparedness Act 5 is amended by changing Sections 3, 4, and 8 as follows: 6 (420 ILCS 5/3) (from Ch. 111 1/2, par. 4303) 7 Sec. 3. Definitions. Unless the context otherwise 8 clearly requires, as used in this Act: 9 (1) "Department" means the Department of Nuclear Safety 10 of the State of Illinois. 11 (2) "Director" means the Director of the Department of 12 Nuclear Safety. 13 (3) "Person" means any individual, corporation, 14 partnership, firm, association, trust, estate, public or 15 private institution, group, agency, political subdivision of 16 this State, any other state or political subdivision or 17 agency thereof, and any legal successor, representative, 18 agent, or agency of the foregoing. 19 (4) "NRC" means the United States Nuclear Regulatory 20 Commission or any agency which succeeds to its functions in 21 the licensing of nuclear power reactors or facilities for 22 storing spent nuclear fuel. 23 (5) "High-level radioactive waste" means (1) the highly 24 radioactive material resulting from the reprocessing of spent 25 nuclear fuel including liquid waste produced directly in 26 reprocessing and any solid material derived from such liquid 27 waste that contains fission products in sufficient 28 concentrations; and (2) the highly radioactive material that 29 the NRC has determined to be high-level radioactive waste 30 requiring permanent isolation. 31 (6) "Nuclear facilities" means nuclear power plants, -2- LRB093 09268 EFG 09501 b 1 facilities housing nuclear test and research reactors, 2 facilities for the chemical conversion of uranium, and 3 facilities for the storage of spent nuclear fuel or 4 high-level radioactive waste. 5 (7) "Spent nuclear fuel" means fuel that has been 6 withdrawn from a nuclear reactor following irradiation, the 7 constituent elements of which have not been separated by 8 reprocessing. 9 (8) "Transuranic waste" means material contaminated with 10 elements that have an atomic number greater than 92, 11 including neptunium, plutonium, americium, and curium, 12 excluding radioactive wastes shipped to a licensed low-level 13 radioactive waste disposal facility. 14 (9) "Highway route controlled quantity of radioactive 15 materials" means that quantity of radioactive materials 16 defined as a highway route controlled quantity under the 17 rules of the United States Department of Transportation or 18 any successor agency. 19 (Source: P.A. 90-601, eff. 6-26-98.) 20 (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304) 21 Sec. 4. Nuclear accident plans; fees. Persons engaged 22 within this State in the production of electricity utilizing 23 nuclear energy, the operation of nuclear test and research 24 reactors, the chemical conversion of uranium, or the 25 transportation, storage or possession of spent nuclear fuel 26 or high-level radioactive waste shall pay fees to cover the 27 cost of establishing plans and programs to deal with the 28 possibility of nuclear accidents. Except as provided below, 29 the fees shall be used exclusively to fund those Departmental 30 and local government activities defined as necessary by the 31 Director to implement and maintain the plans and programs 32 authorized by this Act. Local governments incurring expenses 33 attributable to implementation and maintenance of the plans -3- LRB093 09268 EFG 09501 b 1 and programs authorized by this Act may apply to the 2 Department for compensation for those expenses, and upon 3 approval by the Director of applications submitted by local 4 governments, the Department shall compensate local 5 governments from fees collected under this Section. 6 Compensation for local governments shall include $250,000 in 7 any year through fiscal year 1993, $275,000 in fiscal year 8 1994 and fiscal year 1995, $300,000 in fiscal year 1996, 9 $400,000 in fiscal year 1997, and $450,000 in fiscal year 10 1998 and thereafter. Appropriations to the Department of 11 Nuclear Safety for compensation to local governments from the 12 Nuclear Safety Emergency Preparedness Fund provided for in 13 this Section shall not exceed $650,000 per State fiscal year. 14 Expenditures from these appropriations shall not exceed, in a 15 single State fiscal year, the annual compensation amount made 16 available to local governments under this Section, unexpended 17 funds made available for local government compensation in the 18 previous fiscal year, and funds recovered under the Illinois 19 Grant Funds Recovery Act during previous fiscal years. 20 Notwithstanding any other provision of this Act, the 21 expenditure limitation for fiscal year 1998 shall include the 22 additional $100,000 made available to local governments for 23 fiscal year 1997 under this amendatory Act of 1997. Any 24 funds within these expenditure limitations, including the 25 additional $100,000 made available for fiscal year 1997 under 26 this amendatory Act of 1997, that remain unexpended at the 27 close of business on June 30, 1997, and on June 30 of each 28 succeeding year, shall be excluded from the calculations of 29 credits under subparagraph (3) of this Section. The 30 Department shall, by rule, determine the method for 31 compensating local governments under this Section. In 32 addition, a portion of the fees collected may be appropriated 33 to the Illinois Emergency Management Agency for activities 34 associated with preparing and implementing plans to deal with -4- LRB093 09268 EFG 09501 b 1 the effects of nuclear accidents. The appropriation shall not 2 exceed $500,000 in any year preceding fiscal year 1996; the 3 appropriation shall not exceed $625,000 in fiscal year 1996, 4 $725,000 in fiscal year 1997, and $775,000 in fiscal year 5 1998 and thereafter. The fees shall consist of the following: 6 (1) A one-time charge of $590,000 per nuclear power 7 station in this State to be paid by the owners of the 8 stations. 9 (2) An additional charge of $240,000 per nuclear power 10 station for which a fee under subparagraph (1) was paid 11 before June 30, 1982. 12 (3) Through June 30, 1982, an annual fee of $75,000 per 13 year for each nuclear power reactor for which an operating 14 license has been issued by the NRC, and after June 30, 1982, 15 and through June 30, 1984 an annual fee of $180,000 per year 16 for each nuclear power reactor for which an operating license 17 has been issued by the NRC, and after June 30, 1984, and 18 through June 30, 1991, an annual fee of $400,000 for each 19 nuclear power reactor for which an operating license has been 20 issued by the NRC, to be paid by the owners of nuclear power 21 reactors operating in this State. After June 30, 1991, the 22 owners of nuclear power reactors in this State for which 23 operating licenses have been issued by the NRC shall pay the 24 following fees for each such nuclear power reactor: for State 25 fiscal year 1992, $925,000; for State fiscal year 1993, 26 $975,000; for State fiscal year 1994; $1,010,000; for State 27 fiscal year 1995, $1,060,000; for State fiscal years 1996 and 28 1997, $1,110,000; for State fiscal year 1998, $1,314,000; for 29 State fiscal year 1999, $1,368,000; for State fiscal year 30 2000, $1,404,000; for State fiscal year 2001, $1,696,455; for 31 State fiscal year 2002, $1,730,636; for State fiscal year 32 2003 and subsequent fiscal years, $1,757,727. Within 120 days 33 after the end of the State fiscal year, the Department shall 34 determine, from the records of the Office of the Comptroller, -5- LRB093 09268 EFG 09501 b 1 the balance in the Nuclear Safety Emergency Preparedness 2 Fund. When the balance in the fund, less any fees collected 3 under this Section prior to their being due and payable for 4 the succeeding fiscal year or years, exceeds $400,000 at the 5 close of business on June 30, 1993, 1994, 1995, 1996, 1997, 6 and 1998, or exceeds $500,000 at the close of business on 7 June 30, 1999 and June 30 of each succeeding year, the excess 8 shall be credited to the owners of nuclear power reactors who 9 are assessed fees under this subparagraph. Credits shall be 10 applied against the fees to be collected under this 11 subparagraph for the subsequent fiscal year. Each owner 12 shall receive as a credit that amount of the excess which 13 corresponds proportionately to the amount the owner 14 contributed to all fees collected under this subparagraph in 15 the fiscal year that produced the excess. 16 (3.5) The owner of a nuclear power reactor that notifies 17 the Nuclear Regulatory Commission that the nuclear power 18 reactor has permanently ceased operations during State fiscal 19 year 1998 shall pay the following fees for each such nuclear 20 power reactor: $1,368,000 for State fiscal year 1999 and 21 $1,404,000 for State fiscal year 2000. 22 (4) A capital expenditure surcharge of $1,400,000 per 23 nuclear power station in this State, whether operating or 24 under construction, shall be paid by the owners of the 25 station. 26 (5) An annual fee of $25,000 per year for each site for 27 which a valid operating license has been issued by NRC for 28 the operation of an away-from-reactor spent nuclear fuel or 29 high-level radioactive waste storage facility, to be paid by 30 the owners of facilities for the storage of spent nuclear 31 fuel or high-level radioactive waste for others in this 32 State. 33 (6) A one-time charge of $280,000 for each facility in 34 this State housing a nuclear test and research reactor, to be -6- LRB093 09268 EFG 09501 b 1 paid by the operator of the facility. However, this charge 2 shall not be required to be paid by any tax-supported 3 institution. 4 (7) A one-time charge of $50,000 for each facility in 5 this State for the chemical conversion of uranium, to be paid 6 by the owner of the facility. 7 (8) An annual fee of $150,000 per year for each facility 8 in this State housing a nuclear test and research reactor, to 9 be paid by the operator of the facility. However, this 10 annual fee shall not be required to be paid by any 11 tax-supported institution. 12 (9) An annual fee of $15,000 per year for each facility 13 in this State for the chemical conversion of uranium, to be 14 paid by the owner of the facility. 15 (10) A fee assessed at the rate of $2,500 per truck for 16 each truck shipment and $4,500 for the first cask and $3,000 17 for each additional cask for each rail shipment of spent 18 nuclear fuel, high-level radioactive waste,ortransuranic 19 waste, or a highway route controlled quantity of radioactive 20 materials received at or departing from any nuclear power 21 station or away-from-reactor spent nuclear fuel, high-level 22 radioactive waste, or transuranic waste storage facility or 23 other facility in this State, to be paid by the shipper of 24 the spent nuclear fuel, high level radioactive waste,or25 transuranic waste, or highway route controlled quantity of 26 radioactive materials. Truck shipments of greater than 250 27 miles in Illinois are subject to a surcharge of $25 per mile 28 over 250 miles for each truck in the shipment. The amount of 29 fees collected each fiscal year under this subparagraph shall 30 be excluded from the calculation of credits under 31 subparagraph (3) of this Section. 32 (11) A fee assessed at the rate of $2,500 per truck for 33 each truck shipment and $4,500 for the first cask and $3,000 34 for each additional cask for each rail shipment of spent -7- LRB093 09268 EFG 09501 b 1 nuclear fuel, high-level radioactive waste,ortransuranic 2 waste, or a highway route controlled quantity of radioactive 3 materials traversing the State, to be paid by the shipper of 4 the spent nuclear fuel, high level radioactive waste,or5 transuranic waste, or highway route controlled quantity of 6 radioactive materials. Truck shipments of greater than 250 7 miles in Illinois are subject to a surcharge of $25 per mile 8 over 250 miles for each truck in the shipment. The amount of 9 fees collected each fiscal year under this subparagraph shall 10 be excluded from the calculation of credits under 11 subparagraph (3) of this Section. 12 (12) In each of the State fiscal years 1988 through 13 1991, in addition to the annual fee provided for in 14 subparagraph (3), a fee of $400,000 for each nuclear power 15 reactor for which an operating license has been issued by the 16 NRC, to be paid by the owners of nuclear power reactors 17 operating in this State. Within 120 days after the end of 18 the State fiscal years ending June 30, 1988, June 30, 1989, 19 June 30, 1990, and June 30, 1991, the Department shall 20 determine the expenses of the Illinois Nuclear Safety 21 Preparedness Program paid from funds appropriated for those 22 fiscal years. When the aggregate of all fees, charges, and 23 surcharges collected under this Section during any fiscal 24 year exceeds the total expenditures under this Act from 25 appropriations for that fiscal year, the excess shall be 26 credited to the owners of nuclear power reactors who are 27 assessed fees under this subparagraph, and the credits shall 28 be applied against the fees to be collected under this 29 subparagraph for the subsequent fiscal year. Each owner shall 30 receive as a credit that amount of the excess that 31 corresponds proportionately to the amount the owner 32 contributed to all fees collected under this subparagraph in 33 the fiscal year that produced the excess. 34 (Source: P.A. 91-47, eff. 6-30-99; 91-857, eff. 6-22-00; -8- LRB093 09268 EFG 09501 b 1 92-576, eff. 6-26-02.) 2 (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308) 3 Sec. 8. (a) The Illinois Nuclear Safety Preparedness 4 Program shall consist of an assessment of the potential 5 nuclear accidents, their radiological consequences, and the 6 necessary protective actions required to mitigate the effects 7 of such accidents. It shall include, but not necessarily be 8 limited to: 9 (1) Development of a remote effluent monitoring 10 system capable of reliably detecting and quantifying 11 accidental radioactive releases from nuclear power plants 12 to the environment; 13 (2) Development of an environmental monitoring 14 program for nuclear facilities other than nuclear power 15 plants; 16 (3) Development of procedures for radiological 17 assessment and radiation exposure control for areas 18 surrounding each nuclear facility in Illinois; 19 (4) Radiological training of state and local 20 emergency response personnel in accordance with the 21 Department's responsibilities under the program; 22 (5) Participation in the development of accident 23 scenarios and in the exercising of fixed facility nuclear 24 emergency response plans; 25 (6) Development of mitigative emergency planning 26 standards including, but not limited to, standards 27 pertaining to evacuations, re-entry into evacuated areas, 28 contaminated foodstuffs and contaminated water supplies; 29 (7) Provision of specialized response equipment 30 necessary to accomplish this task; 31 (8) Implementation of the Boiler and Pressure 32 Vessel Safety program at nuclear steam-generating 33 facilities as mandated by Section 2005-35 of the -9- LRB093 09268 EFG 09501 b 1 Department of Nuclear Safety Law (20 ILCS 2005/2005-35); 2 (9) Development and implementation of a plan for 3 inspecting and escorting all shipments of spent nuclear 4 fuel, high-level radioactive waste,andtransuranic 5 waste, and highway route controlled quantities of 6 radioactive materials in Illinois; and 7 (10) Implementation of the program under the 8 Illinois Nuclear Facility Safety Act. 9 (b) The Department may incorporate data collected by the 10 operator of a nuclear facility into the Department's remote 11 monitoring system. 12 (c) The owners of each nuclear power reactor in Illinois 13 shall provide the Department all system status signals which 14 initiate Emergency Action Level Declarations, actuate 15 accident mitigation and provide mitigation verification as 16 directed by the Department. The Department shall designate 17 by rule those system status signals that must be provided. 18 Signals providing indication of operating power level shall 19 also be provided. The owners of the nuclear power reactors 20 shall, at their expense, ensure that valid signals will be 21 provided continuously 24 hours a day. 22 All such signals shall be provided in a manner and at a 23 frequency specified by the Department for incorporation into 24 and augmentation of the remote effluent monitoring system 25 specified in subsection (a) (1) of this Section. Provision 26 shall be made for assuring that such system status and power 27 level signals shall be available to the Department during 28 reactor operation as well as throughout accidents and 29 subsequent recovery operations. 30 For nuclear reactors with operating licenses issued by 31 the Nuclear Regulatory Commission prior to the effective date 32 of this amendatory Act, such system status and power level 33 signals shall be provided to the Department by March 1, 1985. 34 For reactors without such a license on the effective date of -10- LRB093 09268 EFG 09501 b 1 this amendatory Act, such signals shall be provided to the 2 Department prior to commencing initial fuel load for such 3 reactor. Nuclear reactors receiving their operating license 4 after the effective date of this amendatory Act, but before 5 July 1, 1985, shall provide such system status and power 6 level signals to the Department by September 1, 1985. 7 (Source: P.A. 90-601, eff. 6-26-98; 91-239, eff. 1-1-00.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.