093_HB3629

 
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 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,
 
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 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 6    withdrawn  from  a nuclear reactor following irradiation, the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
 
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 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
 
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 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,
 
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 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
 
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 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, or transuranic
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, or
25    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
 
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 1    nuclear  fuel,  high-level  radioactive waste, or transuranic
 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,  or
 5    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;
 
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 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
 
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 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,  and  transuranic
 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
 
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 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.