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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Nuclear Safety Preparedness Act is | ||||||
5 | amended by changing Sections 4 and 5 and by adding Section 8.5 | ||||||
6 | as follows:
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7 | (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
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8 | Sec. 4. Nuclear accident plans; fees. Persons engaged | ||||||
9 | within this State
in the production of electricity utilizing | ||||||
10 | nuclear energy, the operation of
nuclear test and research | ||||||
11 | reactors, the chemical conversion of uranium, or the
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12 | transportation, storage or possession of spent nuclear fuel or | ||||||
13 | high-level
radioactive waste shall pay fees to cover the cost | ||||||
14 | of establishing plans and
programs to deal with the possibility | ||||||
15 | of nuclear accidents. Except as provided
below, the fees shall | ||||||
16 | be used exclusively to fund those Agency and local
government | ||||||
17 | activities defined as necessary by the Director to implement | ||||||
18 | and
maintain the plans and programs authorized by this Act. | ||||||
19 | Local governments
incurring expenses attributable to | ||||||
20 | implementation and maintenance of the plans
and programs | ||||||
21 | authorized by this Act may apply to the Agency for
compensation | ||||||
22 | for those expenses, and upon approval by the Director of
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23 | applications
submitted by local governments, the Agency shall |
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1 | compensate local
governments from fees collected under this | ||||||
2 | Section. Compensation for local
governments shall include
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3 | $250,000 in any year through
fiscal year 1993, $275,000 in | ||||||
4 | fiscal year 1994 and fiscal year 1995,
$300,000 in fiscal year | ||||||
5 | 1996, $400,000 in fiscal year 1997, and $450,000
in fiscal year | ||||||
6 | 1998 and thereafter.
Appropriations to the Department of | ||||||
7 | Nuclear Safety (of which the Agency is the successor) for | ||||||
8 | compensation to local
governments from the Nuclear Safety | ||||||
9 | Emergency
Preparedness Fund provided for in this Section shall | ||||||
10 | not exceed $650,000 per
State fiscal year. Expenditures from | ||||||
11 | these appropriations shall not exceed, in
a single State fiscal | ||||||
12 | year,
the annual compensation amount made available to
local
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13 | governments under this Section, unexpended funds made | ||||||
14 | available for local
government
compensation in the previous | ||||||
15 | fiscal year, and funds recovered under
the Illinois Grant Funds | ||||||
16 | Recovery Act during previous fiscal years.
Notwithstanding any | ||||||
17 | other provision of this Act, the expenditure limitation for
| ||||||
18 | fiscal year 1998 shall include the additional $100,000 made | ||||||
19 | available to local
governments for fiscal year 1997 under this | ||||||
20 | amendatory Act of 1997. Any funds
within these expenditure | ||||||
21 | limitations,
including
the additional $100,000 made
available | ||||||
22 | for fiscal year 1997 under this amendatory Act of 1997,
that | ||||||
23 | remain unexpended at the close of
business on June 30, 1997, | ||||||
24 | and on June 30 of each
succeeding year,
shall be
excluded from | ||||||
25 | the calculations of credits under
subparagraph
(3) of this | ||||||
26 | Section. The
Agency shall, by rule, determine the method for |
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1 | compensating local
governments under this Section. The
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2 | appropriation shall not exceed $500,000 in any year preceding
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3 | fiscal year 1996; the appropriation shall not exceed $625,000 | ||||||
4 | in fiscal year
1996, $725,000 in fiscal year 1997, and $775,000 | ||||||
5 | in fiscal year 1998 and
thereafter. The fees shall consist of
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6 | the following:
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7 | (1)
A one-time charge of $590,000 per nuclear power station | ||||||
8 | in this State to
be paid by the owners of the stations.
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9 | (2)
An additional charge of $240,000 per nuclear power | ||||||
10 | station for which
a fee under subparagraph (1) was paid before | ||||||
11 | June 30, 1982.
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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
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22 | owners of nuclear power reactors in this State for
which | ||||||
23 | operating licenses have been issued by the NRC shall pay the
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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 |
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1 | fiscal year 1995, $1,060,000; for State
fiscal years 1996 and | ||||||
2 | 1997,
$1,110,000; for State fiscal year 1998, $1,314,000; for | ||||||
3 | State fiscal year
1999, $1,368,000; for State fiscal year 2000, | ||||||
4 | $1,404,000; for State fiscal year
2001, $1,696,455; for State | ||||||
5 | fiscal year 2002, $1,730,636; for State fiscal year
2003 | ||||||
6 | through State and subsequent fiscal year 2011 years , | ||||||
7 | $1,757,727 ; for State fiscal year 2012 and subsequent fiscal | ||||||
8 | years, $1,903,182 . Within 120
days
after the end of the State | ||||||
9 | fiscal year, the Agency shall determine,
from the records of | ||||||
10 | the Office of the Comptroller, the balance in the
Nuclear | ||||||
11 | Safety Emergency Preparedness Fund. When the balance in the | ||||||
12 | fund,
less any fees collected under this Section prior to their | ||||||
13 | being due and
payable for the succeeding fiscal year or years, | ||||||
14 | exceeds $400,000 at the
close of business on June 30, 1993, | ||||||
15 | 1994, 1995, 1996, 1997, and 1998,
or
exceeds $500,000 at the | ||||||
16 | close of business on June 30,
1999 and June 30 of
each | ||||||
17 | succeeding year,
the excess shall be credited to the owners of | ||||||
18 | nuclear power reactors who
are assessed fees under this | ||||||
19 | subparagraph. Credits shall be
applied
against the fees to be | ||||||
20 | collected under this subparagraph for the subsequent
fiscal | ||||||
21 | year. Each owner shall receive as a credit that amount of the
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22 | excess which corresponds proportionately to the amount the | ||||||
23 | owner
contributed to all fees collected under this subparagraph | ||||||
24 | in the fiscal
year that produced the excess.
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25 | (3.5) The owner of a nuclear power reactor that notifies | ||||||
26 | the Nuclear
Regulatory Commission that the nuclear power |
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1 | reactor has permanently ceased
operations during State fiscal | ||||||
2 | year 1998
shall pay the following fees for each such nuclear | ||||||
3 | power reactor: $1,368,000
for State fiscal year 1999 and | ||||||
4 | $1,404,000 for State fiscal year 2000.
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5 | (4)
A capital expenditure surcharge of $1,400,000 per | ||||||
6 | nuclear power
station in this State, whether operating or under | ||||||
7 | construction, shall be
paid by the owners of the station.
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8 | (5) An annual fee of $25,000 per year for each site for | ||||||
9 | which
a valid operating license has been issued by NRC for the | ||||||
10 | operation of an
away-from-reactor spent nuclear fuel or | ||||||
11 | high-level radioactive
waste storage facility, to be paid by | ||||||
12 | the owners
of facilities for the storage of spent nuclear fuel | ||||||
13 | or high-level
radioactive waste for others in this State.
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14 | (6) A one-time charge of $280,000 for each facility in this | ||||||
15 | State
housing a nuclear test and research reactor, to be paid | ||||||
16 | by the operator of
the facility. However, this charge shall not | ||||||
17 | be required to be paid by any
tax-supported institution.
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18 | (7) A one-time charge of $50,000 for each facility in this | ||||||
19 | State for
the chemical conversion of uranium, to be paid by the | ||||||
20 | owner of the facility.
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21 | (8) An annual fee of $150,000 per year for each facility in | ||||||
22 | this State
housing a nuclear test and research reactor, to be | ||||||
23 | paid by the operator of
the facility. However, this annual fee | ||||||
24 | shall not be required to be paid by any
tax-supported | ||||||
25 | institution.
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26 | (9) An annual fee of $15,000 per year for each facility in |
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1 | this State
for the chemical conversion of uranium, to be paid | ||||||
2 | by the owner of the
facility.
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3 | (10) A fee assessed at the rate of $2,500 per truck for
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4 | each truck shipment
and $4,500 for the first cask and $3,000 | ||||||
5 | for each additional cask for each rail
shipment of spent | ||||||
6 | nuclear fuel, high-level
radioactive waste, transuranic waste, | ||||||
7 | or a highway route controlled quantity of radioactive materials | ||||||
8 | received at or departing from any
nuclear power station
or | ||||||
9 | away-from-reactor spent nuclear fuel, high-level radioactive
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10 | waste, transuranic waste
storage facility, or other facility in | ||||||
11 | this State to be paid by the shipper of the spent nuclear
fuel, | ||||||
12 | high level radioactive waste,
transuranic waste, or highway | ||||||
13 | route controlled quantity of radioactive material.
Truck
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14 | shipments of greater than 250 miles in Illinois are subject to | ||||||
15 | a surcharge of
$25 per mile over 250 miles for each truck in | ||||||
16 | the shipment. The amount
of fees
collected each fiscal year | ||||||
17 | under this subparagraph shall be excluded from the
calculation | ||||||
18 | of credits under subparagraph (3) of this Section.
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19 | (11) A fee assessed at the rate of $2,500 per truck
for | ||||||
20 | each truck shipment
and $4,500 for the first cask and $3,000 | ||||||
21 | for each additional cask for each rail
shipment of spent | ||||||
22 | nuclear
fuel, high-level
radioactive waste, transuranic waste, | ||||||
23 | or a highway route controlled quantity of radioactive materials | ||||||
24 | traversing the State to be paid by
the shipper of the spent | ||||||
25 | nuclear fuel, high level radioactive waste,
transuranic waste, | ||||||
26 | or highway route controlled quantity of radioactive material. |
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1 | Truck shipments of greater than 250 miles in
Illinois are | ||||||
2 | subject to a surcharge of $25 per mile over 250 miles for each
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3 | truck in the shipment. The
amount of fees collected each fiscal | ||||||
4 | year under this
subparagraph shall be excluded from the | ||||||
5 | calculation of credits under
subparagraph (3) of this Section.
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6 | (12)
In each of the State fiscal years 1988 through 1991, | ||||||
7 | in addition
to the annual fee provided for in subparagraph (3), | ||||||
8 | a fee of $400,000 for
each nuclear power reactor for which an | ||||||
9 | operating license has been issued
by the NRC, to be paid by the | ||||||
10 | owners of nuclear power reactors operating in
this State. | ||||||
11 | Within 120 days after the end of the State fiscal years ending
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12 | June 30, 1988, June 30, 1989, June 30, 1990, and June 30, 1991, | ||||||
13 | the
Agency shall determine the expenses of the Illinois Nuclear
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14 | Safety Preparedness Program paid from funds appropriated for | ||||||
15 | those fiscal
years. When the aggregate of all fees, charges, | ||||||
16 | and surcharges collected
under this Section during any fiscal | ||||||
17 | year exceeds the total expenditures
under this Act from | ||||||
18 | appropriations for that fiscal year, the excess shall
be | ||||||
19 | credited to the owners of nuclear power reactors who are | ||||||
20 | assessed fees
under this subparagraph, and the credits shall be | ||||||
21 | applied against the fees
to be collected under this | ||||||
22 | subparagraph for the subsequent fiscal year.
Each owner shall | ||||||
23 | receive as a credit that amount of the excess that
corresponds | ||||||
24 | proportionately to the amount the owner contributed to all fees
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25 | collected under this subparagraph in the fiscal year that | ||||||
26 | produced the excess.
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1 | (Source: P.A. 92-576, eff. 6-26-02; 93-1029, eff. 8-25-04.)
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2 | (420 ILCS 5/5) (from Ch. 111 1/2, par. 4305)
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3 | Sec. 5. (a) Except as otherwise provided in this Section, | ||||||
4 | within 30 days
after the beginning of each State fiscal year, | ||||||
5 | each
person who possessed a valid operating license issued by | ||||||
6 | the NRC for a nuclear
power reactor or a spent fuel storage | ||||||
7 | facility during any portion of the
previous fiscal year shall | ||||||
8 | pay to the Agency the fees imposed by Section
4 of this Act. | ||||||
9 | The one-time facility charge assessed pursuant to subparagraph
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10 | (1) of Section 4 shall be paid to the Agency not less than 2 | ||||||
11 | years prior
to scheduled commencement of commercial operation. | ||||||
12 | The additional facility
charge assessed pursuant to | ||||||
13 | subparagraph (2) of Section 4 shall be paid
to the Department | ||||||
14 | within 90 days of June 30, 1982.
Fees assessed pursuant to | ||||||
15 | subparagraph (3) of Section 4 for State fiscal
year 1992 shall | ||||||
16 | be payable as follows: $400,000 due on August 1, 1991, and
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17 | $525,000 due on January 1, 1992. Fees assessed pursuant to | ||||||
18 | subparagraph
(3) of Section 4 for State fiscal years year 1993 | ||||||
19 | through 2011 and subsequent fiscal years
shall be due and | ||||||
20 | payable in two equal payments on July 1 and January 1
during | ||||||
21 | the fiscal year in which the fee is due. For State fiscal year | ||||||
22 | 2012 and subsequent fiscal years, fees shall be due and payable | ||||||
23 | in 4 equal payments on July 1, October 1, January 1, and April | ||||||
24 | 1 during the fiscal year in which the fee is due.
Fees assessed | ||||||
25 | pursuant to subparagraph (4) of Section 4 shall be paid in
six |
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1 | payments, the first, in the amount of $400,000, shall be due | ||||||
2 | and
payable 30 days after the effective date of this Amendatory | ||||||
3 | Act of 1984.
Subsequent payments shall be in the amount of | ||||||
4 | $200,000 each, and shall be
due and payable annually on August | ||||||
5 | 1, 1985 through August 1, 1989, inclusive.
Fees assessed under | ||||||
6 | the provisions of subparagraphs (6) and (7) of
Section 4 of | ||||||
7 | this Act shall be paid on or before January 1, 1990. Fees
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8 | assessed under the provisions of subparagraphs (8) and (9) of | ||||||
9 | Section 4 of
this Act shall be paid on or before January 1st of | ||||||
10 | each year, beginning
January 1, 1990. Fees assessed under the | ||||||
11 | provisions of subparagraphs (10) and
(11) of Section 4 of this | ||||||
12 | Act shall be paid to the Agency within 60 days
after
completion | ||||||
13 | of such shipments within this State. Fees assessed pursuant to
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14 | subparagraph (12) of Section 4 shall be paid to the Agency by | ||||||
15 | each
person who possessed a valid operating license issued by | ||||||
16 | the NRC for a
nuclear power reactor during any portion of the | ||||||
17 | previous State fiscal year
as follows: the fee due in fiscal | ||||||
18 | year 1988 shall be paid on January 15,
1988, the fee due in | ||||||
19 | fiscal year 1989 shall be paid on December 1, 1988,
and | ||||||
20 | subsequent fees shall be paid annually on December 1, 1989 | ||||||
21 | through
December 1, 1990.
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22 | (b) Fees assessed pursuant to paragraph (3.5) of Section 4 | ||||||
23 | for State
fiscal years 1999 and 2000 shall be due and payable | ||||||
24 | in 2 equal payments on
July 1 and January 1 during the fiscal | ||||||
25 | year in which the fee is due.
The fee due on July 1, 1998 shall | ||||||
26 | be
payable on that date, or within 10 days after the effective |
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1 | date of this
amendatory Act of 1998, whichever is later.
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2 | (c) Any person who fails to pay a fee assessed under | ||||||
3 | Section 4 of this Act
within
90
days after the fee is payable | ||||||
4 | is liable in a civil action for an amount
not to exceed 4 times | ||||||
5 | the amount assessed and not paid. The action shall be
brought | ||||||
6 | by the Attorney General at the request of the Agency. If the | ||||||
7 | action
involves a fixed facility in Illinois, the action shall | ||||||
8 | be brought in the
Circuit Court of the county in which the | ||||||
9 | facility is located. If the action
does not involve a fixed | ||||||
10 | facility in Illinois, the action shall be brought in
the | ||||||
11 | Circuit Court of Sangamon County.
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12 | (Source: P.A. 93-1029, eff. 8-25-04.)
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13 | (420 ILCS 5/8.5 new) | ||||||
14 | Sec. 8.5. Remote monitoring system upgrades and equipment | ||||||
15 | replacement. | ||||||
16 | (a) Each nuclear power reactor for which an operating | ||||||
17 | license has been issued by the NRC shall be subject to the fees | ||||||
18 | described in this Section, which shall be paid by the owner or | ||||||
19 | owners of each reactor into the Nuclear Safety Emergency | ||||||
20 | Preparedness Fund. The fees in this Section shall be used | ||||||
21 | solely for the purposes set forth in this Section and cannot be | ||||||
22 | transferred for other purposes. | ||||||
23 | (1) Within 14 days after the Agency notifies each owner | ||||||
24 | subject to the fee requirements of this Section that the | ||||||
25 | Agency has entered into one or more contracts with a third |
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1 | party for purposes of upgrading the remote monitoring | ||||||
2 | system software and that such work will commence within 30 | ||||||
3 | days, the owner or owners shall make a payment of $19,697 | ||||||
4 | for each reactor owned. Thereafter, for each such reactor, | ||||||
5 | the owner or owners shall submit 11 quarterly payments of | ||||||
6 | $19,697. The Agency shall use the fees collected in this | ||||||
7 | subsection for purposes of upgrading remote monitoring | ||||||
8 | system software and to acquire, replace, or upgrade | ||||||
9 | equipment related to such monitoring, including, but not | ||||||
10 | limited to, generators and transfer switches, air | ||||||
11 | compressors, detection equipment, data loggers, and solar | ||||||
12 | panels. | ||||||
13 | (2) Within 90 days after the effective date of this | ||||||
14 | amendatory Act of the 97th General Assembly, the owner or | ||||||
15 | owners subject to the fee requirements of this Section | ||||||
16 | shall make a payment of $7,575 for each reactor owned for | ||||||
17 | the purposes of acquiring, replacing, and upgrading | ||||||
18 | equipment, including, but not limited to, dosimeters, | ||||||
19 | safety and command vehicles, liquid scintillation | ||||||
20 | analyzers, an alpha spectrometry system, and compositors. | ||||||
21 | Thereafter, for each such reactor, the owner or owners | ||||||
22 | shall submit 11 quarterly payments of $7,575. | ||||||
23 | (b) This Section is repealed on January 1, 2015.
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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