Sen. David Koehler

Filed: 5/31/2011

 

 


 

 


 
09700HB1723sam001LRB097 07139 JDS 56641 a

1
AMENDMENT TO HOUSE BILL 1723

2    AMENDMENT NO. ______. Amend House Bill 1723 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Nuclear Safety Preparedness Act is
5amended by changing Sections 4 and 5 and by adding Section 8.5
6as follows:
 
7    (420 ILCS 5/4)  (from Ch. 111 1/2, par. 4304)
8    Sec. 4. Nuclear accident plans; fees. Persons engaged
9within this State in the production of electricity utilizing
10nuclear energy, the operation of nuclear test and research
11reactors, the chemical conversion of uranium, or the
12transportation, storage or possession of spent nuclear fuel or
13high-level radioactive waste shall pay fees to cover the cost
14of establishing plans and programs to deal with the possibility
15of nuclear accidents. Except as provided below, the fees shall
16be used exclusively to fund those Agency and local government

 

 

09700HB1723sam001- 2 -LRB097 07139 JDS 56641 a

1activities defined as necessary by the Director to implement
2and maintain the plans and programs authorized by this Act.
3Local governments incurring expenses attributable to
4implementation and maintenance of the plans and programs
5authorized by this Act may apply to the Agency for compensation
6for those expenses, and upon approval by the Director of
7applications submitted by local governments, the Agency shall
8compensate local governments from fees collected under this
9Section. Compensation for local governments shall include
10$250,000 in any year through fiscal year 1993, $275,000 in
11fiscal year 1994 and fiscal year 1995, $300,000 in fiscal year
121996, $400,000 in fiscal year 1997, and $450,000 in fiscal year
131998 and thereafter. Appropriations to the Department of
14Nuclear Safety (of which the Agency is the successor) for
15compensation to local governments from the Nuclear Safety
16Emergency Preparedness Fund provided for in this Section shall
17not exceed $650,000 per State fiscal year. Expenditures from
18these appropriations shall not exceed, in a single State fiscal
19year, the annual compensation amount made available to local
20governments under this Section, unexpended funds made
21available for local government compensation in the previous
22fiscal year, and funds recovered under the Illinois Grant Funds
23Recovery Act during previous fiscal years. Notwithstanding any
24other provision of this Act, the expenditure limitation for
25fiscal year 1998 shall include the additional $100,000 made
26available to local governments for fiscal year 1997 under this

 

 

09700HB1723sam001- 3 -LRB097 07139 JDS 56641 a

1amendatory Act of 1997. Any funds within these expenditure
2limitations, including the additional $100,000 made available
3for fiscal year 1997 under this amendatory Act of 1997, that
4remain unexpended at the close of business on June 30, 1997,
5and on June 30 of each succeeding year, shall be excluded from
6the calculations of credits under subparagraph (3) of this
7Section. The Agency shall, by rule, determine the method for
8compensating local governments under this Section. The
9appropriation shall not exceed $500,000 in any year preceding
10fiscal year 1996; the appropriation shall not exceed $625,000
11in fiscal year 1996, $725,000 in fiscal year 1997, and $775,000
12in fiscal year 1998 and thereafter. The fees shall consist of
13the following:
14    (1) A one-time charge of $590,000 per nuclear power station
15in this State to be paid by the owners of the stations.
16    (2) An additional charge of $240,000 per nuclear power
17station for which a fee under subparagraph (1) was paid before
18June 30, 1982.
19    (3) Through June 30, 1982, an annual fee of $75,000 per
20year for each nuclear power reactor for which an operating
21license has been issued by the NRC, and after June 30, 1982,
22and through June 30, 1984 an annual fee of $180,000 per year
23for each nuclear power reactor for which an operating license
24has been issued by the NRC, and after June 30, 1984, and
25through June 30, 1991, an annual fee of $400,000 for each
26nuclear power reactor for which an operating license has been

 

 

09700HB1723sam001- 4 -LRB097 07139 JDS 56641 a

1issued by the NRC, to be paid by the owners of nuclear power
2reactors operating in this State. After June 30, 1991, the
3owners of nuclear power reactors in this State for which
4operating licenses have been issued by the NRC shall pay the
5following fees for each such nuclear power reactor: for State
6fiscal year 1992, $925,000; for State fiscal year 1993,
7$975,000; for State fiscal year 1994; $1,010,000; for State
8fiscal year 1995, $1,060,000; for State fiscal years 1996 and
91997, $1,110,000; for State fiscal year 1998, $1,314,000; for
10State fiscal year 1999, $1,368,000; for State fiscal year 2000,
11$1,404,000; for State fiscal year 2001, $1,696,455; for State
12fiscal year 2002, $1,730,636; for State fiscal year 2003
13through State and subsequent fiscal year 2011 years,
14$1,757,727; for State fiscal year 2012 and subsequent fiscal
15years, $1,903,182. Within 120 days after the end of the State
16fiscal year, the Agency shall determine, from the records of
17the Office of the Comptroller, the balance in the Nuclear
18Safety Emergency Preparedness Fund. When the balance in the
19fund, less any fees collected under this Section prior to their
20being due and payable for the succeeding fiscal year or years,
21exceeds $400,000 at the close of business on June 30, 1993,
221994, 1995, 1996, 1997, and 1998, or exceeds $500,000 at the
23close of business on June 30, 1999 and June 30 of each
24succeeding year, the excess shall be credited to the owners of
25nuclear power reactors who are assessed fees under this
26subparagraph. Credits shall be applied against the fees to be

 

 

09700HB1723sam001- 5 -LRB097 07139 JDS 56641 a

1collected under this subparagraph for the subsequent fiscal
2year. Each owner shall receive as a credit that amount of the
3excess which corresponds proportionately to the amount the
4owner contributed to all fees collected under this subparagraph
5in the fiscal year that produced the excess.
6    (3.5) The owner of a nuclear power reactor that notifies
7the Nuclear Regulatory Commission that the nuclear power
8reactor has permanently ceased operations during State fiscal
9year 1998 shall pay the following fees for each such nuclear
10power reactor: $1,368,000 for State fiscal year 1999 and
11$1,404,000 for State fiscal year 2000.
12    (4) A capital expenditure surcharge of $1,400,000 per
13nuclear power station in this State, whether operating or under
14construction, shall be paid by the owners of the station.
15    (5) An annual fee of $25,000 per year for each site for
16which a valid operating license has been issued by NRC for the
17operation of an away-from-reactor spent nuclear fuel or
18high-level radioactive waste storage facility, to be paid by
19the owners of facilities for the storage of spent nuclear fuel
20or high-level radioactive waste for others in this State.
21    (6) A one-time charge of $280,000 for each facility in this
22State housing a nuclear test and research reactor, to be paid
23by the operator of the facility. However, this charge shall not
24be required to be paid by any tax-supported institution.
25    (7) A one-time charge of $50,000 for each facility in this
26State for the chemical conversion of uranium, to be paid by the

 

 

09700HB1723sam001- 6 -LRB097 07139 JDS 56641 a

1owner of the facility.
2    (8) An annual fee of $150,000 per year for each facility in
3this State housing a nuclear test and research reactor, to be
4paid by the operator of the facility. However, this annual fee
5shall not be required to be paid by any tax-supported
6institution.
7    (9) An annual fee of $15,000 per year for each facility in
8this State for the chemical conversion of uranium, to be paid
9by the owner of the facility.
10    (10) A fee assessed at the rate of $2,500 per truck for
11each truck shipment and $4,500 for the first cask and $3,000
12for each additional cask for each rail shipment of spent
13nuclear fuel, high-level radioactive waste, transuranic waste,
14or a highway route controlled quantity of radioactive materials
15received at or departing from any nuclear power station or
16away-from-reactor spent nuclear fuel, high-level radioactive
17waste, transuranic waste storage facility, or other facility in
18this State to be paid by the shipper of the spent nuclear fuel,
19high level radioactive waste, transuranic waste, or highway
20route controlled quantity of radioactive material. Truck
21shipments of greater than 250 miles in Illinois are subject to
22a surcharge of $25 per mile over 250 miles for each truck in
23the shipment. The amount of fees collected each fiscal year
24under this subparagraph shall be excluded from the calculation
25of credits under subparagraph (3) of this Section.
26    (11) A fee assessed at the rate of $2,500 per truck for

 

 

09700HB1723sam001- 7 -LRB097 07139 JDS 56641 a

1each truck shipment and $4,500 for the first cask and $3,000
2for each additional cask for each rail shipment of spent
3nuclear fuel, high-level radioactive waste, transuranic waste,
4or a highway route controlled quantity of radioactive materials
5traversing the State to be paid by the shipper of the spent
6nuclear fuel, high level radioactive waste, transuranic waste,
7or highway route controlled quantity of radioactive material.
8Truck shipments of greater than 250 miles in Illinois are
9subject to a surcharge of $25 per mile over 250 miles for each
10truck in the shipment. The amount of fees collected each fiscal
11year under this subparagraph shall be excluded from the
12calculation of credits under subparagraph (3) of this Section.
13    (12) In each of the State fiscal years 1988 through 1991,
14in addition to the annual fee provided for in subparagraph (3),
15a fee of $400,000 for each nuclear power reactor for which an
16operating license has been issued by the NRC, to be paid by the
17owners of nuclear power reactors operating in this State.
18Within 120 days after the end of the State fiscal years ending
19June 30, 1988, June 30, 1989, June 30, 1990, and June 30, 1991,
20the Agency shall determine the expenses of the Illinois Nuclear
21Safety Preparedness Program paid from funds appropriated for
22those fiscal years. When the aggregate of all fees, charges,
23and surcharges collected under this Section during any fiscal
24year exceeds the total expenditures under this Act from
25appropriations for that fiscal year, the excess shall be
26credited to the owners of nuclear power reactors who are

 

 

09700HB1723sam001- 8 -LRB097 07139 JDS 56641 a

1assessed fees under this subparagraph, and the credits shall be
2applied against the fees to be collected under this
3subparagraph for the subsequent fiscal year. Each owner shall
4receive as a credit that amount of the excess that corresponds
5proportionately to the amount the owner contributed to all fees
6collected under this subparagraph in the fiscal year that
7produced the excess.
8(Source: P.A. 92-576, eff. 6-26-02; 93-1029, eff. 8-25-04.)
 
9    (420 ILCS 5/5)  (from Ch. 111 1/2, par. 4305)
10    Sec. 5. (a) Except as otherwise provided in this Section,
11within 30 days after the beginning of each State fiscal year,
12each person who possessed a valid operating license issued by
13the NRC for a nuclear power reactor or a spent fuel storage
14facility during any portion of the previous fiscal year shall
15pay to the Agency the fees imposed by Section 4 of this Act.
16The one-time facility charge assessed pursuant to subparagraph
17(1) of Section 4 shall be paid to the Agency not less than 2
18years prior to scheduled commencement of commercial operation.
19The additional facility charge assessed pursuant to
20subparagraph (2) of Section 4 shall be paid to the Department
21within 90 days of June 30, 1982. Fees assessed pursuant to
22subparagraph (3) of Section 4 for State fiscal year 1992 shall
23be payable as follows: $400,000 due on August 1, 1991, and
24$525,000 due on January 1, 1992. Fees assessed pursuant to
25subparagraph (3) of Section 4 for State fiscal years year 1993

 

 

09700HB1723sam001- 9 -LRB097 07139 JDS 56641 a

1through 2011 and subsequent fiscal years shall be due and
2payable in two equal payments on July 1 and January 1 during
3the fiscal year in which the fee is due. For State fiscal year
42012 and subsequent fiscal years, fees shall be due and payable
5in 4 equal payments on July 1, October 1, January 1, and April
61 during the fiscal year in which the fee is due. Fees assessed
7pursuant to subparagraph (4) of Section 4 shall be paid in six
8payments, the first, in the amount of $400,000, shall be due
9and payable 30 days after the effective date of this Amendatory
10Act of 1984. Subsequent payments shall be in the amount of
11$200,000 each, and shall be due and payable annually on August
121, 1985 through August 1, 1989, inclusive. Fees assessed under
13the provisions of subparagraphs (6) and (7) of Section 4 of
14this Act shall be paid on or before January 1, 1990. Fees
15assessed under the provisions of subparagraphs (8) and (9) of
16Section 4 of this Act shall be paid on or before January 1st of
17each year, beginning January 1, 1990. Fees assessed under the
18provisions of subparagraphs (10) and (11) of Section 4 of this
19Act shall be paid to the Agency within 60 days after completion
20of such shipments within this State. Fees assessed pursuant to
21subparagraph (12) of Section 4 shall be paid to the Agency by
22each person who possessed a valid operating license issued by
23the NRC for a nuclear power reactor during any portion of the
24previous State fiscal year as follows: the fee due in fiscal
25year 1988 shall be paid on January 15, 1988, the fee due in
26fiscal year 1989 shall be paid on December 1, 1988, and

 

 

09700HB1723sam001- 10 -LRB097 07139 JDS 56641 a

1subsequent fees shall be paid annually on December 1, 1989
2through December 1, 1990.
3    (b) Fees assessed pursuant to paragraph (3.5) of Section 4
4for State fiscal years 1999 and 2000 shall be due and payable
5in 2 equal payments on July 1 and January 1 during the fiscal
6year in which the fee is due. The fee due on July 1, 1998 shall
7be payable on that date, or within 10 days after the effective
8date of this amendatory Act of 1998, whichever is later.
9    (c) Any person who fails to pay a fee assessed under
10Section 4 of this Act within 90 days after the fee is payable
11is liable in a civil action for an amount not to exceed 4 times
12the amount assessed and not paid. The action shall be brought
13by the Attorney General at the request of the Agency. If the
14action involves a fixed facility in Illinois, the action shall
15be brought in the Circuit Court of the county in which the
16facility is located. If the action does not involve a fixed
17facility in Illinois, the action shall be brought in the
18Circuit Court of Sangamon County.
19(Source: P.A. 93-1029, eff. 8-25-04.)
 
20    (420 ILCS 5/8.5 new)
21    Sec. 8.5. Remote monitoring system upgrades and equipment
22replacement.
23    (a) Each nuclear power reactor for which an operating
24license has been issued by the NRC shall be subject to the fees
25described in this Section, which shall be paid by the owner or

 

 

09700HB1723sam001- 11 -LRB097 07139 JDS 56641 a

1owners of each reactor into the Nuclear Safety Emergency
2Preparedness Fund. The fees in this Section shall be used
3solely for the purposes set forth in this Section and cannot be
4transferred for other purposes.
5        (1) Within 14 days after the Agency notifies each owner
6    subject to the fee requirements of this Section that the
7    Agency has entered into one or more contracts with a third
8    party for purposes of upgrading the remote monitoring
9    system software and that such work will commence within 30
10    days, the owner or owners shall make a payment of $19,697
11    for each reactor owned. Thereafter, for each such reactor,
12    the owner or owners shall submit 11 quarterly payments of
13    $19,697. The Agency shall use the fees collected in this
14    subsection for purposes of upgrading remote monitoring
15    system software and to acquire, replace, or upgrade
16    equipment related to such monitoring, including, but not
17    limited to, generators and transfer switches, air
18    compressors, detection equipment, data loggers, and solar
19    panels.
20        (2) Within 90 days after the effective date of this
21    amendatory Act of the 97th General Assembly, the owner or
22    owners subject to the fee requirements of this Section
23    shall make a payment of $7,575 for each reactor owned for
24    the purposes of acquiring, replacing, and upgrading
25    equipment, including, but not limited to, dosimeters,
26    safety and command vehicles, liquid scintillation

 

 

09700HB1723sam001- 12 -LRB097 07139 JDS 56641 a

1    analyzers, an alpha spectrometry system, and compositors.
2    Thereafter, for each such reactor, the owner or owners
3    shall submit 11 quarterly payments of $7,575.
4    (b) This Section is repealed on January 1, 2015.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".