093_SB0234

 
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 1        AN ACT concerning environmental 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 Section 4 as follows:

 6        (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
 7        Sec. 4. Nuclear accident  plans;  fees.  Persons  engaged
 8    within  this State in the production of electricity utilizing
 9    nuclear energy, the operation of nuclear  test  and  research
10    reactors,   the   chemical  conversion  of  uranium,  or  the
11    transportation, storage or possession of spent  nuclear  fuel
12    or  high-level  radioactive waste shall pay fees to cover the
13    cost of establishing plans and  programs  to  deal  with  the
14    possibility  of nuclear accidents.  Except as provided below,
15    the fees shall be used exclusively to fund those Departmental
16    and local government activities defined as necessary  by  the
17    Director  to  implement  and  maintain the plans and programs
18    authorized by this Act.  Local governments incurring expenses
19    attributable to implementation and maintenance of  the  plans
20    and  programs  authorized  by  this  Act  may  apply  to  the
21    Department  for  compensation  for  those  expenses, and upon
22    approval by the Director of applications submitted  by  local
23    governments,    the   Department   shall   compensate   local
24    governments  from  fees   collected   under   this   Section.
25    Compensation  for local governments shall include $250,000 in
26    any year through fiscal year 1993, $275,000  in  fiscal  year
27    1994  and  fiscal  year  1995,  $300,000 in fiscal year 1996,
28    $400,000 in fiscal year 1997, and  $450,000  in  fiscal  year
29    1998  and  thereafter.  Appropriations  to  the Department of
30    Nuclear Safety for compensation to local governments from the
31    Nuclear Safety Emergency Preparedness Fund  provided  for  in
 
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 1    this Section shall not exceed $650,000 per State fiscal year.
 2    Expenditures from these appropriations shall not exceed, in a
 3    single State fiscal year, the annual compensation amount made
 4    available to local governments under this Section, unexpended
 5    funds made available for local government compensation in the
 6    previous  fiscal year, and funds recovered under the Illinois
 7    Grant  Funds  Recovery  Act  during  previous  fiscal  years.
 8    Notwithstanding  any  other  provision  of  this   Act,   the
 9    expenditure limitation for fiscal year 1998 shall include the
10    additional  $100,000  made available to local governments for
11    fiscal year 1997 under this  amendatory  Act  of  1997.   Any
12    funds  within  these  expenditure  limitations, including the
13    additional $100,000 made available for fiscal year 1997 under
14    this amendatory Act of 1997, that remain  unexpended  at  the
15    close  of  business  on June 30, 1997, and on June 30 of each
16    succeeding year, shall be excluded from the  calculations  of
17    credits   under   subparagraph  (3)  of  this  Section.   The
18    Department  shall,  by  rule,  determine   the   method   for
19    compensating   local   governments  under  this  Section.  In
20    addition, a portion of the fees collected may be appropriated
21    to the Illinois Emergency Management  Agency  for  activities
22    associated with preparing and implementing plans to deal with
23    the effects of nuclear accidents. The appropriation shall not
24    exceed  $500,000  in any year preceding fiscal year 1996; the
25    appropriation shall not exceed $625,000 in fiscal year  1996,
26    $725,000  in  fiscal  year  1997, and $775,000 in fiscal year
27    1998 and thereafter. The fees shall consist of the following:
28        (1)  A one-time charge  of  $590,000  per  nuclear  power
29    station  in  this  State  to  be  paid  by  the owners of the
30    stations.
31        (2)  An additional charge of $240,000 per  nuclear  power
32    station  for  which  a  fee  under  subparagraph (1) was paid
33    before June 30, 1982.
34        (3)  Through June 30, 1982, an annual fee of $75,000  per
 
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 1    year  for  each  nuclear power reactor for which an operating
 2    license has been issued by the NRC, and after June 30,  1982,
 3    and  through June 30, 1984 an annual fee of $180,000 per year
 4    for each nuclear power reactor for which an operating license
 5    has been issued by the NRC, and  after  June  30,  1984,  and
 6    through  June  30,  1991,  an annual fee of $400,000 for each
 7    nuclear power reactor for which an operating license has been
 8    issued by the NRC, to be paid by the owners of nuclear  power
 9    reactors  operating  in  this State. After June 30, 1991, the
10    owners of nuclear power reactors  in  this  State  for  which
11    operating  licenses have been issued by the NRC shall pay the
12    following fees for each such nuclear power reactor: for State
13    fiscal year 1992,  $925,000;  for  State  fiscal  year  1993,
14    $975,000;  for  State fiscal year 1994; $1,010,000; for State
15    fiscal year 1995, $1,060,000; for State fiscal years 1996 and
16    1997, $1,110,000; for State fiscal year 1998, $1,314,000; for
17    State fiscal year 1999, $1,368,000;  for  State  fiscal  year
18    2000, $1,404,000; for State fiscal year 2001, $1,696,455; for
19    State  fiscal  year  2002,  $1,730,636; for State fiscal year
20    2003 and subsequent fiscal years, $1,757,727. Within 120 days
21    after the end of the State fiscal year, the Department  shall
22    determine, from the records of the Office of the Comptroller,
23    the  balance  in  the  Nuclear  Safety Emergency Preparedness
24    Fund.  When the balance in the fund, less any fees  collected
25    under  this  Section prior to their being due and payable for
26    the succeeding fiscal year or years, exceeds $400,000 at  the
27    close  of  business on June 30, 1993, 1994, 1995, 1996, 1997,
28    and 1998, or exceeds $500,000 at the  close  of  business  on
29    June 30, 1999 and June 30 of each succeeding year, the excess
30    shall be credited to the owners of nuclear power reactors who
31    are  assessed  fees under this subparagraph. Credits shall be
32    applied  against  the  fees  to  be  collected   under   this
33    subparagraph  for  the  subsequent  fiscal  year.  Each owner
34    shall receive as a credit that amount  of  the  excess  which
 
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 1    corresponds   proportionately   to   the   amount  the  owner
 2    contributed to all fees collected under this subparagraph  in
 3    the fiscal year that produced the excess.
 4        (3.5)  The owner of a nuclear power reactor that notifies
 5    the  Nuclear  Regulatory  Commission  that  the nuclear power
 6    reactor has permanently ceased operations during State fiscal
 7    year 1998 shall pay the following fees for each such  nuclear
 8    power  reactor:  $1,368,000  for  State  fiscal year 1999 and
 9    $1,404,000 for State fiscal year 2000.
10        (4)  A capital expenditure surcharge  of  $1,400,000  per
11    nuclear  power  station  in  this State, whether operating or
12    under construction, shall  be  paid  by  the  owners  of  the
13    station.
14        (5)  An  annual fee of $25,000 per year for each site for
15    which a valid operating license has been issued  by  NRC  for
16    the  operation  of an away-from-reactor spent nuclear fuel or
17    high-level radioactive waste storage facility, to be paid  by
18    the  owners  of  facilities  for the storage of spent nuclear
19    fuel or high-level  radioactive  waste  for  others  in  this
20    State.
21        (6)  A  one-time  charge of $280,000 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  charge
24    shall  not  be  required  to  be  paid  by  any tax-supported
25    institution.
26        (7)  A one-time charge of $50,000 for  each  facility  in
27    this State for the chemical conversion of uranium, to be paid
28    by the owner of the facility.
29        (8)  An annual fee of $150,000 per year for each facility
30    in this State housing a nuclear test and research reactor, to
31    be  paid  by  the  operator  of  the facility.  However, this
32    annual  fee  shall  not  be  required  to  be  paid  by   any
33    tax-supported institution.
34        (9)  An  annual fee of $15,000 per year for each facility
 
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 1    in this State for the chemical conversion of uranium,  to  be
 2    paid by the owner of the facility.
 3        (10)  A  fee assessed at the rate of $2,500 per truck for
 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,  or  transuranic
 7    waste received at or departing from any nuclear power station
 8    or   away-from-reactor   spent   nuclear   fuel,   high-level
 9    radioactive  waste,  or transuranic waste storage facility in
10    this State to be paid by the shipper  of  the  spent  nuclear
11    fuel,  high  level  radioactive  waste, or transuranic waste.
12    Truck shipments of greater than 250  miles  in  Illinois  are
13    subject  to  a  surcharge  of $25 per mile over 250 miles for
14    each truck in the shipment.  The  amount  of  fees  collected
15    each  fiscal  year  under this subparagraph shall be excluded
16    from the calculation of credits  under  subparagraph  (3)  of
17    this Section.
18        (11)  A  fee  assessed  at  the rate of $3,500 $2,500 per
19    truck for each truck shipment and $5,500 $4,500 for the first
20    cask and $4,000 $3,000 for each additional cask for each rail
21    shipment of spent nuclear fuel, high-level radioactive waste,
22    or transuranic waste traversing the State to be paid  by  the
23    shipper  of  the  spent  nuclear fuel, high level radioactive
24    waste, or transuranic waste. Truck shipments of greater  than
25    250  miles  in Illinois are subject to a surcharge of $50 $25
26    per mile over 250 miles for each truck in the shipment.   The
27    amount   of  fees  collected  each  fiscal  year  under  this
28    subparagraph  shall  be  excluded  from  the  calculation  of
29    credits under subparagraph (3) of this Section.
30        (12)  In each of the  State  fiscal  years  1988  through
31    1991,   in  addition  to  the  annual  fee  provided  for  in
32    subparagraph (3), a fee of $400,000 for  each  nuclear  power
33    reactor for which an operating license has been issued by the
34    NRC,  to  be  paid  by  the  owners of nuclear power reactors
 
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 1    operating in this State.  Within 120 days after  the  end  of
 2    the  State  fiscal years ending June 30, 1988, June 30, 1989,
 3    June 30, 1990,  and  June  30,  1991,  the  Department  shall
 4    determine   the  expenses  of  the  Illinois  Nuclear  Safety
 5    Preparedness Program paid from funds appropriated  for  those
 6    fiscal  years.   When the aggregate of all fees, charges, and
 7    surcharges collected under this  Section  during  any  fiscal
 8    year  exceeds  the  total  expenditures  under  this Act from
 9    appropriations for that fiscal  year,  the  excess  shall  be
10    credited  to  the  owners  of  nuclear power reactors who are
11    assessed fees under this subparagraph, and the credits  shall
12    be  applied  against  the  fees  to  be  collected under this
13    subparagraph for the subsequent fiscal year. Each owner shall
14    receive  as  a  credit  that  amount  of  the   excess   that
15    corresponds   proportionately   to   the   amount  the  owner
16    contributed to all fees collected under this subparagraph  in
17    the fiscal year that produced the excess.
18    (Source:  P.A.  91-47,  eff.  6-30-99;  91-857, eff. 6-22-00;
19    92-576, eff. 6-26-02.)