Full Text of SB2641 94th General Assembly
SB2641 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2641
Introduced 1/20/2006, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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420 ILCS 35/0.5 new |
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420 ILCS 35/1 |
from Ch. 111 1/2, par. 230.1 |
420 ILCS 35/2 |
from Ch. 111 1/2, par. 230.2 |
420 ILCS 35/3 |
from Ch. 111 1/2, par. 230.3 |
420 ILCS 35/4 |
from Ch. 111 1/2, par. 230.4 |
420 ILCS 35/5 |
from Ch. 111 1/2, par. 230.5 |
420 ILCS 35/6 |
from Ch. 111 1/2, par. 230.6 |
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Amends the Radioactive Waste Storage Act to reflect the Illinois Emergency Management Agency's assumption of duties assigned to the Agency's predecessor, the Department of Nuclear Safety. Effective immediately.
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A BILL FOR
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SB2641 |
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LRB094 14568 RSP 49511 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Radioactive Waste Storage Act is amended by | 5 |
| adding Section
0.5 and by changing Sections 1, 2, 3, 4, 5, and | 6 |
| 6 as follows:
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| (420 ILCS 35/0.5 new)
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| Sec. 0.5. Definitions. In this Act:
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| "Agency" means the Illinois Emergency Management Agency.
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| "Director" means the Director of the Agency.
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| (420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)
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| Sec. 1. The Director of Nuclear Safety is authorized to
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| acquire by
private purchase, acceptance, or by condemnation in | 14 |
| the manner provided
for the exercise of the power of eminent | 15 |
| domain under Article VII of the Code
of Civil Procedure, any | 16 |
| and all lands, buildings and grounds where radioactive
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| by-products and wastes produced by industrial, medical, | 18 |
| agricultural,
scientific or other organizations can be | 19 |
| concentrated, stored or
otherwise disposed in a manner | 20 |
| consistent with the public health and
safety.
Whenever, in the | 21 |
| judgment of the Director of Nuclear Safety ,
it is
necessary to | 22 |
| relocate existing facilities for the construction, operation,
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| closure or long-term care of a facility for the safe and secure | 24 |
| disposal of
low-level radioactive waste, the cost of relocating | 25 |
| such existing
facilities may be deemed a part of the disposal | 26 |
| facility land acquisition
and the Agency
Department of Nuclear | 27 |
| Safety may, on behalf of the
State, pay such
costs. Existing | 28 |
| facilities include public utilities, commercial or
industrial | 29 |
| facilities, residential buildings, and such other public or
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| privately owned buildings as the Director of Nuclear Safety
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| deems necessary
for relocation. The Agency
Department of |
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SB2641 |
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LRB094 14568 RSP 49511 b |
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| Nuclear Safety is authorized
to
operate
a relocation program, | 2 |
| and to pay such costs of relocation as are provided
in the | 3 |
| federal "Uniform Relocation Assistance and Real Property | 4 |
| Acquisition
Policies Act", Public Law 91-646. The Director of | 5 |
| Nuclear
Safety is
authorized to exceed the maximum payments | 6 |
| provided pursuant to the federal
"Uniform Relocation | 7 |
| Assistance and Real Property Acquisition Policies Act"
2f | 8 |
| necessary to assure the provision of decent, safe, and sanitary | 9 |
| housing,
or to secure a suitable alternate location. Payments | 10 |
| issued under this
Section shall be made from the Low-level | 11 |
| Radioactive Waste Facility
Development and Operation Fund | 12 |
| established by the Illinois Low-Level
Radioactive Waste | 13 |
| Management Act.
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| (Source: P.A. 85-1407.)
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| (420 ILCS 35/2) (from Ch. 111 1/2, par. 230.2)
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| Sec. 2. The Director of Nuclear Safety may accept, receive,
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| and
receipt for moneys or lands, buildings and grounds for and | 18 |
| in behalf of
the State, given by the Federal Government under | 19 |
| any federal law to the
State or by any other public or private | 20 |
| agency, for the acquisition or
operation of a site or sites for | 21 |
| the concentration and storage of
radioactive wastes. Such funds | 22 |
| received by the Director pursuant
to this
Section shall be | 23 |
| deposited with the State Treasurer and held and
disbursed by | 24 |
| him in accordance with "An Act in relation to the receipt,
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| custody, and disbursement of money allotted by the United | 26 |
| States of
America or any agency thereof for use in this State", | 27 |
| approved July 3,
1939, as amended. Provided that such moneys or | 28 |
| lands, buildings and
grounds shall be used only for the | 29 |
| purposes for which they are
contributed.
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| (Source: P.A. 81-1516.)
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| (420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3)
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| Sec. 3. The Director of Nuclear Safety may lease such
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| lands, buildings
and grounds as it may acquire under the | 34 |
| provisions of this Act to a
private firm or firms for the |
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SB2641 |
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LRB094 14568 RSP 49511 b |
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| purpose of operating a site or sites for
the concentration and | 2 |
| storage of radioactive wastes or for such other
purpose not | 3 |
| contrary to the public interests.
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| (Source: P.A. 81-1516.)
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| (420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4)
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| Sec. 4. The operation of any and all sites acquired for the
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| concentration and storage of radioactive wastes shall be under | 8 |
| the
direct supervision of the Agency
Department of Nuclear | 9 |
| Safety
and shall be in
accordance with regulations promulgated | 10 |
| and enforced by the Agency
Department
to protect the public | 11 |
| health and safety.
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| (Source: P.A. 81-1516.)
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| (420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5)
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| Sec. 5. The Director of Nuclear Safety is authorized
to | 15 |
| enter into
contracts as he or she may deem necessary for | 16 |
| carrying out the provisions of
this Act. Such contracts may | 17 |
| include the assessment of fees by the
Agency
Director . The fees | 18 |
| required shall be established at a rate which
provides an | 19 |
| annual amount equal to the anticipated reasonable cost
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| necessary to maintain, monitor, and otherwise supervise and | 21 |
| care for
lands and facilities as required in the interest of | 22 |
| public health and
safety.
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| (Source: P.A. 81-1516.)
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| (420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6)
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| Sec. 6. It is recognized by the General Assembly that any | 26 |
| site used
for the concentration and storage of radioactive | 27 |
| waste material will
represent a continuing and perpetual | 28 |
| responsibility in the interests of
the public health, safety | 29 |
| and general welfare, and that the same must
ultimately be | 30 |
| reposed in a sovereign government without regard for the
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| existence or nonexistence of any particular agency, | 32 |
| instrumentality,
department, division or officer thereof. In | 33 |
| all instances lands,
buildings and grounds which are to be |
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LRB094 14568 RSP 49511 b |
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| designated as sites for the
concentration and storage of | 2 |
| radioactive waste materials shall be
acquired in fee simple | 3 |
| absolute and dedicated in perpetuity to such
purpose. All | 4 |
| rights, title and interest in, of and to any radioactive
waste | 5 |
| materials accepted by the Agency
Department of Nuclear Safety
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| for
permanent storage at such facilities, shall upon acceptance | 7 |
| become the
property of the State and shall be in all respects | 8 |
| administered,
controlled, and disposed of, including transfer | 9 |
| by sale, lease, loan or
otherwise, by the Department of Nuclear | 10 |
| Safety in the name of the State.
All fees received pursuant to | 11 |
| contracts entered into by the Agency
Director
shall be | 12 |
| deposited in the State treasury and shall be set apart in a
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| special fund to be known as the "Radioactive Waste Site | 14 |
| Perpetual Care
Fund". Monies deposited in the fund shall be | 15 |
| expended by the Agency
Director
to monitor and maintain the | 16 |
| site as required to protect the public
health and safety on a | 17 |
| continuing and perpetual basis.
All payments received by the | 18 |
| Department of Nuclear Safety or its successor
agency, the | 19 |
| Illinois Emergency Management Agency, pursuant to the
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| settlement agreement entered May 25, 1988, in the matter of the | 21 |
| People of
the State of Illinois, et al. v. Teledyne, Inc., et | 22 |
| al. (No. 78 MR 25,
Circuit Court, Bureau County, Illinois) | 23 |
| shall be held by the State
Treasurer separate and apart from | 24 |
| all public moneys or funds of the State,
and shall be used only | 25 |
| as provided in such settlement agreement.
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| (Source: P.A. 86-257.)
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| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.
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