Full Text of SB3017 100th General Assembly
SB3017 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3017 Introduced 2/15/2018, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
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420 ILCS 20/13 | from Ch. 111 1/2, par. 241-13 |
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Amends the Illinois Low-Level Radioactive Waste Management Act. Provides that units of local government are exempt from specified waste fees. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Low-Level Radioactive Waste | 5 | | Management Act is amended by changing Section 13 as follows:
| 6 | | (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
| 7 | | Sec. 13. Waste fees.
| 8 | | (a) The Agency shall collect a fee from each generator of | 9 | | low-level
radioactive wastes in this State , except as otherwise | 10 | | provided in this subsection . Except as provided in subsections | 11 | | (b), (c),
and (d), the amount of the fee shall be $50.00 or the | 12 | | following amount,
whichever is greater:
| 13 | | (1) $1 per cubic foot of waste shipped for storage, | 14 | | treatment or disposal
if storage of the waste for shipment | 15 | | occurred prior to September 7, 1984;
| 16 | | (2) $2 per cubic foot of waste stored for shipment if | 17 | | storage of the
waste occurs on or after September 7, 1984, | 18 | | but prior to October 1, 1985;
| 19 | | (3) $3 per cubic foot of waste stored for shipment if | 20 | | storage of the
waste occurs on or after October 1, 1985;
| 21 | | (4) $2 per cubic foot of waste shipped for storage, | 22 | | treatment or
disposal if storage of the waste for shipment | 23 | | occurs on or after September
7, 1984 but prior to October |
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| 1 | | 1, 1985, provided that no fee has been collected
previously | 2 | | for storage of the waste;
| 3 | | (5) $3 per cubic foot of waste shipped for storage, | 4 | | treatment or
disposal if storage of the waste for shipment | 5 | | occurs on or after October
1, 1985, provided that no fees | 6 | | have been collected previously for storage
of the waste.
| 7 | | Such fees shall be collected annually or as determined by | 8 | | the Agency and
shall be deposited in the low-level radioactive | 9 | | waste funds as provided in
Section 14 of this Act. | 10 | | Notwithstanding any other provision of this Act, no
fee under | 11 | | this
Section shall be collected from a generator for waste | 12 | | generated incident to
manufacturing before December 31, 1980, | 13 | | and shipped for disposal outside
of this State before December | 14 | | 31, 1992, as part of a site reclamation
leading to license | 15 | | termination.
| 16 | | Units of local government are exempt from the fee | 17 | | provisions of this subsection. | 18 | | (b) Each nuclear power reactor in this State for which an | 19 | | operating
license has been issued by the Nuclear Regulatory | 20 | | Commission shall not be
subject to the fee required by | 21 | | subsection (a) with respect to (1) waste
stored for shipment if | 22 | | storage of the waste occurs on or after January
1, 1986; and | 23 | | (2) waste shipped for storage, treatment or disposal if storage
| 24 | | of the waste for shipment occurs on or after January 1, 1986. | 25 | | In lieu of
the fee, each reactor shall be required to pay an | 26 | | annual fee as provided in
this subsection for the
treatment, |
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| 1 | | storage and disposal of low-level radioactive waste. Beginning
| 2 | | with State fiscal year 1986 and through State fiscal year 1997, | 3 | | fees shall be
due and payable on January 1st of each year.
For | 4 | | State fiscal year 1998 and all subsequent State fiscal years, | 5 | | fees shall
be due and payable on July 1 of each fiscal year. | 6 | | The fee due on July 1,
1997 shall be payable on that date, or | 7 | | within 10 days after the effective date
of this amendatory Act | 8 | | of 1997, whichever is later.
| 9 | | The owner of any nuclear power reactor that has an | 10 | | operating license
issued by the Nuclear Regulatory Commission | 11 | | for any portion of State fiscal
year 1998 shall continue to pay | 12 | | an annual fee of $90,000 for the treatment,
storage, and | 13 | | disposal of low-level radioactive waste through State fiscal | 14 | | year
2002. The fee shall be due and
payable on July 1 of each | 15 | | fiscal year.
The fee due on July 1, 1998 shall be
payable on | 16 | | that date, or within 10 days after the effective date of this
| 17 | | amendatory Act of 1998, whichever is later.
If the balance in | 18 | | the Low-Level Radioactive Waste Facility Development and
| 19 | | Operation Fund falls below $500,000, as of the end of any | 20 | | fiscal year after
fiscal year 2002, the Agency is authorized to | 21 | | assess by rule, after notice
and a hearing, an additional | 22 | | annual fee to be paid by the owners of nuclear
power
reactors | 23 | | for which operating licenses have been issued by the Nuclear
| 24 | | Regulatory Commission, except that no additional annual fee | 25 | | shall be assessed because of the fund balance at the end of | 26 | | fiscal year 2005 or the end of fiscal year 2006. The additional |
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| 1 | | annual fee shall be payable on the date
or dates specified by | 2 | | rule and shall not exceed $30,000 per operating reactor
per | 3 | | year.
| 4 | | (c) In each of State fiscal years 1988, 1989 and 1990, in | 5 | | addition to
the fee imposed in subsections (b) and (d), the | 6 | | owner of each nuclear power
reactor in this State for which an | 7 | | operating license has been issued by the
Nuclear Regulatory | 8 | | Commission shall pay a fee of $408,000. If an
operating license | 9 | | is issued during one of those 3 fiscal years, the owner
shall | 10 | | pay a prorated amount of the fee equal to $1,117.80 multiplied | 11 | | by the
number of days in the fiscal year during which the | 12 | | nuclear power reactor
was licensed.
| 13 | | The fee shall be due and payable as follows: in fiscal year | 14 | | 1988,
$204,000 shall be paid on October 1, 1987 and $102,000 | 15 | | shall be paid on each
of January 1, 1988 and April 1, 1988; in | 16 | | fiscal year 1989, $102,000 shall
be paid on each of July 1, | 17 | | 1988, October 1, 1988, January 1, 1989 and April
1, 1989; and | 18 | | in fiscal year 1990, $102,000 shall be paid on each of July 1,
| 19 | | 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If | 20 | | the
operating license is issued during one of the 3 fiscal | 21 | | years, the owner
shall be subject to those payment dates, and | 22 | | their corresponding amounts,
on which the owner possesses an | 23 | | operating license and, on June 30 of the fiscal
year of | 24 | | issuance of the license, whatever amount of the prorated fee | 25 | | remains
outstanding.
| 26 | | All of the amounts collected by the Agency under this |
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| 1 | | subsection (c)
shall be deposited into the Low-Level | 2 | | Radioactive Waste Facility
Development and Operation Fund | 3 | | created under subsection (a) of Section 14 of
this
Act and | 4 | | expended, subject to appropriation, for
the purposes provided | 5 | | in that subsection.
| 6 | | (d) In addition to the fees imposed in subsections (b) and | 7 | | (c), the
owners of nuclear power reactors in this State for | 8 | | which operating licenses
have been issued by the Nuclear | 9 | | Regulatory Commission shall pay the
following fees for each | 10 | | such nuclear power reactor: for State fiscal year
1989, | 11 | | $325,000 payable on October 1, 1988, $162,500 payable on | 12 | | January 1,
1989, and $162,500 payable on April 1, 1989; for | 13 | | State fiscal year 1990,
$162,500 payable on July 1, $300,000 | 14 | | payable on October 1, $300,000 payable
on January 1 and | 15 | | $300,000 payable on April 1; for State fiscal year 1991,
either | 16 | | (1) $150,000 payable on July 1, $650,000 payable on September | 17 | | 1,
$675,000 payable on January 1, and $275,000 payable on April | 18 | | 1, or (2)
$150,000 on July 1, $130,000 on the first day of each | 19 | | month from August
through December, $225,000 on the first day | 20 | | of each month from January
through March and $92,000 on the | 21 | | first day of each month from April through
June; for State | 22 | | fiscal year 1992, $260,000 payable on July 1, $900,000
payable | 23 | | on September 1, $300,000 payable on October 1, $150,000 payable | 24 | | on
January 1, and $100,000 payable on April 1; for State fiscal | 25 | | year 1993,
$100,000 payable on July 1, $230,000 payable on | 26 | | August 1 or within 10 days
after July 31, 1992, whichever is |
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| 1 | | later, and $355,000 payable on October 1; for
State fiscal year | 2 | | 1994, $100,000 payable on July 1, $75,000 payable on October
1 | 3 | | and $75,000 payable on April 1; for State fiscal year 1995, | 4 | | $100,000 payable
on July 1, $75,000 payable on October 1, and | 5 | | $75,000 payable on April 1,
for State fiscal year 1996, | 6 | | $100,000 payable on July 1, $75,000 payable on
October 1, and | 7 | | $75,000 payable on April 1. The owner of any nuclear
power | 8 | | reactor that has an operating license issued by the Nuclear | 9 | | Regulatory
Commission for any portion of State fiscal year 1998 | 10 | | shall pay an annual fee of
$30,000 through State fiscal year | 11 | | 2003.
For State fiscal year 2004 and subsequent fiscal years, | 12 | | the owner of any
nuclear power reactor that has an operating | 13 | | license issued by the Nuclear
Regulatory Commission shall pay | 14 | | an annual fee of $30,000 per reactor, provided
that the fee
| 15 | | shall not apply to a nuclear power reactor with regard to which | 16 | | the owner
notified the Nuclear Regulatory Commission during | 17 | | State fiscal year 1998 that
the nuclear power reactor | 18 | | permanently ceased operations.
The fee shall be due and payable | 19 | | on
July 1 of each fiscal year.
The fee due on July 1, 1998 shall | 20 | | be
payable on that date, or within 10 days after the effective | 21 | | date of this
amendatory Act of 1998, whichever is later.
The | 22 | | fee
due on July 1, 1997 shall be payable on that date or within | 23 | | 10 days after the
effective date of this amendatory Act of | 24 | | 1997, whichever is later. If the
payments under this
subsection | 25 | | for fiscal year 1993 due on January 1, 1993, or on April 1, | 26 | | 1993, or
both, were due before the effective date of this |
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| 1 | | amendatory Act of the 87th
General Assembly, then those | 2 | | payments are waived and need not be made.
| 3 | | All of the amounts collected by the Agency under this | 4 | | subsection (d)
shall be deposited into the Low-Level | 5 | | Radioactive Waste Facility
Development and Operation Fund | 6 | | created pursuant to subsection (a) of Section
14 of this
Act | 7 | | and expended, subject to appropriation, for the purposes | 8 | | provided in that
subsection.
| 9 | | All payments made by licensees under this subsection (d) | 10 | | for fiscal year
1992 that are not appropriated and obligated by | 11 | | the Agency above
$1,750,000 per reactor in fiscal year 1992, | 12 | | shall be credited to the licensees
making the payments to | 13 | | reduce the per reactor fees required under this
subsection (d) | 14 | | for fiscal year 1993.
| 15 | | (e) The Agency shall promulgate rules and regulations | 16 | | establishing
standards for the collection of the fees | 17 | | authorized by this Section. The
regulations shall include, but | 18 | | need not be limited to:
| 19 | | (1) the records necessary to identify the amounts of | 20 | | low-level
radioactive wastes produced;
| 21 | | (2) the form and submission of reports to accompany the | 22 | | payment of fees
to the Agency; and
| 23 | | (3) the time and manner of payment of fees to the | 24 | | Agency, which
payments shall not be more frequent than | 25 | | quarterly.
| 26 | | (f) Any operating agreement entered into under subsection |
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| 1 | | (b) of
Section 5 of this Act between the Agency and any | 2 | | disposal facility
contractor
shall, subject to the provisions | 3 | | of this Act, authorize the contractor to
impose upon and | 4 | | collect from persons using the disposal facility fees
designed | 5 | | and
set at levels reasonably calculated to produce sufficient | 6 | | revenues (1) to
pay all costs and expenses properly incurred or | 7 | | accrued in connection
with, and properly allocated to, | 8 | | performance of the contractor's obligations
under the | 9 | | operating agreement, and (2) to provide reasonable and
| 10 | | appropriate compensation or profit to the contractor under the
| 11 | | operating
agreement. For purposes of this subsection (f), the | 12 | | term "costs and expenses"
may include, without limitation, (i) | 13 | | direct and indirect costs and expenses
for labor, services, | 14 | | equipment, materials, insurance and other risk
management | 15 | | costs, interest and other financing charges, and taxes or fees
| 16 | | in lieu of taxes; (ii) payments to or required by the United | 17 | | States, the
State of Illinois or any agency or department | 18 | | thereof, the Central Midwest
Interstate Low-Level Radioactive | 19 | | Waste Compact, and subject
to the
provisions of this Act, any | 20 | | unit of local government; (iii)
amortization of capitalized | 21 | | costs with respect to the disposal facility and
its
| 22 | | development, including any capitalized reserves; and (iv) | 23 | | payments with
respect
to reserves, accounts, escrows or trust | 24 | | funds required by law or otherwise
provided for under the | 25 | | operating agreement.
| 26 | | (g) (Blank).
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| 1 | | (h) (Blank).
| 2 | | (i) (Blank).
| 3 | | (j) (Blank).
| 4 | | (j-5) Prior to commencement of facility operations, the | 5 | | Agency shall
adopt rules providing for the establishment and | 6 | | collection of fees and charges
with respect to the use of the | 7 | | disposal facility as provided in subsection (f)
of this | 8 | | Section.
| 9 | | (k) The regional disposal facility shall be subject to ad | 10 | | valorem real
estate taxes lawfully imposed by units of local | 11 | | government and school districts
with jurisdiction over the | 12 | | facility. No other local government tax, surtax,
fee or other | 13 | | charge on activities at the regional disposal facility shall be
| 14 | | allowed except as authorized by the Agency.
| 15 | | (l) The Agency shall have the power, in the event that | 16 | | acceptance of
waste for disposal at the regional disposal | 17 | | facility is suspended, delayed
or interrupted, to impose | 18 | | emergency fees on the generators of low-level
radioactive | 19 | | waste. Generators shall pay emergency fees within 30 days of
| 20 | | receipt of notice of the emergency fees. The Department shall | 21 | | deposit all of
the receipts of any fees collected under this | 22 | | subsection into the Low-Level
Radioactive Waste Facility | 23 | | Development and Operation Fund created under
subsection (b) of | 24 | | Section 14. Emergency fees may be used to mitigate the
impacts | 25 | | of the suspension or interruption of acceptance of waste for | 26 | | disposal.
The requirements for rulemaking in the Illinois |
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| 1 | | Administrative Procedure Act
shall not apply to the imposition | 2 | | of emergency fees under this subsection.
| 3 | | (m) The Agency shall promulgate any other rules and | 4 | | regulations as
may be necessary to implement this Section.
| 5 | | (Source: P.A. 94-91, eff. 7-1-05; 95-777, eff. 8-4-08.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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