Full Text of SB3016 100th General Assembly
SB3016 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3016 Introduced 2/15/2018, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3310/25 | | 420 ILCS 5/3 | from Ch. 111 1/2, par. 4303 | 420 ILCS 5/8 | from Ch. 111 1/2, par. 4308 |
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Amends the Nuclear Safety Law of 2004. Removes certain provisions concerning the Illinois Emergency Management Agency's powers over nuclear steam-generating facility inspectors. Defines "nuclear steam-generating facility" for provisions concerning boiler and pressure vessel safety. Amends the Illinois Nuclear Safety Preparedness Act. Defines "nuclear steam-generating facility" and corrects a cross-reference. 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 Nuclear Safety Law of 2004 is amended by | 5 | | changing Section 25 as follows: | 6 | | (20 ILCS 3310/25)
| 7 | | Sec. 25. Boiler and pressure vessel safety. As used in this | 8 | | Section, "nuclear steam-generating facility" means a facility | 9 | | that is under construction, a facility that is licensed to | 10 | | operate, and a facility that is closed permanently and has | 11 | | ceased operations or is undergoing the decommissioning | 12 | | process. | 13 | | The Illinois Emergency Management Agency shall exercise, | 14 | | administer, and enforce all of the following rights, powers, | 15 | | and duties:
| 16 | | (1) Rights, powers, and duties vested in the Department | 17 | | of Nuclear Safety by the Boiler and Pressure Vessel Safety | 18 | | Act prior to the abolishment of the Department of Nuclear | 19 | | Safety, to the extent the rights, powers, and duties relate | 20 | | to nuclear steam-generating facilities.
| 21 | | (2) Rights, powers, and duties relating to nuclear | 22 | | steam-generating facilities vested in the Department of | 23 | | Nuclear Safety by the Boiler and Pressure Vessel Safety Act |
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| 1 | | prior to the abolishment of the Department of Nuclear | 2 | | Safety, which include but are not limited to the | 3 | | formulation of definitions, rules, and regulations for the | 4 | | safe and proper construction, installation, repair, use, | 5 | | and operation of nuclear steam-generating facilities, the | 6 | | adoption of rules for already installed nuclear | 7 | | steam-generating facilities, the adoption of rules for | 8 | | accidents in nuclear steam-generating facilities, the | 9 | | examination for or suspension of inspectors' licenses of | 10 | | the facilities, and the hearing of appeals from decisions | 11 | | relating to the facilities.
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(3) Rights, powers, and duties relating to nuclear | 13 | | steam-generating facilities, vested in the State Fire | 14 | | Marshal, the Chief Inspector, or the Department of Nuclear | 15 | | Safety prior to its abolishment, by the Boiler and Pressure | 16 | | Vessel Safety Act, which include , but are not limited to , | 17 | | the employment of inspectors of nuclear steam-generating | 18 | | facilities, issuance or suspension of their commissions, | 19 | | prosecution of the Act or rules promulgated thereunder for | 20 | | violations by nuclear steam-generating facilities, | 21 | | maintenance of inspection records of all the facilities, | 22 | | publication of rules relating to the facilities, having | 23 | | free access to the facilities, and the issuance of | 24 | | inspection certificates of the facilities , and the | 25 | | furnishing of bonds conditioned upon the faithful | 26 | | performance of their duties . The Director of the Illinois |
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| 1 | | Emergency Management Agency may designate a Chief | 2 | | Inspector, or other inspectors, as he or she deems | 3 | | necessary to perform the functions transferred by this | 4 | | Section.
| 5 | | The transfer of rights, powers, and duties specified in | 6 | | paragraphs (1), (2), and (3) is limited to the program | 7 | | transferred by this Act and shall not be deemed to abolish or | 8 | | diminish the exercise of those same rights, powers, and duties | 9 | | by the Office of the State Fire Marshal, the Board of Boiler | 10 | | and Pressure Vessel Rules, the State Fire Marshal, or the Chief | 11 | | Inspector with respect to programs retained by the Office of | 12 | | the State Fire Marshal.
| 13 | | (Source: P.A. 95-777, eff. 8-4-08.) | 14 | | Section 10. The Illinois Nuclear Safety Preparedness Act is | 15 | | amended by changing Sections 3 and 8 as follows:
| 16 | | (420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
| 17 | | Sec. 3. Definitions. Unless the context otherwise clearly | 18 | | requires, as used
in
this Act:
| 19 | | (1) "Agency" means the Illinois Emergency Management | 20 | | Agency
of the State of Illinois.
| 21 | | (2) "Director" means the Director of the Illinois Emergency | 22 | | Management Agency.
| 23 | | (3) "Person" means any individual, corporation, | 24 | | partnership, firm,
association, trust, estate, public or |
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| 1 | | private institution, group,
agency, political subdivision of | 2 | | this State, any other state or
political subdivision or agency | 3 | | thereof, and any legal successor,
representative, agent, or | 4 | | agency of the foregoing.
| 5 | | (4) "NRC" means the United States Nuclear Regulatory | 6 | | Commission or
any agency which succeeds to its functions in the | 7 | | licensing of nuclear
power reactors or facilities for storing | 8 | | spent nuclear fuel.
| 9 | | (5) "High-level radioactive waste" means (1) the highly | 10 | | radioactive
material resulting from the reprocessing of spent | 11 | | nuclear fuel including
liquid waste produced directly in | 12 | | reprocessing and any solid material
derived from such liquid | 13 | | waste that contains fission products in sufficient
| 14 | | concentrations; and (2) the highly radioactive material that | 15 | | the NRC has
determined to be high-level radioactive waste | 16 | | requiring permanent isolation.
| 17 | | (6) "Nuclear facilities" means nuclear power plants, | 18 | | facilities housing
nuclear test and research reactors, | 19 | | facilities for the chemical conversion
of uranium, and | 20 | | facilities for the storage of spent nuclear fuel or
high-level | 21 | | radioactive waste.
| 22 | | (7) "Spent nuclear fuel" means fuel that has been withdrawn | 23 | | from a
nuclear reactor following irradiation, the constituent | 24 | | elements of which
have not been separated by reprocessing.
| 25 | | (8) "Transuranic waste" means material contaminated with | 26 | | elements that
have an atomic number greater than 92, including |
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| 1 | | neptunium, plutonium,
americium, and curium, excluding | 2 | | radioactive wastes shipped to a licensed
low-level radioactive | 3 | | waste disposal facility.
| 4 | | (9) "Highway route controlled quantity of radioactive | 5 | | materials" means that quantity of radioactive materials | 6 | | defined as a highway route controlled quantity under rules of | 7 | | the United States Department of Transportation, or any | 8 | | successor agency.
| 9 | | (10) "Nuclear steam-generating facility" means a facility | 10 | | that is under construction, a facility that is licensed to | 11 | | operate, and a facility that is closed permanently and has | 12 | | ceased operations or is undergoing the decommissioning | 13 | | process. | 14 | | (Source: P.A. 93-1029, eff. 8-25-04.)
| 15 | | (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
| 16 | | Sec. 8. (a) The Illinois Nuclear Safety Preparedness | 17 | | Program shall
consist of an assessment of the potential nuclear | 18 | | accidents, their
radiological consequences, and the necessary | 19 | | protective actions required to
mitigate the effects of such | 20 | | accidents. It shall include, but not
necessarily be limited to:
| 21 | | (1) Development of a remote effluent monitoring system | 22 | | capable of
reliably detecting and quantifying accidental | 23 | | radioactive releases from
nuclear power plants to the | 24 | | environment;
| 25 | | (2) Development of an environmental monitoring program |
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| 1 | | for nuclear
facilities other than nuclear power plants;
| 2 | | (3) Development of procedures for radiological | 3 | | assessment and radiation
exposure control for areas | 4 | | surrounding each nuclear facility in Illinois;
| 5 | | (4) Radiological training of state and local emergency
| 6 | | response personnel in accordance with the Agency's | 7 | | responsibilities
under the program;
| 8 | | (5) Participation in the development of accident | 9 | | scenarios
and in the exercising of fixed facility nuclear | 10 | | emergency response plans;
| 11 | | (6) Development of mitigative emergency planning | 12 | | standards including,
but not limited to, standards | 13 | | pertaining to evacuations, re-entry into
evacuated areas, | 14 | | contaminated foodstuffs and contaminated water supplies;
| 15 | | (7) Provision of specialized response equipment | 16 | | necessary to accomplish
this task;
| 17 | | (8) Implementation of the Boiler and Pressure Vessel | 18 | | Safety program
at nuclear steam-generating facilities as | 19 | | mandated by Section 25 of the Nuclear Safety Law of 2004
| 20 | | Section
2005-35 of the Department of Nuclear Safety Law , or | 21 | | its successor statute;
| 22 | | (9) Development and implementation of a plan for | 23 | | inspecting and
escorting all shipments of spent nuclear | 24 | | fuel, high-level
radioactive
waste, transuranic waste, and | 25 | | highway route controlled quantities of radioactive | 26 | | materials in Illinois; and
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| 1 | | (10) Implementation of the program under the Illinois | 2 | | Nuclear Facility
Safety Act.
| 3 | | (b) The Agency may incorporate data collected by the | 4 | | operator of a
nuclear facility into the Agency's remote | 5 | | monitoring system.
| 6 | | (c) The owners of each nuclear power reactor in Illinois | 7 | | shall provide
the Agency all system status signals which | 8 | | initiate Emergency Action
Level Declarations, actuate accident | 9 | | mitigation and provide mitigation
verification as directed by | 10 | | the Agency. The Agency shall designate
by rule those system | 11 | | status signals that must be provided. Signals
providing | 12 | | indication of operating power level shall also be provided.
The | 13 | | owners of the nuclear power reactors shall, at their expense, | 14 | | ensure
that valid signals will be provided continuously 24 | 15 | | hours a day.
| 16 | | All such signals shall be provided in a manner and at a | 17 | | frequency
specified by the Agency for incorporation into and | 18 | | augmentation of the
remote effluent monitoring system | 19 | | specified in subsection (a) (1) of this
Section. Provision | 20 | | shall be made for assuring that such system status and
power | 21 | | level signals shall be available to the Agency
during reactor
| 22 | | operation as well as throughout accidents and subsequent
| 23 | | recovery operations.
| 24 | | For nuclear reactors with operating licenses issued by the | 25 | | Nuclear
Regulatory Commission prior to the effective date of | 26 | | this amendatory Act,
such system status and power level signals |
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| 1 | | shall be provided to the
Department of Nuclear Safety (of which | 2 | | the Agency is the successor) by March 1, 1985. For reactors | 3 | | without such a license on the
effective date of this amendatory | 4 | | Act, such signals shall be provided to
the Department prior to | 5 | | commencing initial fuel load for such reactor.
Nuclear reactors | 6 | | receiving their operating license after the effective date
of | 7 | | this amendatory Act, but before July 1, 1985, shall provide | 8 | | such system
status and power level signals to the Department of | 9 | | Nuclear Safety (of which the Agency is the successor) by | 10 | | September 1, 1985.
| 11 | | (Source: P.A. 93-1029, eff. 8-25-04.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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