Full Text of HB4646 093rd General Assembly
HB4646 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4646
Introduced 02/04/04, by Thomas Holbrook SYNOPSIS AS INTRODUCED: |
|
420 ILCS 40/11 |
from Ch. 111 1/2, par. 210-11 |
|
Amends the Radiation Protection Act of 1990. Changes references from the "Department of Nuclear Safety" to the "Illinois Emergency Management Agency". Provides that the Agency shall set, and periodically revise, license fees, which must approximate radioactive material fees charged by the Nuclear Regulatory Commission. Effective immediately.
|
|
|
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4646 |
|
LRB093 18301 BDD 44006 b |
|
| 1 |
| AN ACT concerning nuclear safety.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Radiation Protection Act of 1990 is amended | 5 |
| by changing Section 11 as follows:
| 6 |
| (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)
| 7 |
| (Section scheduled to be repealed on January 1, 2011)
| 8 |
| Sec. 11. Federal-State Agreements.
| 9 |
| (1) The Governor, on behalf of this
State, is authorized to | 10 |
| enter into agreements with the Federal Government
providing for | 11 |
| discontinuance of certain of the Federal Government's
| 12 |
| responsibilities with respect to sources of ionizing radiation | 13 |
| and the
assumption thereof by this State, including, but not | 14 |
| limited to, agreements
concerning by-product material as | 15 |
| defined in Section 11(e)(2) of the Atomic
Energy Act of 1954, | 16 |
| 42 U.S.C. 2014(e)(2).
| 17 |
| (2) Any person who, on the effective date of an agreement | 18 |
| under
subsection (1) above, possesses a license issued by the | 19 |
| Federal Government
governing activities for which the Federal | 20 |
| Government, pursuant to such
agreement, is transferring its | 21 |
| responsibilities to this State shall be
deemed to possess the | 22 |
| same pursuant to a license issued under this Act,
which shall | 23 |
| expire 90 days after receipt from the Illinois Emergency | 24 |
| Management Agency
Department of a notice of
expiration of such | 25 |
| license, or on the date of expiration specified in the
Federal | 26 |
| license, whichever is earlier.
| 27 |
| (3) At such time as Illinois enters into a Federal-State | 28 |
| Agreement in
accordance with the provisions of this Act, the | 29 |
| Agency
Department shall license
and collect license fees from | 30 |
| persons operating radiation installations,
including | 31 |
| installations involving the use or possession of by-product
| 32 |
| material as defined in subsection (a-5)(2) of Section 4 and |
|
|
|
HB4646 |
- 2 - |
LRB093 18301 BDD 44006 b |
|
| 1 |
| installations
having such devices or equipment utilizing or | 2 |
| producing radioactive
materials but licensure shall not apply | 3 |
| to any x-ray machine, including
those located in an office of a | 4 |
| licensed physician or dentist. The Agency
Department may also | 5 |
| collect license fees from persons authorized by the Agency
| 6 |
| Department to engage in decommissioning and decontamination | 7 |
| activities at
radiation installations including installations | 8 |
| licensed to use or possess
by-product material as defined in | 9 |
| subsection (a-5)(2) of Section 4. The
license fees collected | 10 |
| from persons authorized to use or possess by-product
material | 11 |
| as defined in subsection (a-5)(2) of Section 4 or to engage in
| 12 |
| decommissioning and decontamination activities at radiation | 13 |
| installations
where such by-product material is used or | 14 |
| possessed may include fees
sufficient to cover the expenses | 15 |
| incurred by the Agency
Department in conjunction
with | 16 |
| monitoring unlicensed properties contaminated with by-product | 17 |
| material
as defined in subsection (a-5)(2) of Section 4 and | 18 |
| overseeing the
decontamination of such unlicensed properties. | 19 |
| The Agency shall set, and periodically revise, license fees | 20 |
| with the goal of recovering all program costs, including | 21 |
| appropriately allocated overhead costs. Agency license fees | 22 |
| shall approximate, to the extent practicable, radioactive | 23 |
| material fees charged by the Nuclear Regulatory Commission, but | 24 |
| are not required to include the same types of fees and | 25 |
| exemptions.
| 26 |
| The Agency
Department may impose fees for termination of | 27 |
| licenses including, but
not limited to, licenses for refining | 28 |
| uranium mill concentrates to uranium
hexafluoride; licenses | 29 |
| for possession and use of source material at ore
buying | 30 |
| stations, at ion exchange facilities and at facilities where | 31 |
| ore is
processed to extract metals other than uranium or | 32 |
| thorium; and licenses
authorizing the use or possession of | 33 |
| by-product material as defined in
subsection (a-5)(2) of | 34 |
| Section 4. The Agency
Department may also set license fees
for | 35 |
| licenses which authorize the distribution of devices, | 36 |
| products, or
sealed sources involved in the production, |
|
|
|
HB4646 |
- 3 - |
LRB093 18301 BDD 44006 b |
|
| 1 |
| utilization, or containment of
radiation. After a public | 2 |
| hearing before the Agency
Department , the fees and
collection | 3 |
| procedures shall be prescribed under rules and regulations for
| 4 |
| protection against radiation hazards promulgated under this | 5 |
| Act.
| 6 |
| (4) The Agency
Department is authorized to enter into | 7 |
| agreements related to
the receipt and expenditure of federal | 8 |
| grants and other funds to provide
assistance to states and | 9 |
| compact regions in fulfilling responsibilities
under the | 10 |
| federal Low-Level Radioactive Waste Policy Act, as amended.
| 11 |
| (Source: P.A. 91-86, eff. 7-9-99; 91-340, eff. 7-29-99; 92-16, | 12 |
| eff.
6-28-01.)
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|