Full Text of HB5547 96th General Assembly
HB5547 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5547
Introduced 2/9/2010, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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420 ILCS 5/4 |
from Ch. 111 1/2, par. 4304 |
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Amends the Illinois Nuclear Safety Preparedness Act. Makes a technical
change in a Section relating to fees.
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A BILL FOR
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HB5547 |
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LRB096 18244 JDS 33619 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Nuclear Safety Preparedness Act is | 5 |
| amended by changing Section 4 as follows:
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| (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
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| Sec. 4. Nuclear accident plans; fees. Persons engaged | 8 |
| within this State
in the
the production of electricity | 9 |
| utilizing nuclear energy, the operation of
nuclear test and | 10 |
| research reactors, the chemical conversion of uranium, or the
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| transportation, storage or possession of spent nuclear fuel or | 12 |
| high-level
radioactive waste shall pay fees to cover the cost | 13 |
| of establishing plans and
programs to deal with the possibility | 14 |
| of nuclear accidents. Except as provided
below, the fees shall | 15 |
| be used exclusively to fund those Agency and local
government | 16 |
| activities defined as necessary by the Director to implement | 17 |
| and
maintain the plans and programs authorized by this Act. | 18 |
| Local governments
incurring expenses attributable to | 19 |
| implementation and maintenance of the plans
and programs | 20 |
| authorized by this Act may apply to the Agency for
compensation | 21 |
| for those expenses, and upon approval by the Director of
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| applications
submitted by local governments, the Agency shall | 23 |
| compensate local
governments from fees collected under this |
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| Section. Compensation for local
governments shall include
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| $250,000 in any year through
fiscal year 1993, $275,000 in | 3 |
| fiscal year 1994 and fiscal year 1995,
$300,000 in fiscal year | 4 |
| 1996, $400,000 in fiscal year 1997, and $450,000
in fiscal year | 5 |
| 1998 and thereafter.
Appropriations to the Department of | 6 |
| Nuclear Safety (of which the Agency is the successor) for | 7 |
| compensation to local
governments from the Nuclear Safety | 8 |
| Emergency
Preparedness Fund provided for in this Section shall | 9 |
| not exceed $650,000 per
State fiscal year. Expenditures from | 10 |
| these appropriations shall not exceed, in
a single State fiscal | 11 |
| year,
the annual compensation amount made available to
local
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| governments under this Section, unexpended funds made | 13 |
| available for local
government
compensation in the previous | 14 |
| fiscal year, and funds recovered under
the Illinois Grant Funds | 15 |
| Recovery Act during previous fiscal years.
Notwithstanding any | 16 |
| other provision of this Act, the expenditure limitation for
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| fiscal year 1998 shall include the additional $100,000 made | 18 |
| available to local
governments for fiscal year 1997 under this | 19 |
| amendatory Act of 1997. Any funds
within these expenditure | 20 |
| limitations,
including
the additional $100,000 made
available | 21 |
| for fiscal year 1997 under this amendatory Act of 1997,
that | 22 |
| remain unexpended at the close of
business on June 30, 1997, | 23 |
| and on June 30 of each
succeeding year,
shall be
excluded from | 24 |
| the calculations of credits under
subparagraph
(3) of this | 25 |
| Section. The
Agency shall, by rule, determine the method for | 26 |
| compensating local
governments under this Section. The
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| appropriation shall not exceed $500,000 in any year preceding
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| fiscal year 1996; the appropriation shall not exceed $625,000 | 3 |
| in fiscal year
1996, $725,000 in fiscal year 1997, and $775,000 | 4 |
| in fiscal year 1998 and
thereafter. The fees shall consist of
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| the following: | 6 |
| (1)
A one-time charge of $590,000 per nuclear power station | 7 |
| in this State to
be paid by the owners of the stations.
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| (2)
An additional charge of $240,000 per nuclear power | 9 |
| station for which
a fee under subparagraph (1) was paid before | 10 |
| June 30, 1982.
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| (3) Through June 30, 1982, an annual fee of $75,000 per | 12 |
| year for
each
nuclear power reactor for which an operating | 13 |
| license has been issued by
the NRC, and after June 30, 1982, | 14 |
| and through June 30, 1984 an
annual fee of $180,000 per year | 15 |
| for each nuclear power reactor for which an
operating license | 16 |
| has been issued by the NRC, and after June 30, 1984,
and | 17 |
| through June 30, 1991, an annual fee of $400,000 for each | 18 |
| nuclear power
reactor for which an operating license has been | 19 |
| issued by the NRC, to be
paid by the owners of nuclear power | 20 |
| reactors operating in this State.
After June 30, 1991, the
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| owners of nuclear power reactors in this State for
which | 22 |
| operating licenses have been issued by the NRC shall pay the
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| following fees for each such nuclear power reactor: for State | 24 |
| fiscal year
1992, $925,000; for State fiscal year 1993, | 25 |
| $975,000; for State fiscal year
1994; $1,010,000; for State | 26 |
| fiscal year 1995, $1,060,000; for State
fiscal years 1996 and |
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| 1997,
$1,110,000; for State fiscal year 1998, $1,314,000; for | 2 |
| State fiscal year
1999, $1,368,000; for State fiscal year 2000, | 3 |
| $1,404,000; for State fiscal year
2001, $1,696,455; for State | 4 |
| fiscal year 2002, $1,730,636; for State fiscal year
2003 and | 5 |
| subsequent fiscal years, $1,757,727. Within 120
days
after the | 6 |
| end of the State fiscal year, the Agency shall determine,
from | 7 |
| the records of the Office of the Comptroller, the balance in | 8 |
| the
Nuclear Safety Emergency Preparedness Fund. When the | 9 |
| balance in the fund,
less any fees collected under this Section | 10 |
| prior to their being due and
payable for the succeeding fiscal | 11 |
| year or years, exceeds $400,000 at the
close of business on | 12 |
| June 30, 1993, 1994, 1995, 1996, 1997, and 1998,
or
exceeds | 13 |
| $500,000 at the close of business on June 30,
1999 and June 30 | 14 |
| of
each succeeding year,
the excess shall be credited to the | 15 |
| owners of nuclear power reactors who
are assessed fees under | 16 |
| this subparagraph. Credits shall be
applied
against the fees to | 17 |
| be collected under this subparagraph for the subsequent
fiscal | 18 |
| year. Each owner shall receive as a credit that amount of the
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| excess which corresponds proportionately to the amount the | 20 |
| owner
contributed to all fees collected under this subparagraph | 21 |
| in the fiscal
year that produced the excess.
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| (3.5) The owner of a nuclear power reactor that notifies | 23 |
| the Nuclear
Regulatory Commission that the nuclear power | 24 |
| reactor has permanently ceased
operations during State fiscal | 25 |
| year 1998
shall pay the following fees for each such nuclear | 26 |
| power reactor: $1,368,000
for State fiscal year 1999 and |
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| $1,404,000 for State fiscal year 2000.
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| (4)
A capital expenditure surcharge of $1,400,000 per | 3 |
| nuclear power
station in this State, whether operating or under | 4 |
| construction, shall be
paid by the owners of the station.
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| (5) An annual fee of $25,000 per year for each site for | 6 |
| which
a valid operating license has been issued by NRC for the | 7 |
| operation of an
away-from-reactor spent nuclear fuel or | 8 |
| high-level radioactive
waste storage facility, to be paid by | 9 |
| the owners
of facilities for the storage of spent nuclear fuel | 10 |
| or high-level
radioactive waste for others in this State.
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| (6) A one-time charge of $280,000 for each facility in this | 12 |
| State
housing a nuclear test and research reactor, to be paid | 13 |
| by the operator of
the facility. However, this charge shall not | 14 |
| be required to be paid by any
tax-supported institution.
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| (7) A one-time charge of $50,000 for each facility in this | 16 |
| State for
the chemical conversion of uranium, to be paid by the | 17 |
| owner of the facility.
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| (8) An annual fee of $150,000 per year for each facility in | 19 |
| this State
housing a nuclear test and research reactor, to be | 20 |
| paid by the operator of
the facility. However, this annual fee | 21 |
| shall not be required to be paid by any
tax-supported | 22 |
| institution.
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| (9) An annual fee of $15,000 per year for each facility in | 24 |
| this State
for the chemical conversion of uranium, to be paid | 25 |
| by the owner of the
facility.
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| (10) A fee assessed at the rate of $2,500 per truck for
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| each truck shipment
and $4,500 for the first cask and $3,000 | 2 |
| for each additional cask for each rail
shipment of spent | 3 |
| nuclear fuel, high-level
radioactive waste, transuranic waste, | 4 |
| or a highway route controlled quantity of radioactive materials | 5 |
| received at or departing from any
nuclear power station
or | 6 |
| away-from-reactor spent nuclear fuel, high-level radioactive
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| waste, transuranic waste
storage facility, or other facility in | 8 |
| this State to be paid by the shipper of the spent nuclear
fuel, | 9 |
| high level radioactive waste,
transuranic waste, or highway | 10 |
| route controlled quantity of radioactive material.
Truck
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| shipments of greater than 250 miles in Illinois are subject to | 12 |
| a surcharge of
$25 per mile over 250 miles for each truck in | 13 |
| the shipment. The amount
of fees
collected each fiscal year | 14 |
| under this subparagraph shall be excluded from the
calculation | 15 |
| of credits under subparagraph (3) of this Section.
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| (11) A fee assessed at the rate of $2,500 per truck
for | 17 |
| each truck shipment
and $4,500 for the first cask and $3,000 | 18 |
| for each additional cask for each rail
shipment of spent | 19 |
| nuclear
fuel, high-level
radioactive waste, transuranic waste, | 20 |
| or a highway route controlled quantity of radioactive materials | 21 |
| traversing the State to be paid by
the shipper of the spent | 22 |
| nuclear fuel, high level radioactive waste,
transuranic waste, | 23 |
| or highway route controlled quantity of radioactive material. | 24 |
| Truck shipments of greater than 250 miles in
Illinois are | 25 |
| subject to a surcharge of $25 per mile over 250 miles for each
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| truck in the shipment. The
amount of fees collected each fiscal |
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| year under this
subparagraph shall be excluded from the | 2 |
| calculation of credits under
subparagraph (3) of this Section.
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| (12)
In each of the State fiscal years 1988 through 1991, | 4 |
| in addition
to the annual fee provided for in subparagraph (3), | 5 |
| a fee of $400,000 for
each nuclear power reactor for which an | 6 |
| operating license has been issued
by the NRC, to be paid by the | 7 |
| owners of nuclear power reactors operating in
this State. | 8 |
| Within 120 days after the end of the State fiscal years ending
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| June 30, 1988, June 30, 1989, June 30, 1990, and June 30, 1991, | 10 |
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Agency shall determine the expenses of the Illinois Nuclear
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| Safety Preparedness Program paid from funds appropriated for | 12 |
| those fiscal
years. When the aggregate of all fees, charges, | 13 |
| and surcharges collected
under this Section during any fiscal | 14 |
| year exceeds the total expenditures
under this Act from | 15 |
| appropriations for that fiscal year, the excess shall
be | 16 |
| credited to the owners of nuclear power reactors who are | 17 |
| assessed fees
under this subparagraph, and the credits shall be | 18 |
| applied against the fees
to be collected under this | 19 |
| subparagraph for the subsequent fiscal year.
Each owner shall | 20 |
| receive as a credit that amount of the excess that
corresponds | 21 |
| proportionately to the amount the owner contributed to all fees
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| collected under this subparagraph in the fiscal year that | 23 |
| produced the excess.
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| (Source: P.A. 92-576, eff. 6-26-02; 93-1029, eff. 8-25-04.)
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