(20 ILCS 3310/25) Sec. 25. Boiler and pressure vessel safety. The Agency shall exercise, administer, and enforce all of the following rights, powers, and duties: (1) Rights, powers, and duties vested in the |
| Department of Nuclear Safety by the Boiler and Pressure Vessel Safety Act prior to the abolishment of the Department of Nuclear Safety, to the extent the rights, powers, and duties relate to nuclear steam-generating facilities.
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(2) Rights, powers, and duties relating to nuclear
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| steam-generating facilities vested in the Department of Nuclear Safety by the Boiler and Pressure Vessel Safety Act prior to the abolishment of the Department of Nuclear Safety, which include but are not limited to the formulation of definitions, rules, and regulations for the safe and proper construction, installation, repair, use, and operation of nuclear steam-generating facilities, the adoption of rules for already installed nuclear steam-generating facilities, the adoption of rules for accidents in nuclear steam-generating facilities, the examination for or suspension of inspectors' licenses of the facilities, and the hearing of appeals from decisions relating to the facilities.
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(3) Rights, powers, and duties relating to nuclear
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| steam-generating facilities, vested in the State Fire Marshal, the Chief Inspector, or the Department of Nuclear Safety prior to its abolishment, by the Boiler and Pressure Vessel Safety Act, which include but are not limited to the employment of inspectors of nuclear steam-generating facilities, issuance or suspension of their commissions, prosecution of the Act or rules promulgated thereunder for violations by nuclear steam-generating facilities, maintenance of inspection records of all the facilities, publication of rules relating to the facilities, having free access to the facilities, issuance of inspection certificates of the facilities, and the furnishing of bonds conditioned upon the faithful performance of their duties. The Director may designate a Chief Inspector, or other inspectors, as he or she deems necessary to perform the functions transferred by this Section.
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The transfer of rights, powers, and duties specified in paragraphs (1), (2), and (3) is limited to the program transferred by this Act and shall not be deemed to abolish or diminish the exercise of those same rights, powers, and duties by the Office of the State Fire Marshal, the Board of Boiler and Pressure Vessel Rules, the State Fire Marshal, or the Chief Inspector with respect to programs retained by the Office of the State Fire Marshal.
(Source: P.A. 103-569, eff. 6-1-24.)
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(20 ILCS 3310/30) Sec. 30. Powers vested in Environmental Protection Agency. (a) The Agency shall exercise, administer, and enforce all rights, powers, and duties vested in the Environmental Protection Agency by paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4 and by Sections 30 through 45 of the Environmental Protection Act, to the extent that these powers relate to standards of the Pollution Control Board adopted under Section 35 of this Act. The transfer of rights, powers, and duties specified in this Section is limited to the programs transferred by Public Act 81-1516 and this Act and shall not be deemed to abolish or diminish the exercise of those same rights, powers, and duties by the Environmental Protection Agency with respect to programs retained by the Environmental Protection Agency. (b) Notwithstanding provisions in Sections 4 and 17.7 of the Environmental Protection Act, the Environmental Protection Agency is not required to perform analytical services for community water supplies to determine compliance with contaminant levels for radionuclides as specified in State or federal drinking water regulations. (Source: P.A. 103-569, eff. 6-1-24.) |
(20 ILCS 3310/40) Sec. 40. Regulation of nuclear safety. (a) The Agency shall have primary responsibility for the coordination and oversight of all State governmental functions concerning the regulation of nuclear power, including low level waste management, environmental monitoring, environmental radiochemical analysis, and transportation of nuclear waste. Functions performed by the Illinois State Police and the Department of Transportation in the area of nuclear safety, on the effective date of this Act, may continue to be performed by these agencies but under the direction of the Agency. All other governmental functions regulating nuclear safety shall be coordinated by the Agency. (b) IEMA-OHS, in consultation with the Illinois Environmental Protection Agency, shall adopt rules for the regulation of small modular reactors. The rules shall be adopted by January 1, 2026 and shall include criteria for decommissioning, environmental monitoring, and emergency preparedness. The rules shall include a fee structure to cover IEMA-OHS costs for regulation and inspection. The fee structure may include fees to cover costs of local government emergency response preparedness through grants administered by IEMA-OHS. None of the rules developed by the Illinois Emergency Management Agency and Office of Homeland Security or any other State agency, board, or commission pursuant to this Act shall be construed to supersede the authority of the U.S. Nuclear Regulatory Commission. The changes made by this amendatory Act of the 103rd General Assembly shall not apply to the uprate, renewal, or subsequent renewal of any license for an existing nuclear power reactor that began operation prior to the effective date of this amendatory Act of the 103rd General Assembly. Any fees collected under this subsection shall be deposited into the Nuclear Safety Emergency Preparedness Fund created pursuant to Section 7 of the Illinois Nuclear Safety Preparedness Act. (c) Consistent with federal law and policy statements of and cooperative agreements with the U.S. Nuclear Regulatory Commission with respect to State participation in health and safety regulation of nuclear facilities, and in recognition of the role provided for the states by such laws, policy statements, and cooperative agreements, IEMA-OHS may develop and implement a program for inspections of small modular reactors, both operational and non-operational. The owner of each small modular reactor shall allow access to IEMA-OHS inspectors of all premises and records of the small modular reactor. The IEMA-OHS inspectors shall operate in accordance with any cooperative agreements executed between IEMA-OHS and the U.S. Nuclear Regulatory Commission. The IEMA-OHS inspectors shall operate in accordance with the security plan for the small modular reactor. IEMA-OHS programs and activities under this Section shall not be inconsistent with federal law. (d) IEMA-OHS shall be authorized to conduct activities specified in Section 8 of the Illinois Nuclear Safety Preparedness Act in regard to small modular reactors. (Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-569, eff. 6-1-24.) |
(20 ILCS 3310/85) Sec. 85. Saving clause. (a) The rights, powers and duties transferred to the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security) by this Act shall be vested in and shall be exercised by the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). Each act done in exercise of such rights, powers, and duties shall have the same legal effect as if done by the Department of Nuclear Safety, its divisions, officers, or employees. (b) Every person or corporation shall be subject to the same obligations and duties and any penalties, civil or criminal, arising therefrom, and shall have the same rights arising from the exercise of such powers, duties, rights and responsibilities as had been exercised by the Department of Nuclear Safety, its divisions, officers or employees. (c) Every officer of the Illinois Emergency Management Agency and Office of Homeland Security shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by any officer whose powers or duties were transferred under this Act. (d) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the agencies and officers transferred by this Act, the same shall be made, given, furnished, or served in the same manner to or upon the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). (e) This Act shall not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause regarding the Department of Nuclear Safety before this Act takes effect, but such actions or proceedings may be prosecuted and continued by the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). (f) Any rules of the Department of Nuclear Safety that are in full force on the effective date of this Act and that have been duly adopted by the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security) shall become the rules of the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). This Act shall not affect the legality of any such rules in the Illinois Administrative Code. Any proposed rules filed with the Secretary of State by the Department of Nuclear Safety that are pending in the rulemaking process on the effective date of this Act, shall be deemed to have been filed by the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). As soon as practicable hereafter, the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security) shall revise and clarify the rules transferred to it under this Act to reflect the reorganization of rights, powers, and duties effected by this Act using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Illinois Emergency Management Agency and Office of Homeland Security may propose and adopt under the Illinois Administrative Procedure Act such other rules of the reorganized agencies that will now be administered by the Illinois Emergency Management Agency and Office of Homeland Security. (g) If any provision of this Act or its application to any person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application. To achieve this purpose, the provisions of this Act are declared to be severable.(Source: P.A. 103-569, eff. 6-1-24.) |
(20 ILCS 3310/90) (Section scheduled to be repealed on January 1, 2027) Sec. 90. Small modular reactor study. (a) The Governor may commission a study on the potential for development of small modular reactors in this State. No later than January 1, 2025, subject to appropriation, the Governor is authorized to commission a study, led by the Illinois Emergency Management Agency and Office of Homeland Security, to research the State's role in guiding the development of small modular reactors. IEMA-OHS shall publish a draft of the study for a 30-day public comment period. After the conclusion of the public comment period, IEMA-OHS shall finalize the study, post a publicly available copy on its website, and submit a copy to the General Assembly. (b) The study shall include, at a minimum, the following: (1) a review of the current state of small modular |
| reactor technologies and the characteristics of nuclear reactor technologies currently under research and development and expected to enter the market by 2040;
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(2) a review of the following federal regulatory and
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| permitting issues concerning small modular reactors:
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(A) current and proposed permitting and approval
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| processes for small modular reactors conducted by federal agencies, including, but not limited to, the Nuclear Regulatory Commission, the Federal Emergency Management Agency, and the United States Environmental Protection Agency;
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(B) the projected timeline of such federal
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| permitting and approval processes;
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(C) federal regulation of small modular reactors
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| over the life of those facilities; and
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(D) federal regulation of the storage and
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| disposal of wastes generated by those facilities;
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(3) a review of the following State and local
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| regulatory and permitting issues concerning small modular reactors and other sources of electricity generation:
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(A) current and proposed State and local
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| permitting and approval processes for small modular reactors and other sources of electricity generation, as applicable;
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(B) State and local regulation of small modular
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| reactors and other sources of electricity generation over the life of those facilities; and
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(C) State and local regulation of the storage and
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| disposal of wastes generated by those facilities;
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(4) a review of the following small modular reactor
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| regulatory and permitting issues in other state and local jurisdictions;
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(A) current and proposed State and local
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| permitting and approval processes for small modular reactors in other state and local jurisdictions;
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(B) regulation by other state and local
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| jurisdictions of small modular reactors over the life of those facilities; and
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(C) regulation by other state and local
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| jurisdictions of the storage and disposal of wastes generated by those facilities;
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(5) a risk analysis of the potential impacts to the
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| health and well-being of the people of the State, including benefits from the reduction in carbon emissions, associated with the development of small modular reactors;
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(6) an analysis on the impact the deployment of small
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| modular reactors will have on resource adequacy in Illinois regional power grids and on the costs to electricity consumers; and
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(7) an analysis of potential water sources for use by
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| small modular reactors and whether such usage would jeopardize public consumption, future supply, or natural conditions of such water source.
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(c) This Section is repealed on January 1, 2027.
(Source: P.A. 103-569, eff. 6-1-24.)
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