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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_HB1457
420 ILCS 5/4 from Ch. 111 1/2, par. 4304
Amends the Illinois Nuclear Safety Preparedness Act to
set forth the compensation that may be paid by the Department
of Nuclear Safety, under a continuing appropriation not to
exceed $650,000, in fiscal years 1997, 1998, and thereafter
to local governments as reimbursement for implementation of
plans and programs under the Act. Sets forth annual fees
that the Department may charge of an owner of a nuclear
reactor beginning fiscal year 1997. Effective immediately.
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1 AN ACT to amend the Illinois Nuclear Safety Preparedness
2 Act by changing Section 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Nuclear Safety Preparedness Act
6 is amended by changing Section 4 as follows:
7 (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
8 Sec. 4. Nuclear accident plans; fees. Persons engaged
9 within this State in the production of electricity utilizing
10 nuclear energy, the operation of nuclear test and research
11 reactors, the chemical conversion of uranium, or the
12 transportation, storage or possession of spent nuclear fuel
13 or high-level radioactive waste shall pay fees to cover the
14 cost of establishing plans and programs to deal with the
15 possibility of nuclear accidents. Except as provided below,
16 the fees shall be used exclusively to fund those Departmental
17 and local government activities defined as necessary by the
18 Director to implement and maintain the plans and programs
19 authorized by this Act. Local governments incurring expenses
20 attributable to implementation and maintenance of the plans
21 and programs authorized by this Act may apply to the
22 Department for compensation for those expenses, and upon
23 approval by the Director of applications claims submitted by
24 local governments, the Department shall compensate local
25 governments from fees collected under this Section.
26 Compensation for local governments shall include, except that
27 the compensation, in the aggregate, shall not exceed $250,000
28 in any year through fiscal year 1993, $275,000 in fiscal year
29 1994 and fiscal year 1995, and $300,000 in fiscal year 1996,
30 $400,000 in fiscal year 1997, and $450,000 in fiscal year
31 1998 and thereafter. The provisions directing compensation to
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1 local governments from the Nuclear Safety Emergency
2 Preparedness Fund provided for in this Section shall
3 constitute an irrevocable and continuing appropriation not to
4 exceed $650,000 to the Department of Nuclear Safety solely
5 for the purposes as provided in this Section. The continuing
6 appropriation shall include, in addition to the annual
7 compensation amount made available to local governments under
8 this Section, unexpended funds made available for local
9 government compensation in the previous fiscal year and funds
10 recovered under the Illinois Grant Funds Recovery Act during
11 previous fiscal years. These additional funds shall be
12 excluded from the calculations of credit under subsection (3)
13 of this Section. The Department shall, by rule, determine the
14 method for compensating local governments under this Section.
15 In addition, a portion of the fees collected may be
16 appropriated to the Illinois Emergency Management Agency for
17 activities associated with preparing and implementing plans
18 to deal with the effects of nuclear accidents. The
19 appropriation shall not exceed $500,000 in any year preceding
20 fiscal year 1996; the appropriation shall not exceed $625,000
21 in fiscal year 1996, $725,000 in fiscal year 1997, and
22 $775,000 in fiscal year 1998 and thereafter. The fees shall
23 consist of the following:
24 (1) A one-time charge of $590,000 per nuclear power
25 station in this State to be paid by the owners of the
26 stations.
27 (2) An additional charge of $240,000 per nuclear power
28 station for which a fee under subparagraph (1) was paid
29 before June 30, 1982.
30 (3) Through June 30, 1982, an annual fee of $75,000 per
31 year for each nuclear power reactor for which an operating
32 license has been issued by the NRC, and after June 30, 1982,
33 and through June 30, 1984 an annual fee of $180,000 per year
34 for each nuclear power reactor for which an operating license
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1 has been issued by the NRC, and after June 30, 1984, and
2 through June 30, 1991, an annual fee of $400,000 for each
3 nuclear power reactor for which an operating license has been
4 issued by the NRC, to be paid by the owners of nuclear power
5 reactors operating in this State. After June 30, 1991, the
6 owners of nuclear power reactors in this State for which
7 operating licenses have been issued by the NRC shall pay the
8 following fees for each such nuclear power reactor: for State
9 fiscal year 1992, $925,000; for State fiscal year 1993,
10 $975,000; for State fiscal year 1994; $1,010,000; for State
11 fiscal year 1995, $1,060,000; and for State fiscal years year
12 1996 and 1997 subsequent fiscal years, $1,110,000; for State
13 fiscal year 1998, $1,314,000; for State fiscal year 1999,
14 $1,368,000; for State fiscal year 2000, $1,404,000; for State
15 fiscal year 2001, $1,447,000; for State fiscal year 2002,
16 $1,499,000; for State fiscal year 2003 and subsequent fiscal
17 years, $1,545,000. Within 120 days after the end of the State
18 fiscal year years ending June 30, 1993, June 30, 1994, June
19 30, 1995, and June 30, 1996, the Department shall determine,
20 from the records of the Office of the Comptroller, the
21 balance in the Nuclear Safety Emergency Preparedness Fund.
22 When the balance in the fund, less any fees collected under
23 this Section prior to their being due and payable for the
24 succeeding fiscal year or years, exceeds $400,000 at the
25 close of business on June 30, 1993, 1994, 1995, 1996, 1997,
26 and 1998, or exceeds $500,000 at the close of business on
27 June 30, 1999 and June 30 of each succeeding year, the excess
28 shall be credited to the owners of nuclear power reactors who
29 are assessed fees under this subparagraph. , and the Credits
30 shall be applied against the fees to be collected under this
31 subparagraph for the subsequent fiscal year. Each owner
32 shall receive as a credit that amount of the excess which
33 corresponds proportionately to the amount the owner
34 contributed to all fees collected under this subparagraph in
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1 the fiscal year that produced the excess.
2 (4) A capital expenditure surcharge of $1,400,000 per
3 nuclear power station in this State, whether operating or
4 under construction, shall be paid by the owners of the
5 station.
6 (5) An annual fee of $25,000 per year for each site for
7 which a valid operating license has been issued by NRC for
8 the operation of an away-from-reactor spent nuclear fuel or
9 high-level radioactive waste storage facility, to be paid by
10 the owners of facilities for the storage of spent nuclear
11 fuel or high-level radioactive waste for others in this
12 State.
13 (6) A one-time charge of $280,000 for each facility in
14 this State housing a nuclear test and research reactor, to be
15 paid by the operator of the facility. However, this charge
16 shall not be required to be paid by any tax-supported
17 institution.
18 (7) A one-time charge of $50,000 for each facility in
19 this State for the chemical conversion of uranium, to be paid
20 by the owner of the facility.
21 (8) An annual fee of $150,000 per year for each facility
22 in this State housing a nuclear test and research reactor, to
23 be paid by the operator of the facility. However, this
24 annual fee shall not be required to be paid by any
25 tax-supported institution.
26 (9) An annual fee of $15,000 per year for each facility
27 in this State for the chemical conversion of uranium, to be
28 paid by the owner of the facility.
29 (10) A fee assessed at the rate of $1,000 per cask for
30 truck shipments and $2,000 per cask for rail shipments of
31 spent nuclear fuel or high-level radioactive waste received
32 at or departing from any nuclear power station or
33 away-from-reactor spent nuclear fuel or high-level
34 radioactive waste storage facility in this State to be paid
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1 by the owners of the facilities.
2 (11) A fee assessed at the rate of $1,000 per cask for
3 truck shipments and $2,000 per cask for rail shipments of
4 spent nuclear fuel or high-level radioactive waste traversing
5 the State to be paid by the owner of the shipments.
6 (12) In each of the State fiscal years 1988 through
7 1991, in addition to the annual fee provided for in
8 subparagraph (3), a fee of $400,000 for each nuclear power
9 reactor for which an operating license has been issued by the
10 NRC, to be paid by the owners of nuclear power reactors
11 operating in this State. Within 120 days after the end of
12 the State fiscal years ending June 30, 1988, June 30, 1989,
13 June 30, 1990, and June 30, 1991, the Department shall
14 determine the expenses of the Illinois Nuclear Safety
15 Preparedness Program paid from funds appropriated for those
16 fiscal years. When the aggregate of all fees, charges, and
17 surcharges collected under this Section during any fiscal
18 year exceeds the total expenditures under this Act from
19 appropriations for that fiscal year, the excess shall be
20 credited to the owners of nuclear power reactors who are
21 assessed fees under this subparagraph, and the credits shall
22 be applied against the fees to be collected under this
23 subparagraph for the subsequent fiscal year. Each owner shall
24 receive as a credit that amount of the excess that
25 corresponds proportionately to the amount the owner
26 contributed to all fees collected under this subparagraph in
27 the fiscal year that produced the excess.
28 (Source: P.A. 88-182; 89-336, eff. 8-17-95.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.