State of Illinois
90th General Assembly
Legislation

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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.
                                                     LRB9002889DPpk
                                               LRB9002889DPpk
 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
                            -2-                LRB9002889DPpk
 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
                            -3-                LRB9002889DPpk
 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
                            -4-                LRB9002889DPpk
 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
                            -5-                LRB9002889DPpk
 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.

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