State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

90_HB1457enr

      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
HB1457 Enrolled                                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.  Appropriations  to  the  Department  of
HB1457 Enrolled            -2-                 LRB9002889DPpk
 1    Nuclear Safety for compensation to local governments from the
 2    Nuclear  Safety  Emergency  Preparedness Fund provided for in
 3    this Section shall not exceed $650,000 per State fiscal year.
 4    Expenditures from these appropriations shall not exceed, in a
 5    single State fiscal year, the annual compensation amount made
 6    available to local governments under this Section, unexpended
 7    funds made available for local government compensation in the
 8    previous fiscal year, and funds recovered under the  Illinois
 9    Grant  Funds  Recovery  Act  during  previous  fiscal  years.
10    Notwithstanding   any   other  provision  of  this  Act,  the
11    expenditure limitation for fiscal year 1998 shall include the
12    additional $100,000 made available to local  governments  for
13    fiscal  year  1997  under  this  amendatory Act of 1997.  Any
14    funds within these  expenditure  limitations,  including  the
15    additional $100,000 made available for fiscal year 1997 under
16    this  amendatory  Act  of 1997, that remain unexpended at the
17    close of business on June 30, 1997, and on June  30  of  each
18    succeeding  year,  shall be excluded from the calculations of
19    credit under item (3) of this Section.  The Department shall,
20    by  rule,  determine  the  method  for   compensating   local
21    governments under this Section. In addition, a portion of the
22    fees  collected may be appropriated to the Illinois Emergency
23    Management Agency for activities  associated  with  preparing
24    and  implementing  plans  to deal with the effects of nuclear
25    accidents. The appropriation shall not exceed $500,000 in any
26    year preceding fiscal year 1996; the appropriation shall  not
27    exceed  $625,000 in fiscal year 1996, $725,000 in fiscal year
28    1997, and $775,000 in fiscal year 1998  and  thereafter.  The
29    fees shall consist of the following:
30        (1)  A  one-time  charge  of  $590,000  per nuclear power
31    station in this State  to  be  paid  by  the  owners  of  the
32    stations.
33        (2)  An  additional  charge of $240,000 per nuclear power
34    station for which a  fee  under  subparagraph  (1)  was  paid
HB1457 Enrolled            -3-                 LRB9002889DPpk
 1    before June 30, 1982.
 2        (3)  Through  June 30, 1982, an annual fee of $75,000 per
 3    year for each nuclear power reactor for  which  an  operating
 4    license  has been issued by the NRC, and after June 30, 1982,
 5    and through June 30, 1984 an annual fee of $180,000 per  year
 6    for each nuclear power reactor for which an operating license
 7    has  been  issued  by  the  NRC, and after June 30, 1984, and
 8    through June 30, 1991, an annual fee  of  $400,000  for  each
 9    nuclear power reactor for which an operating license has been
10    issued  by the NRC, to be paid by the owners of nuclear power
11    reactors operating in this State. After June  30,  1991,  the
12    owners  of  nuclear  power  reactors  in this State for which
13    operating licenses have been issued by the NRC shall pay  the
14    following fees for each such nuclear power reactor: for State
15    fiscal  year  1992,  $925,000;  for  State  fiscal year 1993,
16    $975,000; for State fiscal year 1994; $1,010,000;  for  State
17    fiscal year 1995, $1,060,000; and for State fiscal years year
18    1996  and 1997 subsequent fiscal years, $1,110,000; for State
19    fiscal year 1998, $1,314,000; for  State  fiscal  year  1999,
20    $1,368,000; for State fiscal year 2000, $1,404,000; for State
21    fiscal  year  2001,  $1,447,000;  for State fiscal year 2002,
22    $1,499,000; for State fiscal year 2003 and subsequent  fiscal
23    years, $1,545,000. Within 120 days after the end of the State
24    fiscal  year  years ending June 30, 1993, June 30, 1994, June
25    30, 1995, and June 30, 1996, the Department shall  determine,
26    from  the  records  of  the  Office  of  the Comptroller, the
27    balance in the Nuclear Safety  Emergency  Preparedness  Fund.
28    When  the  balance in the fund, less any fees collected under
29    this Section prior to their being due  and  payable  for  the
30    succeeding  fiscal  year  or  years,  exceeds $400,000 at the
31    close of business on June 30, 1993, 1994, 1995,  1996,  1997,
32    and  1998,  or  exceeds  $500,000 at the close of business on
33    June 30, 1999 and June 30 of each succeeding year, the excess
34    shall be credited to the owners of nuclear power reactors who
HB1457 Enrolled            -4-                 LRB9002889DPpk
 1    are assessed fees under this subparagraph. , and the  Credits
 2    shall  be applied against the fees to be collected under this
 3    subparagraph for the  subsequent  fiscal  year.   Each  owner
 4    shall  receive  as  a  credit that amount of the excess which
 5    corresponds  proportionately  to   the   amount   the   owner
 6    contributed  to all fees collected under this subparagraph in
 7    the fiscal year that produced the excess.
 8        (4)  A capital expenditure surcharge  of  $1,400,000  per
 9    nuclear  power  station  in  this State, whether operating or
10    under construction, shall  be  paid  by  the  owners  of  the
11    station.
12        (5)  An  annual fee of $25,000 per year for each site for
13    which a valid operating license has been issued  by  NRC  for
14    the  operation  of an away-from-reactor spent nuclear fuel or
15    high-level radioactive waste storage facility, to be paid  by
16    the  owners  of  facilities  for the storage of spent nuclear
17    fuel or high-level  radioactive  waste  for  others  in  this
18    State.
19        (6)  A  one-time  charge of $280,000 for each facility in
20    this State housing a nuclear test and research reactor, to be
21    paid by the operator of the facility.  However,  this  charge
22    shall  not  be  required  to  be  paid  by  any tax-supported
23    institution.
24        (7)  A one-time charge of $50,000 for  each  facility  in
25    this State for the chemical conversion of uranium, to be paid
26    by the owner of the facility.
27        (8)  An annual fee of $150,000 per year for each facility
28    in this State housing a nuclear test and research reactor, to
29    be  paid  by  the  operator  of  the facility.  However, this
30    annual  fee  shall  not  be  required  to  be  paid  by   any
31    tax-supported institution.
32        (9)  An  annual fee of $15,000 per year for each facility
33    in this State for the chemical conversion of uranium,  to  be
34    paid by the owner of the facility.
HB1457 Enrolled            -5-                 LRB9002889DPpk
 1        (10)  A  fee  assessed at the rate of $1,000 per cask for
 2    truck shipments and $2,000 per cask  for  rail  shipments  of
 3    spent  nuclear  fuel or high-level radioactive waste received
 4    at  or  departing  from  any   nuclear   power   station   or
 5    away-from-reactor    spent   nuclear   fuel   or   high-level
 6    radioactive waste storage facility in this State to  be  paid
 7    by the owners of the facilities.
 8        (11)  A  fee  assessed at the rate of $1,000 per cask for
 9    truck shipments and $2,000 per cask  for  rail  shipments  of
10    spent nuclear fuel or high-level radioactive waste traversing
11    the State to be paid by the owner of the shipments.
12        (12)  In  each  of  the  State  fiscal years 1988 through
13    1991,  in  addition  to  the  annual  fee  provided  for   in
14    subparagraph  (3),  a  fee of $400,000 for each nuclear power
15    reactor for which an operating license has been issued by the
16    NRC, to be paid by  the  owners  of  nuclear  power  reactors
17    operating  in  this  State.  Within 120 days after the end of
18    the State fiscal years ending June 30, 1988, June  30,  1989,
19    June  30,  1990,  and  June  30,  1991,  the Department shall
20    determine  the  expenses  of  the  Illinois  Nuclear   Safety
21    Preparedness  Program  paid from funds appropriated for those
22    fiscal years.  When the aggregate of all fees,  charges,  and
23    surcharges  collected  under  this  Section during any fiscal
24    year exceeds the  total  expenditures  under  this  Act  from
25    appropriations  for  that  fiscal  year,  the excess shall be
26    credited to the owners of  nuclear  power  reactors  who  are
27    assessed  fees under this subparagraph, and the credits shall
28    be applied against  the  fees  to  be  collected  under  this
29    subparagraph for the subsequent fiscal year. Each owner shall
30    receive   as   a  credit  that  amount  of  the  excess  that
31    corresponds  proportionately  to   the   amount   the   owner
32    contributed  to all fees collected under this subparagraph in
33    the fiscal year that produced the excess.
34    (Source: P.A. 88-182; 89-336, eff. 8-17-95.)
HB1457 Enrolled            -6-                 LRB9002889DPpk
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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