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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
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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
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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
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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.
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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.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.