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90_SB0817
420 ILCS 20/13 from Ch. 111 1/2, par. 241-13
Amends the Illinois Low-Level Radioactive Waste
Management Act to make technical changes. Effective
immediately.
LRB9002066DPcc
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1 AN ACT to amend the Illinois Low-Level Radioactive Waste
2 Management Act by changing Section 13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Low-Level Radioactive Waste
6 Management Act is amended by changing Section 13 as follows:
7 (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
8 Sec. 13. Waste fees.
9 (a) The Department shall collect a fee from each
10 generator of low-level radioactive wastes in this State.
11 Except as provided in subsections (b), (c), and (d), the
12 amount of the fee shall be $50.00 or the following amount,
13 whichever is greater:
14 (1) $1 per cubic foot of waste shipped for storage,
15 treatment or disposal if storage of the waste for
16 shipment occurred prior to September 7, 1984;
17 (2) $2 per cubic foot of waste stored for shipment
18 if storage of the waste occurs on or after September 7,
19 1984, but prior to October 1, 1985;
20 (3) $3 per cubic foot of waste stored for shipment
21 if storage of the waste occurs on or after October 1,
22 1985;
23 (4) $2 per cubic foot of waste shipped for storage,
24 treatment or disposal if storage of the waste for
25 shipment occurs on or after September 7, 1984 but prior
26 to October 1, 1985, provided that no fee has been
27 collected previously for storage of the waste.
28 (5) $3 per cubic foot of waste shipped for storage,
29 treatment or disposal if storage of the waste for
30 shipment occurs on or after October 1, 1985, provided
31 that no fees have been collected previously for storage
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1 of the waste.
2 Such fees shall be collected annually or as determined by
3 the Department and shall be deposited in the low-level
4 radioactive waste funds as provided in Section 14.
5 Notwithstanding any other provision of this Act, no fee under
6 this Section shall be collected from a generator for waste
7 generated incident to manufacturing before December 31, 1980,
8 and shipped for disposal outside of this State before
9 December 31, 1992, as part of a site reclamation leading to
10 license termination.
11 (b) Each nuclear power reactor in this State for which
12 an operating license has been issued by the Nuclear
13 Regulatory Commission shall not be subject to the fee
14 required by subsection (a) with respect to (1) waste stored
15 for shipment if storage of the waste occurs on or after
16 January 1, 1986; and (2) waste shipped for storage, treatment
17 or disposal if storage of the waste for shipment occurs on or
18 after January 1, 1986. In lieu of the fee, each reactor
19 shall be required to pay an annual fee of $90,000 for the
20 treatment, storage and disposal of low-level radioactive
21 waste. Fees shall be due and payable on January 1st of each
22 year, beginning January 1, 1986.
23 After September 15, 1987, for each nuclear power reactor
24 for which an operating license is issued after January 1, the
25 owner of each such reactor shall be required to pay for the
26 year in which the operating license is issued a prorated fee
27 equal to $246.57 multiplied by the number of days in the year
28 during which the nuclear power reactor will be licensed. The
29 prorated fee shall be due and payable 30 days after the
30 operating license is issued.
31 (c) In each of State fiscal years 1988, 1989 and 1990,
32 in addition to the fee imposed in subsections (b) and (d),
33 the owner of each nuclear power reactor in this State for
34 which an operating license has been issued by the Nuclear
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1 Regulatory Commission shall pay a fee of $408,000. If an
2 operating license is issued during one of those 3 fiscal
3 years, the owner shall pay a prorated amount of the fee equal
4 to $1,117.80 multiplied by the number of days in the fiscal
5 year during which the nuclear power reactor was licensed.
6 The fee shall be due and payable as follows: in fiscal
7 year 1988, $204,000 shall be paid on October 1, 1987 and
8 $102,000 shall be paid on each of January 1, 1988 and April
9 1, 1988; in fiscal year 1989, $102,000 shall be paid on each
10 of July 1, 1988, October 1, 1988, January 1, 1989 and April
11 1, 1989; and in fiscal year 1990, $102,000 shall be paid on
12 each of July 1, 1989, October 1, 1989, January 1, 1990 and
13 April 1, 1990. If the operating license is issued during one
14 of the 3 fiscal years, the owner shall be subject to those
15 payment dates, and their corresponding amounts, on which the
16 owner possesses an operating license and, on June 30 of the
17 fiscal year of issuance of the license, whatever amount of
18 the prorated fee remains outstanding.
19 All of the amounts collected by the Department under this
20 subsection (c) shall be deposited into the Low-Level
21 Radioactive Waste Facility Development and Operation Fund and
22 expended, subject to appropriation, for the purposes provided
23 in Section 10 of this Act.
24 (d) In addition to the fees imposed in subsections (b)
25 and (c), the owners of nuclear power reactors in this State
26 for which operating licenses have been issued by the Nuclear
27 Regulatory Commission shall pay the following fees for each
28 such nuclear power reactor: for State fiscal year 1989,
29 $325,000 payable on October 1, 1988, $162,500 payable on
30 January 1, 1989, and $162,500 payable on April 1, 1989; for
31 State fiscal year 1990, $162,500 payable on July 1, $300,000
32 payable on October 1, $300,000 payable on January 1 and
33 $300,000 payable on April 1; for State fiscal year 1991,
34 either (1) $150,000 payable on July 1, $650,000 payable on
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1 September 1, $675,000 payable on January 1, and $275,000
2 payable on April 1, or (2) $150,000 on July 1, $130,000 on
3 the first day of each month from August through December,
4 $225,000 on the first day of each month from January through
5 March and $92,000 on the first day of each month from April
6 through June; and for State fiscal year 1992, $260,000
7 payable on July 1, $900,000 payable on September 1, $300,000
8 payable on October 1, $150,000 payable on January 1, and
9 $100,000 payable on April 1; for State fiscal year 1993,
10 $100,000 payable on July 1, $230,000 payable on August 1 or
11 within 10 days after July 31, 1992, whichever is later, and
12 $355,000 payable on October 1; for State fiscal year 1994,
13 $100,000 payable on July 1, $75,000 payable on October 1 and
14 $75,000 payable on April 1; for State fiscal year 1995,
15 $100,000 payable on July 1, $75,000 payable on October 1, and
16 $75,000 payable on April 1, and for State fiscal year 1996,
17 $100,000 payable on July 1, $75,000 payable on October 1, and
18 $75,000 payable on April 1. If the payments under this
19 subsection for fiscal year 1993 due on January 1, 1993, or on
20 April 1, 1993, or both, were due before the effective date of
21 this amendatory Act of the 87th General Assembly, then those
22 payments are waived and need not be made.
23 All of the amounts collected by the Department under this
24 subsection (d) shall be deposited into the Low-Level
25 Radioactive Waste Facility Development and Operation Fund.
26 All payments made by licensees under this subsection (d)
27 for fiscal year 1992 that are not appropriated and obligated
28 by the Department above $1,750,000 per reactor in fiscal year
29 1992, shall be credited to the licensees making the payments
30 to reduce the per reactor fees required under this subsection
31 (d) for fiscal year 1993.
32 (e) The Department shall promulgate rules and
33 regulations establishing standards for the collection of the
34 fees authorized by this Section. The regulations shall
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1 include, but need not be limited to:
2 (1) the records necessary to identify the amounts
3 of low-level radioactive wastes produced;
4 (2) the form and submission of reports to accompany
5 the payment of fees to the Department; and
6 (3) the time and manner of payment of fees to the
7 Department, which payments shall not be more frequent
8 than quarterly.
9 (f) Any operating agreement entered into under
10 subsection (b) of Section 5 of this Act between the
11 Department and any facility operator shall, subject to the
12 provisions of this Act, authorize the operator to impose upon
13 and collect from persons using the facility fees, designed
14 and set at levels reasonably calculated to produce sufficient
15 revenues (1) to pay all costs and expenses properly incurred
16 or accrued in connection with, and properly allocated to,
17 performance of the operator's obligations under the operating
18 agreement, and (2) to provide reasonable and appropriate
19 compensation or profit to the operator under the operating
20 agreement. For purposes of this subsection (f), the term
21 "costs and expenses" may include, without limitation, (i)
22 direct and indirect costs and expenses for labor, services,
23 equipment, materials, insurance and other risk management
24 costs, interest and other financing charges, and taxes or
25 fees in lieu of taxes; (ii) payments to or required by the
26 United States, the State of Illinois or any agency or
27 department thereof, the Central Midwest Interstate Low-Level
28 Radioactive Waste Commission, and subject to the provisions
29 of this Section, any unit of local government; (iii)
30 amortization of capitalized costs with respect to the
31 facility and its development, including any capitalized
32 reserves; (iv) payments with respect to reserves, accounts,
33 escrows or trust funds required by law or otherwise provided
34 for under the operating agreement and (v) amounts required
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1 under subsection (g)(3) below. For purposes of this
2 subsection (b), any compensation agreed to by the Department
3 under an operating agreement with the operator shall be
4 conclusively presumed to be reasonable and appropriate
5 compensation. If the revenues received in any calendar year
6 are not sufficient to provide for and pay all properly
7 allocated costs and expenses properly incurred or accrued
8 during the year and to provide the compensation provided for
9 in the operating agreement, the fees established for the
10 following calendar year shall be increased by an amount or
11 amounts reasonably calculated to recover any such previously
12 unrecovered costs and expenses and provide such compensation.
13 If the revenues received during any calendar year exceed the
14 sum of all properly allocated costs and expenses properly
15 incurred or accrued during the year plus the compensation
16 provided for in the operation agreement, then the excess
17 revenues shall either be rebated to the facility users or be
18 applied to pay properly allocated costs and expenses incurred
19 or accrued and to provide the required compensation during
20 the following calendar year shall be reduced by an amount or
21 amounts reasonably calculated to reflect the availability of
22 the previously accumulated excess revenues, as the Department
23 shall determine.
24 (g) (1) Not later than 6 months before the date a
25 facility for which a license is required under Section 8
26 of this Act is expected first to be available for waste
27 storage, treatment or disposal, the operator of the
28 facility shall file with the Department an estimate of
29 the revenues required to pay its costs and expenses and
30 to provide the operator its reasonable and appropriate
31 compensation or profit for the first 12 months of
32 operation, all as reasonably estimated by the operator or
33 as determined under any applicable operating agreement
34 executed under subsection (g) of Section 10 of this Act,
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1 together with a proposed fee schedule for users of the
2 facility meeting the criteria set forth in paragraph (2)
3 of subsection (g) of this Section. The operation shall
4 mail a copy of its filing to each person who has paid any
5 fees provided for by subsections (a), (b), (c), and (d)
6 of Section 13 of this Act in the preceding 12 months.
7 (2) Not later than 3 months before the date any
8 facility is expected first to be available for waste
9 storage, treatment or disposal, the Department by rule
10 promulgated in accordance with the Illinois
11 Administrative Procedure Act shall provide for an initial
12 fee schedule for users of that facility. The fee schedule
13 shall fairly and equitable allocate among all users of
14 that facility the total revenues required by the operator
15 under subsection (f) and shall be based on the operator's
16 filing under subsection (g)(1). The fee schedule shall be
17 based upon factors such as volume, activity, physical,
18 chemical and biological form, toxicity and packaging of
19 waste to be received at the facility. The fee schedule
20 shall include surcharges or special fees designed to
21 equitably allocate the added costs attributable to the
22 special hazards of, special handling or treatment
23 required for, or other special features or factors
24 affecting, particular types or classes of waste or waste
25 packages. In addition, the fee schedule may include
26 surcharges, special fees, and penalties designed to
27 discourage delivery to the facility of waste, waste
28 forms, or waste packages in violation of applicable
29 Department rules and regulations and facility operating
30 procedures. All properly recoverable costs not recovered
31 by a surcharge or special fee shall be recovered by a
32 single uniform fee based on the volume of the waste
33 delivered.
34 (3) Every fee schedule adopted by the Department
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1 under this subsection (g) with respect to any disposal
2 facility that was developed in whole or in part through
3 the use of funds collected under subsection (c) of this
4 Section and drawn from Low-Level Radioactive Waste
5 Facility Development and Operation Fund established by
6 Section 14 of this Act shall include provisions for the
7 repayment of such funds used for the development of the
8 facility, together with reasonable interest determined by
9 the Department, over a time period not longer than the
10 expected operating life of the facility. The repayment
11 shall be in the form of credits to the generators that
12 originally contributed the funds against facility user
13 fees otherwise due and shall commence in the first full
14 calendar year during which any such facility is open for
15 and is accepting low-level radioactive waste for
16 disposal. The amount of the repayments to be made in any
17 calendar year shall be treated as an operating cost of
18 the facility for that year for the purpose of setting the
19 fees for that year.
20 (4) Every fee schedule with respect to any facility
21 that was developed in whole or in part through the use of
22 funds collected under subsections (a), (b), (c), or (d)
23 of this Section and drawn from the Low-Level Radioactive
24 Waste Facility Development and Operation Fund established
25 by Section 14 of this Act shall also provide surcharges,
26 in such amounts as the Department shall determine, for
27 collecting the amount of funds that would have been paid,
28 based on actual volume or projected volume of waste, from
29 any facility user that was not subject to or did not make
30 payment of the fees imposed by subsections (a), (b), (c),
31 or (d) of this Section. Such surcharges may be imposed as
32 a one-time access fee.
33 (5) An initial fee schedule provided for under
34 subsection (g)(2) of this Section shall become final when
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1 adopted by the Department as a rule in accordance with
2 the Illinois Administrative Procedure Act, provided that,
3 in the interim, the operator shall impose and facility
4 users shall pay fees based upon the fee schedule as first
5 published (or, in the absence of publication, as proposed
6 by the operator under subsection (g)(1) of this Section),
7 which fees shall be subject to adjustment when the final
8 rule becomes effective. Any change in the manner by which
9 the total revenue required by the operator is allocated
10 among the users of the facility shall be made by rule
11 adopted by the Department.
12 (h) No later than November 1 of each year which begins
13 12 months after the adoption of the initial fee schedule
14 provided for in subsection (g) of this Section, the operator
15 shall file with the Department an estimate of the revenues
16 required to pay its costs and expenses and to provide
17 compensation or profit for the next calendar year, all
18 determined in accordance with the provisions of this Act and
19 as required under any applicable operating agreement,
20 together with a fee schedule based on the Department rule
21 then in effect for allocating the total revenues required
22 among the users of the facility. The operator shall file a
23 copy of the estimate and the fee schedule with the Central
24 Midwest Interstate Low-Level Radioactive Waste Commission and
25 any facility user who generated 5 or more percent of the
26 volume of waste delivered to the facility in the previous 12
27 months. The Department shall cause the fee schedule to be
28 published in the official State newspaper and it shall be
29 effective upon publication.
30 (i) The Department shall periodically cause the Auditor
31 General or an independent certified public accounting firm to
32 perform an audit of the costs and expenses incurred or
33 accrued by the operator under the operating agreement. The
34 audit shall be made available for public inspection.
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1 (j) The operator shall consult at least annually with
2 each waste generator entitled to receive notice of the filing
3 of the fee schedule in order to determine the nature and
4 quantity of waste which that waste generator is expected to
5 deliver to the facility in the succeeding calendar year.
6 (k) Any facility for which a license is required under
7 Section 8 of this Act shall be subject to ad valorem real
8 estate taxes lawfully imposed by units of local government
9 and school districts with jurisdiction over the facility. No
10 other local government tax, surtax, fee or other charge on
11 activities at the facility shall be allowed except as
12 authorized by the Department.
13 (l) The Department shall have the power, in the event
14 that acceptance of waste for disposal at the facility is
15 suspended, delayed or interrupted, to impose emergency fees
16 on the generators of low-level radioactive waste. Generators
17 shall pay emergency fees within 30 days of receipt of notice
18 of the emergency fees. The Department shall deposit all of
19 the receipts of any fees collected under this Section into
20 the Low-Level Radioactive Waste Facility Development and
21 Operation Fund. Emergency fees may be used to mitigate the
22 impacts of the suspension or interruption of acceptance of
23 waste for disposal. The requirements for rulemaking in the
24 Illinois Administrative Procedure Act shall not apply to the
25 imposition of emergency fees under this subsection.
26 (m) The Department shall promulgate any other rules and
27 regulations as may be necessary to implement this Section.
28 (Source: P.A. 86-894; 86-1050; 87-137; 87-891; 87-1244.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.