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[ House Amendment 001 ] |
92_HB3703 LRB9211154ACcd 1 AN ACT concerning nuclear safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Nuclear Safety Law of the 5 Civil Administrative Code of Illinois is amended by changing 6 Section 2005-70 as follows: 7 (20 ILCS 2005/2005-70) (was 20 ILCS 2005/71 in part) 8 Sec. 2005-70. Nuclear and radioactive materials 9 transportation plan. The Department shall formulate a 10 comprehensive plan regarding the transportation of nuclear 11 and radioactive materials in Illinois. The Department shall 12 have primary responsibility for all State governmental 13 regulation of the transportation of nuclear and radioactive 14 materials, insofar as the regulation pertains to the public 15 health and safety. This responsibility shall include but not 16 be limited to the authority to oversee and coordinate 17 regulatory functions performed by the Department of 18 Transportation, the Department of State Police, and the 19 Illinois Commerce Commission. 20 The Department shall study the adequacy of federal and 21 State regulation of vehicles transporting nuclear or 22 radioactive materials. The study shall include an assessment 23 of the necessity and feasibility of requiring (i) each 24 vehicle transporting nuclear or radioactive materials to 25 carry a manifest describing the type and amount of materials 26 being transported and (ii) each individual driving or 27 traveling with a vehicle transporting nuclear or radioactive 28 materials to undergo a security background check by 29 appropriate State and federal entities. Not later than 180 30 days after the effective date of this amendatory Act of the 31 92nd General Assembly, the Department shall amend its -2- LRB9211154ACcd 1 comprehensive plan to incorporate the findings of this study. 2 (Source: P.A. 90-14, eff. 7-1-97; 90-209, eff. 7-25-97; 3 91-239, eff. 1-1-00.) 4 Section 10. The Illinois Nuclear Safety Preparedness Act 5 is amended by adding Section 8.5 as follows: 6 (420 ILCS 5/8.5 new) 7 Sec. 8.5. Study of facility security. 8 (a) The Governor, in consultation with the Nuclear 9 Regulatory Commission, the Department of Nuclear Safety, the 10 Pollution Control Board, the Illinois Commerce Commission, 11 and other appropriate federal, State, and local agencies and 12 private entities, shall conduct a study to identify the types 13 of threats that pose an appreciable risk to the security of 14 the various classes of facilities licensed by the Nuclear 15 Regulatory Commission under the Atomic Energy Act of 1954. 16 (b) The study shall take into account the following 17 factors: 18 (1) The events of September 11, 2001. 19 (2) An assessment of physical, cyber, biochemical, 20 and other terrorist threats. 21 (3) The potential for attack on facilities by 22 multiple coordinated teams of a large number of 23 individuals. 24 (4) The potential for assistance in an attack from 25 several persons employed at the facility. 26 (5) The potential for suicide attacks. 27 (6) The potential for water-based and air-based 28 threats. 29 (7) The potential use of explosive devices of 30 considerable size and other modern weaponry. 31 (8) The potential for attacks by persons with a 32 sophisticated knowledge of facility operations. -3- LRB9211154ACcd 1 (9) The potential for fires, especially fires of 2 long duration. 3 (10) The potential for attacks on spent fuel 4 shipments by multiple coordinated teams of a large number 5 of individuals. 6 (c) Not later than 180 days after the effective date of 7 this amendatory Act of the 92nd General Assembly, the 8 Governor shall submit to the General Assembly, the Department 9 of Nuclear Safety, the Illinois Commerce Commission, and the 10 Pollution Control Board a report: 11 (1) summarizing the types of threats identified in 12 the study required under subsection (b); 13 (2) classifying each type of threat identified in 14 the study required under subsection (b), in accordance 15 with existing laws and regulations as either (i) 16 involving attacks and destructive acts, including 17 sabotage, directed against the facility by an enemy of 18 the United States, whether a foreign government or other 19 person, or otherwise falling under the responsibilities 20 of the federal or State government or (ii) involving the 21 type of risks that Nuclear Regulatory Commission 22 licensees should be responsible for guarding against; and 23 (3) suggesting regulatory or legislative action to 24 be taken by the State or federal government to address 25 the types of threats identified under subsection (b). 26 (d) Not later than 270 days after the date on which a 27 report is transmitted under subsection (b), the Department of 28 Nuclear Safety shall propose regulations to address the 29 suggestions contained in the Governor's report. 30 (e) The Department of Nuclear Safety shall establish an 31 operational safeguards response evaluation program that 32 ensures that the physical protection capability and 33 operational safeguards response for sensitive nuclear 34 facilities, as determined by the Department consistent with -4- LRB9211154ACcd 1 the protection of public health and the common defense and 2 security, shall be tested periodically through force-on-force 3 exercises approved or designed, observed, and evaluated by 4 the Nuclear Regulatory Commission to determine whether the 5 ability to defeat the design basis threat is being 6 maintained. For the purposes of this subsection, "sensitive 7 nuclear facilities" includes at a minimum commercial nuclear 8 power plants, including associated spent fuel storage 9 facilities, spent fuel storage pools and dry cask storage at 10 closed reactors, independent spent fuel storage facilities 11 and geologic repository operation areas, category I fuel 12 cycle facilities, and gaseous diffusion plants. 13 (f) In carrying out the requirements of this Section, 14 the Governor and the Department of Nuclear Safety shall 15 control the dissemination of restricted data, safeguard 16 information, and other classified national security 17 information in a manner so as to ensure the common defense 18 and security. 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.