State of Illinois
92nd General Assembly
Legislation

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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.

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