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92_HB5720eng HB5720 Engrossed LRB9211776LBpr 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 Illinois Nuclear Safety Preparedness Act 5 is amended by changing Sections 4 and 7 as follows: 6 (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304) 7 Sec. 4. Nuclear accident plans; fees. Persons engaged 8 within this State in the production of electricity utilizing 9 nuclear energy, the operation of nuclear test and research 10 reactors, the chemical conversion of uranium, or the 11 transportation, storage or possession of spent nuclear fuel 12 or high-level radioactive waste shall pay fees to cover the 13 cost of establishing plans and programs to deal with the 14 possibility of nuclear accidents. Except as provided below, 15 the fees shall be used exclusively to fund those Departmental 16 and local government activities defined as necessary by the 17 Director to implement and maintain the plans and programs 18 authorized by this Act. Local governments incurring expenses 19 attributable to implementation and maintenance of the plans 20 and programs authorized by this Act may apply to the 21 Department for compensation for those expenses, and upon 22 approval by the Director of applications submitted by local 23 governments, the Department shall compensate local 24 governments from fees collected under this Section. 25 Compensation for local governments shall include $250,000 in 26 any year through fiscal year 1993, $275,000 in fiscal year 27 1994 and fiscal year 1995, $300,000 in fiscal year 1996, 28 $400,000 in fiscal year 1997, and $450,000 in fiscal year 29 1998 and thereafter. Appropriations to the Department of 30 Nuclear Safety for compensation to local governments from the 31 Nuclear Safety Emergency Preparedness Fund provided for in HB5720 Engrossed -2- LRB9211776LBpr 1 this Section shall not exceed $650,000 per State fiscal year. 2 Expenditures from these appropriations shall not exceed, in a 3 single State fiscal year, the annual compensation amount made 4 available to local governments under this Section, unexpended 5 funds made available for local government compensation in the 6 previous fiscal year, and funds recovered under the Illinois 7 Grant Funds Recovery Act during previous fiscal years. 8 Notwithstanding any other provision of this Act, the 9 expenditure limitation for fiscal year 1998 shall include the 10 additional $100,000 made available to local governments for 11 fiscal year 1997 under this amendatory Act of 1997. Any 12 funds within these expenditure limitations, including the 13 additional $100,000 made available for fiscal year 1997 under 14 this amendatory Act of 1997, that remain unexpended at the 15 close of business on June 30, 1997, and on June 30 of each 16 succeeding year, shall be excluded from the calculations of 17 credits under subparagraph (3) of this Section. The 18 Department shall, by rule, determine the method for 19 compensating local governments under this Section. In 20 addition, a portion of the fees collected may be appropriated 21 to the Illinois Emergency Management Agency for activities 22 associated with preparing and implementing plans to deal with 23 the effects of nuclear accidents. The appropriation shall not 24 exceed $500,000 in any year preceding fiscal year 1996; the 25 appropriation shall not exceed $625,000 in fiscal year 1996, 26 $725,000 in fiscal year 1997, and $775,000 in fiscal year 27 1998 and thereafter. The fees shall consist of the following: 28 (1) A one-time charge of $590,000 per nuclear power 29 station in this State to be paid by the owners of the 30 stations. 31 (2) An additional charge of $240,000 per nuclear power 32 station for which a fee under subparagraph (1) was paid 33 before June 30, 1982. 34 (3) Through June 30, 1982, an annual fee of $75,000 per HB5720 Engrossed -3- LRB9211776LBpr 1 year for each nuclear power reactor for which an operating 2 license has been issued by the NRC, and after June 30, 1982, 3 and through June 30, 1984 an annual fee of $180,000 per year 4 for each nuclear power reactor for which an operating license 5 has been issued by the NRC, and after June 30, 1984, and 6 through June 30, 1991, an annual fee of $400,000 for each 7 nuclear power reactor for which an operating license has been 8 issued by the NRC, to be paid by the owners of nuclear power 9 reactors operating in this State. After June 30, 1991, the 10 owners of nuclear power reactors in this State for which 11 operating licenses have been issued by the NRC shall pay the 12 following fees for each such nuclear power reactor: for State 13 fiscal year 1992, $925,000; for State fiscal year 1993, 14 $975,000; for State fiscal year 1994; $1,010,000; for State 15 fiscal year 1995, $1,060,000; for State fiscal years 1996 and 16 1997, $1,110,000; for State fiscal year 1998, $1,314,000; for 17 State fiscal year 1999, $1,368,000; for State fiscal year 18 2000, $1,404,000; for State fiscal year 2001, $1,696,455; for 19 State fiscal year 2002, $1,730,636; for State fiscal year 20 2003 and subsequent fiscal years, $1,757,727. Within 120 days 21 after the end of the State fiscal year, the Department shall 22 determine, from the records of the Office of the Comptroller, 23 the balance in the Nuclear Safety Emergency Preparedness 24 Fund. When the balance in the fund, less any fees collected 25 under this Section prior to their being due and payable for 26 the succeeding fiscal year or years, exceeds $400,000 at the 27 close of business on June 30, 1993, 1994, 1995, 1996, 1997, 28 and 1998, or exceeds $500,000 at the close of business on 29 June 30, 1999 and June 30 of each succeeding year, the excess 30 shall be credited to the owners of nuclear power reactors who 31 are assessed fees under this subparagraph. Credits shall be 32 applied against the fees to be collected under this 33 subparagraph for the subsequent fiscal year. Each owner 34 shall receive as a credit that amount of the excess which HB5720 Engrossed -4- LRB9211776LBpr 1 corresponds proportionately to the amount the owner 2 contributed to all fees collected under this subparagraph in 3 the fiscal year that produced the excess. 4 (3.5) The owner of a nuclear power reactor that notifies 5 the Nuclear Regulatory Commission that the nuclear power 6 reactor has permanently ceased operations during State fiscal 7 year 1998 shall pay the following fees for each such nuclear 8 power reactor: $1,368,000 for State fiscal year 1999 and 9 $1,404,000 for State fiscal year 2000. 10 (4) A capital expenditure surcharge of $1,400,000 per 11 nuclear power station in this State, whether operating or 12 under construction, shall be paid by the owners of the 13 station. 14 (5) An annual fee of $25,000 per year for each site for 15 which a valid operating license has been issued by NRC for 16 the operation of an away-from-reactor spent nuclear fuel or 17 high-level radioactive waste storage facility, to be paid by 18 the owners of facilities for the storage of spent nuclear 19 fuel or high-level radioactive waste for others in this 20 State. 21 (6) A one-time charge of $280,000 for each facility in 22 this State housing a nuclear test and research reactor, to be 23 paid by the operator of the facility. However, this charge 24 shall not be required to be paid by any tax-supported 25 institution. 26 (7) A one-time charge of $50,000 for each facility in 27 this State for the chemical conversion of uranium, to be paid 28 by the owner of the facility. 29 (8) An annual fee of $150,000 per year for each facility 30 in this State housing a nuclear test and research reactor, to 31 be paid by the operator of the facility. However, this 32 annual fee shall not be required to be paid by any 33 tax-supported institution. 34 (9) An annual fee of $15,000 per year for each facility HB5720 Engrossed -5- LRB9211776LBpr 1 in this State for the chemical conversion of uranium, to be 2 paid by the owner of the facility. 3 (10) A fee assessed at the rate of $2,500 per truck for 4 each truck shipment and $4,500 for the first cask and $3,000 5 for each additional cask for each rail shipment of spent 6 nuclear fuel, high-level radioactive waste, or transuranic 7 waste received at or departing from any nuclear power station 8 or away-from-reactor spent nuclear fuel, high-level 9 radioactive waste, or transuranic waste storage facility in 10 this State to be paid by the shipper of the spent nuclear 11 fuel, high level radioactive waste, or transuranic waste. 12Single caskTruck shipments of greater than 250 miles in 13 Illinois are subject to a surcharge of $25 per mile over 250 14 miles for each truck in the shipmentthe first truck in each15shipment. The amount of fees collected each fiscal year 16 under this subparagraph shall be excluded from the 17 calculation of credits under subparagraph (3) of this 18 Section. 19 (11) A fee assessed at the rate of $2,500 per truck for 20 each truck shipment and $4,500 for the first cask and $3,000 21 for each additional cask for each rail shipment of spent 22 nuclear fuel, high-level radioactive waste, or transuranic 23 waste traversing the State to be paid by the shipper of the 24 spent nuclear fuel, high level radioactive waste, or 25 transuranic waste.Single caskTruck shipments of greater 26 than 250 miles in Illinois are subject to a surcharge of $25 27 per mile over 250 miles for each truck in the shipmentthe28first truck in each shipment. The amount of fees collected 29 each fiscal year under this subparagraph shall be excluded 30 from the calculation of credits under subparagraph (3) of 31 this Section. 32 (12) In each of the State fiscal years 1988 through 33 1991, in addition to the annual fee provided for in 34 subparagraph (3), a fee of $400,000 for each nuclear power HB5720 Engrossed -6- LRB9211776LBpr 1 reactor for which an operating license has been issued by the 2 NRC, to be paid by the owners of nuclear power reactors 3 operating in this State. Within 120 days after the end of 4 the State fiscal years ending June 30, 1988, June 30, 1989, 5 June 30, 1990, and June 30, 1991, the Department shall 6 determine the expenses of the Illinois Nuclear Safety 7 Preparedness Program paid from funds appropriated for those 8 fiscal years. When the aggregate of all fees, charges, and 9 surcharges collected under this Section during any fiscal 10 year exceeds the total expenditures under this Act from 11 appropriations for that fiscal year, the excess shall be 12 credited to the owners of nuclear power reactors who are 13 assessed fees under this subparagraph, and the credits shall 14 be applied against the fees to be collected under this 15 subparagraph for the subsequent fiscal year. Each owner shall 16 receive as a credit that amount of the excess that 17 corresponds proportionately to the amount the owner 18 contributed to all fees collected under this subparagraph in 19 the fiscal year that produced the excess. 20 (Source: P.A. 90-34, eff. 6-27-97; 90-601, eff. 6-26-98; 21 91-47, eff. 6-30-99; 91-857, eff. 6-22-00.) 22 (420 ILCS 5/7) (from Ch. 111 1/2, par. 4307) 23 Sec. 7. All monies received by the Department under this 24 Act shall be deposited in the State Treasury and shall be set 25 apart in a special fund to be known as the "Nuclear Safety 26 Emergency Preparedness Fund". All monies within the Nuclear 27 Safety Emergency Preparedness Fund shall be invested by the 28 State Treasurer in accordance with established investment 29 practices. Interest earned by such investment shall be 30 returned to the Nuclear Safety Emergency Preparedness Fund. 31 Monies deposited in this fund shall be expended by the 32 Director only to support the activities of the Illinois 33 Nuclear Safety Preparedness Program, including activities of HB5720 Engrossed -7- LRB9211776LBpr 1 the Illinois State Police and the Illinois Commerce 2 Commission under Section 8(a)(9).as provided under rules of3the Department.4 (Source: P.A. 90-601, eff. 6-26-98.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.