Public Act 90-0034 of the 90th General Assembly
Public Act 90-0034
HB1457 Enrolled LRB9002889DPpk
AN ACT to amend the Illinois Nuclear Safety Preparedness
Act by changing Section 4.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Nuclear Safety Preparedness Act
is amended by changing Section 4 as follows:
(420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
Sec. 4. Nuclear accident plans; fees. Persons engaged
within this State in the production of electricity utilizing
nuclear energy, the operation of nuclear test and research
reactors, the chemical conversion of uranium, or the
transportation, storage or possession of spent nuclear fuel
or high-level radioactive waste shall pay fees to cover the
cost of establishing plans and programs to deal with the
possibility of nuclear accidents. Except as provided below,
the fees shall be used exclusively to fund those Departmental
and local government activities defined as necessary by the
Director to implement and maintain the plans and programs
authorized by this Act. Local governments incurring expenses
attributable to implementation and maintenance of the plans
and programs authorized by this Act may apply to the
Department for compensation for those expenses, and upon
approval by the Director of applications claims submitted by
local governments, the Department shall compensate local
governments from fees collected under this Section.
Compensation for local governments shall include, except that
the compensation, in the aggregate, shall not exceed $250,000
in any year through fiscal year 1993, $275,000 in fiscal year
1994 and fiscal year 1995, and $300,000 in fiscal year 1996,
$400,000 in fiscal year 1997, and $450,000 in fiscal year
1998 and thereafter. Appropriations to the Department of
Nuclear Safety for compensation to local governments from the
Nuclear Safety Emergency Preparedness Fund provided for in
this Section shall not exceed $650,000 per State fiscal year.
Expenditures from these appropriations shall not exceed, in a
single State fiscal year, the annual compensation amount made
available to local governments under this Section, unexpended
funds made available for local government compensation in the
previous fiscal year, and funds recovered under the Illinois
Grant Funds Recovery Act during previous fiscal years.
Notwithstanding any other provision of this Act, the
expenditure limitation for fiscal year 1998 shall include the
additional $100,000 made available to local governments for
fiscal year 1997 under this amendatory Act of 1997. Any
funds within these expenditure limitations, including the
additional $100,000 made available for fiscal year 1997 under
this amendatory Act of 1997, that remain unexpended at the
close of business on June 30, 1997, and on June 30 of each
succeeding year, shall be excluded from the calculations of
credit under item (3) of this Section. The Department shall,
by rule, determine the method for compensating local
governments under this Section. In addition, a portion of the
fees collected may be appropriated to the Illinois Emergency
Management Agency for activities associated with preparing
and implementing plans to deal with the effects of nuclear
accidents. The appropriation shall not exceed $500,000 in any
year preceding fiscal year 1996; the appropriation shall not
exceed $625,000 in fiscal year 1996, $725,000 in fiscal year
1997, and $775,000 in fiscal year 1998 and thereafter. The
fees shall consist of the following:
(1) A one-time charge of $590,000 per nuclear power
station in this State to be paid by the owners of the
stations.
(2) An additional charge of $240,000 per nuclear power
station for which a fee under subparagraph (1) was paid
before June 30, 1982.
(3) Through June 30, 1982, an annual fee of $75,000 per
year for each nuclear power reactor for which an operating
license has been issued by the NRC, and after June 30, 1982,
and through June 30, 1984 an annual fee of $180,000 per year
for each nuclear power reactor for which an operating license
has been issued by the NRC, and after June 30, 1984, and
through June 30, 1991, an annual fee of $400,000 for each
nuclear power reactor for which an operating license has been
issued by the NRC, to be paid by the owners of nuclear power
reactors operating in this State. After June 30, 1991, the
owners of nuclear power reactors in this State for which
operating licenses have been issued by the NRC shall pay the
following fees for each such nuclear power reactor: for State
fiscal year 1992, $925,000; for State fiscal year 1993,
$975,000; for State fiscal year 1994; $1,010,000; for State
fiscal year 1995, $1,060,000; and for State fiscal years year
1996 and 1997 subsequent fiscal years, $1,110,000; for State
fiscal year 1998, $1,314,000; for State fiscal year 1999,
$1,368,000; for State fiscal year 2000, $1,404,000; for State
fiscal year 2001, $1,447,000; for State fiscal year 2002,
$1,499,000; for State fiscal year 2003 and subsequent fiscal
years, $1,545,000. Within 120 days after the end of the State
fiscal year years ending June 30, 1993, June 30, 1994, June
30, 1995, and June 30, 1996, the Department shall determine,
from the records of the Office of the Comptroller, the
balance in the Nuclear Safety Emergency Preparedness Fund.
When the balance in the fund, less any fees collected under
this Section prior to their being due and payable for the
succeeding fiscal year or years, exceeds $400,000 at the
close of business on June 30, 1993, 1994, 1995, 1996, 1997,
and 1998, or exceeds $500,000 at the close of business on
June 30, 1999 and June 30 of each succeeding year, the excess
shall be credited to the owners of nuclear power reactors who
are assessed fees under this subparagraph. , and the Credits
shall be applied against the fees to be collected under this
subparagraph for the subsequent fiscal year. Each owner
shall receive as a credit that amount of the excess which
corresponds proportionately to the amount the owner
contributed to all fees collected under this subparagraph in
the fiscal year that produced the excess.
(4) A capital expenditure surcharge of $1,400,000 per
nuclear power station in this State, whether operating or
under construction, shall be paid by the owners of the
station.
(5) An annual fee of $25,000 per year for each site for
which a valid operating license has been issued by NRC for
the operation of an away-from-reactor spent nuclear fuel or
high-level radioactive waste storage facility, to be paid by
the owners of facilities for the storage of spent nuclear
fuel or high-level radioactive waste for others in this
State.
(6) A one-time charge of $280,000 for each facility in
this State housing a nuclear test and research reactor, to be
paid by the operator of the facility. However, this charge
shall not be required to be paid by any tax-supported
institution.
(7) A one-time charge of $50,000 for each facility in
this State for the chemical conversion of uranium, to be paid
by the owner of the facility.
(8) An annual fee of $150,000 per year for each facility
in this State housing a nuclear test and research reactor, to
be paid by the operator of the facility. However, this
annual fee shall not be required to be paid by any
tax-supported institution.
(9) An annual fee of $15,000 per year for each facility
in this State for the chemical conversion of uranium, to be
paid by the owner of the facility.
(10) A fee assessed at the rate of $1,000 per cask for
truck shipments and $2,000 per cask for rail shipments of
spent nuclear fuel or high-level radioactive waste received
at or departing from any nuclear power station or
away-from-reactor spent nuclear fuel or high-level
radioactive waste storage facility in this State to be paid
by the owners of the facilities.
(11) A fee assessed at the rate of $1,000 per cask for
truck shipments and $2,000 per cask for rail shipments of
spent nuclear fuel or high-level radioactive waste traversing
the State to be paid by the owner of the shipments.
(12) In each of the State fiscal years 1988 through
1991, in addition to the annual fee provided for in
subparagraph (3), a fee of $400,000 for each nuclear power
reactor for which an operating license has been issued by the
NRC, to be paid by the owners of nuclear power reactors
operating in this State. Within 120 days after the end of
the State fiscal years ending June 30, 1988, June 30, 1989,
June 30, 1990, and June 30, 1991, the Department shall
determine the expenses of the Illinois Nuclear Safety
Preparedness Program paid from funds appropriated for those
fiscal years. When the aggregate of all fees, charges, and
surcharges collected under this Section during any fiscal
year exceeds the total expenditures under this Act from
appropriations for that fiscal year, the excess shall be
credited to the owners of nuclear power reactors who are
assessed fees under this subparagraph, and the credits shall
be applied against the fees to be collected under this
subparagraph for the subsequent fiscal year. Each owner shall
receive as a credit that amount of the excess that
corresponds proportionately to the amount the owner
contributed to all fees collected under this subparagraph in
the fiscal year that produced the excess.
(Source: P.A. 88-182; 89-336, eff. 8-17-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.