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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| comprehensive plan regarding disposal of nuclear and |
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| radioactive materials in this State. The Illinois Emergency |
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| Management Agency shall establish minimum standards for |
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| disposal sites, shall evaluate and publicize potential effects |
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| on the public health and safety, and shall report to the |
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| Governor and General Assembly all violations of the adopted |
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| standards. In carrying out this function, the Illinois |
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| Emergency Management Agency shall work in cooperation with the |
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| Radiation Protection Advisory Council. |
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| Section 15. Radiation sources; radioactive waste disposal. |
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| The Illinois Emergency Management Agency, instead of the |
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| Department of Nuclear Safety, shall register, license, |
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| inspect, and control radiation sources, shall purchase, lease, |
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| accept, or acquire lands, buildings, and grounds where |
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| radioactive wastes can be disposed, and shall supervise and |
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| regulate the operation of the disposal sites. |
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| Section 20. Nuclear waste sites. |
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| (a) The Illinois Emergency Management Agency shall conduct |
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| a survey and prepare and publish a list of sites in the State |
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| where nuclear waste has been deposited, treated, or stored.
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| (b) The Illinois Emergency Management Agency shall monitor
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| radioactive waste processing, use, handling, storage, and |
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| disposal practices
in the State, and shall determine existing |
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| and expected rates of production of nuclear wastes.
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| (c) The Illinois Emergency Management Agency shall compile |
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| and make available to the public an annual report identifying |
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| the type and quantities of radioactive waste generated, stored, |
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| treated, or disposed of within this State and containing the |
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| other information required to be collected under this Section.
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| Section 25. Boiler and pressure vessel safety. The Illinois |
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| Emergency Management Agency shall exercise, administer, and |
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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| enforce all of the following rights, powers, and duties:
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| (1) Rights, powers, and duties vested in the Department |
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| of Nuclear Safety by the Boiler and Pressure Vessel Safety |
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| Act prior to the abolishment of the Department of Nuclear |
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| Safety, to the extent the rights, powers, and duties relate |
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| to nuclear steam-generating facilities.
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| (2) Rights, powers, and duties relating to nuclear |
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| steam-generating facilities vested in the Department of |
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| Nuclear Safety by the Boiler and Pressure Vessel Safety Act |
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| prior to the abolishment of the Department of Nuclear |
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| Safety, which include but are not limited to the |
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| formulation of definitions, rules, and regulations for the |
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| safe and proper construction, installation, repair, use, |
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| and operation of nuclear steam-generating facilities, the |
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| adoption of rules for already installed nuclear |
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| steam-generating facilities, the adoption of rules for |
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| accidents in nuclear steam-generating facilities, the |
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| examination for or suspension of inspectors' licenses of |
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| the facilities, and the hearing of appeals from decisions |
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| relating to the facilities.
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(3) Rights, powers, and duties relating to nuclear |
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| steam-generating facilities, vested in the State Fire |
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| Marshal, the Chief Inspector, or the Department of Nuclear |
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| Safety prior to its abolishment, by the Boiler and Pressure |
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| Vessel Safety Act, which include but are not limited to the |
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| employment of inspectors of nuclear steam-generating |
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| facilities, issuance or suspension of their commissions, |
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| prosecution of the Act or rules promulgated thereunder for |
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| violations by nuclear steam-generating facilities, |
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| maintenance of inspection records of all the facilities, |
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| publication of rules relating to the facilities, having |
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| free access to the facilities, issuance of inspection |
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| certificates of the facilities, and the furnishing of bonds |
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| conditioned upon the faithful performance of their duties. |
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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| The Director of Illinois Emergency Management Agency may |
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| designate a Chief Inspector, or other inspectors, as he or |
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| she deems necessary to perform the functions transferred by |
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| this Section.
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| The transfer of rights, powers, and duties specified in |
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| paragraphs (1), (2), and (3) is limited to the program |
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| transferred by this Act and shall not be deemed to abolish or |
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| diminish the exercise of those same rights, powers, and duties |
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| by the Office of the State Fire Marshal, the Board of Boiler |
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| and Pressure Vessel Rules, the State Fire Marshal, or the Chief |
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| Inspector with respect to programs retained by the Office of |
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| the State Fire Marshal.
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| Section 30. Powers vested in Environmental Protection |
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| Agency. |
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| (a) The Illinois Emergency Management Agency shall |
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| exercise, administer, and enforce all rights, powers, and |
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| duties vested in the Environmental Protection Agency by |
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| paragraphs a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, |
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| and r of Section 4 and by Sections 30 through 45 of the |
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| Environmental Protection Act, to the extent that these powers |
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| relate to standards of the Pollution Control Board adopted |
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| under Section 35 of this Act. The transfer of rights, powers, |
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| and duties specified in this Section is limited to the programs |
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| transferred by Public Act 81-1516 and this Act and shall not be |
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| deemed to abolish or diminish the exercise of those same |
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| rights, powers, and duties by the Environmental Protection |
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| Agency with respect to programs retained by the Environmental |
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| Protection Agency.
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| (b) Notwithstanding provisions in Sections 4 and 17.7 of |
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| the Environmental Protection Act, the Environmental Protection |
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| Agency is not required to perform analytical services for |
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| community water supplies to determine compliance with |
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| contaminant levels for radionuclides as specified in State or |
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09300HB5042ham001 |
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| federal drinking water regulations.
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| (c) Community water supplies may request the Illinois |
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| Emergency Management Agency to perform analytical services to |
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| determine compliance with contaminant levels for radionuclides |
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| as specified in State or federal drinking water regulations. |
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| The Illinois Emergency Management Agency must adopt rules |
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| establishing reasonable fees reflecting the direct and |
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| indirect cost of testing community water supply samples. The |
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| rules may require a community water supply to commit to |
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| participation in the Illinois Emergency Management Agency's |
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| testing program. Neither the Illinois Emergency Management |
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| Agency nor the Environmental Protection Agency is required to |
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| perform analytical services to determine contaminant levels |
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| for radionuclides from any community water supply that does not |
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| participate in the Illinois Emergency Management Agency's |
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| testing program.
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| Community water supplies that choose not to participate in |
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| the Illinois Emergency Management Agency's testing program or |
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| do not pay
the fees established by the Illinois Emergency |
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| Management Agency shall have the duty to analyze all drinking |
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| water samples as required by State or federal safe drinking |
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| water regulations to determine radionuclide contaminant |
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| levels.
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| Section 35. Pollution Control Board regulations concerning |
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| nuclear plants. The Illinois Emergency Management Agency shall |
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| enforce the regulations promulgated by the Pollution Control |
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| Board under Section 25b of the Environmental Protection Act. |
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| Under these regulations the Illinois Emergency Management |
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| Agency shall require that a person, corporation, or public |
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| authority intending to construct a nuclear steam-generating |
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| facility or a nuclear fuel reprocessing plant file with the |
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| Illinois Emergency Management Agency an environmental |
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| feasibility report that incorporates the data provided in the |
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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| preliminary safety analysis required to be filed with the |
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| United States Nuclear Regulatory Commission. |
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| Section 40. Regulation of nuclear safety. The Illinois |
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| Emergency Management Agency shall have primary responsibility |
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| for the coordination and oversight of all State governmental |
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| functions concerning the regulation of nuclear power, |
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| including low level waste management, environmental |
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| monitoring, and transportation of nuclear waste. Functions |
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| performed by the Department of State Police and the Department |
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| of Transportation in the area of nuclear safety, on the |
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| effective date of this Act, may continue to be performed by |
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| these agencies but under the direction of the Illinois |
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| Emergency Management Agency. All other governmental functions |
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| regulating nuclear safety shall be coordinated by Illinois |
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| Emergency Management Agency. |
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| Section 45. Appointment of Assistant Director. The |
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| Assistant Director shall be an officer appointed by the |
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| Governor, with the advice and consent of the
Senate, and shall |
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| serve for a term of 2 years beginning on the third Monday in |
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| January of the odd-numbered year, and until a successor is |
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| appointed and has qualified; except that the first Assistant |
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| Director under this Act shall be the Director of the Department |
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| of Nuclear Safety. The Assistant Director shall not hold any |
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| other remunerative public office. The Assistant Director shall |
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| receive an annual salary as set by the Governor from time to |
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| time or the amount set by the Compensation Review Board, |
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| whichever is higher. If set by the Governor, the Assistant |
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| Director's annual salary may not exceed 85% of the Governor's |
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| annual salary.
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| Section 50. Personnel transferred. Personnel previously |
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| assigned to the programs transferred from the Department of |
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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| Nuclear Safety are hereby transferred to the Illinois Emergency |
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| Management Agency. All personnel shall initially constitute |
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| probationary employees under the Personnel Code. The |
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| Department of Central Management Services shall establish a |
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| procedure for qualification and retention of personnel in |
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| accordance with the Personnel Code. The rights of the |
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| employees, the State, and executive agencies under the |
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| Personnel Code, any collective bargaining agreement, or any |
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| pension, retirement, or annuity plan shall not be affected by |
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| this Act. |
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| Section 55. Records and property transferred. All books, |
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| records, papers, documents, property (real or personal), |
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| unexpended appropriations, and pending business in any way |
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| pertaining to the rights, powers, and duties transferred by |
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| this Act shall be delivered and transferred to the Illinois |
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| Emergency Management Agency. |
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| Section 60. Data available to Department of Public Health. |
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| All files, records, and data gathered by or under the direction |
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| or authority of the Director under the Civil Administrative |
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| Code of Illinois shall be made available to the Department of |
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| Public Health under the Illinois Health and Hazardous |
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| Substances Registry Act. |
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| Section 65. Nuclear accident plan. The Illinois Emergency |
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| Management Agency shall have primary responsibility to |
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| formulate a comprehensive emergency preparedness and response |
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| plan for any nuclear accident. The Illinois Emergency |
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| Management Agency shall also train and maintain an emergency |
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| response team. For entities who possess radioactive materials |
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| in significant quantities, as specified by the Agency, the |
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| Agency shall establish emergency response threshold |
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| requirements for emergency notifications to the Agency. |
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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| Section 70. Nuclear and radioactive materials |
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| transportation plan. The Illinois Emergency Management Agency |
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| shall formulate a comprehensive plan regarding the |
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| transportation of nuclear and radioactive materials in |
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| Illinois. The Illinois Emergency Management Agency shall have |
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| primary responsibility for all State governmental regulation |
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| of the transportation of nuclear and radioactive materials, |
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| insofar as the regulation pertains to the public health and |
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| safety. This responsibility shall include but not be limited to |
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| the authority to oversee and coordinate regulatory functions |
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| performed by the Department of Transportation, the Department |
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| of State Police, and the Illinois Commerce Commission. |
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| Section 75. State nuclear power policy. The Illinois |
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| Emergency Management Agency, in cooperation with the |
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| Department of Natural Resources, shall study (i) the impact and |
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| cost of nuclear power and compare these to the impact and cost |
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| of alternative sources of energy, (ii) the potential effects on |
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| the public health and safety of all radioactive emissions from |
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| nuclear power plants, and (iii) all other factors that bear on |
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| the use of nuclear power or on nuclear safety. The Illinois |
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| Emergency Management Agency shall formulate a general nuclear |
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| policy for the State based on the findings of the study. The |
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| policy shall include
but not be limited to the feasibility of |
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| continued use of nuclear power, effects of the use of nuclear |
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| power on the public health and safety, minimum acceptable |
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| standards for the location of any future nuclear power plants, |
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| and rules and regulations for the reporting by public utilities |
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| of radioactive emissions from power plants. The Illinois |
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| Emergency Management Agency shall establish a reliable system |
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| for communication between the public and the Illinois Emergency |
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| Management Agency and for dissemination of information by the |
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| Illinois Emergency Management Agency. The Illinois Emergency |
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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| Management Agency shall publicize the findings of all studies |
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| and make the publications reasonably available to the public.
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| Section 80. No accreditation, certification, or |
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| registration if in default on educational loan. The Illinois |
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| Emergency Management Agency shall not issue or renew to any |
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| individual any accreditation, certification, or registration |
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| (but excluding registration under Section 24.7 of the Radiation |
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| Protection Act of 1990) otherwise issued by the Illinois |
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| Emergency Management Agency if the individual has defaulted on |
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| an educational loan guaranteed by the Illinois Student |
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| Assistance Commission; however, the Agency may issue or renew |
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| an accreditation, certification, or registration if the |
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| individual has established a satisfactory repayment record as |
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| determined by the Illinois Student Assistance Commission. |
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| Additionally, any accreditation, certification, or |
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| registration issued by the Illinois Emergency Management |
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| Agency (but excluding registration under Section 24.7 of the |
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| Radiation Protection Act of 1990) may be suspended or revoked |
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| if the Illinois Emergency Management Agency, after the |
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| opportunity for a hearing under the appropriate accreditation, |
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| certification, or registration Act, finds that the holder has |
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| failed to make satisfactory repayment to the Illinois Student |
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| Assistance Commission for a delinquent or defaulted loan as |
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| determined by the Illinois Student Assistance Commission. |
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| Section 85. Saving clause. |
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| (a) The rights, powers and duties transferred to the |
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| Illinois Emergency Management Agency by this Act shall be |
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| vested in and shall be exercised by the Illinois Emergency |
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| Management Agency. Each act done in exercise of such rights, |
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| powers, and duties shall have the same legal effect as if done |
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| by the Department of Nuclear Safety, its divisions, officers, |
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| or employees.
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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| (b) Every person or corporation shall be subject to the |
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| same obligations and duties and any penalties, civil or |
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| criminal, arising therefrom, and shall have the same rights |
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| arising from the exercise of such powers, duties, rights and |
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| responsibilities as had been exercised by the Department of |
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| Nuclear Safety, its divisions, officers or employees.
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| (c) Every officer of the Illinois Emergency Management |
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| Agency shall, for any offense, be subject to the same penalty |
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| or penalties, civil or criminal, as are prescribed by existing |
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| law for the same offense by any officer whose powers or duties |
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| were transferred under this Act.
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| (d) Whenever reports or notices are now required to be made |
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| or given or papers or documents furnished or served by any |
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| person to or upon the agencies and officers transferred by this |
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| Act, the same shall be made, given, furnished, or served in the |
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| same manner to or upon the Illinois Emergency Management |
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| Agency.
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| (e) This Act shall not affect any act done, ratified, or |
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| canceled or any right occurring or established or any action or |
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| proceeding had or commenced in an administrative, civil, or |
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| criminal cause regarding the
Department of Nuclear Safety |
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| before this Act takes effect, but such actions or proceedings |
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| may be prosecuted and continued by the Illinois Emergency |
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| Management Agency.
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| (f) Any rules of the Department of Nuclear Safety that are |
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| in full force on the effective date of this Act and that have |
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| been duly adopted by the Illinois Emergency Management Agency |
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| shall become the rules of the Illinois Emergency Management |
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| Agency. This Act shall not affect the legality of any such |
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| rules in the Illinois Administrative Code. Any proposed rules |
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| filed with the Secretary of State by the Department of Nuclear |
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| Safety that are pending in the rulemaking process on the |
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| effective date of this Act, shall be deemed to have been filed |
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| by the Illinois Emergency Management Agency. As soon as |
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09300HB5042ham001 |
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LRB093 18307 BDD 47723 a |
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| practicable hereafter, the Illinois Emergency Management |
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| Agency shall revise and clarify the rules transferred to it |
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| under this Act to reflect the reorganization of rights, powers, |
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| and duties effected by this Act using the procedures for |
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| recodification of rules available under the Illinois |
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| Administrative Procedure Act, except that existing title, |
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| part, and section numbering for the affected rules may be |
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| retained. The Illinois Emergency Management Agency may propose |
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| and adopt under the Illinois Administrative Procedure Act such |
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| other rules of the reorganized agencies that will now be |
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| administered by the Illinois Emergency Management Agency.
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| (g) If any provision of this Act or its application to any |
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| person or circumstances is held invalid by any court of |
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| competent jurisdiction, this invalidity does not effect any |
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| other provision or application. To achieve this purpose, the |
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| provisions of this Act are declared to be severable."; and |
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| on page 1, line 4, by changing "Section 5" to "Section 905"; |
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| and |
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| on page 3, immediately below line 18, by inserting the |
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| following:
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| "(20 ILCS 2005/Act rep.)
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| Section 910. The Department of Nuclear Safety Law of the
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| Civil Administrative Code of Illinois is repealed."; and |
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| on page 3, line 19, by changing "Section 99" to "Section 999".
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