HB4646 93RD GENERAL ASSEMBLY

LRB093 18301 BDD 44006 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4646

Introduced 02/04/04, by Thomas Holbrook

SYNOPSIS AS INTRODUCED:

420 ILCS 40/11

from Ch. 111 1/2, par. 210-11

Amends the Radiation Protection Act of 1990. Changes references from the "Department of Nuclear Safety" to the "Illinois Emergency Management Agency". Provides that the Agency shall set, and periodically revise, license fees, which must approximate radioactive material fees charged by the Nuclear Regulatory Commission. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning nuclear safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Radiation Protection Act of 1990 is amended by changing Section 11 as follows:

(420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)

(Section scheduled to be repealed on January 1, 2011)

Sec. 11. Federal-State Agreements.

(1) The Governor, on behalf of this State, is authorized to enter into agreements with the Federal Government providing for discontinuance of certain of the Federal Government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this State, including, but not limited to, agreements concerning by-product material as defined in Section 11(e)(2) of the Atomic Energy Act of 1954, 42 U.S.C. 2014(e)(2).

(2) Any person who, on the effective date of an agreement under subsection (1) above, possesses a license issued by the Federal Government governing activities for which the Federal Government, pursuant to such agreement, is transferring its responsibilities to this State shall be deemed to possess the same pursuant to a license issued under this Act, which shall expire 90 days after receipt from the Illinois Emergency Management Agency Department of a notice of expiration of such license, or on the date of expiration specified in the Federal license, whichever is earlier.

(3) At such time as Illinois enters into a Federal-State Agreement in accordance with the provisions of this Act, the Agency Department shall license and collect license fees from persons operating radiation installations, including installations involving the use or possession of by-product material as defined in subsection (a-5)(2) of Section 4 and installations having such devices or equipment utilizing or producing radioactive materials but licensure shall not apply to any x-ray machine, including those located in an office of a licensed physician or dentist. The Agency Department may also collect license fees from persons authorized by the Agency Department to engage in decommissioning and decontamination activities at radiation installations including installations licensed to use or possess by-product material as defined in subsection (a-5)(2) of Section 4. The license fees collected from persons authorized to use or possess by-product material as defined in subsection (a-5)(2) of Section 4 or to engage in decommissioning and decontamination activities at radiation installations where such by-product material is used or possessed may include fees sufficient to cover the expenses incurred by the Agency Department in conjunction with monitoring unlicensed properties contaminated with by-product material as defined in subsection (a-5)(2) of Section 4 and overseeing the decontamination of such unlicensed properties. The Agency shall set, and periodically revise, license fees with the goal of recovering all program costs, including appropriately allocated overhead costs. Agency license fees shall approximate, to the extent practicable, radioactive material fees charged by the Nuclear Regulatory Commission, but are not required to include the same types of fees and exemptions.

The Agency Department may impose fees for termination of licenses including, but not limited to, licenses for refining uranium mill concentrates to uranium hexafluoride; licenses for possession and use of source material at ore buying stations, at ion exchange facilities and at facilities where ore is processed to extract metals other than uranium or thorium; and licenses authorizing the use or possession of by-product material as defined in subsection (a-5)(2) of Section 4. The Agency Department may also set license fees for licenses which authorize the distribution of devices, products, or sealed sources involved in the production, utilization, or containment of radiation. After a public hearing before the Agency Department, the fees and collection procedures shall be prescribed under rules and regulations for protection against radiation hazards promulgated under this Act.

(4) The Agency Department is authorized to enter into agreements related to the receipt and expenditure of federal grants and other funds to provide assistance to states and compact regions in fulfilling responsibilities under the federal Low-Level Radioactive Waste Policy Act, as amended.

(Source: P.A. 91-86, eff. 7-9-99; 91-340, eff. 7-29-99; 92-16, eff. 6-28-01.)

Section 99. Effective date. This Act takes effect upon becoming law.