SB2644 94TH GENERAL ASSEMBLY

LRB094 14571 RSP 49514 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2644

Introduced 1/20/2006, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

420 ILCS 10/1.5 new
420 ILCS 10/2	from Ch. 111 1/2, par. 4352
420 ILCS 10/4	from Ch. 111 1/2, par. 4354
420 ILCS 10/5	from Ch. 111 1/2, par. 4355
420 ILCS 10/7	from Ch. 111 1/2, par. 4357

Amends the Illinois Nuclear Safety Act to reflect the Illinois Emergency Management Agency's assumption of duties assigned to the Agency's predecessor, the Department of Nuclear Safety. Effective immediately.

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Illinois Nuclear Facility Safety Act is amended by adding Section 1.5 and changing Sections 1.5, 2, 4, 5, and 7 as follows:

(420 ILCS 10/1.5 new)

Sec. 1.5. Definition. In this Act, "Agency" means the Illinois Emergency Management Agency.

(420 ILCS 10/2) (from Ch. 111 1/2, par. 4352)

Sec. 2. Policy statement. It is declared to be the policy of the State of Illinois to prevent accidents at nuclear facilities in Illinois for the economic well-being of the People of the State of Illinois and for the health and safety of workers at nuclear facilities and private citizens who could be injured as a result of releases of radioactive materials from nuclear facilities. It is the intent of the General Assembly that this Act should be construed consistently with federal law to maximize the role of the State in contributing to safety at nuclear facilities in Illinois. It is the intent of the General Assembly that the Agency Illinois Department of Nuclear Safety should not take any actions which are preempted by federal law or engage in dual regulation of nuclear facilities, unless dual regulation is allowed by federal law and policies of the Nuclear Regulatory Commission. In implementing its responsibilities under this Act, the Agency Illinois Department of Nuclear Safety shall not take any action which interferes with the safe operation of a nuclear facility.

(Source: P.A. 86-901.)

(420 ILCS 10/4) (from Ch. 111 1/2, par. 4354)

Sec. 4. Authorization. The Agency Department is authorized to enter into any and all cooperative agreements with the federal Nuclear Regulatory Commission consistent with the applicable provisions of the Atomic Energy Act.

(Source: P.A. 86-901.)

(420 ILCS 10/5) (from Ch. 111 1/2, par. 4355)

Sec. 5. Program for Illinois nuclear power plant inspectors.

(a) Consistent with federal law and policy statements of and cooperative agreements with the Nuclear Regulatory Commission with respect to State participation in health and safety regulation of nuclear facilities, and in recognition of the role provided for the states by such laws, policy statements and cooperative agreements, the Agency Department shall develop and implement a program for Illinois resident inspectors that, when fully implemented, shall provide for one full-time Agency Departmental Illinois resident inspector at each nuclear power plant in Illinois. The owner of each of the nuclear power plants to which they are assigned shall provide, at its expense, office space and equipment reasonably required by the resident inspectors while they are on the premises of the nuclear power plants. The Illinois resident inspectors shall operate in accordance with a cooperative agreement executed by the Agency Department and the Nuclear Regulatory Commission and shall have access to the nuclear power plants to which they have been assigned in accordance with that agreement; provided, however, that the Illinois resident inspectors shall have no greater access than is afforded to a resident inspector of the Nuclear Regulatory Commission.

(b) The Agency Department may also inspect licensed nuclear power plants that have permanently ceased operations. The inspections shall be performed by inspectors qualified as Illinois resident inspectors. The inspectors need not be resident at nuclear power plants that have permanently ceased operations. The inspectors shall conduct inspections in accordance with a cooperative agreement executed by the Agency (or its predecessor agency, the Department of Nuclear Safety) and the Nuclear Regulatory Commission and shall have access to the nuclear power plants that have permanently ceased operations; provided, however, that the Illinois inspectors shall have no greater access than is afforded to inspectors of the Nuclear Regulatory Commission. The owner of each of the nuclear power plants that has permanently ceased operations shall provide, at its expense, office space and equipment reasonably required by the inspectors while they are on the premises of the nuclear power plants.

(c) The Illinois resident inspectors and inspectors assigned under subsection (b) shall each operate in accordance with the security plan for the nuclear power plant to which they are assigned, but in no event shall they be required to meet any requirements imposed by a nuclear power plant owner that are not imposed on resident inspectors and inspectors of the Nuclear Regulatory Commission. The Agency's Department's programs and activities under this Section shall not be inconsistent with federal law.

(Source: P.A. 91-171, eff. 7-16-99.)

(420 ILCS 10/7) (from Ch. 111 1/2, par. 4357)

Sec. 7. The Agency Department shall not engage in any program of Illinois resident inspectors or inspectors assigned under subsection (b) of Section 5 at any nuclear power plant in Illinois except as specifically directed by law.

(Source: P.A. 91-171, eff. 7-16-99.)

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