97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2818

 

Introduced 2/18/2011, by Rep. Tom Cross - JoAnn D. Osmond

 

SYNOPSIS AS INTRODUCED:
 
420 ILCS 20/13  from Ch. 111 1/2, par. 241-13

    Amends the Illinois Low-Level Radioactive Waste Management Act. Makes a technical change in a provision concerning waste fees.


LRB097 08886 JDS 49016 b

 

 

A BILL FOR

 

HB2818LRB097 08886 JDS 49016 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Low-Level Radioactive Waste
5Management Act is amended by changing Section 13 as follows:
 
6    (420 ILCS 20/13)  (from Ch. 111 1/2, par. 241-13)
7    Sec. 13. Waste fees.
8    (a) The The Agency shall collect a fee from each generator
9of low-level radioactive wastes in this State. Except as
10provided in subsections (b), (c), and (d), the amount of the
11fee shall be $50.00 or the following amount, whichever is
12greater:
13        (1) $1 per cubic foot of waste shipped for storage,
14    treatment or disposal if storage of the waste for shipment
15    occurred prior to September 7, 1984;
16        (2) $2 per cubic foot of waste stored for shipment if
17    storage of the waste occurs on or after September 7, 1984,
18    but prior to October 1, 1985;
19        (3) $3 per cubic foot of waste stored for shipment if
20    storage of the waste occurs on or after October 1, 1985;
21        (4) $2 per cubic foot of waste shipped for storage,
22    treatment or disposal if storage of the waste for shipment
23    occurs on or after September 7, 1984 but prior to October

 

 

HB2818- 2 -LRB097 08886 JDS 49016 b

1    1, 1985, provided that no fee has been collected previously
2    for storage of the waste;
3        (5) $3 per cubic foot of waste shipped for storage,
4    treatment or disposal if storage of the waste for shipment
5    occurs on or after October 1, 1985, provided that no fees
6    have been collected previously for storage of the waste.
7    Such fees shall be collected annually or as determined by
8the Agency and shall be deposited in the low-level radioactive
9waste funds as provided in Section 14 of this Act.
10Notwithstanding any other provision of this Act, no fee under
11this Section shall be collected from a generator for waste
12generated incident to manufacturing before December 31, 1980,
13and shipped for disposal outside of this State before December
1431, 1992, as part of a site reclamation leading to license
15termination.
16    (b) Each nuclear power reactor in this State for which an
17operating license has been issued by the Nuclear Regulatory
18Commission shall not be subject to the fee required by
19subsection (a) with respect to (1) waste stored for shipment if
20storage of the waste occurs on or after January 1, 1986; and
21(2) waste shipped for storage, treatment or disposal if storage
22of the waste for shipment occurs on or after January 1, 1986.
23In lieu of the fee, each reactor shall be required to pay an
24annual fee as provided in this subsection for the treatment,
25storage and disposal of low-level radioactive waste. Beginning
26with State fiscal year 1986 and through State fiscal year 1997,

 

 

HB2818- 3 -LRB097 08886 JDS 49016 b

1fees shall be due and payable on January 1st of each year. For
2State fiscal year 1998 and all subsequent State fiscal years,
3fees shall be due and payable on July 1 of each fiscal year.
4The fee due on July 1, 1997 shall be payable on that date, or
5within 10 days after the effective date of this amendatory Act
6of 1997, whichever is later.
7    The owner of any nuclear power reactor that has an
8operating license issued by the Nuclear Regulatory Commission
9for any portion of State fiscal year 1998 shall continue to pay
10an annual fee of $90,000 for the treatment, storage, and
11disposal of low-level radioactive waste through State fiscal
12year 2002. The fee shall be due and payable on July 1 of each
13fiscal year. The fee due on July 1, 1998 shall be payable on
14that date, or within 10 days after the effective date of this
15amendatory Act of 1998, whichever is later. If the balance in
16the Low-Level Radioactive Waste Facility Development and
17Operation Fund falls below $500,000, as of the end of any
18fiscal year after fiscal year 2002, the Agency is authorized to
19assess by rule, after notice and a hearing, an additional
20annual fee to be paid by the owners of nuclear power reactors
21for which operating licenses have been issued by the Nuclear
22Regulatory Commission, except that no additional annual fee
23shall be assessed because of the fund balance at the end of
24fiscal year 2005 or the end of fiscal year 2006. The additional
25annual fee shall be payable on the date or dates specified by
26rule and shall not exceed $30,000 per operating reactor per

 

 

HB2818- 4 -LRB097 08886 JDS 49016 b

1year.
2    (c) In each of State fiscal years 1988, 1989 and 1990, in
3addition to the fee imposed in subsections (b) and (d), the
4owner of each nuclear power reactor in this State for which an
5operating license has been issued by the Nuclear Regulatory
6Commission shall pay a fee of $408,000. If an operating license
7is issued during one of those 3 fiscal years, the owner shall
8pay a prorated amount of the fee equal to $1,117.80 multiplied
9by the number of days in the fiscal year during which the
10nuclear power reactor was licensed.
11    The fee shall be due and payable as follows: in fiscal year
121988, $204,000 shall be paid on October 1, 1987 and $102,000
13shall be paid on each of January 1, 1988 and April 1, 1988; in
14fiscal year 1989, $102,000 shall be paid on each of July 1,
151988, October 1, 1988, January 1, 1989 and April 1, 1989; and
16in fiscal year 1990, $102,000 shall be paid on each of July 1,
171989, October 1, 1989, January 1, 1990 and April 1, 1990. If
18the operating license is issued during one of the 3 fiscal
19years, the owner shall be subject to those payment dates, and
20their corresponding amounts, on which the owner possesses an
21operating license and, on June 30 of the fiscal year of
22issuance of the license, whatever amount of the prorated fee
23remains outstanding.
24    All of the amounts collected by the Agency under this
25subsection (c) shall be deposited into the Low-Level
26Radioactive Waste Facility Development and Operation Fund

 

 

HB2818- 5 -LRB097 08886 JDS 49016 b

1created under subsection (a) of Section 14 of this Act and
2expended, subject to appropriation, for the purposes provided
3in that subsection.
4    (d) In addition to the fees imposed in subsections (b) and
5(c), the owners of nuclear power reactors in this State for
6which operating licenses have been issued by the Nuclear
7Regulatory Commission shall pay the following fees for each
8such nuclear power reactor: for State fiscal year 1989,
9$325,000 payable on October 1, 1988, $162,500 payable on
10January 1, 1989, and $162,500 payable on April 1, 1989; for
11State fiscal year 1990, $162,500 payable on July 1, $300,000
12payable on October 1, $300,000 payable on January 1 and
13$300,000 payable on April 1; for State fiscal year 1991, either
14(1) $150,000 payable on July 1, $650,000 payable on September
151, $675,000 payable on January 1, and $275,000 payable on April
161, or (2) $150,000 on July 1, $130,000 on the first day of each
17month from August through December, $225,000 on the first day
18of each month from January through March and $92,000 on the
19first day of each month from April through June; for State
20fiscal year 1992, $260,000 payable on July 1, $900,000 payable
21on September 1, $300,000 payable on October 1, $150,000 payable
22on January 1, and $100,000 payable on April 1; for State fiscal
23year 1993, $100,000 payable on July 1, $230,000 payable on
24August 1 or within 10 days after July 31, 1992, whichever is
25later, and $355,000 payable on October 1; for State fiscal year
261994, $100,000 payable on July 1, $75,000 payable on October 1

 

 

HB2818- 6 -LRB097 08886 JDS 49016 b

1and $75,000 payable on April 1; for State fiscal year 1995,
2$100,000 payable on July 1, $75,000 payable on October 1, and
3$75,000 payable on April 1, for State fiscal year 1996,
4$100,000 payable on July 1, $75,000 payable on October 1, and
5$75,000 payable on April 1. The owner of any nuclear power
6reactor that has an operating license issued by the Nuclear
7Regulatory Commission for any portion of State fiscal year 1998
8shall pay an annual fee of $30,000 through State fiscal year
92003. For State fiscal year 2004 and subsequent fiscal years,
10the owner of any nuclear power reactor that has an operating
11license issued by the Nuclear Regulatory Commission shall pay
12an annual fee of $30,000 per reactor, provided that the fee
13shall not apply to a nuclear power reactor with regard to which
14the owner notified the Nuclear Regulatory Commission during
15State fiscal year 1998 that the nuclear power reactor
16permanently ceased operations. The fee shall be due and payable
17on July 1 of each fiscal year. The fee due on July 1, 1998 shall
18be payable on that date, or within 10 days after the effective
19date of this amendatory Act of 1998, whichever is later. The
20fee due on July 1, 1997 shall be payable on that date or within
2110 days after the effective date of this amendatory Act of
221997, whichever is later. If the payments under this subsection
23for fiscal year 1993 due on January 1, 1993, or on April 1,
241993, or both, were due before the effective date of this
25amendatory Act of the 87th General Assembly, then those
26payments are waived and need not be made.

 

 

HB2818- 7 -LRB097 08886 JDS 49016 b

1    All of the amounts collected by the Agency under this
2subsection (d) shall be deposited into the Low-Level
3Radioactive Waste Facility Development and Operation Fund
4created pursuant to subsection (a) of Section 14 of this Act
5and expended, subject to appropriation, for the purposes
6provided in that subsection.
7    All payments made by licensees under this subsection (d)
8for fiscal year 1992 that are not appropriated and obligated by
9the Agency above $1,750,000 per reactor in fiscal year 1992,
10shall be credited to the licensees making the payments to
11reduce the per reactor fees required under this subsection (d)
12for fiscal year 1993.
13    (e) The Agency shall promulgate rules and regulations
14establishing standards for the collection of the fees
15authorized by this Section. The regulations shall include, but
16need not be limited to:
17        (1) the records necessary to identify the amounts of
18    low-level radioactive wastes produced;
19        (2) the form and submission of reports to accompany the
20    payment of fees to the Agency; and
21        (3) the time and manner of payment of fees to the
22    Agency, which payments shall not be more frequent than
23    quarterly.
24    (f) Any operating agreement entered into under subsection
25(b) of Section 5 of this Act between the Agency and any
26disposal facility contractor shall, subject to the provisions

 

 

HB2818- 8 -LRB097 08886 JDS 49016 b

1of this Act, authorize the contractor to impose upon and
2collect from persons using the disposal facility fees designed
3and set at levels reasonably calculated to produce sufficient
4revenues (1) to pay all costs and expenses properly incurred or
5accrued in connection with, and properly allocated to,
6performance of the contractor's obligations under the
7operating agreement, and (2) to provide reasonable and
8appropriate compensation or profit to the contractor under the
9operating agreement. For purposes of this subsection (f), the
10term "costs and expenses" may include, without limitation, (i)
11direct and indirect costs and expenses for labor, services,
12equipment, materials, insurance and other risk management
13costs, interest and other financing charges, and taxes or fees
14in lieu of taxes; (ii) payments to or required by the United
15States, the State of Illinois or any agency or department
16thereof, the Central Midwest Interstate Low-Level Radioactive
17Waste Compact, and subject to the provisions of this Act, any
18unit of local government; (iii) amortization of capitalized
19costs with respect to the disposal facility and its
20development, including any capitalized reserves; and (iv)
21payments with respect to reserves, accounts, escrows or trust
22funds required by law or otherwise provided for under the
23operating agreement.
24    (g) (Blank).
25    (h) (Blank).
26    (i) (Blank).

 

 

HB2818- 9 -LRB097 08886 JDS 49016 b

1    (j) (Blank).
2    (j-5) Prior to commencement of facility operations, the
3Agency shall adopt rules providing for the establishment and
4collection of fees and charges with respect to the use of the
5disposal facility as provided in subsection (f) of this
6Section.
7    (k) The regional disposal facility shall be subject to ad
8valorem real estate taxes lawfully imposed by units of local
9government and school districts with jurisdiction over the
10facility. No other local government tax, surtax, fee or other
11charge on activities at the regional disposal facility shall be
12allowed except as authorized by the Agency.
13    (l) The Agency shall have the power, in the event that
14acceptance of waste for disposal at the regional disposal
15facility is suspended, delayed or interrupted, to impose
16emergency fees on the generators of low-level radioactive
17waste. Generators shall pay emergency fees within 30 days of
18receipt of notice of the emergency fees. The Department shall
19deposit all of the receipts of any fees collected under this
20subsection into the Low-Level Radioactive Waste Facility
21Development and Operation Fund created under subsection (b) of
22Section 14. Emergency fees may be used to mitigate the impacts
23of the suspension or interruption of acceptance of waste for
24disposal. The requirements for rulemaking in the Illinois
25Administrative Procedure Act shall not apply to the imposition
26of emergency fees under this subsection.

 

 

HB2818- 10 -LRB097 08886 JDS 49016 b

1    (m) The Agency shall promulgate any other rules and
2regulations as may be necessary to implement this Section.
3(Source: P.A. 94-91, eff. 7-1-05; 95-777, eff. 8-4-08.)