Full Text of HB5042 93rd General Assembly
HB5042ham001 93RD GENERAL ASSEMBLY
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Rep. Charles G. Morrow III
Filed: 3/19/2004
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| AMENDMENT TO HOUSE BILL 5042
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| AMENDMENT NO. ______. Amend House Bill 5042 on page 1, | 3 |
| immediately below line 3 by inserting the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Nuclear Safety Law of 2004. | 6 |
| Section 5. Cross references. The Illinois Emergency | 7 |
| Management Agency shall exercise, administer, and enforce all | 8 |
| rights, powers, and duties vested in Department of Nuclear | 9 |
| Safety by the following named Acts or Sections of those Acts: | 10 |
| (1) The Radiation Protection Act of 1990.
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| (2) The Radioactive Waste Storage Act. | 12 |
| (3) The Personnel Radiation Monitoring Act.
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| (4) The Laser System Act of 1997.
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| (5) The Illinois Nuclear Safety Preparedness Act.
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| (6) The Radioactive Waste Compact Enforcement Act.
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| (7) Illinois Low-Level Radioactive Waste Management | 17 |
| Act.
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| (8) Illinois Nuclear Facility Safety Act.
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| (9) Radioactive Waste Tracking and Permitting Act.
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| (10) Radon Industry Licensing Act.
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| (11) Uranium and Thorium Mill Tailings Control Act.
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| Section 10. Nuclear and radioactive materials disposal. | 23 |
| The Illinois Emergency Management Agency shall formulate a |
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| comprehensive plan regarding disposal of nuclear and | 2 |
| radioactive materials in this State. The Illinois Emergency | 3 |
| Management Agency shall establish minimum standards for | 4 |
| disposal sites, shall evaluate and publicize potential effects | 5 |
| on the public health and safety, and shall report to the | 6 |
| Governor and General Assembly all violations of the adopted | 7 |
| standards. In carrying out this function, the Illinois | 8 |
| Emergency Management Agency shall work in cooperation with the | 9 |
| Radiation Protection Advisory Council. | 10 |
| Section 15. Radiation sources; radioactive waste disposal. | 11 |
| The Illinois Emergency Management Agency, instead of the | 12 |
| Department of Nuclear Safety, shall register, license, | 13 |
| inspect, and control radiation sources, shall purchase, lease, | 14 |
| accept, or acquire lands, buildings, and grounds where | 15 |
| radioactive wastes can be disposed, and shall supervise and | 16 |
| regulate the operation of the disposal sites. | 17 |
| Section 20. Nuclear waste sites. | 18 |
| (a) The Illinois Emergency Management Agency shall conduct | 19 |
| a survey and prepare and publish a list of sites in the State | 20 |
| 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 | 23 |
| disposal practices
in the State, and shall determine existing | 24 |
| and expected rates of production of nuclear wastes.
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| (c) The Illinois Emergency Management Agency shall compile | 26 |
| and make available to the public an annual report identifying | 27 |
| the type and quantities of radioactive waste generated, stored, | 28 |
| treated, or disposed of within this State and containing the | 29 |
| other information required to be collected under this Section.
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| Section 25. Boiler and pressure vessel safety. The Illinois | 31 |
| Emergency Management Agency shall exercise, administer, and |
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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 | 3 |
| of Nuclear Safety by the Boiler and Pressure Vessel Safety | 4 |
| Act prior to the abolishment of the Department of Nuclear | 5 |
| Safety, to the extent the rights, powers, and duties relate | 6 |
| to nuclear steam-generating facilities.
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| (2) Rights, powers, and duties relating to nuclear | 8 |
| steam-generating facilities vested in the Department of | 9 |
| Nuclear Safety by the Boiler and Pressure Vessel Safety Act | 10 |
| prior to the abolishment of the Department of Nuclear | 11 |
| Safety, which include but are not limited to the | 12 |
| formulation of definitions, rules, and regulations for the | 13 |
| safe and proper construction, installation, repair, use, | 14 |
| and operation of nuclear steam-generating facilities, the | 15 |
| adoption of rules for already installed nuclear | 16 |
| steam-generating facilities, the adoption of rules for | 17 |
| accidents in nuclear steam-generating facilities, the | 18 |
| examination for or suspension of inspectors' licenses of | 19 |
| the facilities, and the hearing of appeals from decisions | 20 |
| relating to the facilities.
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(3) Rights, powers, and duties relating to nuclear | 22 |
| steam-generating facilities, vested in the State Fire | 23 |
| Marshal, the Chief Inspector, or the Department of Nuclear | 24 |
| Safety prior to its abolishment, by the Boiler and Pressure | 25 |
| Vessel Safety Act, which include but are not limited to the | 26 |
| employment of inspectors of nuclear steam-generating | 27 |
| facilities, issuance or suspension of their commissions, | 28 |
| prosecution of the Act or rules promulgated thereunder for | 29 |
| violations by nuclear steam-generating facilities, | 30 |
| maintenance of inspection records of all the facilities, | 31 |
| publication of rules relating to the facilities, having | 32 |
| free access to the facilities, issuance of inspection | 33 |
| certificates of the facilities, and the furnishing of bonds | 34 |
| conditioned upon the faithful performance of their duties. |
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| The Director of Illinois Emergency Management Agency may | 2 |
| designate a Chief Inspector, or other inspectors, as he or | 3 |
| she deems necessary to perform the functions transferred by | 4 |
| this Section.
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| The transfer of rights, powers, and duties specified in | 6 |
| paragraphs (1), (2), and (3) is limited to the program | 7 |
| transferred by this Act and shall not be deemed to abolish or | 8 |
| diminish the exercise of those same rights, powers, and duties | 9 |
| by the Office of the State Fire Marshal, the Board of Boiler | 10 |
| and Pressure Vessel Rules, the State Fire Marshal, or the Chief | 11 |
| Inspector with respect to programs retained by the Office of | 12 |
| the State Fire Marshal.
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| Section 30. Powers vested in Environmental Protection | 14 |
| Agency. | 15 |
| (a) The Illinois Emergency Management Agency shall | 16 |
| exercise, administer, and enforce all rights, powers, and | 17 |
| duties vested in the Environmental Protection Agency by | 18 |
| paragraphs a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, | 19 |
| and r of Section 4 and by Sections 30 through 45 of the | 20 |
| Environmental Protection Act, to the extent that these powers | 21 |
| relate to standards of the Pollution Control Board adopted | 22 |
| under Section 35 of this Act. The transfer of rights, powers, | 23 |
| and duties specified in this Section is limited to the programs | 24 |
| transferred by Public Act 81-1516 and this Act and shall not be | 25 |
| deemed to abolish or diminish the exercise of those same | 26 |
| rights, powers, and duties by the Environmental Protection | 27 |
| Agency with respect to programs retained by the Environmental | 28 |
| Protection Agency.
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| (b) Notwithstanding provisions in Sections 4 and 17.7 of | 30 |
| the Environmental Protection Act, the Environmental Protection | 31 |
| Agency is not required to perform analytical services for | 32 |
| community water supplies to determine compliance with | 33 |
| contaminant levels for radionuclides as specified in State or |
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| federal drinking water regulations.
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| (c) Community water supplies may request the Illinois | 3 |
| Emergency Management Agency to perform analytical services to | 4 |
| determine compliance with contaminant levels for radionuclides | 5 |
| as specified in State or federal drinking water regulations. | 6 |
| The Illinois Emergency Management Agency must adopt rules | 7 |
| establishing reasonable fees reflecting the direct and | 8 |
| indirect cost of testing community water supply samples. The | 9 |
| rules may require a community water supply to commit to | 10 |
| participation in the Illinois Emergency Management Agency's | 11 |
| testing program. Neither the Illinois Emergency Management | 12 |
| Agency nor the Environmental Protection Agency is required to | 13 |
| perform analytical services to determine contaminant levels | 14 |
| for radionuclides from any community water supply that does not | 15 |
| participate in the Illinois Emergency Management Agency's | 16 |
| testing program.
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| Community water supplies that choose not to participate in | 18 |
| the Illinois Emergency Management Agency's testing program or | 19 |
| do not pay
the fees established by the Illinois Emergency | 20 |
| Management Agency shall have the duty to analyze all drinking | 21 |
| water samples as required by State or federal safe drinking | 22 |
| water regulations to determine radionuclide contaminant | 23 |
| levels.
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| Section 35. Pollution Control Board regulations concerning | 25 |
| nuclear plants. The Illinois Emergency Management Agency shall | 26 |
| enforce the regulations promulgated by the Pollution Control | 27 |
| Board under Section 25b of the Environmental Protection Act. | 28 |
| Under these regulations the Illinois Emergency Management | 29 |
| Agency shall require that a person, corporation, or public | 30 |
| authority intending to construct a nuclear steam-generating | 31 |
| facility or a nuclear fuel reprocessing plant file with the | 32 |
| Illinois Emergency Management Agency an environmental | 33 |
| feasibility report that incorporates the data provided in the |
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| preliminary safety analysis required to be filed with the | 2 |
| United States Nuclear Regulatory Commission. | 3 |
| Section 40. Regulation of nuclear safety. The Illinois | 4 |
| Emergency Management Agency shall have primary responsibility | 5 |
| for the coordination and oversight of all State governmental | 6 |
| functions concerning the regulation of nuclear power, | 7 |
| including low level waste management, environmental | 8 |
| monitoring, and transportation of nuclear waste. Functions | 9 |
| performed by the Department of State Police and the Department | 10 |
| of Transportation in the area of nuclear safety, on the | 11 |
| effective date of this Act, may continue to be performed by | 12 |
| these agencies but under the direction of the Illinois | 13 |
| Emergency Management Agency. All other governmental functions | 14 |
| regulating nuclear safety shall be coordinated by Illinois | 15 |
| Emergency Management Agency. | 16 |
| Section 45. Appointment of Assistant Director. The | 17 |
| Assistant Director shall be an officer appointed by the | 18 |
| Governor, with the advice and consent of the
Senate, and shall | 19 |
| serve for a term of 2 years beginning on the third Monday in | 20 |
| January of the odd-numbered year, and until a successor is | 21 |
| appointed and has qualified; except that the first Assistant | 22 |
| Director under this Act shall be the Director of the Department | 23 |
| of Nuclear Safety. The Assistant Director shall not hold any | 24 |
| other remunerative public office. The Assistant Director shall | 25 |
| receive an annual salary as set by the Governor from time to | 26 |
| time or the amount set by the Compensation Review Board, | 27 |
| whichever is higher. If set by the Governor, the Assistant | 28 |
| Director's annual salary may not exceed 85% of the Governor's | 29 |
| annual salary.
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| Section 50. Personnel transferred. Personnel previously | 31 |
| assigned to the programs transferred from the Department of |
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| Nuclear Safety are hereby transferred to the Illinois Emergency | 2 |
| Management Agency. All personnel shall initially constitute | 3 |
| probationary employees under the Personnel Code. The | 4 |
| Department of Central Management Services shall establish a | 5 |
| procedure for qualification and retention of personnel in | 6 |
| accordance with the Personnel Code. The rights of the | 7 |
| employees, the State, and executive agencies under the | 8 |
| Personnel Code, any collective bargaining agreement, or any | 9 |
| pension, retirement, or annuity plan shall not be affected by | 10 |
| this Act. | 11 |
| Section 55. Records and property transferred. All books, | 12 |
| records, papers, documents, property (real or personal), | 13 |
| unexpended appropriations, and pending business in any way | 14 |
| pertaining to the rights, powers, and duties transferred by | 15 |
| this Act shall be delivered and transferred to the Illinois | 16 |
| Emergency Management Agency. | 17 |
| Section 60. Data available to Department of Public Health. | 18 |
| All files, records, and data gathered by or under the direction | 19 |
| or authority of the Director under the Civil Administrative | 20 |
| Code of Illinois shall be made available to the Department of | 21 |
| Public Health under the Illinois Health and Hazardous | 22 |
| Substances Registry Act. | 23 |
| Section 65. Nuclear accident plan. The Illinois Emergency | 24 |
| Management Agency shall have primary responsibility to | 25 |
| formulate a comprehensive emergency preparedness and response | 26 |
| plan for any nuclear accident. The Illinois Emergency | 27 |
| Management Agency shall also train and maintain an emergency | 28 |
| response team. For entities who possess radioactive materials | 29 |
| in significant quantities, as specified by the Agency, the | 30 |
| Agency shall establish emergency response threshold | 31 |
| requirements for emergency notifications to the Agency. |
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| Section 70. Nuclear and radioactive materials | 2 |
| transportation plan. The Illinois Emergency Management Agency | 3 |
| shall formulate a comprehensive plan regarding the | 4 |
| transportation of nuclear and radioactive materials in | 5 |
| Illinois. The Illinois Emergency Management Agency shall have | 6 |
| primary responsibility for all State governmental regulation | 7 |
| of the transportation of nuclear and radioactive materials, | 8 |
| insofar as the regulation pertains to the public health and | 9 |
| safety. This responsibility shall include but not be limited to | 10 |
| the authority to oversee and coordinate regulatory functions | 11 |
| performed by the Department of Transportation, the Department | 12 |
| of State Police, and the Illinois Commerce Commission. | 13 |
| Section 75. State nuclear power policy. The Illinois | 14 |
| Emergency Management Agency, in cooperation with the | 15 |
| Department of Natural Resources, shall study (i) the impact and | 16 |
| cost of nuclear power and compare these to the impact and cost | 17 |
| of alternative sources of energy, (ii) the potential effects on | 18 |
| the public health and safety of all radioactive emissions from | 19 |
| nuclear power plants, and (iii) all other factors that bear on | 20 |
| the use of nuclear power or on nuclear safety. The Illinois | 21 |
| Emergency Management Agency shall formulate a general nuclear | 22 |
| policy for the State based on the findings of the study. The | 23 |
| policy shall include
but not be limited to the feasibility of | 24 |
| continued use of nuclear power, effects of the use of nuclear | 25 |
| power on the public health and safety, minimum acceptable | 26 |
| standards for the location of any future nuclear power plants, | 27 |
| and rules and regulations for the reporting by public utilities | 28 |
| of radioactive emissions from power plants. The Illinois | 29 |
| Emergency Management Agency shall establish a reliable system | 30 |
| for communication between the public and the Illinois Emergency | 31 |
| Management Agency and for dissemination of information by the | 32 |
| Illinois Emergency Management Agency. The Illinois Emergency |
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| Management Agency shall publicize the findings of all studies | 2 |
| and make the publications reasonably available to the public.
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| Section 80. No accreditation, certification, or | 4 |
| registration if in default on educational loan. The Illinois | 5 |
| Emergency Management Agency shall not issue or renew to any | 6 |
| individual any accreditation, certification, or registration | 7 |
| (but excluding registration under Section 24.7 of the Radiation | 8 |
| Protection Act of 1990) otherwise issued by the Illinois | 9 |
| Emergency Management Agency if the individual has defaulted on | 10 |
| an educational loan guaranteed by the Illinois Student | 11 |
| Assistance Commission; however, the Agency may issue or renew | 12 |
| an accreditation, certification, or registration if the | 13 |
| individual has established a satisfactory repayment record as | 14 |
| determined by the Illinois Student Assistance Commission. | 15 |
| Additionally, any accreditation, certification, or | 16 |
| registration issued by the Illinois Emergency Management | 17 |
| Agency (but excluding registration under Section 24.7 of the | 18 |
| Radiation Protection Act of 1990) may be suspended or revoked | 19 |
| if the Illinois Emergency Management Agency, after the | 20 |
| opportunity for a hearing under the appropriate accreditation, | 21 |
| certification, or registration Act, finds that the holder has | 22 |
| failed to make satisfactory repayment to the Illinois Student | 23 |
| Assistance Commission for a delinquent or defaulted loan as | 24 |
| determined by the Illinois Student Assistance Commission. | 25 |
| Section 85. Saving clause. | 26 |
| (a) The rights, powers and duties transferred to the | 27 |
| Illinois Emergency Management Agency by this Act shall be | 28 |
| vested in and shall be exercised by the Illinois Emergency | 29 |
| Management Agency. Each act done in exercise of such rights, | 30 |
| powers, and duties shall have the same legal effect as if done | 31 |
| by the Department of Nuclear Safety, its divisions, officers, | 32 |
| or employees.
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| (b) Every person or corporation shall be subject to the | 2 |
| same obligations and duties and any penalties, civil or | 3 |
| criminal, arising therefrom, and shall have the same rights | 4 |
| arising from the exercise of such powers, duties, rights and | 5 |
| responsibilities as had been exercised by the Department of | 6 |
| Nuclear Safety, its divisions, officers or employees.
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| (c) Every officer of the Illinois Emergency Management | 8 |
| Agency shall, for any offense, be subject to the same penalty | 9 |
| or penalties, civil or criminal, as are prescribed by existing | 10 |
| law for the same offense by any officer whose powers or duties | 11 |
| were transferred under this Act.
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| (d) Whenever reports or notices are now required to be made | 13 |
| or given or papers or documents furnished or served by any | 14 |
| person to or upon the agencies and officers transferred by this | 15 |
| Act, the same shall be made, given, furnished, or served in the | 16 |
| same manner to or upon the Illinois Emergency Management | 17 |
| Agency.
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| (e) This Act shall not affect any act done, ratified, or | 19 |
| canceled or any right occurring or established or any action or | 20 |
| proceeding had or commenced in an administrative, civil, or | 21 |
| criminal cause regarding the
Department of Nuclear Safety | 22 |
| before this Act takes effect, but such actions or proceedings | 23 |
| may be prosecuted and continued by the Illinois Emergency | 24 |
| Management Agency.
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| (f) Any rules of the Department of Nuclear Safety that are | 26 |
| in full force on the effective date of this Act and that have | 27 |
| been duly adopted by the Illinois Emergency Management Agency | 28 |
| shall become the rules of the Illinois Emergency Management | 29 |
| Agency. This Act shall not affect the legality of any such | 30 |
| rules in the Illinois Administrative Code. Any proposed rules | 31 |
| filed with the Secretary of State by the Department of Nuclear | 32 |
| Safety that are pending in the rulemaking process on the | 33 |
| effective date of this Act, shall be deemed to have been filed | 34 |
| by the Illinois Emergency Management Agency. As soon as |
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| practicable hereafter, the Illinois Emergency Management | 2 |
| Agency shall revise and clarify the rules transferred to it | 3 |
| under this Act to reflect the reorganization of rights, powers, | 4 |
| and duties effected by this Act using the procedures for | 5 |
| recodification of rules available under the Illinois | 6 |
| Administrative Procedure Act, except that existing title, | 7 |
| part, and section numbering for the affected rules may be | 8 |
| retained. The Illinois Emergency Management Agency may propose | 9 |
| and adopt under the Illinois Administrative Procedure Act such | 10 |
| other rules of the reorganized agencies that will now be | 11 |
| administered by the Illinois Emergency Management Agency.
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| (g) If any provision of this Act or its application to any | 13 |
| person or circumstances is held invalid by any court of | 14 |
| competent jurisdiction, this invalidity does not effect any | 15 |
| other provision or application. To achieve this purpose, the | 16 |
| provisions of this Act are declared to be severable."; and | 17 |
| on page 1, line 4, by changing "Section 5" to "Section 905"; | 18 |
| and | 19 |
| on page 3, immediately below line 18, by inserting the | 20 |
| 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 | 24 |
| on page 3, line 19, by changing "Section 99" to "Section 999".
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