Full Text of HB5042 93rd General Assembly
HB5042ham002 93RD GENERAL ASSEMBLY
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Rep. Charles G. Morrow III
Filed: 3/30/2004
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| AMENDMENT TO HOUSE BILL 5042
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| AMENDMENT NO. ______. Amend House Bill 5042 by replacing | 3 |
| everything after the enacting clause with 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 and the Low-Level | 10 |
| Radioactive Waste Task Group. | 11 |
| Section 15. Radiation sources; radioactive waste disposal. | 12 |
| The Illinois Emergency Management Agency, instead of the | 13 |
| Department of Nuclear Safety, shall register, license, | 14 |
| inspect, and control radiation sources, shall purchase, lease, | 15 |
| accept, or acquire lands, buildings, and grounds where | 16 |
| radioactive wastes can be disposed, and shall supervise and | 17 |
| regulate the operation of the disposal sites. | 18 |
| Section 20. Nuclear waste sites. | 19 |
| (a) The Illinois Emergency Management Agency shall conduct | 20 |
| a survey and prepare and publish a list of sites in the State | 21 |
| 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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| nuclear waste processing, use, handling, storage, and disposal | 24 |
| practices
in the State, and shall determine existing and | 25 |
| expected rates of production of nuclear wastes.
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| (c) The Illinois Emergency Management Agency shall compile | 27 |
| and make available to the public an annual report identifying | 28 |
| the type and quantities of nuclear waste generated, stored, | 29 |
| treated, or disposed of within this State and containing the | 30 |
| 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 | 2 |
| enforce all of the following rights, powers, and duties:
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| (1) Rights, powers, and duties vested in the Department | 4 |
| of Nuclear Safety by the Boiler and Pressure Vessel Safety | 5 |
| Act prior to the abolishment of the Department of Nuclear | 6 |
| Safety, to the extent the rights, powers, and duties relate | 7 |
| to nuclear steam-generating facilities.
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| (2) Rights, powers, and duties relating to nuclear | 9 |
| steam-generating facilities vested in the Department of | 10 |
| Nuclear Safety by the Boiler and Pressure Vessel Safety Act | 11 |
| prior to the abolishment of the Department of Nuclear | 12 |
| Safety, which include but are not limited to the | 13 |
| formulation of definitions, rules, and regulations for the | 14 |
| safe and proper construction, installation, repair, use, | 15 |
| and operation of nuclear steam-generating facilities, the | 16 |
| adoption of rules for already installed nuclear | 17 |
| steam-generating facilities, the adoption of rules for | 18 |
| accidents in nuclear steam-generating facilities, the | 19 |
| examination for or suspension of inspectors' licenses of | 20 |
| the facilities, and the hearing of appeals from decisions | 21 |
| relating to the facilities.
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(3) Rights, powers, and duties relating to nuclear | 23 |
| steam-generating facilities, vested in the State Fire | 24 |
| Marshal, the Chief Inspector, or the Department of Nuclear | 25 |
| Safety prior to its abolishment, by the Boiler and Pressure | 26 |
| Vessel Safety Act, which include but are not limited to the | 27 |
| employment of inspectors of nuclear steam-generating | 28 |
| facilities, issuance or suspension of their commissions, | 29 |
| prosecution of the Act or rules promulgated thereunder for | 30 |
| violations by nuclear steam-generating facilities, | 31 |
| maintenance of inspection records of all the facilities, | 32 |
| publication of rules relating to the facilities, having | 33 |
| free access to the facilities, issuance of inspection | 34 |
| certificates of the facilities, and the furnishing of bonds |
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| conditioned upon the faithful performance of their duties. | 2 |
| The Director of Illinois Emergency Management Agency may | 3 |
| designate a Chief Inspector, or other inspectors, as he or | 4 |
| she deems necessary to perform the functions transferred by | 5 |
| this Section.
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| The transfer of rights, powers, and duties specified in | 7 |
| paragraphs (1), (2), and (3) is limited to the program | 8 |
| transferred by this Act and shall not be deemed to abolish or | 9 |
| diminish the exercise of those same rights, powers, and duties | 10 |
| by the Office of the State Fire Marshal, the Board of Boiler | 11 |
| and Pressure Vessel Rules, the State Fire Marshal, or the Chief | 12 |
| Inspector with respect to programs retained by the Office of | 13 |
| the State Fire Marshal.
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| Section 30. Powers vested in Environmental Protection | 15 |
| Agency. | 16 |
| (a) The Illinois Emergency Management Agency shall | 17 |
| exercise, administer, and enforce all rights, powers, and | 18 |
| duties vested in the Environmental Protection Agency by | 19 |
| paragraphs a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, | 20 |
| and r of Section 4 and by Sections 30 through 45 of the | 21 |
| Environmental Protection Act, to the extent that these powers | 22 |
| relate to standards of the Pollution Control Board adopted | 23 |
| under Section 35 of this Act. The transfer of rights, powers, | 24 |
| and duties specified in this Section is limited to the programs | 25 |
| transferred by Public Act 81-1516 and this Act and shall not be | 26 |
| deemed to abolish or diminish the exercise of those same | 27 |
| rights, powers, and duties by the Environmental Protection | 28 |
| Agency with respect to programs retained by the Environmental | 29 |
| Protection Agency.
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| (b) Notwithstanding provisions in Sections 4 and 17.7 of | 31 |
| the Environmental Protection Act, the Environmental Protection | 32 |
| Agency is not required to perform analytical services for | 33 |
| community water supplies to determine compliance with |
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| contaminant levels for radionuclides as specified in State or | 2 |
| federal drinking water regulations.
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| (c) Community water supplies may request the Illinois | 4 |
| Emergency Management Agency to perform analytical services to | 5 |
| determine compliance with contaminant levels for radionuclides | 6 |
| as specified in State or federal drinking water regulations. | 7 |
| The Illinois Emergency Management Agency must adopt rules | 8 |
| establishing reasonable fees reflecting the direct and | 9 |
| indirect cost of testing community water supply samples. The | 10 |
| rules may require a community water supply to commit to | 11 |
| participation in the Illinois Emergency Management Agency's | 12 |
| testing program. Neither the Illinois Emergency Management | 13 |
| Agency nor the Environmental Protection Agency is required to | 14 |
| perform analytical services to determine contaminant levels | 15 |
| for radionuclides from any community water supply that does not | 16 |
| participate in the Illinois Emergency Management Agency's | 17 |
| testing program.
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| Community water supplies that choose not to participate in | 19 |
| the Illinois Emergency Management Agency's testing program or | 20 |
| do not pay
the fees established by the Illinois Emergency | 21 |
| Management Agency shall have the duty to analyze all drinking | 22 |
| water samples as required by State or federal safe drinking | 23 |
| water regulations to determine radionuclide contaminant | 24 |
| levels.
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| Section 35. Pollution Control Board regulations concerning | 26 |
| nuclear plants. The Illinois Emergency Management Agency shall | 27 |
| enforce the regulations promulgated by the Pollution Control | 28 |
| Board under Section 25b of the Environmental Protection Act. | 29 |
| Under these regulations the Illinois Emergency Management | 30 |
| Agency shall require that a person, corporation, or public | 31 |
| authority intending to construct a nuclear steam-generating | 32 |
| facility or a nuclear fuel reprocessing plant file with the | 33 |
| Illinois Emergency Management Agency an environmental |
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| feasibility report that incorporates the data provided in the | 2 |
| preliminary safety analysis required to be filed with the | 3 |
| United States Nuclear Regulatory Commission. | 4 |
| Section 40. Regulation of nuclear safety. The Illinois | 5 |
| Emergency Management Agency shall have primary responsibility | 6 |
| for the coordination and oversight of all State governmental | 7 |
| functions concerning the regulation of nuclear power, | 8 |
| including low level waste management, environmental | 9 |
| monitoring, and transportation of nuclear waste. Functions | 10 |
| performed by the Department of State Police and the Department | 11 |
| of Transportation in the area of nuclear safety, on the | 12 |
| effective date of this Act, may continue to be performed by | 13 |
| these agencies but under the direction of the Illinois | 14 |
| Emergency Management Agency. All other governmental functions | 15 |
| regulating nuclear safety shall be coordinated by Illinois | 16 |
| Emergency Management Agency. | 17 |
| Section 45. Appointment of Assistant Director. The | 18 |
| Assistant Director shall be an officer appointed by the | 19 |
| Governor, with the advice and consent of the
Senate, and shall | 20 |
| serve for a term of 2 years beginning on the third Monday in | 21 |
| January of the odd-numbered year, and until a successor is | 22 |
| appointed and has qualified; except that the first Assistant | 23 |
| Director under this Act shall be the Director of the Department | 24 |
| of Nuclear Safety. The Assistant Director shall not hold any | 25 |
| other remunerative public office. The Assistant Director shall | 26 |
| receive an annual salary as set by the Governor from time to | 27 |
| time or the amount set by the Compensation Review Board, | 28 |
| whichever is higher. If set by the Governor, the Assistant | 29 |
| Director's annual salary may not exceed 85% of the Governor's | 30 |
| 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 | 2 |
| Nuclear Safety are hereby transferred to the Illinois Emergency | 3 |
| Management Agency. The rights of the employees, the State, and | 4 |
| executive agencies under the Personnel Code, any collective | 5 |
| bargaining agreement, or any pension, retirement, or annuity | 6 |
| plan shall not be affected by this Act. | 7 |
| Section 55. Records and property transferred. All books, | 8 |
| records, papers, documents, property (real or personal), | 9 |
| unexpended appropriations, and pending business in any way | 10 |
| pertaining to the rights, powers, and duties transferred by | 11 |
| this Act shall be delivered and transferred to the Illinois | 12 |
| Emergency Management Agency. | 13 |
| Section 60. Data available to Department of Public Health. | 14 |
| All files, records, and data gathered by or under the direction | 15 |
| or authority of the Director under the Civil Administrative | 16 |
| Code of Illinois shall be made available to the Department of | 17 |
| Public Health under the Illinois Health and Hazardous | 18 |
| Substances Registry Act. | 19 |
| Section 65. Nuclear accident plan. The Illinois Emergency | 20 |
| Management Agency shall have primary responsibility to | 21 |
| formulate a comprehensive emergency preparedness and response | 22 |
| plan for any nuclear accident. The Illinois Emergency | 23 |
| Management Agency shall also train and maintain an emergency | 24 |
| response team. | 25 |
| Section 70. Nuclear and radioactive materials | 26 |
| transportation plan. The Illinois Emergency Management Agency | 27 |
| shall formulate a comprehensive plan regarding the | 28 |
| transportation of nuclear and radioactive materials in | 29 |
| Illinois. The Illinois Emergency Management Agency shall have | 30 |
| primary responsibility for all State governmental regulation |
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| of the transportation of nuclear and radioactive materials, | 2 |
| insofar as the regulation pertains to the public health and | 3 |
| safety. This responsibility shall include but not be limited to | 4 |
| the authority to oversee and coordinate regulatory functions | 5 |
| performed by the Department of Transportation, the Department | 6 |
| of State Police, and the Illinois Commerce Commission. | 7 |
| Section 75. Communication system. The Illinois Emergency | 8 |
| Management Agency shall establish a reliable system for | 9 |
| communication between the public and the Illinois Emergency | 10 |
| Management Agency and for dissemination of information by the | 11 |
| Illinois Emergency Management Agency.
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| Section 80. No accreditation, certification, or | 13 |
| registration if in default on educational loan. The Illinois | 14 |
| Emergency Management Agency shall not issue or renew to any | 15 |
| individual any accreditation, certification, or registration | 16 |
| (but excluding registration under Section 24.7 of the Radiation | 17 |
| Protection Act of 1990) otherwise issued by the Illinois | 18 |
| Emergency Management Agency if the individual has defaulted on | 19 |
| an educational loan guaranteed by the Illinois Student | 20 |
| Assistance Commission; however, the Agency may issue or renew | 21 |
| an accreditation, certification, or registration if the | 22 |
| individual has established a satisfactory repayment record as | 23 |
| determined by the Illinois Student Assistance Commission. | 24 |
| Additionally, any accreditation, certification, or | 25 |
| registration issued by the Illinois Emergency Management | 26 |
| Agency (but excluding registration under Section 24.7 of the | 27 |
| Radiation Protection Act of 1990) may be suspended or revoked | 28 |
| if the Illinois Emergency Management Agency, after the | 29 |
| opportunity for a hearing under the appropriate accreditation, | 30 |
| certification, or registration Act, finds that the holder has | 31 |
| failed to make satisfactory repayment to the Illinois Student | 32 |
| Assistance Commission for a delinquent or defaulted loan as |
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| determined by the Illinois Student Assistance Commission. | 2 |
| Section 85. Saving clause. | 3 |
| (a) The rights, powers and duties transferred to the | 4 |
| Illinois Emergency Management Agency by this Act shall be | 5 |
| vested in and shall be exercised by the Illinois Emergency | 6 |
| Management Agency. Each act done in exercise of such rights, | 7 |
| powers, and duties shall have the same legal effect as if done | 8 |
| by the Department of Nuclear Safety, its divisions, officers, | 9 |
| or employees.
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| (b) Every person or corporation shall be subject to the | 11 |
| same obligations and duties and any penalties, civil or | 12 |
| criminal, arising therefrom, and shall have the same rights | 13 |
| arising from the exercise of such powers, duties, rights and | 14 |
| responsibilities as had been exercised by the Department of | 15 |
| Nuclear Safety, its divisions, officers or employees.
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| (c) Every officer of the Illinois Emergency Management | 17 |
| Agency shall, for any offense, be subject to the same penalty | 18 |
| or penalties, civil or criminal, as are prescribed by existing | 19 |
| law for the same offense by any officer whose powers or duties | 20 |
| were transferred under this Act.
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| (d) Whenever reports or notices are now required to be made | 22 |
| or given or papers or documents furnished or served by any | 23 |
| person to or upon the agencies and officers transferred by this | 24 |
| Act, the same shall be made, given, furnished, or served in the | 25 |
| same manner to or upon the Illinois Emergency Management | 26 |
| Agency.
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| (e) This Act shall not affect any act done, ratified, or | 28 |
| canceled or any right occurring or established or any action or | 29 |
| proceeding had or commenced in an administrative, civil, or | 30 |
| criminal cause regarding the
Department of Nuclear Safety | 31 |
| before this Act takes effect, but such actions or proceedings | 32 |
| may be prosecuted and continued by the Illinois Emergency | 33 |
| Management Agency.
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| (f) Any rules of the Department of Nuclear Safety that are | 2 |
| in full force on the effective date of this Act and that have | 3 |
| been duly adopted by the Illinois Emergency Management Agency | 4 |
| shall become the rules of the Illinois Emergency Management | 5 |
| Agency. This Act shall not affect the legality of any such | 6 |
| rules in the Illinois Administrative Code. Any proposed rules | 7 |
| filed with the Secretary of State by the Department of Nuclear | 8 |
| Safety that are pending in the rulemaking process on the | 9 |
| effective date of this Act, shall be deemed to have been filed | 10 |
| by the Illinois Emergency Management Agency. As soon as | 11 |
| practicable hereafter, the Illinois Emergency Management | 12 |
| Agency shall revise and clarify the rules transferred to it | 13 |
| under this Act to reflect the reorganization of rights, powers, | 14 |
| and duties effected by this Act using the procedures for | 15 |
| recodification of rules available under the Illinois | 16 |
| Administrative Procedure Act, except that existing title, | 17 |
| part, and section numbering for the affected rules may be | 18 |
| retained. The Illinois Emergency Management Agency may propose | 19 |
| and adopt under the Illinois Administrative Procedure Act such | 20 |
| other rules of the reorganized agencies that will now be | 21 |
| administered by the Illinois Emergency Management Agency.
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| (g) If any provision of this Act or its application to any | 23 |
| person or circumstances is held invalid by any court of | 24 |
| competent jurisdiction, this invalidity does not effect any | 25 |
| other provision or application. To achieve this purpose, the | 26 |
| provisions of this Act are declared to be severable.
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| Section 905. The Civil Administrative Code of Illinois is | 28 |
| amended by changing Sections 5-15, 5-20, and 5-160 as follows:
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| (20 ILCS 5/5-15) (was 20 ILCS 5/3)
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| Sec. 5-15. Departments of State government. The | 31 |
| Departments of
State government are created as follows:
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| The Department on Aging.
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| The Department of Agriculture.
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| The Department of Central Management Services.
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| The Department of Children and Family Services.
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| The Department of Commerce and Economic Opportunity.
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| The Department of Corrections.
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| The Department of Employment Security.
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| The Emergency Management Agency.
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| The Department of Financial Institutions.
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| The Department of Human Rights.
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| The Department of Human Services.
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| The Department of Insurance.
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| The Department of Labor.
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| The Department of the Lottery.
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| The Department of Natural Resources.
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| The Department of Nuclear Safety.
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| The Department of Professional Regulation.
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| The Department of Public Aid.
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| The Department of Public Health.
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| The Department of Revenue.
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| The Department of State Police.
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| The Department of Transportation.
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| The Department of Veterans' Affairs.
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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| Sec. 5-20. Heads of departments. Each department shall have | 26 |
| an
officer as its head who shall
be known as director or | 27 |
| secretary and who shall, subject to the
provisions of the Civil | 28 |
| Administrative Code of Illinois,
execute the powers and | 29 |
| discharge the duties
vested by law in his or her respective | 30 |
| department.
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| The following officers are hereby created:
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| Director of Aging, for the Department on Aging.
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| Director of Agriculture, for the Department of |
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| Agriculture.
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| Director of Central Management Services, for the | 3 |
| Department of Central
Management Services.
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| Director of Children and Family Services, for the | 5 |
| Department of Children and
Family Services.
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| Director of Commerce and Economic Opportunity, for
the | 7 |
| Department of Commerce
and Economic Opportunity.
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| Director of Corrections, for the Department of | 9 |
| Corrections.
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| Director of Emergency Management Agency, for the Emergency | 11 |
| Management Agency.
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| Director of Employment Security, for the Department of | 13 |
| Employment Security.
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| Director of Financial Institutions, for the Department of | 15 |
| Financial
Institutions.
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| Director of Human Rights, for the Department of Human | 17 |
| Rights.
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| Secretary of Human Services, for the Department of Human | 19 |
| Services.
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| Director of Insurance, for the Department of Insurance.
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| Director of Labor, for the Department of Labor.
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| Director of the Lottery, for the Department of the Lottery.
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| Director of Natural Resources, for the Department of | 24 |
| Natural Resources.
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| Director of Nuclear Safety, for the Department of Nuclear | 26 |
| Safety.
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| Director of Professional Regulation, for the Department of | 28 |
| Professional
Regulation.
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| Director of Public Aid, for the Department of Public Aid.
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| Director of Public Health, for the Department of Public | 31 |
| Health.
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| Director of Revenue, for the Department of Revenue.
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| Director of State Police, for the Department of State | 34 |
| Police.
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| Secretary of Transportation, for the Department of | 2 |
| Transportation.
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| Director of Veterans' Affairs, for the Department of | 4 |
| Veterans' Affairs.
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h)
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| Sec. 5-160. In the Emergency Management Agency
Department | 8 |
| of Nuclear Safety . Assistant
Director of the Emergency | 9 |
| Management Agency
of Nuclear Safety .
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| (Source: P.A. 91-239, eff. 1-1-00.)
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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. | 14 |
| Section 915. The Illinois Nuclear Safety Preparedness Act | 15 |
| is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, and 10 as | 16 |
| follows:
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| (420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
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| Sec. 3. Definitions. Unless the context otherwise clearly | 19 |
| requires, as used
in
this Act:
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| (1) " Agency
Department " means the Illinois Emergency | 21 |
| Management Agency
Department of Nuclear Safety
of the State of | 22 |
| Illinois.
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| (2) "Director" means the Director of the Illinois Emergency | 24 |
| Management Agency
Department of Nuclear Safety .
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| (3) "Person" means any individual, corporation, | 26 |
| partnership, firm,
association, trust, estate, public or | 27 |
| private institution, group,
agency, political subdivision of | 28 |
| this State, any other state or
political subdivision or agency | 29 |
| thereof, and any legal successor,
representative, agent, or | 30 |
| agency of the foregoing.
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| (4) "NRC" means the United States Nuclear Regulatory | 2 |
| Commission or
any agency which succeeds to its functions in the | 3 |
| licensing of nuclear
power reactors or facilities for storing | 4 |
| spent nuclear fuel.
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| (5) "High-level radioactive waste" means (1) the highly | 6 |
| radioactive
material resulting from the reprocessing of spent | 7 |
| nuclear fuel including
liquid waste produced directly in | 8 |
| reprocessing and any solid material
derived from such liquid | 9 |
| waste that contains fission products in sufficient
| 10 |
| concentrations; and (2) the highly radioactive material that | 11 |
| the NRC has
determined to be high-level radioactive waste | 12 |
| requiring permanent isolation.
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| (6) "Nuclear facilities" means nuclear power plants, | 14 |
| facilities housing
nuclear test and research reactors, | 15 |
| facilities for the chemical conversion
of uranium, and | 16 |
| facilities for the storage of spent nuclear fuel or
high-level | 17 |
| radioactive waste.
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| (7) "Spent nuclear fuel" means fuel that has been withdrawn | 19 |
| from a
nuclear reactor following irradiation, the constituent | 20 |
| elements of which
have not been separated by reprocessing.
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| (8) "Transuranic waste" means material contaminated with | 22 |
| elements that
have an atomic number greater than 92, including | 23 |
| neptunium, plutonium,
americium, and curium, excluding | 24 |
| radioactive wastes shipped to a licensed
low-level radioactive | 25 |
| waste disposal facility.
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| (9) "Highway route controlled quantity of radioactive | 27 |
| materials" means that quantity of radioactive materials | 28 |
| defined as a highway route controlled quantity under rules of | 29 |
| the United States Department of Transportation, or any | 30 |
| successor agency.
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| (Source: P.A. 90-601, eff. 6-26-98.)
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| (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
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| Sec. 4. Nuclear accident plans; fees. Persons engaged |
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| within this State
in the production of electricity utilizing | 2 |
| nuclear energy, the operation of
nuclear test and research | 3 |
| reactors, the chemical conversion of uranium, or the
| 4 |
| transportation, storage or possession of spent nuclear fuel or | 5 |
| high-level
radioactive waste shall pay fees to cover the cost | 6 |
| of establishing plans and
programs to deal with the possibility | 7 |
| of nuclear accidents. Except as provided
below, the fees shall | 8 |
| be used exclusively to fund those Agency
Departmental and local
| 9 |
| government activities defined as necessary by the Director to | 10 |
| implement and
maintain the plans and programs authorized by | 11 |
| this Act. Local governments
incurring expenses attributable to | 12 |
| implementation and maintenance of the plans
and programs | 13 |
| authorized by this Act may apply to the Agency
Department for
| 14 |
| compensation for those expenses, and upon approval by the | 15 |
| Director of
applications
submitted by local governments, the | 16 |
| Agency
Department shall compensate local
governments from fees | 17 |
| collected under this Section. Compensation for local
| 18 |
| governments shall include $450,000 for fiscal year 2003 and | 19 |
| $450,000 each fiscal year thereafter.
$250,000 in any year | 20 |
| through
fiscal year 1993, $275,000 in fiscal year 1994 and | 21 |
| fiscal year 1995,
$300,000 in fiscal year 1996, $400,000 in | 22 |
| fiscal year 1997, and $450,000
in fiscal year 1998 and | 23 |
| thereafter.
Appropriations to the Department of Nuclear Safety | 24 |
| for compensation to local
governments from the Nuclear Safety | 25 |
| Emergency
Preparedness Fund provided for in this Section shall | 26 |
| not exceed $650,000 per
State fiscal year. Expenditures for | 27 |
| compensation to local governments from these appropriations | 28 |
| shall not exceed, in
a single State fiscal year, $450,000 and
| 29 |
| the annual compensation amount made available to
local
| 30 |
| governments under this Section, unexpended funds made | 31 |
| available for local
government
compensation in the previous | 32 |
| fiscal year, and funds recovered under
the Illinois Grant Funds | 33 |
| Recovery Act during previous fiscal years.
Notwithstanding any | 34 |
| other provision of this Act, the expenditure limitation for
|
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| fiscal year 1998 shall include the additional $100,000 made | 2 |
| available to local
governments for fiscal year 1997 under this | 3 |
| amendatory Act of 1997. Any funds
within these expenditure | 4 |
| limitations compensation to local governments ,
including
the | 5 |
| additional $100,000 made
available for fiscal year 1997 under | 6 |
| this amendatory Act of 1997,
that remain unexpended at the | 7 |
| close of
business on June 30, 1997, and on June 30 of each | 8 |
| State fiscal
succeeding year,
shall be
excluded from the | 9 |
| calculations of credits under
subparagraph
(3) of this Section. | 10 |
| The
Agency
Department shall, by rule, determine the method for | 11 |
| compensating local
governments under this Section. In
| 12 |
| addition, a portion of the fees collected may be appropriated | 13 |
| to the Illinois
Emergency Management Agency for activities | 14 |
| associated with preparing and
implementing plans to deal with | 15 |
| the effects of nuclear accidents. The
appropriation shall not | 16 |
| exceed $500,000 in any year preceding
fiscal year 1996; the | 17 |
| appropriation shall not exceed $625,000 in fiscal year
1996, | 18 |
| $725,000 in fiscal year 1997, and $775,000 in fiscal year 1998 | 19 |
| and
thereafter. The fees shall consist of
the following:
| 20 |
| (1) (Blank).
A one-time charge of $590,000 per nuclear power | 21 |
| station in this State to
be paid by the owners of the stations.
| 22 |
| (2) (Blank).
An additional charge of $240,000 per nuclear | 23 |
| power station for which
a fee under subparagraph (1) was paid | 24 |
| before June 30, 1982.
| 25 |
| (3) Through June 30, 1982, an annual fee of $75,000 per | 26 |
| year for
each
nuclear power reactor for which an operating | 27 |
| license has been issued by
the NRC, and after June 30, 1982, | 28 |
| and through June 30, 1984 an
annual fee of $180,000 per year | 29 |
| for each nuclear power reactor for which an
operating license | 30 |
| has been issued by the NRC, and after June 30, 1984,
and | 31 |
| through June 30, 1991, an annual fee of $400,000 for each | 32 |
| nuclear power
reactor for which an operating license has been | 33 |
| issued by the NRC, to be
paid by the owners of nuclear power | 34 |
| reactors operating in this State.
After June 30, 1991, the
The
|
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| owners of nuclear power reactors in this State for
which | 2 |
| operating licenses have been issued by the NRC shall pay the
| 3 |
| following fees for each such nuclear power reactor: for State | 4 |
| fiscal year
1992, $925,000; for State fiscal year 1993, | 5 |
| $975,000; for State fiscal year
1994; $1,010,000; for State | 6 |
| fiscal year 1995, $1,060,000; for State
fiscal years 1996 and | 7 |
| 1997,
$1,110,000; for State fiscal year 1998, $1,314,000; for | 8 |
| State fiscal year
1999, $1,368,000; for State fiscal year 2000, | 9 |
| $1,404,000; for State fiscal year
2001, $1,696,455; for State | 10 |
| fiscal year 2002, $1,730,636; for State fiscal year
2003 and | 11 |
| subsequent fiscal years, $1,757,727. Within 120
days
after the | 12 |
| end of the State fiscal year, the Agency
Department shall | 13 |
| determine,
from the records of the Office of the Comptroller, | 14 |
| the balance in the
Nuclear Safety Emergency Preparedness Fund. | 15 |
| When the balance in the fund,
less any fees collected under | 16 |
| this Section prior to their being due and
payable for the | 17 |
| succeeding fiscal year or years, exceeds $400,000 at the
close | 18 |
| of business on June 30, 1993, 1994, 1995, 1996, 1997, and 1998,
| 19 |
| or
exceeds $500,000 at the close of business on June 30, 2003
| 20 |
| 1999 and June 30 of
each succeeding year,
the excess shall be | 21 |
| credited to the owners of nuclear power reactors who
are | 22 |
| assessed fees under this subparagraph. Credits shall be
applied
| 23 |
| against the fees to be collected under this subparagraph for | 24 |
| the subsequent
fiscal year. Each owner shall receive as a | 25 |
| credit that amount of the
excess which corresponds | 26 |
| proportionately to the amount the owner
contributed to all fees | 27 |
| collected under this subparagraph in the fiscal
year that | 28 |
| produced the excess.
| 29 |
| (3.5) The owner of a nuclear power reactor that notifies | 30 |
| the Nuclear
Regulatory Commission that the nuclear power | 31 |
| reactor has permanently ceased
operations during State fiscal | 32 |
| year 1998
shall pay the following fees for each such nuclear | 33 |
| power reactor: $1,368,000
for State fiscal year 1999 and | 34 |
| $1,404,000 for State fiscal year 2000.
|
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| (4) (Blank).
A capital expenditure surcharge of $1,400,000 | 2 |
| per nuclear power
station in this State, whether operating or | 3 |
| under construction, shall be
paid by the owners of the station.
| 4 |
| (5) An annual fee of $25,000 per year for each site for | 5 |
| which
a valid operating license has been issued by NRC for the | 6 |
| operation of an
away-from-reactor spent nuclear fuel or | 7 |
| high-level radioactive
waste storage facility, to be paid by | 8 |
| the owners
of facilities for the storage of spent nuclear fuel | 9 |
| or high-level
radioactive waste for others in this State.
| 10 |
| (6) A one-time charge of $280,000 for each facility in this | 11 |
| State
housing a nuclear test and research reactor, to be paid | 12 |
| by the operator of
the facility. However, this charge shall not | 13 |
| be required to be paid by any
tax-supported institution.
| 14 |
| (7) A one-time charge of $50,000 for each facility in this | 15 |
| State for
the chemical conversion of uranium, to be paid by the | 16 |
| owner of the facility.
| 17 |
| (8) An annual fee of $150,000 per year for each facility in | 18 |
| this State
housing a nuclear test and research reactor, to be | 19 |
| paid by the operator of
the facility. However, this annual fee | 20 |
| shall not be required to be paid by any
tax-supported | 21 |
| institution.
| 22 |
| (9) An annual fee of $15,000 per year for each facility in | 23 |
| this State
for the chemical conversion of uranium, to be paid | 24 |
| by the owner of the
facility.
| 25 |
| (10) A fee assessed at the rate of $2,500 per truck for
| 26 |
| each truck shipment
and $4,500 for the first cask and $3,000 | 27 |
| for each additional cask for each rail
shipment of spent | 28 |
| nuclear fuel, high-level
radioactive waste, or transuranic | 29 |
| waste , or a highway route controlled quantity of radioactive | 30 |
| materials received at or departing from any
nuclear power | 31 |
| station
or away-from-reactor spent nuclear fuel, high-level | 32 |
| radioactive
waste, or transuranic waste
storage facility , or | 33 |
| other facility in this State to be paid by the shipper of the | 34 |
| spent nuclear
fuel, high level radioactive waste, or
|
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| transuranic waste , or highway route controlled quantity of | 2 |
| radioactive material .
Truck
shipments of greater than 250 miles | 3 |
| in Illinois are subject to a surcharge of
$25 per mile over 250 | 4 |
| miles for each truck in the shipment. The amount
of fees
| 5 |
| collected each fiscal year under this subparagraph shall be | 6 |
| excluded from the
calculation of credits under subparagraph (3) | 7 |
| of this Section.
| 8 |
| (11) A fee assessed at the rate of $2,500 per truck
for | 9 |
| each truck shipment
and $4,500 for the first cask and $3,000 | 10 |
| for each additional cask for each rail
shipment of spent | 11 |
| nuclear
fuel, high-level
radioactive waste, or transuranic | 12 |
| waste , or a highway route controlled quantity of radioactive | 13 |
| materials traversing the State to be paid by
the shipper of the | 14 |
| spent nuclear fuel, high level radioactive waste, or
| 15 |
| transuranic waste , or highway route controlled quantity of | 16 |
| radioactive material . Truck shipments of greater than 250 miles | 17 |
| in
Illinois are subject to a surcharge of $25 per mile over 250 | 18 |
| miles for each
truck in the shipment. The
amount of fees | 19 |
| collected each fiscal year under this
subparagraph shall be | 20 |
| excluded from the calculation of credits under
subparagraph (3) | 21 |
| of this Section.
| 22 |
| (12) (Blank).
In each of the State fiscal years 1988 | 23 |
| through 1991, in addition
to the annual fee provided for in | 24 |
| subparagraph (3), a fee of $400,000 for
each nuclear power | 25 |
| reactor for which an operating license has been issued
by the | 26 |
| NRC, to be paid by the owners of nuclear power reactors | 27 |
| operating in
this State. Within 120 days after the end of the | 28 |
| State fiscal years ending
June 30, 1988, June 30, 1989, June | 29 |
| 30, 1990, and June 30, 1991, the
Department shall determine the | 30 |
| expenses of the Illinois Nuclear
Safety Preparedness Program | 31 |
| paid from funds appropriated for those fiscal
years. When the | 32 |
| aggregate of all fees, charges, and surcharges collected
under | 33 |
| this Section during any fiscal year exceeds the total | 34 |
| expenditures
under this Act from appropriations for that fiscal |
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| year, the excess shall
be credited to the owners of nuclear | 2 |
| power reactors who are assessed fees
under this subparagraph, | 3 |
| and the credits shall be applied against the fees
to be | 4 |
| collected under this subparagraph for the subsequent fiscal | 5 |
| year.
Each owner shall receive as a credit that amount of the | 6 |
| excess that
corresponds proportionately to the amount the owner | 7 |
| contributed to all fees
collected under this subparagraph in | 8 |
| the fiscal year that produced the excess.
| 9 |
| (Source: P.A. 91-47, eff.
6-30-99; 91-857, eff. 6-22-00; | 10 |
| 92-576, eff. 6-26-02.)
| 11 |
| (420 ILCS 5/5) (from Ch. 111 1/2, par. 4305)
| 12 |
| Sec. 5. (a) Except as otherwise provided in this Section, | 13 |
| within 30 days
after the beginning of each State fiscal year, | 14 |
| each
person who possessed a valid operating license issued by | 15 |
| the NRC for a nuclear
power reactor or a spent fuel storage | 16 |
| facility during any portion of the
previous fiscal year shall | 17 |
| pay to the Agency
Department the fees imposed by Section
4 of | 18 |
| this Act. The one-time facility charge assessed pursuant to | 19 |
| subparagraph
(1) of Section 4 shall be paid to the Department | 20 |
| not less than 2 years prior
to scheduled commencement of | 21 |
| commercial operation. The additional facility
charge assessed | 22 |
| pursuant to subparagraph (2) of Section 4 shall be paid
to the | 23 |
| Department within 90 days of June 30, 1982.
Fees assessed | 24 |
| pursuant to subparagraph (3) of Section 4 for State fiscal
year | 25 |
| 1992 shall be payable as follows: $400,000 due on August 1, | 26 |
| 1991, and
$525,000 due on January 1, 1992. Fees assessed | 27 |
| pursuant to subparagraph
(3) of Section 4 for State fiscal year | 28 |
| 1993 and subsequent fiscal years
shall be due and payable in | 29 |
| two equal payments on July 1 and January 1
during the fiscal | 30 |
| year in which the fee is due.
Fees assessed pursuant to | 31 |
| subparagraph (4) of Section 4 shall be paid in
six payments, | 32 |
| the first, in the amount of $400,000, shall be due and
payable | 33 |
| 30 days after the effective date of this Amendatory Act of |
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| 1984.
Subsequent payments shall be in the amount of $200,000 | 2 |
| each, and shall be
due and payable annually on August 1, 1985 | 3 |
| through August 1, 1989, inclusive.
Fees assessed under the | 4 |
| provisions of subparagraphs (6) and (7) of
Section 4 of this | 5 |
| Act shall be paid on or before January 1, 1990. Fees
assessed | 6 |
| under the provisions of subparagraphs (8) and (9) of Section 4 | 7 |
| of
this Act shall be paid on or before January 1st of each | 8 |
| year, beginning
January 1, 1990. Fees assessed under the | 9 |
| provisions of subparagraphs (10) and
(11) of Section 4 of this | 10 |
| Act shall be paid to the Agency
Department within 60 days
after
| 11 |
| completion of such shipments within this State. Fees assessed | 12 |
| pursuant to
subparagraph (12) of Section 4 shall be paid to the | 13 |
| Department by each
person who possessed a valid operating | 14 |
| license issued by the NRC for a
nuclear power reactor during | 15 |
| any portion of the previous State fiscal year
as follows: the | 16 |
| fee due in fiscal year 1988 shall be paid on January 15,
1988, | 17 |
| the fee due in fiscal year 1989 shall be paid on December 1, | 18 |
| 1988,
and subsequent fees shall be paid annually on December 1, | 19 |
| 1989 through
December 1, 1990.
| 20 |
| (b) Fees assessed pursuant to paragraph (3.5) of Section 4 | 21 |
| for State
fiscal years 1999 and 2000 shall be due and payable | 22 |
| in 2 equal payments on
July 1 and January 1 during the fiscal | 23 |
| year in which the fee is due.
The fee due on July 1, 1998 shall | 24 |
| be
payable on that date, or within 10 days after the effective | 25 |
| date of this
amendatory Act of 1998, whichever is later.
| 26 |
| (c) Any person who fails to pay a fee assessed under | 27 |
| Section 4 of this Act
within
90
days after the fee is payable | 28 |
| is liable in a civil action for an amount
not to exceed 4 times | 29 |
| the amount assessed and not paid. The action shall be
brought | 30 |
| by the Attorney General at the request of the Agency
| 31 |
| Department . If the action
involves a fixed facility in | 32 |
| Illinois, the action shall be brought in the
Circuit Court of | 33 |
| the county in which the facility is located. If the action
does | 34 |
| not involve a fixed facility in Illinois, the action shall be |
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| brought in
the Circuit Court of Sangamon County.
| 2 |
| (Source: P.A. 90-601, eff. 6-26-98; 91-47, eff. 6-30-99.)
| 3 |
| (420 ILCS 5/6) (from Ch. 111 1/2, par. 4306)
| 4 |
| Sec. 6. The Agency
Department shall prepare a budget | 5 |
| showing the cost (including
capital expenditures) to be | 6 |
| incurred in administering this Act during the
fiscal year in | 7 |
| question. Such budget shall be prepared only after consultation
| 8 |
| with those liable for the fees imposed by this Act as to the | 9 |
| costs necessary
to enable the Agency
Department to perform its | 10 |
| responsibilities under this Act.
| 11 |
| (Source: P.A. 81-577.)
| 12 |
| (420 ILCS 5/7) (from Ch. 111 1/2, par. 4307)
| 13 |
| Sec. 7. All monies received by the Agency
Department under | 14 |
| this Act shall be
deposited in the State Treasury and shall be | 15 |
| set apart in a special fund to
be known as the "Nuclear Safety | 16 |
| Emergency Preparedness Fund". All monies
within the Nuclear | 17 |
| Safety Emergency Preparedness Fund shall be invested by
the | 18 |
| State Treasurer in accordance with established investment | 19 |
| practices.
Interest earned by such investment shall be returned | 20 |
| to the Nuclear Safety
Emergency Preparedness Fund. Monies | 21 |
| deposited in this fund shall be
expended by the Director only | 22 |
| to support the activities of the Illinois
Nuclear Safety | 23 |
| Preparedness Program, including activities of the Illinois
| 24 |
| State Police and the Illinois Commerce Commission under Section | 25 |
| 8(a)(9).
| 26 |
| (Source: P.A. 92-576, eff. 6-26-02.)
| 27 |
| (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
| 28 |
| Sec. 8. (a) The Illinois Nuclear Safety Preparedness | 29 |
| Program shall
consist of an assessment of the potential nuclear | 30 |
| accidents, their
radiological consequences, and the necessary | 31 |
| protective actions required to
mitigate the effects of such |
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| accidents. It shall include, but not
necessarily be limited to:
| 2 |
| (1) Development of a remote effluent monitoring system | 3 |
| capable of
reliably detecting and quantifying accidental | 4 |
| radioactive releases from
nuclear power plants to the | 5 |
| environment;
| 6 |
| (2) Development of an environmental monitoring program | 7 |
| for nuclear
facilities other than nuclear power plants;
| 8 |
| (3) Development of procedures for radiological | 9 |
| assessment and radiation
exposure control for areas | 10 |
| surrounding each nuclear facility in Illinois;
| 11 |
| (4) Radiological training of state and local emergency
| 12 |
| response personnel in accordance with the Agency's
| 13 |
| Department's responsibilities
under the program;
| 14 |
| (5) Participation in the development of accident | 15 |
| scenarios
and in the exercising of fixed facility nuclear | 16 |
| emergency response plans;
| 17 |
| (6) Development of mitigative emergency planning | 18 |
| standards including,
but not limited to, standards | 19 |
| pertaining to evacuations, re-entry into
evacuated areas, | 20 |
| contaminated foodstuffs and contaminated water supplies;
| 21 |
| (7) Provision of specialized response equipment | 22 |
| necessary to accomplish
this task;
| 23 |
| (8) Implementation of the Boiler and Pressure Vessel | 24 |
| Safety program
at nuclear steam-generating facilities as | 25 |
| mandated by
Section
2005-35 of the Department of Nuclear | 26 |
| Safety Law , or its successor statute
(20 ILCS
| 27 |
| 2005/2005-35) ;
| 28 |
| (9) Development and implementation of a plan for | 29 |
| inspecting and
escorting all shipments of spent nuclear | 30 |
| fuel, high-level
radioactive
waste, and transuranic waste , | 31 |
| and highway route controlled quantities of radioactive | 32 |
| materials in Illinois; and
| 33 |
| (10) Implementation of the program under the Illinois | 34 |
| Nuclear Facility
Safety Act.
|
|
|
|
09300HB5042ham002 |
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LRB093 18307 BDD 49252 a |
|
| 1 |
| (b) The Agency
Department may incorporate data collected by | 2 |
| the operator of a
nuclear facility into the Agency's
| 3 |
| Department's remote monitoring system.
| 4 |
| (c) The owners of each nuclear power reactor in Illinois | 5 |
| shall provide
the Agency
Department all system status signals | 6 |
| which initiate Emergency Action
Level Declarations, actuate | 7 |
| accident mitigation and provide mitigation
verification as | 8 |
| directed by the Agency
Department . The Agency
Department shall | 9 |
| designate
by rule those system status signals that must be | 10 |
| provided. Signals
providing indication of operating power | 11 |
| level shall also be provided.
The owners of the nuclear power | 12 |
| reactors shall, at their expense, ensure
that valid signals | 13 |
| will be provided continuously 24 hours a day.
| 14 |
| All such signals shall be provided in a manner and at a | 15 |
| frequency
specified by the Agency
Department for incorporation | 16 |
| into and augmentation of the
remote effluent monitoring system | 17 |
| specified in subsection (a) (1) of this
Section. Provision | 18 |
| shall be made for assuring that such system status and
power | 19 |
| level signals shall be available to the Agency
Department
| 20 |
| during reactor
operation as well as throughout accidents and | 21 |
| subsequent
recovery operations.
| 22 |
| For nuclear reactors with operating licenses issued by the | 23 |
| Nuclear
Regulatory Commission prior to the effective date of | 24 |
| this amendatory Act,
such system status and power level signals | 25 |
| shall be provided to the
Department of Nuclear Safety (of which | 26 |
| the Agency is the successor) by March 1, 1985. For reactors | 27 |
| without such a license on the
effective date of this amendatory | 28 |
| Act, such signals shall be provided to
the Department prior to | 29 |
| commencing initial fuel load for such reactor.
Nuclear reactors | 30 |
| receiving their operating license after the effective date
of | 31 |
| this amendatory Act, but before July 1, 1985, shall provide | 32 |
| such system
status and power level signals to the Department of | 33 |
| Nuclear Safety (of which the Agency is the successor) by | 34 |
| September 1, 1985.
|
|
|
|
09300HB5042ham002 |
- 25 - |
LRB093 18307 BDD 49252 a |
|
| 1 |
| (Source: P.A. 90-601, eff. 6-26-98; 91-239, eff. 1-1-00.)
| 2 |
| (420 ILCS 5/9) (from Ch. 111 1/2, par. 4309)
| 3 |
| Sec. 9. Any equipment purchased by the Agency
Department to | 4 |
| be installed on
the premises of a nuclear facility pursuant to | 5 |
| the provisions of
subsections (1), (2) and (7) of Section 8 of | 6 |
| this Act shall be installed by
the owner of such nuclear | 7 |
| facility in accordance with criteria and
standards established | 8 |
| by the Director of the Agency
Department , including criteria
| 9 |
| for location, supporting utilities, and methods of | 10 |
| installation. Such
installation shall be at no cost to the | 11 |
| Agency
Department . The owner of the
nuclear facility shall | 12 |
| also, at its expense, pay for modifications of its
facility as | 13 |
| requested by the Department to accommodate the Agency's
| 14 |
| Department's
equipment including updated equipment, and to | 15 |
| accommodate changes in the
Agency's
Department's criteria and | 16 |
| standards.
| 17 |
| (Source: P.A. 86-901.)
| 18 |
| (420 ILCS 5/10) (from Ch. 111 1/2, par. 4310)
| 19 |
| Sec. 10. The Agency
Department may accept and administer | 20 |
| according to
law, loans, grants, or other funds or gifts from | 21 |
| the Federal
Government and from other sources, public and | 22 |
| private, for
carrying out its functions under this Act.
| 23 |
| (Source: P.A. 83-1342.)
| 24 |
| Section 999. Effective date. This Act takes effect upon | 25 |
| becoming law.".
|
|