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90_HB3631enr
420 ILCS 5/2 from Ch. 111 1/2, par. 4302
420 ILCS 5/3 from Ch. 111 1/2, par. 4303
420 ILCS 5/4 from Ch. 111 1/2, par. 4304
420 ILCS 5/5 from Ch. 111 1/2, par. 4305
420 ILCS 5/7 from Ch. 111 1/2, par. 4307
420 ILCS 5/8 from Ch. 111 1/2, par. 4308
420 ILCS 20/13 from Ch. 111 1/2, par. 241-13
Amends the Illinois Nuclear Safety Preparedness Act.
Increases certain operating fees. Imposes fees upon a
nuclear power reactor that notifies the Nuclear Regulatory
Commission that the nuclear power reactor has permanently
ceased operations during State fiscal year 1998 or 1999.
Increases certain fees for the transportation of spent
nuclear fuel or high-level radioactive waste. Assesses the
same fees upon the transportation of transuranic waste.
Provides that those fees shall be paid by the shipper rather
than the owners of the facilities. Provides that moneys in
the Nuclear Safety Emergency Preparedness Fund may be used to
support activities of the Illinois State Police and the
Illinois Commerce Commission to develop and implement a plan
for inspecting and escorting all shipments of spent nuclear
fuel, high-level radioactive waste, and transuranic waste.
Amends the Illinois Low-Level Radioactive Waste Management
Act. Provides that the owner of any nuclear power reactor
that has an operating license for any portion of State fiscal
year 1998 shall continue to pay an annual fee for the
treatment, storage, and disposal of low-level radioactive
waste through State fiscal year 2003. Effective immediately.
LRB9009040LDdvB
HB3631 Enrolled LRB9009040LDdvB
1 AN ACT concerning nuclear safety, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Nuclear Safety Preparedness Act
5 is amended by changing Sections 2, 3, 4, 5, 7, and 8 as
6 follows:
7 (420 ILCS 5/2) (from Ch. 111 1/2, par. 4302)
8 Sec. 2. It is declared to be the policy of the General
9 Assembly to protect the people of the State of Illinois
10 against adverse health effects resulting from radiological
11 accidents by establishing a mechanism for emergency
12 preparedness to mitigate the effects of such accidents. The
13 General Assembly finds that it is appropriate that the
14 nuclear industry in Illinois bear costs associated with
15 preparing and implementing plans to deal with the effects of
16 nuclear accidents. The fees assessed by this Act are intended
17 to cover the costs of the Nuclear Safety Preparedness Program
18 authorized by this Act.
19 (Source: P.A. 81-577.)
20 (420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
21 Sec. 3. Definitions. Unless the context otherwise clearly
22 requires, as used in this Act:
23 (1) "Department" means the Department of Nuclear Safety
24 of the State of Illinois.
25 (2) "Director" means the Director of the Department of
26 Nuclear Safety.
27 (3) "Person" means any individual, corporation,
28 partnership, firm, association, trust, estate, public or
29 private institution, group, agency, political subdivision of
30 this State, any other state or political subdivision or
HB3631 Enrolled -2- LRB9009040LDdvB
1 agency thereof, and any legal successor, representative,
2 agent, or agency of the foregoing.
3 (4) "NRC" means the United States Nuclear Regulatory
4 Commission or any agency which succeeds to its functions in
5 the licensing of nuclear power reactors or facilities for
6 storing spent nuclear fuel.
7 (5) "High-level radioactive waste" means (1) the highly
8 radioactive material resulting from the reprocessing of spent
9 nuclear fuel including liquid waste produced directly in
10 reprocessing and any solid material derived from such liquid
11 waste that contains fission products in sufficient
12 concentrations; and (2) the highly radioactive material that
13 the NRC has determined to be high-level radioactive waste
14 requiring permanent isolation.
15 (6) "Nuclear facilities" means nuclear power plants,
16 facilities housing nuclear test and research reactors,
17 facilities for the chemical conversion of uranium, and
18 facilities for the storage of spent nuclear fuel or
19 high-level radioactive waste.
20 (7) "Spent nuclear fuel" means fuel that has been
21 withdrawn from a nuclear reactor following irradiation, the
22 constituent elements of which have not been separated by
23 reprocessing.
24 (8) "Transuranic waste" means material contaminated with
25 elements that have an atomic number greater than 92,
26 including neptunium, plutonium, americium, and curium,
27 excluding radioactive wastes shipped to a licensed low-level
28 radioactive waste disposal facility.
29 (Source: P.A. 86-901; 87-127.)
30 (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
31 Sec. 4. Nuclear accident plans; fees. Persons engaged
32 within this State in the production of electricity utilizing
33 nuclear energy, the operation of nuclear test and research
HB3631 Enrolled -3- LRB9009040LDdvB
1 reactors, the chemical conversion of uranium, or the
2 transportation, storage or possession of spent nuclear fuel
3 or high-level radioactive waste shall pay fees to cover the
4 cost of establishing plans and programs to deal with the
5 possibility of nuclear accidents. Except as provided below,
6 the fees shall be used exclusively to fund those Departmental
7 and local government activities defined as necessary by the
8 Director to implement and maintain the plans and programs
9 authorized by this Act. Local governments incurring expenses
10 attributable to implementation and maintenance of the plans
11 and programs authorized by this Act may apply to the
12 Department for compensation for those expenses, and upon
13 approval by the Director of applications submitted by local
14 governments, the Department shall compensate local
15 governments from fees collected under this Section.
16 Compensation for local governments shall include $250,000 in
17 any year through fiscal year 1993, $275,000 in fiscal year
18 1994 and fiscal year 1995, $300,000 in fiscal year 1996,
19 $400,000 in fiscal year 1997, and $450,000 in fiscal year
20 1998 and thereafter. Appropriations to the Department of
21 Nuclear Safety for compensation to local governments from the
22 Nuclear Safety Emergency Preparedness Fund provided for in
23 this Section shall not exceed $650,000 per State fiscal year.
24 Expenditures from these appropriations shall not exceed, in a
25 single State fiscal year, the annual compensation amount made
26 available to local governments under this Section, unexpended
27 funds made available for local government compensation in the
28 previous fiscal year, and funds recovered under the Illinois
29 Grant Funds Recovery Act during previous fiscal years.
30 Notwithstanding any other provision of this Act, the
31 expenditure limitation for fiscal year 1998 shall include the
32 additional $100,000 made available to local governments for
33 fiscal year 1997 under this amendatory Act of 1997. Any
34 funds within these expenditure limitations, including the
HB3631 Enrolled -4- LRB9009040LDdvB
1 additional $100,000 made available for fiscal year 1997 under
2 this amendatory Act of 1997, that remain unexpended at the
3 close of business on June 30, 1997, and on June 30 of each
4 succeeding year, shall be excluded from the calculations of
5 credit under item (3) of this Section. The Department shall,
6 by rule, determine the method for compensating local
7 governments under this Section. In addition, a portion of the
8 fees collected may be appropriated to the Illinois Emergency
9 Management Agency for activities associated with preparing
10 and implementing plans to deal with the effects of nuclear
11 accidents. The appropriation shall not exceed $500,000 in any
12 year preceding fiscal year 1996; the appropriation shall not
13 exceed $625,000 in fiscal year 1996, $725,000 in fiscal year
14 1997, and $775,000 in fiscal year 1998 and thereafter. The
15 fees shall consist of the following:
16 (1) A one-time charge of $590,000 per nuclear power
17 station in this State to be paid by the owners of the
18 stations.
19 (2) An additional charge of $240,000 per nuclear power
20 station for which a fee under subparagraph (1) was paid
21 before June 30, 1982.
22 (3) Through June 30, 1982, an annual fee of $75,000 per
23 year for each nuclear power reactor for which an operating
24 license has been issued by the NRC, and after June 30, 1982,
25 and through June 30, 1984 an annual fee of $180,000 per year
26 for each nuclear power reactor for which an operating license
27 has been issued by the NRC, and after June 30, 1984, and
28 through June 30, 1991, an annual fee of $400,000 for each
29 nuclear power reactor for which an operating license has been
30 issued by the NRC, to be paid by the owners of nuclear power
31 reactors operating in this State. After June 30, 1991, the
32 owners of nuclear power reactors in this State for which
33 operating licenses have been issued by the NRC shall pay the
34 following fees for each such nuclear power reactor: for State
HB3631 Enrolled -5- LRB9009040LDdvB
1 fiscal year 1992, $925,000; for State fiscal year 1993,
2 $975,000; for State fiscal year 1994; $1,010,000; for State
3 fiscal year 1995, $1,060,000; for State fiscal years 1996 and
4 1997, $1,110,000; for State fiscal year 1998, $1,314,000; for
5 State fiscal year 1999, $1,368,000; for State fiscal year
6 2000, $1,404,000; for State fiscal year 2001, $1,696,455
7 $1,447,000; for State fiscal year 2002, $1,730,636
8 $1,499,000; for State fiscal year 2003 and subsequent fiscal
9 years, $1,757,727 $1,545,000. Within 120 days after the end
10 of the State fiscal year, the Department shall determine,
11 from the records of the Office of the Comptroller, the
12 balance in the Nuclear Safety Emergency Preparedness Fund.
13 When the balance in the fund, less any fees collected under
14 this Section prior to their being due and payable for the
15 succeeding fiscal year or years, exceeds $400,000 at the
16 close of business on June 30, 1993, 1994, 1995, 1996, 1997,
17 and 1998, or exceeds $500,000 at the close of business on
18 June 30, 1999 and June 30 of each succeeding year, the excess
19 shall be credited to the owners of nuclear power reactors who
20 are assessed fees under this subparagraph. Credits shall be
21 applied against the fees to be collected under this
22 subparagraph for the subsequent fiscal year. Each owner
23 shall receive as a credit that amount of the excess which
24 corresponds proportionately to the amount the owner
25 contributed to all fees collected under this subparagraph in
26 the fiscal year that produced the excess.
27 (3.5) The owner of a nuclear power reactor that notifies
28 the Nuclear Regulatory Commission that the nuclear power
29 reactor has permanently ceased operations during State fiscal
30 year 1998 shall pay the following fees for each such nuclear
31 power reactor: $1,368,000 for State fiscal year 1999 and
32 $1,404,000 for State fiscal year 2000.
33 (4) A capital expenditure surcharge of $1,400,000 per
34 nuclear power station in this State, whether operating or
HB3631 Enrolled -6- LRB9009040LDdvB
1 under construction, shall be paid by the owners of the
2 station.
3 (5) An annual fee of $25,000 per year for each site for
4 which a valid operating license has been issued by NRC for
5 the operation of an away-from-reactor spent nuclear fuel or
6 high-level radioactive waste storage facility, to be paid by
7 the owners of facilities for the storage of spent nuclear
8 fuel or high-level radioactive waste for others in this
9 State.
10 (6) A one-time charge of $280,000 for each facility in
11 this State housing a nuclear test and research reactor, to be
12 paid by the operator of the facility. However, this charge
13 shall not be required to be paid by any tax-supported
14 institution.
15 (7) A one-time charge of $50,000 for each facility in
16 this State for the chemical conversion of uranium, to be paid
17 by the owner of the facility.
18 (8) An annual fee of $150,000 per year for each facility
19 in this State housing a nuclear test and research reactor, to
20 be paid by the operator of the facility. However, this
21 annual fee shall not be required to be paid by any
22 tax-supported institution.
23 (9) An annual fee of $15,000 per year for each facility
24 in this State for the chemical conversion of uranium, to be
25 paid by the owner of the facility.
26 (10) A fee assessed at the rate of $2,500 $1,000 per
27 cask for each truck shipment shipments and $4,500 for the
28 first cask and $3,000 for each additional cask $2,000 per
29 cask for each rail shipment shipments of spent nuclear fuel,
30 or high-level radioactive waste, or transuranic waste
31 received at or departing from any nuclear power station or
32 away-from-reactor spent nuclear fuel, or high-level
33 radioactive waste, or transuranic waste storage facility in
34 this State to be paid by the shipper of the spent nuclear
HB3631 Enrolled -7- LRB9009040LDdvB
1 fuel, high level radioactive waste, or transuranic waste
2 owners of the facilities.
3 (11) A fee assessed at the rate of $2,500 $1,000 per
4 cask for each truck shipment shipments and $4,500 for the
5 first cask and $3,000 for each additional cask $2,000 per
6 cask for each rail shipment shipments of spent nuclear fuel,
7 or high-level radioactive waste, or transuranic waste
8 traversing the State to be paid by the shipper of the spent
9 nuclear fuel, high level radioactive waste, or transuranic
10 waste owner of the shipments.
11 (12) In each of the State fiscal years 1988 through
12 1991, in addition to the annual fee provided for in
13 subparagraph (3), a fee of $400,000 for each nuclear power
14 reactor for which an operating license has been issued by the
15 NRC, to be paid by the owners of nuclear power reactors
16 operating in this State. Within 120 days after the end of
17 the State fiscal years ending June 30, 1988, June 30, 1989,
18 June 30, 1990, and June 30, 1991, the Department shall
19 determine the expenses of the Illinois Nuclear Safety
20 Preparedness Program paid from funds appropriated for those
21 fiscal years. When the aggregate of all fees, charges, and
22 surcharges collected under this Section during any fiscal
23 year exceeds the total expenditures under this Act from
24 appropriations for that fiscal year, the excess shall be
25 credited to the owners of nuclear power reactors who are
26 assessed fees under this subparagraph, and the credits shall
27 be applied against the fees to be collected under this
28 subparagraph for the subsequent fiscal year. Each owner shall
29 receive as a credit that amount of the excess that
30 corresponds proportionately to the amount the owner
31 contributed to all fees collected under this subparagraph in
32 the fiscal year that produced the excess.
33 (Source: P.A. 89-336, eff. 8-17-95; 90-34, eff. 6-27-97.)
HB3631 Enrolled -8- LRB9009040LDdvB
1 (420 ILCS 5/5) (from Ch. 111 1/2, par. 4305)
2 Sec. 5. (a) Except as otherwise provided in this
3 Section, within 30 days after the beginning of each State
4 fiscal year, each person who possessed a valid operating
5 license issued by the NRC for a nuclear power reactor or a
6 spent fuel storage facility during any portion of the
7 previous fiscal year shall pay to the Department the fees
8 imposed by Section 4 of this Act. The one-time facility
9 charge assessed pursuant to subparagraph (1) of Section 4
10 shall be paid to the Department not less than 2 years prior
11 to scheduled commencement of commercial operation. The
12 additional facility charge assessed pursuant to subparagraph
13 (2) of Section 4 shall be paid to the Department within 90
14 days of June 30, 1982. Fees assessed pursuant to subparagraph
15 (3) of Section 4 for State fiscal year 1992 shall be payable
16 as follows: $400,000 due on August 1, 1991, and $525,000 due
17 on January 1, 1992. Fees assessed pursuant to subparagraph
18 (3) of Section 4 for State fiscal year 1993 and subsequent
19 fiscal years shall be due and payable in two equal payments
20 on July 1 and January 1 during the fiscal year in which the
21 fee is due. Fees assessed pursuant to subparagraph (4) of
22 Section 4 shall be paid in six payments, the first, in the
23 amount of $400,000, shall be due and payable 30 days after
24 the effective date of this Amendatory Act of 1984.
25 Subsequent payments shall be in the amount of $200,000 each,
26 and shall be due and payable annually on August 1, 1985
27 through August 1, 1989, inclusive. Fees assessed under the
28 provisions of subparagraphs (6) and (7) of Section 4 of this
29 Act shall be paid on or before January 1, 1990. Fees
30 assessed under the provisions of subparagraphs (8) and (9) of
31 Section 4 of this Act shall be paid on or before January 1st
32 of each year, beginning January 1, 1990. Fees assessed under
33 the provisions of subparagraphs (10) and (11) of Section 4 of
34 this Act shall be paid to the Department within 60 days after
HB3631 Enrolled -9- LRB9009040LDdvB
1 completion prior to the movement of such shipments within
2 this State. Fees assessed pursuant to subparagraph (12) of
3 Section 4 shall be paid to the Department by each person who
4 possessed a valid operating license issued by the NRC for a
5 nuclear power reactor during any portion of the previous
6 State fiscal year as follows: the fee due in fiscal year 1988
7 shall be paid on January 15, 1988, the fee due in fiscal year
8 1989 shall be paid on December 1, 1988, and subsequent fees
9 shall be paid annually on December 1, 1989 through December
10 1, 1990.
11 (b) Fees assessed pursuant to paragraph (3.5) of Section
12 4 for State fiscal years 1999 and 2000 shall be due and
13 payable in 2 equal payments on July 1 and January 1 during
14 the fiscal year in which the fee is due. The fee due on July
15 1, 1998 shall be payable on that date, or within 10 days
16 after the effective date of this amendatory Act of 1998,
17 whichever is later.
18 (Source: P.A. 86-901; 87-127.)
19 (420 ILCS 5/7) (from Ch. 111 1/2, par. 4307)
20 Sec. 7. All monies received by the Department under this
21 Act shall be deposited in the State Treasury and shall be set
22 apart in a special fund to be known as the "Nuclear Safety
23 Emergency Preparedness Fund". All monies within the Nuclear
24 Safety Emergency Preparedness Fund shall be invested by the
25 State Treasurer in accordance with established investment
26 practices. Interest earned by such investment shall be
27 returned to the Nuclear Safety Emergency Preparedness Fund.
28 Monies deposited in this fund shall be expended by the
29 Director only to support the activities of the Illinois
30 Nuclear Safety Preparedness Program, including activities of
31 the Illinois State Police and the Illinois Commerce
32 Commission under Section 8(a)(9) as provided under rules of
33 the Department grants and scholarships under the Nuclear
HB3631 Enrolled -10- LRB9009040LDdvB
1 Safety Education Assistance Act.
2 (Source: P.A. 85-1133.)
3 (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
4 Sec. 8. (a) The Illinois Nuclear Safety Preparedness
5 Program shall consist of an assessment of the potential
6 nuclear accidents, their radiological consequences, and the
7 necessary protective actions required to mitigate the effects
8 of such accidents. It shall include, but not necessarily be
9 limited to:
10 (1) Development of a remote effluent monitoring system
11 capable of reliably detecting and quantifying accidental
12 radioactive releases from nuclear power plants to the
13 environment;
14 (2) Development of an environmental monitoring program
15 for nuclear facilities other than nuclear power plants;
16 (3) Development of procedures for radiological
17 assessment and radiation exposure control for areas
18 surrounding each nuclear facility in Illinois;
19 (4) Radiological training of state and local emergency
20 response personnel in accordance with the Department's
21 responsibilities under the program;
22 (5) Participation in the development of accident
23 scenarios and in the exercising of fixed facility nuclear
24 emergency response plans;
25 (6) Development of mitigative emergency planning
26 standards including, but not limited to, standards pertaining
27 to evacuations, re-entry into evacuated areas, contaminated
28 foodstuffs and contaminated water supplies;
29 (7) Provision of specialized response equipment
30 necessary to accomplish this task;
31 (8) Implementation of the Boiler and Pressure Vessel
32 Safety program at nuclear steam-generating facilities as
33 mandated by subsection C of Section 71 of The Civil
HB3631 Enrolled -11- LRB9009040LDdvB
1 Administrative Code of Illinois;
2 (9) Development and implementation of a plan for
3 inspecting and escorting all shipments of spent nuclear fuel,
4 and high-level radioactive waste, and transuranic waste in
5 Illinois; and
6 (10) Implementation of the program under the Illinois
7 Nuclear Facility Safety Act.
8 (b) The Department may incorporate data collected by the
9 operator of a nuclear facility into the Department's remote
10 monitoring system.
11 (c) The owners of each nuclear power reactor in Illinois
12 shall provide the Department all system status signals which
13 initiate Emergency Action Level Declarations, actuate
14 accident mitigation and provide mitigation verification as
15 directed by the Department. The Department shall designate
16 by rule those system status signals that must be provided.
17 Signals providing indication of operating power level shall
18 also be provided. The owners of the nuclear power reactors
19 shall, at their expense, ensure that valid signals will be
20 provided continuously 24 hours a day.
21 All such signals shall be provided in a manner and at a
22 frequency specified by the Department for incorporation into
23 and augmentation of the remote effluent monitoring system
24 specified in subsection (a) (1) of this Section. Provision
25 shall be made for assuring that such system status and power
26 level signals shall be available to the Department during
27 reactor operation as well as throughout accidents and
28 subsequent recovery operations.
29 For nuclear reactors with operating licenses issued by
30 the Nuclear Regulatory Commission prior to the effective date
31 of this amendatory Act, such system status and power level
32 signals shall be provided to the Department by March 1, 1985.
33 For reactors without such a license on the effective date of
34 this amendatory Act, such signals shall be provided to the
HB3631 Enrolled -12- LRB9009040LDdvB
1 Department prior to commencing initial fuel load for such
2 reactor. Nuclear reactors receiving their operating license
3 after the effective date of this amendatory Act, but before
4 July 1, 1985, shall provide such system status and power
5 level signals to the Department by September 1, 1985.
6 (Source: P.A. 86-901.)
7 Section 10. The Illinois Low-Level Radioactive Waste
8 Management Act is amended by changing Section 13 as follows:
9 (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
10 Sec. 13. Waste fees.
11 (a) The Department shall collect a fee from each
12 generator of low-level radioactive wastes in this State.
13 Except as provided in subsections (b), (c), and (d), the
14 amount of the fee shall be $50.00 or the following amount,
15 whichever is greater:
16 (1) $1 per cubic foot of waste shipped for storage,
17 treatment or disposal if storage of the waste for
18 shipment occurred prior to September 7, 1984;
19 (2) $2 per cubic foot of waste stored for shipment
20 if storage of the waste occurs on or after September 7,
21 1984, but prior to October 1, 1985;
22 (3) $3 per cubic foot of waste stored for shipment
23 if storage of the waste occurs on or after October 1,
24 1985;
25 (4) $2 per cubic foot of waste shipped for storage,
26 treatment or disposal if storage of the waste for
27 shipment occurs on or after September 7, 1984 but prior
28 to October 1, 1985, provided that no fee has been
29 collected previously for storage of the waste;.
30 (5) $3 per cubic foot of waste shipped for storage,
31 treatment or disposal if storage of the waste for
32 shipment occurs on or after October 1, 1985, provided
HB3631 Enrolled -13- LRB9009040LDdvB
1 that no fees have been collected previously for storage
2 of the waste.
3 Such fees shall be collected annually or as determined by
4 the Department and shall be deposited in the low-level
5 radioactive waste funds as provided in Section 14 of this
6 Act. Notwithstanding any other provision of this Act, no fee
7 under this Section shall be collected from a generator for
8 waste generated incident to manufacturing before December 31,
9 1980, and shipped for disposal outside of this State before
10 December 31, 1992, as part of a site reclamation leading to
11 license termination.
12 (b) Each nuclear power reactor in this State for which
13 an operating license has been issued by the Nuclear
14 Regulatory Commission shall not be subject to the fee
15 required by subsection (a) with respect to (1) waste stored
16 for shipment if storage of the waste occurs on or after
17 January 1, 1986; and (2) waste shipped for storage, treatment
18 or disposal if storage of the waste for shipment occurs on or
19 after January 1, 1986. In lieu of the fee, each reactor
20 shall be required to pay an annual fee of $90,000 for the
21 treatment, storage and disposal of low-level radioactive
22 waste. Beginning with State fiscal year 1986 and through
23 State fiscal year 1997, fees shall be due and payable on
24 January 1st of each year. For State fiscal year 1998 and all
25 subsequent State fiscal years, fees shall be due and payable
26 on July 1 of each fiscal year. The fee due on July 1, 1997
27 shall be payable on that date, or within 10 days after the
28 effective date of this amendatory Act of 1997, whichever is
29 later.
30 After September 15, 1987, for each nuclear power reactor
31 for which an operating license is issued after January 1, the
32 owner of each such reactor shall be required to pay for the
33 year in which the operating license is issued a prorated fee
34 equal to $246.57 multiplied by the number of days in the year
HB3631 Enrolled -14- LRB9009040LDdvB
1 during which the nuclear power reactor will be licensed. The
2 prorated fee shall be due and payable 30 days after the
3 operating license is issued.
4 The owner of any nuclear power reactor that has an
5 operating license issued by the Nuclear Regulatory Commission
6 for any portion of State fiscal year 1998 shall continue to
7 pay an annual fee of $90,000 for the treatment, storage, and
8 disposal of low-level radioactive waste through State fiscal
9 year 2003. The fee shall be due and payable on July 1 of
10 each fiscal year. The fee due on July 1, 1998 shall be
11 payable on that date, or within 10 days after the effective
12 date of this amendatory Act of 1998, whichever is later.
13 (c) In each of State fiscal years 1988, 1989 and 1990,
14 in addition to the fee imposed in subsections (b) and (d),
15 the owner of each nuclear power reactor in this State for
16 which an operating license has been issued by the Nuclear
17 Regulatory Commission shall pay a fee of $408,000. If an
18 operating license is issued during one of those 3 fiscal
19 years, the owner shall pay a prorated amount of the fee equal
20 to $1,117.80 multiplied by the number of days in the fiscal
21 year during which the nuclear power reactor was licensed.
22 The fee shall be due and payable as follows: in fiscal
23 year 1988, $204,000 shall be paid on October 1, 1987 and
24 $102,000 shall be paid on each of January 1, 1988 and April
25 1, 1988; in fiscal year 1989, $102,000 shall be paid on each
26 of July 1, 1988, October 1, 1988, January 1, 1989 and April
27 1, 1989; and in fiscal year 1990, $102,000 shall be paid on
28 each of July 1, 1989, October 1, 1989, January 1, 1990 and
29 April 1, 1990. If the operating license is issued during one
30 of the 3 fiscal years, the owner shall be subject to those
31 payment dates, and their corresponding amounts, on which the
32 owner possesses an operating license and, on June 30 of the
33 fiscal year of issuance of the license, whatever amount of
34 the prorated fee remains outstanding.
HB3631 Enrolled -15- LRB9009040LDdvB
1 All of the amounts collected by the Department under this
2 subsection (c) shall be deposited into the Low-Level
3 Radioactive Waste Facility Development and Operation Fund
4 created under subsection (a) of Section 14 of this Act and
5 expended, subject to appropriation, for the purposes provided
6 in that subsection.
7 (d) In addition to the fees imposed in subsections (b)
8 and (c), the owners of nuclear power reactors in this State
9 for which operating licenses have been issued by the Nuclear
10 Regulatory Commission shall pay the following fees for each
11 such nuclear power reactor: for State fiscal year 1989,
12 $325,000 payable on October 1, 1988, $162,500 payable on
13 January 1, 1989, and $162,500 payable on April 1, 1989; for
14 State fiscal year 1990, $162,500 payable on July 1, $300,000
15 payable on October 1, $300,000 payable on January 1 and
16 $300,000 payable on April 1; for State fiscal year 1991,
17 either (1) $150,000 payable on July 1, $650,000 payable on
18 September 1, $675,000 payable on January 1, and $275,000
19 payable on April 1, or (2) $150,000 on July 1, $130,000 on
20 the first day of each month from August through December,
21 $225,000 on the first day of each month from January through
22 March and $92,000 on the first day of each month from April
23 through June; for State fiscal year 1992, $260,000 payable on
24 July 1, $900,000 payable on September 1, $300,000 payable on
25 October 1, $150,000 payable on January 1, and $100,000
26 payable on April 1; for State fiscal year 1993, $100,000
27 payable on July 1, $230,000 payable on August 1 or within 10
28 days after July 31, 1992, whichever is later, and $355,000
29 payable on October 1; for State fiscal year 1994, $100,000
30 payable on July 1, $75,000 payable on October 1 and $75,000
31 payable on April 1; for State fiscal year 1995, $100,000
32 payable on July 1, $75,000 payable on October 1, and $75,000
33 payable on April 1, for State fiscal year 1996, $100,000
34 payable on July 1, $75,000 payable on October 1, and $75,000
HB3631 Enrolled -16- LRB9009040LDdvB
1 payable on April 1.; The owner of any nuclear power reactor
2 that has an operating license issued by the Nuclear
3 Regulatory Commission for any portion of State fiscal year
4 1998 shall pay an annual fee of $30,000 through State fiscal
5 year 2003. The fee shall be due and payable on July 1 of
6 each fiscal year. The fee due on July 1, 1998 shall be
7 payable on that date, or within 10 days after the effective
8 date of this amendatory Act of 1998, whichever is later for
9 State fiscal year 1998 and subsequent fiscal years, $30,000,
10 payable on July 1 of each fiscal year. The fee due on July 1,
11 1997 shall be payable on that date or within 10 days after
12 the effective date of this amendatory Act of 1997, whichever
13 is later. If the payments under this subsection for fiscal
14 year 1993 due on January 1, 1993, or on April 1, 1993, or
15 both, were due before the effective date of this amendatory
16 Act of the 87th General Assembly, then those payments are
17 waived and need not be made.
18 All of the amounts collected by the Department under this
19 subsection (d) shall be deposited into the Low-Level
20 Radioactive Waste Facility Development and Operation Fund
21 created pursuant to subsection (a) of Section 14 of this Act
22 and expended, subject to appropriation, for the purposes
23 provided in that subsection.
24 All payments made by licensees under this subsection (d)
25 for fiscal year 1992 that are not appropriated and obligated
26 by the Department above $1,750,000 per reactor in fiscal year
27 1992, shall be credited to the licensees making the payments
28 to reduce the per reactor fees required under this subsection
29 (d) for fiscal year 1993.
30 (e) The Department shall promulgate rules and
31 regulations establishing standards for the collection of the
32 fees authorized by this Section. The regulations shall
33 include, but need not be limited to:
34 (1) the records necessary to identify the amounts
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1 of low-level radioactive wastes produced;
2 (2) the form and submission of reports to accompany
3 the payment of fees to the Department; and
4 (3) the time and manner of payment of fees to the
5 Department, which payments shall not be more frequent
6 than quarterly.
7 (f) Any operating agreement entered into under
8 subsection (b) of Section 5 of this Act between the
9 Department and any disposal facility contractor shall,
10 subject to the provisions of this Act, authorize the
11 contractor to impose upon and collect from persons using the
12 disposal facility fees designed and set at levels reasonably
13 calculated to produce sufficient revenues (1) to pay all
14 costs and expenses properly incurred or accrued in
15 connection with, and properly allocated to, performance of
16 the contractor's obligations under the operating agreement,
17 and (2) to provide reasonable and appropriate compensation or
18 profit to the contractor under the operating agreement. For
19 purposes of this subsection (f), the term "costs and
20 expenses" may include, without limitation, (i) direct and
21 indirect costs and expenses for labor, services, equipment,
22 materials, insurance and other risk management costs,
23 interest and other financing charges, and taxes or fees in
24 lieu of taxes; (ii) payments to or required by the United
25 States, the State of Illinois or any agency or department
26 thereof, the Central Midwest Interstate Low-Level Radioactive
27 Waste Compact, and subject to the provisions of this Act, any
28 unit of local government; (iii) amortization of capitalized
29 costs with respect to the disposal facility and its
30 development, including any capitalized reserves; and (iv)
31 payments with respect to reserves, accounts, escrows or trust
32 funds required by law or otherwise provided for under the
33 operating agreement.
34 (g) (Blank).
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1 (h) (Blank)..
2 (i) (Blank)..
3 (j) (Blank).
4 (j-5) Prior to commencement of facility operations, the
5 Department shall adopt rules providing for the establishment
6 and collection of fees and charges with respect to the use of
7 the disposal facility as provided in subsection (f) of this
8 Section.
9 (k) The regional disposal facility shall be subject to
10 ad valorem real estate taxes lawfully imposed by units of
11 local government and school districts with jurisdiction over
12 the facility. No other local government tax, surtax, fee or
13 other charge on activities at the regional disposal facility
14 shall be allowed except as authorized by the Department.
15 (l) The Department shall have the power, in the event
16 that acceptance of waste for disposal at the regional
17 disposal facility is suspended, delayed or interrupted, to
18 impose emergency fees on the generators of low-level
19 radioactive waste. Generators shall pay emergency fees within
20 30 days of receipt of notice of the emergency fees. The
21 Department shall deposit all of the receipts of any fees
22 collected under this subsection into the Low-Level
23 Radioactive Waste Facility Development and Operation Fund
24 created under subsection (b) of Section 14. Emergency fees
25 may be used to mitigate the impacts of the suspension or
26 interruption of acceptance of waste for disposal. The
27 requirements for rulemaking in the Illinois Administrative
28 Procedure Act shall not apply to the imposition of emergency
29 fees under this subsection.
30 (m) The Department shall promulgate any other rules and
31 regulations as may be necessary to implement this Section.
32 (Source: P.A. 90-29, eff. 6-26-97; revised 8-6-97.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.