State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ]

90_HB3631eng

      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 Engrossed                              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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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
HB3631 Engrossed            -17-              LRB9009040LDdvB
 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).
HB3631 Engrossed            -18-              LRB9009040LDdvB
 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
HB3631 Engrossed            -19-              LRB9009040LDdvB
 1    becoming law.

[ Top ]