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90_SB0431sam001
LRB9001060DPmbam01
1 AMENDMENT TO SENATE BILL 431
2 AMENDMENT NO. . Amend Senate Bill 431 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Low-Level Radioactive Waste
5 Management Act is amended by changing Section 10.2 as
6 follows:
7 (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
8 Sec. 10.2. Creation of Low-Level Radioactive Waste Task
9 Group; adoption of criteria; selection of site for
10 characterization.
11 (a) There is hereby created the Low-Level Radioactive
12 Waste Task Group consisting of the Directors of the
13 Environmental Protection Agency, the Department of Natural
14 Resources, and the Department of Nuclear Safety (or their
15 designees) and 6 additional members designated by the
16 Governor. The 6 additional members shall:
17 (1) be confirmed by the Senate; and
18 (2) receive compensation of $300 per day for their
19 services on the Task Group unless they are officers or
20 employees of the State, in which case they shall receive
21 no additional compensation.
22 Four of the additional members shall have expertise in
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1 the field of geology, hydrogeology, or hydrology. Of the 2
2 remaining additional members, one shall be a member of the
3 public with experience in environmental matters and one shall
4 have at least 5 years experience in local government. The
5 Directors of the Environmental Protection Agency, the
6 Department of Natural Resources, and the Department of
7 Nuclear Safety (or their designees) shall receive no
8 additional compensation for their service on the Task Group.
9 All members of the Task Group shall be compensated for their
10 expenses. The Governor shall designate the chairman of the
11 Task Group. Upon adoption of the criteria under subsection
12 (b), the Directors of the Department of Nuclear Safety and
13 the Environmental Protection Agency shall be replaced on the
14 Task Group by members designated by the Governor and
15 confirmed by the Senate. The members designated to replace
16 the Directors of the Department of Nuclear Safety and the
17 Environmental Protection Agency shall have such expertise as
18 the Governor may determine. The members of the Task Group
19 shall be members until they resign, are replaced by the
20 Governor, or the Task Group is abolished. Except as provided
21 in this Act, the Task Group shall be subject to the Open
22 Meetings Act and the Illinois Administrative Procedure Act.
23 Any action required to be taken by the Task Group under this
24 Act shall be taken by a majority vote of its members.
25 (b) To protect the public health, safety and welfare,
26 the Task Group shall develop proposed criteria for selection
27 of a site for a facility for the disposal of low-level
28 radioactive waste away from the point of generation.
29 Principal criteria shall relate to the geographic, geologic,
30 seismologic, tectonic, hydrologic, and other scientific
31 conditions best suited for a low-level radioactive waste
32 disposal facility. Supplemental criteria may relate to land
33 use (including (i) the location of existing underground mines
34 and (ii) the exclusion of State parks, State conservation
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1 areas, and other State owned lands identified by the Task
2 Group), economics, transportation, meteorology, and any other
3 matter identified by the Task Group as relating to desirable
4 conditions for a low-level radioactive waste disposal
5 facility. All of the criteria shall be as specific as
6 possible.
7 The chairman of the Task Group shall publish a notice of
8 availability of the proposed criteria in the State newspaper,
9 make copies of the proposed criteria available without charge
10 to the public, and hold public hearings to receive comments
11 on the proposed criteria. Written comments on the proposed
12 criteria may be submitted to the chairman of the Task Group
13 within a time period to be determined by the Task Group.
14 Upon completion of the review of timely submitted comments on
15 the proposed criteria, the Task Group shall adopt criteria
16 for selection of a site for a facility for the disposal of
17 low-level radioactive waste away from the point of
18 generation. Adoption of the criteria is not subject to the
19 Illinois Administrative Procedure Act. The chairman of the
20 Task Group shall provide copies of the criteria to the
21 Governor, the President and Minority Leader of the Senate,
22 the Speaker and Minority Leader of the House, and all county
23 boards in the State of Illinois and shall make copies of the
24 criteria available without charge to the public.
25 (c) Upon adoption of the criteria, the Director of
26 Natural Resources shall direct the Illinois State Geological
27 and Water Surveys to screen the State of Illinois and
28 identify at least 10 locations, each of at least 640 acres,
29 that appear likely to meet the criteria. In addition to
30 screening the State of Illinois, the Illinois State
31 Geological and Water Surveys shall also evaluate any location
32 of at least 640 acres that is volunteered by a land owner or
33 unit of local government to determine whether the
34 volunteered location appears likely to meet the criteria.
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1 The results of the state-wide screening and evaluation of
2 volunteered locations shall be published in a report that
3 shall be submitted to the chairman of the Task Group. The
4 chairman of the Task Group shall provide copies of the report
5 to the Governor, the President and Minority Leader of the
6 Senate, the Speaker and Minority Leader of the House, all of
7 the county boards in the State of Illinois, and each city,
8 village, and incorporated town within a 5 mile radius of each
9 location identified in the report and shall make copies of
10 the report available without charge to the public.
11 (d) Upon publication of the report under subsection (c),
12 the contractor selected by the Department of Nuclear Safety
13 under Section 5 to develop the low-level radioactive waste
14 disposal facility shall conduct evaluations, including
15 possible intrusive field investigations, of the locations
16 that have been identified in the report under subsection (c)
17 as likely to satisfy the criteria adopted under subsection
18 (b).
19 (e) Upon completion of the evaluations under subsection
20 (d), the contractor shall select 3 sites of at least 640
21 acres that appear promising for development for a low-level
22 radioactive waste disposal facility. In selection of the 3
23 sites, the contractor shall give preference to sites in
24 locations that were volunteered, unless those sites are
25 clearly less promising for the development of a low-level
26 radioactive waste disposal facility than sites in other
27 locations evaluated. The contractor may conduct any other
28 evaluation of the 3 sites selected under this subsection that
29 the contractor deems appropriate to determine whether the
30 sites satisfy the criteria adopted under subsection (b).
31 Upon completion of such evaluations, the contractor shall
32 prepare a report on all of the evaluations of the 3 sites.
33 (f) The contractor shall submit the report prepared
34 under subsection (e) to the chairman of the Task Group. The
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1 chairman of the Task Group shall publish in newspapers of
2 general circulation in the counties in which the 3 sites are
3 located a notice of the availability of the report and a
4 notice of a public meeting. The chairman of the Task Group
5 shall also provide copies of the report and the notice to the
6 Governor, the President and Minority Leader of the Senate,
7 the Speaker and Minority Leader of the House, members of the
8 General Assembly from the legislative district in which each
9 site is located, county boards of the counties containing the
10 sites, and each city, village, and incorporated town within a
11 5 mile radius of each site and shall make copies of the
12 report available without charge to the public.
13 (g) The chairman of the Task Group shall convene public
14 meetings on the sites evaluated in the report under
15 subsection (e). At the public meeting, the contractor shall
16 present the results of the evaluations of the sites. The
17 Task Group shall receive such other written and oral
18 information about the sites that may be submitted at the
19 meeting. Following the meetings, the Task Group shall decide
20 which of the sites satisfies the criteria adopted under
21 subsection (b). If the Task Group determines that one or
22 more of the sites does not satisfy the criteria, the
23 contractor shall propose additional sites from the locations
24 determined in the report under subsection (c) as likely to
25 satisfy the criteria which shall be the subject of a public
26 meeting under this subsection. The contractor shall propose
27 additional sites, and the Task Group shall conduct additional
28 public meetings, until the Task Group has approved 3 sites as
29 satisfying the criteria adopted under subsection (b).
30 (h) Following the Task Group's decision that 3 sites
31 satisfy the criteria adopted under subsection (b), the
32 contractor shall select one of the sites for characterization
33 and notify the Task Group of the site selected. Upon receipt
34 of the notification of a site for characterization, the Task
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1 Group shall be abolished and its records transferred to the
2 Department of Nuclear Safety.
3 (Source: P.A. 88-458; 89-445, eff. 2-7-96; 89-479, eff.
4 6-18-96.)".