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Public Act 100-0938
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| SB3017 Enrolled | LRB100 16223 MJP 31346 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Low-Level Radioactive Waste |
Management Act is amended by changing Section 13 as follows:
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(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
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Sec. 13. Waste fees.
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(a) The Agency shall collect a fee from each generator of |
low-level
radioactive wastes in this State, except as otherwise |
provided in this subsection. Except as provided in subsections |
(b), (c),
and (d), the amount of the fee shall be $50.00 or the |
following amount,
whichever is greater:
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(1) $1 per cubic foot of waste shipped for storage, |
treatment or disposal
if storage of the waste for shipment |
occurred prior to September 7, 1984;
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(2) $2 per cubic foot of waste stored for shipment if |
storage of the
waste occurs on or after September 7, 1984, |
but prior to October 1, 1985;
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(3) $3 per cubic foot of waste stored for shipment if |
storage of the
waste occurs on or after October 1, 1985;
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(4) $2 per cubic foot of waste shipped for storage, |
treatment or
disposal if storage of the waste for shipment |
occurs on or after September
7, 1984 but prior to October |
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1, 1985, provided that no fee has been collected
previously |
for storage of the waste;
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(5) $3 per cubic foot of waste shipped for storage, |
treatment or
disposal if storage of the waste for shipment |
occurs on or after October
1, 1985, provided that no fees |
have been collected previously for storage
of the waste.
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Such fees shall be collected annually or as determined by |
the Agency and
shall be deposited in the low-level radioactive |
waste funds as provided in
Section 14 of this Act. |
Notwithstanding any other provision of this Act, no
fee under |
this
Section shall be collected from a generator for waste |
generated incident to
manufacturing before December 31, 1980, |
and shipped for disposal outside
of this State before December |
31, 1992, as part of a site reclamation
leading to license |
termination.
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Units of local government are exempt from the fee |
provisions of this subsection. |
(b) Each nuclear power reactor in this State for which an |
operating
license has been issued by the Nuclear Regulatory |
Commission shall not be
subject to the fee required by |
subsection (a) with respect to (1) waste
stored for shipment if |
storage of the waste occurs on or after January
1, 1986; and |
(2) waste shipped for storage, treatment or disposal if storage
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of the waste for shipment occurs on or after January 1, 1986. |
In lieu of
the fee, each reactor shall be required to pay an |
annual fee as provided in
this subsection for the
treatment, |
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storage and disposal of low-level radioactive waste. Beginning
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with State fiscal year 1986 and through State fiscal year 1997, |
fees shall be
due and payable on January 1st of each year.
For |
State fiscal year 1998 and all subsequent State fiscal years, |
fees shall
be due and payable on July 1 of each fiscal year. |
The fee due on July 1,
1997 shall be payable on that date, or |
within 10 days after the effective date
of this amendatory Act |
of 1997, whichever is later.
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The owner of any nuclear power reactor that has an |
operating license
issued by the Nuclear Regulatory Commission |
for any portion of State fiscal
year 1998 shall continue to pay |
an annual fee of $90,000 for the treatment,
storage, and |
disposal of low-level radioactive waste through State fiscal |
year
2002. The fee shall be due and
payable on July 1 of each |
fiscal year.
The fee due on July 1, 1998 shall be
payable on |
that date, or within 10 days after the effective date of this
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amendatory Act of 1998, whichever is later.
If the balance in |
the Low-Level Radioactive Waste Facility Development and
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Operation Fund falls below $500,000, as of the end of any |
fiscal year after
fiscal year 2002, the Agency is authorized to |
assess by rule, after notice
and a hearing, an additional |
annual fee to be paid by the owners of nuclear
power
reactors |
for which operating licenses have been issued by the Nuclear
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Regulatory Commission, except that no additional annual fee |
shall be assessed because of the fund balance at the end of |
fiscal year 2005 or the end of fiscal year 2006. The additional |
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annual fee shall be payable on the date
or dates specified by |
rule and shall not exceed $30,000 per operating reactor
per |
year.
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(c) In each of State fiscal years 1988, 1989 and 1990, in |
addition to
the fee imposed in subsections (b) and (d), the |
owner of each nuclear power
reactor in this State for which an |
operating license has been issued by the
Nuclear Regulatory |
Commission shall pay a fee of $408,000. If an
operating license |
is issued during one of those 3 fiscal years, the owner
shall |
pay a prorated amount of the fee equal to $1,117.80 multiplied |
by the
number of days in the fiscal year during which the |
nuclear power reactor
was licensed.
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The fee shall be due and payable as follows: in fiscal year |
1988,
$204,000 shall be paid on October 1, 1987 and $102,000 |
shall be paid on each
of January 1, 1988 and April 1, 1988; in |
fiscal year 1989, $102,000 shall
be paid on each of July 1, |
1988, October 1, 1988, January 1, 1989 and April
1, 1989; and |
in fiscal year 1990, $102,000 shall be paid on each of July 1,
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1989, October 1, 1989, January 1, 1990 and April 1, 1990. If |
the
operating license is issued during one of the 3 fiscal |
years, the owner
shall be subject to those payment dates, and |
their corresponding amounts,
on which the owner possesses an |
operating license and, on June 30 of the fiscal
year of |
issuance of the license, whatever amount of the prorated fee |
remains
outstanding.
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All of the amounts collected by the Agency under this |
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subsection (c)
shall be deposited into the Low-Level |
Radioactive Waste Facility
Development and Operation Fund |
created under subsection (a) of Section 14 of
this
Act and |
expended, subject to appropriation, for
the purposes provided |
in that subsection.
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(d) In addition to the fees imposed in subsections (b) and |
(c), the
owners of nuclear power reactors in this State for |
which operating licenses
have been issued by the Nuclear |
Regulatory Commission shall pay the
following fees for each |
such nuclear power reactor: for State fiscal year
1989, |
$325,000 payable on October 1, 1988, $162,500 payable on |
January 1,
1989, and $162,500 payable on April 1, 1989; for |
State fiscal year 1990,
$162,500 payable on July 1, $300,000 |
payable on October 1, $300,000 payable
on January 1 and |
$300,000 payable on April 1; for State fiscal year 1991,
either |
(1) $150,000 payable on July 1, $650,000 payable on September |
1,
$675,000 payable on January 1, and $275,000 payable on April |
1, or (2)
$150,000 on July 1, $130,000 on the first day of each |
month from August
through December, $225,000 on the first day |
of each month from January
through March and $92,000 on the |
first day of each month from April through
June; for State |
fiscal year 1992, $260,000 payable on July 1, $900,000
payable |
on September 1, $300,000 payable on October 1, $150,000 payable |
on
January 1, and $100,000 payable on April 1; for State fiscal |
year 1993,
$100,000 payable on July 1, $230,000 payable on |
August 1 or within 10 days
after July 31, 1992, whichever is |
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later, and $355,000 payable on October 1; for
State fiscal year |
1994, $100,000 payable on July 1, $75,000 payable on October
1 |
and $75,000 payable on April 1; for State fiscal year 1995, |
$100,000 payable
on July 1, $75,000 payable on October 1, and |
$75,000 payable on April 1,
for State fiscal year 1996, |
$100,000 payable on July 1, $75,000 payable on
October 1, and |
$75,000 payable on April 1. The owner of any nuclear
power |
reactor that has an operating license issued by the Nuclear |
Regulatory
Commission for any portion of State fiscal year 1998 |
shall pay an annual fee of
$30,000 through State fiscal year |
2003.
For State fiscal year 2004 and subsequent fiscal years, |
the owner of any
nuclear power reactor that has an operating |
license issued by the Nuclear
Regulatory Commission shall pay |
an annual fee of $30,000 per reactor, provided
that the fee
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shall not apply to a nuclear power reactor with regard to which |
the owner
notified the Nuclear Regulatory Commission during |
State fiscal year 1998 that
the nuclear power reactor |
permanently ceased operations.
The fee shall be due and payable |
on
July 1 of each fiscal year.
The fee due on July 1, 1998 shall |
be
payable on that date, or within 10 days after the effective |
date of this
amendatory Act of 1998, whichever is later.
The |
fee
due on July 1, 1997 shall be payable on that date or within |
10 days after the
effective date of this amendatory Act of |
1997, whichever is later. If the
payments under this
subsection |
for fiscal year 1993 due on January 1, 1993, or on April 1, |
1993, or
both, were due before the effective date of this |
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amendatory Act of the 87th
General Assembly, then those |
payments are waived and need not be made.
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All of the amounts collected by the Agency under this |
subsection (d)
shall be deposited into the Low-Level |
Radioactive Waste Facility
Development and Operation Fund |
created pursuant to subsection (a) of Section
14 of this
Act |
and expended, subject to appropriation, for the purposes |
provided in that
subsection.
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All payments made by licensees under this subsection (d) |
for fiscal year
1992 that are not appropriated and obligated by |
the Agency above
$1,750,000 per reactor in fiscal year 1992, |
shall be credited to the licensees
making the payments to |
reduce the per reactor fees required under this
subsection (d) |
for fiscal year 1993.
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(e) The Agency shall promulgate rules and regulations |
establishing
standards for the collection of the fees |
authorized by this Section. The
regulations shall include, but |
need not be limited to:
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(1) the records necessary to identify the amounts of |
low-level
radioactive wastes produced;
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(2) the form and submission of reports to accompany the |
payment of fees
to the Agency; and
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(3) the time and manner of payment of fees to the |
Agency, which
payments shall not be more frequent than |
quarterly.
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(f) Any operating agreement entered into under subsection |
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(b) of
Section 5 of this Act between the Agency and any |
disposal facility
contractor
shall, subject to the provisions |
of this Act, authorize the contractor to
impose upon and |
collect from persons using the disposal facility fees
designed |
and
set at levels reasonably calculated to produce sufficient |
revenues (1) to
pay all costs and expenses properly incurred or |
accrued in connection
with, and properly allocated to, |
performance of the contractor's obligations
under the |
operating agreement, and (2) to provide reasonable and
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appropriate compensation or profit to the contractor under the
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operating
agreement. For purposes of this subsection (f), the |
term "costs and expenses"
may include, without limitation, (i) |
direct and indirect costs and expenses
for labor, services, |
equipment, materials, insurance and other risk
management |
costs, interest and other financing charges, and taxes or fees
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in lieu of taxes; (ii) payments to or required by the United |
States, the
State of Illinois or any agency or department |
thereof, the Central Midwest
Interstate Low-Level Radioactive |
Waste Compact, and subject
to the
provisions of this Act, any |
unit of local government; (iii)
amortization of capitalized |
costs with respect to the disposal facility and
its
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development, including any capitalized reserves; and (iv) |
payments with
respect
to reserves, accounts, escrows or trust |
funds required by law or otherwise
provided for under the |
operating agreement.
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(g) (Blank).
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(h) (Blank).
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(i) (Blank).
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(j) (Blank).
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(j-5) Prior to commencement of facility operations, the |
Agency shall
adopt rules providing for the establishment and |
collection of fees and charges
with respect to the use of the |
disposal facility as provided in subsection (f)
of this |
Section.
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(k) The regional disposal facility shall be subject to ad |
valorem real
estate taxes lawfully imposed by units of local |
government and school districts
with jurisdiction over the |
facility. No other local government tax, surtax,
fee or other |
charge on activities at the regional disposal facility shall be
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allowed except as authorized by the Agency.
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(l) The Agency shall have the power, in the event that |
acceptance of
waste for disposal at the regional disposal |
facility is suspended, delayed
or interrupted, to impose |
emergency fees on the generators of low-level
radioactive |
waste. Generators shall pay emergency fees within 30 days of
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receipt of notice of the emergency fees. The Department shall |
deposit all of
the receipts of any fees collected under this |
subsection into the Low-Level
Radioactive Waste Facility |
Development and Operation Fund created under
subsection (b) of |
Section 14. Emergency fees may be used to mitigate the
impacts |
of the suspension or interruption of acceptance of waste for |
disposal.
The requirements for rulemaking in the Illinois |