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Public Act 92-0276
HB3347 Enrolled LRB9208388LBmg
AN ACT concerning radioactive waste storage.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Low-Level Radioactive Waste
Management Act is amended by changing Sections 13 and 14 as
follows:
(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
Sec. 13. Waste fees.
(a) The Department shall collect a fee from each
generator of low-level radioactive wastes in this State.
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:
(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;
(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;
(3) $3 per cubic foot of waste stored for shipment
if storage of the waste occurs on or after October 1,
1985;
(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 1, 1985, provided that no fee has been
collected previously for storage of the waste;
(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.
Such fees shall be collected annually or as determined by
the Department 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.
(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 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 of $90,000 for the treatment, storage and disposal
of low-level radioactive waste. Beginning 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.
After September 15, 1987, for each nuclear power reactor
for which an operating license is issued after January 1, the
owner of each such reactor shall be required to pay for the
year in which the operating license is issued a prorated fee
equal to $246.57 multiplied by the number of days in the year
during which the nuclear power reactor will be licensed. The
prorated fee shall be due and payable 30 days after the
operating license is issued.
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 2003. 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. If
the balance in the Low-Level Radioactive Waste Facility
Development and Operation Fund falls below $500,000, as of
the end of any fiscal year after fiscal year 2002, the
Department 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 Regulatory Commission. The
additional annual fee shall be payable on the date or dates
specified by rule and shall not exceed $30,000 per operating
reactor per year.
(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.
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, 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.
All of the amounts collected by the Department under this
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.
(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 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 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 amendatory Act of the 87th
General Assembly, then those payments are waived and need not
be made.
All of the amounts collected by the Department 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.
All payments made by licensees under this subsection (d)
for fiscal year 1992 that are not appropriated and obligated
by the Department 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.
(e) The Department 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:
(1) the records necessary to identify the amounts
of low-level radioactive wastes produced;
(2) the form and submission of reports to accompany
the payment of fees to the Department; and
(3) the time and manner of payment of fees to the
Department, which payments shall not be more frequent
than quarterly.
(f) Any operating agreement entered into under
subsection (b) of Section 5 of this Act between the
Department 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 appropriate compensation or
profit to the contractor under the 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 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
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.
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(j-5) Prior to commencement of facility operations, the
Department 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.
(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 allowed except as authorized by the Department.
(l) The Department 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 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 Administrative
Procedure Act shall not apply to the imposition of emergency
fees under this subsection.
(m) The Department shall promulgate any other rules and
regulations as may be necessary to implement this Section.
(Source: P.A. 90-29, eff. 6-26-97; 90-601, eff. 6-26-98;
90-655, eff. 7-30-98.)
(420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
Sec. 14. Waste management funds.
(a) There is hereby created in the State Treasury a
special fund to be known as the "Low-Level Radioactive Waste
Facility Development and Operation Fund". All monies within
the Low-Level Radioactive Waste Facility Development and
Operation Fund shall be invested by the State Treasurer in
accordance with established investment practices. Interest
earned by such investment shall be returned to the Low-Level
Radioactive Waste Facility Development and Operation Fund.
Except as otherwise provided in this subsection, the
Department shall deposit 80% of all receipts from the fees
required under subsections (a) and (b) of Section 13 in the
State Treasury to the credit of this Fund. Beginning July 1,
1997, and until December 31 of the year in which the Task
Group approves a proposed site under Section 10.3, the
Department shall deposit all fees collected under subsections
(a) and (b) of Section 13 of this Act into the Fund. Subject
to appropriation, the Department is authorized to expend all
moneys in the Fund in amounts it deems necessary for:
(1) hiring personnel and any other operating and
contingent expenses necessary for the proper
administration of this Act;
(2) contracting with any firm for the purpose of
carrying out the purposes of this Act;
(3) grants to the Central Midwest Interstate
Low-Level Radioactive Waste Commission (blank);
(4) hiring personnel, contracting with any person,
and meeting any other expenses incurred by the Department
in fulfilling its responsibilities under the Radioactive
Waste Compact Enforcement Act;
(5) activities under Sections 10, 10.2 and 10.3;
(6) payment of fees in lieu of taxes to a local
government having within its boundaries a regional
disposal facility;
(7) payment of grants to counties or municipalities
under Section 12.1; and
(8) fulfillment of obligations under a community
agreement under Section 12.1.
In spending monies pursuant to such appropriations, the
Department shall to the extent practicable avoid duplicating
expenditures made by any firm pursuant to a contract awarded
under this Section. On or before March 1, 1989 and on or
before October 1 of 1989, 1990, 1991, 1992, and 1993, the
Department shall deliver to the Governor, the President and
Minority Leader of the Senate, the Speaker and Minority
Leader of the House, and each of the generators that have
contributed during the preceding State fiscal year to the
Low-Level Radioactive Waste Facility Development and
Operation Fund a financial statement, certified and verified
by the Director, which details all receipts and expenditures
from the fund during the preceding State fiscal year;
provided that the report due on or before March 1, 1989 shall
detail all receipts and expenditures from the fund during the
period from July 1, 1988 through January 31, 1989. The
financial statements shall identify all sources of income to
the fund and all recipients of expenditures from the fund,
shall specify the amounts of all the income and expenditures,
and shall indicate the amounts of all the income and
expenditures, and shall indicate the purpose for all
expenditures.
(b) There is hereby created in the State Treasury a
special fund to be known as the "Low-Level Radioactive Waste
Facility Closure, Post-Closure Care and Compensation Fund".
All monies within the Low-Level Radioactive Waste Facility
Closure, Post-Closure Care and Compensation Fund shall be
invested by the State Treasurer in accordance with
established investment practices. Interest earned by such
investment shall be returned to the Low-Level Radioactive
Waste Facility Closure, Post-Closure Care and Compensation
Fund. The Department shall deposit 20% of all receipts from
the fees required under subsections (a) and (b) of Section 13
of this Act in the State Treasury to the credit of this Fund,
except that, pursuant to subsection (a) of Section 14 of this
Act, there shall be no such deposit into this Fund between
July 1, 1997 and December 31 of the year in which the Task
Group approves a proposed site pursuant to Section 10.3 of
this Act. All deposits into this Fund shall be held by the
State Treasurer separate and apart from all public money or
funds of this State. Subject to appropriation, the
Department is authorized to expend any moneys in this Fund in
amounts it deems necessary for:
(1) decommissioning and other procedures required
for the proper closure of the regional disposal facility;
(2) monitoring, inspecting, and other procedures
required for the proper closure, decommissioning, and
post-closure care of the regional disposal facility;
(3) taking any remedial actions necessary to
protect human health and the environment from releases or
threatened releases of wastes from the regional disposal
facility;
(4) the purchase of facility and third-party
liability insurance necessary during the institutional
control period of the regional disposal facility;
(5) mitigating the impacts of the suspension or
interruption of the acceptance of waste for disposal;
(6) compensating any person suffering any damages
or losses to a person or property caused by a release
from the regional disposal facility as provided for in
Section 15; and
(7) fulfillment of obligations under a community
agreement under Section 12.1.
On or before March 1 of each year, the Department shall
deliver to the Governor, the President and Minority Leader of
the Senate, the Speaker and Minority Leader of the House, and
each of the generators that have contributed during the
preceding State fiscal year to the Fund a financial
statement, certified and verified by the Director, which
details all receipts and expenditures from the Fund during
the preceding State fiscal year. The financial statements
shall identify all sources of income to the Fund and all
recipients of expenditures from the Fund, shall specify the
amounts of all the income and expenditures, and shall
indicate the amounts of all the income and expenditures, and
shall indicate the purpose for all expenditures.
(c) (Blank). Monies in the Low-Level Radioactive Waste
Facility Closure, Post-Closure Care and Compensation Fund
shall be invested by the State Treasurer in the manner
required by law of other State monies, provided that any
interest accruing as a result of the investment shall accrue
to this special Fund.
(d) The Department may accept for any of its purposes
and functions any donations, grants of money, equipment,
supplies, materials, and services from any state or the
United States, or from any institution, person, firm or
corporation. Any donation or grant of money received after
January 1, 1986 shall be deposited in either the Low-Level
Radioactive Waste Facility Development and Operation Fund or
the Low-Level Radioactive Waste Facility Closure,
Post-Closure Care and Compensation Fund, in accordance with
the purpose of the grant.
(Source: P.A. 90-29, eff. 6-26-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 15, 2001.
Approved August 07, 2001.
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