100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3017

 

Introduced 2/15/2018, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
420 ILCS 20/13  from Ch. 111 1/2, par. 241-13

    Amends the Illinois Low-Level Radioactive Waste Management Act. Provides that units of local government are exempt from specified waste fees. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Low-Level Radioactive Waste
5Management Act is amended by changing Section 13 as follows:
 
6    (420 ILCS 20/13)  (from Ch. 111 1/2, par. 241-13)
7    Sec. 13. Waste fees.
8    (a) The Agency shall collect a fee from each generator of
9low-level radioactive wastes in this State, except as otherwise
10provided in this subsection. Except as provided in subsections
11(b), (c), and (d), the amount of the fee shall be $50.00 or the
12following amount, whichever is greater:
13        (1) $1 per cubic foot of waste shipped for storage,
14    treatment or disposal if storage of the waste for shipment
15    occurred prior to September 7, 1984;
16        (2) $2 per cubic foot of waste stored for shipment if
17    storage of the waste occurs on or after September 7, 1984,
18    but prior to October 1, 1985;
19        (3) $3 per cubic foot of waste stored for shipment if
20    storage of the waste occurs on or after October 1, 1985;
21        (4) $2 per cubic foot of waste shipped for storage,
22    treatment or disposal if storage of the waste for shipment
23    occurs on or after September 7, 1984 but prior to October

 

 

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1    1, 1985, provided that no fee has been collected previously
2    for storage of the waste;
3        (5) $3 per cubic foot of waste shipped for storage,
4    treatment or disposal if storage of the waste for shipment
5    occurs on or after October 1, 1985, provided that no fees
6    have been collected previously for storage of the waste.
7    Such fees shall be collected annually or as determined by
8the Agency and shall be deposited in the low-level radioactive
9waste funds as provided in Section 14 of this Act.
10Notwithstanding any other provision of this Act, no fee under
11this Section shall be collected from a generator for waste
12generated incident to manufacturing before December 31, 1980,
13and shipped for disposal outside of this State before December
1431, 1992, as part of a site reclamation leading to license
15termination.
16    Units of local government are exempt from the fee
17provisions of this subsection.
18    (b) Each nuclear power reactor in this State for which an
19operating license has been issued by the Nuclear Regulatory
20Commission shall not be subject to the fee required by
21subsection (a) with respect to (1) waste stored for shipment if
22storage of the waste occurs on or after January 1, 1986; and
23(2) waste shipped for storage, treatment or disposal if storage
24of the waste for shipment occurs on or after January 1, 1986.
25In lieu of the fee, each reactor shall be required to pay an
26annual fee as provided in this subsection for the treatment,

 

 

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1storage and disposal of low-level radioactive waste. Beginning
2with State fiscal year 1986 and through State fiscal year 1997,
3fees shall be due and payable on January 1st of each year. For
4State fiscal year 1998 and all subsequent State fiscal years,
5fees shall be due and payable on July 1 of each fiscal year.
6The fee due on July 1, 1997 shall be payable on that date, or
7within 10 days after the effective date of this amendatory Act
8of 1997, whichever is later.
9    The owner of any nuclear power reactor that has an
10operating license issued by the Nuclear Regulatory Commission
11for any portion of State fiscal year 1998 shall continue to pay
12an annual fee of $90,000 for the treatment, storage, and
13disposal of low-level radioactive waste through State fiscal
14year 2002. The fee shall be due and payable on July 1 of each
15fiscal year. The fee due on July 1, 1998 shall be payable on
16that date, or within 10 days after the effective date of this
17amendatory Act of 1998, whichever is later. If the balance in
18the Low-Level Radioactive Waste Facility Development and
19Operation Fund falls below $500,000, as of the end of any
20fiscal year after fiscal year 2002, the Agency is authorized to
21assess by rule, after notice and a hearing, an additional
22annual fee to be paid by the owners of nuclear power reactors
23for which operating licenses have been issued by the Nuclear
24Regulatory Commission, except that no additional annual fee
25shall be assessed because of the fund balance at the end of
26fiscal year 2005 or the end of fiscal year 2006. The additional

 

 

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1annual fee shall be payable on the date or dates specified by
2rule and shall not exceed $30,000 per operating reactor per
3year.
4    (c) In each of State fiscal years 1988, 1989 and 1990, in
5addition to the fee imposed in subsections (b) and (d), the
6owner of each nuclear power reactor in this State for which an
7operating license has been issued by the Nuclear Regulatory
8Commission shall pay a fee of $408,000. If an operating license
9is issued during one of those 3 fiscal years, the owner shall
10pay a prorated amount of the fee equal to $1,117.80 multiplied
11by the number of days in the fiscal year during which the
12nuclear power reactor was licensed.
13    The fee shall be due and payable as follows: in fiscal year
141988, $204,000 shall be paid on October 1, 1987 and $102,000
15shall be paid on each of January 1, 1988 and April 1, 1988; in
16fiscal year 1989, $102,000 shall be paid on each of July 1,
171988, October 1, 1988, January 1, 1989 and April 1, 1989; and
18in fiscal year 1990, $102,000 shall be paid on each of July 1,
191989, October 1, 1989, January 1, 1990 and April 1, 1990. If
20the operating license is issued during one of the 3 fiscal
21years, the owner shall be subject to those payment dates, and
22their corresponding amounts, on which the owner possesses an
23operating license and, on June 30 of the fiscal year of
24issuance of the license, whatever amount of the prorated fee
25remains outstanding.
26    All of the amounts collected by the Agency under this

 

 

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1subsection (c) shall be deposited into the Low-Level
2Radioactive Waste Facility Development and Operation Fund
3created under subsection (a) of Section 14 of this Act and
4expended, subject to appropriation, for the purposes provided
5in that subsection.
6    (d) In addition to the fees imposed in subsections (b) and
7(c), the owners of nuclear power reactors in this State for
8which operating licenses have been issued by the Nuclear
9Regulatory Commission shall pay the following fees for each
10such nuclear power reactor: for State fiscal year 1989,
11$325,000 payable on October 1, 1988, $162,500 payable on
12January 1, 1989, and $162,500 payable on April 1, 1989; for
13State fiscal year 1990, $162,500 payable on July 1, $300,000
14payable on October 1, $300,000 payable on January 1 and
15$300,000 payable on April 1; for State fiscal year 1991, either
16(1) $150,000 payable on July 1, $650,000 payable on September
171, $675,000 payable on January 1, and $275,000 payable on April
181, or (2) $150,000 on July 1, $130,000 on the first day of each
19month from August through December, $225,000 on the first day
20of each month from January through March and $92,000 on the
21first day of each month from April through June; for State
22fiscal year 1992, $260,000 payable on July 1, $900,000 payable
23on September 1, $300,000 payable on October 1, $150,000 payable
24on January 1, and $100,000 payable on April 1; for State fiscal
25year 1993, $100,000 payable on July 1, $230,000 payable on
26August 1 or within 10 days after July 31, 1992, whichever is

 

 

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1later, and $355,000 payable on October 1; for State fiscal year
21994, $100,000 payable on July 1, $75,000 payable on October 1
3and $75,000 payable on April 1; for State fiscal year 1995,
4$100,000 payable on July 1, $75,000 payable on October 1, and
5$75,000 payable on April 1, for State fiscal year 1996,
6$100,000 payable on July 1, $75,000 payable on October 1, and
7$75,000 payable on April 1. The owner of any nuclear power
8reactor that has an operating license issued by the Nuclear
9Regulatory Commission for any portion of State fiscal year 1998
10shall pay an annual fee of $30,000 through State fiscal year
112003. For State fiscal year 2004 and subsequent fiscal years,
12the owner of any nuclear power reactor that has an operating
13license issued by the Nuclear Regulatory Commission shall pay
14an annual fee of $30,000 per reactor, provided that the fee
15shall not apply to a nuclear power reactor with regard to which
16the owner notified the Nuclear Regulatory Commission during
17State fiscal year 1998 that the nuclear power reactor
18permanently ceased operations. The fee shall be due and payable
19on July 1 of each fiscal year. The fee due on July 1, 1998 shall
20be payable on that date, or within 10 days after the effective
21date of this amendatory Act of 1998, whichever is later. The
22fee due on July 1, 1997 shall be payable on that date or within
2310 days after the effective date of this amendatory Act of
241997, whichever is later. If the payments under this subsection
25for fiscal year 1993 due on January 1, 1993, or on April 1,
261993, or both, were due before the effective date of this

 

 

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1amendatory Act of the 87th General Assembly, then those
2payments are waived and need not be made.
3    All of the amounts collected by the Agency under this
4subsection (d) shall be deposited into the Low-Level
5Radioactive Waste Facility Development and Operation Fund
6created pursuant to subsection (a) of Section 14 of this Act
7and expended, subject to appropriation, for the purposes
8provided in that subsection.
9    All payments made by licensees under this subsection (d)
10for fiscal year 1992 that are not appropriated and obligated by
11the Agency above $1,750,000 per reactor in fiscal year 1992,
12shall be credited to the licensees making the payments to
13reduce the per reactor fees required under this subsection (d)
14for fiscal year 1993.
15    (e) The Agency shall promulgate rules and regulations
16establishing standards for the collection of the fees
17authorized by this Section. The regulations shall include, but
18need not be limited to:
19        (1) the records necessary to identify the amounts of
20    low-level radioactive wastes produced;
21        (2) the form and submission of reports to accompany the
22    payment of fees to the Agency; and
23        (3) the time and manner of payment of fees to the
24    Agency, which payments shall not be more frequent than
25    quarterly.
26    (f) Any operating agreement entered into under subsection

 

 

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1(b) of Section 5 of this Act between the Agency and any
2disposal facility contractor shall, subject to the provisions
3of this Act, authorize the contractor to impose upon and
4collect from persons using the disposal facility fees designed
5and set at levels reasonably calculated to produce sufficient
6revenues (1) to pay all costs and expenses properly incurred or
7accrued in connection with, and properly allocated to,
8performance of the contractor's obligations under the
9operating agreement, and (2) to provide reasonable and
10appropriate compensation or profit to the contractor under the
11operating agreement. For purposes of this subsection (f), the
12term "costs and expenses" may include, without limitation, (i)
13direct and indirect costs and expenses for labor, services,
14equipment, materials, insurance and other risk management
15costs, interest and other financing charges, and taxes or fees
16in lieu of taxes; (ii) payments to or required by the United
17States, the State of Illinois or any agency or department
18thereof, the Central Midwest Interstate Low-Level Radioactive
19Waste Compact, and subject to the provisions of this Act, any
20unit of local government; (iii) amortization of capitalized
21costs with respect to the disposal facility and its
22development, including any capitalized reserves; and (iv)
23payments with respect to reserves, accounts, escrows or trust
24funds required by law or otherwise provided for under the
25operating agreement.
26    (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
5Agency shall adopt rules providing for the establishment and
6collection of fees and charges with respect to the use of the
7disposal facility as provided in subsection (f) of this
8Section.
9    (k) The regional disposal facility shall be subject to ad
10valorem real estate taxes lawfully imposed by units of local
11government and school districts with jurisdiction over the
12facility. No other local government tax, surtax, fee or other
13charge on activities at the regional disposal facility shall be
14allowed except as authorized by the Agency.
15    (l) The Agency shall have the power, in the event that
16acceptance of waste for disposal at the regional disposal
17facility is suspended, delayed or interrupted, to impose
18emergency fees on the generators of low-level radioactive
19waste. Generators shall pay emergency fees within 30 days of
20receipt of notice of the emergency fees. The Department shall
21deposit all of the receipts of any fees collected under this
22subsection into the Low-Level Radioactive Waste Facility
23Development and Operation Fund created under subsection (b) of
24Section 14. Emergency fees may be used to mitigate the impacts
25of the suspension or interruption of acceptance of waste for
26disposal. The requirements for rulemaking in the Illinois

 

 

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1Administrative Procedure Act shall not apply to the imposition
2of emergency fees under this subsection.
3    (m) The Agency shall promulgate any other rules and
4regulations as may be necessary to implement this Section.
5(Source: P.A. 94-91, eff. 7-1-05; 95-777, eff. 8-4-08.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.