97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2699

 

Introduced 1/18/2012, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
420 ILCS 5/4  from Ch. 111 1/2, par. 4304

    Amends the Illinois Nuclear Safety Preparedness Act. Makes a technical change in a Section relating to fees.


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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 Nuclear Safety Preparedness Act is
5amended by changing Section 4 as follows:
 
6    (420 ILCS 5/4)  (from Ch. 111 1/2, par. 4304)
7    Sec. 4. Nuclear accident plans; fees. Persons engaged
8within this State in the the production of electricity
9utilizing nuclear energy, the operation of nuclear test and
10research reactors, the chemical conversion of uranium, or the
11transportation, storage or possession of spent nuclear fuel or
12high-level radioactive waste shall pay fees to cover the cost
13of establishing plans and programs to deal with the possibility
14of nuclear accidents. Except as provided below, the fees shall
15be used exclusively to fund those Agency and local government
16activities defined as necessary by the Director to implement
17and maintain the plans and programs authorized by this Act.
18Local governments incurring expenses attributable to
19implementation and maintenance of the plans and programs
20authorized by this Act may apply to the Agency for compensation
21for those expenses, and upon approval by the Director of
22applications submitted by local governments, the Agency shall
23compensate local governments from fees collected under this

 

 

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1Section. Compensation for local governments shall include
2$250,000 in any year through fiscal year 1993, $275,000 in
3fiscal year 1994 and fiscal year 1995, $300,000 in fiscal year
41996, $400,000 in fiscal year 1997, and $450,000 in fiscal year
51998 and thereafter. Appropriations to the Department of
6Nuclear Safety (of which the Agency is the successor) for
7compensation to local governments from the Nuclear Safety
8Emergency Preparedness Fund provided for in this Section shall
9not exceed $650,000 per State fiscal year. Expenditures from
10these appropriations shall not exceed, in a single State fiscal
11year, the annual compensation amount made available to local
12governments under this Section, unexpended funds made
13available for local government compensation in the previous
14fiscal year, and funds recovered under the Illinois Grant Funds
15Recovery Act during previous fiscal years. Notwithstanding any
16other provision of this Act, the expenditure limitation for
17fiscal year 1998 shall include the additional $100,000 made
18available to local governments for fiscal year 1997 under this
19amendatory Act of 1997. Any funds within these expenditure
20limitations, including the additional $100,000 made available
21for fiscal year 1997 under this amendatory Act of 1997, that
22remain unexpended at the close of business on June 30, 1997,
23and on June 30 of each succeeding year, shall be excluded from
24the calculations of credits under subparagraph (3) of this
25Section. The Agency shall, by rule, determine the method for
26compensating local governments under this Section. The

 

 

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1appropriation shall not exceed $500,000 in any year preceding
2fiscal year 1996; the appropriation shall not exceed $625,000
3in fiscal year 1996, $725,000 in fiscal year 1997, and $775,000
4in fiscal year 1998 and thereafter. The fees shall consist of
5the following:
6        (1) A one-time charge of $590,000 per nuclear power
7    station in this State to be paid by the owners of the
8    stations.
9        (2) An additional charge of $240,000 per nuclear power
10    station for which a fee under subparagraph (1) was paid
11    before June 30, 1982.
12        (3) Through June 30, 1982, an annual fee of $75,000 per
13    year for each nuclear power reactor for which an operating
14    license has been issued by the NRC, and after June 30,
15    1982, and through June 30, 1984 an annual fee of $180,000
16    per year for each nuclear power reactor for which an
17    operating license has been issued by the NRC, and after
18    June 30, 1984, and through June 30, 1991, an annual fee of
19    $400,000 for each nuclear power reactor for which an
20    operating license has been issued by the NRC, to be paid by
21    the owners of nuclear power reactors operating in this
22    State. After June 30, 1991, the owners of nuclear power
23    reactors in this State for which operating licenses have
24    been issued by the NRC shall pay the following fees for
25    each such nuclear power reactor: for State fiscal year
26    1992, $925,000; for State fiscal year 1993, $975,000; for

 

 

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1    State fiscal year 1994; $1,010,000; for State fiscal year
2    1995, $1,060,000; for State fiscal years 1996 and 1997,
3    $1,110,000; for State fiscal year 1998, $1,314,000; for
4    State fiscal year 1999, $1,368,000; for State fiscal year
5    2000, $1,404,000; for State fiscal year 2001, $1,696,455;
6    for State fiscal year 2002, $1,730,636; for State fiscal
7    year 2003 through State fiscal year 2011, $1,757,727; for
8    State fiscal year 2012 and subsequent fiscal years,
9    $1,903,182. Within 120 days after the end of the State
10    fiscal year, the Agency shall determine, from the records
11    of the Office of the Comptroller, the balance in the
12    Nuclear Safety Emergency Preparedness Fund. When the
13    balance in the fund, less any fees collected under this
14    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
19    excess shall be credited to the owners of nuclear power
20    reactors who are assessed fees under this subparagraph.
21    Credits shall be applied against the fees to be collected
22    under this subparagraph for the subsequent fiscal year.
23    Each owner shall receive as a credit that amount of the
24    excess which corresponds proportionately to the amount the
25    owner contributed to all fees collected under this
26    subparagraph in the fiscal year that produced the excess.

 

 

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1        (3.5) The owner of a nuclear power reactor that
2    notifies the Nuclear Regulatory Commission that the
3    nuclear power reactor has permanently ceased operations
4    during State fiscal year 1998 shall pay the following fees
5    for each such nuclear power reactor: $1,368,000 for State
6    fiscal year 1999 and $1,404,000 for State fiscal year 2000.
7        (4) A capital expenditure surcharge of $1,400,000 per
8    nuclear power station in this State, whether operating or
9    under construction, shall be paid by the owners of the
10    station.
11        (5) An annual fee of $25,000 per year for each site for
12    which a valid operating license has been issued by NRC for
13    the operation of an away-from-reactor spent nuclear fuel or
14    high-level radioactive waste storage facility, to be paid
15    by the owners of facilities for the storage of spent
16    nuclear fuel or high-level radioactive waste for others in
17    this State.
18        (6) A one-time charge of $280,000 for each facility in
19    this State housing a nuclear test and research reactor, to
20    be paid by the operator of the facility. However, this
21    charge shall not be required to be paid by any
22    tax-supported institution.
23        (7) A one-time charge of $50,000 for each facility in
24    this State for the chemical conversion of uranium, to be
25    paid by the owner of the facility.
26        (8) An annual fee of $150,000 per year for each

 

 

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1    facility in this State housing a nuclear test and research
2    reactor, to be paid by the operator of the facility.
3    However, this annual fee shall not be required to be paid
4    by any tax-supported institution.
5        (9) An annual fee of $15,000 per year for each facility
6    in this State for the chemical conversion of uranium, to be
7    paid by the owner of the facility.
8        (10) A fee assessed at the rate of $2,500 per truck for
9    each truck shipment and $4,500 for the first cask and
10    $3,000 for each additional cask for each rail shipment of
11    spent nuclear fuel, high-level radioactive waste,
12    transuranic waste, or a highway route controlled quantity
13    of radioactive materials received at or departing from any
14    nuclear power station or away-from-reactor spent nuclear
15    fuel, high-level radioactive waste, transuranic waste
16    storage facility, or other facility in this State to be
17    paid by the shipper of the spent nuclear fuel, high level
18    radioactive waste, transuranic waste, or highway route
19    controlled quantity of radioactive material. Truck
20    shipments of greater than 250 miles in Illinois are subject
21    to a surcharge of $25 per mile over 250 miles for each
22    truck in the shipment. The amount of fees collected each
23    fiscal year under this subparagraph shall be excluded from
24    the calculation of credits under subparagraph (3) of this
25    Section.
26        (11) A fee assessed at the rate of $2,500 per truck for

 

 

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1    each truck shipment and $4,500 for the first cask and
2    $3,000 for each additional cask for each rail shipment of
3    spent nuclear fuel, high-level radioactive waste,
4    transuranic waste, or a highway route controlled quantity
5    of radioactive materials traversing the State to be paid by
6    the shipper of the spent nuclear fuel, high level
7    radioactive waste, transuranic waste, or highway route
8    controlled quantity of radioactive material. Truck
9    shipments of greater than 250 miles in Illinois are subject
10    to a surcharge of $25 per mile over 250 miles for each
11    truck in the shipment. The amount of fees collected each
12    fiscal year under this subparagraph shall be excluded from
13    the calculation of credits under subparagraph (3) of this
14    Section.
15        (12) In each of the State fiscal years 1988 through
16    1991, in addition to the annual fee provided for in
17    subparagraph (3), a fee of $400,000 for each nuclear power
18    reactor for which an operating license has been issued by
19    the NRC, to be paid by the owners of nuclear power reactors
20    operating in this State. Within 120 days after the end of
21    the State fiscal years ending June 30, 1988, June 30, 1989,
22    June 30, 1990, and June 30, 1991, the Agency shall
23    determine the expenses of the Illinois Nuclear Safety
24    Preparedness Program paid from funds appropriated for
25    those fiscal years. When the aggregate of all fees,
26    charges, and surcharges collected under this Section

 

 

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1    during any fiscal year exceeds the total expenditures under
2    this Act from appropriations for that fiscal year, the
3    excess shall be credited to the owners of nuclear power
4    reactors who are assessed fees under this subparagraph, and
5    the credits shall be applied against the fees to be
6    collected under this subparagraph for the subsequent
7    fiscal year. Each owner shall receive as a credit that
8    amount of the excess that corresponds proportionately to
9    the amount the owner contributed to all fees collected
10    under this subparagraph in the fiscal year that produced
11    the excess.
12(Source: P.A. 97-195, eff. 7-25-11.)