093_HB1283

 
                                     LRB093 06384 EFG 06503 b

 1        AN ACT in relation to nuclear safety.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Nuclear Safety Preparedness  Act
 5    is amended 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
 8    within Illinois this State in the production  of  electricity
 9    utilizing  nuclear  energy, the operation of nuclear test and
10    research reactors, the chemical conversion of uranium, or the
11    transportation, storage or possession of spent  nuclear  fuel
12    or  high-level  radioactive waste shall pay fees to cover the
13    cost of establishing plans and  programs  to  deal  with  the
14    possibility  of nuclear accidents.  Except as provided below,
15    the fees shall be used exclusively to fund those Departmental
16    and local government activities defined as necessary  by  the
17    Director  to  implement  and  maintain the plans and programs
18    authorized by this Act.  Local governments incurring expenses
19    attributable to implementation and maintenance of  the  plans
20    and  programs  authorized  by  this  Act  may  apply  to  the
21    Department  for  compensation  for  those  expenses, and upon
22    approval by the Director of applications submitted  by  local
23    governments,    the   Department   shall   compensate   local
24    governments  from  fees   collected   under   this   Section.
25    Compensation  for local governments shall include $250,000 in
26    any year through fiscal year 1993, $275,000  in  fiscal  year
27    1994  and  fiscal  year  1995,  $300,000 in fiscal year 1996,
28    $400,000 in fiscal year 1997, and  $450,000  in  fiscal  year
29    1998  and  thereafter.   Appropriations  to the Department of
30    Nuclear Safety for compensation to local governments from the
31    Nuclear Safety Emergency Preparedness Fund  provided  for  in
 
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 1    this Section shall not exceed $650,000 per State fiscal year.
 2    Expenditures from these appropriations shall not exceed, in a
 3    single State fiscal year, the annual compensation amount made
 4    available to local governments under this Section, unexpended
 5    funds made available for local government compensation in the
 6    previous  fiscal year, and funds recovered under the Illinois
 7    Grant  Funds  Recovery  Act  during  previous  fiscal  years.
 8    Notwithstanding  any  other  provision  of  this   Act,   the
 9    expenditure limitation for fiscal year 1998 shall include the
10    additional  $100,000  made available to local governments for
11    fiscal year 1997 under this  amendatory  Act  of  1997.   Any
12    funds  within  these  expenditure  limitations, including the
13    additional $100,000 made available for fiscal year 1997 under
14    this amendatory Act of 1997, that remain  unexpended  at  the
15    close  of  business  on June 30, 1997, and on June 30 of each
16    succeeding year, shall be excluded from the  calculations  of
17    credits   under  subparagraph  (3)  of  this  Section.    The
18    Department  shall,  by  rule,  determine   the   method   for
19    compensating   local  governments  under  this  Section.   In
20    addition, a portion of the fees collected may be appropriated
21    to the Illinois Emergency Management  Agency  for  activities
22    associated with preparing and implementing plans to deal with
23    the effects of nuclear accidents. The appropriation shall not
24    exceed  $500,000  in any year preceding fiscal year 1996; the
25    appropriation shall not exceed $625,000 in fiscal year  1996,
26    $725,000  in  fiscal  year  1997, and $775,000 in fiscal year
27    1998  and  thereafter.   The  fees  shall  consist   of   the
28    following:
29        (1)  A  one-time  charge  of  $590,000  per nuclear power
30    station in this State  to  be  paid  by  the  owners  of  the
31    stations.
32        (2)  An  additional  charge of $240,000 per nuclear power
33    station for which a  fee  under  subparagraph  (1)  was  paid
34    before June 30, 1982.
 
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 1        (3)  Through  June 30, 1982, an annual fee of $75,000 per
 2    year for each nuclear power reactor for  which  an  operating
 3    license  has been issued by the NRC, and after June 30, 1982,
 4    and through June 30, 1984 an annual fee of $180,000 per  year
 5    for each nuclear power reactor for which an operating license
 6    has  been  issued  by  the  NRC, and after June 30, 1984, and
 7    through June 30, 1991, an annual fee  of  $400,000  for  each
 8    nuclear power reactor for which an operating license has been
 9    issued  by the NRC, to be paid by the owners of nuclear power
10    reactors operating in this State. After June  30,  1991,  the
11    owners  of  nuclear  power  reactors  in this State for which
12    operating licenses have been issued by the NRC shall pay  the
13    following fees for each such nuclear power reactor: for State
14    fiscal  year  1992,  $925,000;  for  State  fiscal year 1993,
15    $975,000; for State fiscal year 1994; $1,010,000;  for  State
16    fiscal year 1995, $1,060,000; for State fiscal years 1996 and
17    1997, $1,110,000; for State fiscal year 1998, $1,314,000; for
18    State  fiscal  year  1999,  $1,368,000; for State fiscal year
19    2000, $1,404,000; for State fiscal year 2001, $1,696,455; for
20    State fiscal year 2002, $1,730,636;  for  State  fiscal  year
21    2003  and  subsequent  fiscal  years, $1,757,727.  Within 120
22    days after the end of the State fiscal year,  the  Department
23    shall  determine,  from  the  records  of  the  Office of the
24    Comptroller, the balance  in  the  Nuclear  Safety  Emergency
25    Preparedness  Fund.   When  the balance in the fund, less any
26    fees collected under this Section prior to  their  being  due
27    and  payable for the succeeding fiscal year or years, exceeds
28    $400,000 at the close of business on  June  30,  1993,  1994,
29    1995,  1996, 1997, and 1998, or exceeds $500,000 at the close
30    of business on June 30, 1999 and June 30 of  each  succeeding
31    year,  the  excess shall be credited to the owners of nuclear
32    power reactors who are assessed fees under this subparagraph.
33    Credits shall be applied against the  fees  to  be  collected
34    under this subparagraph for the subsequent fiscal year.  Each
 
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 1    owner  shall  receive  as  a credit that amount of the excess
 2    which corresponds proportionately to  the  amount  the  owner
 3    contributed  to all fees collected under this subparagraph in
 4    the fiscal year that produced the excess.
 5        (3.5)  The owner of a nuclear power reactor that notifies
 6    the Nuclear Regulatory  Commission  that  the  nuclear  power
 7    reactor has permanently ceased operations during State fiscal
 8    year  1998 shall pay the following fees for each such nuclear
 9    power reactor: $1,368,000 for  State  fiscal  year  1999  and
10    $1,404,000 for State fiscal year 2000.
11        (4)  A  capital  expenditure  surcharge of $1,400,000 per
12    nuclear power station in this  State,  whether  operating  or
13    under  construction,  shall  be  paid  by  the  owners of the
14    station.
15        (5)  An annual fee of $25,000 per year for each site  for
16    which  a  valid  operating license has been issued by NRC for
17    the operation of an away-from-reactor spent nuclear  fuel  or
18    high-level  radioactive waste storage facility, to be paid by
19    the owners of facilities for the  storage  of  spent  nuclear
20    fuel  or  high-level  radioactive  waste  for  others in this
21    State.
22        (6)  A one-time charge of $280,000 for each  facility  in
23    this State housing a nuclear test and research reactor, to be
24    paid  by  the  operator of the facility. However, this charge
25    shall not  be  required  to  be  paid  by  any  tax-supported
26    institution.
27        (7)  A  one-time  charge  of $50,000 for each facility in
28    this State for the chemical conversion of uranium, to be paid
29    by the owner of the facility.
30        (8)  An annual fee of $150,000 per year for each facility
31    in this State housing a nuclear test and research reactor, to
32    be paid by the  operator  of  the  facility.   However,  this
33    annual   fee  shall  not  be  required  to  be  paid  by  any
34    tax-supported institution.
 
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 1        (9)  An annual fee of $15,000 per year for each  facility
 2    in  this  State for the chemical conversion of uranium, to be
 3    paid by the owner of the facility.
 4        (10)  A fee assessed at the rate of $2,500 per truck  for
 5    each  truck shipment and $4,500 for the first cask and $3,000
 6    for each additional cask for  each  rail  shipment  of  spent
 7    nuclear  fuel,  high-level  radioactive waste, or transuranic
 8    waste received at or departing from any nuclear power station
 9    or   away-from-reactor   spent   nuclear   fuel,   high-level
10    radioactive waste, or transuranic waste storage  facility  in
11    this  State  to  be  paid by the shipper of the spent nuclear
12    fuel, high level radioactive  waste,  or  transuranic  waste.
13    Truck  shipments  of  greater  than 250 miles in Illinois are
14    subject to a surcharge of $25 per mile  over  250  miles  for
15    each  truck  in  the  shipment.  The amount of fees collected
16    each fiscal year under this subparagraph  shall  be  excluded
17    from  the  calculation  of  credits under subparagraph (3) of
18    this Section.
19        (11)  A fee assessed at the rate of $2,500 per truck  for
20    each  truck shipment and $4,500 for the first cask and $3,000
21    for each additional cask for  each  rail  shipment  of  spent
22    nuclear  fuel,  high-level  radioactive waste, or transuranic
23    waste traversing the State to be paid by the shipper  of  the
24    spent   nuclear   fuel,  high  level  radioactive  waste,  or
25    transuranic waste. Truck shipments of greater than 250  miles
26    in  Illinois  are subject to a surcharge of $25 per mile over
27    250 miles for each truck in the shipment.  The amount of fees
28    collected each fiscal year under this subparagraph  shall  be
29    excluded  from  the calculation of credits under subparagraph
30    (3) of this Section.
31        (12)  In each of the  State  fiscal  years  1988  through
32    1991,   in  addition  to  the  annual  fee  provided  for  in
33    subparagraph (3), a fee of $400,000 for  each  nuclear  power
34    reactor for which an operating license has been issued by the
 
                            -6-      LRB093 06384 EFG 06503 b
 1    NRC,  to  be  paid  by  the  owners of nuclear power reactors
 2    operating in this State.  Within 120 days after  the  end  of
 3    the  State  fiscal years ending June 30, 1988, June 30, 1989,
 4    June 30, 1990,  and  June  30,  1991,  the  Department  shall
 5    determine   the  expenses  of  the  Illinois  Nuclear  Safety
 6    Preparedness Program paid from funds appropriated  for  those
 7    fiscal  years.   When the aggregate of all fees, charges, and
 8    surcharges collected under this  Section  during  any  fiscal
 9    year  exceeds  the  total  expenditures  under  this Act from
10    appropriations for that fiscal  year,  the  excess  shall  be
11    credited  to  the  owners  of  nuclear power reactors who are
12    assessed fees under this subparagraph, and the credits  shall
13    be  applied  against  the  fees  to  be  collected under this
14    subparagraph for the subsequent fiscal year. Each owner shall
15    receive  as  a  credit  that  amount  of  the   excess   that
16    corresponds   proportionately   to   the   amount  the  owner
17    contributed to all fees collected under this subparagraph  in
18    the fiscal year that produced the excess.
19    (Source:  P.A.  91-47,  eff.  6-30-99;  91-857, eff. 6-22-00;
20    92-576, eff. 6-26-02.)