Illinois General Assembly - Full Text of Public Act 098-0728
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Public Act 098-0728


 

Public Act 0728 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0728
 
HB4687 EnrolledLRB098 17023 MGM 52107 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Nuclear Safety Preparedness Act is
amended by changing Section 4 as follows:
 
    (420 ILCS 5/4)  (from Ch. 111 1/2, par. 4304)
    Sec. 4. Nuclear accident plans; fees. Persons engaged
within this State in the production of electricity utilizing
nuclear energy, the operation of nuclear test and research
reactors, the chemical conversion of uranium, or the
transportation, storage or possession of spent nuclear fuel or
high-level radioactive waste shall pay fees to cover the cost
of establishing plans and programs to deal with the possibility
of nuclear accidents. Except as provided below, the fees shall
be used to fund those Agency and local government activities
defined as necessary by the Director to implement and maintain
the plans and programs authorized by this Act. Local
governments incurring expenses attributable to implementation
and maintenance of the plans and programs authorized by this
Act may apply to the Agency for compensation for those
expenses, and upon approval by the Director of applications
submitted by local governments, the Agency shall compensate
local governments from fees collected under this Section.
Compensation for local governments shall include $250,000 in
any year through fiscal year 1993, $275,000 in fiscal year 1994
and fiscal year 1995, $300,000 in fiscal year 1996, $400,000 in
fiscal year 1997, and $450,000 in fiscal year 1998 and
thereafter. Appropriations to the Department of Nuclear Safety
(of which the Agency is the successor) for compensation to
local governments from the Nuclear Safety Emergency
Preparedness Fund provided for in this Section shall not exceed
$650,000 per State fiscal year. Expenditures from these
appropriations shall not exceed, in a single State fiscal year,
the annual compensation amount made available to local
governments under this Section, unexpended funds made
available for local government compensation in the previous
fiscal year, and funds recovered under the Illinois Grant Funds
Recovery Act during previous fiscal years. Notwithstanding any
other provision of this Act, the expenditure limitation for
fiscal year 1998 shall include the additional $100,000 made
available to local governments for fiscal year 1997 under this
amendatory Act of 1997. The Agency shall, by rule, determine
the method for compensating local governments under this
Section. The appropriation shall not exceed $500,000 in any
year preceding fiscal year 1996; the appropriation shall not
exceed $625,000 in fiscal year 1996, $725,000 in fiscal year
1997, and $775,000 in fiscal year 1998 and thereafter. The fees
shall consist of the following:
        (1) A one-time charge of $590,000 per nuclear power
    station in this State to be paid by the owners of the
    stations.
        (2) An additional charge of $240,000 per nuclear power
    station for which a fee under subparagraph (1) was paid
    before June 30, 1982.
        (3) Through June 30, 1982, an annual fee of $75,000 per
    year for each nuclear power reactor for which an operating
    license has been issued by the NRC, and after June 30,
    1982, and through June 30, 1984 an annual fee of $180,000
    per year for each nuclear power reactor for which an
    operating license has been issued by the NRC, and after
    June 30, 1984, and through June 30, 1991, an annual fee of
    $400,000 for each nuclear power reactor for which an
    operating license has been issued by the NRC, to be paid by
    the owners of nuclear power reactors operating in this
    State. After June 30, 1991, the owners of nuclear power
    reactors in this State for which operating licenses have
    been issued by the NRC shall pay the following fees for
    each such nuclear power reactor: for State fiscal year
    1992, $925,000; for State fiscal year 1993, $975,000; for
    State fiscal year 1994; $1,010,000; for State fiscal year
    1995, $1,060,000; for State fiscal years 1996 and 1997,
    $1,110,000; for State fiscal year 1998, $1,314,000; for
    State fiscal year 1999, $1,368,000; for State fiscal year
    2000, $1,404,000; for State fiscal year 2001, $1,696,455;
    for State fiscal year 2002, $1,730,636; for State fiscal
    year 2003 through State fiscal year 2011, $1,757,727; for
    State fiscal year 2012 and subsequent fiscal years,
    $1,903,182.
        (3.5) The owner of a nuclear power reactor that
    notifies the Nuclear Regulatory Commission that the
    nuclear power reactor has permanently ceased operations
    during State fiscal year 1998 shall pay the following fees
    for each such nuclear power reactor: $1,368,000 for State
    fiscal year 1999 and $1,404,000 for State fiscal year 2000.
        (4) A capital expenditure surcharge of $1,400,000 per
    nuclear power station in this State, whether operating or
    under construction, shall be paid by the owners of the
    station.
        (5) An annual fee of $25,000 per year for each site for
    which a valid operating license has been issued by NRC for
    the operation of an away-from-reactor spent nuclear fuel or
    high-level radioactive waste storage facility, to be paid
    by the owners of facilities for the storage of spent
    nuclear fuel or high-level radioactive waste for others in
    this State.
        (6) A one-time charge of $280,000 for each facility in
    this State housing a nuclear test and research reactor, to
    be paid by the operator of the facility. However, this
    charge shall not be required to be paid by any
    tax-supported institution.
        (7) A one-time charge of $50,000 for each facility in
    this State for the chemical conversion of uranium, to be
    paid by the owner of the facility.
        (8) An annual fee of $150,000 per year for each
    facility in this State housing a nuclear test and research
    reactor, to be paid by the operator of the facility.
    However, this annual fee shall not be required to be paid
    by any tax-supported institution.
        (9) An annual fee of $15,000 per year for each facility
    in this State for the chemical conversion of uranium, to be
    paid by the owner of the facility.
        (10) A fee assessed at the rate of $2,500 per truck for
    each truck shipment and $4,500 for the first cask and
    $3,000 for each additional cask for each rail shipment of
    spent nuclear fuel, high-level radioactive waste,
    transuranic waste, or a highway route controlled quantity
    of radioactive materials received at or departing from any
    nuclear power station or away-from-reactor spent nuclear
    fuel, high-level radioactive waste, transuranic waste
    storage facility, or other facility in this State to be
    paid by the shipper of the spent nuclear fuel, high level
    radioactive waste, transuranic waste, or highway route
    controlled quantity of radioactive material. Truck
    shipments of greater than 250 miles in Illinois are subject
    to a surcharge of $25 per mile over 250 miles for each
    truck in the shipment.
        (11) A fee assessed at the rate of $2,500 per truck for
    each truck shipment and $4,500 for the first cask and
    $3,000 for each additional cask for each rail shipment of
    spent nuclear fuel, high-level radioactive waste,
    transuranic waste, or a highway route controlled quantity
    of radioactive materials traversing the State to be paid by
    the shipper of the spent nuclear fuel, high level
    radioactive waste, transuranic waste, or highway route
    controlled quantity of radioactive material. Truck
    shipments of greater than 250 miles in Illinois are subject
    to a surcharge of $25 per mile over 250 miles for each
    truck in the shipment. For truck shipments of less than 100
    miles in Illinois that consist entirely of cobalt-60 or
    other medical isotopes or both, the $2,500 per truck fee
    shall be reduced to $1,500 for the first truck and $750 for
    each additional truck in the same shipment.
        (12) In each of the State fiscal years 1988 through
    1991, in addition to the annual fee provided for in
    subparagraph (3), a fee of $400,000 for each nuclear power
    reactor for which an operating license has been issued by
    the NRC, to be paid by the owners of nuclear power reactors
    operating in this State. Within 120 days after the end of
    the State fiscal years ending June 30, 1988, June 30, 1989,
    June 30, 1990, and June 30, 1991, the Agency shall
    determine the expenses of the Illinois Nuclear Safety
    Preparedness Program paid from funds appropriated for
    those fiscal years.
(Source: P.A. 97-195, eff. 7-25-11; 97-732, eff. 6-30-12.)

Effective Date: 1/1/2015