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92nd General Assembly

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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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