Sen. Sue Rezin

Filed: 11/7/2023

 

 


 

 


 
10300HB2473sam003LRB103 28983 AWJ 65309 a

1
AMENDMENT TO HOUSE BILL 2473

2    AMENDMENT NO. ______. Amend House Bill 2473, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Nuclear Safety Law of 2004 is amended by
6changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 40.5, 50, 55,
765, 70, 75, and 85 and by adding Sections 8 and 90 as follows:
 
8    (20 ILCS 3310/5)
9    Sec. 5. Cross references. The Illinois Emergency
10Management Agency shall exercise, administer, and enforce all
11rights, powers, and duties vested in Department of Nuclear
12Safety by the following named Acts or Sections of those Acts:
13        (1) The Radiation Protection Act of 1990.
14        (2) The Radioactive Waste Storage Act.
15        (3) (Blank).
16        (4) The Laser System Act of 1997.

 

 

10300HB2473sam003- 2 -LRB103 28983 AWJ 65309 a

1        (5) The Illinois Nuclear Safety Preparedness Act.
2        (6) The Radioactive Waste Compact Enforcement Act.
3        (7) Illinois Low-Level Radioactive Waste Management
4    Act.
5        (8) Illinois Nuclear Facility Safety Act.
6        (9) Radioactive Waste Tracking and Permitting Act.
7        (10) Radon Industry Licensing Act.
8        (11) Uranium and Thorium Mill Tailings Control Act.
9(Source: P.A. 95-331, eff. 8-21-07.)
 
10    (20 ILCS 3310/8 new)
11    Sec. 8. Definitions. In this Act:
12    "IEMA-OHS" means the Illinois Emergency Management Agency
13and Office of Homeland Security, or its successor agency.
14    "Director" means the Director of IEMA-OHS.
15    "Nuclear facilities" means nuclear power plants,
16facilities housing nuclear test and research reactors,
17facilities for the chemical conversion of uranium, and
18facilities for the storage of spent nuclear fuel or high-level
19radioactive waste.
20    "Nuclear power plant" or "nuclear steam-generating
21facility" means a thermal power plant in which the energy
22(heat) released by the fissioning of nuclear fuel is used to
23boil water to produce steam.
24    "Nuclear power reactor" means an apparatus, other than an
25atomic weapon, designed or used to sustain nuclear fission in

 

 

10300HB2473sam003- 3 -LRB103 28983 AWJ 65309 a

1a self-supporting chain reaction.
2    "Small modular reactor" or "SMR" means an advanced nuclear
3reactor: (1) with a rated nameplate capacity of 300 electrical
4megawatts or less; and (2) that may be constructed and
5operated in combination with similar reactors at a single
6site.
 
7    (20 ILCS 3310/10)
8    Sec. 10. Nuclear and radioactive materials disposal. The
9Illinois Emergency Management Agency shall formulate a
10comprehensive plan regarding disposal of nuclear and
11radioactive materials in this State. The Illinois Emergency
12Management Agency shall establish minimum standards for
13disposal sites, shall evaluate and publicize potential effects
14on the public health and safety, and shall report to the
15Governor and General Assembly all violations of the adopted
16standards. In carrying out this function, the Illinois
17Emergency Management Agency shall work in cooperation with the
18Radiation Protection Advisory Council.
19(Source: P.A. 93-1029, eff. 8-25-04.)
 
20    (20 ILCS 3310/15)
21    Sec. 15. Radiation sources; radioactive waste disposal.
22The Illinois Emergency Management Agency, instead of the
23Department of Nuclear Safety, shall register, license,
24inspect, and control radiation sources, shall purchase, lease,

 

 

10300HB2473sam003- 4 -LRB103 28983 AWJ 65309 a

1accept, or acquire lands, buildings, and grounds where
2radioactive wastes can be disposed, and shall supervise and
3regulate the operation of the disposal sites.
4(Source: P.A. 93-1029, eff. 8-25-04.)
 
5    (20 ILCS 3310/20)
6    Sec. 20. Nuclear waste sites.
7    (a) The Illinois Emergency Management Agency shall conduct
8a survey and prepare and publish a list of sites in the State
9where nuclear waste has been deposited, treated, or stored.
10    (b) The Illinois Emergency Management Agency shall monitor
11nuclear waste processing, use, handling, storage, and disposal
12practices in the State, and shall determine existing and
13expected rates of production of nuclear wastes.
14    (c) The Illinois Emergency Management Agency shall compile
15and make available to the public an annual report identifying
16the type and quantities of nuclear waste generated, stored,
17treated, or disposed of within this State and containing the
18other information required to be collected under this Section.
19(Source: P.A. 93-1029, eff. 8-25-04.)
 
20    (20 ILCS 3310/25)
21    Sec. 25. Boiler and pressure vessel safety. The Illinois
22Emergency Management Agency shall exercise, administer, and
23enforce all of the following rights, powers, and duties:
24        (1) Rights, powers, and duties vested in the

 

 

10300HB2473sam003- 5 -LRB103 28983 AWJ 65309 a

1    Department of Nuclear Safety by the Boiler and Pressure
2    Vessel Safety Act prior to the abolishment of the
3    Department of Nuclear Safety, to the extent the rights,
4    powers, and duties relate to nuclear steam-generating
5    facilities.
6        (2) Rights, powers, and duties relating to nuclear
7    steam-generating facilities vested in the Department of
8    Nuclear Safety by the Boiler and Pressure Vessel Safety
9    Act prior to the abolishment of the Department of Nuclear
10    Safety, which include but are not limited to the
11    formulation of definitions, rules, and regulations for the
12    safe and proper construction, installation, repair, use,
13    and operation of nuclear steam-generating facilities, the
14    adoption of rules for already installed nuclear
15    steam-generating facilities, the adoption of rules for
16    accidents in nuclear steam-generating facilities, the
17    examination for or suspension of inspectors' licenses of
18    the facilities, and the hearing of appeals from decisions
19    relating to the facilities.
20         (3) Rights, powers, and duties relating to nuclear
21    steam-generating facilities, vested in the State Fire
22    Marshal, the Chief Inspector, or the Department of Nuclear
23    Safety prior to its abolishment, by the Boiler and
24    Pressure Vessel Safety Act, which include but are not
25    limited to the employment of inspectors of nuclear
26    steam-generating facilities, issuance or suspension of

 

 

10300HB2473sam003- 6 -LRB103 28983 AWJ 65309 a

1    their commissions, prosecution of the Act or rules
2    promulgated thereunder for violations by nuclear
3    steam-generating facilities, maintenance of inspection
4    records of all the facilities, publication of rules
5    relating to the facilities, having free access to the
6    facilities, issuance of inspection certificates of the
7    facilities, and the furnishing of bonds conditioned upon
8    the faithful performance of their duties. The Director of
9    the Illinois Emergency Management Agency may designate a
10    Chief Inspector, or other inspectors, as he or she deems
11    necessary to perform the functions transferred by this
12    Section.
13    The transfer of rights, powers, and duties specified in
14paragraphs (1), (2), and (3) is limited to the program
15transferred by this Act and shall not be deemed to abolish or
16diminish the exercise of those same rights, powers, and duties
17by the Office of the State Fire Marshal, the Board of Boiler
18and Pressure Vessel Rules, the State Fire Marshal, or the
19Chief Inspector with respect to programs retained by the
20Office of the State Fire Marshal.
21(Source: P.A. 95-777, eff. 8-4-08.)
 
22    (20 ILCS 3310/30)
23    Sec. 30. Powers vested in Environmental Protection Agency.
24    (a) The Illinois Emergency Management Agency shall
25exercise, administer, and enforce all rights, powers, and

 

 

10300HB2473sam003- 7 -LRB103 28983 AWJ 65309 a

1duties vested in the Environmental Protection Agency by
2paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q,
3and r of Section 4 and by Sections 30 through 45 of the
4Environmental Protection Act, to the extent that these powers
5relate to standards of the Pollution Control Board adopted
6under Section 35 of this Act. The transfer of rights, powers,
7and duties specified in this Section is limited to the
8programs transferred by Public Act 81-1516 and this Act and
9shall not be deemed to abolish or diminish the exercise of
10those same rights, powers, and duties by the Environmental
11Protection Agency with respect to programs retained by the
12Environmental Protection Agency.
13    (b) Notwithstanding provisions in Sections 4 and 17.7 of
14the Environmental Protection Act, the Environmental Protection
15Agency is not required to perform analytical services for
16community water supplies to determine compliance with
17contaminant levels for radionuclides as specified in State or
18federal drinking water regulations.
19(Source: P.A. 99-83, eff. 7-20-15.)
 
20    (20 ILCS 3310/35)
21    Sec. 35. Pollution Control Board regulations concerning
22nuclear plants. The Illinois Emergency Management Agency shall
23enforce the regulations promulgated by the Pollution Control
24Board under Section 25b of the Environmental Protection Act.
25Under these regulations the Illinois Emergency Management

 

 

10300HB2473sam003- 8 -LRB103 28983 AWJ 65309 a

1Agency shall require that a person, corporation, or public
2authority intending to construct a nuclear steam-generating
3facility or a nuclear fuel reprocessing plant file with the
4Illinois Emergency Management Agency an environmental
5feasibility report that incorporates the data provided in the
6preliminary safety analysis required to be filed with the
7United States Nuclear Regulatory Commission.
8(Source: P.A. 93-1029, eff. 8-25-04.)
 
9    (20 ILCS 3310/40)
10    Sec. 40. Regulation of nuclear safety.
11    (a) The Illinois Emergency Management Agency shall have
12primary responsibility for the coordination and oversight of
13all State governmental functions concerning the regulation of
14nuclear power, including low level waste management,
15environmental monitoring, environmental radiochemical
16analysis, and transportation of nuclear waste. Functions
17performed by the Illinois State Police and the Department of
18Transportation in the area of nuclear safety, on the effective
19date of this Act, may continue to be performed by these
20agencies but under the direction of the Illinois Emergency
21Management Agency. All other governmental functions regulating
22nuclear safety shall be coordinated by the Illinois Emergency
23Management Agency.
24    (b) IEMA-OHS, in consultation with the Illinois
25Environmental Protection Agency, shall adopt rules for the

 

 

10300HB2473sam003- 9 -LRB103 28983 AWJ 65309 a

1regulation of small modular reactors. The rules shall be
2adopted by January 1, 2026 and shall include criteria for
3decommissioning, environmental monitoring, and emergency
4preparedness. The rules shall include a fee structure to cover
5IEMA-OHS costs for regulation and inspection. The fee
6structure may include fees to cover costs of local government
7emergency response preparedness through grants administered by
8IEMA-OHS. None of the rules developed by the Illinois
9Emergency Management Agency and Office of Homeland Security or
10any other State agency, board, or commission pursuant to this
11Act shall be construed to supersede the authority of the U.S.
12Nuclear Regulatory Commission. The changes made by this
13amendatory Act of the 103rd General Assembly shall not apply
14to the uprate, renewal, or subsequent renewal of any license
15for an existing nuclear power reactor that began operation
16prior to the effective date of this amendatory Act of the 103rd
17General Assembly. Any fees collected under this subsection
18shall be deposited into the Nuclear Safety Emergency
19Preparedness Fund created pursuant to Section 7 of the
20Illinois Nuclear Safety Preparedness Act.
21    (c) Consistent with federal law and policy statements of
22and cooperative agreements with the U.S. Nuclear Regulatory
23Commission with respect to State participation in health and
24safety regulation of nuclear facilities, and in recognition of
25the role provided for the states by such laws, policy
26statements, and cooperative agreements, IEMA-OHS may develop

 

 

10300HB2473sam003- 10 -LRB103 28983 AWJ 65309 a

1and implement a program for inspections of small modular
2reactors, both operational and non-operational. The owner of
3each small modular reactor shall allow access to IEMA-OHS
4inspectors of all premises and records of the small modular
5reactor. The IEMA-OHS inspectors shall operate in accordance
6with any cooperative agreements executed between IEMA-OHS and
7the U.S. Nuclear Regulatory Commission. The IEMA-OHS
8inspectors shall operate in accordance with the security plan
9for the small modular reactor. IEMA-OHS programs and
10activities under this Section shall not be inconsistent with
11federal law.
12    (d) IEMA-OHS shall be authorized to conduct activities
13specified in Section 8 of the Illinois Nuclear Safety
14Preparedness Act in regard to small modular reactors.
15(Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22.)
 
17    (20 ILCS 3310/40.5)
18    Sec. 40.5. Radiochemistry laboratory program. The Illinois
19Emergency Management Agency shall implement a comprehensive
20radiochemistry laboratory program. The Director of the
21Illinois Emergency Management Agency, in accordance with the
22Personnel Code, shall employ and direct such personnel, and
23shall provide for such laboratory and other facilities, as may
24be necessary to carry out the purposes of this Act and the Acts
25referenced in Section 5.

 

 

10300HB2473sam003- 11 -LRB103 28983 AWJ 65309 a

1(Source: P.A. 102-133, eff. 7-23-21.)
 
2    (20 ILCS 3310/50)
3    Sec. 50. Personnel transferred. Personnel previously
4assigned to the programs transferred from the Department of
5Nuclear Safety are hereby transferred to the Illinois
6Emergency Management Agency (now the Illinois Emergency
7Management Agency and Office of Homeland Security). The rights
8of the employees, the State, and executive agencies under the
9Personnel Code, any collective bargaining agreement, or any
10pension, retirement, or annuity plan shall not be affected by
11this Act.
12(Source: P.A. 93-1029, eff. 8-25-04.)
 
13    (20 ILCS 3310/55)
14    Sec. 55. Records and property transferred. All books,
15records, papers, documents, property (real or personal),
16unexpended appropriations, and pending business in any way
17pertaining to the rights, powers, and duties transferred by
18this Act shall be delivered and transferred to the Illinois
19Emergency Management Agency (now the Illinois Emergency
20Management Agency and Office of Homeland Security).
21(Source: P.A. 93-1029, eff. 8-25-04.)
 
22    (20 ILCS 3310/65)
23    Sec. 65. Nuclear accident plan. The Illinois Emergency

 

 

10300HB2473sam003- 12 -LRB103 28983 AWJ 65309 a

1Management Agency shall have primary responsibility to
2formulate a comprehensive emergency preparedness and response
3plan for any nuclear accident. The Illinois Emergency
4Management Agency shall also train and maintain an emergency
5response team.
6(Source: P.A. 93-1029, eff. 8-25-04.)
 
7    (20 ILCS 3310/70)
8    Sec. 70. Nuclear and radioactive materials transportation
9plan. The Illinois Emergency Management Agency shall formulate
10a comprehensive plan regarding the transportation of nuclear
11and radioactive materials in Illinois. The Illinois Emergency
12Management Agency shall have primary responsibility for all
13State governmental regulation of the transportation of nuclear
14and radioactive materials, insofar as the regulation pertains
15to the public health and safety. This responsibility shall
16include but not be limited to the authority to oversee and
17coordinate regulatory functions performed by the Department of
18Transportation, the Illinois State Police, and the Illinois
19Commerce Commission.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    (20 ILCS 3310/75)
22    Sec. 75. State nuclear power policy. Subject to
23appropriation, the Illinois Emergency Management Agency, in
24cooperation with the Department of Natural Resources, shall

 

 

10300HB2473sam003- 13 -LRB103 28983 AWJ 65309 a

1study (i) the impact and cost of nuclear power and compare
2these to the impact and cost of alternative sources of energy,
3(ii) the potential effects on the public health and safety of
4all radioactive emissions from nuclear power plants, and (iii)
5all other factors that bear on the use of nuclear power or on
6nuclear safety. The Illinois Emergency Management Agency shall
7formulate a general nuclear policy for the State based on the
8findings of the study. The policy shall include but not be
9limited to the feasibility of continued use of nuclear power,
10effects of the use of nuclear power on the public health and
11safety, minimum acceptable standards for the location of any
12future nuclear power plants, and rules and regulations for the
13reporting by public utilities of radioactive emissions from
14power plants. The Illinois Emergency Management Agency shall
15establish a reliable system for communication between the
16public and the Illinois Emergency Management Agency and for
17dissemination of information by the Illinois Emergency
18Management Agency. The Illinois Emergency Management Agency
19shall publicize the findings of all studies and make the
20publications reasonably available to the public.
21(Source: P.A. 101-149, eff. 7-26-19.)
 
22    (20 ILCS 3310/85)
23    Sec. 85. Saving clause.
24    (a) The rights, powers and duties transferred to the
25Illinois Emergency Management Agency (now the Illinois

 

 

10300HB2473sam003- 14 -LRB103 28983 AWJ 65309 a

1Emergency Management Agency and Office of Homeland Security)
2by this Act shall be vested in and shall be exercised by the
3Illinois Emergency Management Agency (now the Illinois
4Emergency Management Agency and Office of Homeland Security).
5Each act done in exercise of such rights, powers, and duties
6shall have the same legal effect as if done by the Department
7of Nuclear Safety, its divisions, officers, or employees.
8    (b) Every person or corporation shall be subject to the
9same obligations and duties and any penalties, civil or
10criminal, arising therefrom, and shall have the same rights
11arising from the exercise of such powers, duties, rights and
12responsibilities as had been exercised by the Department of
13Nuclear Safety, its divisions, officers or employees.
14    (c) Every officer of the Illinois Emergency Management
15Agency and Office of Homeland Security shall, for any offense,
16be subject to the same penalty or penalties, civil or
17criminal, as are prescribed by existing law for the same
18offense by any officer whose powers or duties were transferred
19under this Act.
20    (d) Whenever reports or notices are now required to be
21made or given or papers or documents furnished or served by any
22person to or upon the agencies and officers transferred by
23this Act, the same shall be made, given, furnished, or served
24in the same manner to or upon the Illinois Emergency
25Management Agency (now the Illinois Emergency Management
26Agency and Office of Homeland Security).

 

 

10300HB2473sam003- 15 -LRB103 28983 AWJ 65309 a

1    (e) This Act shall not affect any act done, ratified, or
2canceled or any right occurring or established or any action
3or proceeding had or commenced in an administrative, civil, or
4criminal cause regarding the Department of Nuclear Safety
5before this Act takes effect, but such actions or proceedings
6may be prosecuted and continued by the Illinois Emergency
7Management Agency (now the Illinois Emergency Management
8Agency and Office of Homeland Security).
9    (f) Any rules of the Department of Nuclear Safety that are
10in full force on the effective date of this Act and that have
11been duly adopted by the Illinois Emergency Management Agency
12(now the Illinois Emergency Management Agency and Office of
13Homeland Security) shall become the rules of the Illinois
14Emergency Management Agency (now the Illinois Emergency
15Management Agency and Office of Homeland Security). This Act
16shall not affect the legality of any such rules in the Illinois
17Administrative Code. Any proposed rules filed with the
18Secretary of State by the Department of Nuclear Safety that
19are pending in the rulemaking process on the effective date of
20this Act, shall be deemed to have been filed by the Illinois
21Emergency Management Agency (now the Illinois Emergency
22Management Agency and Office of Homeland Security). As soon as
23practicable hereafter, the Illinois Emergency Management
24Agency (now the Illinois Emergency Management Agency and
25Office of Homeland Security) shall revise and clarify the
26rules transferred to it under this Act to reflect the

 

 

10300HB2473sam003- 16 -LRB103 28983 AWJ 65309 a

1reorganization of rights, powers, and duties effected by this
2Act using the procedures for recodification of rules available
3under the Illinois Administrative Procedure Act, except that
4existing title, part, and section numbering for the affected
5rules may be retained. The Illinois Emergency Management
6Agency and Office of Homeland Security may propose and adopt
7under the Illinois Administrative Procedure Act such other
8rules of the reorganized agencies that will now be
9administered by the Illinois Emergency Management Agency and
10Office of Homeland Security.
11    (g) If any provision of this Act or its application to any
12person or circumstances is held invalid by any court of
13competent jurisdiction, this invalidity does not affect any
14other provision or application. To achieve this purpose, the
15provisions of this Act are declared to be severable.
16(Source: P.A. 93-1029, eff. 8-25-04.)
 
17    (20 ILCS 3310/90 new)
18    Sec. 90. Small modular reactor study.
19    (a) The Governor may commission a study on the potential
20for development of small modular reactors in this State. No
21later than January 1, 2025, subject to appropriation, the
22Governor is authorized to commission a study, led by the
23Illinois Emergency Management Agency and Office of Homeland
24Security, to research the State's role in guiding the
25development of small modular reactors.

 

 

10300HB2473sam003- 17 -LRB103 28983 AWJ 65309 a

1    IEMA-OHS shall publish a draft of the study for a 30-day
2public comment period. After the conclusion of the public
3comment period, IEMA-OHS shall finalize the study, post a
4publicly available copy on its website, and submit a copy to
5the General Assembly.
6    (b) The study shall include, at a minimum, the following:
7        (1) a review of the current state of small modular
8    reactor technologies and the characteristics of nuclear
9    reactor technologies currently under research and
10    development and expected to enter the market by 2040;
11        (2) a review of the following federal regulatory and
12    permitting issues concerning small modular reactors:
13            (A) current and proposed permitting and approval
14        processes for small modular reactors conducted by
15        federal agencies, including, but not limited to, the
16        Nuclear Regulatory Commission, the Federal Emergency
17        Management Agency, and the United States Environmental
18        Protection Agency;
19            (B) the projected timeline of such federal
20        permitting and approval processes;
21            (C) federal regulation of small modular reactors
22        over the life of those facilities; and
23            (D) federal regulation of the storage and disposal
24        of wastes generated by those facilities;
25        (3) a review of the following State and local
26    regulatory and permitting issues concerning small modular

 

 

10300HB2473sam003- 18 -LRB103 28983 AWJ 65309 a

1    reactors and other sources of electricity generation:
2            (A) current and proposed State and local
3        permitting and approval processes for small modular
4        reactors and other sources of electricity generation,
5        as applicable;
6            (B) State and local regulation of small modular
7        reactors and other sources of electricity generation
8        over the life of those facilities; and
9            (C) State and local regulation of the storage and
10        disposal of wastes generated by those facilities;
11        (4) a review of the following small modular reactor
12    regulatory and permitting issues in other state and local
13    jurisdictions;
14            (A) current and proposed State and local
15        permitting and approval processes for small modular
16        reactors in other state and local jurisdictions;
17            (B) regulation by other state and local
18        jurisdictions of small modular reactors over the life
19        of those facilities; and
20            (C) regulation by other state and local
21        jurisdictions of the storage and disposal of wastes
22        generated by those facilities;
23        (5) a risk analysis of the potential impacts to the
24    health and well-being of the people of the State,
25    including benefits from the reduction in carbon emissions,
26    associated with the development of small modular reactors;

 

 

10300HB2473sam003- 19 -LRB103 28983 AWJ 65309 a

1        (6) an analysis on the impact the deployment of small
2    modular reactors will have on resource adequacy in
3    Illinois regional power grids and on the costs to
4    electricity consumers; and
5        (7) an analysis of potential water sources for use by
6    small modular reactors and whether such usage would
7    jeopardize public consumption, future supply, or natural
8    conditions of such water source.
9    (c) This Section is repealed on January 1, 2027.
 
10    Section 10. The Radioactive Waste Compact Enforcement Act
11is amended by changing Sections 15 and 25 as follows:
 
12    (45 ILCS 141/15)
13    Sec. 15. Definitions. In this Act:
14    "IEMA-OHS" means the Illinois Emergency Management Agency
15and Office of Homeland Security, or its successor agency.
16    "Commission" means the Central Midwest Interstate
17Low-Level Radioactive Waste Commission.
18    "Compact" means the Central Midwest Interstate Low-Level
19Radioactive Waste Compact.
20    "Director" means the Director of IEMA-OHS.
21    "Disposal" means the isolation of waste from the biosphere
22in a permanent facility designed for that purpose.
23    "Facility" means a parcel of land or site, together with
24the structures, equipment, and improvements on or appurtenant

 

 

10300HB2473sam003- 20 -LRB103 28983 AWJ 65309 a

1to the land or site, that is used or is being developed for the
2treatment, storage or disposal of low-level radioactive waste.
3    "Low-level radioactive waste" or "waste" means radioactive
4waste not classified as (1) high-level radioactive waste, (2)
5transuranic waste, (3) spent nuclear fuel, or (4) byproduct
6material as defined in Sections 11e(2), 11e(3), and 11e(4) of
7the Atomic Energy Act (42 U.S.C. 2014). This definition shall
8apply notwithstanding any declaration by the federal
9government, a state, or any regulatory agency that any
10radioactive material is exempt from any regulatory control.
11    "Management plan" means the plan adopted by the Commission
12for the storage, transportation, treatment and disposal of
13waste within the region.
14    "Nuclear facilities" means nuclear power plants,
15facilities housing nuclear test and research reactors,
16facilities for the chemical conversion of uranium, and
17facilities for the storage of spent nuclear fuel or high-level
18radioactive waste.
19    "Nuclear power plant" or "nuclear steam-generating
20facility" means a thermal power plant in which the energy
21(heat) released by the fissioning of nuclear fuel is used to
22boil water to produce steam.
23    "Nuclear power reactor" means an apparatus, other than an
24atomic weapon, designed or used to sustain nuclear fission in
25a self-supporting chain reaction.
26    "Person" means any individual, corporation, business

 

 

10300HB2473sam003- 21 -LRB103 28983 AWJ 65309 a

1enterprise or other legal entity, public or private, and any
2legal successor, representative, agent or agency of that
3individual, corporation, business enterprise, or legal entity.
4    "Region" means the geographical area of the State of
5Illinois and the Commonwealth of Kentucky.
6    "Regional Facility" means any facility as defined in this
7Act that is (1) located in Illinois, and (2) established by
8Illinois pursuant to designation of Illinois as a host state
9by the Commission.
10    "Small modular reactor" or "SMR" means an advanced nuclear
11reactor: (1) with a rated nameplate capacity of 300 electrical
12megawatts or less; and (2) that may be constructed and
13operated in combination with similar reactors at a single
14site.
15    "Storage" means the temporary holding of radioactive
16material for treatment or disposal.
17    "Treatment" means any method, technique or process,
18including storage for radioactive decay, designed to change
19the physical, chemical, or biological characteristics of the
20radioactive material in order to render the radioactive
21material safe for transport or management, amenable to
22recovery, convertible to another usable material, or reduced
23in volume.
24(Source: P.A. 103-306, eff. 7-28-23.)
 
25    (45 ILCS 141/25)

 

 

10300HB2473sam003- 22 -LRB103 28983 AWJ 65309 a

1    Sec. 25. Enforcement.
2    (a) The Illinois Emergency Management Agency (Agency)
3shall adopt regulations to administer and enforce the
4provisions of this Act. The regulations shall be adopted with
5the consultation and cooperation of the Commission.
6    Regulations adopted by the Agency under this Act shall
7prohibit the shipment into or acceptance of waste in Illinois
8if the shipment or acceptance would result in a violation of
9any provision of the Compact or this Act.
10    (b) The Agency may, by regulation, impose conditions on
11the shipment into or acceptance of waste in Illinois that the
12Agency determines to be reasonable and necessary to enforce
13the provisions of this Act. The conditions may include, but
14are not limited to (i) requiring prior notification of any
15proposed shipment or receipt of waste; (ii) requiring the
16shipper or recipient to identify the location to which the
17waste will be sent for disposal following treatment or storage
18in Illinois; (iii) limiting the time that waste from outside
19Illinois may be held in Illinois; (iv) requiring the shipper
20or recipient to post bond or by other mechanism to assure that
21radioactive material will not be treated, stored, or disposed
22of in Illinois in violation of any provision of this Act; (v)
23requiring that the shipper consent to service of process
24before shipment of waste into Illinois.
25    (c) The Agency shall, by regulation, impose a system of
26civil penalties in accordance with the provisions of this Act.

 

 

10300HB2473sam003- 23 -LRB103 28983 AWJ 65309 a

1Amounts recovered under these regulations shall be deposited
2in the Low-Level Radioactive Waste Facility Development and
3Operation Fund.
4    (d) The regulations adopted by the Agency may provide for
5the granting of exemptions, but only upon a showing by the
6applicant that the granting of an exemption would be
7consistent with the Compact.
8(Source: P.A. 95-777, eff. 8-4-08.)
 
9    Section 15. The Public Utilities Act is amended by
10changing Section 8-406 as follows:
 
11    (220 ILCS 5/8-406)  (from Ch. 111 2/3, par. 8-406)
12    Sec. 8-406. Certificate of public convenience and
13necessity.
14    (a) No public utility not owning any city or village
15franchise nor engaged in performing any public service or in
16furnishing any product or commodity within this State as of
17July 1, 1921 and not possessing a certificate of public
18convenience and necessity from the Illinois Commerce
19Commission, the State Public Utilities Commission, or the
20Public Utilities Commission, at the time Public Act 84-617
21goes into effect (January 1, 1986), shall transact any
22business in this State until it shall have obtained a
23certificate from the Commission that public convenience and
24necessity require the transaction of such business. A

 

 

10300HB2473sam003- 24 -LRB103 28983 AWJ 65309 a

1certificate of public convenience and necessity requiring the
2transaction of public utility business in any area of this
3State shall include authorization to the public utility
4receiving the certificate of public convenience and necessity
5to construct such plant, equipment, property, or facility as
6is provided for under the terms and conditions of its tariff
7and as is necessary to provide utility service and carry out
8the transaction of public utility business by the public
9utility in the designated area.
10    (b) No public utility shall begin the construction of any
11new plant, equipment, property, or facility which is not in
12substitution of any existing plant, equipment, property, or
13facility, or any extension or alteration thereof or in
14addition thereto, unless and until it shall have obtained from
15the Commission a certificate that public convenience and
16necessity require such construction. Whenever after a hearing
17the Commission determines that any new construction or the
18transaction of any business by a public utility will promote
19the public convenience and is necessary thereto, it shall have
20the power to issue certificates of public convenience and
21necessity. The Commission shall determine that proposed
22construction will promote the public convenience and necessity
23only if the utility demonstrates: (1) that the proposed
24construction is necessary to provide adequate, reliable, and
25efficient service to its customers and is the least-cost means
26of satisfying the service needs of its customers or that the

 

 

10300HB2473sam003- 25 -LRB103 28983 AWJ 65309 a

1proposed construction will promote the development of an
2effectively competitive electricity market that operates
3efficiently, is equitable to all customers, and is the least
4cost means of satisfying those objectives; (2) that the
5utility is capable of efficiently managing and supervising the
6construction process and has taken sufficient action to ensure
7adequate and efficient construction and supervision thereof;
8and (3) that the utility is capable of financing the proposed
9construction without significant adverse financial
10consequences for the utility or its customers.
11    (b-5) As used in this subsection (b-5):
12    "Qualifying direct current applicant" means an entity that
13seeks to provide direct current bulk transmission service for
14the purpose of transporting electric energy in interstate
15commerce.
16    "Qualifying direct current project" means a high voltage
17direct current electric service line that crosses at least one
18Illinois border, the Illinois portion of which is physically
19located within the region of the Midcontinent Independent
20System Operator, Inc., or its successor organization, and runs
21through the counties of Pike, Scott, Greene, Macoupin,
22Montgomery, Christian, Shelby, Cumberland, and Clark, is
23capable of transmitting electricity at voltages of 345
24kilovolts or above, and may also include associated
25interconnected alternating current interconnection facilities
26in this State that are part of the proposed project and

 

 

10300HB2473sam003- 26 -LRB103 28983 AWJ 65309 a

1reasonably necessary to connect the project with other
2portions of the grid.
3    Notwithstanding any other provision of this Act, a
4qualifying direct current applicant that does not own,
5control, operate, or manage, within this State, any plant,
6equipment, or property used or to be used for the transmission
7of electricity at the time of its application or of the
8Commission's order may file an application on or before
9December 31, 2023 with the Commission pursuant to this Section
10or Section 8-406.1 for, and the Commission may grant, a
11certificate of public convenience and necessity to construct,
12operate, and maintain a qualifying direct current project. The
13qualifying direct current applicant may also include in the
14application requests for authority under Section 8-503. The
15Commission shall grant the application for a certificate of
16public convenience and necessity and requests for authority
17under Section 8-503 if it finds that the qualifying direct
18current applicant and the proposed qualifying direct current
19project satisfy the requirements of this subsection and
20otherwise satisfy the criteria of this Section or Section
218-406.1 and the criteria of Section 8-503, as applicable to
22the application and to the extent such criteria are not
23superseded by the provisions of this subsection. The
24Commission's order on the application for the certificate of
25public convenience and necessity shall also include the
26Commission's findings and determinations on the request or

 

 

10300HB2473sam003- 27 -LRB103 28983 AWJ 65309 a

1requests for authority pursuant to Section 8-503. Prior to
2filing its application under either this Section or Section
38-406.1, the qualifying direct current applicant shall conduct
43 public meetings in accordance with subsection (h) of this
5Section. If the qualifying direct current applicant
6demonstrates in its application that the proposed qualifying
7direct current project is designed to deliver electricity to a
8point or points on the electric transmission grid in either or
9both the PJM Interconnection, LLC or the Midcontinent
10Independent System Operator, Inc., or their respective
11successor organizations, the proposed qualifying direct
12current project shall be deemed to be, and the Commission
13shall find it to be, for public use. If the qualifying direct
14current applicant further demonstrates in its application that
15the proposed transmission project has a capacity of 1,000
16megawatts or larger and a voltage level of 345 kilovolts or
17greater, the proposed transmission project shall be deemed to
18satisfy, and the Commission shall find that it satisfies, the
19criteria stated in item (1) of subsection (b) of this Section
20or in paragraph (1) of subsection (f) of Section 8-406.1, as
21applicable to the application, without the taking of
22additional evidence on these criteria. Prior to the transfer
23of functional control of any transmission assets to a regional
24transmission organization, a qualifying direct current
25applicant shall request Commission approval to join a regional
26transmission organization in an application filed pursuant to

 

 

10300HB2473sam003- 28 -LRB103 28983 AWJ 65309 a

1this subsection (b-5) or separately pursuant to Section 7-102
2of this Act. The Commission may grant permission to a
3qualifying direct current applicant to join a regional
4transmission organization if it finds that the membership, and
5associated transfer of functional control of transmission
6assets, benefits Illinois customers in light of the attendant
7costs and is otherwise in the public interest. Nothing in this
8subsection (b-5) requires a qualifying direct current
9applicant to join a regional transmission organization.
10Nothing in this subsection (b-5) requires the owner or
11operator of a high voltage direct current transmission line
12that is not a qualifying direct current project to obtain a
13certificate of public convenience and necessity to the extent
14it is not otherwise required by this Section 8-406 or any other
15provision of this Act.
16    (c) As used in this subsection (c):
17    "Decommissioning" has the meaning given to that term in
18subsection (a) of Section 8-508.1.
19    "Nuclear power reactor" has the meaning given to that term
20in Section 8 of the Nuclear Safety Law of 2004.
21    After the effective date of this amendatory Act of the
22103rd General Assembly September 11, 1987 (the effective date
23of Public Act 85-377), no construction shall commence on any
24new nuclear power reactor with a nameplate capacity of more
25than 300 megawatts of electricity plant to be located within
26this State, and no certificate of public convenience and

 

 

10300HB2473sam003- 29 -LRB103 28983 AWJ 65309 a

1necessity or other authorization shall be issued therefor by
2the Commission, until the Illinois Emergency Management Agency
3and Office of Homeland Security, in consultation with Director
4of the Illinois Environmental Protection Agency and the
5Illinois Department of Natural Resources, finds that the
6United States Government, through its authorized agency, has
7identified and approved a demonstrable technology or means for
8the disposal of high level nuclear waste, or until such
9construction has been specifically approved by a statute
10enacted by the General Assembly. Beginning January 1, 2026,
11construction may commence on a new nuclear power reactor with
12a nameplate capacity of 300 megawatts of electricity or less
13within this State if the entity constructing the new nuclear
14power reactor has obtained all permits, licenses, permissions,
15or approvals governing the construction, operation, and
16funding of decommissioning of such nuclear power reactors
17required by: (1) this Act; (2) any rules adopted by the
18Illinois Emergency Management Agency and Office of Homeland
19Security under the authority of this Act; (3) any applicable
20federal statutes, including, but not limited to, the Atomic
21Energy Act of 1954, the Energy Reorganization Act of 1974, the
22Low-Level Radioactive Waste Policy Amendments Act of 1985, and
23the Energy Policy Act of 1992; (4) any regulations promulgated
24or enforced by the U.S. Nuclear Regulatory Commission,
25including, but not limited to, those codified at Title X,
26Parts 20, 30, 40, 50, 70, and 72 of the Code of Federal

 

 

10300HB2473sam003- 30 -LRB103 28983 AWJ 65309 a

1Regulations, as from time to time amended; and (5) any other
2federal or State statute, rule, or regulation governing the
3permitting, licensing, operation, or decommissioning of such
4nuclear power reactors. None of the rules developed by the
5Illinois Emergency Management Agency and Office of Homeland
6Security or any other State agency, board, or commission
7pursuant to this Act shall be construed to supersede the
8authority of the U.S. Nuclear Regulatory Commission. The
9changes made by this amendatory Act of the 103rd General
10Assembly shall not apply to the uprate, renewal, or subsequent
11renewal of any license for an existing nuclear power reactor
12that began operation prior to the effective date of this
13amendatory Act of the 103rd General Assembly.
14    None of the changes made in this amendatory Act of the
15103rd General Assembly are intended to authorize the
16construction of nuclear power plants powered by nuclear power
17reactors that are not either: (1) small modular nuclear
18reactors; or (2) nuclear power reactors licensed by the U.S.
19Nuclear Regulatory Commission to operate in this State prior
20to the effective date of this amendatory Act of the 103rd
21General Assembly.
22    As used in this Section, "high level nuclear waste" means
23those aqueous wastes resulting from the operation of the first
24cycle of the solvent extraction system or equivalent and the
25concentrated wastes of the subsequent extraction cycles or
26equivalent in a facility for reprocessing irradiated reactor

 

 

10300HB2473sam003- 31 -LRB103 28983 AWJ 65309 a

1fuel and shall include spent fuel assemblies prior to fuel
2reprocessing.
3    (d) In making its determination under subsection (b) of
4this Section, the Commission shall attach primary weight to
5the cost or cost savings to the customers of the utility. The
6Commission may consider any or all factors which will or may
7affect such cost or cost savings, including the public
8utility's engineering judgment regarding the materials used
9for construction.
10    (e) The Commission may issue a temporary certificate which
11shall remain in force not to exceed one year in cases of
12emergency, to assure maintenance of adequate service or to
13serve particular customers, without notice or hearing, pending
14the determination of an application for a certificate, and may
15by regulation exempt from the requirements of this Section
16temporary acts or operations for which the issuance of a
17certificate will not be required in the public interest.
18    A public utility shall not be required to obtain but may
19apply for and obtain a certificate of public convenience and
20necessity pursuant to this Section with respect to any matter
21as to which it has received the authorization or order of the
22Commission under the Electric Supplier Act, and any such
23authorization or order granted a public utility by the
24Commission under that Act shall as between public utilities be
25deemed to be, and shall have except as provided in that Act the
26same force and effect as, a certificate of public convenience

 

 

10300HB2473sam003- 32 -LRB103 28983 AWJ 65309 a

1and necessity issued pursuant to this Section.
2    No electric cooperative shall be made or shall become a
3party to or shall be entitled to be heard or to otherwise
4appear or participate in any proceeding initiated under this
5Section for authorization of power plant construction and as
6to matters as to which a remedy is available under the Electric
7Supplier Act.
8    (f) Such certificates may be altered or modified by the
9Commission, upon its own motion or upon application by the
10person or corporation affected. Unless exercised within a
11period of 2 years from the grant thereof, authority conferred
12by a certificate of convenience and necessity issued by the
13Commission shall be null and void.
14    No certificate of public convenience and necessity shall
15be construed as granting a monopoly or an exclusive privilege,
16immunity or franchise.
17    (g) A public utility that undertakes any of the actions
18described in items (1) through (3) of this subsection (g) or
19that has obtained approval pursuant to Section 8-406.1 of this
20Act shall not be required to comply with the requirements of
21this Section to the extent such requirements otherwise would
22apply. For purposes of this Section and Section 8-406.1 of
23this Act, "high voltage electric service line" means an
24electric line having a design voltage of 100,000 or more. For
25purposes of this subsection (g), a public utility may do any of
26the following:

 

 

10300HB2473sam003- 33 -LRB103 28983 AWJ 65309 a

1        (1) replace or upgrade any existing high voltage
2    electric service line and related facilities,
3    notwithstanding its length;
4        (2) relocate any existing high voltage electric
5    service line and related facilities, notwithstanding its
6    length, to accommodate construction or expansion of a
7    roadway or other transportation infrastructure; or
8        (3) construct a high voltage electric service line and
9    related facilities that is constructed solely to serve a
10    single customer's premises or to provide a generator
11    interconnection to the public utility's transmission
12    system and that will pass under or over the premises owned
13    by the customer or generator to be served or under or over
14    premises for which the customer or generator has secured
15    the necessary right of way.
16    (h) A public utility seeking to construct a high-voltage
17electric service line and related facilities (Project) must
18show that the utility has held a minimum of 2 pre-filing public
19meetings to receive public comment concerning the Project in
20each county where the Project is to be located, no earlier than
216 months prior to filing an application for a certificate of
22public convenience and necessity from the Commission. Notice
23of the public meeting shall be published in a newspaper of
24general circulation within the affected county once a week for
253 consecutive weeks, beginning no earlier than one month prior
26to the first public meeting. If the Project traverses 2

 

 

10300HB2473sam003- 34 -LRB103 28983 AWJ 65309 a

1contiguous counties and where in one county the transmission
2line mileage and number of landowners over whose property the
3proposed route traverses is one-fifth or less of the
4transmission line mileage and number of such landowners of the
5other county, then the utility may combine the 2 pre-filing
6meetings in the county with the greater transmission line
7mileage and affected landowners. All other requirements
8regarding pre-filing meetings shall apply in both counties.
9Notice of the public meeting, including a description of the
10Project, must be provided in writing to the clerk of each
11county where the Project is to be located. A representative of
12the Commission shall be invited to each pre-filing public
13meeting.
14    (i) For applications filed after August 18, 2015 (the
15effective date of Public Act 99-399), the Commission shall, by
16certified mail, notify each owner of record of land, as
17identified in the records of the relevant county tax assessor,
18included in the right-of-way over which the utility seeks in
19its application to construct a high-voltage electric line of
20the time and place scheduled for the initial hearing on the
21public utility's application. The utility shall reimburse the
22Commission for the cost of the postage and supplies incurred
23for mailing the notice.
24(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
25102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
 

 

 

10300HB2473sam003- 35 -LRB103 28983 AWJ 65309 a

1    Section 20. The Environmental Protection Act is amended by
2changing Sections 25a-1 and 25b as follows:
 
3    (415 ILCS 5/25a-1)  (from Ch. 111 1/2, par. 1025a-1)
4    Sec. 25a-1. At least 60 days before beginning the
5decommissioning of any nuclear power plant located in this
6State, the owner or operator of the plant shall file, for
7information purposes only, a copy of the decommissioning plan
8for the plant with the Agency and a copy with the Illinois
9Emergency Management Agency and Office of Homeland Security,
10or its successor agency.
11(Source: P.A. 95-777, eff. 8-4-08.)
 
12    (415 ILCS 5/25b)  (from Ch. 111 1/2, par. 1025b)
13    Sec. 25b. Any person, corporation or public authority
14intending to construct a nuclear steam-generating facility or
15a nuclear fuel reprocessing plant shall file with the Illinois
16Emergency Management Agency and Office of Homeland Security,
17or its successor agency, an environmental feasibility report
18which incorporates the data provided in the preliminary safety
19analysis required to be filed with the United States Nuclear
20Regulatory Commission. The Board may by rule prescribe the
21form of such report. In consultation with the Illinois
22Emergency Management Agency and Office of Homeland Security
23and the Illinois Environmental Protection Agency, the The
24Board shall have the power to adopt standards to protect the

 

 

10300HB2473sam003- 36 -LRB103 28983 AWJ 65309 a

1health, safety and welfare of the citizens of Illinois from
2the hazards of radiation to the extent that such powers are not
3preempted under the federal constitution.
4(Source: P.A. 95-777, eff. 8-4-08.)
 
5    Section 25. The Illinois Nuclear Safety Preparedness Act
6is amended by adding Section 2.5 and by changing Section 3 as
7follows:
 
8    (420 ILCS 5/2.5 new)
9    Sec. 2.5. Applicability. This Act does not apply to small
10modular reactors.
 
11    (420 ILCS 5/3)  (from Ch. 111 1/2, par. 4303)
12    Sec. 3. Definitions. Unless the context otherwise clearly
13requires, as used in this Act:
14    (1) "Agency" or "IEMA-OHS" means the Illinois Emergency
15Management Agency and Office of Homeland Security, or its
16successor agency of the State of Illinois.
17    (2) "Director" means the Director of the Illinois
18Emergency Management Agency.
19    (3) "Person" means any individual, corporation,
20partnership, firm, association, trust, estate, public or
21private institution, group, agency, political subdivision of
22this State, any other state or political subdivision or agency
23thereof, and any legal successor, representative, agent, or

 

 

10300HB2473sam003- 37 -LRB103 28983 AWJ 65309 a

1agency of the foregoing.
2    (4) "NRC" means the United States Nuclear Regulatory
3Commission or any agency which succeeds to its functions in
4the licensing of nuclear power reactors or facilities for
5storing spent nuclear fuel.
6    (5) "High-level radioactive waste" means (1) the highly
7radioactive material resulting from the reprocessing of spent
8nuclear fuel including liquid waste produced directly in
9reprocessing and any solid material derived from such liquid
10waste that contains fission products in sufficient
11concentrations; and (2) the highly radioactive material that
12the NRC has determined to be high-level radioactive waste
13requiring permanent isolation.
14    (6) "Nuclear facilities" means nuclear power plants,
15facilities housing nuclear test and research reactors,
16facilities for the chemical conversion of uranium, and
17facilities for the storage of spent nuclear fuel or high-level
18radioactive waste.
19    (7) "Spent nuclear fuel" means fuel that has been
20withdrawn from a nuclear reactor following irradiation, the
21constituent elements of which have not been separated by
22reprocessing.
23    (8) "Transuranic waste" means material contaminated with
24elements that have an atomic number greater than 92, including
25neptunium, plutonium, americium, and curium, excluding
26radioactive wastes shipped to a licensed low-level radioactive

 

 

10300HB2473sam003- 38 -LRB103 28983 AWJ 65309 a

1waste disposal facility.
2    (9) "Highway route controlled quantity of radioactive
3materials" means that quantity of radioactive materials
4defined as a highway route controlled quantity under rules of
5the United States Department of Transportation, or any
6successor agency.
7    (10) "Nuclear power plant" or "nuclear steam-generating
8facility" means a thermal power plant in which the energy
9(heat) released by the fissioning of nuclear fuel is used to
10boil water to produce steam.
11    (11) "Nuclear power reactor" means an apparatus, other
12than an atomic weapon, designed or used to sustain nuclear
13fission in a self-supporting chain reaction.
14    (12) "Small modular reactor" or "SMR" means an advanced
15nuclear reactor: (1) with a rated nameplate capacity of 300
16electrical megawatts or less; and (2) that may be constructed
17and operated in combination with similar reactors at a single
18site.
19(Source: P.A. 93-1029, eff. 8-25-04.)
 
20    Section 30. The Illinois Nuclear Facility Safety Act is
21amended by changing Section 2 and adding Sections 2.5 and 3.5
22as follows:
 
23    (420 ILCS 10/2)  (from Ch. 111 1/2, par. 4352)
24    Sec. 2. Policy statement. It is declared to be the policy

 

 

10300HB2473sam003- 39 -LRB103 28983 AWJ 65309 a

1of the State of Illinois to prevent accidents at nuclear
2facilities in Illinois for the economic well-being of the
3People of the State of Illinois and for the health and safety
4of workers at nuclear facilities and private citizens who
5could be injured as a result of releases of radioactive
6materials from nuclear facilities. It is the intent of the
7General Assembly that this Act should be construed
8consistently with federal law to maximize the role of the
9State in contributing to safety at nuclear facilities in
10Illinois. It is the intent of the General Assembly that the
11Illinois Emergency Management Agency should not take any
12actions which are preempted by federal law or engage in dual
13regulation of nuclear facilities, unless dual regulation is
14allowed by federal law and policies of the Nuclear Regulatory
15Commission. In implementing its responsibilities under this
16Act, the Agency shall not take any action which interferes
17with the safe operation of a nuclear facility.
18(Source: P.A. 95-777, eff. 8-4-08.)
 
19    (420 ILCS 10/2.5 new)
20    Sec. 2.5. Applicability. This Act does not apply to small
21modular reactors.
 
22    (420 ILCS 10/3.5 new)
23    Sec. 3.5. Definitions. In this Act:
24    "IEMA-OHS" means the Illinois Emergency Management Agency

 

 

10300HB2473sam003- 40 -LRB103 28983 AWJ 65309 a

1and Office of Homeland Security, or its successor agency.
2    "Director" means the Director of IEMA-OHS.
3    "Nuclear facilities" means nuclear power plants,
4facilities housing nuclear test and research reactors,
5facilities for the chemical conversion of uranium, and
6facilities for the storage of spent nuclear fuel or high-level
7radioactive waste.
8    "Nuclear power plant" or "nuclear steam-generating
9facility" means a thermal power plant in which the energy
10(heat) released by the fissioning of nuclear fuel is used to
11boil water to produce steam.
12    "Nuclear power reactor" means an apparatus, other than an
13atomic weapon, designed or used to sustain nuclear fission in
14a self-supporting chain reaction.
15    "Small modular reactor" or "SMR" means an advanced nuclear
16reactor: (1) with a rated nameplate capacity of 300 electrical
17megawatts or less; and (2) that may be constructed and
18operated in combination with similar reactors at a single
19site.
 
20    Section 35. The Illinois Low-Level Radioactive Waste
21Management Act is amended by changing Sections 2, 3, and 13 as
22follows:
 
23    (420 ILCS 20/2)  (from Ch. 111 1/2, par. 241-2)
24    Sec. 2. (a) The General Assembly finds:

 

 

10300HB2473sam003- 41 -LRB103 28983 AWJ 65309 a

1        (1) that low-level radioactive wastes are produced in
2    this State with even greater volumes to be produced in the
3    future;
4        (2) that such radioactive wastes pose a significant
5    risk to the public health, safety and welfare of the
6    people of Illinois; and
7        (3) that it is the obligation of the State of Illinois
8    to its citizens to provide for the safe management of the
9    low-level radioactive wastes produced within its borders.
10    (b) The Illinois Emergency Management Agency has attained
11federal agreement state status and thereby has assumed
12regulatory authority over low-level radioactive waste from the
13United States Nuclear Regulatory Commission under Section 274b
14of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is the
15purpose of this Act to establish a comprehensive program for
16the storage, treatment, and disposal of low-level radioactive
17wastes in Illinois. It is the intent of the General Assembly
18that the program provide for the management of these wastes in
19the safest manner possible and in a manner that creates the
20least risk to human health and the environment of Illinois and
21that the program encourage to the fullest extent possible the
22use of environmentally sound waste management practices
23alternative to land disposal including waste recycling,
24compaction, incineration and other methods to reduce the
25amount of wastes produced, and to ensure public participation
26in all phases of the development of this radioactive waste

 

 

10300HB2473sam003- 42 -LRB103 28983 AWJ 65309 a

1management program.
2(Source: P.A. 95-777, eff. 8-4-08.)
 
3    (420 ILCS 20/3)  (from Ch. 111 1/2, par. 241-3)
4    Sec. 3. Definitions.
5    "Agency" or "IEMA-OHS" means the Illinois Emergency
6Management Agency and Office of Homeland Security, or its
7successor agency.
8    "Broker" means any person who takes possession of
9low-level waste for purposes of consolidation and shipment.
10    "Compact" means the Central Midwest Interstate Low-Level
11Radioactive Waste Compact.
12    "Decommissioning" means the measures taken at the end of a
13facility's operating life to assure the continued protection
14of the public from any residual radioactivity or other
15potential hazards present at a facility.
16    "Director" means the Director of the Illinois Emergency
17Management Agency.
18    "Disposal" means the isolation of waste from the biosphere
19in a permanent facility designed for that purpose.
20    "Facility" means a parcel of land or site, together with
21structures, equipment and improvements on or appurtenant to
22the land or site, which is used or is being developed for the
23treatment, storage or disposal of low-level radioactive waste.
24"Facility" does not include lands, sites, structures or
25equipment used by a generator in the generation of low-level

 

 

10300HB2473sam003- 43 -LRB103 28983 AWJ 65309 a

1radioactive wastes.
2    "Generator" means any person who produces or possesses
3low-level radioactive waste in the course of or incident to
4manufacturing, power generation, processing, medical diagnosis
5and treatment, research, education or other activity.
6    "Hazardous waste" means a waste, or combination of wastes,
7which because of its quantity, concentration, or physical,
8chemical, or infectious characteristics may cause or
9significantly contribute to an increase in mortality or an
10increase in serious, irreversible, or incapacitating
11reversible, illness; or pose a substantial present or
12potential hazard to human health or the environment when
13improperly treated, stored, transported, or disposed of, or
14otherwise managed, and which has been identified, by
15characteristics or listing, as hazardous under Section 3001 of
16the Resource Conservation and Recovery Act of 1976, P.L.
1794-580 or under regulations of the Pollution Control Board.
18    "High-level radioactive waste" means:
19        (1) the highly radioactive material resulting from the
20    reprocessing of spent nuclear fuel including liquid waste
21    produced directly in reprocessing and any solid material
22    derived from the liquid waste that contains fission
23    products in sufficient concentrations; and
24        (2) the highly radioactive material that the Nuclear
25    Regulatory Commission has determined, on the effective
26    date of this Amendatory Act of 1988, to be high-level

 

 

10300HB2473sam003- 44 -LRB103 28983 AWJ 65309 a

1    radioactive waste requiring permanent isolation.
2    "Low-level radioactive waste" or "waste" means radioactive
3waste not classified as (1) high-level radioactive waste, (2)
4transuranic waste, (3) spent nuclear fuel, or (4) byproduct
5material as defined in Sections 11e(2), 11e(3), and 11e(4) of
6the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
7definition shall apply notwithstanding any declaration by the
8federal government, a state, or any regulatory agency that any
9radioactive material is exempt from any regulatory control.
10    "Mixed waste" means waste that is both "hazardous waste"
11and "low-level radioactive waste" as defined in this Act.
12    "Nuclear facilities" means nuclear power plants,
13facilities housing nuclear test and research reactors,
14facilities for the chemical conversion of uranium, and
15facilities for the storage of spent nuclear fuel or high-level
16radioactive waste.
17    "Nuclear power plant" or "nuclear steam-generating
18facility" means a thermal power plant in which the energy
19(heat) released by the fissioning of nuclear fuel is used to
20boil water to produce steam.
21    "Nuclear power reactor" means an apparatus, other than an
22atomic weapon, designed or used to sustain nuclear fission in
23a self-supporting chain reaction.
24    "Person" means an individual, corporation, business
25enterprise or other legal entity either public or private and
26any legal successor, representative, agent or agency of that

 

 

10300HB2473sam003- 45 -LRB103 28983 AWJ 65309 a

1individual, corporation, business enterprise, or legal entity.
2    "Post-closure care" means the continued monitoring of the
3regional disposal facility after closure for the purposes of
4detecting a need for maintenance, ensuring environmental
5safety, and determining compliance with applicable licensure
6and regulatory requirements, and includes undertaking any
7remedial actions necessary to protect public health and the
8environment from radioactive releases from the facility.
9    "Regional disposal facility" or "disposal facility" means
10the facility established by the State of Illinois under this
11Act for disposal away from the point of generation of waste
12generated in the region of the Compact.
13    "Release" means any spilling, leaking, pumping, pouring,
14emitting, emptying, discharging, injecting, escaping,
15leaching, dumping or disposing into the environment of
16low-level radioactive waste.
17    "Remedial action" means those actions taken in the event
18of a release or threatened release of low-level radioactive
19waste into the environment, to prevent or minimize the release
20of the waste so that it does not migrate to cause substantial
21danger to present or future public health or welfare or the
22environment. The term includes, but is not limited to, actions
23at the location of the release such as storage, confinement,
24perimeter protection using dikes, trenches or ditches, clay
25cover, neutralization, cleanup of released low-level
26radioactive wastes, recycling or reuse, dredging or

 

 

10300HB2473sam003- 46 -LRB103 28983 AWJ 65309 a

1excavations, repair or replacement of leaking containers,
2collection of leachate and runoff, onsite treatment or
3incineration, provision of alternative water supplies and any
4monitoring reasonably required to assure that these actions
5protect human health and the environment.
6    "Scientific Surveys" means, collectively, the Illinois
7State Geological Survey and the Illinois State Water Survey of
8the University of Illinois.
9    "Shallow land burial" means a land disposal facility in
10which radioactive waste is disposed of in or within the upper
1130 meters of the earth's surface. However, this definition
12shall not include an enclosed, engineered, structurally
13re-enforced and solidified bunker that extends below the
14earth's surface.
15    "Small modular reactor" or "SMR" means an advanced nuclear
16reactor: (1) with a rated nameplate capacity of 300 electrical
17megawatts or less; and (2) that may be constructed and
18operated in combination with similar reactors at a single
19site.
20    "Storage" means the temporary holding of waste for
21treatment or disposal for a period determined by Agency
22regulations.
23    "Treatment" means any method, technique or process,
24including storage for radioactive decay, designed to change
25the physical, chemical or biological characteristics or
26composition of any waste in order to render the waste safer for

 

 

10300HB2473sam003- 47 -LRB103 28983 AWJ 65309 a

1transport, storage or disposal, amenable to recovery,
2convertible to another usable material or reduced in volume.
3    "Waste management" means the storage, transportation,
4treatment or disposal of waste.
5(Source: P.A. 103-306, eff. 7-28-23.)
 
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
10otherwise provided in this subsection. Except as provided in
11subdivision (b)(2) and subsections (b), (c), and (d), the
12amount of the fee shall be $50.00 or the following amount,
13whichever is greater:
14        (1) $1 per cubic foot of waste shipped for storage,
15    treatment or disposal if storage of the waste for shipment
16    occurred prior to September 7, 1984;
17        (2) $2 per cubic foot of waste stored for shipment if
18    storage of the waste occurs on or after September 7, 1984,
19    but prior to October 1, 1985;
20        (3) $3 per cubic foot of waste stored for shipment if
21    storage of the waste occurs on or after October 1, 1985;
22        (4) $2 per cubic foot of waste shipped for storage,
23    treatment or disposal if storage of the waste for shipment
24    occurs on or after September 7, 1984 but prior to October
25    1, 1985, provided that no fee has been collected

 

 

10300HB2473sam003- 48 -LRB103 28983 AWJ 65309 a

1    previously for storage of the waste;
2        (5) $3 per cubic foot of waste shipped for storage,
3    treatment or disposal if storage of the waste for shipment
4    occurs on or after October 1, 1985, provided that no fees
5    have been collected previously for storage of the waste.
6    Such fees shall be collected annually or as determined by
7the Agency and shall be deposited in the low-level radioactive
8waste funds as provided in Section 14 of this Act.
9Notwithstanding any other provision of this Act, no fee under
10this Section shall be collected from a generator for waste
11generated incident to manufacturing before December 31, 1980,
12and shipped for disposal outside of this State before December
1331, 1992, as part of a site reclamation leading to license
14termination.
15    Units of local government are exempt from the fee
16provisions of this subsection.
17    (b)(1) Small modular reactors shall pay low-level
18radioactive waste fees in accordance with subsection (a).
19    (2) Each nuclear power reactor in this State for which an
20operating license has been issued by the Nuclear Regulatory
21Commission shall not be subject to the fee required by
22subsection (a) with respect to (1) waste stored for shipment
23if storage of the waste occurs on or after January 1, 1986; and
24(2) waste shipped for storage, treatment or disposal if
25storage of the waste for shipment occurs on or after January 1,
261986. In lieu of the fee, each reactor shall be required to pay

 

 

10300HB2473sam003- 49 -LRB103 28983 AWJ 65309 a

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

 

 

10300HB2473sam003- 50 -LRB103 28983 AWJ 65309 a

1fiscal year 2005 or the end of fiscal year 2006. The additional
2annual fee shall be payable on the date or dates specified by
3rule and shall not exceed $30,000 per operating reactor per
4year.
5    (c) In each of State fiscal years 1988, 1989 and 1990, in
6addition to the fee imposed in subsections (b) and (d), the
7owner of each nuclear power reactor in this State for which an
8operating license has been issued by the Nuclear Regulatory
9Commission shall pay a fee of $408,000. If an operating
10license is issued during one of those 3 fiscal years, the owner
11shall pay a prorated amount of the fee equal to $1,117.80
12multiplied by the number of days in the fiscal year during
13which the nuclear power reactor was licensed.
14    The fee shall be due and payable as follows: in fiscal year
151988, $204,000 shall be paid on October 1, 1987 and $102,000
16shall be paid on each of January 1, 1988 and April 1, 1988; in
17fiscal year 1989, $102,000 shall be paid on each of July 1,
181988, October 1, 1988, January 1, 1989 and April 1, 1989; and
19in fiscal year 1990, $102,000 shall be paid on each of July 1,
201989, October 1, 1989, January 1, 1990 and April 1, 1990. If
21the operating license is issued during one of the 3 fiscal
22years, the owner shall be subject to those payment dates, and
23their corresponding amounts, on which the owner possesses an
24operating license and, on June 30 of the fiscal year of
25issuance of the license, whatever amount of the prorated fee
26remains outstanding.

 

 

10300HB2473sam003- 51 -LRB103 28983 AWJ 65309 a

1    All of the amounts collected by the Agency under this
2subsection (c) shall be deposited into the Low-Level
3Radioactive Waste Facility Development and Operation Fund
4created under subsection (a) of Section 14 of this Act and
5expended, subject to appropriation, for the purposes provided
6in that subsection.
7    (d) In addition to the fees imposed in subsections (b) and
8(c), the owners of nuclear power reactors in this State for
9which operating licenses have been issued by the Nuclear
10Regulatory Commission shall pay the following fees for each
11such nuclear power reactor: for State fiscal year 1989,
12$325,000 payable on October 1, 1988, $162,500 payable on
13January 1, 1989, and $162,500 payable on April 1, 1989; for
14State fiscal year 1990, $162,500 payable on July 1, $300,000
15payable on October 1, $300,000 payable on January 1 and
16$300,000 payable on April 1; for State fiscal year 1991,
17either (1) $150,000 payable on July 1, $650,000 payable on
18September 1, $675,000 payable on January 1, and $275,000
19payable on April 1, or (2) $150,000 on July 1, $130,000 on the
20first day of each month from August through December, $225,000
21on the first day of each month from January through March and
22$92,000 on the first day of each month from April through June;
23for State fiscal year 1992, $260,000 payable on July 1,
24$900,000 payable on September 1, $300,000 payable on October
251, $150,000 payable on January 1, and $100,000 payable on
26April 1; for State fiscal year 1993, $100,000 payable on July

 

 

10300HB2473sam003- 52 -LRB103 28983 AWJ 65309 a

11, $230,000 payable on August 1 or within 10 days after July
231, 1992, whichever is later, and $355,000 payable on October
31; for State fiscal year 1994, $100,000 payable on July 1,
4$75,000 payable on October 1 and $75,000 payable on April 1;
5for State fiscal year 1995, $100,000 payable on July 1,
6$75,000 payable on October 1, and $75,000 payable on April 1,
7for State fiscal year 1996, $100,000 payable on July 1,
8$75,000 payable on October 1, and $75,000 payable on April 1.
9The owner of any nuclear power reactor that has an operating
10license issued by the Nuclear Regulatory Commission for any
11portion of State fiscal year 1998 shall pay an annual fee of
12$30,000 through State fiscal year 2003. For State fiscal year
132004 and subsequent fiscal years, the owner of any nuclear
14power reactor that has an operating license issued by the
15Nuclear Regulatory Commission shall pay an annual fee of
16$30,000 per reactor, provided that the fee shall not apply to a
17nuclear power reactor with regard to which the owner notified
18the Nuclear Regulatory Commission during State fiscal year
191998 that the nuclear power reactor permanently ceased
20operations. The fee shall be due and payable on July 1 of each
21fiscal year. The fee due on July 1, 1998 shall be payable on
22that date, or within 10 days after the effective date of this
23amendatory Act of 1998, whichever is later. The fee due on July
241, 1997 shall be payable on that date or within 10 days after
25the effective date of this amendatory Act of 1997, whichever
26is later. If the payments under this subsection for fiscal

 

 

10300HB2473sam003- 53 -LRB103 28983 AWJ 65309 a

1year 1993 due on January 1, 1993, or on April 1, 1993, or both,
2were due before the effective date of this amendatory Act of
3the 87th General Assembly, then those payments are waived and
4need not be made.
5    All of the amounts collected by the Agency under this
6subsection (d) shall be deposited into the Low-Level
7Radioactive Waste Facility Development and Operation Fund
8created pursuant to subsection (a) of Section 14 of this Act
9and expended, subject to appropriation, for the purposes
10provided in that subsection.
11    All payments made by licensees under this subsection (d)
12for fiscal year 1992 that are not appropriated and obligated
13by the Agency above $1,750,000 per reactor in fiscal year
141992, shall be credited to the licensees making the payments
15to reduce the per reactor fees required under this subsection
16(d) for fiscal year 1993.
17    (e) The Agency shall promulgate rules and regulations
18establishing standards for the collection of the fees
19authorized by this Section. The regulations shall include, but
20need not be limited to:
21        (1) the records necessary to identify the amounts of
22    low-level radioactive wastes produced;
23        (2) the form and submission of reports to accompany
24    the payment of fees to the Agency; and
25        (3) the time and manner of payment of fees to the
26    Agency, which payments shall not be more frequent than

 

 

10300HB2473sam003- 54 -LRB103 28983 AWJ 65309 a

1    quarterly.
2    (f) Any operating agreement entered into under subsection
3(b) of Section 5 of this Act between the Agency and any
4disposal facility contractor shall, subject to the provisions
5of this Act, authorize the contractor to impose upon and
6collect from persons using the disposal facility fees designed
7and set at levels reasonably calculated to produce sufficient
8revenues (1) to pay all costs and expenses properly incurred
9or accrued in connection with, and properly allocated to,
10performance of the contractor's obligations under the
11operating agreement, and (2) to provide reasonable and
12appropriate compensation or profit to the contractor under the
13operating agreement. For purposes of this subsection (f), the
14term "costs and expenses" may include, without limitation, (i)
15direct and indirect costs and expenses for labor, services,
16equipment, materials, insurance and other risk management
17costs, interest and other financing charges, and taxes or fees
18in lieu of taxes; (ii) payments to or required by the United
19States, the State of Illinois or any agency or department
20thereof, the Central Midwest Interstate Low-Level Radioactive
21Waste Compact, and subject to the provisions of this Act, any
22unit of local government; (iii) amortization of capitalized
23costs with respect to the disposal facility and its
24development, including any capitalized reserves; and (iv)
25payments with respect to reserves, accounts, escrows or trust
26funds required by law or otherwise provided for under the

 

 

10300HB2473sam003- 55 -LRB103 28983 AWJ 65309 a

1operating agreement.
2    (g) (Blank).
3    (h) (Blank).
4    (i) (Blank).
5    (j) (Blank).
6    (j-5) Prior to commencement of facility operations, the
7Agency shall adopt rules providing for the establishment and
8collection of fees and charges with respect to the use of the
9disposal facility as provided in subsection (f) of this
10Section.
11    (k) The regional disposal facility shall be subject to ad
12valorem real estate taxes lawfully imposed by units of local
13government and school districts with jurisdiction over the
14facility. No other local government tax, surtax, fee or other
15charge on activities at the regional disposal facility shall
16be allowed except as authorized by the Agency.
17    (l) The Agency shall have the power, in the event that
18acceptance of waste for disposal at the regional disposal
19facility is suspended, delayed or interrupted, to impose
20emergency fees on the generators of low-level radioactive
21waste. Generators shall pay emergency fees within 30 days of
22receipt of notice of the emergency fees. The Department shall
23deposit all of the receipts of any fees collected under this
24subsection into the Low-Level Radioactive Waste Facility
25Development and Operation Fund created under subsection (b) of
26Section 14. Emergency fees may be used to mitigate the impacts

 

 

10300HB2473sam003- 56 -LRB103 28983 AWJ 65309 a

1of the suspension or interruption of acceptance of waste for
2disposal. The requirements for rulemaking in the Illinois
3Administrative Procedure Act shall not apply to the imposition
4of emergency fees under this subsection.
5    (m) The Agency shall promulgate any other rules and
6regulations as may be necessary to implement this Section.
7(Source: P.A. 100-938, eff. 8-17-18.)
 
8    Section 40. The Radioactive Waste Storage Act is amended
9by adding Section 0.05 and by changing Sections 1, 2, 3, 4, 5,
10and 6 as follows:
 
11    (420 ILCS 35/0.05 new)
12    Sec. 0.05. Definitions. In this Act:
13    "IEMA-OHS" means the Illinois Emergency Management Agency
14and Office of Homeland Security, or its successor agency.
15    "Director" means the Director of IEMA-OHS.
16    "Nuclear power plant" or "nuclear steam-generating
17facility" means a thermal power plant in which the energy
18(heat) released by the fissioning of nuclear fuel is used to
19boil water to produce steam.
20    "Nuclear facilities" means nuclear power plants,
21facilities housing nuclear test and research reactors,
22facilities for the chemical conversion of uranium, and
23facilities for the storage of spent nuclear fuel or high-level
24radioactive waste.

 

 

10300HB2473sam003- 57 -LRB103 28983 AWJ 65309 a

1    "Nuclear power reactor" means an apparatus, other than an
2atomic weapon, designed or used to sustain nuclear fission in
3a self-supporting chain reaction.
4    "Small modular reactor" or "SMR" means an advanced nuclear
5reactor: (1) with a rated nameplate capacity of 300 electrical
6megawatts or less; and (2) that may be constructed and
7operated in combination with similar reactors at a single
8site.
 
9    (420 ILCS 35/1)  (from Ch. 111 1/2, par. 230.1)
10    Sec. 1. The Director of the Illinois Emergency Management
11Agency is authorized to acquire by private purchase,
12acceptance, or by condemnation in the manner provided for the
13exercise of the power of eminent domain under the Eminent
14Domain Act, any and all lands, buildings and grounds where
15radioactive by-products and wastes produced by industrial,
16medical, agricultural, scientific or other organizations can
17be concentrated, stored or otherwise disposed in a manner
18consistent with the public health and safety. Whenever, in the
19judgment of the Director of the Illinois Emergency Management
20Agency, it is necessary to relocate existing facilities for
21the construction, operation, closure or long-term care of a
22facility for the safe and secure disposal of low-level
23radioactive waste, the cost of relocating such existing
24facilities may be deemed a part of the disposal facility land
25acquisition and the Illinois Emergency Management Agency may,

 

 

10300HB2473sam003- 58 -LRB103 28983 AWJ 65309 a

1on behalf of the State, pay such costs. Existing facilities
2include public utilities, commercial or industrial facilities,
3residential buildings, and such other public or privately
4owned buildings as the Director of the Illinois Emergency
5Management Agency deems necessary for relocation. The Illinois
6Emergency Management Agency is authorized to operate a
7relocation program, and to pay such costs of relocation as are
8provided in the federal "Uniform Relocation Assistance and
9Real Property Acquisition Policies Act", Public Law 91-646.
10The Director of the Illinois Emergency Management Agency is
11authorized to exceed the maximum payments provided pursuant to
12the federal "Uniform Relocation Assistance and Real Property
13Acquisition Policies Act" if necessary to assure the provision
14of decent, safe, and sanitary housing, or to secure a suitable
15alternate location. Payments issued under this Section shall
16be made from the Low-level Radioactive Waste Facility
17Development and Operation Fund established by the Illinois
18Low-Level Radioactive Waste Management Act.
19(Source: P.A. 94-1055, eff. 1-1-07; 95-777, eff. 8-4-08.)
 
20    (420 ILCS 35/2)  (from Ch. 111 1/2, par. 230.2)
21    Sec. 2. The Director of the Illinois Emergency Management
22Agency may accept, receive, and receipt for moneys or lands,
23buildings and grounds for and in behalf of the State, given by
24the Federal Government under any federal law to the State or by
25any other public or private agency, for the acquisition or

 

 

10300HB2473sam003- 59 -LRB103 28983 AWJ 65309 a

1operation of a site or sites for the concentration and storage
2of radioactive wastes. Such funds received by the Director
3pursuant to this section shall be deposited with the State
4Treasurer and held and disbursed by him in accordance with "An
5Act in relation to the receipt, custody, and disbursement of
6money allotted by the United States of America or any agency
7thereof for use in this State", approved July 3, 1939, as
8amended. Provided that such moneys or lands, buildings and
9grounds shall be used only for the purposes for which they are
10contributed.
11(Source: P.A. 95-777, eff. 8-4-08.)
 
12    (420 ILCS 35/3)  (from Ch. 111 1/2, par. 230.3)
13    Sec. 3. The Director of the Illinois Emergency Management
14Agency may lease such lands, buildings and grounds as it may
15acquire under the provisions of this Act to a private firm or
16firms for the purpose of operating a site or sites for the
17concentration and storage of radioactive wastes or for such
18other purpose not contrary to the public interests.
19(Source: P.A. 95-777, eff. 8-4-08.)
 
20    (420 ILCS 35/4)  (from Ch. 111 1/2, par. 230.4)
21    Sec. 4. The operation of any and all sites acquired for the
22concentration and storage of radioactive wastes shall be under
23the direct supervision of the Illinois Emergency Management
24Agency and shall be in accordance with regulations promulgated

 

 

10300HB2473sam003- 60 -LRB103 28983 AWJ 65309 a

1and enforced by the Agency to protect the public health and
2safety.
3(Source: P.A. 95-777, eff. 8-4-08.)
 
4    (420 ILCS 35/5)  (from Ch. 111 1/2, par. 230.5)
5    Sec. 5. The Director of the Illinois Emergency Management
6Agency is authorized to enter into contracts as he may deem
7necessary for carrying out the provisions of this Act. Such
8contracts may include the assessment of fees by the Agency.
9The fees required shall be established at a rate which
10provides an annual amount equal to the anticipated reasonable
11cost necessary to maintain, monitor, and otherwise supervise
12and care for lands and facilities as required in the interest
13of public health and safety.
14(Source: P.A. 95-777, eff. 8-4-08.)
 
15    (420 ILCS 35/6)  (from Ch. 111 1/2, par. 230.6)
16    Sec. 6. It is recognized by the General Assembly that any
17site used for the concentration and storage of radioactive
18waste material will represent a continuing and perpetual
19responsibility in the interests of the public health, safety
20and general welfare, and that the same must ultimately be
21reposed in a sovereign government without regard for the
22existence or nonexistence of any particular agency,
23instrumentality, department, division or officer thereof. In
24all instances lands, buildings and grounds which are to be

 

 

10300HB2473sam003- 61 -LRB103 28983 AWJ 65309 a

1designated as sites for the concentration and storage of
2radioactive waste materials shall be acquired in fee simple
3absolute and dedicated in perpetuity to such purpose. All
4rights, title and interest in, of and to any radioactive waste
5materials accepted by the Illinois Emergency Management Agency
6for permanent storage at such facilities, shall upon
7acceptance become the property of the State and shall be in all
8respects administered, controlled, and disposed of, including
9transfer by sale, lease, loan or otherwise, by the Agency in
10the name of the State. All fees received pursuant to contracts
11entered into by the Illinois Emergency Management Agency shall
12be deposited in the State Treasury and shall be set apart in a
13special fund to be known as the "Radioactive Waste Site
14Perpetual Care Fund". Monies deposited in the fund shall be
15expended by the Illinois Emergency Management Agency to
16monitor and maintain the site as required to protect the
17public health and safety on a continuing and perpetual basis.
18All payments received by the Department of Nuclear Safety (now
19the Illinois Emergency Management Agency) pursuant to the
20settlement agreement entered May 25, 1988, in the matter of
21the People of the State of Illinois, et al. v. Teledyne, Inc.,
22et al. (No. 78 MR 25, Circuit Court, Bureau County, Illinois)
23shall be held by the State Treasurer separate and apart from
24all public moneys or funds of the State, and shall be used only
25as provided in such settlement agreement.
26(Source: P.A. 95-777, eff. 8-4-08.)
 

 

 

10300HB2473sam003- 62 -LRB103 28983 AWJ 65309 a

1    Section 45. The Radioactive Waste Tracking and Permitting
2Act is amended by changing Sections 5, 10, and 15 as follows:
 
3    (420 ILCS 37/5)
4    Sec. 5. Legislative findings.
5    (a) The General Assembly finds:
6        (1) that a considerable volume of wastes are produced
7    in this State with even greater volumes to be produced in
8    the future;
9        (2) that these wastes pose a significant risk to the
10    public health, safety and welfare of the people of
11    Illinois; and
12        (3) that it is the obligation of the State of Illinois
13    to its citizens to provide for the safe management of the
14    wastes produced within its borders.
15    (b) It is the intent of this Act to authorize the Illinois
16Emergency Management Agency to establish, by regulation, a
17tracking system for the regulation of the use of facilities
18licensed under Section 8 of the Illinois Low-Level Radioactive
19Waste Management Act.
20(Source: P.A. 95-777, eff. 8-4-08.)
 
21    (420 ILCS 37/10)
22    Sec. 10. Definitions.
23    (a) "Agency" or "IEMA-OHS" means the Illinois Emergency

 

 

10300HB2473sam003- 63 -LRB103 28983 AWJ 65309 a

1Management Agency and Office of Homeland Security, or its
2successor agency.
3    (b) "Director" means the Director of the Illinois
4Emergency Management Agency.
5    (c) "Disposal" means the isolation of waste from the
6biosphere in a permanent facility designed for that purpose.
7    (d) "Facility" means a parcel of land or a site, together
8with structures, equipment, and improvements on or appurtenant
9to the land or site, that is used or is being developed for the
10treatment, storage, or disposal of low-level radioactive
11waste.
12    (e) "Low-level radioactive waste" or "waste" means
13radioactive waste not classified as (1) high-level radioactive
14waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
15byproduct material as defined in Sections 11e(2), 11e(3), and
1611e(4) of the Atomic Energy Act (42 U.S.C. 2014). This
17definition shall apply notwithstanding any declaration by the
18federal government, a state, or any regulatory agency that any
19radioactive material is exempt from any regulatory control.
20    (e-5) "Nuclear facilities" means nuclear power plants,
21facilities housing nuclear test and research reactors,
22facilities for the chemical conversion of uranium, and
23facilities for the storage of spent nuclear fuel or high-level
24radioactive waste.
25    (e-10) "Nuclear power plant" or "nuclear steam-generating
26facility" means a thermal power plant in which the energy

 

 

10300HB2473sam003- 64 -LRB103 28983 AWJ 65309 a

1(heat) released by the fissioning of nuclear fuel is used to
2boil water to produce steam.
3    (e-15) "Nuclear power reactor" means an apparatus, other
4than an atomic weapon, designed or used to sustain nuclear
5fission in a self-supporting chain reaction.
6    (e-20) "Small modular reactor" or "SMR" means an advanced
7nuclear reactor: (1) with a rated nameplate capacity of 300
8electrical megawatts or less; and (2) that may be constructed
9and operated in combination with similar reactors at a single
10site.
11    (f) "Person" means an individual, corporation, business
12enterprise, or other legal entity, public or private, or any
13legal successor, representative, agent, or agency of that
14individual, corporation, business enterprise, or legal entity.
15    (g) "Regional facility" or "disposal facility" means a
16facility that is located in Illinois and established by
17Illinois, under designation of Illinois as a host state by the
18Commission for disposal of waste.
19    (h) "Storage" means the temporary holding of waste for
20treatment or disposal for a period determined by Agency
21regulations.
22    (i) "Treatment" means any method, technique, or process,
23including storage for radioactive decay, that is designed to
24change the physical, chemical, or biological characteristics
25or composition of any waste in order to render the waste safer
26for transport, storage, or disposal, amenable to recovery,

 

 

10300HB2473sam003- 65 -LRB103 28983 AWJ 65309 a

1convertible to another usable material, or reduced in volume.
2(Source: P.A. 103-306, eff. 7-28-23.)
 
3    (420 ILCS 37/15)
4    Sec. 15. Permit requirements for the storage, treatment,
5and disposal of waste at a disposal facility.
6    (a) Upon adoption of regulations under subsection (c) of
7this Section, no person shall deposit any low-level
8radioactive waste at a storage, treatment, or disposal
9facility in Illinois licensed under Section 8 of the Illinois
10Low-Level Radioactive Waste Management Act without a permit
11granted by the Illinois Emergency Management Agency.
12    (b) Upon adoption of regulations under subsection (c) of
13this Section, no person shall operate a storage, treatment, or
14disposal facility licensed under Section 8 of the Illinois
15Low-Level Radioactive Waste Management Act without a permit
16granted by the Illinois Emergency Management Agency.
17    (c) The Illinois Emergency Management Agency shall adopt
18regulations providing for the issuance, suspension, and
19revocation of permits required under subsections (a) and (b)
20of this Section. The regulations may provide a system for
21tracking low-level radioactive waste to ensure that waste that
22other states are responsible for disposing of under federal
23law does not become the responsibility of the State of
24Illinois. The regulations shall be consistent with the Federal
25Hazardous Materials Transportation Act.

 

 

10300HB2473sam003- 66 -LRB103 28983 AWJ 65309 a

1    (d) The Agency may enter into a contract or contracts for
2operation of the system for tracking low-level radioactive
3waste as provided in subsection (c) of this Section.
4    (e) A person who violates this Section or any regulation
5promulgated under this Section shall be subject to a civil
6penalty, not to exceed $10,000, for each violation. Each day a
7violation continues shall constitute a separate offense. A
8person who fails to pay a civil penalty imposed by a regulation
9adopted under this Section, or any portion of the penalty, is
10liable in a civil action in an amount not to exceed 4 times the
11amount imposed and not paid. At the request of the Agency, the
12Attorney General shall, on behalf of the State, bring an
13action for the recovery of any civil penalty provided for by
14this Section. Any civil penalties so recovered shall be
15deposited in the Low-Level Radioactive Waste Facility Closure,
16Post-Closure Care and Compensation Fund.
17(Source: P.A. 95-777, eff. 8-4-08.)
 
18    Section 50. The Radiation Protection Act of 1990 is
19amended by changing Sections 4, 11, 14, 24.7, 25.1, and 25.2 as
20follows:
 
21    (420 ILCS 40/4)  (from Ch. 111 1/2, par. 210-4)
22    (Section scheduled to be repealed on January 1, 2027)
23    Sec. 4. Definitions. As used in this Act:
24    (a) "Accreditation" means the process by which the Agency

 

 

10300HB2473sam003- 67 -LRB103 28983 AWJ 65309 a

1grants permission to persons meeting the requirements of this
2Act and the Agency's rules and regulations to engage in the
3practice of administering radiation to human beings.
4    (a-2) "Agency" or "IEMA-OHS" means the Illinois Emergency
5Management Agency and Office of Homeland Security, or its
6successor agency.
7    (a-3) "Assistant Director" means the Assistant Director of
8the Agency.
9    (a-5) "By-product material" means: (1) any radioactive
10material (except special nuclear material) yielded in or made
11radioactive by exposure to radiation incident to the process
12of producing or utilizing special nuclear material; (2) the
13tailings or wastes produced by the extraction or concentration
14of uranium or thorium from any ore processed primarily for its
15source material content, including discrete surface wastes
16resulting from underground solution extraction processes but
17not including underground ore bodies depleted by such solution
18extraction processes; (3) any discrete source of radium-226
19that is produced, extracted, or converted after extraction,
20before, on, or after August 8, 2005, for use for a commercial,
21medical, or research activity; (4) any material that has been
22made radioactive by use of a particle accelerator and is
23produced, extracted, or converted after extraction before, on,
24or after August 8, 2005, for use for a commercial, medical, or
25research activity; and (5) any discrete source of naturally
26occurring radioactive material, other than source material,

 

 

10300HB2473sam003- 68 -LRB103 28983 AWJ 65309 a

1that is extracted or converted after extraction for use in
2commercial, medical, or research activity before, on, or after
3August 8, 2005, and which the U.S. Nuclear Regulatory
4Commission, in consultation with the Administrator of the
5Environmental Protection Agency, the Secretary of Energy, the
6Secretary of Homeland Security, and the head of any other
7appropriate Federal agency, determines would pose a threat to
8the public health and safety or the common defense and
9security similar to the threat posed by a discrete source or
10radium-226.
11    (b) (Blank).
12    (c) (Blank).
13    (d) "General license" means a license, pursuant to
14regulations promulgated by the Agency, effective without the
15filing of an application to transfer, acquire, own, possess or
16use quantities of, or devices or equipment utilizing,
17radioactive material, including but not limited to by-product,
18source or special nuclear materials.
19    (d-1) "Identical in substance" means the regulations
20promulgated by the Agency would require the same actions with
21respect to ionizing radiation, for the same group of affected
22persons, as would federal laws, regulations, or orders if any
23federal agency, including but not limited to the Nuclear
24Regulatory Commission, Food and Drug Administration, or
25Environmental Protection Agency, administered the subject
26program in Illinois.

 

 

10300HB2473sam003- 69 -LRB103 28983 AWJ 65309 a

1    (d-3) "Mammography" means radiography of the breast
2primarily for the purpose of enabling a physician to determine
3the presence, size, location and extent of cancerous or
4potentially cancerous tissue in the breast.
5    (d-5) "Nuclear facilities" means nuclear power plants,
6facilities housing nuclear test and research reactors,
7facilities for the chemical conversion of uranium, and
8facilities for the storage of spent nuclear fuel or high-level
9radioactive waste.
10    (d-5.5) "Nuclear power plant" or "nuclear steam-generating
11facility" means a thermal power plant in which the energy
12(heat) released by the fissioning of nuclear fuel is used to
13boil water to produce steam.
14    (d-5.10) "Nuclear power reactor" means an apparatus, other
15than an atomic weapon, designed or used to sustain nuclear
16fission in a self-supporting chain reaction.
17    (d-7) "Operator" is an individual, group of individuals,
18partnership, firm, corporation, association, or other entity
19conducting the business or activities carried on within a
20radiation installation.
21    (e) "Person" means any individual, corporation,
22partnership, firm, association, trust, estate, public or
23private institution, group, agency, political subdivision of
24this State, any other State or political subdivision or agency
25thereof, and any legal successor, representative, agent, or
26agency of the foregoing, other than the United States Nuclear

 

 

10300HB2473sam003- 70 -LRB103 28983 AWJ 65309 a

1Regulatory Commission, or any successor thereto, and other
2than federal government agencies licensed by the United States
3Nuclear Regulatory Commission, or any successor thereto.
4"Person" also includes a federal entity (and its contractors)
5if the federal entity agrees to be regulated by the State or as
6otherwise allowed under federal law.
7    (f) "Radiation" or "ionizing radiation" means gamma rays
8and x-rays, alpha and beta particles, high speed electrons,
9neutrons, protons, and other nuclear particles or
10electromagnetic radiations capable of producing ions directly
11or indirectly in their passage through matter; but does not
12include sound or radio waves or visible, infrared, or
13ultraviolet light.
14    (f-5) "Radiation emergency" means the uncontrolled release
15of radioactive material from a radiation installation which
16poses a potential threat to the public health, welfare, and
17safety.
18    (g) "Radiation installation" is any location or facility
19where radiation machines are used or where radioactive
20material is produced, transported, stored, disposed of, or
21used for any purpose.
22    (h) "Radiation machine" is any device that produces
23radiation when in use.
24    (i) "Radioactive material" means any solid, liquid, or
25gaseous substance which emits radiation spontaneously.
26    (j) "Radiation source" or "source of ionizing radiation"

 

 

10300HB2473sam003- 71 -LRB103 28983 AWJ 65309 a

1means a radiation machine or radioactive material as defined
2herein.
3    (j-5) "Small modular reactor" or "SMR" means an advanced
4nuclear reactor: (1) with a rated nameplate capacity of 300
5electrical megawatts or less; and (2) that may be constructed
6and operated in combination with similar reactors at a single
7site.
8    (k) "Source material" means (1) uranium, thorium, or any
9other material which the Agency declares by order to be source
10material after the United States Nuclear Regulatory
11Commission, or any successor thereto, has determined the
12material to be such; or (2) ores containing one or more of the
13foregoing materials, in such concentration as the Agency
14declares by order to be source material after the United
15States Nuclear Regulatory Commission, or any successor
16thereto, has determined the material in such concentration to
17be source material.
18    (l) "Special nuclear material" means (1) plutonium,
19uranium 233, uranium enriched in the isotope 233 or in the
20isotope 235, and any other material which the Agency declares
21by order to be special nuclear material after the United
22States Nuclear Regulatory Commission, or any successor
23thereto, has determined the material to be such, but does not
24include source material; or (2) any material artificially
25enriched by any of the foregoing, but does not include source
26material.

 

 

10300HB2473sam003- 72 -LRB103 28983 AWJ 65309 a

1    (m) "Specific license" means a license, issued after
2application, to use, manufacture, produce, transfer, receive,
3acquire, own, or possess quantities of, or devices or
4equipment utilizing radioactive materials.
5(Source: P.A. 95-511, eff. 8-28-07; 95-777, eff. 8-4-08;
696-1041, eff. 7-14-10.)
 
7    (420 ILCS 40/11)  (from Ch. 111 1/2, par. 210-11)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 11. Federal-State Agreements.
10    (1) The Governor, on behalf of this State, is authorized
11to enter into agreements with the Federal Government providing
12for discontinuance of certain of the Federal Government's
13responsibilities with respect to sources of ionizing radiation
14and the assumption thereof by this State, including, but not
15limited to, agreements concerning by-product material as
16defined in Section 11(e)(2) of the Atomic Energy Act of 1954,
1742 U.S.C. 2014(e)(2).
18    (2) Any person who, on the effective date of an agreement
19under subsection (1) above, possesses a license issued by the
20Federal Government governing activities for which the Federal
21Government, pursuant to such agreement, is transferring its
22responsibilities to this State shall be deemed to possess the
23same pursuant to a license issued under this Act, which shall
24expire 90 days after receipt from the Department of Nuclear
25Safety (or its successor agency, the Illinois Emergency

 

 

10300HB2473sam003- 73 -LRB103 28983 AWJ 65309 a

1Management Agency) of a notice of expiration of such license,
2or on the date of expiration specified in the Federal license,
3whichever is earlier.
4    (3) At such time as Illinois enters into a Federal-State
5Agreement in accordance with the provisions of this Act, the
6Agency shall license and collect license fees from persons
7operating radiation installations, including installations
8involving the use or possession of by-product material as
9defined in subsection (a-5)(2) of Section 4 and installations
10having such devices or equipment utilizing or producing
11radioactive materials but licensure shall not apply to any
12x-ray machine, including those located in an office of a
13licensed physician or dentist. The Agency may also collect
14license fees from persons authorized by the Agency to engage
15in decommissioning and decontamination activities at radiation
16installations including installations licensed to use or
17possess by-product material as defined in subsection (a-5)(2)
18of Section 4. The license fees collected from persons
19authorized to use or possess by-product material as defined in
20subsection (a-5)(2) of Section 4 or to engage in
21decommissioning and decontamination activities at radiation
22installations where such by-product material is used or
23possessed may include fees sufficient to cover the expenses
24incurred by the Department in conjunction with monitoring
25unlicensed properties contaminated with by-product material as
26defined in subsection (a-5)(2) of Section 4 and overseeing the

 

 

10300HB2473sam003- 74 -LRB103 28983 AWJ 65309 a

1decontamination of such unlicensed properties.
2    The Agency may impose fees for termination of licenses
3including, but not limited to, licenses for refining uranium
4mill concentrates to uranium hexafluoride; licenses for
5possession and use of source material at ore buying stations,
6at ion exchange facilities and at facilities where ore is
7processed to extract metals other than uranium or thorium; and
8licenses authorizing the use or possession of by-product
9material as defined in subsection (a-5)(2) of Section 4. The
10Agency may also set license fees for licenses which authorize
11the distribution of devices, products, or sealed sources
12involved in the production, utilization, or containment of
13radiation. After a public hearing before the Agency, the fees
14and collection procedures shall be prescribed under rules and
15regulations for protection against radiation hazards
16promulgated under this Act.
17    (4) The Agency is authorized to enter into agreements
18related to the receipt and expenditure of federal grants and
19other funds to provide assistance to states and compact
20regions in fulfilling responsibilities under the federal
21Low-Level Radioactive Waste Policy Act, as amended.
22(Source: P.A. 94-104, eff. 7-1-05.)
 
23    (420 ILCS 40/14)  (from Ch. 111 1/2, par. 210-14)
24    (Section scheduled to be repealed on January 1, 2027)
25    Sec. 14. Radiation Protection Advisory Council. There

 

 

10300HB2473sam003- 75 -LRB103 28983 AWJ 65309 a

1shall be created a Radiation Protection Advisory Council
2consisting of 7 members to be appointed by the Governor on the
3basis of demonstrated interest in and capacity to further the
4purposes of this Act and who shall broadly reflect the varied
5interests in and aspects of atomic energy and ionizing
6radiation within the State. The Director of the Department of
7Labor and the Chairman of the Commerce Commission or their
8representatives shall be ex-officio members of the Council.
9    Each member of the Council shall be appointed for a 4 year
10term and shall continue to serve until a successor is
11appointed. Any member appointed to fill a vacancy occurring
12prior to the expiration of the term for which his or her
13predecessor was appointed shall continue to serve until a
14successor is appointed. The Chairman of the Council shall be
15selected by and from the Council membership. The Council
16members shall serve without compensation but shall be
17reimbursed for their actual expenses incurred in line of duty.
18The Council shall meet as often as the Chairman deems
19necessary, but upon request of 4 or more members it shall be
20the duty of the Chairman to call a meeting of the Council.
21    It shall be the duty of the Council to assist in the
22formulation of and to review the policies and program of the
23Agency as developed under authority of this Act and to make
24recommendations thereon and to provide the Agency with such
25technical advice and assistance as may be requested. The
26Council may employ such professional, technical, clerical and

 

 

10300HB2473sam003- 76 -LRB103 28983 AWJ 65309 a

1other assistants, without regard to the civil service laws or
2the "Personnel Code" of this State, as it deems necessary to
3carry out its duties.
4    Individuals who serve on advisory boards of the Department
5of Nuclear Safety or its successor agency, the Illinois
6Emergency Management Agency, shall be defended by the Attorney
7General and indemnified for all actions alleging a violation
8of any duty arising within the scope of their service on such
9board. Nothing contained herein shall be deemed to afford
10defense or indemnification for any willful or wanton violation
11of law. Such defense and indemnification shall be afforded in
12accordance with the terms and provisions of the State Employee
13Indemnification Act.
14(Source: P.A. 94-104, eff. 7-1-05.)
 
15    (420 ILCS 40/24.7)
16    (Section scheduled to be repealed on January 1, 2027)
17    Sec. 24.7. Registration requirement; fees. Beginning
18January 1, 2000, the Department of Nuclear Safety or its
19successor agency, the Illinois Emergency Management Agency, is
20authorized to require every operator of a radiation
21installation to register the installation with the Department
22or the Agency before the installation is placed in operation.
23The Agency is authorized to exempt certain radiation sources
24from registration by rule when the Agency makes a
25determination that the exemption of such sources will not

 

 

10300HB2473sam003- 77 -LRB103 28983 AWJ 65309 a

1constitute a significant risk to health and safety of the
2public. Whenever there is a change in a radiation installation
3that affects the registration information provided to the
4Department or the Agency, including discontinuation of use or
5disposition of radiation sources, the operator of such
6installation shall, within 30 days, give written notice to the
7Department or the Agency detailing the change.
8    Beginning January 1, 2000, every radiation installation
9operator using radiation machines shall register annually in a
10manner and form prescribed by the Department of Nuclear Safety
11or its successor agency, the Illinois Emergency Management
12Agency, and shall pay the Department or the Agency an annual
13registration fee for each radiation machine. The Agency shall
14by rule establish the annual registration fee to register and
15inspect radiation installations based on the type of facility
16and equipment possessed by the registrant. The Agency shall
17bill the operator for the registration fee as soon as
18practical after January 1. The registration fee shall be due
19and payable within 60 days of the date of billing. If after 60
20days the registration fee is not paid, the Agency may issue an
21order directing the operator of the installation to cease use
22of all radiation machines or take other appropriate
23enforcement action as provided in Section 36 of this Act. Fees
24collected under this Section are not refundable.
25    Registration of any radiation installation shall not imply
26approval of manufacture, storage, use, handling, operation, or

 

 

10300HB2473sam003- 78 -LRB103 28983 AWJ 65309 a

1disposal of radiation sources, but shall serve merely as
2notice to the Agency of the location and character of
3radiation sources in this State.
4(Source: P.A. 94-104, eff. 7-1-05.)
 
5    (420 ILCS 40/25.1)
6    (Section scheduled to be repealed on January 1, 2027)
7    Sec. 25.1. Each individual responsible for implementing a
8comprehensive radiation protection program for all hospitals
9and other facilities using mammography, computed tomography
10(CT), or therapeutic radiation machines shall register with
11the Department of Nuclear Safety or its successor agency, the
12Illinois Emergency Management Agency. Application for
13registration shall be made on a form prescribed by the Agency
14and shall be accompanied by the required application fee. The
15Agency shall approve the application and register an
16individual if the individual satisfies criteria established by
17rule of the Agency. The Agency shall assess registered
18individuals an annual registration fee. The Agency shall
19establish by rule application and registration fees. The
20application and registration fees shall not be refundable.
21(Source: P.A. 96-1041, eff. 7-14-10.)
 
22    (420 ILCS 40/25.2)
23    (Section scheduled to be repealed on January 1, 2027)
24    Sec. 25.2. Installation and servicing of radiation

 

 

10300HB2473sam003- 79 -LRB103 28983 AWJ 65309 a

1machines.
2    (a) Beginning January 1, 2002, a service provider who
3installs or services radiation machines in the State of
4Illinois must register with the Department of Nuclear Safety
5or its successor agency, the Illinois Emergency Management
6Agency. An operator of a radiation installation that is
7registered under Section 24.7 is not required to register
8under this Section to service the radiation machines that it
9owns or leases.
10    (b) A service provider who installs a radiation machine in
11the State of Illinois must report the installation to the
12Agency.
13    (c) A service provider who services a radiation machine in
14a radiation installation in the State of Illinois that is not
15registered under Section 24.7 must report the service to the
16Agency.
17    (d) The Agency is authorized to adopt rules to implement
18this Section, including rules assessing application and annual
19registration fees. Application and registration fees are not
20refundable.
21(Source: P.A. 94-104, eff. 7-1-05.)
 
22    Section 55. The Uranium and Thorium Mill Tailings Control
23Act is amended by changing Section 10 as follows:
 
24    (420 ILCS 42/10)

 

 

10300HB2473sam003- 80 -LRB103 28983 AWJ 65309 a

1    Sec. 10. Definitions. As used in this Act:
2    "Agency" or "IEMA-OHS" means the Illinois Emergency
3Management Agency and Office of Homeland Security, or its
4successor agency.
5    "By-product material" means the tailings or wastes
6produced by the extraction or concentration of uranium or
7thorium from any ore processed primarily for its source
8material content, including discrete surface wastes resulting
9from underground solution extraction processes but not
10including underground ore bodies depleted by such solution
11extraction processes.
12    "Director" means the Director of the Illinois Emergency
13Management Agency.
14    "Nuclear facilities" means nuclear power plants,
15facilities housing nuclear test and research reactors,
16facilities for the chemical conversion of uranium, and
17facilities for the storage of spent nuclear fuel or high-level
18radioactive waste.
19    "Nuclear power plant" or "nuclear steam-generating
20facility" means a thermal power plant in which the energy
21(heat) released by the fissioning of nuclear fuel is used to
22boil water to produce steam.
23    "Nuclear power reactor" means an apparatus, other than an
24atomic weapon, designed or used to sustain nuclear fission in
25a self-supporting chain reaction.
26    "Person" means any individual, corporation, partnership,

 

 

10300HB2473sam003- 81 -LRB103 28983 AWJ 65309 a

1firm, association, trust, estate, public or private
2institution, group, agency, political subdivision of this
3State, any other State or political subdivision or agency
4thereof, and any legal successor, representative, agent, or
5agency of the foregoing, other than the United States Nuclear
6Regulatory Commission, or any successor thereto, and other
7than federal government agencies licensed by the United States
8Nuclear Regulatory Commission, or any successor thereto.
9    "Radiation emergency" means the uncontrolled release of
10radioactive material from a radiation installation that poses
11a potential threat to the public health, welfare, and safety.
12    "Small modular reactor" or "SMR" means an advanced nuclear
13reactor: (1) with a rated nameplate capacity of 300 electrical
14megawatts or less; and (2) that may be constructed and
15operated in combination with similar reactors at a single
16site.
17    "Source material" means (i) uranium, thorium, or any other
18material that the Agency declares by order to be source
19material after the United States Nuclear Regulatory Commission
20or its successor has determined the material to be source
21material; or (ii) ores containing one or more of those
22materials in such concentration as the Agency declares by
23order to be source material after the United States Nuclear
24Regulatory Commission or its successor has determined the
25material in such concentration to be source material.
26    "Specific license" means a license, issued after

 

 

10300HB2473sam003- 82 -LRB103 28983 AWJ 65309 a

1application, to use, manufacture, produce, transfer, receive,
2acquire, own, or possess quantities of radioactive materials
3or devices or equipment utilizing radioactive materials.
4(Source: P.A. 95-777, eff. 8-4-08.)
 
5    Section 60. The Radon Industry Licensing Act is amended by
6changing Sections 10 and 15 as follows:
 
7    (420 ILCS 44/10)
8    Sec. 10. Primary responsibility with Illinois Emergency
9Management Agency. The Illinois Emergency Management Agency
10shall have primary responsibility for coordination, oversight,
11and implementation of all State functions in matters
12concerning the presence, effects, measurement, and mitigation
13of risks of radon and radon progeny in dwellings and other
14buildings. The Department of Natural Resources, the
15Environmental Protection Agency, the Department of Public
16Health, and other State agencies shall consult and cooperate
17with the Agency as requested and as necessary to fulfill the
18purposes of this Act.
19(Source: P.A. 94-369, eff. 7-29-05.)
 
20    (420 ILCS 44/15)
21    Sec. 15. Definitions. As used in this Act, unless the
22context requires otherwise:
23    (a) "Agency" or "IEMA-OHS" means the Illinois Emergency

 

 

10300HB2473sam003- 83 -LRB103 28983 AWJ 65309 a

1Management Agency and Office of Homeland Security, or its
2successor agency.
3    (b) "Client" means any person who contracts for
4measurement or mitigation services.
5    (c) "Director" means the Director of the Illinois
6Emergency Management Agency.
7    (d) "Interfere" means to adversely or potentially
8adversely impact the successful completion of an indoor radon
9measurement by changing the radon or radon progeny
10concentrations or altering the performance of measurement
11equipment or an indoor radon mitigation system installation or
12operation.
13    (e) "Laboratory analysis" means the act of analyzing the
14radon or radon progeny concentrations with passive devices, or
15the act of calibrating radon or radon progeny measurement
16devices, or the act of exposing radon or radon progeny devices
17to known concentrations of radon or radon progeny as a
18compensated service.
19    (f) "Mitigation" means the act of repairing or altering a
20building or building design for the purpose in whole or in part
21of reducing the concentration of radon in the indoor
22atmosphere.
23    (g) "Person" means entities, including, but not limited
24to, an individual, company, corporation, firm, group,
25association, partnership, joint venture, trust, or government
26agency or subdivision.

 

 

10300HB2473sam003- 84 -LRB103 28983 AWJ 65309 a

1    (h) "Radon" means a gaseous radioactive decay product of
2uranium or thorium.
3    (i) "Radon contractor" or "contractor" means a person
4licensed to perform radon or radon progeny mitigation or to
5perform measurements of radon or radon progeny in an indoor
6atmosphere.
7    (j) "Radon progeny" means any combination of the
8radioactive decay products of radon.
9(Source: P.A. 94-369, eff. 7-29-05.)
 
10    Section 65. The Laser System Act of 1997 is amended by
11changing Sections 15 and 60 as follows:
 
12    (420 ILCS 56/15)
13    Sec. 15. Definitions. For the purposes of this Act, unless
14the context requires otherwise:
15    "Agency" or "IEMA-OHS" means the Illinois Emergency
16Management Agency and Office of Homeland Security, or its
17successor agency.
18    "Director" means the Director of the Illinois Emergency
19Management Agency.
20    "FDA" means the Food and Drug Administration of the United
21States Department of Health and Human Services.
22    "Laser installation" means a location or facility where
23laser systems are produced, stored, disposed of, or used for
24any purpose. "Laser installation" does not include any private

 

 

10300HB2473sam003- 85 -LRB103 28983 AWJ 65309 a

1residence.
2    "Laser installation operator" means an individual, group
3of individuals, partnership, firm, corporation, association,
4or other entity conducting any business or activity within a
5laser installation.
6    "Laser machine" means a device that is capable of
7producing or projecting laser radiation when associated
8controlled devices are operated.
9    "Laser radiation" means an electromagnetic radiation
10emitted from a laser system and includes all reflected
11radiation, any secondary radiation, or other forms of energy
12resulting from the primary laser beam.
13    "Laser safety officer" means an individual who is
14qualified by training and experience in the evaluation and
15control of laser hazards, as evidenced by satisfaction of the
16training and experience requirements adopted by the Agency
17under subsection (b) of Section 16, and who is designated,
18where required by Sections 16 and 17, by a laser installation
19operator or temporary laser display operator to have the
20authority and responsibility to establish and administer a
21laser radiation protection program for a particular laser
22installation or temporary laser display.
23    "Laser system" means a device, laser projector, laser
24machine, equipment, or other apparatus that applies a source
25of energy to a gas, liquid, crystal, or other solid substances
26or combination thereof in a manner that electromagnetic

 

 

10300HB2473sam003- 86 -LRB103 28983 AWJ 65309 a

1radiations of a relatively uniform wave length are amplified
2and emitted in a cohesive beam capable of transmitting the
3energy developed in a manner that may be harmful to living
4tissues, including, but not limited to, electromagnetic waves
5in the range of visible, infrared, or ultraviolet light. Such
6systems in schools, colleges, occupational schools, and State
7colleges and other State institutions are also included in the
8definition of "laser systems". "Laser system" includes laser
9machines but does not include any device, machine, equipment,
10or other apparatus used in the provision of communications
11through fiber optic cable.
12    "Nuclear facilities" means nuclear power plants,
13facilities housing nuclear test and research reactors,
14facilities for the chemical conversion of uranium, and
15facilities for the storage of spent nuclear fuel or high-level
16radioactive waste.
17    "Nuclear power plant" or "nuclear steam-generating
18facility" means a thermal power plant in which the energy
19(heat) released by the fissioning of nuclear fuel is used to
20boil water to produce steam.
21    "Nuclear power reactor" means an apparatus, other than an
22atomic weapon, designed or used to sustain nuclear fission in
23a self-supporting chain reaction.
24    "Small modular reactor" or "SMR" means an advanced nuclear
25reactor: (1) with a rated nameplate capacity of 300 electrical
26megawatts or less; and (2) that may be constructed and

 

 

10300HB2473sam003- 87 -LRB103 28983 AWJ 65309 a

1operated in combination with similar reactors at a single
2site.
3    "Temporary laser display" means a visual effect display
4created for a limited period of time at a laser installation by
5a laser system that is not a permanent fixture in the laser
6installation for the entertainment of the public or invitees,
7regardless of whether admission is charged or whether the
8laser display takes place indoors or outdoors.
9    "Temporary laser display operator" means an individual,
10group of individuals, partnership, firm, corporation,
11association, or other entity conducting a temporary laser
12display at a laser installation.
13(Source: P.A. 102-558, eff. 8-20-21; 103-277, eff. 7-28-23.)
 
14    (420 ILCS 56/60)
15    Sec. 60. Illinois Administrative Procedure Act. The
16provisions of the Illinois Administrative Procedure Act are
17hereby expressly adopted and shall apply to all administrative
18rules and procedures of the Illinois Emergency Management
19Agency under this Act, except that Section 5 of the Illinois
20Administrative Procedure Act relating to procedures for
21rulemaking does not apply to the adoption of any rule required
22by federal law in connection with which the Agency is
23precluded from exercising any discretion.
24(Source: P.A. 95-777, eff. 8-4-08.)".