Full Text of HB2473 103rd General Assembly
HB2473enr 103RD GENERAL ASSEMBLY | | | HB2473 Enrolled | | LRB103 28983 AMQ 55369 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Nuclear Safety Law of 2004 is amended by | 5 | | changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 40.5, 50, 55, | 6 | | 65, 70, 75, and 85 and by adding Sections 8 and 90 as follows: | 7 | | (20 ILCS 3310/5) | 8 | | Sec. 5. Cross references. The Illinois Emergency | 9 | | Management Agency shall exercise, administer, and enforce all | 10 | | rights, powers, and duties vested in Department of Nuclear | 11 | | Safety by the following named Acts or Sections of those Acts: | 12 | | (1) The Radiation Protection Act of 1990. | 13 | | (2) The Radioactive Waste Storage Act. | 14 | | (3) (Blank). | 15 | | (4) The Laser System Act of 1997. | 16 | | (5) The Illinois Nuclear Safety Preparedness Act. | 17 | | (6) The Radioactive Waste Compact Enforcement Act. | 18 | | (7) Illinois Low-Level Radioactive Waste Management | 19 | | Act. | 20 | | (8) Illinois Nuclear Facility Safety Act. | 21 | | (9) Radioactive Waste Tracking and Permitting Act. | 22 | | (10) Radon Industry Licensing Act. | 23 | | (11) Uranium and Thorium Mill Tailings Control Act. |
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| 1 | | (Source: P.A. 95-331, eff. 8-21-07.) | 2 | | (20 ILCS 3310/8 new) | 3 | | Sec. 8. Definitions. In this Act: | 4 | | "IEMA-OHS" means the Illinois Emergency Management Agency | 5 | | and Office of Homeland Security, or its successor agency. | 6 | | "Director" means the Director of IEMA-OHS. | 7 | | "Nuclear facilities" means nuclear power plants, | 8 | | facilities housing nuclear test and research reactors, | 9 | | facilities for the chemical conversion of uranium, and | 10 | | facilities for the storage of spent nuclear fuel or high-level | 11 | | radioactive waste. | 12 | | "Nuclear power plant" or "nuclear steam-generating | 13 | | facility" means a thermal power plant in which the energy | 14 | | (heat) released by the fissioning of nuclear fuel is used to | 15 | | boil water to produce steam. | 16 | | "Nuclear power reactor" means an apparatus, other than an | 17 | | atomic weapon, designed or used to sustain nuclear fission in | 18 | | a self-supporting chain reaction. | 19 | | "Small modular reactor" or "SMR" means an advanced nuclear | 20 | | reactor: (1) with a rated nameplate capacity of 300 electrical | 21 | | megawatts or less; and (2) that may be constructed and | 22 | | operated in combination with similar reactors at a single | 23 | | site. | 24 | | (20 ILCS 3310/10) |
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| 1 | | Sec. 10. Nuclear and radioactive materials disposal. The | 2 | | Illinois Emergency Management Agency shall formulate a | 3 | | comprehensive plan regarding disposal of nuclear and | 4 | | radioactive materials in this State. The Illinois Emergency | 5 | | Management Agency shall establish minimum standards for | 6 | | disposal sites, shall evaluate and publicize potential effects | 7 | | on the public health and safety, and shall report to the | 8 | | Governor and General Assembly all violations of the adopted | 9 | | standards. In carrying out this function, the Illinois | 10 | | Emergency Management Agency shall work in cooperation with the | 11 | | Radiation Protection Advisory Council. | 12 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 13 | | (20 ILCS 3310/15) | 14 | | Sec. 15. Radiation sources; radioactive waste disposal. | 15 | | The Illinois Emergency Management Agency, instead of the | 16 | | Department of Nuclear Safety, shall register, license, | 17 | | inspect, and control radiation sources, shall purchase, lease, | 18 | | accept, or acquire lands, buildings, and grounds where | 19 | | radioactive wastes can be disposed, and shall supervise and | 20 | | regulate the operation of the disposal sites. | 21 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 22 | | (20 ILCS 3310/20) | 23 | | Sec. 20. Nuclear waste sites. | 24 | | (a) The Illinois Emergency Management Agency shall conduct |
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| 1 | | a survey and prepare and publish a list of sites in the State | 2 | | where nuclear waste has been deposited, treated, or stored. | 3 | | (b) The Illinois Emergency Management Agency shall monitor | 4 | | nuclear waste processing, use, handling, storage, and disposal | 5 | | practices in the State, and shall determine existing and | 6 | | expected rates of production of nuclear wastes. | 7 | | (c) The Illinois Emergency Management Agency shall compile | 8 | | and make available to the public an annual report identifying | 9 | | the type and quantities of nuclear waste generated, stored, | 10 | | treated, or disposed of within this State and containing the | 11 | | other information required to be collected under this Section. | 12 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 13 | | (20 ILCS 3310/25) | 14 | | Sec. 25. Boiler and pressure vessel safety. The Illinois | 15 | | Emergency Management Agency shall exercise, administer, and | 16 | | enforce all of the following rights, powers, and duties: | 17 | | (1) Rights, powers, and duties vested in the | 18 | | Department of Nuclear Safety by the Boiler and Pressure | 19 | | Vessel Safety Act prior to the abolishment of the | 20 | | Department of Nuclear Safety, to the extent the rights, | 21 | | powers, and duties relate to nuclear steam-generating | 22 | | facilities. | 23 | | (2) Rights, powers, and duties relating to nuclear | 24 | | steam-generating facilities vested in the Department of | 25 | | Nuclear Safety by the Boiler and Pressure Vessel Safety |
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| 1 | | Act prior to the abolishment of the Department of Nuclear | 2 | | Safety, which include but are not limited to the | 3 | | formulation of definitions, rules, and regulations for the | 4 | | safe and proper construction, installation, repair, use, | 5 | | and operation of nuclear steam-generating facilities, the | 6 | | adoption of rules for already installed nuclear | 7 | | steam-generating facilities, the adoption of rules for | 8 | | accidents in nuclear steam-generating facilities, the | 9 | | examination for or suspension of inspectors' licenses of | 10 | | the facilities, and the hearing of appeals from decisions | 11 | | relating to the facilities. | 12 | | (3) Rights, powers, and duties relating to nuclear | 13 | | steam-generating facilities, vested in the State Fire | 14 | | Marshal, the Chief Inspector, or the Department of Nuclear | 15 | | Safety prior to its abolishment, by the Boiler and | 16 | | Pressure Vessel Safety Act, which include but are not | 17 | | limited to the employment of inspectors of nuclear | 18 | | steam-generating facilities, issuance or suspension of | 19 | | their commissions, prosecution of the Act or rules | 20 | | promulgated thereunder for violations by nuclear | 21 | | steam-generating facilities, maintenance of inspection | 22 | | records of all the facilities, publication of rules | 23 | | relating to the facilities, having free access to the | 24 | | facilities, issuance of inspection certificates of the | 25 | | facilities, and the furnishing of bonds conditioned upon | 26 | | the faithful performance of their duties. The Director of |
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| 1 | | the Illinois Emergency Management Agency may designate a | 2 | | Chief Inspector, or other inspectors, as he or she deems | 3 | | necessary to perform the functions transferred by this | 4 | | Section. | 5 | | The transfer of rights, powers, and duties specified in | 6 | | paragraphs (1), (2), and (3) is limited to the program | 7 | | transferred by this Act and shall not be deemed to abolish or | 8 | | diminish the exercise of those same rights, powers, and duties | 9 | | by the Office of the State Fire Marshal, the Board of Boiler | 10 | | and Pressure Vessel Rules, the State Fire Marshal, or the | 11 | | Chief Inspector with respect to programs retained by the | 12 | | Office of the State Fire Marshal. | 13 | | (Source: P.A. 95-777, eff. 8-4-08.) | 14 | | (20 ILCS 3310/30) | 15 | | Sec. 30. Powers vested in Environmental Protection Agency. | 16 | | (a) The Illinois Emergency Management Agency shall | 17 | | exercise, administer, and enforce all rights, powers, and | 18 | | duties vested in the Environmental Protection Agency by | 19 | | paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q, | 20 | | and r of Section 4 and by Sections 30 through 45 of the | 21 | | Environmental Protection Act, to the extent that these powers | 22 | | relate to standards of the Pollution Control Board adopted | 23 | | under Section 35 of this Act. The transfer of rights, powers, | 24 | | and duties specified in this Section is limited to the | 25 | | programs transferred by Public Act 81-1516 and this Act and |
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| 1 | | shall not be deemed to abolish or diminish the exercise of | 2 | | those same rights, powers, and duties by the Environmental | 3 | | Protection Agency with respect to programs retained by the | 4 | | Environmental Protection Agency. | 5 | | (b) Notwithstanding provisions in Sections 4 and 17.7 of | 6 | | the Environmental Protection Act, the Environmental Protection | 7 | | Agency is not required to perform analytical services for | 8 | | community water supplies to determine compliance with | 9 | | contaminant levels for radionuclides as specified in State or | 10 | | federal drinking water regulations. | 11 | | (Source: P.A. 99-83, eff. 7-20-15 .) | 12 | | (20 ILCS 3310/35) | 13 | | Sec. 35. Pollution Control Board regulations concerning | 14 | | nuclear plants. The Illinois Emergency Management Agency shall | 15 | | enforce the regulations promulgated by the Pollution Control | 16 | | Board under Section 25b of the Environmental Protection Act. | 17 | | Under these regulations the Illinois Emergency Management | 18 | | Agency shall require that a person, corporation, or public | 19 | | authority intending to construct a nuclear steam-generating | 20 | | facility or a nuclear fuel reprocessing plant file with the | 21 | | Illinois Emergency Management Agency an environmental | 22 | | feasibility report that incorporates the data provided in the | 23 | | preliminary safety analysis required to be filed with the | 24 | | United States Nuclear Regulatory Commission. | 25 | | (Source: P.A. 93-1029, eff. 8-25-04.) |
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| 1 | | (20 ILCS 3310/40) | 2 | | Sec. 40. Regulation of nuclear safety. | 3 | | (a) The Illinois Emergency Management Agency shall have | 4 | | primary responsibility for the coordination and oversight of | 5 | | all State governmental functions concerning the regulation of | 6 | | nuclear power, including low level waste management, | 7 | | environmental monitoring, environmental radiochemical | 8 | | analysis, and transportation of nuclear waste. Functions | 9 | | performed by the Illinois State Police and the Department of | 10 | | Transportation in the area of nuclear safety, on the effective | 11 | | date of this Act, may continue to be performed by these | 12 | | agencies but under the direction of the Illinois Emergency | 13 | | Management Agency. All other governmental functions regulating | 14 | | nuclear safety shall be coordinated by the Illinois Emergency | 15 | | Management Agency. | 16 | | (b) IEMA-OHS, in consultation with the Illinois | 17 | | Environmental Protection Agency, shall adopt rules for the | 18 | | regulation of small modular reactors. The rules shall be | 19 | | adopted by January 1, 2026 and shall include criteria for | 20 | | decommissioning, environmental monitoring, and emergency | 21 | | preparedness. The rules shall include a fee structure to cover | 22 | | IEMA-OHS costs for regulation and inspection. The fee | 23 | | structure may include fees to cover costs of local government | 24 | | emergency response preparedness through grants administered by | 25 | | IEMA-OHS. None of the rules developed by the Illinois |
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| 1 | | Emergency Management Agency and Office of Homeland Security or | 2 | | any other State agency, board, or commission pursuant to this | 3 | | Act shall be construed to supersede the authority of the U.S. | 4 | | Nuclear Regulatory Commission. The changes made by this | 5 | | amendatory Act of the 103rd General Assembly shall not apply | 6 | | to the uprate, renewal, or subsequent renewal of any license | 7 | | for an existing nuclear power reactor that began operation | 8 | | prior to the effective date of this amendatory Act of the 103rd | 9 | | General Assembly. Any fees collected under this subsection | 10 | | shall be deposited into the Nuclear Safety Emergency | 11 | | Preparedness Fund created pursuant to Section 7 of the | 12 | | Illinois Nuclear Safety Preparedness Act. | 13 | | (c) Consistent with federal law and policy statements of | 14 | | and cooperative agreements with the U.S. Nuclear Regulatory | 15 | | Commission with respect to State participation in health and | 16 | | safety regulation of nuclear facilities, and in recognition of | 17 | | the role provided for the states by such laws, policy | 18 | | statements, and cooperative agreements, IEMA-OHS may develop | 19 | | and implement a program for inspections of small modular | 20 | | reactors, both operational and non-operational. The owner of | 21 | | each small modular reactor shall allow access to IEMA-OHS | 22 | | inspectors of all premises and records of the small modular | 23 | | reactor. The IEMA-OHS inspectors shall operate in accordance | 24 | | with any cooperative agreements executed between IEMA-OHS and | 25 | | the U.S. Nuclear Regulatory Commission. The IEMA-OHS | 26 | | inspectors shall operate in accordance with the security plan |
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| 1 | | for the small modular reactor. IEMA-OHS programs and | 2 | | activities under this Section shall not be inconsistent with | 3 | | federal law. | 4 | | (d) IEMA-OHS shall be authorized to conduct activities | 5 | | specified in Section 8 of the Illinois Nuclear Safety | 6 | | Preparedness Act in regard to small modular reactors. | 7 | | (Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21; | 8 | | 102-813, eff. 5-13-22.) | 9 | | (20 ILCS 3310/40.5) | 10 | | Sec. 40.5. Radiochemistry laboratory program. The Illinois | 11 | | Emergency Management Agency shall implement a comprehensive | 12 | | radiochemistry laboratory program. The Director of the | 13 | | Illinois Emergency Management Agency , in accordance with the | 14 | | Personnel Code, shall employ and direct such personnel, and | 15 | | shall provide for such laboratory and other facilities, as may | 16 | | be necessary to carry out the purposes of this Act and the Acts | 17 | | referenced in Section 5. | 18 | | (Source: P.A. 102-133, eff. 7-23-21.) | 19 | | (20 ILCS 3310/50) | 20 | | Sec. 50. Personnel transferred. Personnel previously | 21 | | assigned to the programs transferred from the Department of | 22 | | Nuclear Safety are hereby transferred to the Illinois | 23 | | Emergency Management Agency (now the Illinois Emergency | 24 | | Management Agency and Office of Homeland Security) . The rights |
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| 1 | | of the employees, the State, and executive agencies under the | 2 | | Personnel Code, any collective bargaining agreement, or any | 3 | | pension, retirement, or annuity plan shall not be affected by | 4 | | this Act. | 5 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 6 | | (20 ILCS 3310/55) | 7 | | Sec. 55. Records and property transferred. All books, | 8 | | records, papers, documents, property (real or personal), | 9 | | unexpended appropriations, and pending business in any way | 10 | | pertaining to the rights, powers, and duties transferred by | 11 | | this Act shall be delivered and transferred to the Illinois | 12 | | Emergency Management Agency (now the Illinois Emergency | 13 | | Management Agency and Office of Homeland Security) . | 14 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 15 | | (20 ILCS 3310/65) | 16 | | Sec. 65. Nuclear accident plan. The Illinois Emergency | 17 | | Management Agency shall have primary responsibility to | 18 | | formulate a comprehensive emergency preparedness and response | 19 | | plan for any nuclear accident. The Illinois Emergency | 20 | | Management Agency shall also train and maintain an emergency | 21 | | response team. | 22 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 23 | | (20 ILCS 3310/70) |
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| 1 | | Sec. 70. Nuclear and radioactive materials transportation | 2 | | plan. The Illinois Emergency Management Agency shall formulate | 3 | | a comprehensive plan regarding the transportation of nuclear | 4 | | and radioactive materials in Illinois. The Illinois Emergency | 5 | | Management Agency shall have primary responsibility for all | 6 | | State governmental regulation of the transportation of nuclear | 7 | | and radioactive materials, insofar as the regulation pertains | 8 | | to the public health and safety. This responsibility shall | 9 | | include but not be limited to the authority to oversee and | 10 | | coordinate regulatory functions performed by the Department of | 11 | | Transportation, the Illinois State Police, and the Illinois | 12 | | Commerce Commission. | 13 | | (Source: P.A. 102-538, eff. 8-20-21.) | 14 | | (20 ILCS 3310/75) | 15 | | Sec. 75. State nuclear power policy. Subject to | 16 | | appropriation, the Illinois Emergency Management Agency, in | 17 | | cooperation with the Department of Natural Resources, shall | 18 | | study (i) the impact and cost of nuclear power and compare | 19 | | these to the impact and cost of alternative sources of energy, | 20 | | (ii) the potential effects on the public health and safety of | 21 | | all radioactive emissions from nuclear power plants, and (iii) | 22 | | all other factors that bear on the use of nuclear power or on | 23 | | nuclear safety. The Illinois Emergency Management Agency shall | 24 | | formulate a general nuclear policy for the State based on the | 25 | | findings of the study. The policy shall include but not be |
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| 1 | | limited to the feasibility of continued use of nuclear power, | 2 | | effects of the use of nuclear power on the public health and | 3 | | safety, minimum acceptable standards for the location of any | 4 | | future nuclear power plants, and rules and regulations for the | 5 | | reporting by public utilities of radioactive emissions from | 6 | | power plants. The Illinois Emergency Management Agency shall | 7 | | establish a reliable system for communication between the | 8 | | public and the Illinois Emergency Management Agency and for | 9 | | dissemination of information by the Illinois Emergency | 10 | | Management Agency. The Illinois Emergency Management Agency | 11 | | shall publicize the findings of all studies and make the | 12 | | publications reasonably available to the public. | 13 | | (Source: P.A. 101-149, eff. 7-26-19.) | 14 | | (20 ILCS 3310/85) | 15 | | Sec. 85. Saving clause. | 16 | | (a) The rights, powers and duties transferred to the | 17 | | Illinois Emergency Management Agency (now the Illinois | 18 | | Emergency Management Agency and Office of Homeland Security) | 19 | | by this Act shall be vested in and shall be exercised by the | 20 | | Illinois Emergency Management Agency (now the Illinois | 21 | | Emergency Management Agency and Office of Homeland Security) . | 22 | | Each act done in exercise of such rights, powers, and duties | 23 | | shall have the same legal effect as if done by the Department | 24 | | of Nuclear Safety, its divisions, officers, or employees. | 25 | | (b) Every person or corporation shall be subject to the |
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| 1 | | same obligations and duties and any penalties, civil or | 2 | | criminal, arising therefrom, and shall have the same rights | 3 | | arising from the exercise of such powers, duties, rights and | 4 | | responsibilities as had been exercised by the Department of | 5 | | Nuclear Safety, its divisions, officers or employees. | 6 | | (c) Every officer of the Illinois Emergency Management | 7 | | Agency and Office of Homeland Security shall, for any offense, | 8 | | be subject to the same penalty or penalties, civil or | 9 | | criminal, as are prescribed by existing law for the same | 10 | | offense by any officer whose powers or duties were transferred | 11 | | under this Act. | 12 | | (d) Whenever reports or notices are now required to be | 13 | | made or given or papers or documents furnished or served by any | 14 | | person to or upon the agencies and officers transferred by | 15 | | this Act, the same shall be made, given, furnished, or served | 16 | | in the same manner to or upon the Illinois Emergency | 17 | | Management Agency (now the Illinois Emergency Management | 18 | | Agency and Office of Homeland Security) . | 19 | | (e) This Act shall not affect any act done, ratified, or | 20 | | canceled or any right occurring or established or any action | 21 | | or proceeding had or commenced in an administrative, civil, or | 22 | | criminal cause regarding the Department of Nuclear Safety | 23 | | before this Act takes effect, but such actions or proceedings | 24 | | may be prosecuted and continued by the Illinois Emergency | 25 | | Management Agency (now the Illinois Emergency Management | 26 | | Agency and Office of Homeland Security) . |
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| 1 | | (f) Any rules of the Department of Nuclear Safety that are | 2 | | in full force on the effective date of this Act and that have | 3 | | been duly adopted by the Illinois Emergency Management Agency | 4 | | (now the Illinois Emergency Management Agency and Office of | 5 | | Homeland Security) shall become the rules of the Illinois | 6 | | Emergency Management Agency (now the Illinois Emergency | 7 | | Management Agency and Office of Homeland Security) . This Act | 8 | | shall not affect the legality of any such rules in the Illinois | 9 | | Administrative Code. Any proposed rules filed with the | 10 | | Secretary of State by the Department of Nuclear Safety that | 11 | | are pending in the rulemaking process on the effective date of | 12 | | this Act, shall be deemed to have been filed by the Illinois | 13 | | Emergency Management Agency (now the Illinois Emergency | 14 | | Management Agency and Office of Homeland Security) . As soon as | 15 | | practicable hereafter, the Illinois Emergency Management | 16 | | Agency (now the Illinois Emergency Management Agency and | 17 | | Office of Homeland Security) shall revise and clarify the | 18 | | rules transferred to it under this Act to reflect the | 19 | | reorganization of rights, powers, and duties effected by this | 20 | | Act using the procedures for recodification of rules available | 21 | | under the Illinois Administrative Procedure Act, except that | 22 | | existing title, part, and section numbering for the affected | 23 | | rules may be retained. The Illinois Emergency Management | 24 | | Agency and Office of Homeland Security may propose and adopt | 25 | | under the Illinois Administrative Procedure Act such other | 26 | | rules of the reorganized agencies that will now be |
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| 1 | | administered by the Illinois Emergency Management Agency and | 2 | | Office of Homeland Security . | 3 | | (g) If any provision of this Act or its application to any | 4 | | person or circumstances is held invalid by any court of | 5 | | competent jurisdiction, this invalidity does not affect any | 6 | | other provision or application. To achieve this purpose, the | 7 | | provisions of this Act are declared to be severable. | 8 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 9 | | (20 ILCS 3310/90 new) | 10 | | Sec. 90. Small modular reactor study. | 11 | | (a) The Governor may commission a study on the potential | 12 | | for development of small modular reactors in this State. No | 13 | | later than January 1, 2025, subject to appropriation, the | 14 | | Governor is authorized to commission a study, led by the | 15 | | Illinois Emergency Management Agency and Office of Homeland | 16 | | Security, to research the State's role in guiding the | 17 | | development of small modular reactors. | 18 | | IEMA-OHS shall publish a draft of the study for a 30-day | 19 | | public comment period. After the conclusion of the public | 20 | | comment period, IEMA-OHS shall finalize the study, post a | 21 | | publicly available copy on its website, and submit a copy to | 22 | | the General Assembly. | 23 | | (b) The study shall include, at a minimum, the following: | 24 | | (1) a review of the current state of small modular | 25 | | reactor technologies and the characteristics of nuclear |
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| 1 | | reactor technologies currently under research and | 2 | | development and expected to enter the market by 2040; | 3 | | (2) a review of the following federal regulatory and | 4 | | permitting issues concerning small modular reactors: | 5 | | (A) current and proposed permitting and approval | 6 | | processes for small modular reactors conducted by | 7 | | federal agencies, including, but not limited to, the | 8 | | Nuclear Regulatory Commission, the Federal Emergency | 9 | | Management Agency, and the United States Environmental | 10 | | Protection Agency; | 11 | | (B) the projected timeline of such federal | 12 | | permitting and approval processes; | 13 | | (C) federal regulation of small modular reactors | 14 | | over the life of those facilities; and | 15 | | (D) federal regulation of the storage and disposal | 16 | | of wastes generated by those facilities; | 17 | | (3) a review of the following State and local | 18 | | regulatory and permitting issues concerning small modular | 19 | | reactors and other sources of electricity generation: | 20 | | (A) current and proposed State and local | 21 | | permitting and approval processes for small modular | 22 | | reactors and other sources of electricity generation, | 23 | | as applicable; | 24 | | (B) State and local regulation of small modular | 25 | | reactors and other sources of electricity generation | 26 | | over the life of those facilities; and |
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| 1 | | (C) State and local regulation of the storage and | 2 | | disposal of wastes generated by those facilities; | 3 | | (4) a review of the following small modular reactor | 4 | | regulatory and permitting issues in other state and local | 5 | | jurisdictions; | 6 | | (A) current and proposed State and local | 7 | | permitting and approval processes for small modular | 8 | | reactors in other state and local jurisdictions; | 9 | | (B) regulation by other state and local | 10 | | jurisdictions of small modular reactors over the life | 11 | | of those facilities; and | 12 | | (C) regulation by other state and local | 13 | | jurisdictions of the storage and disposal of wastes | 14 | | generated by those facilities; | 15 | | (5) a risk analysis of the potential impacts to the | 16 | | health and well-being of the people of the State, | 17 | | including benefits from the reduction in carbon emissions, | 18 | | associated with the development of small modular reactors; | 19 | | (6) an analysis on the impact the deployment of small | 20 | | modular reactors will have on resource adequacy in | 21 | | Illinois regional power grids and on the costs to | 22 | | electricity consumers; and | 23 | | (7) an analysis of potential water sources for use by | 24 | | small modular reactors and whether such usage would | 25 | | jeopardize public consumption, future supply, or natural | 26 | | conditions of such water source. |
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| 1 | | (c) This Section is repealed on January 1, 2027. | 2 | | Section 10. The Radioactive Waste Compact Enforcement Act | 3 | | is amended by changing Sections 15 and 25 as follows: | 4 | | (45 ILCS 141/15) | 5 | | Sec. 15. Definitions. In this Act: | 6 | | "IEMA-OHS" means the Illinois Emergency Management Agency | 7 | | and Office of Homeland Security, or its successor agency. | 8 | | "Commission" means the Central Midwest Interstate | 9 | | Low-Level Radioactive Waste Commission. | 10 | | "Compact" means the Central Midwest Interstate Low-Level | 11 | | Radioactive Waste Compact. | 12 | | "Director" means the Director of IEMA-OHS. | 13 | | "Disposal" means the isolation of waste from the biosphere | 14 | | in a permanent facility designed for that purpose. | 15 | | "Facility" means a parcel of land or site, together with | 16 | | the structures, equipment, and improvements on or appurtenant | 17 | | to the land or site, that is used or is being developed for the | 18 | | treatment, storage or disposal of low-level radioactive waste. | 19 | | "Low-level radioactive waste" or "waste" means radioactive | 20 | | waste not classified as (1) high-level radioactive waste, (2) | 21 | | transuranic waste, (3) spent nuclear fuel, or (4) byproduct | 22 | | material as defined in Sections 11e(2), 11e(3), and 11e(4) of | 23 | | the Atomic Energy Act (42 U.S.C. 2014). This definition shall | 24 | | apply notwithstanding any declaration by the federal |
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| 1 | | government, a state, or any regulatory agency that any | 2 | | radioactive material is exempt from any regulatory control. | 3 | | "Management plan" means the plan adopted by the Commission | 4 | | for the storage, transportation, treatment and disposal of | 5 | | waste within the region. | 6 | | "Nuclear facilities" means nuclear power plants, | 7 | | facilities housing nuclear test and research reactors, | 8 | | facilities for the chemical conversion of uranium, and | 9 | | facilities for the storage of spent nuclear fuel or high-level | 10 | | radioactive waste. | 11 | | "Nuclear power plant" or "nuclear steam-generating | 12 | | facility" means a thermal power plant in which the energy | 13 | | (heat) released by the fissioning of nuclear fuel is used to | 14 | | boil water to produce steam. | 15 | | "Nuclear power reactor" means an apparatus, other than an | 16 | | atomic weapon, designed or used to sustain nuclear fission in | 17 | | a self-supporting chain reaction. | 18 | | "Person" means any individual, corporation, business | 19 | | enterprise or other legal entity, public or private, and any | 20 | | legal successor, representative, agent or agency of that | 21 | | individual, corporation, business enterprise, or legal entity. | 22 | | "Region" means the geographical area of the State of | 23 | | Illinois and the Commonwealth of Kentucky. | 24 | | "Regional Facility" means any facility as defined in this | 25 | | Act that is (1) located in Illinois, and (2) established by | 26 | | Illinois pursuant to designation of Illinois as a host state |
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| 1 | | by the Commission. | 2 | | "Small modular reactor" or "SMR" means an advanced nuclear | 3 | | reactor: (1) with a rated nameplate capacity of 300 electrical | 4 | | megawatts or less; and (2) that may be constructed and | 5 | | operated in combination with similar reactors at a single | 6 | | site. | 7 | | "Storage" means the temporary holding of radioactive | 8 | | material for treatment or disposal. | 9 | | "Treatment" means any method, technique or process, | 10 | | including storage for radioactive decay, designed to change | 11 | | the physical, chemical, or biological characteristics of the | 12 | | radioactive material in order to render the radioactive | 13 | | material safe for transport or management, amenable to | 14 | | recovery, convertible to another usable material, or reduced | 15 | | in volume. | 16 | | (Source: P.A. 103-306, eff. 7-28-23.) | 17 | | (45 ILCS 141/25) | 18 | | Sec. 25. Enforcement. | 19 | | (a) The Illinois Emergency Management Agency ( Agency ) | 20 | | shall adopt regulations to administer and enforce the | 21 | | provisions of this Act. The regulations shall be adopted with | 22 | | the consultation and cooperation of the Commission. | 23 | | Regulations adopted by the Agency under this Act shall | 24 | | prohibit the shipment into or acceptance of waste in Illinois | 25 | | if the shipment or acceptance would result in a violation of |
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| 1 | | any provision of the Compact or this Act. | 2 | | (b) The Agency may, by regulation, impose conditions on | 3 | | the shipment into or acceptance of waste in Illinois that the | 4 | | Agency determines to be reasonable and necessary to enforce | 5 | | the provisions of this Act. The conditions may include, but | 6 | | are not limited to (i) requiring prior notification of any | 7 | | proposed shipment or receipt of waste; (ii) requiring the | 8 | | shipper or recipient to identify the location to which the | 9 | | waste will be sent for disposal following treatment or storage | 10 | | in Illinois; (iii) limiting the time that waste from outside | 11 | | Illinois may be held in Illinois; (iv) requiring the shipper | 12 | | or recipient to post bond or by other mechanism to assure that | 13 | | radioactive material will not be treated, stored, or disposed | 14 | | of in Illinois in violation of any provision of this Act; (v) | 15 | | requiring that the shipper consent to service of process | 16 | | before shipment of waste into Illinois. | 17 | | (c) The Agency shall, by regulation, impose a system of | 18 | | civil penalties in accordance with the provisions of this Act. | 19 | | Amounts recovered under these regulations shall be deposited | 20 | | in the Low-Level Radioactive Waste Facility Development and | 21 | | Operation Fund. | 22 | | (d) The regulations adopted by the Agency may provide for | 23 | | the granting of exemptions, but only upon a showing by the | 24 | | applicant that the granting of an exemption would be | 25 | | consistent with the Compact. | 26 | | (Source: P.A. 95-777, eff. 8-4-08.) |
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| 1 | | Section 15. The Public Utilities Act is amended by | 2 | | changing Section 8-406 as follows: | 3 | | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) | 4 | | Sec. 8-406. Certificate of public convenience and | 5 | | necessity. | 6 | | (a) No public utility not owning any city or village | 7 | | franchise nor engaged in performing any public service or in | 8 | | furnishing any product or commodity within this State as of | 9 | | July 1, 1921 and not possessing a certificate of public | 10 | | convenience and necessity from the Illinois Commerce | 11 | | Commission, the State Public Utilities Commission, or the | 12 | | Public Utilities Commission, at the time Public Act 84-617 | 13 | | goes into effect (January 1, 1986), shall transact any | 14 | | business in this State until it shall have obtained a | 15 | | certificate from the Commission that public convenience and | 16 | | necessity require the transaction of such business. A | 17 | | certificate of public convenience and necessity requiring the | 18 | | transaction of public utility business in any area of this | 19 | | State shall include authorization to the public utility | 20 | | receiving the certificate of public convenience and necessity | 21 | | to construct such plant, equipment, property, or facility as | 22 | | is provided for under the terms and conditions of its tariff | 23 | | and as is necessary to provide utility service and carry out | 24 | | the transaction of public utility business by the public |
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| 1 | | utility in the designated area. | 2 | | (b) No public utility shall begin the construction of any | 3 | | new plant, equipment, property, or facility which is not in | 4 | | substitution of any existing plant, equipment, property, or | 5 | | facility, or any extension or alteration thereof or in | 6 | | addition thereto, unless and until it shall have obtained from | 7 | | the Commission a certificate that public convenience and | 8 | | necessity require such construction. Whenever after a hearing | 9 | | the Commission determines that any new construction or the | 10 | | transaction of any business by a public utility will promote | 11 | | the public convenience and is necessary thereto, it shall have | 12 | | the power to issue certificates of public convenience and | 13 | | necessity. The Commission shall determine that proposed | 14 | | construction will promote the public convenience and necessity | 15 | | only if the utility demonstrates: (1) that the proposed | 16 | | construction is necessary to provide adequate, reliable, and | 17 | | efficient service to its customers and is the least-cost means | 18 | | of satisfying the service needs of its customers or that the | 19 | | proposed construction will promote the development of an | 20 | | effectively competitive electricity market that operates | 21 | | efficiently, is equitable to all customers, and is the least | 22 | | cost means of satisfying those objectives; (2) that the | 23 | | utility is capable of efficiently managing and supervising the | 24 | | construction process and has taken sufficient action to ensure | 25 | | adequate and efficient construction and supervision thereof; | 26 | | and (3) that the utility is capable of financing the proposed |
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| 1 | | construction without significant adverse financial | 2 | | consequences for the utility or its customers. | 3 | | (b-5) As used in this subsection (b-5): | 4 | | "Qualifying direct current applicant" means an entity that | 5 | | seeks to provide direct current bulk transmission service for | 6 | | the purpose of transporting electric energy in interstate | 7 | | commerce. | 8 | | "Qualifying direct current project" means a high voltage | 9 | | direct current electric service line that crosses at least one | 10 | | Illinois border, the Illinois portion of which is physically | 11 | | located within the region of the Midcontinent Independent | 12 | | System Operator, Inc., or its successor organization, and runs | 13 | | through the counties of Pike, Scott, Greene, Macoupin, | 14 | | Montgomery, Christian, Shelby, Cumberland, and Clark, is | 15 | | capable of transmitting electricity at voltages of 345 | 16 | | kilovolts or above, and may also include associated | 17 | | interconnected alternating current interconnection facilities | 18 | | in this State that are part of the proposed project and | 19 | | reasonably necessary to connect the project with other | 20 | | portions of the grid. | 21 | | Notwithstanding any other provision of this Act, a | 22 | | qualifying direct current applicant that does not own, | 23 | | control, operate, or manage, within this State, any plant, | 24 | | equipment, or property used or to be used for the transmission | 25 | | of electricity at the time of its application or of the | 26 | | Commission's order may file an application on or before |
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| 1 | | December 31, 2023 with the Commission pursuant to this Section | 2 | | or Section 8-406.1 for, and the Commission may grant, a | 3 | | certificate of public convenience and necessity to construct, | 4 | | operate, and maintain a qualifying direct current project. The | 5 | | qualifying direct current applicant may also include in the | 6 | | application requests for authority under Section 8-503. The | 7 | | Commission shall grant the application for a certificate of | 8 | | public convenience and necessity and requests for authority | 9 | | under Section 8-503 if it finds that the qualifying direct | 10 | | current applicant and the proposed qualifying direct current | 11 | | project satisfy the requirements of this subsection and | 12 | | otherwise satisfy the criteria of this Section or Section | 13 | | 8-406.1 and the criteria of Section 8-503, as applicable to | 14 | | the application and to the extent such criteria are not | 15 | | superseded by the provisions of this subsection. The | 16 | | Commission's order on the application for the certificate of | 17 | | public convenience and necessity shall also include the | 18 | | Commission's findings and determinations on the request or | 19 | | requests for authority pursuant to Section 8-503. Prior to | 20 | | filing its application under either this Section or Section | 21 | | 8-406.1, the qualifying direct current applicant shall conduct | 22 | | 3 public meetings in accordance with subsection (h) of this | 23 | | Section. If the qualifying direct current applicant | 24 | | demonstrates in its application that the proposed qualifying | 25 | | direct current project is designed to deliver electricity to a | 26 | | point or points on the electric transmission grid in either or |
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| 1 | | both the PJM Interconnection, LLC or the Midcontinent | 2 | | Independent System Operator, Inc., or their respective | 3 | | successor organizations, the proposed qualifying direct | 4 | | current project shall be deemed to be, and the Commission | 5 | | shall find it to be, for public use. If the qualifying direct | 6 | | current applicant further demonstrates in its application that | 7 | | the proposed transmission project has a capacity of 1,000 | 8 | | megawatts or larger and a voltage level of 345 kilovolts or | 9 | | greater, the proposed transmission project shall be deemed to | 10 | | satisfy, and the Commission shall find that it satisfies, the | 11 | | criteria stated in item (1) of subsection (b) of this Section | 12 | | or in paragraph (1) of subsection (f) of Section 8-406.1, as | 13 | | applicable to the application, without the taking of | 14 | | additional evidence on these criteria. Prior to the transfer | 15 | | of functional control of any transmission assets to a regional | 16 | | transmission organization, a qualifying direct current | 17 | | applicant shall request Commission approval to join a regional | 18 | | transmission organization in an application filed pursuant to | 19 | | this subsection (b-5) or separately pursuant to Section 7-102 | 20 | | of this Act. The Commission may grant permission to a | 21 | | qualifying direct current applicant to join a regional | 22 | | transmission organization if it finds that the membership, and | 23 | | associated transfer of functional control of transmission | 24 | | assets, benefits Illinois customers in light of the attendant | 25 | | costs and is otherwise in the public interest. Nothing in this | 26 | | subsection (b-5) requires a qualifying direct current |
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| 1 | | applicant to join a regional transmission organization. | 2 | | Nothing in this subsection (b-5) requires the owner or | 3 | | operator of a high voltage direct current transmission line | 4 | | that is not a qualifying direct current project to obtain a | 5 | | certificate of public convenience and necessity to the extent | 6 | | it is not otherwise required by this Section 8-406 or any other | 7 | | provision of this Act. | 8 | | (c) As used in this subsection (c): | 9 | | "Decommissioning" has the meaning given to that term in | 10 | | subsection (a) of Section 8-508.1. | 11 | | "Nuclear power reactor" has the meaning given to that term | 12 | | in Section 8 of the Nuclear Safety Law of 2004. | 13 | | After the effective date of this amendatory Act of the | 14 | | 103rd General Assembly September 11, 1987 (the effective date | 15 | | of Public Act 85-377) , no construction shall commence on any | 16 | | new nuclear power reactor with a nameplate capacity of more | 17 | | than 300 megawatts of electricity plant to be located within | 18 | | this State, and no certificate of public convenience and | 19 | | necessity or other authorization shall be issued therefor by | 20 | | the Commission, until the Illinois Emergency Management Agency | 21 | | and Office of Homeland Security, in consultation with Director | 22 | | of the Illinois Environmental Protection Agency and the | 23 | | Illinois Department of Natural Resources, finds that the | 24 | | United States Government, through its authorized agency, has | 25 | | identified and approved a demonstrable technology or means for | 26 | | the disposal of high level nuclear waste, or until such |
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| 1 | | construction has been specifically approved by a statute | 2 | | enacted by the General Assembly. Beginning January 1, 2026, | 3 | | construction may commence on a new nuclear power reactor with | 4 | | a nameplate capacity of 300 megawatts of electricity or less | 5 | | within this State if the entity constructing the new nuclear | 6 | | power reactor has obtained all permits, licenses, permissions, | 7 | | or approvals governing the construction, operation, and | 8 | | funding of decommissioning of such nuclear power reactors | 9 | | required by: (1) this Act; (2) any rules adopted by the | 10 | | Illinois Emergency Management Agency and Office of Homeland | 11 | | Security under the authority of this Act; (3) any applicable | 12 | | federal statutes, including, but not limited to, the Atomic | 13 | | Energy Act of 1954, the Energy Reorganization Act of 1974, the | 14 | | Low-Level Radioactive Waste Policy Amendments Act of 1985, and | 15 | | the Energy Policy Act of 1992; (4) any regulations promulgated | 16 | | or enforced by the U.S. Nuclear Regulatory Commission, | 17 | | including, but not limited to, those codified at Title X, | 18 | | Parts 20, 30, 40, 50, 70, and 72 of the Code of Federal | 19 | | Regulations, as from time to time amended; and (5) any other | 20 | | federal or State statute, rule, or regulation governing the | 21 | | permitting, licensing, operation, or decommissioning of such | 22 | | nuclear power reactors. None of the rules developed by the | 23 | | Illinois Emergency Management Agency and Office of Homeland | 24 | | Security or any other State agency, board, or commission | 25 | | pursuant to this Act shall be construed to supersede the | 26 | | authority of the U.S. Nuclear Regulatory Commission. The |
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| 1 | | changes made by this amendatory Act of the 103rd General | 2 | | Assembly shall not apply to the uprate, renewal, or subsequent | 3 | | renewal of any license for an existing nuclear power reactor | 4 | | that began operation prior to the effective date of this | 5 | | amendatory Act of the 103rd General Assembly. | 6 | | None of the changes made in this amendatory Act of the | 7 | | 103rd General Assembly are intended to authorize the | 8 | | construction of nuclear power plants powered by nuclear power | 9 | | reactors that are not either: (1) small modular nuclear | 10 | | reactors; or (2) nuclear power reactors licensed by the U.S. | 11 | | Nuclear Regulatory Commission to operate in this State prior | 12 | | to the effective date of this amendatory Act of the 103rd | 13 | | General Assembly. | 14 | | As used in this Section, "high level nuclear waste" means | 15 | | those aqueous wastes resulting from the operation of the first | 16 | | cycle of the solvent extraction system or equivalent and the | 17 | | concentrated wastes of the subsequent extraction cycles or | 18 | | equivalent in a facility for reprocessing irradiated reactor | 19 | | fuel and shall include spent fuel assemblies prior to fuel | 20 | | reprocessing. | 21 | | (d) In making its determination under subsection (b) of | 22 | | this Section, the Commission shall attach primary weight to | 23 | | the cost or cost savings to the customers of the utility. The | 24 | | Commission may consider any or all factors which will or may | 25 | | affect such cost or cost savings, including the public | 26 | | utility's engineering judgment regarding the materials used |
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| 1 | | for construction. | 2 | | (e) The Commission may issue a temporary certificate which | 3 | | shall remain in force not to exceed one year in cases of | 4 | | emergency, to assure maintenance of adequate service or to | 5 | | serve particular customers, without notice or hearing, pending | 6 | | the determination of an application for a certificate, and may | 7 | | by regulation exempt from the requirements of this Section | 8 | | temporary acts or operations for which the issuance of a | 9 | | certificate will not be required in the public interest. | 10 | | A public utility shall not be required to obtain but may | 11 | | apply for and obtain a certificate of public convenience and | 12 | | necessity pursuant to this Section with respect to any matter | 13 | | as to which it has received the authorization or order of the | 14 | | Commission under the Electric Supplier Act, and any such | 15 | | authorization or order granted a public utility by the | 16 | | Commission under that Act shall as between public utilities be | 17 | | deemed to be, and shall have except as provided in that Act the | 18 | | same force and effect as, a certificate of public convenience | 19 | | and necessity issued pursuant to this Section. | 20 | | No electric cooperative shall be made or shall become a | 21 | | party to or shall be entitled to be heard or to otherwise | 22 | | appear or participate in any proceeding initiated under this | 23 | | Section for authorization of power plant construction and as | 24 | | to matters as to which a remedy is available under the Electric | 25 | | Supplier Act. | 26 | | (f) Such certificates may be altered or modified by the |
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| 1 | | Commission, upon its own motion or upon application by the | 2 | | person or corporation affected. Unless exercised within a | 3 | | period of 2 years from the grant thereof, authority conferred | 4 | | by a certificate of convenience and necessity issued by the | 5 | | Commission shall be null and void. | 6 | | No certificate of public convenience and necessity shall | 7 | | be construed as granting a monopoly or an exclusive privilege, | 8 | | immunity or franchise. | 9 | | (g) A public utility that undertakes any of the actions | 10 | | described in items (1) through (3) of this subsection (g) or | 11 | | that has obtained approval pursuant to Section 8-406.1 of this | 12 | | Act shall not be required to comply with the requirements of | 13 | | this Section to the extent such requirements otherwise would | 14 | | apply. For purposes of this Section and Section 8-406.1 of | 15 | | this Act, "high voltage electric service line" means an | 16 | | electric line having a design voltage of 100,000 or more. For | 17 | | purposes of this subsection (g), a public utility may do any of | 18 | | the following: | 19 | | (1) replace or upgrade any existing high voltage | 20 | | electric service line and related facilities, | 21 | | notwithstanding its length; | 22 | | (2) relocate any existing high voltage electric | 23 | | service line and related facilities, notwithstanding its | 24 | | length, to accommodate construction or expansion of a | 25 | | roadway or other transportation infrastructure; or | 26 | | (3) construct a high voltage electric service line and |
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| 1 | | related facilities that is constructed solely to serve a | 2 | | single customer's premises or to provide a generator | 3 | | interconnection to the public utility's transmission | 4 | | system and that will pass under or over the premises owned | 5 | | by the customer or generator to be served or under or over | 6 | | premises for which the customer or generator has secured | 7 | | the necessary right of way. | 8 | | (h) A public utility seeking to construct a high-voltage | 9 | | electric service line and related facilities (Project) must | 10 | | show that the utility has held a minimum of 2 pre-filing public | 11 | | meetings to receive public comment concerning the Project in | 12 | | each county where the Project is to be located, no earlier than | 13 | | 6 months prior to filing an application for a certificate of | 14 | | public convenience and necessity from the Commission. Notice | 15 | | of the public meeting shall be published in a newspaper of | 16 | | general circulation within the affected county once a week for | 17 | | 3 consecutive weeks, beginning no earlier than one month prior | 18 | | to the first public meeting. If the Project traverses 2 | 19 | | contiguous counties and where in one county the transmission | 20 | | line mileage and number of landowners over whose property the | 21 | | proposed route traverses is one-fifth or less of the | 22 | | transmission line mileage and number of such landowners of the | 23 | | other county, then the utility may combine the 2 pre-filing | 24 | | meetings in the county with the greater transmission line | 25 | | mileage and affected landowners. All other requirements | 26 | | regarding pre-filing meetings shall apply in both counties. |
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| 1 | | Notice of the public meeting, including a description of the | 2 | | Project, must be provided in writing to the clerk of each | 3 | | county where the Project is to be located. A representative of | 4 | | the Commission shall be invited to each pre-filing public | 5 | | meeting. | 6 | | (i) For applications filed after August 18, 2015 (the | 7 | | effective date of Public Act 99-399), the Commission shall, by | 8 | | certified mail, notify each owner of record of land, as | 9 | | identified in the records of the relevant county tax assessor, | 10 | | included in the right-of-way over which the utility seeks in | 11 | | its application to construct a high-voltage electric line of | 12 | | the time and place scheduled for the initial hearing on the | 13 | | public utility's application. The utility shall reimburse the | 14 | | Commission for the cost of the postage and supplies incurred | 15 | | for mailing the notice. | 16 | | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; | 17 | | 102-813, eff. 5-13-22; 102-931, eff. 5-27-22.) | 18 | | Section 20. The Environmental Protection Act is amended by | 19 | | changing Sections 25a-1 and 25b as follows: | 20 | | (415 ILCS 5/25a-1) (from Ch. 111 1/2, par. 1025a-1) | 21 | | Sec. 25a-1. At least 60 days before beginning the | 22 | | decommissioning of any nuclear power plant located in this | 23 | | State, the owner or operator of the plant shall file, for | 24 | | information purposes only, a copy of the decommissioning plan |
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| 1 | | for the plant with the Agency and a copy with the Illinois | 2 | | Emergency Management Agency and Office of Homeland Security, | 3 | | or its successor agency . | 4 | | (Source: P.A. 95-777, eff. 8-4-08.) | 5 | | (415 ILCS 5/25b) (from Ch. 111 1/2, par. 1025b) | 6 | | Sec. 25b. Any person, corporation or public authority | 7 | | intending to construct a nuclear steam-generating facility or | 8 | | a nuclear fuel reprocessing plant shall file with the Illinois | 9 | | Emergency Management Agency and Office of Homeland Security, | 10 | | or its successor agency, an environmental feasibility report | 11 | | which incorporates the data provided in the preliminary safety | 12 | | analysis required to be filed with the United States Nuclear | 13 | | Regulatory Commission. The Board may by rule prescribe the | 14 | | form of such report. In consultation with the Illinois | 15 | | Emergency Management Agency and Office of Homeland Security | 16 | | and the Illinois Environmental Protection Agency, the The | 17 | | Board shall have the power to adopt standards to protect the | 18 | | health, safety and welfare of the citizens of Illinois from | 19 | | the hazards of radiation to the extent that such powers are not | 20 | | preempted under the federal constitution. | 21 | | (Source: P.A. 95-777, eff. 8-4-08.) | 22 | | Section 25. The Illinois Nuclear Safety Preparedness Act | 23 | | is amended by adding Section 2.5 and by changing Section 3 as | 24 | | follows: |
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| 1 | | (420 ILCS 5/2.5 new) | 2 | | Sec. 2.5. Applicability. This Act does not apply to small | 3 | | modular reactors. | 4 | | (420 ILCS 5/3) (from Ch. 111 1/2, par. 4303) | 5 | | Sec. 3. Definitions. Unless the context otherwise clearly | 6 | | requires, as used in this Act: | 7 | | (1) "Agency" or "IEMA-OHS" means the Illinois Emergency | 8 | | Management Agency and Office of Homeland Security, or its | 9 | | successor agency of the State of Illinois . | 10 | | (2) "Director" means the Director of the Illinois | 11 | | Emergency Management Agency. | 12 | | (3) "Person" means any individual, corporation, | 13 | | partnership, firm, association, trust, estate, public or | 14 | | private institution, group, agency, political subdivision of | 15 | | this State, any other state or political subdivision or agency | 16 | | thereof, and any legal successor, representative, agent, or | 17 | | agency of the foregoing. | 18 | | (4) "NRC" means the United States Nuclear Regulatory | 19 | | Commission or any agency which succeeds to its functions in | 20 | | the licensing of nuclear power reactors or facilities for | 21 | | storing spent nuclear fuel. | 22 | | (5) "High-level radioactive waste" means (1) the highly | 23 | | radioactive material resulting from the reprocessing of spent | 24 | | nuclear fuel including liquid waste produced directly in |
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| 1 | | reprocessing and any solid material derived from such liquid | 2 | | waste that contains fission products in sufficient | 3 | | concentrations; and (2) the highly radioactive material that | 4 | | the NRC has determined to be high-level radioactive waste | 5 | | requiring permanent isolation. | 6 | | (6) "Nuclear facilities" means nuclear power plants, | 7 | | facilities housing nuclear test and research reactors, | 8 | | facilities for the chemical conversion of uranium, and | 9 | | facilities for the storage of spent nuclear fuel or high-level | 10 | | radioactive waste. | 11 | | (7) "Spent nuclear fuel" means fuel that has been | 12 | | withdrawn from a nuclear reactor following irradiation, the | 13 | | constituent elements of which have not been separated by | 14 | | reprocessing. | 15 | | (8) "Transuranic waste" means material contaminated with | 16 | | elements that have an atomic number greater than 92, including | 17 | | neptunium, plutonium, americium, and curium, excluding | 18 | | radioactive wastes shipped to a licensed low-level radioactive | 19 | | waste disposal facility. | 20 | | (9) "Highway route controlled quantity of radioactive | 21 | | materials" means that quantity of radioactive materials | 22 | | defined as a highway route controlled quantity under rules of | 23 | | the United States Department of Transportation, or any | 24 | | successor agency. | 25 | | (10) "Nuclear power plant" or "nuclear steam-generating | 26 | | facility" means a thermal power plant in which the energy |
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| 1 | | (heat) released by the fissioning of nuclear fuel is used to | 2 | | boil water to produce steam. | 3 | | (11) "Nuclear power reactor" means an apparatus, other | 4 | | than an atomic weapon, designed or used to sustain nuclear | 5 | | fission in a self-supporting chain reaction. | 6 | | (12) "Small modular reactor" or "SMR" means an advanced | 7 | | nuclear reactor: (1) with a rated nameplate capacity of 300 | 8 | | electrical megawatts or less; and (2) that may be constructed | 9 | | and operated in combination with similar reactors at a single | 10 | | site. | 11 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 12 | | Section 30. The Illinois Nuclear Facility Safety Act is | 13 | | amended by changing Section 2 and adding Sections 2.5 and 3.5 | 14 | | as follows: | 15 | | (420 ILCS 10/2) (from Ch. 111 1/2, par. 4352) | 16 | | Sec. 2. Policy statement. It is declared to be the policy | 17 | | of the State of Illinois to prevent accidents at nuclear | 18 | | facilities in Illinois for the economic well-being of the | 19 | | People of the State of Illinois and for the health and safety | 20 | | of workers at nuclear facilities and private citizens who | 21 | | could be injured as a result of releases of radioactive | 22 | | materials from nuclear facilities. It is the intent of the | 23 | | General Assembly that this Act should be construed | 24 | | consistently with federal law to maximize the role of the |
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| 1 | | State in contributing to safety at nuclear facilities in | 2 | | Illinois. It is the intent of the General Assembly that the | 3 | | Illinois Emergency Management Agency should not take any | 4 | | actions which are preempted by federal law or engage in dual | 5 | | regulation of nuclear facilities, unless dual regulation is | 6 | | allowed by federal law and policies of the Nuclear Regulatory | 7 | | Commission. In implementing its responsibilities under this | 8 | | Act, the Agency shall not take any action which interferes | 9 | | with the safe operation of a nuclear facility. | 10 | | (Source: P.A. 95-777, eff. 8-4-08.) | 11 | | (420 ILCS 10/2.5 new) | 12 | | Sec. 2.5. Applicability. This Act does not apply to small | 13 | | modular reactors. | 14 | | (420 ILCS 10/3.5 new) | 15 | | Sec. 3.5. Definitions. In this Act: | 16 | | "IEMA-OHS" means the Illinois Emergency Management Agency | 17 | | and Office of Homeland Security, or its successor agency. | 18 | | "Director" means the Director of IEMA-OHS. | 19 | | "Nuclear facilities" means nuclear power plants, | 20 | | facilities housing nuclear test and research reactors, | 21 | | facilities for the chemical conversion of uranium, and | 22 | | facilities for the storage of spent nuclear fuel or high-level | 23 | | radioactive waste. | 24 | | "Nuclear power plant" or "nuclear steam-generating |
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| 1 | | facility" means a thermal power plant in which the energy | 2 | | (heat) released by the fissioning of nuclear fuel is used to | 3 | | boil water to produce steam. | 4 | | "Nuclear power reactor" means an apparatus, other than an | 5 | | atomic weapon, designed or used to sustain nuclear fission in | 6 | | a self-supporting chain reaction. | 7 | | "Small modular reactor" or "SMR" means an advanced nuclear | 8 | | reactor: (1) with a rated nameplate capacity of 300 electrical | 9 | | megawatts or less; and (2) that may be constructed and | 10 | | operated in combination with similar reactors at a single | 11 | | site. | 12 | | Section 35. The Illinois Low-Level Radioactive Waste | 13 | | Management Act is amended by changing Sections 2, 3, and 13 as | 14 | | follows: | 15 | | (420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2) | 16 | | Sec. 2. (a) The General Assembly finds: | 17 | | (1) that low-level radioactive wastes are produced in | 18 | | this State with even greater volumes to be produced in the | 19 | | future; | 20 | | (2) that such radioactive wastes pose a significant | 21 | | risk to the public health, safety and welfare of the | 22 | | people of Illinois; and | 23 | | (3) that it is the obligation of the State of Illinois | 24 | | to its citizens to provide for the safe management of the |
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| 1 | | low-level radioactive wastes produced within its borders. | 2 | | (b) The Illinois Emergency Management Agency has attained | 3 | | federal agreement state status and thereby has assumed | 4 | | regulatory authority over low-level radioactive waste from the | 5 | | United States Nuclear Regulatory Commission under Section 274b | 6 | | of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is the | 7 | | purpose of this Act to establish a comprehensive program for | 8 | | the storage, treatment, and disposal of low-level radioactive | 9 | | wastes in Illinois. It is the intent of the General Assembly | 10 | | that the program provide for the management of these wastes in | 11 | | the safest manner possible and in a manner that creates the | 12 | | least risk to human health and the environment of Illinois and | 13 | | that the program encourage to the fullest extent possible the | 14 | | use of environmentally sound waste management practices | 15 | | alternative to land disposal including waste recycling, | 16 | | compaction, incineration and other methods to reduce the | 17 | | amount of wastes produced, and to ensure public participation | 18 | | in all phases of the development of this radioactive waste | 19 | | management program. | 20 | | (Source: P.A. 95-777, eff. 8-4-08.) | 21 | | (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3) | 22 | | Sec. 3. Definitions. | 23 | | "Agency" or "IEMA-OHS" means the Illinois Emergency | 24 | | Management Agency and Office of Homeland Security, or its | 25 | | successor agency . |
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| 1 | | "Broker" means any person who takes possession of | 2 | | low-level waste for purposes of consolidation and shipment. | 3 | | "Compact" means the Central Midwest Interstate Low-Level | 4 | | Radioactive Waste Compact. | 5 | | "Decommissioning" means the measures taken at the end of a | 6 | | facility's operating life to assure the continued protection | 7 | | of the public from any residual radioactivity or other | 8 | | potential hazards present at a facility. | 9 | | "Director" means the Director of the Illinois Emergency | 10 | | Management Agency. | 11 | | "Disposal" means the isolation of waste from the biosphere | 12 | | in a permanent facility designed for that purpose. | 13 | | "Facility" means a parcel of land or site, together with | 14 | | structures, equipment and improvements on or appurtenant to | 15 | | the land or site, which is used or is being developed for the | 16 | | treatment, storage or disposal of low-level radioactive waste. | 17 | | "Facility" does not include lands, sites, structures or | 18 | | equipment used by a generator in the generation of low-level | 19 | | radioactive wastes. | 20 | | "Generator" means any person who produces or possesses | 21 | | low-level radioactive waste in the course of or incident to | 22 | | manufacturing, power generation, processing, medical diagnosis | 23 | | and treatment, research, education or other activity. | 24 | | "Hazardous waste" means a waste, or combination of wastes, | 25 | | which because of its quantity, concentration, or physical, | 26 | | chemical, or infectious characteristics may cause or |
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| 1 | | significantly contribute to an increase in mortality or an | 2 | | increase in serious, irreversible, or incapacitating | 3 | | reversible, illness; or pose a substantial present or | 4 | | potential hazard to human health or the environment when | 5 | | improperly treated, stored, transported, or disposed of, or | 6 | | otherwise managed, and which has been identified, by | 7 | | characteristics or listing, as hazardous under Section 3001 of | 8 | | the Resource Conservation and Recovery Act of 1976, P.L. | 9 | | 94-580 or under regulations of the Pollution Control Board. | 10 | | "High-level radioactive waste" means: | 11 | | (1) the highly radioactive material resulting from the | 12 | | reprocessing of spent nuclear fuel including liquid waste | 13 | | produced directly in reprocessing and any solid material | 14 | | derived from the liquid waste that contains fission | 15 | | products in sufficient concentrations; and | 16 | | (2) the highly radioactive material that the Nuclear | 17 | | Regulatory Commission has determined, on the effective | 18 | | date of this Amendatory Act of 1988, to be high-level | 19 | | radioactive waste requiring permanent isolation. | 20 | | "Low-level radioactive waste" or "waste" means radioactive | 21 | | waste not classified as (1) high-level radioactive waste, (2) | 22 | | transuranic waste, (3) spent nuclear fuel, or (4) byproduct | 23 | | material as defined in Sections 11e(2), 11e(3), and 11e(4) of | 24 | | the Atomic Energy Act of 1954 (42 U.S.C. 2014). This | 25 | | definition shall apply notwithstanding any declaration by the | 26 | | federal government, a state, or any regulatory agency that any |
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| 1 | | radioactive material is exempt from any regulatory control. | 2 | | "Mixed waste" means waste that is both "hazardous waste" | 3 | | and "low-level radioactive waste" as defined in this Act. | 4 | | "Nuclear facilities" means nuclear power plants, | 5 | | facilities housing nuclear test and research reactors, | 6 | | facilities for the chemical conversion of uranium, and | 7 | | facilities for the storage of spent nuclear fuel or high-level | 8 | | radioactive waste. | 9 | | "Nuclear power plant" or "nuclear steam-generating | 10 | | facility" means a thermal power plant in which the energy | 11 | | (heat) released by the fissioning of nuclear fuel is used to | 12 | | boil water to produce steam. | 13 | | "Nuclear power reactor" means an apparatus, other than an | 14 | | atomic weapon, designed or used to sustain nuclear fission in | 15 | | a self-supporting chain reaction. | 16 | | "Person" means an individual, corporation, business | 17 | | enterprise or other legal entity either public or private and | 18 | | any legal successor, representative, agent or agency of that | 19 | | individual, corporation, business enterprise, or legal entity. | 20 | | "Post-closure care" means the continued monitoring of the | 21 | | regional disposal facility after closure for the purposes of | 22 | | detecting a need for maintenance, ensuring environmental | 23 | | safety, and determining compliance with applicable licensure | 24 | | and regulatory requirements, and includes undertaking any | 25 | | remedial actions necessary to protect public health and the | 26 | | environment from radioactive releases from the facility. |
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| 1 | | "Regional disposal facility" or "disposal facility" means | 2 | | the facility established by the State of Illinois under this | 3 | | Act for disposal away from the point of generation of waste | 4 | | generated in the region of the Compact. | 5 | | "Release" means any spilling, leaking, pumping, pouring, | 6 | | emitting, emptying, discharging, injecting, escaping, | 7 | | leaching, dumping or disposing into the environment of | 8 | | low-level radioactive waste. | 9 | | "Remedial action" means those actions taken in the event | 10 | | of a release or threatened release of low-level radioactive | 11 | | waste into the environment, to prevent or minimize the release | 12 | | of the waste so that it does not migrate to cause substantial | 13 | | danger to present or future public health or welfare or the | 14 | | environment. The term includes, but is not limited to, actions | 15 | | at the location of the release such as storage, confinement, | 16 | | perimeter protection using dikes, trenches or ditches, clay | 17 | | cover, neutralization, cleanup of released low-level | 18 | | radioactive wastes, recycling or reuse, dredging or | 19 | | excavations, repair or replacement of leaking containers, | 20 | | collection of leachate and runoff, onsite treatment or | 21 | | incineration, provision of alternative water supplies and any | 22 | | monitoring reasonably required to assure that these actions | 23 | | protect human health and the environment. | 24 | | "Scientific Surveys" means, collectively, the Illinois | 25 | | State Geological Survey and the Illinois State Water Survey of | 26 | | the University of Illinois. |
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| 1 | | "Shallow land burial" means a land disposal facility in | 2 | | which radioactive waste is disposed of in or within the upper | 3 | | 30 meters of the earth's surface. However, this definition | 4 | | shall not include an enclosed, engineered, structurally | 5 | | re-enforced and solidified bunker that extends below the | 6 | | earth's surface. | 7 | | "Small modular reactor" or "SMR" means an advanced nuclear | 8 | | reactor: (1) with a rated nameplate capacity of 300 electrical | 9 | | megawatts or less; and (2) that may be constructed and | 10 | | operated in combination with similar reactors at a single | 11 | | site. | 12 | | "Storage" means the temporary holding of waste for | 13 | | treatment or disposal for a period determined by Agency | 14 | | regulations. | 15 | | "Treatment" means any method, technique or process, | 16 | | including storage for radioactive decay, designed to change | 17 | | the physical, chemical or biological characteristics or | 18 | | composition of any waste in order to render the waste safer for | 19 | | transport, storage or disposal, amenable to recovery, | 20 | | convertible to another usable material or reduced in volume. | 21 | | "Waste management" means the storage, transportation, | 22 | | treatment or disposal of waste. | 23 | | (Source: P.A. 103-306, eff. 7-28-23.) | 24 | | (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13) | 25 | | Sec. 13. Waste fees. |
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| 1 | | (a) The Agency shall collect a fee from each generator of | 2 | | low-level radioactive wastes in this State, except as | 3 | | otherwise provided in this subsection. Except as provided in | 4 | | subdivision (b)(2) and subsections (b), (c) , and (d), the | 5 | | amount of the fee shall be $50.00 or the following amount, | 6 | | whichever is greater: | 7 | | (1) $1 per cubic foot of waste shipped for storage, | 8 | | treatment or disposal if storage of the waste for shipment | 9 | | occurred prior to September 7, 1984; | 10 | | (2) $2 per cubic foot of waste stored for shipment if | 11 | | storage of the waste occurs on or after September 7, 1984, | 12 | | but prior to October 1, 1985; | 13 | | (3) $3 per cubic foot of waste stored for shipment if | 14 | | storage of the waste occurs on or after October 1, 1985; | 15 | | (4) $2 per cubic foot of waste shipped for storage, | 16 | | treatment or disposal if storage of the waste for shipment | 17 | | occurs on or after September 7, 1984 but prior to October | 18 | | 1, 1985, provided that no fee has been collected | 19 | | previously for storage of the waste; | 20 | | (5) $3 per cubic foot of waste shipped for storage, | 21 | | treatment or disposal if storage of the waste for shipment | 22 | | occurs on or after October 1, 1985, provided that no fees | 23 | | have been collected previously for storage of the waste. | 24 | | Such fees shall be collected annually or as determined by | 25 | | the Agency and shall be deposited in the low-level radioactive | 26 | | waste funds as provided in Section 14 of this Act. |
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| 1 | | Notwithstanding any other provision of this Act, no fee under | 2 | | this Section shall be collected from a generator for waste | 3 | | generated incident to manufacturing before December 31, 1980, | 4 | | and shipped for disposal outside of this State before December | 5 | | 31, 1992, as part of a site reclamation leading to license | 6 | | termination. | 7 | | Units of local government are exempt from the fee | 8 | | provisions of this subsection. | 9 | | (b) (1) Small modular reactors shall pay low-level | 10 | | radioactive waste fees in accordance with subsection (a). | 11 | | (2) Each nuclear power reactor in this State for which an | 12 | | operating license has been issued by the Nuclear Regulatory | 13 | | Commission shall not be subject to the fee required by | 14 | | subsection (a) with respect to (1) waste stored for shipment | 15 | | if storage of the waste occurs on or after January 1, 1986; and | 16 | | (2) waste shipped for storage, treatment or disposal if | 17 | | storage of the waste for shipment occurs on or after January 1, | 18 | | 1986. In lieu of the fee, each reactor shall be required to pay | 19 | | an annual fee as provided in this subsection for the | 20 | | treatment, storage and disposal of low-level radioactive | 21 | | waste. Beginning with State fiscal year 1986 and through State | 22 | | fiscal year 1997, fees shall be due and payable on January 1st | 23 | | of each year. For State fiscal year 1998 and all subsequent | 24 | | State fiscal years, fees shall be due and payable on July 1 of | 25 | | each fiscal year. The fee due on July 1, 1997 shall be payable | 26 | | on that date, or within 10 days after the effective date of |
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| 1 | | this amendatory Act of 1997, whichever is later. | 2 | | The owner of any nuclear power reactor that has an | 3 | | operating license issued by the Nuclear Regulatory Commission | 4 | | for any portion of State fiscal year 1998 shall continue to pay | 5 | | an annual fee of $90,000 for the treatment, storage, and | 6 | | disposal of low-level radioactive waste through State fiscal | 7 | | year 2002. The fee shall be due and payable on July 1 of each | 8 | | fiscal year. The fee due on July 1, 1998 shall be payable on | 9 | | that date, or within 10 days after the effective date of this | 10 | | amendatory Act of 1998, whichever is later. If the balance in | 11 | | the Low-Level Radioactive Waste Facility Development and | 12 | | Operation Fund falls below $500,000, as of the end of any | 13 | | fiscal year after fiscal year 2002, the Agency is authorized | 14 | | to assess by rule, after notice and a hearing, an additional | 15 | | annual fee to be paid by the owners of nuclear power reactors | 16 | | for which operating licenses have been issued by the Nuclear | 17 | | Regulatory Commission, except that no additional annual fee | 18 | | shall be assessed because of the fund balance at the end of | 19 | | fiscal year 2005 or the end of fiscal year 2006. The additional | 20 | | annual fee shall be payable on the date or dates specified by | 21 | | rule and shall not exceed $30,000 per operating reactor per | 22 | | year. | 23 | | (c) In each of State fiscal years 1988, 1989 and 1990, in | 24 | | addition to the fee imposed in subsections (b) and (d), the | 25 | | owner of each nuclear power reactor in this State for which an | 26 | | operating license has been issued by the Nuclear Regulatory |
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| 1 | | Commission shall pay a fee of $408,000. If an operating | 2 | | license is issued during one of those 3 fiscal years, the owner | 3 | | shall pay a prorated amount of the fee equal to $1,117.80 | 4 | | multiplied by the number of days in the fiscal year during | 5 | | which the nuclear power reactor was licensed. | 6 | | The fee shall be due and payable as follows: in fiscal year | 7 | | 1988, $204,000 shall be paid on October 1, 1987 and $102,000 | 8 | | shall be paid on each of January 1, 1988 and April 1, 1988; in | 9 | | fiscal year 1989, $102,000 shall be paid on each of July 1, | 10 | | 1988, October 1, 1988, January 1, 1989 and April 1, 1989; and | 11 | | in fiscal year 1990, $102,000 shall be paid on each of July 1, | 12 | | 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If | 13 | | the operating license is issued during one of the 3 fiscal | 14 | | years, the owner shall be subject to those payment dates, and | 15 | | their corresponding amounts, on which the owner possesses an | 16 | | operating license and, on June 30 of the fiscal year of | 17 | | issuance of the license, whatever amount of the prorated fee | 18 | | remains outstanding. | 19 | | All of the amounts collected by the Agency under this | 20 | | subsection (c) shall be deposited into the Low-Level | 21 | | Radioactive Waste Facility Development and Operation Fund | 22 | | created under subsection (a) of Section 14 of this Act and | 23 | | expended, subject to appropriation, for the purposes provided | 24 | | in that subsection. | 25 | | (d) In addition to the fees imposed in subsections (b) and | 26 | | (c), the owners of nuclear power reactors in this State for |
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| 1 | | which operating licenses have been issued by the Nuclear | 2 | | Regulatory Commission shall pay the following fees for each | 3 | | such nuclear power reactor: for State fiscal year 1989, | 4 | | $325,000 payable on October 1, 1988, $162,500 payable on | 5 | | January 1, 1989, and $162,500 payable on April 1, 1989; for | 6 | | State fiscal year 1990, $162,500 payable on July 1, $300,000 | 7 | | payable on October 1, $300,000 payable on January 1 and | 8 | | $300,000 payable on April 1; for State fiscal year 1991, | 9 | | either (1) $150,000 payable on July 1, $650,000 payable on | 10 | | September 1, $675,000 payable on January 1, and $275,000 | 11 | | payable on April 1, or (2) $150,000 on July 1, $130,000 on the | 12 | | first day of each month from August through December, $225,000 | 13 | | on the first day of each month from January through March and | 14 | | $92,000 on the first day of each month from April through June; | 15 | | for State fiscal year 1992, $260,000 payable on July 1, | 16 | | $900,000 payable on September 1, $300,000 payable on October | 17 | | 1, $150,000 payable on January 1, and $100,000 payable on | 18 | | April 1; for State fiscal year 1993, $100,000 payable on July | 19 | | 1, $230,000 payable on August 1 or within 10 days after July | 20 | | 31, 1992, whichever is later, and $355,000 payable on October | 21 | | 1; for State fiscal year 1994, $100,000 payable on July 1, | 22 | | $75,000 payable on October 1 and $75,000 payable on April 1; | 23 | | for State fiscal year 1995, $100,000 payable on July 1, | 24 | | $75,000 payable on October 1, and $75,000 payable on April 1, | 25 | | for State fiscal year 1996, $100,000 payable on July 1, | 26 | | $75,000 payable on October 1, and $75,000 payable on April 1. |
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| 1 | | The owner of any nuclear power reactor that has an operating | 2 | | license issued by the Nuclear Regulatory Commission for any | 3 | | portion of State fiscal year 1998 shall pay an annual fee of | 4 | | $30,000 through State fiscal year 2003. For State fiscal year | 5 | | 2004 and subsequent fiscal years, the owner of any nuclear | 6 | | power reactor that has an operating license issued by the | 7 | | Nuclear Regulatory Commission shall pay an annual fee of | 8 | | $30,000 per reactor, provided that the fee shall not apply to a | 9 | | nuclear power reactor with regard to which the owner notified | 10 | | the Nuclear Regulatory Commission during State fiscal year | 11 | | 1998 that the nuclear power reactor permanently ceased | 12 | | operations. The fee shall be due and payable on July 1 of each | 13 | | fiscal year. The fee due on July 1, 1998 shall be payable on | 14 | | that date, or within 10 days after the effective date of this | 15 | | amendatory Act of 1998, whichever is later. The fee due on July | 16 | | 1, 1997 shall be payable on that date or within 10 days after | 17 | | the effective date of this amendatory Act of 1997, whichever | 18 | | is later. If the payments under this subsection for fiscal | 19 | | year 1993 due on January 1, 1993, or on April 1, 1993, or both, | 20 | | were due before the effective date of this amendatory Act of | 21 | | the 87th General Assembly, then those payments are waived and | 22 | | need not be made. | 23 | | All of the amounts collected by the Agency under this | 24 | | subsection (d) shall be deposited into the Low-Level | 25 | | Radioactive Waste Facility Development and Operation Fund | 26 | | created pursuant to subsection (a) of Section 14 of this Act |
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| 1 | | and expended, subject to appropriation, for the purposes | 2 | | provided in that subsection. | 3 | | All payments made by licensees under this subsection (d) | 4 | | for fiscal year 1992 that are not appropriated and obligated | 5 | | by the Agency above $1,750,000 per reactor in fiscal year | 6 | | 1992, shall be credited to the licensees making the payments | 7 | | to reduce the per reactor fees required under this subsection | 8 | | (d) for fiscal year 1993. | 9 | | (e) The Agency shall promulgate rules and regulations | 10 | | establishing standards for the collection of the fees | 11 | | authorized by this Section. The regulations shall include, but | 12 | | need not be limited to: | 13 | | (1) the records necessary to identify the amounts of | 14 | | low-level radioactive wastes produced; | 15 | | (2) the form and submission of reports to accompany | 16 | | the payment of fees to the Agency; and | 17 | | (3) the time and manner of payment of fees to the | 18 | | Agency, which payments shall not be more frequent than | 19 | | quarterly. | 20 | | (f) Any operating agreement entered into under subsection | 21 | | (b) of Section 5 of this Act between the Agency and any | 22 | | disposal facility contractor shall, subject to the provisions | 23 | | of this Act, authorize the contractor to impose upon and | 24 | | collect from persons using the disposal facility fees designed | 25 | | and set at levels reasonably calculated to produce sufficient | 26 | | revenues (1) to pay all costs and expenses properly incurred |
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| 1 | | or accrued in connection with, and properly allocated to, | 2 | | performance of the contractor's obligations under the | 3 | | operating agreement, and (2) to provide reasonable and | 4 | | appropriate compensation or profit to the contractor under the | 5 | | operating agreement. For purposes of this subsection (f), the | 6 | | term "costs and expenses" may include, without limitation, (i) | 7 | | direct and indirect costs and expenses for labor, services, | 8 | | equipment, materials, insurance and other risk management | 9 | | costs, interest and other financing charges, and taxes or fees | 10 | | in lieu of taxes; (ii) payments to or required by the United | 11 | | States, the State of Illinois or any agency or department | 12 | | thereof, the Central Midwest Interstate Low-Level Radioactive | 13 | | Waste Compact, and subject to the provisions of this Act, any | 14 | | unit of local government; (iii) amortization of capitalized | 15 | | costs with respect to the disposal facility and its | 16 | | development, including any capitalized reserves; and (iv) | 17 | | payments with respect to reserves, accounts, escrows or trust | 18 | | funds required by law or otherwise provided for under the | 19 | | operating agreement. | 20 | | (g) (Blank). | 21 | | (h) (Blank). | 22 | | (i) (Blank). | 23 | | (j) (Blank). | 24 | | (j-5) Prior to commencement of facility operations, the | 25 | | Agency shall adopt rules providing for the establishment and | 26 | | collection of fees and charges with respect to the use of the |
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| 1 | | disposal facility as provided in subsection (f) of this | 2 | | Section. | 3 | | (k) The regional disposal facility shall be subject to ad | 4 | | valorem real estate taxes lawfully imposed by units of local | 5 | | government and school districts with jurisdiction over the | 6 | | facility. No other local government tax, surtax, fee or other | 7 | | charge on activities at the regional disposal facility shall | 8 | | be allowed except as authorized by the Agency. | 9 | | (l) The Agency shall have the power, in the event that | 10 | | acceptance of waste for disposal at the regional disposal | 11 | | facility is suspended, delayed or interrupted, to impose | 12 | | emergency fees on the generators of low-level radioactive | 13 | | waste. Generators shall pay emergency fees within 30 days of | 14 | | receipt of notice of the emergency fees. The Department shall | 15 | | deposit all of the receipts of any fees collected under this | 16 | | subsection into the Low-Level Radioactive Waste Facility | 17 | | Development and Operation Fund created under subsection (b) of | 18 | | Section 14. Emergency fees may be used to mitigate the impacts | 19 | | of the suspension or interruption of acceptance of waste for | 20 | | disposal. The requirements for rulemaking in the Illinois | 21 | | Administrative Procedure Act shall not apply to the imposition | 22 | | of emergency fees under this subsection. | 23 | | (m) The Agency shall promulgate any other rules and | 24 | | regulations as may be necessary to implement this Section. | 25 | | (Source: P.A. 100-938, eff. 8-17-18.) |
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| 1 | | Section 40. The Radioactive Waste Storage Act is amended | 2 | | by adding Section 0.05 and by changing Sections 1, 2, 3, 4, 5, | 3 | | and 6 as follows: | 4 | | (420 ILCS 35/0.05 new) | 5 | | Sec. 0.05. Definitions. In this Act: | 6 | | "IEMA-OHS" means the Illinois Emergency Management Agency | 7 | | and Office of Homeland Security, or its successor agency. | 8 | | "Director" means the Director of IEMA-OHS. | 9 | | "Nuclear power plant" or "nuclear steam-generating | 10 | | facility" means a thermal power plant in which the energy | 11 | | (heat) released by the fissioning of nuclear fuel is used to | 12 | | boil water to produce steam. | 13 | | "Nuclear facilities" means nuclear power plants, | 14 | | facilities housing nuclear test and research reactors, | 15 | | facilities for the chemical conversion of uranium, and | 16 | | facilities for the storage of spent nuclear fuel or high-level | 17 | | radioactive waste. | 18 | | "Nuclear power reactor" means an apparatus, other than an | 19 | | atomic weapon, designed or used to sustain nuclear fission in | 20 | | a self-supporting chain reaction. | 21 | | "Small modular reactor" or "SMR" means an advanced nuclear | 22 | | reactor: (1) with a rated nameplate capacity of 300 electrical | 23 | | megawatts or less; and (2) that may be constructed and | 24 | | operated in combination with similar reactors at a single | 25 | | site. |
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| 1 | | (420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1) | 2 | | Sec. 1. The Director of the Illinois Emergency Management | 3 | | Agency is authorized to acquire by private purchase, | 4 | | acceptance, or by condemnation in the manner provided for the | 5 | | exercise of the power of eminent domain under the Eminent | 6 | | Domain Act, any and all lands, buildings and grounds where | 7 | | radioactive by-products and wastes produced by industrial, | 8 | | medical, agricultural, scientific or other organizations can | 9 | | be concentrated, stored or otherwise disposed in a manner | 10 | | consistent with the public health and safety. Whenever, in the | 11 | | judgment of the Director of the Illinois Emergency Management | 12 | | Agency , it is necessary to relocate existing facilities for | 13 | | the construction, operation, closure or long-term care of a | 14 | | facility for the safe and secure disposal of low-level | 15 | | radioactive waste, the cost of relocating such existing | 16 | | facilities may be deemed a part of the disposal facility land | 17 | | acquisition and the Illinois Emergency Management Agency may, | 18 | | on behalf of the State, pay such costs. Existing facilities | 19 | | include public utilities, commercial or industrial facilities, | 20 | | residential buildings, and such other public or privately | 21 | | owned buildings as the Director of the Illinois Emergency | 22 | | Management Agency deems necessary for relocation. The Illinois | 23 | | Emergency Management Agency is authorized to operate a | 24 | | relocation program, and to pay such costs of relocation as are | 25 | | provided in the federal "Uniform Relocation Assistance and |
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| 1 | | Real Property Acquisition Policies Act", Public Law 91-646. | 2 | | The Director of the Illinois Emergency Management Agency is | 3 | | authorized to exceed the maximum payments provided pursuant to | 4 | | the federal "Uniform Relocation Assistance and Real Property | 5 | | Acquisition Policies Act" if necessary to assure the provision | 6 | | of decent, safe, and sanitary housing, or to secure a suitable | 7 | | alternate location. Payments issued under this Section shall | 8 | | be made from the Low-level Radioactive Waste Facility | 9 | | Development and Operation Fund established by the Illinois | 10 | | Low-Level Radioactive Waste Management Act. | 11 | | (Source: P.A. 94-1055, eff. 1-1-07; 95-777, eff. 8-4-08.) | 12 | | (420 ILCS 35/2) (from Ch. 111 1/2, par. 230.2) | 13 | | Sec. 2. The Director of the Illinois Emergency Management | 14 | | Agency may accept, receive, and receipt for moneys or lands, | 15 | | buildings and grounds for and in behalf of the State, given by | 16 | | the Federal Government under any federal law to the State or by | 17 | | any other public or private agency, for the acquisition or | 18 | | operation of a site or sites for the concentration and storage | 19 | | of radioactive wastes. Such funds received by the Director | 20 | | pursuant to this section shall be deposited with the State | 21 | | Treasurer and held and disbursed by him in accordance with "An | 22 | | Act in relation to the receipt, custody, and disbursement of | 23 | | money allotted by the United States of America or any agency | 24 | | thereof for use in this State", approved July 3, 1939, as | 25 | | amended. Provided that such moneys or lands, buildings and |
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| 1 | | grounds shall be used only for the purposes for which they are | 2 | | contributed. | 3 | | (Source: P.A. 95-777, eff. 8-4-08.) | 4 | | (420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3) | 5 | | Sec. 3. The Director of the Illinois Emergency Management | 6 | | Agency may lease such lands, buildings and grounds as it may | 7 | | acquire under the provisions of this Act to a private firm or | 8 | | firms for the purpose of operating a site or sites for the | 9 | | concentration and storage of radioactive wastes or for such | 10 | | other purpose not contrary to the public interests. | 11 | | (Source: P.A. 95-777, eff. 8-4-08.) | 12 | | (420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4) | 13 | | Sec. 4. The operation of any and all sites acquired for the | 14 | | concentration and storage of radioactive wastes shall be under | 15 | | the direct supervision of the Illinois Emergency Management | 16 | | Agency and shall be in accordance with regulations promulgated | 17 | | and enforced by the Agency to protect the public health and | 18 | | safety. | 19 | | (Source: P.A. 95-777, eff. 8-4-08.) | 20 | | (420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5) | 21 | | Sec. 5. The Director of the Illinois Emergency Management | 22 | | Agency is authorized to enter into contracts as he may deem | 23 | | necessary for carrying out the provisions of this Act. Such |
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| 1 | | contracts may include the assessment of fees by the Agency. | 2 | | The fees required shall be established at a rate which | 3 | | provides an annual amount equal to the anticipated reasonable | 4 | | cost necessary to maintain, monitor, and otherwise supervise | 5 | | and care for lands and facilities as required in the interest | 6 | | of public health and safety. | 7 | | (Source: P.A. 95-777, eff. 8-4-08.) | 8 | | (420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6) | 9 | | Sec. 6. It is recognized by the General Assembly that any | 10 | | site used for the concentration and storage of radioactive | 11 | | waste material will represent a continuing and perpetual | 12 | | responsibility in the interests of the public health, safety | 13 | | and general welfare, and that the same must ultimately be | 14 | | reposed in a sovereign government without regard for the | 15 | | existence or nonexistence of any particular agency, | 16 | | instrumentality, department, division or officer thereof. In | 17 | | all instances lands, buildings and grounds which are to be | 18 | | designated as sites for the concentration and storage of | 19 | | radioactive waste materials shall be acquired in fee simple | 20 | | absolute and dedicated in perpetuity to such purpose. All | 21 | | rights, title and interest in, of and to any radioactive waste | 22 | | materials accepted by the Illinois Emergency Management Agency | 23 | | for permanent storage at such facilities, shall upon | 24 | | acceptance become the property of the State and shall be in all | 25 | | respects administered, controlled, and disposed of, including |
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| 1 | | transfer by sale, lease, loan or otherwise, by the Agency in | 2 | | the name of the State. All fees received pursuant to contracts | 3 | | entered into by the Illinois Emergency Management Agency shall | 4 | | be deposited in the State Treasury and shall be set apart in a | 5 | | special fund to be known as the "Radioactive Waste Site | 6 | | Perpetual Care Fund". Monies deposited in the fund shall be | 7 | | expended by the Illinois Emergency Management Agency to | 8 | | monitor and maintain the site as required to protect the | 9 | | public health and safety on a continuing and perpetual basis. | 10 | | All payments received by the Department of Nuclear Safety (now | 11 | | the Illinois Emergency Management Agency) pursuant to the | 12 | | settlement agreement entered May 25, 1988, in the matter of | 13 | | the People of the State of Illinois, et al. v. Teledyne, Inc., | 14 | | et al. (No. 78 MR 25, Circuit Court, Bureau County, Illinois) | 15 | | shall be held by the State Treasurer separate and apart from | 16 | | all public moneys or funds of the State, and shall be used only | 17 | | as provided in such settlement agreement. | 18 | | (Source: P.A. 95-777, eff. 8-4-08.) | 19 | | Section 45. The Radioactive Waste Tracking and Permitting | 20 | | Act is amended by changing Sections 5, 10, and 15 as follows: | 21 | | (420 ILCS 37/5) | 22 | | Sec. 5. Legislative findings. | 23 | | (a) The General Assembly finds: | 24 | | (1) that a considerable volume of wastes are produced |
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| 1 | | in this State with even greater volumes to be produced in | 2 | | the future; | 3 | | (2) that these wastes pose a significant risk to the | 4 | | public health, safety and welfare of the people of | 5 | | Illinois; and | 6 | | (3) that it is the obligation of the State of Illinois | 7 | | to its citizens to provide for the safe management of the | 8 | | wastes produced within its borders. | 9 | | (b) It is the intent of this Act to authorize the Illinois | 10 | | Emergency Management Agency to establish, by regulation, a | 11 | | tracking system for the regulation of the use of facilities | 12 | | licensed under Section 8 of the Illinois Low-Level Radioactive | 13 | | Waste Management Act. | 14 | | (Source: P.A. 95-777, eff. 8-4-08.) | 15 | | (420 ILCS 37/10) | 16 | | Sec. 10. Definitions. | 17 | | (a) "Agency" or "IEMA-OHS" means the Illinois Emergency | 18 | | Management Agency and Office of Homeland Security, or its | 19 | | successor agency . | 20 | | (b) "Director" means the Director of the Illinois | 21 | | Emergency Management Agency. | 22 | | (c) "Disposal" means the isolation of waste from the | 23 | | biosphere in a permanent facility designed for that purpose. | 24 | | (d) "Facility" means a parcel of land or a site, together | 25 | | with structures, equipment, and improvements on or appurtenant |
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| 1 | | to the land or site, that is used or is being developed for the | 2 | | treatment, storage, or disposal of low-level radioactive | 3 | | waste. | 4 | | (e) "Low-level radioactive waste" or "waste" means | 5 | | radioactive waste not classified as (1) high-level radioactive | 6 | | waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) | 7 | | byproduct material as defined in Sections 11e(2), 11e(3), and | 8 | | 11e(4) of the Atomic Energy Act (42 U.S.C. 2014). This | 9 | | definition shall apply notwithstanding any declaration by the | 10 | | federal government, a state, or any regulatory agency that any | 11 | | radioactive material is exempt from any regulatory control. | 12 | | (e-5) "Nuclear facilities" means nuclear power plants, | 13 | | facilities housing nuclear test and research reactors, | 14 | | facilities for the chemical conversion of uranium, and | 15 | | facilities for the storage of spent nuclear fuel or high-level | 16 | | radioactive waste. | 17 | | (e-10) "Nuclear power plant" or "nuclear steam-generating | 18 | | facility" means a thermal power plant in which the energy | 19 | | (heat) released by the fissioning of nuclear fuel is used to | 20 | | boil water to produce steam. | 21 | | (e-15) "Nuclear power reactor" means an apparatus, other | 22 | | than an atomic weapon, designed or used to sustain nuclear | 23 | | fission in a self-supporting chain reaction. | 24 | | (e-20) "Small modular reactor" or "SMR" means an advanced | 25 | | nuclear reactor: (1) with a rated nameplate capacity of 300 | 26 | | electrical megawatts or less; and (2) that may be constructed |
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| 1 | | and operated in combination with similar reactors at a single | 2 | | site. | 3 | | (f) "Person" means an individual, corporation, business | 4 | | enterprise, or other legal entity, public or private, or any | 5 | | legal successor, representative, agent, or agency of that | 6 | | individual, corporation, business enterprise, or legal entity. | 7 | | (g) "Regional facility" or "disposal facility" means a | 8 | | facility that is located in Illinois and established by | 9 | | Illinois, under designation of Illinois as a host state by the | 10 | | Commission for disposal of waste. | 11 | | (h) "Storage" means the temporary holding of waste for | 12 | | treatment or disposal for a period determined by Agency | 13 | | regulations. | 14 | | (i) "Treatment" means any method, technique, or process, | 15 | | including storage for radioactive decay, that is designed to | 16 | | change the physical, chemical, or biological characteristics | 17 | | or composition of any waste in order to render the waste safer | 18 | | for transport, storage, or disposal, amenable to recovery, | 19 | | convertible to another usable material, or reduced in volume. | 20 | | (Source: P.A. 103-306, eff. 7-28-23.) | 21 | | (420 ILCS 37/15) | 22 | | Sec. 15. Permit requirements for the storage, treatment, | 23 | | and disposal of waste at a disposal facility. | 24 | | (a) Upon adoption of regulations under subsection (c) of | 25 | | this Section, no person shall deposit any low-level |
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| 1 | | radioactive waste at a storage, treatment, or disposal | 2 | | facility in Illinois licensed under Section 8 of the Illinois | 3 | | Low-Level Radioactive Waste Management Act without a permit | 4 | | granted by the Illinois Emergency Management Agency. | 5 | | (b) Upon adoption of regulations under subsection (c) of | 6 | | this Section, no person shall operate a storage, treatment, or | 7 | | disposal facility licensed under Section 8 of the Illinois | 8 | | Low-Level Radioactive Waste Management Act without a permit | 9 | | granted by the Illinois Emergency Management Agency. | 10 | | (c) The Illinois Emergency Management Agency shall adopt | 11 | | regulations providing for the issuance, suspension, and | 12 | | revocation of permits required under subsections (a) and (b) | 13 | | of this Section. The regulations may provide a system for | 14 | | tracking low-level radioactive waste to ensure that waste that | 15 | | other states are responsible for disposing of under federal | 16 | | law does not become the responsibility of the State of | 17 | | Illinois. The regulations shall be consistent with the Federal | 18 | | Hazardous Materials Transportation Act. | 19 | | (d) The Agency may enter into a contract or contracts for | 20 | | operation of the system for tracking low-level radioactive | 21 | | waste as provided in subsection (c) of this Section. | 22 | | (e) A person who violates this Section or any regulation | 23 | | promulgated under this Section shall be subject to a civil | 24 | | penalty, not to exceed $10,000, for each violation. Each day a | 25 | | violation continues shall constitute a separate offense. A | 26 | | person who fails to pay a civil penalty imposed by a regulation |
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| 1 | | adopted under this Section, or any portion of the penalty, is | 2 | | liable in a civil action in an amount not to exceed 4 times the | 3 | | amount imposed and not paid. At the request of the Agency, the | 4 | | Attorney General shall, on behalf of the State, bring an | 5 | | action for the recovery of any civil penalty provided for by | 6 | | this Section. Any civil penalties so recovered shall be | 7 | | deposited in the Low-Level Radioactive Waste Facility Closure, | 8 | | Post-Closure Care and Compensation Fund. | 9 | | (Source: P.A. 95-777, eff. 8-4-08.) | 10 | | Section 50. The Radiation Protection Act of 1990 is | 11 | | amended by changing Sections 4, 11, 14, 24.7, 25.1, and 25.2 as | 12 | | follows: | 13 | | (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4) | 14 | | (Section scheduled to be repealed on January 1, 2027) | 15 | | Sec. 4. Definitions. As used in this Act: | 16 | | (a) "Accreditation" means the process by which the Agency | 17 | | grants permission to persons meeting the requirements of this | 18 | | Act and the Agency's rules and regulations to engage in the | 19 | | practice of administering radiation to human beings. | 20 | | (a-2) "Agency" or "IEMA-OHS" means the Illinois Emergency | 21 | | Management Agency and Office of Homeland Security, or its | 22 | | successor agency . | 23 | | (a-3) "Assistant Director" means the Assistant Director of | 24 | | the Agency. |
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| 1 | | (a-5) "By-product material" means: (1) any radioactive | 2 | | material (except special nuclear material) yielded in or made | 3 | | radioactive by exposure to radiation incident to the process | 4 | | of producing or utilizing special nuclear material; (2) the | 5 | | tailings or wastes produced by the extraction or concentration | 6 | | of uranium or thorium from any ore processed primarily for its | 7 | | source material content, including discrete surface wastes | 8 | | resulting from underground solution extraction processes but | 9 | | not including underground ore bodies depleted by such solution | 10 | | extraction processes; (3) any discrete source of radium-226 | 11 | | that is produced, extracted, or converted after extraction, | 12 | | before, on, or after August 8, 2005, for use for a commercial, | 13 | | medical, or research activity; (4) any material that has been | 14 | | made radioactive by use of a particle accelerator and is | 15 | | produced, extracted, or converted after extraction before, on, | 16 | | or after August 8, 2005, for use for a commercial, medical, or | 17 | | research activity; and (5) any discrete source of naturally | 18 | | occurring radioactive material, other than source material, | 19 | | that is extracted or converted after extraction for use in | 20 | | commercial, medical, or research activity before, on, or after | 21 | | August 8, 2005, and which the U.S. Nuclear Regulatory | 22 | | Commission, in consultation with the Administrator of the | 23 | | Environmental Protection Agency, the Secretary of Energy, the | 24 | | Secretary of Homeland Security, and the head of any other | 25 | | appropriate Federal agency, determines would pose a threat to | 26 | | the public health and safety or the common defense and |
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| 1 | | security similar to the threat posed by a discrete source or | 2 | | radium-226. | 3 | | (b) (Blank). | 4 | | (c) (Blank). | 5 | | (d) "General license" means a license, pursuant to | 6 | | regulations promulgated by the Agency, effective without the | 7 | | filing of an application to transfer, acquire, own, possess or | 8 | | use quantities of, or devices or equipment utilizing, | 9 | | radioactive material, including but not limited to by-product, | 10 | | source or special nuclear materials. | 11 | | (d-1) "Identical in substance" means the regulations | 12 | | promulgated by the Agency would require the same actions with | 13 | | respect to ionizing radiation, for the same group of affected | 14 | | persons, as would federal laws, regulations, or orders if any | 15 | | federal agency, including but not limited to the Nuclear | 16 | | Regulatory Commission, Food and Drug Administration, or | 17 | | Environmental Protection Agency, administered the subject | 18 | | program in Illinois. | 19 | | (d-3) "Mammography" means radiography of the breast | 20 | | primarily for the purpose of enabling a physician to determine | 21 | | the presence, size, location and extent of cancerous or | 22 | | potentially cancerous tissue in the breast. | 23 | | (d-5) "Nuclear facilities" means nuclear power plants, | 24 | | facilities housing nuclear test and research reactors, | 25 | | facilities for the chemical conversion of uranium, and | 26 | | facilities for the storage of spent nuclear fuel or high-level |
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| 1 | | radioactive waste. | 2 | | (d-5.5) "Nuclear power plant" or "nuclear steam-generating | 3 | | facility" means a thermal power plant in which the energy | 4 | | (heat) released by the fissioning of nuclear fuel is used to | 5 | | boil water to produce steam. | 6 | | (d-5.10) "Nuclear power reactor" means an apparatus, other | 7 | | than an atomic weapon, designed or used to sustain nuclear | 8 | | fission in a self-supporting chain reaction. | 9 | | (d-7) "Operator" is an individual, group of individuals, | 10 | | partnership, firm, corporation, association, or other entity | 11 | | conducting the business or activities carried on within a | 12 | | radiation installation. | 13 | | (e) "Person" means any individual, corporation, | 14 | | partnership, firm, association, trust, estate, public or | 15 | | private institution, group, agency, political subdivision of | 16 | | this State, any other State or political subdivision or agency | 17 | | thereof, and any legal successor, representative, agent, or | 18 | | agency of the foregoing, other than the United States Nuclear | 19 | | Regulatory Commission, or any successor thereto, and other | 20 | | than federal government agencies licensed by the United States | 21 | | Nuclear Regulatory Commission, or any successor thereto. | 22 | | "Person" also includes a federal entity (and its contractors) | 23 | | if the federal entity agrees to be regulated by the State or as | 24 | | otherwise allowed under federal law. | 25 | | (f) "Radiation" or "ionizing radiation" means gamma rays | 26 | | and x-rays, alpha and beta particles, high speed electrons, |
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| 1 | | neutrons, protons, and other nuclear particles or | 2 | | electromagnetic radiations capable of producing ions directly | 3 | | or indirectly in their passage through matter; but does not | 4 | | include sound or radio waves or visible, infrared, or | 5 | | ultraviolet light. | 6 | | (f-5) "Radiation emergency" means the uncontrolled release | 7 | | of radioactive material from a radiation installation which | 8 | | poses a potential threat to the public health, welfare, and | 9 | | safety. | 10 | | (g) "Radiation installation" is any location or facility | 11 | | where radiation machines are used or where radioactive | 12 | | material is produced, transported, stored, disposed of, or | 13 | | used for any purpose. | 14 | | (h) "Radiation machine" is any device that produces | 15 | | radiation when in use. | 16 | | (i) "Radioactive material" means any solid, liquid, or | 17 | | gaseous substance which emits radiation spontaneously. | 18 | | (j) "Radiation source" or "source of ionizing radiation" | 19 | | means a radiation machine or radioactive material as defined | 20 | | herein. | 21 | | (j-5) "Small modular reactor" or "SMR" means an advanced | 22 | | nuclear reactor: (1) with a rated nameplate capacity of 300 | 23 | | electrical megawatts or less; and (2) that may be constructed | 24 | | and operated in combination with similar reactors at a single | 25 | | site. | 26 | | (k) "Source material" means (1) uranium, thorium, or any |
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| 1 | | other material which the Agency declares by order to be source | 2 | | material after the United States Nuclear Regulatory | 3 | | Commission, or any successor thereto, has determined the | 4 | | material to be such; or (2) ores containing one or more of the | 5 | | foregoing materials, in such concentration as the Agency | 6 | | declares by order to be source material after the United | 7 | | States Nuclear Regulatory Commission, or any successor | 8 | | thereto, has determined the material in such concentration to | 9 | | be source material. | 10 | | (l) "Special nuclear material" means (1) plutonium, | 11 | | uranium 233, uranium enriched in the isotope 233 or in the | 12 | | isotope 235, and any other material which the Agency declares | 13 | | by order to be special nuclear material after the United | 14 | | States Nuclear Regulatory Commission, or any successor | 15 | | thereto, has determined the material to be such, but does not | 16 | | include source material; or (2) any material artificially | 17 | | enriched by any of the foregoing, but does not include source | 18 | | material. | 19 | | (m) "Specific license" means a license, issued after | 20 | | application, to use, manufacture, produce, transfer, receive, | 21 | | acquire, own, or possess quantities of, or devices or | 22 | | equipment utilizing radioactive materials. | 23 | | (Source: P.A. 95-511, eff. 8-28-07; 95-777, eff. 8-4-08; | 24 | | 96-1041, eff. 7-14-10 .) | 25 | | (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11) |
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| 1 | | (Section scheduled to be repealed on January 1, 2027) | 2 | | Sec. 11. Federal-State Agreements. | 3 | | (1) The Governor, on behalf of this State, is authorized | 4 | | to enter into agreements with the Federal Government providing | 5 | | for discontinuance of certain of the Federal Government's | 6 | | responsibilities with respect to sources of ionizing radiation | 7 | | and the assumption thereof by this State, including, but not | 8 | | limited to, agreements concerning by-product material as | 9 | | defined in Section 11(e)(2) of the Atomic Energy Act of 1954, | 10 | | 42 U.S.C. 2014(e)(2). | 11 | | (2) Any person who, on the effective date of an agreement | 12 | | under subsection (1) above, possesses a license issued by the | 13 | | Federal Government governing activities for which the Federal | 14 | | Government, pursuant to such agreement, is transferring its | 15 | | responsibilities to this State shall be deemed to possess the | 16 | | same pursuant to a license issued under this Act, which shall | 17 | | expire 90 days after receipt from the Department of Nuclear | 18 | | Safety (or its successor agency, the Illinois Emergency | 19 | | Management Agency) of a notice of expiration of such license, | 20 | | or on the date of expiration specified in the Federal license, | 21 | | whichever is earlier. | 22 | | (3) At such time as Illinois enters into a Federal-State | 23 | | Agreement in accordance with the provisions of this Act, the | 24 | | Agency shall license and collect license fees from persons | 25 | | operating radiation installations, including installations | 26 | | involving the use or possession of by-product material as |
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| 1 | | defined in subsection (a-5)(2) of Section 4 and installations | 2 | | having such devices or equipment utilizing or producing | 3 | | radioactive materials but licensure shall not apply to any | 4 | | x-ray machine, including those located in an office of a | 5 | | licensed physician or dentist. The Agency may also collect | 6 | | license fees from persons authorized by the Agency to engage | 7 | | in decommissioning and decontamination activities at radiation | 8 | | installations including installations licensed to use or | 9 | | possess by-product material as defined in subsection (a-5)(2) | 10 | | of Section 4. The license fees collected from persons | 11 | | authorized to use or possess by-product material as defined in | 12 | | subsection (a-5)(2) of Section 4 or to engage in | 13 | | decommissioning and decontamination activities at radiation | 14 | | installations where such by-product material is used or | 15 | | possessed may include fees sufficient to cover the expenses | 16 | | incurred by the Department in conjunction with monitoring | 17 | | unlicensed properties contaminated with by-product material as | 18 | | defined in subsection (a-5)(2) of Section 4 and overseeing the | 19 | | decontamination of such unlicensed properties. | 20 | | The Agency may impose fees for termination of licenses | 21 | | including, but not limited to, licenses for refining uranium | 22 | | mill concentrates to uranium hexafluoride; licenses for | 23 | | possession and use of source material at ore buying stations, | 24 | | at ion exchange facilities and at facilities where ore is | 25 | | processed to extract metals other than uranium or thorium; and | 26 | | licenses authorizing the use or possession of by-product |
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| 1 | | material as defined in subsection (a-5)(2) of Section 4. The | 2 | | Agency may also set license fees for licenses which authorize | 3 | | the distribution of devices, products, or sealed sources | 4 | | involved in the production, utilization, or containment of | 5 | | radiation. After a public hearing before the Agency, the fees | 6 | | and collection procedures shall be prescribed under rules and | 7 | | regulations for protection against radiation hazards | 8 | | promulgated under this Act. | 9 | | (4) The Agency is authorized to enter into agreements | 10 | | related to the receipt and expenditure of federal grants and | 11 | | other funds to provide assistance to states and compact | 12 | | regions in fulfilling responsibilities under the federal | 13 | | Low-Level Radioactive Waste Policy Act, as amended. | 14 | | (Source: P.A. 94-104, eff. 7-1-05 .) | 15 | | (420 ILCS 40/14) (from Ch. 111 1/2, par. 210-14) | 16 | | (Section scheduled to be repealed on January 1, 2027) | 17 | | Sec. 14. Radiation Protection Advisory Council. There | 18 | | shall be created a Radiation Protection Advisory Council | 19 | | consisting of 7 members to be appointed by the Governor on the | 20 | | basis of demonstrated interest in and capacity to further the | 21 | | purposes of this Act and who shall broadly reflect the varied | 22 | | interests in and aspects of atomic energy and ionizing | 23 | | radiation within the State. The Director of the Department of | 24 | | Labor and the Chairman of the Commerce Commission or their | 25 | | representatives shall be ex-officio members of the Council. |
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| 1 | | Each member of the Council shall be appointed for a 4 year | 2 | | term and shall continue to serve until a successor is | 3 | | appointed. Any member appointed to fill a vacancy occurring | 4 | | prior to the expiration of the term for which his or her | 5 | | predecessor was appointed shall continue to serve until a | 6 | | successor is appointed. The Chairman of the Council shall be | 7 | | selected by and from the Council membership. The Council | 8 | | members shall serve without compensation but shall be | 9 | | reimbursed for their actual expenses incurred in line of duty. | 10 | | The Council shall meet as often as the Chairman deems | 11 | | necessary, but upon request of 4 or more members it shall be | 12 | | the duty of the Chairman to call a meeting of the Council. | 13 | | It shall be the duty of the Council to assist in the | 14 | | formulation of and to review the policies and program of the | 15 | | Agency as developed under authority of this Act and to make | 16 | | recommendations thereon and to provide the Agency with such | 17 | | technical advice and assistance as may be requested. The | 18 | | Council may employ such professional, technical, clerical and | 19 | | other assistants, without regard to the civil service laws or | 20 | | the "Personnel Code" of this State, as it deems necessary to | 21 | | carry out its duties. | 22 | | Individuals who serve on advisory boards of the Department | 23 | | of Nuclear Safety or its successor agency, the Illinois | 24 | | Emergency Management Agency, shall be defended by the Attorney | 25 | | General and indemnified for all actions alleging a violation | 26 | | of any duty arising within the scope of their service on such |
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| 1 | | board. Nothing contained herein shall be deemed to afford | 2 | | defense or indemnification for any willful or wanton violation | 3 | | of law. Such defense and indemnification shall be afforded in | 4 | | accordance with the terms and provisions of the State Employee | 5 | | Indemnification Act. | 6 | | (Source: P.A. 94-104, eff. 7-1-05 .) | 7 | | (420 ILCS 40/24.7) | 8 | | (Section scheduled to be repealed on January 1, 2027) | 9 | | Sec. 24.7. Registration requirement; fees. Beginning | 10 | | January 1, 2000, the Department of Nuclear Safety or its | 11 | | successor agency, the Illinois Emergency Management Agency, is | 12 | | authorized to require every operator of a radiation | 13 | | installation to register the installation with the Department | 14 | | or the Agency before the installation is placed in operation. | 15 | | The Agency is authorized to exempt certain radiation sources | 16 | | from registration by rule when the Agency makes a | 17 | | determination that the exemption of such sources will not | 18 | | constitute a significant risk to health and safety of the | 19 | | public. Whenever there is a change in a radiation installation | 20 | | that affects the registration information provided to the | 21 | | Department or the Agency, including discontinuation of use or | 22 | | disposition of radiation sources, the operator of such | 23 | | installation shall, within 30 days, give written notice to the | 24 | | Department or the Agency detailing the change. | 25 | | Beginning January 1, 2000, every radiation installation |
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| 1 | | operator using radiation machines shall register annually in a | 2 | | manner and form prescribed by the Department of Nuclear Safety | 3 | | or its successor agency, the Illinois Emergency Management | 4 | | Agency, and shall pay the Department or the Agency an annual | 5 | | registration fee for each radiation machine. The Agency shall | 6 | | by rule establish the annual registration fee to register and | 7 | | inspect radiation installations based on the type of facility | 8 | | and equipment possessed by the registrant. The Agency shall | 9 | | bill the operator for the registration fee as soon as | 10 | | practical after January 1. The registration fee shall be due | 11 | | and payable within 60 days of the date of billing. If after 60 | 12 | | days the registration fee is not paid, the Agency may issue an | 13 | | order directing the operator of the installation to cease use | 14 | | of all radiation machines or take other appropriate | 15 | | enforcement action as provided in Section 36 of this Act. Fees | 16 | | collected under this Section are not refundable. | 17 | | Registration of any radiation installation shall not imply | 18 | | approval of manufacture, storage, use, handling, operation, or | 19 | | disposal of radiation sources, but shall serve merely as | 20 | | notice to the Agency of the location and character of | 21 | | radiation sources in this State. | 22 | | (Source: P.A. 94-104, eff. 7-1-05 .) | 23 | | (420 ILCS 40/25.1) | 24 | | (Section scheduled to be repealed on January 1, 2027) | 25 | | Sec. 25.1. Each individual responsible for implementing a |
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| 1 | | comprehensive radiation protection program for all hospitals | 2 | | and other facilities using mammography, computed tomography | 3 | | (CT), or therapeutic radiation machines shall register with | 4 | | the Department of Nuclear Safety or its successor agency, the | 5 | | Illinois Emergency Management Agency. Application for | 6 | | registration shall be made on a form prescribed by the Agency | 7 | | and shall be accompanied by the required application fee. The | 8 | | Agency shall approve the application and register an | 9 | | individual if the individual satisfies criteria established by | 10 | | rule of the Agency. The Agency shall assess registered | 11 | | individuals an annual registration fee. The Agency shall | 12 | | establish by rule application and registration fees. The | 13 | | application and registration fees shall not be refundable. | 14 | | (Source: P.A. 96-1041, eff. 7-14-10 .) | 15 | | (420 ILCS 40/25.2) | 16 | | (Section scheduled to be repealed on January 1, 2027) | 17 | | Sec. 25.2. Installation and servicing of radiation | 18 | | machines. | 19 | | (a) Beginning January 1, 2002, a service provider who | 20 | | installs or services radiation machines in the State of | 21 | | Illinois must register with the Department of Nuclear Safety | 22 | | or its successor agency, the Illinois Emergency Management | 23 | | Agency. An operator of a radiation installation that is | 24 | | registered under Section 24.7 is not required to register | 25 | | under this Section to service the radiation machines that it |
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| 1 | | owns or leases. | 2 | | (b) A service provider who installs a radiation machine in | 3 | | the State of Illinois must report the installation to the | 4 | | Agency. | 5 | | (c) A service provider who services a radiation machine in | 6 | | a radiation installation in the State of Illinois that is not | 7 | | registered under Section 24.7 must report the service to the | 8 | | Agency. | 9 | | (d) The Agency is authorized to adopt rules to implement | 10 | | this Section, including rules assessing application and annual | 11 | | registration fees. Application and registration fees are not | 12 | | refundable. | 13 | | (Source: P.A. 94-104, eff. 7-1-05 .) | 14 | | Section 55. The Uranium and Thorium Mill Tailings Control | 15 | | Act is amended by changing Section 10 as follows: | 16 | | (420 ILCS 42/10) | 17 | | Sec. 10. Definitions. As used in this Act: | 18 | | "Agency" or "IEMA-OHS" means the Illinois Emergency | 19 | | Management Agency and Office of Homeland Security, or its | 20 | | successor agency . | 21 | | "By-product material" means the tailings or wastes | 22 | | produced by the extraction or concentration of uranium or | 23 | | thorium from any ore processed primarily for its source | 24 | | material content, including discrete surface wastes resulting |
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| 1 | | from underground solution extraction processes but not | 2 | | including underground ore bodies depleted by such solution | 3 | | extraction processes. | 4 | | "Director" means the Director of the Illinois Emergency | 5 | | Management Agency. | 6 | | "Nuclear facilities" means nuclear power plants, | 7 | | facilities housing nuclear test and research reactors, | 8 | | facilities for the chemical conversion of uranium, and | 9 | | facilities for the storage of spent nuclear fuel or high-level | 10 | | radioactive waste. | 11 | | "Nuclear power plant" or "nuclear steam-generating | 12 | | facility" means a thermal power plant in which the energy | 13 | | (heat) released by the fissioning of nuclear fuel is used to | 14 | | boil water to produce steam. | 15 | | "Nuclear power reactor" means an apparatus, other than an | 16 | | atomic weapon, designed or used to sustain nuclear fission in | 17 | | a self-supporting chain reaction. | 18 | | "Person" means any individual, corporation, partnership, | 19 | | firm, association, trust, estate, public or private | 20 | | institution, group, agency, political subdivision of this | 21 | | State, any other State or political subdivision or agency | 22 | | thereof, and any legal successor, representative, agent, or | 23 | | agency of the foregoing, other than the United States Nuclear | 24 | | Regulatory Commission, or any successor thereto, and other | 25 | | than federal government agencies licensed by the United States | 26 | | Nuclear Regulatory Commission, or any successor thereto. |
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| 1 | | "Radiation emergency" means the uncontrolled release of | 2 | | radioactive material from a radiation installation that poses | 3 | | a potential threat to the public health, welfare, and safety. | 4 | | "Small modular reactor" or "SMR" means an advanced nuclear | 5 | | reactor: (1) with a rated nameplate capacity of 300 electrical | 6 | | megawatts or less; and (2) that may be constructed and | 7 | | operated in combination with similar reactors at a single | 8 | | site. | 9 | | "Source material" means (i) uranium, thorium, or any other | 10 | | material that the Agency declares by order to be source | 11 | | material after the United States Nuclear Regulatory Commission | 12 | | or its successor has determined the material to be source | 13 | | material; or (ii) ores containing one or more of those | 14 | | materials in such concentration as the Agency declares by | 15 | | order to be source material after the United States Nuclear | 16 | | Regulatory Commission or its successor has determined the | 17 | | material in such concentration to be source material. | 18 | | "Specific license" means a license, issued after | 19 | | application, to use, manufacture, produce, transfer, receive, | 20 | | acquire, own, or possess quantities of radioactive materials | 21 | | or devices or equipment utilizing radioactive materials. | 22 | | (Source: P.A. 95-777, eff. 8-4-08.) | 23 | | Section 60. The Radon Industry Licensing Act is amended by | 24 | | changing Sections 10 and 15 as follows: |
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| 1 | | (420 ILCS 44/10) | 2 | | Sec. 10. Primary responsibility with Illinois Emergency | 3 | | Management Agency. The Illinois Emergency Management Agency | 4 | | shall have primary responsibility for coordination, oversight, | 5 | | and implementation of all State functions in matters | 6 | | concerning the presence, effects, measurement, and mitigation | 7 | | of risks of radon and radon progeny in dwellings and other | 8 | | buildings. The Department of Natural Resources, the | 9 | | Environmental Protection Agency, the Department of Public | 10 | | Health, and other State agencies shall consult and cooperate | 11 | | with the Agency as requested and as necessary to fulfill the | 12 | | purposes of this Act. | 13 | | (Source: P.A. 94-369, eff. 7-29-05.) | 14 | | (420 ILCS 44/15) | 15 | | Sec. 15. Definitions. As used in this Act, unless the | 16 | | context requires otherwise: | 17 | | (a) "Agency" or "IEMA-OHS" means the Illinois Emergency | 18 | | Management Agency and Office of Homeland Security, or its | 19 | | successor agency . | 20 | | (b) "Client" means any person who contracts for | 21 | | measurement or mitigation services. | 22 | | (c) "Director" means the Director of the Illinois | 23 | | Emergency Management Agency. | 24 | | (d) "Interfere" means to adversely or potentially | 25 | | adversely impact the successful completion of an indoor radon |
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| 1 | | measurement by changing the radon or radon progeny | 2 | | concentrations or altering the performance of measurement | 3 | | equipment or an indoor radon mitigation system installation or | 4 | | operation. | 5 | | (e) "Laboratory analysis" means the act of analyzing the | 6 | | radon or radon progeny concentrations with passive devices, or | 7 | | the act of calibrating radon or radon progeny measurement | 8 | | devices, or the act of exposing radon or radon progeny devices | 9 | | to known concentrations of radon or radon progeny as a | 10 | | compensated service. | 11 | | (f) "Mitigation" means the act of repairing or altering a | 12 | | building or building design for the purpose in whole or in part | 13 | | of reducing the concentration of radon in the indoor | 14 | | atmosphere. | 15 | | (g) "Person" means entities, including, but not limited | 16 | | to, an individual, company, corporation, firm, group, | 17 | | association, partnership, joint venture, trust, or government | 18 | | agency or subdivision. | 19 | | (h) "Radon" means a gaseous radioactive decay product of | 20 | | uranium or thorium. | 21 | | (i) "Radon contractor" or "contractor" means a person | 22 | | licensed to perform radon or radon progeny mitigation or to | 23 | | perform measurements of radon or radon progeny in an indoor | 24 | | atmosphere. | 25 | | (j) "Radon progeny" means any combination of the | 26 | | radioactive decay products of radon. |
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| 1 | | (Source: P.A. 94-369, eff. 7-29-05.) | 2 | | Section 65. The Laser System Act of 1997 is amended by | 3 | | changing Sections 15 and 60 as follows: | 4 | | (420 ILCS 56/15) | 5 | | Sec. 15. Definitions. For the purposes of this Act, unless | 6 | | the context requires otherwise: | 7 | | "Agency" or "IEMA-OHS" means the Illinois Emergency | 8 | | Management Agency and Office of Homeland Security, or its | 9 | | successor agency . | 10 | | "Director" means the Director of the Illinois Emergency | 11 | | Management Agency. | 12 | | "FDA" means the Food and Drug Administration of the United | 13 | | States Department of Health and Human Services. | 14 | | "Laser installation" means a location or facility where | 15 | | laser systems are produced, stored, disposed of, or used for | 16 | | any purpose. "Laser installation" does not include any private | 17 | | residence. | 18 | | "Laser installation operator" means an individual, group | 19 | | of individuals, partnership, firm, corporation, association, | 20 | | or other entity conducting any business or activity within a | 21 | | laser installation. | 22 | | "Laser machine" means a device that is capable of | 23 | | producing or projecting laser radiation when associated | 24 | | controlled devices are operated. |
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| 1 | | "Laser radiation" means an electromagnetic radiation | 2 | | emitted from a laser system and includes all reflected | 3 | | radiation, any secondary radiation, or other forms of energy | 4 | | resulting from the primary laser beam. | 5 | | "Laser safety officer" means an individual who is | 6 | | qualified by training and experience in the evaluation and | 7 | | control of laser hazards, as evidenced by satisfaction of the | 8 | | training and experience requirements adopted by the Agency | 9 | | under subsection (b) of Section 16, and who is designated, | 10 | | where required by Sections 16 and 17, by a laser installation | 11 | | operator or temporary laser display operator to have the | 12 | | authority and responsibility to establish and administer a | 13 | | laser radiation protection program for a particular laser | 14 | | installation or temporary laser display. | 15 | | "Laser system" means a device, laser projector, laser | 16 | | machine, equipment, or other apparatus that applies a source | 17 | | of energy to a gas, liquid, crystal, or other solid substances | 18 | | or combination thereof in a manner that electromagnetic | 19 | | radiations of a relatively uniform wave length are amplified | 20 | | and emitted in a cohesive beam capable of transmitting the | 21 | | energy developed in a manner that may be harmful to living | 22 | | tissues, including, but not limited to, electromagnetic waves | 23 | | in the range of visible, infrared, or ultraviolet light. Such | 24 | | systems in schools, colleges, occupational schools, and State | 25 | | colleges and other State institutions are also included in the | 26 | | definition of "laser systems". "Laser system" includes laser |
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| 1 | | machines but does not include any device, machine, equipment, | 2 | | or other apparatus used in the provision of communications | 3 | | through fiber optic cable. | 4 | | "Nuclear facilities" means nuclear power plants, | 5 | | facilities housing nuclear test and research reactors, | 6 | | facilities for the chemical conversion of uranium, and | 7 | | facilities for the storage of spent nuclear fuel or high-level | 8 | | radioactive waste. | 9 | | "Nuclear power plant" or "nuclear steam-generating | 10 | | facility" means a thermal power plant in which the energy | 11 | | (heat) released by the fissioning of nuclear fuel is used to | 12 | | boil water to produce steam. | 13 | | "Nuclear power reactor" means an apparatus, other than an | 14 | | atomic weapon, designed or used to sustain nuclear fission in | 15 | | a self-supporting chain reaction. | 16 | | "Small modular reactor" or "SMR" means an advanced nuclear | 17 | | reactor: (1) with a rated nameplate capacity of 300 electrical | 18 | | megawatts or less; and (2) that may be constructed and | 19 | | operated in combination with similar reactors at a single | 20 | | site. | 21 | | "Temporary laser display" means a visual effect display | 22 | | created for a limited period of time at a laser installation by | 23 | | a laser system that is not a permanent fixture in the laser | 24 | | installation for the entertainment of the public or invitees, | 25 | | regardless of whether admission is charged or whether the | 26 | | laser display takes place indoors or outdoors. |
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| 1 | | "Temporary laser display operator" means an individual, | 2 | | group of individuals, partnership, firm, corporation, | 3 | | association, or other entity conducting a temporary laser | 4 | | display at a laser installation. | 5 | | (Source: P.A. 102-558, eff. 8-20-21; 103-277, eff. 7-28-23.) | 6 | | (420 ILCS 56/60) | 7 | | Sec. 60. Illinois Administrative Procedure Act. The | 8 | | provisions of the Illinois Administrative Procedure Act are | 9 | | hereby expressly adopted and shall apply to all administrative | 10 | | rules and procedures of the Illinois Emergency Management | 11 | | Agency under this Act, except that Section 5 of the Illinois | 12 | | Administrative Procedure Act relating to procedures for | 13 | | rulemaking does not apply to the adoption of any rule required | 14 | | by federal law in connection with which the Agency is | 15 | | precluded from exercising any discretion. | 16 | | (Source: P.A. 95-777, eff. 8-4-08.) |
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