Full Text of HB7181 93rd General Assembly
HB7181sam002 93RD GENERAL ASSEMBLY
|
Sen. Rickey R. Hendon
Filed: 5/27/2004
|
|
09300HB7181sam002 |
|
LRB093 16374 RCE 51758 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 7181
| 2 |
| AMENDMENT NO. ______. Amend House Bill 7181, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The State Finance Act is amended by adding | 6 |
| Section 8.43 as follows: | 7 |
| (30 ILCS 105/8.43 new) | 8 |
| Sec. 8.43. Special fund transfers. | 9 |
| (a) In order to maintain the integrity of special funds, | 10 |
| enhance the Budget Stabilization Fund, and improve stability in | 11 |
| the General Revenue Fund, the following transfers are | 12 |
| authorized from the designated funds into the Budget | 13 |
| Stabilization Fund:
| 14 |
| FARMER AND AGRIBUSINESS LOAN GUARANTEE FUND ........$2,000,000 | 15 |
| NATURAL AREAS ACQUISITION FUND ...............$3,400,000 | 16 |
| OPEN SPACE LANDS ACQUISITION | 17 |
| AND DEVELOPMENT FUND ..............................$22,750,000 | 18 |
| SECRETARY OF STATE SPECIAL LICENSE | 19 |
| PLATE FUND ...........................................$856,000 | 20 |
| SECURITIES INVESTORS EDUCATION FUND ..........$3,271,000 | 21 |
| SECURITIES AUDIT & ENFORCEMENT FUND .........$17,014,000 | 22 |
| DEPARTMENT OF BUSINESS SERVICES SPECIAL | 23 |
| OPERATIONS FUND ......................................$524,000 | 24 |
| SECRETARY OF STATE SPECIAL SERVICES FUND .............$600,000 |
|
|
|
09300HB7181sam002 |
- 2 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| SECRETARY OF STATE DUI ADMINISTRATION FUND ..........$582,000 | 2 |
| FOOD & DRUG SAFETY FUND ........................$817,000 | 3 |
| TRANSPORTATION REGULATORY FUND ....................$2,379,000 | 4 |
| FINANCIAL INSTITUTION FUND ...................$2,003,000 | 5 |
| GENERAL PROFESSIONS DEDICATED FUND ...............$497,000 | 6 |
| DRIVERS EDUCATION FUND ...................$2,967,000 | 7 |
| STATE BOATING ACT FUND ..................$1,072,000 | 8 |
| STATE PARKS FUND ........................$2,817,000 | 9 |
| AGRICULTURAL PREMIUM FUND .......................$7,777,000 | 10 |
| FIRE PREVENTION FUND ...........................$19,850,000 | 11 |
| ILLINOIS STATE PHARMACY DISCIPLINARY FUND .$4,377,000 | 12 |
| PUBLIC UTILITY FUND .......................$8,202,000 | 13 |
| RADIATION PROTECTION FUND ........................$750,000 | 14 |
| SOLID WASTE MANAGEMENT FUND ...............$9,084,000 | 15 |
| SUBTITLE D MANAGEMENT FUND ........................$3,006,000 | 16 |
| ILLINOIS STATE MEDICAL DISCIPLINARY FUND .........$7,365,000 | 17 |
| DEPARTMENT OF CHILDREN AND FAMILY SERVICES | 18 |
| TRAINING FUND ......................................$4,000,000 | 19 |
| NEW TECHNOLOGY RECOVERY FUND ....................$1,200,000 | 20 |
| PLUGGING AND RESTORATION FUND .......... $1,255,000 | 21 |
| REGISTERED CERTIFIED PUBLIC ACCOUNTANTS | 22 |
| ADMINISTRATION AND DISCIPLINARY FUND ..............$819,000 | 23 |
| WEIGHTS AND MEASURES FUND ................... $1,800,000 | 24 |
| SOLID WASTE MANAGEMENT REVOLVING LOAN FUND ...........$647,000 | 25 |
| RESPONSE CONTRACTORS INDEMNIFICATION FUND ............$107,000 | 26 |
| BROWNFIELDS REDEVELOPMENT FUND .........$5,100,000 | 27 |
| CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND ......$1,229,000 | 28 |
| PROFESSIONS INDIRECT COST FUND ....................$39,000 | 29 |
| ILLINOIS HEALTH FACILITIES PLANNING FUND .......$2,351,000 | 30 |
| CREDIT UNION FUND ........................$4,372,000 | 31 |
| SAVINGS AND RESIDENTIAL FINANCE REGULATORY | 32 |
| FUND ..............................................$4,045,000 | 33 |
| FAIR AND EXPOSITION FUND .........................$2,913,000 | 34 |
| NURSING DEDICATED AND PROFESSIONAL FUND ............$2,650,000 |
|
|
|
09300HB7181sam002 |
- 3 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| OPTOMETRIC LICENSING AND DISCIPLINARY | 2 |
| BOARD FUND .........................................$1,121,000 | 3 |
| STATE RAIL FREIGHT LOAN REPAYMENT FUND .....$3,500,000 | 4 |
| ILLINOIS TAX INCREMENT FUND ..................$1,500,000 | 5 |
| COMMUNITY WATER SUPPLY LABORATORY FUND ............$1,876,000 | 6 |
| USED TIRE MANAGEMENT FUND .......................$3,278,000 | 7 |
| ILLINOIS COMMUNITY COLLEGE BOARD CONTRACTS | 8 |
| AND GRANTS FUND ..............................$404,000 | 9 |
| AUDIT EXPENSE FUND ..........................$1,237,000 | 10 |
| IMSA SPECIAL PURPOSES TRUST FUND ..................$1,000,000 | 11 |
| DRUG TREATMENT FUND ..............................$1,379,000 | 12 |
| PLUMBING LICENSURE AND PROGRAM FUND .......$1,400,000 | 13 |
| INSURANCE PREMIUM TAX REFUND FUND .................$2,500,000 | 14 |
| CORPORATE FRANCHISE TAX REFUND FUND .............$1,650,000 | 15 |
| TAX COMPLIANCE AND ADMINISTRATION FUND ............$9,513,000 | 16 |
| APPRAISAL ADMINISTRATION FUND ......................$1,107,000 | 17 |
| EARLY INTERVENTION SERVICES REVOLVING FUND ..$6,392,000 | 18 |
| STATE ASSET FORFEITURE FUND ............ $1,500,000 | 19 |
| FEDERAL ASSET FORFEITURE FUND ................$3,943,000 | 20 |
| DEPARTMENT OF CORRECTIONS REIMBURSEMENT | 21 |
| AND EDUCATION FUND ................................$14,500,000 | 22 |
| LEADS MAINTENANCE FUND .......$2,000,000 | 23 |
| STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND ........$250,000 | 24 |
| PUBLIC PENSION REGULATION FUND ................$923,000 | 25 |
| DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND .$5,457,000 | 26 |
| WORKFORCE, TECHNOLOGY, AND ECONOMIC | 27 |
| DEVELOPMENT FUND ..................................$1,500,000 | 28 |
| RENEWABLE ENERGY RESOURCES TRUST FUND ...$9,510,000 | 29 |
| ENERGY EFFICIENCY TRUST FUND .............$3,040,000 | 30 |
| CONSERVATION 2000 FUND ...................$7,439,000 | 31 |
| FUND FOR ILLINOIS' FUTURE .........................$29,900,000 | 32 |
| HORSE RACING FUND .........................$2,500,000 | 33 |
| DEATH CERTIFICATE SURCHARGE FUND ................$500,000 | 34 |
| STATE POLICE WIRELESS SERVICE EMERGENCY FUND .$500,000 |
|
|
|
09300HB7181sam002 |
- 4 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| WHISTLEBLOWER REWARD AND PROTECTION FUND ...........$750,000 | 2 |
| ILLINOIS THOROUGHBRED BREEDERS FUND .................$700,000 | 3 |
| TOBACCO SETTLEMENT RECOVERY FUND .................$19,300,000 | 4 |
| PRESIDENTIAL LIBRARY AND MUSEUM FUND ......$500,000 | 5 |
| BANK AND TRUST COMPANY FUND .....................$3,951,000 | 6 |
| MEDICAL SPECIAL PURPOSES TRUST FUND ..........$967,000 | 7 |
| DRAM SHOP FUND ...................................$1,517,000 | 8 |
| ILLINOIS STATE DENTAL DISCIPLINARY FUND ..........$102,000 | 9 |
| HAZARDOUS WASTE FUND ....................$1,500,000 | 10 |
| REAL ESTATE LICENSE ADMINISTRATION FUND ...........$2,370,000 | 11 |
| CRIMINAL JUSTICE INFORMATION SYSTEMS | 12 |
| TRUST FUND ........................................$1,200,000 | 13 |
| DESIGN PROFESSIONALS ADMINISTRATION AND | 14 |
| INVESTIGATION FUND ............................$1,172,000 | 15 |
| ILLINOIS FORESTRY DEVELOPMENT FUND .........$1,257,000 | 16 |
| STATE POLICE SERVICES FUND .........................$250,000 | 17 |
| METABOLIC SCREENING AND TREATMENT FUND ........$3,435,000 | 18 |
| INSURANCE PRODUCER ADMINISTRATION FUND .........$12,727,000 | 19 |
| LOW-LEVEL RADIOACTIVE WASTE FACILITY | 20 |
| DEVELOPMENT AND OPERATION FUND ............$2,202,000 | 21 |
| LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE,
| 22 |
| POST-CLOSURE CARE AND COMPENSATION FUND ......$6,000,000 | 23 |
| ENVIRONMENTAL PROTECTION PERMIT AND | 24 |
| INSPECTION FUND ...............................$874,000 | 25 |
| PARK AND CONSERVATION FUND ........................$8,813,000 | 26 |
| PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN | 27 |
| REVOLVING FUND ..................................$1,822,000 | 28 |
| INSURANCE FINANCIAL REGULATION FUND ........$2,992,000 | 29 |
| LOBBYIST REGISTRATION ADMINISTRATION FUND ..........$327,000 | 30 |
| DIVISION OF CORPORATIONS REGISTERED | 31 |
| LIMITED LIABILITY PARTNERSHIP FUND ............$356,000 | 32 |
| WORKING CAPITAL REVOLVING FUND | 33 |
| (30 ILCS 105/6) ...................................$10,000,000 | 34 |
| MOTOR VEHICLE REVIEW BOARD FUND ...................$673,000 |
|
|
|
09300HB7181sam002 |
- 5 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| ILLINOIS AGRICULTURAL LOAN GUARANTEE FUND .........$3,000,000 | 2 |
| All of these transfers shall be made on July 1, 2004, or as | 3 |
| soon thereafter as practical. These transfers shall be made | 4 |
| notwithstanding any other provision of State law to the | 5 |
| contrary. | 6 |
| (b) On and after July 1, 2004 through June 30, 2005, when | 7 |
| any of the funds listed in subsection (a) have insufficient | 8 |
| cash from which the State Comptroller may make expenditures | 9 |
| properly supported by appropriations from the fund, then the | 10 |
| State Treasurer and State Comptroller shall transfer from the | 11 |
| General Revenue Fund to the fund only such amount as is | 12 |
| immediately necessary to satisfy outstanding expenditure | 13 |
| obligations on a timely basis, subject to the provisions of the | 14 |
| State Prompt Payment Act. Any amounts transferred from the | 15 |
| General Revenue Fund to a fund pursuant to this subsection (b) | 16 |
| from time to time shall be re-transferred by the State | 17 |
| Comptroller and the State Treasurer from the receiving fund | 18 |
| into the General Revenue Fund as soon as and to the extent that | 19 |
| deposits are made into or receipts are collected by the | 20 |
| receiving fund. In all events, the full amounts of all | 21 |
| transfers from the General Revenue Fund to receiving funds | 22 |
| shall be re-transferred to the General Revenue Fund no later | 23 |
| than June 30, 2005.
| 24 |
| (c) The sum of $25,277,000 shall be transferred from the | 25 |
| Unclaimed Property Trust Fund (765 ILCS 1028/18) to the State | 26 |
| Pensions Fund on July 1, 2004, or as soon thereafter as | 27 |
| practical. | 28 |
| The sum of $92,370,000 shall be transferred, pursuant to | 29 |
| appropriation, from the State Pensions Fund to the designated | 30 |
| retirement systems (as defined in Section 8.12 of the State | 31 |
| Finance Act) on July 1, 2004, or as soon thereafter as | 32 |
| practical. This transfer is intended to be all or part of the | 33 |
| transfer required under Section 8.12 of the State Finance Act | 34 |
| for fiscal year 2005.
|
|
|
|
09300HB7181sam002 |
- 6 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| (d) The sum of $49,775,000 shall be transferred from the | 2 |
| School Technology Revolving Loan Fund to the Common School Fund | 3 |
| on July 1, 2004, or as soon thereafter as practical, | 4 |
| notwithstanding any other provision of State law to the | 5 |
| contrary.
| 6 |
| Section 10. The Illinois Low-Level Radioactive Waste | 7 |
| Management Act is amended by changing Section 13 as follows:
| 8 |
| (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
| 9 |
| Sec. 13. Waste fees.
| 10 |
| (a) The Department shall collect a fee from each generator | 11 |
| of low-level
radioactive wastes in this State. Except as | 12 |
| provided in subsections (b), (c),
and (d), the amount of the | 13 |
| fee shall be $50.00 or the following amount,
whichever is | 14 |
| greater:
| 15 |
| (1) $1 per cubic foot of waste shipped for storage, | 16 |
| treatment or disposal
if storage of the waste for shipment | 17 |
| occurred prior to September 7, 1984;
| 18 |
| (2) $2 per cubic foot of waste stored for shipment if | 19 |
| storage of the
waste occurs on or after September 7, 1984, | 20 |
| but prior to October 1, 1985;
| 21 |
| (3) $3 per cubic foot of waste stored for shipment if | 22 |
| storage of the
waste occurs on or after October 1, 1985;
| 23 |
| (4) $2 per cubic foot of waste shipped for storage, | 24 |
| treatment or
disposal if storage of the waste for shipment | 25 |
| occurs on or after September
7, 1984 but prior to October | 26 |
| 1, 1985, provided that no fee has been collected
previously | 27 |
| for storage of the waste;
| 28 |
| (5) $3 per cubic foot of waste shipped for storage, | 29 |
| treatment or
disposal if storage of the waste for shipment | 30 |
| occurs on or after October
1, 1985, provided that no fees | 31 |
| have been collected previously for storage
of the waste.
| 32 |
| Such fees shall be collected annually or as determined by |
|
|
|
09300HB7181sam002 |
- 7 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| the Department and
shall be deposited in the low-level | 2 |
| radioactive waste funds as provided in
Section 14 of this Act. | 3 |
| Notwithstanding any other provision of this Act, no
fee under | 4 |
| this
Section shall be collected from a generator for waste | 5 |
| generated incident to
manufacturing before December 31, 1980, | 6 |
| and shipped for disposal outside
of this State before December | 7 |
| 31, 1992, as part of a site reclamation
leading to license | 8 |
| termination.
| 9 |
| (b) Each nuclear power reactor in this State for which an | 10 |
| operating
license has been issued by the Nuclear Regulatory | 11 |
| Commission shall not be
subject to the fee required by | 12 |
| subsection (a) with respect to (1) waste
stored for shipment if | 13 |
| storage of the waste occurs on or after January
1, 1986; and | 14 |
| (2) waste shipped for storage, treatment or disposal if storage
| 15 |
| of the waste for shipment occurs on or after January 1, 1986. | 16 |
| In lieu of
the fee, each reactor shall be required to pay an | 17 |
| annual fee as provided in
this subsection for the
treatment, | 18 |
| storage and disposal of low-level radioactive waste. Beginning
| 19 |
| with State fiscal year 1986 and through State fiscal year 1997, | 20 |
| fees shall be
due and payable on January 1st of each year.
For | 21 |
| State fiscal year 1998 and all subsequent State fiscal years, | 22 |
| fees shall
be due and payable on July 1 of each fiscal year. | 23 |
| The fee due on July 1,
1997 shall be payable on that date, or | 24 |
| within 10 days after the effective date
of this amendatory Act | 25 |
| of 1997, whichever is later.
| 26 |
| The owner of any nuclear power reactor that has an | 27 |
| operating license
issued by the Nuclear Regulatory Commission | 28 |
| for any portion of State fiscal
year 1998 shall continue to pay | 29 |
| an annual fee of $90,000 for the treatment,
storage, and | 30 |
| disposal of low-level radioactive waste through State fiscal | 31 |
| year
2002. The fee shall be due and
payable on July 1 of each | 32 |
| fiscal year.
The fee due on July 1, 1998 shall be
payable on | 33 |
| that date, or within 10 days after the effective date of this
| 34 |
| amendatory Act of 1998, whichever is later.
If the balance in |
|
|
|
09300HB7181sam002 |
- 8 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| the Low-Level Radioactive Waste Facility Development and
| 2 |
| Operation Fund falls below $500,000, as of the end of any | 3 |
| fiscal year after
fiscal year 2002, the Department is | 4 |
| authorized to assess by rule, after notice
and a hearing, an | 5 |
| additional annual fee to be paid by the owners of nuclear
power
| 6 |
| reactors for which operating licenses have been issued by the | 7 |
| Nuclear
Regulatory Commission. The additional annual fee shall | 8 |
| be payable on the date
or dates specified by rule and shall not | 9 |
| exceed $30,000 per operating reactor
per year.
| 10 |
| (c) In each of State fiscal years 1988, 1989 and 1990, in | 11 |
| addition to
the fee imposed in subsections (b) and (d), the | 12 |
| owner of each nuclear power
reactor in this State for which an | 13 |
| operating license has been issued by the
Nuclear Regulatory | 14 |
| Commission shall pay a fee of $408,000. If an
operating license | 15 |
| is issued during one of those 3 fiscal years, the owner
shall | 16 |
| pay a prorated amount of the fee equal to $1,117.80 multiplied | 17 |
| by the
number of days in the fiscal year during which the | 18 |
| nuclear power reactor
was licensed.
| 19 |
| The fee shall be due and payable as follows: in fiscal year | 20 |
| 1988,
$204,000 shall be paid on October 1, 1987 and $102,000 | 21 |
| shall be paid on each
of January 1, 1988 and April 1, 1988; in | 22 |
| fiscal year 1989, $102,000 shall
be paid on each of July 1, | 23 |
| 1988, October 1, 1988, January 1, 1989 and April
1, 1989; and | 24 |
| in fiscal year 1990, $102,000 shall be paid on each of July 1,
| 25 |
| 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If | 26 |
| the
operating license is issued during one of the 3 fiscal | 27 |
| years, the owner
shall be subject to those payment dates, and | 28 |
| their corresponding amounts,
on which the owner possesses an | 29 |
| operating license and, on June 30 of the fiscal
year of | 30 |
| issuance of the license, whatever amount of the prorated fee | 31 |
| remains
outstanding.
| 32 |
| All of the amounts collected by the Department under this | 33 |
| subsection (c)
shall be deposited into the Low-Level | 34 |
| Radioactive Waste Facility
Development and Operation Fund |
|
|
|
09300HB7181sam002 |
- 9 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| created under subsection (a) of Section 14 of
this
Act and | 2 |
| expended, subject to appropriation, for
the purposes provided | 3 |
| in that subsection.
| 4 |
| (d) In addition to the fees imposed in subsections (b) and | 5 |
| (c), the
owners of nuclear power reactors in this State for | 6 |
| which operating licenses
have been issued by the Nuclear | 7 |
| Regulatory Commission shall pay the
following fees for each | 8 |
| such nuclear power reactor: for State fiscal year
1989, | 9 |
| $325,000 payable on October 1, 1988, $162,500 payable on | 10 |
| January 1,
1989, and $162,500 payable on April 1, 1989; for | 11 |
| State fiscal year 1990,
$162,500 payable on July 1, $300,000 | 12 |
| payable on October 1, $300,000 payable
on January 1 and | 13 |
| $300,000 payable on April 1; for State fiscal year 1991,
either | 14 |
| (1) $150,000 payable on July 1, $650,000 payable on September | 15 |
| 1,
$675,000 payable on January 1, and $275,000 payable on April | 16 |
| 1, or (2)
$150,000 on July 1, $130,000 on the first day of each | 17 |
| month from August
through December, $225,000 on the first day | 18 |
| of each month from January
through March and $92,000 on the | 19 |
| first day of each month from April through
June; for State | 20 |
| fiscal year 1992, $260,000 payable on July 1, $900,000
payable | 21 |
| on September 1, $300,000 payable on October 1, $150,000 payable | 22 |
| on
January 1, and $100,000 payable on April 1; for State fiscal | 23 |
| year 1993,
$100,000 payable on July 1, $230,000 payable on | 24 |
| August 1 or within 10 days
after July 31, 1992, whichever is | 25 |
| later, and $355,000 payable on October 1; for
State fiscal year | 26 |
| 1994, $100,000 payable on July 1, $75,000 payable on October
1 | 27 |
| and $75,000 payable on April 1; for State fiscal year 1995, | 28 |
| $100,000 payable
on July 1, $75,000 payable on October 1, and | 29 |
| $75,000 payable on April 1,
for State fiscal year 1996, | 30 |
| $100,000 payable on July 1, $75,000 payable on
October 1, and | 31 |
| $75,000 payable on April 1. The owner of any nuclear
power | 32 |
| reactor that has an operating license issued by the Nuclear | 33 |
| Regulatory
Commission for any portion of State fiscal year 1998 | 34 |
| shall pay an annual fee of
$30,000 through State fiscal year |
|
|
|
09300HB7181sam002 |
- 10 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| 2003.
For State fiscal year 2004 and subsequent fiscal years, | 2 |
| the owner of any
nuclear power reactor that has an operating | 3 |
| license issued by the Nuclear
Regulatory Commission shall pay | 4 |
| an annual fee of $30,000 per reactor, provided
that the fee
| 5 |
| shall not apply to a nuclear power reactor with regard to which | 6 |
| the owner
notified the Nuclear Regulatory Commission during | 7 |
| State fiscal year 1998 that
the nuclear power reactor | 8 |
| permanently ceased operations.
The fee shall be due and payable | 9 |
| on
July 1 of each fiscal year.
The fee due on July 1, 1998 shall | 10 |
| be
payable on that date, or within 10 days after the effective | 11 |
| date of this
amendatory Act of 1998, whichever is later.
The | 12 |
| fee
due on July 1, 1997 shall be payable on that date or within | 13 |
| 10 days after the
effective date of this amendatory Act of | 14 |
| 1997, whichever is later. If the
payments under this
subsection | 15 |
| for fiscal year 1993 due on January 1, 1993, or on April 1, | 16 |
| 1993, or
both, were due before the effective date of this | 17 |
| amendatory Act of the 87th
General Assembly, then those | 18 |
| payments are waived and need not be made.
| 19 |
| All of the amounts collected by the Department under this | 20 |
| subsection (d)
shall be deposited into the Low-Level | 21 |
| Radioactive Waste Facility
Development and Operation Fund | 22 |
| created pursuant to subsection (a) of Section
14 of this
Act | 23 |
| and expended, subject to appropriation, for the purposes | 24 |
| provided in that
subsection.
| 25 |
| All payments made by licensees under this subsection (d) | 26 |
| for fiscal year
1992 that are not appropriated and obligated by | 27 |
| the Department above
$1,750,000 per reactor in fiscal year | 28 |
| 1992, shall be credited to the licensees
making the payments to | 29 |
| reduce the per reactor fees required under this
subsection (d) | 30 |
| for fiscal year 1993.
| 31 |
| (e) The Department shall promulgate rules and regulations | 32 |
| establishing
standards for the collection of the fees | 33 |
| authorized by this Section. The
regulations shall include, but | 34 |
| need not be limited to:
|
|
|
|
09300HB7181sam002 |
- 11 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| (1) the records necessary to identify the amounts of | 2 |
| low-level
radioactive wastes produced;
| 3 |
| (2) the form and submission of reports to accompany the | 4 |
| payment of fees
to the Department; and
| 5 |
| (3) the time and manner of payment of fees to the | 6 |
| Department, which
payments shall not be more frequent than | 7 |
| quarterly.
| 8 |
| (f) Any operating agreement entered into under subsection | 9 |
| (b) of
Section 5 of this Act between the Department and any | 10 |
| disposal facility
contractor
shall, subject to the provisions | 11 |
| of this Act, authorize the contractor to
impose upon and | 12 |
| collect from persons using the disposal facility fees
designed | 13 |
| and
set at levels reasonably calculated to produce sufficient | 14 |
| revenues (1) to
pay all costs and expenses properly incurred or | 15 |
| accrued in connection
with, and properly allocated to, | 16 |
| performance of the contractor's obligations
under the | 17 |
| operating agreement, and (2) to provide reasonable and
| 18 |
| appropriate compensation or profit to the contractor under the
| 19 |
| operating
agreement. For purposes of this subsection (f), the | 20 |
| term "costs and expenses"
may include, without limitation, (i) | 21 |
| direct and indirect costs and expenses
for labor, services, | 22 |
| equipment, materials, insurance and other risk
management | 23 |
| costs, interest and other financing charges, and taxes or fees
| 24 |
| in lieu of taxes; (ii) payments to or required by the United | 25 |
| States, the
State of Illinois or any agency or department | 26 |
| thereof, the Central Midwest
Interstate Low-Level Radioactive | 27 |
| Waste Compact, and subject
to the
provisions of this Act, any | 28 |
| unit of local government; (iii)
amortization of capitalized | 29 |
| costs with respect to the disposal facility and
its
| 30 |
| development, including any capitalized reserves; and (iv) | 31 |
| payments with
respect
to reserves, accounts, escrows or trust | 32 |
| funds required by law or otherwise
provided for under the | 33 |
| operating agreement.
| 34 |
| (g) (Blank).
|
|
|
|
09300HB7181sam002 |
- 12 - |
LRB093 16374 RCE 51758 a |
|
| 1 |
| (h) (Blank).
| 2 |
| (i) (Blank).
| 3 |
| (j) (Blank).
| 4 |
| (j-5) Prior to commencement of facility operations, the | 5 |
| Department shall
adopt rules providing for the establishment | 6 |
| and collection of fees and charges
with respect to the use of | 7 |
| the disposal facility as provided in subsection (f)
of this | 8 |
| Section.
| 9 |
| (k) The regional disposal facility shall be subject to ad | 10 |
| valorem real
estate taxes lawfully imposed by units of local | 11 |
| government and school districts
with jurisdiction over the | 12 |
| facility. No other local government tax, surtax,
fee or other | 13 |
| charge on activities at the regional disposal facility shall be
| 14 |
| allowed except as authorized by the Department.
| 15 |
| (l) The Department shall have the power, in the event that | 16 |
| acceptance of
waste for disposal at the regional disposal | 17 |
| facility is suspended, delayed
or interrupted, to impose | 18 |
| emergency fees on the generators of low-level
radioactive | 19 |
| waste. Generators shall pay emergency fees within 30 days of
| 20 |
| receipt of notice of the emergency fees. The Department shall | 21 |
| deposit all of
the receipts of any fees collected under this | 22 |
| subsection into the Low-Level
Radioactive Waste Facility | 23 |
| Development and Operation Fund created under
subsection (b) of | 24 |
| Section 14. Emergency fees may be used to mitigate the
impacts | 25 |
| of the suspension or interruption of acceptance of waste for | 26 |
| disposal.
The requirements for rulemaking in the Illinois | 27 |
| Administrative Procedure Act
shall not apply to the imposition | 28 |
| of emergency fees under this subsection.
| 29 |
| (m) The Department shall promulgate any other rules and | 30 |
| regulations as
may be necessary to implement this Section.
| 31 |
| (Source: P.A. 92-276, eff. 8-7-01.)
| 32 |
| Section 99. Effective date. This Act takes effect July 1, | 33 |
| 2004.".
|
|