SB0551sam001 99TH GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/6/2016

09900SB0551sam001 LRB099 03302 MJP 47098 a

AMENDMENT TO SENATE BILL 551

AMENDMENT NO. ______. Amend Senate Bill 551 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Nuclear Facility Safety Act is amended by adding Section 10 as follows:

(420 ILCS 10/10 new)

Sec. 10. Municipal nuclear storage impact fees.

(a) Notwithstanding any other provision of law to the contrary, any municipality may establish and collect a nuclear storage impact fee from the entity that operated a nuclear facility within the boundaries of the municipality. The nuclear storage impact fee shall only be imposed on nuclear facilities that ceased generating electricity on or before the effective date of this amendatory Act of the 99th General Assembly.

(b) The fee established under this Section shall be charged to the entity that operated a nuclear facility within the boundaries of the municipality immediately before the nuclear facility ceased to generate electricity. The nuclear storage impact fee can only be applied prospectively on or after the effective date of this amendatory Act of the 99th General Assembly and cannot be applied retroactively to the date that the nuclear facility ceased operations.

(c) In any calendar year, the nuclear storage impact fee shall not exceed 25% of the average annual amount of property taxes paid to the municipality by the entity that operated the nuclear facility during the last 5 years that the nuclear facility was operational.

(d) The municipality shall conduct a public hearing before imposing the nuclear storage impact fees permitted under this Section. The hearing shall be held within the boundaries of the municipality. Notice of the time, place, and purpose of the hearing shall be given at least 10 days before the date of the hearing.

(e) The revenue collected under this Section shall be used to offset property taxes for owners of property within the boundaries of the municipality.

(f) No sale, assignment, lease, or decommissioning agreement that was executed after a nuclear facility ceased generating electricity and before the effective date of this amendatory Act of the 99th General Assembly shall assign or transfer the obligation to pay any nuclear storage impact fee imposed pursuant to this Section.".