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91_HB2642enr HB2642 Enrolled LRB9101293ACtm 1 AN ACT to amend the Illinois Nuclear Safety Preparedness 2 Act by changing Sections 4 and 5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Nuclear Safety Preparedness Act 6 is amended by changing Sections 4 and 5 as follows: 7 (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304) 8 Sec. 4. Nuclear accident plans; fees. Persons engaged 9 within this State in the production of electricity utilizing 10 nuclear energy, the operation of nuclear test and research 11 reactors, the chemical conversion of uranium, or the 12 transportation, storage or possession of spent nuclear fuel 13 or high-level radioactive waste shall pay fees to cover the 14 cost of establishing plans and programs to deal with the 15 possibility of nuclear accidents. Except as provided below, 16 the fees shall be used exclusively to fund those Departmental 17 and local government activities defined as necessary by the 18 Director to implement and maintain the plans and programs 19 authorized by this Act. Local governments incurring expenses 20 attributable to implementation and maintenance of the plans 21 and programs authorized by this Act may apply to the 22 Department for compensation for those expenses, and upon 23 approval by the Director of applications submitted by local 24 governments, the Department shall compensate local 25 governments from fees collected under this Section. 26 Compensation for local governments shall include $250,000 in 27 any year through fiscal year 1993, $275,000 in fiscal year 28 1994 and fiscal year 1995, $300,000 in fiscal year 1996, 29 $400,000 in fiscal year 1997, and $450,000 in fiscal year 30 1998 and thereafter. Appropriations to the Department of 31 Nuclear Safety for compensation to local governments from the HB2642 Enrolled -2- LRB9101293ACtm 1 Nuclear Safety Emergency Preparedness Fund provided for in 2 this Section shall not exceed $650,000 per State fiscal year. 3 Expenditures from these appropriations shall not exceed, in a 4 single State fiscal year, the annual compensation amount made 5 available to local governments under this Section, unexpended 6 funds made available for local government compensation in the 7 previous fiscal year, and funds recovered under the Illinois 8 Grant Funds Recovery Act during previous fiscal years. 9 Notwithstanding any other provision of this Act, the 10 expenditure limitation for fiscal year 1998 shall include the 11 additional $100,000 made available to local governments for 12 fiscal year 1997 under this amendatory Act of 1997. Any 13 funds within these expenditure limitations, including the 14 additional $100,000 made available for fiscal year 1997 under 15 this amendatory Act of 1997, that remain unexpended at the 16 close of business on June 30, 1997, and on June 30 of each 17 succeeding year, shall be excluded from the calculations of 18 creditscreditunder subparagraphitem(3) of this Section. 19 The Department shall, by rule, determine the method for 20 compensating local governments under this Section. In 21 addition, a portion of the fees collected may be appropriated 22 to the Illinois Emergency Management Agency for activities 23 associated with preparing and implementing plans to deal with 24 the effects of nuclear accidents. The appropriation shall not 25 exceed $500,000 in any year preceding fiscal year 1996; the 26 appropriation shall not exceed $625,000 in fiscal year 1996, 27 $725,000 in fiscal year 1997, and $775,000 in fiscal year 28 1998 and thereafter. The fees shall consist of the following: 29 (1) A one-time charge of $590,000 per nuclear power 30 station in this State to be paid by the owners of the 31 stations. 32 (2) An additional charge of $240,000 per nuclear power 33 station for which a fee under subparagraph (1) was paid 34 before June 30, 1982. HB2642 Enrolled -3- LRB9101293ACtm 1 (3) Through June 30, 1982, an annual fee of $75,000 per 2 year for each nuclear power reactor for which an operating 3 license has been issued by the NRC, and after June 30, 1982, 4 and through June 30, 1984 an annual fee of $180,000 per year 5 for each nuclear power reactor for which an operating license 6 has been issued by the NRC, and after June 30, 1984, and 7 through June 30, 1991, an annual fee of $400,000 for each 8 nuclear power reactor for which an operating license has been 9 issued by the NRC, to be paid by the owners of nuclear power 10 reactors operating in this State. After June 30, 1991, the 11 owners of nuclear power reactors in this State for which 12 operating licenses have been issued by the NRC shall pay the 13 following fees for each such nuclear power reactor: for State 14 fiscal year 1992, $925,000; for State fiscal year 1993, 15 $975,000; for State fiscal year 1994; $1,010,000; for State 16 fiscal year 1995, $1,060,000; for State fiscal years 1996 and 17 1997, $1,110,000; for State fiscal year 1998, $1,314,000; for 18 State fiscal year 1999, $1,368,000; for State fiscal year 19 2000, $1,404,000; for State fiscal year 2001, $1,696,455; for 20 State fiscal year 2002, $1,730,636; for State fiscal year 21 2003 and subsequent fiscal years, $1,757,727. Within 120 days 22 after the end of the State fiscal year, the Department shall 23 determine, from the records of the Office of the Comptroller, 24 the balance in the Nuclear Safety Emergency Preparedness 25 Fund. When the balance in the fund, less any fees collected 26 under this Section prior to their being due and payable for 27 the succeeding fiscal year or years, exceeds $400,000 at the 28 close of business on June 30, 1993, 1994, 1995, 1996, 1997, 29 and 1998, or exceeds $500,000 at the close of business on 30 June 30, 1999 and June 30 of each succeeding year, the excess 31 shall be credited to the owners of nuclear power reactors who 32 are assessed fees under this subparagraph. Credits shall be 33 applied against the fees to be collected under this 34 subparagraph for the subsequent fiscal year. Each owner HB2642 Enrolled -4- LRB9101293ACtm 1 shall receive as a credit that amount of the excess which 2 corresponds proportionately to the amount the owner 3 contributed to all fees collected under this subparagraph in 4 the fiscal year that produced the excess. 5 (3.5) The owner of a nuclear power reactor that notifies 6 the Nuclear Regulatory Commission that the nuclear power 7 reactor has permanently ceased operations during State fiscal 8 year 1998 shall pay the following fees for each such nuclear 9 power reactor: $1,368,000 for State fiscal year 1999 and 10 $1,404,000 for State fiscal year 2000. 11 (4) A capital expenditure surcharge of $1,400,000 per 12 nuclear power station in this State, whether operating or 13 under construction, shall be paid by the owners of the 14 station. 15 (5) An annual fee of $25,000 per year for each site for 16 which a valid operating license has been issued by NRC for 17 the operation of an away-from-reactor spent nuclear fuel or 18 high-level radioactive waste storage facility, to be paid by 19 the owners of facilities for the storage of spent nuclear 20 fuel or high-level radioactive waste for others in this 21 State. 22 (6) A one-time charge of $280,000 for each facility in 23 this State housing a nuclear test and research reactor, to be 24 paid by the operator of the facility. However, this charge 25 shall not be required to be paid by any tax-supported 26 institution. 27 (7) A one-time charge of $50,000 for each facility in 28 this State for the chemical conversion of uranium, to be paid 29 by the owner of the facility. 30 (8) An annual fee of $150,000 per year for each facility 31 in this State housing a nuclear test and research reactor, to 32 be paid by the operator of the facility. However, this 33 annual fee shall not be required to be paid by any 34 tax-supported institution. HB2642 Enrolled -5- LRB9101293ACtm 1 (9) An annual fee of $15,000 per year for each facility 2 in this State for the chemical conversion of uranium, to be 3 paid by the owner of the facility. 4 (10) A fee assessed at the rate of $2,500 per cask for 5 each truck shipment and $4,500 for the first cask and $3,000 6 for each additional cask for each rail shipment of spent 7 nuclear fuel, high-level radioactive waste, or transuranic 8 waste received at or departing from any nuclear power station 9 or away-from-reactor spent nuclear fuel, high-level 10 radioactive waste, or transuranic waste storage facility in 11 this State to be paid by the shipper of the spent nuclear 12 fuel, high level radioactive waste, or transuranic waste. 13 The amount of fees collected each fiscal year under this 14 subparagraph shall be excluded from the calculation of 15 credits under subparagraph (3) of this Section. 16 (11) A fee assessed at the rate of $2,500 per cask for 17 each truck shipment and $4,500 for the first cask and $3,000 18 for each additional cask for each rail shipment of spent 19 nuclear fuel, high-level radioactive waste, or transuranic 20 waste traversing the State to be paid by the shipper of the 21 spent nuclear fuel, high level radioactive waste, or 22 transuranic waste. The amount of fees collected each fiscal 23 year under this subparagraph shall be excluded from the 24 calculation of credits under subparagraph (3) of this 25 Section. 26 (12) In each of the State fiscal years 1988 through 27 1991, in addition to the annual fee provided for in 28 subparagraph (3), a fee of $400,000 for each nuclear power 29 reactor for which an operating license has been issued by the 30 NRC, to be paid by the owners of nuclear power reactors 31 operating in this State. Within 120 days after the end of 32 the State fiscal years ending June 30, 1988, June 30, 1989, 33 June 30, 1990, and June 30, 1991, the Department shall 34 determine the expenses of the Illinois Nuclear Safety HB2642 Enrolled -6- LRB9101293ACtm 1 Preparedness Program paid from funds appropriated for those 2 fiscal years. When the aggregate of all fees, charges, and 3 surcharges collected under this Section during any fiscal 4 year exceeds the total expenditures under this Act from 5 appropriations for that fiscal year, the excess shall be 6 credited to the owners of nuclear power reactors who are 7 assessed fees under this subparagraph, and the credits shall 8 be applied against the fees to be collected under this 9 subparagraph for the subsequent fiscal year. Each owner shall 10 receive as a credit that amount of the excess that 11 corresponds proportionately to the amount the owner 12 contributed to all fees collected under this subparagraph in 13 the fiscal year that produced the excess. 14 (Source: P.A. 89-336, eff. 8-17-95; 90-34, eff. 6-27-97; 15 90-601, eff. 6-26-98.) 16 (420 ILCS 5/5) (from Ch. 111 1/2, par. 4305) 17 Sec. 5. (a) Except as otherwise provided in this 18 Section, within 30 days after the beginning of each State 19 fiscal year, each person who possessed a valid operating 20 license issued by the NRC for a nuclear power reactor or a 21 spent fuel storage facility during any portion of the 22 previous fiscal year shall pay to the Department the fees 23 imposed by Section 4 of this Act. The one-time facility 24 charge assessed pursuant to subparagraph (1) of Section 4 25 shall be paid to the Department not less than 2 years prior 26 to scheduled commencement of commercial operation. The 27 additional facility charge assessed pursuant to subparagraph 28 (2) of Section 4 shall be paid to the Department within 90 29 days of June 30, 1982. Fees assessed pursuant to subparagraph 30 (3) of Section 4 for State fiscal year 1992 shall be payable 31 as follows: $400,000 due on August 1, 1991, and $525,000 due 32 on January 1, 1992. Fees assessed pursuant to subparagraph 33 (3) of Section 4 for State fiscal year 1993 and subsequent HB2642 Enrolled -7- LRB9101293ACtm 1 fiscal years shall be due and payable in two equal payments 2 on July 1 and January 1 during the fiscal year in which the 3 fee is due. Fees assessed pursuant to subparagraph (4) of 4 Section 4 shall be paid in six payments, the first, in the 5 amount of $400,000, shall be due and payable 30 days after 6 the effective date of this Amendatory Act of 1984. 7 Subsequent payments shall be in the amount of $200,000 each, 8 and shall be due and payable annually on August 1, 1985 9 through August 1, 1989, inclusive. Fees assessed under the 10 provisions of subparagraphs (6) and (7) of Section 4 of this 11 Act shall be paid on or before January 1, 1990. Fees 12 assessed under the provisions of subparagraphs (8) and (9) of 13 Section 4 of this Act shall be paid on or before January 1st 14 of each year, beginning January 1, 1990. Fees assessed under 15 the provisions of subparagraphs (10) and (11) of Section 4 of 16 this Act shall be paid to the Department within 60 days after 17 completion of such shipments within this State. Fees 18 assessed pursuant to subparagraph (12) of Section 4 shall be 19 paid to the Department by each person who possessed a valid 20 operating license issued by the NRC for a nuclear power 21 reactor during any portion of the previous State fiscal year 22 as follows: the fee due in fiscal year 1988 shall be paid on 23 January 15, 1988, the fee due in fiscal year 1989 shall be 24 paid on December 1, 1988, and subsequent fees shall be paid 25 annually on December 1, 1989 through December 1, 1990. 26 (b) Fees assessed pursuant to paragraph (3.5) of Section 27 4 for State fiscal years 1999 and 2000 shall be due and 28 payable in 2 equal payments on July 1 and January 1 during 29 the fiscal year in which the fee is due. The fee due on July 30 1, 1998 shall be payable on that date, or within 10 days 31 after the effective date of this amendatory Act of 1998, 32 whichever is later. 33 (c) Any person who fails to pay a fee assessed under 34 Section 4 of this Act within 90 days after the fee is payable HB2642 Enrolled -8- LRB9101293ACtm 1 is liable in a civil action for an amount not to exceed 4 2 times the amount assessed and not paid. The action shall be 3 brought by the Attorney General at the request of the 4 Department. If the action involves a fixed facility in 5 Illinois, the action shall be brought in the Circuit Court of 6 the county in which the facility is located. If the action 7 does not involve a fixed facility in Illinois, the action 8 shall be brought in the Circuit Court of Sangamon County. 9 (Source: P.A. 90-601, eff. 6-26-98.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.