State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB2642eng

 
HB2642 Engrossed                               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
 
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 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    credits  credit  under subparagraph item (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.
 
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 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 Engrossed            -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.
 
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 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 Engrossed            -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 Engrossed            -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
 
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 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.

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