| ||||
| Public Act 100-0938 | ||||
| ||||
| ||||
AN ACT concerning safety.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Low-Level Radioactive Waste | ||||
Management Act is amended by changing Section 13 as follows:
| ||||
(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
| ||||
Sec. 13. Waste fees.
| ||||
(a) The Agency shall collect a fee from each generator of | ||||
low-level
radioactive wastes in this State, except as otherwise | ||||
provided in this subsection. Except as provided in subsections | ||||
(b), (c),
and (d), the amount of the fee shall be $50.00 or the | ||||
following amount,
whichever is greater:
| ||||
(1) $1 per cubic foot of waste shipped for storage, | ||||
treatment or disposal
if storage of the waste for shipment | ||||
occurred prior to September 7, 1984;
| ||||
(2) $2 per cubic foot of waste stored for shipment if | ||||
storage of the
waste occurs on or after September 7, 1984, | ||||
but prior to October 1, 1985;
| ||||
(3) $3 per cubic foot of waste stored for shipment if | ||||
storage of the
waste occurs on or after October 1, 1985;
| ||||
(4) $2 per cubic foot of waste shipped for storage, | ||||
treatment or
disposal if storage of the waste for shipment | ||||
occurs on or after September
7, 1984 but prior to October | ||||
1, 1985, provided that no fee has been collected
previously | ||
for storage of the waste;
| ||
(5) $3 per cubic foot of waste shipped for storage, | ||
treatment or
disposal if storage of the waste for shipment | ||
occurs on or after October
1, 1985, provided that no fees | ||
have been collected previously for storage
of the waste.
| ||
Such fees shall be collected annually or as determined by | ||
the Agency and
shall be deposited in the low-level radioactive | ||
waste funds as provided in
Section 14 of this Act. | ||
Notwithstanding any other provision of this Act, no
fee under | ||
this
Section shall be collected from a generator for waste | ||
generated incident to
manufacturing before December 31, 1980, | ||
and shipped for disposal outside
of this State before December | ||
31, 1992, as part of a site reclamation
leading to license | ||
termination.
| ||
Units of local government are exempt from the fee | ||
provisions of this subsection. | ||
(b) Each nuclear power reactor in this State for which an | ||
operating
license has been issued by the Nuclear Regulatory | ||
Commission shall not be
subject to the fee required by | ||
subsection (a) with respect to (1) waste
stored for shipment if | ||
storage of the waste occurs on or after January
1, 1986; and | ||
(2) waste shipped for storage, treatment or disposal if storage
| ||
of the waste for shipment occurs on or after January 1, 1986. | ||
In lieu of
the fee, each reactor shall be required to pay an | ||
annual fee as provided in
this subsection for the
treatment, | ||
storage and disposal of low-level radioactive waste. Beginning
| ||
with State fiscal year 1986 and through State fiscal year 1997, | ||
fees shall be
due and payable on January 1st of each year.
For | ||
State fiscal year 1998 and all subsequent State fiscal years, | ||
fees shall
be due and payable on July 1 of each fiscal year. | ||
The fee due on July 1,
1997 shall be payable on that date, or | ||
within 10 days after the effective date
of this amendatory Act | ||
of 1997, whichever is later.
| ||
The owner of any nuclear power reactor that has an | ||
operating license
issued by the Nuclear Regulatory Commission | ||
for any portion of State fiscal
year 1998 shall continue to pay | ||
an annual fee of $90,000 for the treatment,
storage, and | ||
disposal of low-level radioactive waste through State fiscal | ||
year
2002. The fee shall be due and
payable on July 1 of each | ||
fiscal year.
The fee due on July 1, 1998 shall be
payable on | ||
that date, or within 10 days after the effective date of this
| ||
amendatory Act of 1998, whichever is later.
If the balance in | ||
the Low-Level Radioactive Waste Facility Development and
| ||
Operation Fund falls below $500,000, as of the end of any | ||
fiscal year after
fiscal year 2002, the Agency is authorized to | ||
assess by rule, after notice
and a hearing, an additional | ||
annual fee to be paid by the owners of nuclear
power
reactors | ||
for which operating licenses have been issued by the Nuclear
| ||
Regulatory Commission, except that no additional annual fee | ||
shall be assessed because of the fund balance at the end of | ||
fiscal year 2005 or the end of fiscal year 2006. The additional | ||
annual fee shall be payable on the date
or dates specified by | ||
rule and shall not exceed $30,000 per operating reactor
per | ||
year.
| ||
(c) In each of State fiscal years 1988, 1989 and 1990, in | ||
addition to
the fee imposed in subsections (b) and (d), the | ||
owner of each nuclear power
reactor in this State for which an | ||
operating license has been issued by the
Nuclear Regulatory | ||
Commission shall pay a fee of $408,000. If an
operating license | ||
is issued during one of those 3 fiscal years, the owner
shall | ||
pay a prorated amount of the fee equal to $1,117.80 multiplied | ||
by the
number of days in the fiscal year during which the | ||
nuclear power reactor
was licensed.
| ||
The fee shall be due and payable as follows: in fiscal year | ||
1988,
$204,000 shall be paid on October 1, 1987 and $102,000 | ||
shall be paid on each
of January 1, 1988 and April 1, 1988; in | ||
fiscal year 1989, $102,000 shall
be paid on each of July 1, | ||
1988, October 1, 1988, January 1, 1989 and April
1, 1989; and | ||
in fiscal year 1990, $102,000 shall be paid on each of July 1,
| ||
1989, October 1, 1989, January 1, 1990 and April 1, 1990. If | ||
the
operating license is issued during one of the 3 fiscal | ||
years, the owner
shall be subject to those payment dates, and | ||
their corresponding amounts,
on which the owner possesses an | ||
operating license and, on June 30 of the fiscal
year of | ||
issuance of the license, whatever amount of the prorated fee | ||
remains
outstanding.
| ||
All of the amounts collected by the Agency under this | ||
subsection (c)
shall be deposited into the Low-Level | ||
Radioactive Waste Facility
Development and Operation Fund | ||
created under subsection (a) of Section 14 of
this
Act and | ||
expended, subject to appropriation, for
the purposes provided | ||
in that subsection.
| ||
(d) In addition to the fees imposed in subsections (b) and | ||
(c), the
owners of nuclear power reactors in this State for | ||
which operating licenses
have been issued by the Nuclear | ||
Regulatory Commission shall pay the
following fees for each | ||
such nuclear power reactor: for State fiscal year
1989, | ||
$325,000 payable on October 1, 1988, $162,500 payable on | ||
January 1,
1989, and $162,500 payable on April 1, 1989; for | ||
State fiscal year 1990,
$162,500 payable on July 1, $300,000 | ||
payable on October 1, $300,000 payable
on January 1 and | ||
$300,000 payable on April 1; for State fiscal year 1991,
either | ||
(1) $150,000 payable on July 1, $650,000 payable on September | ||
1,
$675,000 payable on January 1, and $275,000 payable on April | ||
1, or (2)
$150,000 on July 1, $130,000 on the first day of each | ||
month from August
through December, $225,000 on the first day | ||
of each month from January
through March and $92,000 on the | ||
first day of each month from April through
June; for State | ||
fiscal year 1992, $260,000 payable on July 1, $900,000
payable | ||
on September 1, $300,000 payable on October 1, $150,000 payable | ||
on
January 1, and $100,000 payable on April 1; for State fiscal | ||
year 1993,
$100,000 payable on July 1, $230,000 payable on | ||
August 1 or within 10 days
after July 31, 1992, whichever is | ||
later, and $355,000 payable on October 1; for
State fiscal year | ||
1994, $100,000 payable on July 1, $75,000 payable on October
1 | ||
and $75,000 payable on April 1; for State fiscal year 1995, | ||
$100,000 payable
on July 1, $75,000 payable on October 1, and | ||
$75,000 payable on April 1,
for State fiscal year 1996, | ||
$100,000 payable on July 1, $75,000 payable on
October 1, and | ||
$75,000 payable on April 1. The owner of any nuclear
power | ||
reactor that has an operating license issued by the Nuclear | ||
Regulatory
Commission for any portion of State fiscal year 1998 | ||
shall pay an annual fee of
$30,000 through State fiscal year | ||
2003.
For State fiscal year 2004 and subsequent fiscal years, | ||
the owner of any
nuclear power reactor that has an operating | ||
license issued by the Nuclear
Regulatory Commission shall pay | ||
an annual fee of $30,000 per reactor, provided
that the fee
| ||
shall not apply to a nuclear power reactor with regard to which | ||
the owner
notified the Nuclear Regulatory Commission during | ||
State fiscal year 1998 that
the nuclear power reactor | ||
permanently ceased operations.
The fee shall be due and payable | ||
on
July 1 of each fiscal year.
The fee due on July 1, 1998 shall | ||
be
payable on that date, or within 10 days after the effective | ||
date of this
amendatory Act of 1998, whichever is later.
The | ||
fee
due on July 1, 1997 shall be payable on that date or within | ||
10 days after the
effective date of this amendatory Act of | ||
1997, whichever is later. If the
payments under this
subsection | ||
for fiscal year 1993 due on January 1, 1993, or on April 1, | ||
1993, or
both, were due before the effective date of this | ||
amendatory Act of the 87th
General Assembly, then those | ||
payments are waived and need not be made.
| ||
All of the amounts collected by the Agency under this | ||
subsection (d)
shall be deposited into the Low-Level | ||
Radioactive Waste Facility
Development and Operation Fund | ||
created pursuant to subsection (a) of Section
14 of this
Act | ||
and expended, subject to appropriation, for the purposes | ||
provided in that
subsection.
| ||
All payments made by licensees under this subsection (d) | ||
for fiscal year
1992 that are not appropriated and obligated by | ||
the Agency above
$1,750,000 per reactor in fiscal year 1992, | ||
shall be credited to the licensees
making the payments to | ||
reduce the per reactor fees required under this
subsection (d) | ||
for fiscal year 1993.
| ||
(e) The Agency shall promulgate rules and regulations | ||
establishing
standards for the collection of the fees | ||
authorized by this Section. The
regulations shall include, but | ||
need not be limited to:
| ||
(1) the records necessary to identify the amounts of | ||
low-level
radioactive wastes produced;
| ||
(2) the form and submission of reports to accompany the | ||
payment of fees
to the Agency; and
| ||
(3) the time and manner of payment of fees to the | ||
Agency, which
payments shall not be more frequent than | ||
quarterly.
| ||
(f) Any operating agreement entered into under subsection | ||
(b) of
Section 5 of this Act between the Agency and any | ||
disposal facility
contractor
shall, subject to the provisions | ||
of this Act, authorize the contractor to
impose upon and | ||
collect from persons using the disposal facility fees
designed | ||
and
set at levels reasonably calculated to produce sufficient | ||
revenues (1) to
pay all costs and expenses properly incurred or | ||
accrued in connection
with, and properly allocated to, | ||
performance of the contractor's obligations
under the | ||
operating agreement, and (2) to provide reasonable and
| ||
appropriate compensation or profit to the contractor under the
| ||
operating
agreement. For purposes of this subsection (f), the | ||
term "costs and expenses"
may include, without limitation, (i) | ||
direct and indirect costs and expenses
for labor, services, | ||
equipment, materials, insurance and other risk
management | ||
costs, interest and other financing charges, and taxes or fees
| ||
in lieu of taxes; (ii) payments to or required by the United | ||
States, the
State of Illinois or any agency or department | ||
thereof, the Central Midwest
Interstate Low-Level Radioactive | ||
Waste Compact, and subject
to the
provisions of this Act, any | ||
unit of local government; (iii)
amortization of capitalized | ||
costs with respect to the disposal facility and
its
| ||
development, including any capitalized reserves; and (iv) | ||
payments with
respect
to reserves, accounts, escrows or trust | ||
funds required by law or otherwise
provided for under the | ||
operating agreement.
| ||
(g) (Blank).
| ||
(h) (Blank).
| ||
(i) (Blank).
| ||
(j) (Blank).
| ||
(j-5) Prior to commencement of facility operations, the | ||
Agency shall
adopt rules providing for the establishment and | ||
collection of fees and charges
with respect to the use of the | ||
disposal facility as provided in subsection (f)
of this | ||
Section.
| ||
(k) The regional disposal facility shall be subject to ad | ||
valorem real
estate taxes lawfully imposed by units of local | ||
government and school districts
with jurisdiction over the | ||
facility. No other local government tax, surtax,
fee or other | ||
charge on activities at the regional disposal facility shall be
| ||
allowed except as authorized by the Agency.
| ||
(l) The Agency shall have the power, in the event that | ||
acceptance of
waste for disposal at the regional disposal | ||
facility is suspended, delayed
or interrupted, to impose | ||
emergency fees on the generators of low-level
radioactive | ||
waste. Generators shall pay emergency fees within 30 days of
| ||
receipt of notice of the emergency fees. The Department shall | ||
deposit all of
the receipts of any fees collected under this | ||
subsection into the Low-Level
Radioactive Waste Facility | ||
Development and Operation Fund created under
subsection (b) of | ||
Section 14. Emergency fees may be used to mitigate the
impacts | ||
of the suspension or interruption of acceptance of waste for | ||
disposal.
The requirements for rulemaking in the Illinois | ||
Administrative Procedure Act
shall not apply to the imposition | ||
of emergency fees under this subsection.
| ||
(m) The Agency shall promulgate any other rules and | ||
regulations as
may be necessary to implement this Section.
| ||
(Source: P.A. 94-91, eff. 7-1-05; 95-777, eff. 8-4-08.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||