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| Public Act 097-0195 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Nuclear Safety Preparedness Act is | ||||
amended by changing Sections 4 and 5 and by adding Section 8.5 | ||||
as follows:
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(420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
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Sec. 4. Nuclear accident plans; fees. Persons engaged | ||||
within this State
in the production of electricity utilizing | ||||
nuclear energy, the operation of
nuclear test and research | ||||
reactors, the chemical conversion of uranium, or the
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transportation, storage or possession of spent nuclear fuel or | ||||
high-level
radioactive waste shall pay fees to cover the cost | ||||
of establishing plans and
programs to deal with the possibility | ||||
of nuclear accidents. Except as provided
below, the fees shall | ||||
be used exclusively to fund those Agency and local
government | ||||
activities defined as necessary by the Director to implement | ||||
and
maintain the plans and programs authorized by this Act. | ||||
Local governments
incurring expenses attributable to | ||||
implementation and maintenance of the plans
and programs | ||||
authorized by this Act may apply to the Agency for
compensation | ||||
for those expenses, and upon approval by the Director of
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applications
submitted by local governments, the Agency shall | ||||
compensate local
governments from fees collected under this | ||
Section. Compensation for local
governments shall include
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$250,000 in any year through
fiscal year 1993, $275,000 in | ||
fiscal year 1994 and fiscal year 1995,
$300,000 in fiscal year | ||
1996, $400,000 in fiscal year 1997, and $450,000
in fiscal year | ||
1998 and thereafter.
Appropriations to the Department of | ||
Nuclear Safety (of which the Agency is the successor) for | ||
compensation to local
governments from the Nuclear Safety | ||
Emergency
Preparedness Fund provided for in this Section shall | ||
not exceed $650,000 per
State fiscal year. Expenditures from | ||
these appropriations shall not exceed, in
a single State fiscal | ||
year,
the annual compensation amount made available to
local
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governments under this Section, unexpended funds made | ||
available for local
government
compensation in the previous | ||
fiscal year, and funds recovered under
the Illinois Grant Funds | ||
Recovery Act during previous fiscal years.
Notwithstanding any | ||
other provision of this Act, the expenditure limitation for
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fiscal year 1998 shall include the additional $100,000 made | ||
available to local
governments for fiscal year 1997 under this | ||
amendatory Act of 1997. Any funds
within these expenditure | ||
limitations,
including
the additional $100,000 made
available | ||
for fiscal year 1997 under this amendatory Act of 1997,
that | ||
remain unexpended at the close of
business on June 30, 1997, | ||
and on June 30 of each
succeeding year,
shall be
excluded from | ||
the calculations of credits under
subparagraph
(3) of this | ||
Section. The
Agency shall, by rule, determine the method for | ||
compensating local
governments under this Section. The
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appropriation shall not exceed $500,000 in any year preceding
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fiscal year 1996; the appropriation shall not exceed $625,000 | ||
in fiscal year
1996, $725,000 in fiscal year 1997, and $775,000 | ||
in fiscal year 1998 and
thereafter. The fees shall consist of
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the following:
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(1)
A one-time charge of $590,000 per nuclear power station | ||
in this State to
be paid by the owners of the stations.
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(2)
An additional charge of $240,000 per nuclear power | ||
station for which
a fee under subparagraph (1) was paid before | ||
June 30, 1982.
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(3) Through June 30, 1982, an annual fee of $75,000 per | ||
year for
each
nuclear power reactor for which an operating | ||
license has been issued by
the NRC, and after June 30, 1982, | ||
and through June 30, 1984 an
annual fee of $180,000 per year | ||
for each nuclear power reactor for which an
operating license | ||
has been issued by the NRC, and after June 30, 1984,
and | ||
through June 30, 1991, an annual fee of $400,000 for each | ||
nuclear power
reactor for which an operating license has been | ||
issued by the NRC, to be
paid by the owners of nuclear power | ||
reactors operating in this State.
After June 30, 1991, the
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owners of nuclear power reactors in this State for
which | ||
operating licenses have been issued by the NRC shall pay the
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following fees for each such nuclear power reactor: for State | ||
fiscal year
1992, $925,000; for State fiscal year 1993, | ||
$975,000; for State fiscal year
1994; $1,010,000; for State | ||
fiscal year 1995, $1,060,000; for State
fiscal years 1996 and | ||
1997,
$1,110,000; for State fiscal year 1998, $1,314,000; for | ||
State fiscal year
1999, $1,368,000; for State fiscal year 2000, | ||
$1,404,000; for State fiscal year
2001, $1,696,455; for State | ||
fiscal year 2002, $1,730,636; for State fiscal year
2003 | ||
through State and subsequent fiscal year 2011 years, | ||
$1,757,727; for State fiscal year 2012 and subsequent fiscal | ||
years, $1,903,182. Within 120
days
after the end of the State | ||
fiscal year, the Agency shall determine,
from the records of | ||
the Office of the Comptroller, the balance in the
Nuclear | ||
Safety Emergency Preparedness Fund. When the balance in the | ||
fund,
less any fees collected under this Section prior to their | ||
being due and
payable for the succeeding fiscal year or years, | ||
exceeds $400,000 at the
close of business on June 30, 1993, | ||
1994, 1995, 1996, 1997, and 1998,
or
exceeds $500,000 at the | ||
close of business on June 30,
1999 and June 30 of
each | ||
succeeding year,
the excess shall be credited to the owners of | ||
nuclear power reactors who
are assessed fees under this | ||
subparagraph. Credits shall be
applied
against the fees to be | ||
collected under this subparagraph for the subsequent
fiscal | ||
year. Each owner shall receive as a credit that amount of the
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excess which corresponds proportionately to the amount the | ||
owner
contributed to all fees collected under this subparagraph | ||
in the fiscal
year that produced the excess.
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(3.5) The owner of a nuclear power reactor that notifies | ||
the Nuclear
Regulatory Commission that the nuclear power | ||
reactor has permanently ceased
operations during State fiscal | ||
year 1998
shall pay the following fees for each such nuclear | ||
power reactor: $1,368,000
for State fiscal year 1999 and | ||
$1,404,000 for State fiscal year 2000.
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(4)
A capital expenditure surcharge of $1,400,000 per | ||
nuclear power
station in this State, whether operating or under | ||
construction, shall be
paid by the owners of the station.
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(5) An annual fee of $25,000 per year for each site for | ||
which
a valid operating license has been issued by NRC for the | ||
operation of an
away-from-reactor spent nuclear fuel or | ||
high-level radioactive
waste storage facility, to be paid by | ||
the owners
of facilities for the storage of spent nuclear fuel | ||
or high-level
radioactive waste for others in this State.
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(6) A one-time charge of $280,000 for each facility in this | ||
State
housing a nuclear test and research reactor, to be paid | ||
by the operator of
the facility. However, this charge shall not | ||
be required to be paid by any
tax-supported institution.
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(7) A one-time charge of $50,000 for each facility in this | ||
State for
the chemical conversion of uranium, to be paid by the | ||
owner of the facility.
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(8) An annual fee of $150,000 per year for each facility in | ||
this State
housing a nuclear test and research reactor, to be | ||
paid by the operator of
the facility. However, this annual fee | ||
shall not be required to be paid by any
tax-supported | ||
institution.
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(9) An annual fee of $15,000 per year for each facility in | ||
this State
for the chemical conversion of uranium, to be paid | ||
by the owner of the
facility.
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(10) A fee assessed at the rate of $2,500 per truck for
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each truck shipment
and $4,500 for the first cask and $3,000 | ||
for each additional cask for each rail
shipment of spent | ||
nuclear fuel, high-level
radioactive waste, transuranic waste, | ||
or a highway route controlled quantity of radioactive materials | ||
received at or departing from any
nuclear power station
or | ||
away-from-reactor spent nuclear fuel, high-level radioactive
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waste, transuranic waste
storage facility, or other facility in | ||
this State to be paid by the shipper of the spent nuclear
fuel, | ||
high level radioactive waste,
transuranic waste, or highway | ||
route controlled quantity of radioactive material.
Truck
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shipments of greater than 250 miles in Illinois are subject to | ||
a surcharge of
$25 per mile over 250 miles for each truck in | ||
the shipment. The amount
of fees
collected each fiscal year | ||
under this subparagraph shall be excluded from the
calculation | ||
of credits under subparagraph (3) of this Section.
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(11) A fee assessed at the rate of $2,500 per truck
for | ||
each truck shipment
and $4,500 for the first cask and $3,000 | ||
for each additional cask for each rail
shipment of spent | ||
nuclear
fuel, high-level
radioactive waste, transuranic waste, | ||
or a highway route controlled quantity of radioactive materials | ||
traversing the State to be paid by
the shipper of the spent | ||
nuclear fuel, high level radioactive waste,
transuranic waste, | ||
or highway route controlled quantity of radioactive material. | ||
Truck shipments of greater than 250 miles in
Illinois are | ||
subject to a surcharge of $25 per mile over 250 miles for each
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truck in the shipment. The
amount of fees collected each fiscal | ||
year under this
subparagraph shall be excluded from the | ||
calculation of credits under
subparagraph (3) of this Section.
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(12)
In each of the State fiscal years 1988 through 1991, | ||
in addition
to the annual fee provided for in subparagraph (3), | ||
a fee of $400,000 for
each nuclear power reactor for which an | ||
operating license has been issued
by the NRC, to be paid by the | ||
owners of nuclear power reactors operating in
this State. | ||
Within 120 days after the end of the State fiscal years ending
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June 30, 1988, June 30, 1989, June 30, 1990, and June 30, 1991, | ||
the
Agency shall determine the expenses of the Illinois Nuclear
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Safety Preparedness Program paid from funds appropriated for | ||
those fiscal
years. When the aggregate of all fees, charges, | ||
and surcharges collected
under this Section during any fiscal | ||
year exceeds the total expenditures
under this Act from | ||
appropriations for that fiscal year, the excess shall
be | ||
credited to the owners of nuclear power reactors who are | ||
assessed fees
under this subparagraph, and the credits shall be | ||
applied against the fees
to be collected under this | ||
subparagraph for the subsequent fiscal year.
Each owner shall | ||
receive as a credit that amount of the excess that
corresponds | ||
proportionately to the amount the owner contributed to all fees
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collected under this subparagraph in the fiscal year that | ||
produced the excess.
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(Source: P.A. 92-576, eff. 6-26-02; 93-1029, eff. 8-25-04.)
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(420 ILCS 5/5) (from Ch. 111 1/2, par. 4305)
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Sec. 5. (a) Except as otherwise provided in this Section, | ||
within 30 days
after the beginning of each State fiscal year, | ||
each
person who possessed a valid operating license issued by | ||
the NRC for a nuclear
power reactor or a spent fuel storage | ||
facility during any portion of the
previous fiscal year shall | ||
pay to the Agency the fees imposed by Section
4 of this Act. | ||
The one-time facility charge assessed pursuant to subparagraph
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(1) of Section 4 shall be paid to the Agency not less than 2 | ||
years prior
to scheduled commencement of commercial operation. | ||
The additional facility
charge assessed pursuant to | ||
subparagraph (2) of Section 4 shall be paid
to the Department | ||
within 90 days of June 30, 1982.
Fees assessed pursuant to | ||
subparagraph (3) of Section 4 for State fiscal
year 1992 shall | ||
be payable as follows: $400,000 due on August 1, 1991, and
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$525,000 due on January 1, 1992. Fees assessed pursuant to | ||
subparagraph
(3) of Section 4 for State fiscal years year 1993 | ||
through 2011 and subsequent fiscal years
shall be due and | ||
payable in two equal payments on July 1 and January 1
during | ||
the fiscal year in which the fee is due. For State fiscal year | ||
2012 and subsequent fiscal years, fees shall be due and payable | ||
in 4 equal payments on July 1, October 1, January 1, and April | ||
1 during the fiscal year in which the fee is due.
Fees assessed | ||
pursuant to subparagraph (4) of Section 4 shall be paid in
six | ||
payments, the first, in the amount of $400,000, shall be due | ||
and
payable 30 days after the effective date of this Amendatory | ||
Act of 1984.
Subsequent payments shall be in the amount of | ||
$200,000 each, and shall be
due and payable annually on August | ||
1, 1985 through August 1, 1989, inclusive.
Fees assessed under | ||
the provisions of subparagraphs (6) and (7) of
Section 4 of | ||
this Act shall be paid on or before January 1, 1990. Fees
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assessed under the provisions of subparagraphs (8) and (9) of | ||
Section 4 of
this Act shall be paid on or before January 1st of | ||
each year, beginning
January 1, 1990. Fees assessed under the | ||
provisions of subparagraphs (10) and
(11) of Section 4 of this | ||
Act shall be paid to the Agency within 60 days
after
completion | ||
of such shipments within this State. Fees assessed pursuant to
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subparagraph (12) of Section 4 shall be paid to the Agency by | ||
each
person who possessed a valid operating license issued by | ||
the NRC for a
nuclear power reactor during any portion of the | ||
previous State fiscal year
as follows: the fee due in fiscal | ||
year 1988 shall be paid on January 15,
1988, the fee due in | ||
fiscal year 1989 shall be paid on December 1, 1988,
and | ||
subsequent fees shall be paid annually on December 1, 1989 | ||
through
December 1, 1990.
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(b) Fees assessed pursuant to paragraph (3.5) of Section 4 | ||
for State
fiscal years 1999 and 2000 shall be due and payable | ||
in 2 equal payments on
July 1 and January 1 during the fiscal | ||
year in which the fee is due.
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.
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(c) Any person who fails to pay a fee assessed under | ||
Section 4 of this Act
within
90
days after the fee is payable | ||
is liable in a civil action for an amount
not to exceed 4 times | ||
the amount assessed and not paid. The action shall be
brought | ||
by the Attorney General at the request of the Agency. If the | ||
action
involves a fixed facility in Illinois, the action shall | ||
be brought in the
Circuit Court of the county in which the | ||
facility is located. If the action
does not involve a fixed | ||
facility in Illinois, the action shall be brought in
the | ||
Circuit Court of Sangamon County.
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(Source: P.A. 93-1029, eff. 8-25-04.)
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(420 ILCS 5/8.5 new) | ||
Sec. 8.5. Remote monitoring system upgrades and equipment | ||
replacement. | ||
(a) Each nuclear power reactor for which an operating | ||
license has been issued by the NRC shall be subject to the fees | ||
described in this Section, which shall be paid by the owner or | ||
owners of each reactor into the Nuclear Safety Emergency | ||
Preparedness Fund. The fees in this Section shall be used | ||
solely for the purposes set forth in this Section and cannot be | ||
transferred for other purposes. | ||
(1) Within 14 days after the Agency notifies each owner | ||
subject to the fee requirements of this Section that the | ||
Agency has entered into one or more contracts with a third | ||
party for purposes of upgrading the remote monitoring | ||
system software and that such work will commence within 30 | ||
days, the owner or owners shall make a payment of $19,697 | ||
for each reactor owned. Thereafter, for each such reactor, | ||
the owner or owners shall submit 11 quarterly payments of | ||
$19,697. The Agency shall use the fees collected in this | ||
subsection for purposes of upgrading remote monitoring | ||
system software and to acquire, replace, or upgrade | ||
equipment related to such monitoring, including, but not | ||
limited to, generators and transfer switches, air | ||
compressors, detection equipment, data loggers, and solar | ||
panels. | ||
(2) Within 90 days after the effective date of this | ||
amendatory Act of the 97th General Assembly, the owner or | ||
owners subject to the fee requirements of this Section | ||
shall make a payment of $7,575 for each reactor owned for | ||
the purposes of acquiring, replacing, and upgrading | ||
equipment, including, but not limited to, dosimeters, | ||
safety and command vehicles, liquid scintillation | ||
analyzers, an alpha spectrometry system, and compositors. | ||
Thereafter, for each such reactor, the owner or owners | ||
shall submit 11 quarterly payments of $7,575. | ||
(b) This Section is repealed on January 1, 2015.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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