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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB0095enr HB0095 Enrolled LRB9100625ACsb 1 AN ACT to amend the Illinois Low-Level Radioactive Waste 2 Management Act by changing Sections 10.2 and 11. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Low-Level Radioactive Waste 6 Management Act is amended by changing Sections 10.2 and 11 as 7 follows: 8 (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2) 9 Sec. 10.2. Creation of Low-Level Radioactive Waste Task 10 Group; adoption of criteria; selection of site for 11 characterization. 12 (a) There is hereby created the Low-Level Radioactive 13 Waste Task Group consisting of the Directors of the 14 Environmental Protection Agency, the Department of Natural 15 Resources, and the Department of Nuclear Safety (or their 16 designees) and 6 additional members designated by the 17 Governor. The 6 additional members shall: 18 (1) be confirmed by the Senate; and 19 (2) receive compensation of $300 per day for their 20 services on the Task Group unless they are officers or 21 employees of the State, in which case they shall receive 22 no additional compensation. 23 Four of the additional members shall have expertise in 24 the field of geology, hydrogeology, or hydrology. Of the 2 25 remaining additional members, one shall be a member of the 26 public with experience in environmental matters and one shall 27 have at least 5 years experience in local government. The 28 Directors of the Environmental Protection Agency, the 29 Department of Natural Resources, and the Department of 30 Nuclear Safety (or their designees) shall receive no 31 additional compensation for their service on the Task Group. HB0095 Enrolled -2- LRB9100625ACsb 1 All members of the Task Group shall be compensated for their 2 expenses. The Governor shall designate the chairman of the 3 Task Group. Upon adoption of the criteria under subsection 4 (b) of this Section, the Directors of the Department of 5 Nuclear Safety and the Environmental Protection Agency shall 6 be replaced on the Task Group by members designated by the 7 Governor and confirmed by the Senate. The members designated 8 to replace the Directors of the Department of Nuclear Safety 9 and the Environmental Protection Agency shall have such 10 expertise as the Governor may determine. The members of the 11 Task Group shall be members until they resign, are replaced 12 by the Governor, or the Task Group is abolished. Except as 13 provided in this Act, the Task Group shall be subject to the 14 Open Meetings Act and the Illinois Administrative Procedure 15 Act. Any action required to be taken by the Task Group under 16 this Act shall be taken by a majority vote of its members. An 17 identical vote by 5 members of the Task Group shall 18 constitute a majority vote. 19 (b) To protect the public health, safety and welfare, 20 the Task Group shall develop proposed criteria for selection 21 of a site for a regional disposal facility. Principal 22 criteria shall relate to the geographic, geologic, 23 seismologic, tectonic, hydrologic, and other scientific 24 conditions best suited for a regional disposal facility. 25 Supplemental criteria may relate to land use (including (i) 26 the location of existing underground mines and (ii) the 27 exclusion of State parks, State conservation areas, and other 28 State owned lands identified by the Task Group), economics, 29 transportation, meteorology, and any other matter identified 30 by the Task Group as relating to desirable conditions for a 31 regional disposal facility. All of the criteria shall be as 32 specific as possible. 33 The chairman of the Task Group shall publish a notice of 34 availability of the proposed criteria in the State newspaper, HB0095 Enrolled -3- LRB9100625ACsb 1 make copies of the proposed criteria available without charge 2 to the public, and hold public hearings to receive comments 3 on the proposed criteria. Written comments on the proposed 4 criteria may be submitted to the chairman of the Task Group 5 within a time period to be determined by the Task Group. 6 Upon completion of the review of timely submitted comments on 7 the proposed criteria, the Task Group shall adopt criteria 8 for selection of a site for a regional disposal facility. 9 Adoption of the criteria is not subject to the Illinois 10 Administrative Procedure Act. The chairman of the Task Group 11 shall provide copies of the criteria to the Governor, the 12 President and Minority Leader of the Senate, the Speaker and 13 Minority Leader of the House, and all county boards in the 14 State of Illinois and shall make copies of the criteria 15 available without charge to the public. 16 (c) Upon adoption of the criteria, the Director of 17 Natural Resources shall direct the Scientific Surveys to 18 screen the State of Illinois. By September 30, 1997, the 19 Scientific Surveys shall (i) complete a Statewide screening 20 of the State using available information and the Surveys' 21 geography-based information system to produce individual and 22 composite maps showing the application of individual 23 criteria; (ii) complete the evaluation of all land 24 volunteered before the effective date of this amendatory Act 25 of 1997 to determine whether any of the volunteered land 26 appears likely to satisfy the criteria; (iii) document the 27 results of the screening and volunteer site evaluations in a 28 written report and submit the report to the chairman of the 29 Task Group and to the Director; and (iv) transmit to the Task 30 Group and to the Department, in a form specified by the Task 31 Group and the Department, all information and documents 32 assembled by the Scientific Surveys in performing the 33 obligations of the Scientific Surveys under this Act. Upon 34 completion of the screening and volunteer site evaluation HB0095 Enrolled -4- LRB9100625ACsb 1 process, the Director of the Department of Natural Resources 2 shall be replaced on the Task Group by a member appointed by 3 the Governor and confirmed by the Senate. The member 4 appointed to replace the Director of the Department of 5 Natural Resources shall have expertise that the Governor 6 determines to be appropriate. 7 (c-3) By December 1, 2000,Within 24 months after the8submittal of the report and documents by the Scientific9Surveys under subsection (c) of this Section,the Department, 10 in consultation with the Task Group, waste generators, and 11 any interested counties and municipalities and after holding 12 3 public hearings throughout the State, shall prepare a 13 report regarding, at a minimum, the impact and ramifications, 14 if any, of the following factors and circumstances on the 15 siting, design, licensure, development, construction, 16 operation, closure, and post-closure care of a regional 17 disposal facility: 18 (1) the federal, state, and regional programs for 19 the siting, development, and operation of disposal 20 facilities for low-level radioactive wastes and the 21 nature, extent, and likelihood of any legislative or 22 administrative changes to those programs; 23 (2) (blank)the impacts of restrictions and24surcharges on disposal of low-level radioactive waste at25commercial disposal facilities outside the State of26Illinois; 27 (3) the current and most reliable projections 28 regarding the costs of the siting, design, development, 29 construction, operation, closure, decommissioning, and 30 post-closure care of a regional disposal facility; 31 (4) the current and most reliable estimates of the 32 total volume of low-level radioactive waste that will be 33 disposed at a regional disposal facility in Illinois and 34 the projected annual volume amounts; HB0095 Enrolled -5- LRB9100625ACsb 1 (5) the nature and extent of the available, if any, 2 storage and disposal facilities outside the region of the 3 Compact for storage and disposal of low-level radioactive 4 waste generated from within the region of the Compact; 5 and 6 (6) the development and implementation of a 7 voluntary site selection process in which land may be 8 volunteered for the regional disposal facility jointly by 9 landowners and (i) the municipality in which the land is 10 located, (ii) every municipality within 1 1/2 miles of 11 the land if the land is not within a municipality, or 12 (iii) the county or counties in which the land is located 13 if the land is not within a municipality and not within 1 14 1/2 miles of a municipality. The Director shall provide 15 copies of the report to the Governor, the President and 16 Minority Leader of the Senate, and the Speaker and 17 Minority Leader of the House. The Director shall also 18 publish a notice of availability of the report in the 19 State newspaper and make copies of the report available 20 without charge to the public. 21 (c-5) Following submittal of the report pursuant to 22 subsection (c-3) of this Section, the Department mayshall23 adopt rules establishing a site selection process for the 24 regional disposal facility.The site selection process25established by rule under this subsection shall require the26contractor selected by the Department pursuant to Sections 527and 10 of this Act to propose one site to the Task Group for28approval under subsections (d) through (i) of this Section29andIn developing rules, the Department shallalso, at a 30 minimum, considerrequirethe following: 31 (1) A comprehensive and open process under which 32 the land for sites recommended and proposed by the 33 contractor under subsection (e) of this Section shall be 34 volunteered lands as provided in this Section. Land may HB0095 Enrolled -6- LRB9100625ACsb 1 be volunteered for the regional disposal facility jointly 2 by landowners and (i) the municipality in which the land 3 is located, (ii) every municipality with 1 1/2 miles of 4 the land if the land is not within a municipality, or 5 (iii) the county or counties in which the land is located 6 if the land is not within a municipality and not within 1 7 1/2 miles of a municipality. 8 (2) Utilization of the State screening and 9 volunteer site evaluation report prepared by the 10 Scientific Surveys under subsection (c) of this Section 11 for the purpose of determining whether proposed sites 12 appear likely to satisfy the site selection criteria. 13 (3) Coordination of the site selection process with 14 the projected annual and total volume of low-level 15 radioactive waste to be disposed at the regional disposal 16 facility as identified in the report prepared under 17 subsection (c-3) of this Section. 18 The site selection process established under this 19 subsection shall require the contractor selected by the 20 Department pursuant to Sections 5 and 10 of this Act to 21 propose one site to the Task Group for approval under 22 subsections (d) through (i) of this Section. 23(4)No proposed site shall be selected as the site for 24 the regional disposal facility unless it satisfies the site 25 selection criteria established by the Task Group under 26 subsection (b) of this Section. 27 (d) The contractor selected by the Department under 28 Sections 5 and 10 of this Act shall conduct evaluations, 29 including possible intrusive field investigations, of the 30 sites and locations identified under the site selection 31 process established under subsection (c-5) of this Section. 32 (e) Upon completion of the site evaluations, the 33 contractor selected by the Department shall identify one site 34 of at least 640 acres that appears promising for development HB0095 Enrolled -7- LRB9100625ACsb 1 of the regional disposal facility in compliance with the site 2 selection criteria established by the Task Group pursuant to 3 subsection (b) of this Section. The contractor may conduct 4 any other evaluation of the site identified under this 5 subsection that the contractor deems appropriate to determine 6 whether the site satisfies the criteria adopted under 7 subsection (b) of this Section. Upon completion of the 8 evaluations under this subsection, the contractor shall 9 prepare and submit to the Department a report on the 10 evaluation of the identified site, including a recommendation 11 as to whether the identified site should be further 12 considered for selection as a site for the regional disposal 13 facility. A site so recommended for further consideration is 14 hereinafter referred to as a "proposed site". 15 (f) A report completed under subsection (e) of this 16 Section that recommends a proposed site shall also be 17 submitted to the chairman of the Task Group. Within 45 days 18 following receipt of a report, the chairman of the Task Group 19 shall publish in newspapers of general circulation in the 20 county or counties in which a proposed site is located a 21 notice of the availability of the report and a notice of a 22 public meeting. The chairman of the Task Group shall also, 23 within the 45-day period, provide copies of the report and 24 the notice to the Governor, the President and Minority Leader 25 of the Senate, the Speaker and Minority Leader of the House, 26 members of the General Assembly from the legislative district 27 or districts in which a proposed site is located, the county 28 board or boards of the county or counties containing a 29 proposed site, and each city, village, and incorporated town 30 within a 5 mile radius of a proposed site. The chairman of 31 the Task Group shall make copies of the report available 32 without charge to the public. 33 (g) The chairman of the Task Group shall convene at 34 least one public meeting on each proposed site. At the HB0095 Enrolled -8- LRB9100625ACsb 1 public meeting or meetings, the contractor selected by the 2 Department shall present the results of the evaluation of the 3 proposed site. The Task Group shall receive such other 4 written and oral information about the proposed site that may 5 be submitted at the meeting. Following the meeting, the Task 6 Group shall decide whether the proposed site satisfies the 7 criteria adopted under subsection (b) of this Section. If 8 the Task Group determines that the proposed site does not 9 satisfy the criteria, the Department may require a contractor 10 to submit a further report pursuant to subsection (e) of this 11 Section proposing another site from the locations identified 12 under the site selection process established pursuant to 13 subsection (c-5) of this Section as likely to satisfy the 14 criteria. Following notice and distribution of the report as 15 required by subsection (f) of this Section, the new proposed 16 site shall be the subject of a public meeting under this 17 subsection. The contractor selected by the Department shall 18 propose additional sites, and the Task Group shall conduct 19 additional public meetings, until the Task Group has approved 20 a proposed site recommended by a contractor as satisfying the 21 criteria adopted under subsection (b) of this Section. In 22 the event that the Task Group does not approve any of the 23 proposed sites recommended by the contractor under this 24 subsection as satisfying the criteria adopted under 25 subsection (b) of this Section, the Task Group shall 26 immediately suspend all work and the Department shall prepare 27 a study containing, at a minimum, the Department's 28 recommendations regarding the viability of the site selection 29 process established pursuant to this Act, based on the 30 factors and circumstances specified in items (1) through (6) 31 of subsection (c-3) of Section 10.2. The Department shall 32 provide copies of the study to the Governor, the President 33 and Minority Leader of the Senate, and the Speaker and 34 Minority Leader of the House. The Department shall also HB0095 Enrolled -9- LRB9100625ACsb 1 publish a notice of availability of the study in the State 2 newspaper and make copies of the report available without 3 charge to the public. 4 (h) (Blank). 5 (i) Upon the Task Group's decision that a proposed site 6 satisfies the criteria adopted under subsection (b) of this 7 Section, the contractor shall proceed with the 8 characterization and licensure of the proposed site under 9 Section 10.3 of this Act and the Task Group shall immediately 10 suspend all work, except as otherwise specifically required 11 in subsection (b) of Section 10.3 of this Act. 12 (Source: P.A. 89-445, eff. 2-7-96; 89-479, eff. 6-18-96; 13 90-29, eff. 6-26-97.) 14 (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11) 15 Sec. 11. Report by the Department. 16 (a) (Blank). 17 (b) (Blank)No later than March 31, 1993, the Department18shall deliver to the Governor, the President and Minority19Leader of the Senate, and the Speaker and Minority Leader of20the House a report on the impacts of restrictions and21surcharges on disposal of low-level radioactive waste at22commercial disposal facilities outside the State of Illinois.23The report shall include the Department's recommendations24with regard to the need for additional interim storage25capacity and with regard to a new process for the timely and26cost effective establishment of a permanent disposal facility27. 28 (c) At any time necessary, as determined by the 29 Director, to ensure proper planning and policy responses 30 relating to the continued availability of facilities for the 31 storage and disposal of low-level radioactive wastes, the 32 Department shall deliver to the Governor, the President and 33 Minority Leader of the Senate, and the Speaker and Minority HB0095 Enrolled -10- LRB9100625ACsb 1 Leader of the House a reportupdating the report submitted2pursuant to subsection (b) of this Section. The updated3report required by this subsectionthat shall include, at a 4 minimum, anupdatedanalysis of the impacts of restrictions 5and surchargeson disposal of low-level radioactive waste at 6 commercial disposal facilities outside the State of Illinois 7 and the Department's analysis of, and recommendations 8 regarding, the feasibility of a centralized interim storage 9 facility for low-level radioactive waste generated within the 10 region of the Compact and the nature and extent, if any, of 11 the generator's or any other entity's responsibility for or 12 title to the waste to be stored at a centralized interim 13 storage facility after the waste has been delivered to that 14 facility. 15 (Source: P.A. 90-29, eff. 6-26-97.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.