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91_HB0095sam001
LRB9100625ACtmam03
1 AMENDMENT TO HOUSE BILL 95
2 AMENDMENT NO. ____. Amend House Bill 95 by replacing the
3 title with the following:
4 "AN ACT to amend the Illinois Low-Level Radioactive Waste
5 Management Act by changing Sections 10.2 and 11."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Low-Level Radioactive Waste
9 Management Act is amended by changing Sections 10.2 and 11 as
10 follows:
11 (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
12 Sec. 10.2. Creation of Low-Level Radioactive Waste Task
13 Group; adoption of criteria; selection of site for
14 characterization.
15 (a) There is hereby created the Low-Level Radioactive
16 Waste Task Group consisting of the Directors of the
17 Environmental Protection Agency, the Department of Natural
18 Resources, and the Department of Nuclear Safety (or their
19 designees) and 6 additional members designated by the
20 Governor. The 6 additional members shall:
21 (1) be confirmed by the Senate; and
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1 (2) receive compensation of $300 per day for their
2 services on the Task Group unless they are officers or
3 employees of the State, in which case they shall receive
4 no additional compensation.
5 Four of the additional members shall have expertise in
6 the field of geology, hydrogeology, or hydrology. Of the 2
7 remaining additional members, one shall be a member of the
8 public with experience in environmental matters and one shall
9 have at least 5 years experience in local government. The
10 Directors of the Environmental Protection Agency, the
11 Department of Natural Resources, and the Department of
12 Nuclear Safety (or their designees) shall receive no
13 additional compensation for their service on the Task Group.
14 All members of the Task Group shall be compensated for their
15 expenses. The Governor shall designate the chairman of the
16 Task Group. Upon adoption of the criteria under subsection
17 (b) of this Section, the Directors of the Department of
18 Nuclear Safety and the Environmental Protection Agency shall
19 be replaced on the Task Group by members designated by the
20 Governor and confirmed by the Senate. The members designated
21 to replace the Directors of the Department of Nuclear Safety
22 and the Environmental Protection Agency shall have such
23 expertise as the Governor may determine. The members of the
24 Task Group shall be members until they resign, are replaced
25 by the Governor, or the Task Group is abolished. Except as
26 provided in this Act, the Task Group shall be subject to the
27 Open Meetings Act and the Illinois Administrative Procedure
28 Act. Any action required to be taken by the Task Group under
29 this Act shall be taken by a majority vote of its members. An
30 identical vote by 5 members of the Task Group shall
31 constitute a majority vote.
32 (b) To protect the public health, safety and welfare,
33 the Task Group shall develop proposed criteria for selection
34 of a site for a regional disposal facility. Principal
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1 criteria shall relate to the geographic, geologic,
2 seismologic, tectonic, hydrologic, and other scientific
3 conditions best suited for a regional disposal facility.
4 Supplemental criteria may relate to land use (including (i)
5 the location of existing underground mines and (ii) the
6 exclusion of State parks, State conservation areas, and other
7 State owned lands identified by the Task Group), economics,
8 transportation, meteorology, and any other matter identified
9 by the Task Group as relating to desirable conditions for a
10 regional disposal facility. All of the criteria shall be as
11 specific as possible.
12 The chairman of the Task Group shall publish a notice of
13 availability of the proposed criteria in the State newspaper,
14 make copies of the proposed criteria available without charge
15 to the public, and hold public hearings to receive comments
16 on the proposed criteria. Written comments on the proposed
17 criteria may be submitted to the chairman of the Task Group
18 within a time period to be determined by the Task Group.
19 Upon completion of the review of timely submitted comments on
20 the proposed criteria, the Task Group shall adopt criteria
21 for selection of a site for a regional disposal facility.
22 Adoption of the criteria is not subject to the Illinois
23 Administrative Procedure Act. The chairman of the Task Group
24 shall provide copies of the criteria to the Governor, the
25 President and Minority Leader of the Senate, the Speaker and
26 Minority Leader of the House, and all county boards in the
27 State of Illinois and shall make copies of the criteria
28 available without charge to the public.
29 (c) Upon adoption of the criteria, the Director of
30 Natural Resources shall direct the Scientific Surveys to
31 screen the State of Illinois. By September 30, 1997, the
32 Scientific Surveys shall (i) complete a Statewide screening
33 of the State using available information and the Surveys'
34 geography-based information system to produce individual and
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1 composite maps showing the application of individual
2 criteria; (ii) complete the evaluation of all land
3 volunteered before the effective date of this amendatory Act
4 of 1997 to determine whether any of the volunteered land
5 appears likely to satisfy the criteria; (iii) document the
6 results of the screening and volunteer site evaluations in a
7 written report and submit the report to the chairman of the
8 Task Group and to the Director; and (iv) transmit to the Task
9 Group and to the Department, in a form specified by the Task
10 Group and the Department, all information and documents
11 assembled by the Scientific Surveys in performing the
12 obligations of the Scientific Surveys under this Act. Upon
13 completion of the screening and volunteer site evaluation
14 process, the Director of the Department of Natural Resources
15 shall be replaced on the Task Group by a member appointed by
16 the Governor and confirmed by the Senate. The member
17 appointed to replace the Director of the Department of
18 Natural Resources shall have expertise that the Governor
19 determines to be appropriate.
20 (c-3) By December 1, 2000, Within 24 months after the
21 submittal of the report and documents by the Scientific
22 Surveys under subsection (c) of this Section, the Department,
23 in consultation with the Task Group, waste generators, and
24 any interested counties and municipalities and after holding
25 3 public hearings throughout the State, shall prepare a
26 report regarding, at a minimum, the impact and ramifications,
27 if any, of the following factors and circumstances on the
28 siting, design, licensure, development, construction,
29 operation, closure, and post-closure care of a regional
30 disposal facility:
31 (1) the federal, state, and regional programs for
32 the siting, development, and operation of disposal
33 facilities for low-level radioactive wastes and the
34 nature, extent, and likelihood of any legislative or
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1 administrative changes to those programs;
2 (2) (blank) the impacts of restrictions and
3 surcharges on disposal of low-level radioactive waste at
4 commercial disposal facilities outside the State of
5 Illinois;
6 (3) the current and most reliable projections
7 regarding the costs of the siting, design, development,
8 construction, operation, closure, decommissioning, and
9 post-closure care of a regional disposal facility;
10 (4) the current and most reliable estimates of the
11 total volume of low-level radioactive waste that will be
12 disposed at a regional disposal facility in Illinois and
13 the projected annual volume amounts;
14 (5) the nature and extent of the available, if any,
15 storage and disposal facilities outside the region of the
16 Compact for storage and disposal of low-level radioactive
17 waste generated from within the region of the Compact;
18 and
19 (6) the development and implementation of a
20 voluntary site selection process in which land may be
21 volunteered for the regional disposal facility jointly by
22 landowners and (i) the municipality in which the land is
23 located, (ii) every municipality within 1 1/2 miles of
24 the land if the land is not within a municipality, or
25 (iii) the county or counties in which the land is located
26 if the land is not within a municipality and not within 1
27 1/2 miles of a municipality. The Director shall provide
28 copies of the report to the Governor, the President and
29 Minority Leader of the Senate, and the Speaker and
30 Minority Leader of the House. The Director shall also
31 publish a notice of availability of the report in the
32 State newspaper and make copies of the report available
33 without charge to the public.
34 (c-5) Following submittal of the report pursuant to
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1 subsection (c-3) of this Section, the Department may shall
2 adopt rules establishing a site selection process for the
3 regional disposal facility. The site selection process
4 established by rule under this subsection shall require the
5 contractor selected by the Department pursuant to Sections 5
6 and 10 of this Act to propose one site to the Task Group for
7 approval under subsections (d) through (i) of this Section
8 and In developing rules, the Department shall also, at a
9 minimum, consider require the following:
10 (1) A comprehensive and open process under which
11 the land for sites recommended and proposed by the
12 contractor under subsection (e) of this Section shall be
13 volunteered lands as provided in this Section. Land may
14 be volunteered for the regional disposal facility jointly
15 by landowners and (i) the municipality in which the land
16 is located, (ii) every municipality with 1 1/2 miles of
17 the land if the land is not within a municipality, or
18 (iii) the county or counties in which the land is located
19 if the land is not within a municipality and not within 1
20 1/2 miles of a municipality.
21 (2) Utilization of the State screening and
22 volunteer site evaluation report prepared by the
23 Scientific Surveys under subsection (c) of this Section
24 for the purpose of determining whether proposed sites
25 appear likely to satisfy the site selection criteria.
26 (3) Coordination of the site selection process with
27 the projected annual and total volume of low-level
28 radioactive waste to be disposed at the regional disposal
29 facility as identified in the report prepared under
30 subsection (c-3) of this Section.
31 The site selection process established under this
32 subsection shall require the contractor selected by the
33 Department pursuant to Sections 5 and 10 of this Act to
34 propose one site to the Task Group for approval under
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1 subsections (d) through (i) of this Section.
2 (4) No proposed site shall be selected as the site for
3 the regional disposal facility unless it satisfies the site
4 selection criteria established by the Task Group under
5 subsection (b) of this Section.
6 (d) The contractor selected by the Department under
7 Sections 5 and 10 of this Act shall conduct evaluations,
8 including possible intrusive field investigations, of the
9 sites and locations identified under the site selection
10 process established under subsection (c-5) of this Section.
11 (e) Upon completion of the site evaluations, the
12 contractor selected by the Department shall identify one site
13 of at least 640 acres that appears promising for development
14 of the regional disposal facility in compliance with the site
15 selection criteria established by the Task Group pursuant to
16 subsection (b) of this Section. The contractor may conduct
17 any other evaluation of the site identified under this
18 subsection that the contractor deems appropriate to determine
19 whether the site satisfies the criteria adopted under
20 subsection (b) of this Section. Upon completion of the
21 evaluations under this subsection, the contractor shall
22 prepare and submit to the Department a report on the
23 evaluation of the identified site, including a recommendation
24 as to whether the identified site should be further
25 considered for selection as a site for the regional disposal
26 facility. A site so recommended for further consideration is
27 hereinafter referred to as a "proposed site".
28 (f) A report completed under subsection (e) of this
29 Section that recommends a proposed site shall also be
30 submitted to the chairman of the Task Group. Within 45 days
31 following receipt of a report, the chairman of the Task Group
32 shall publish in newspapers of general circulation in the
33 county or counties in which a proposed site is located a
34 notice of the availability of the report and a notice of a
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1 public meeting. The chairman of the Task Group shall also,
2 within the 45-day period, provide copies of the report and
3 the notice to the Governor, the President and Minority Leader
4 of the Senate, the Speaker and Minority Leader of the House,
5 members of the General Assembly from the legislative district
6 or districts in which a proposed site is located, the county
7 board or boards of the county or counties containing a
8 proposed site, and each city, village, and incorporated town
9 within a 5 mile radius of a proposed site. The chairman of
10 the Task Group shall make copies of the report available
11 without charge to the public.
12 (g) The chairman of the Task Group shall convene at
13 least one public meeting on each proposed site. At the
14 public meeting or meetings, the contractor selected by the
15 Department shall present the results of the evaluation of the
16 proposed site. The Task Group shall receive such other
17 written and oral information about the proposed site that may
18 be submitted at the meeting. Following the meeting, the Task
19 Group shall decide whether the proposed site satisfies the
20 criteria adopted under subsection (b) of this Section. If
21 the Task Group determines that the proposed site does not
22 satisfy the criteria, the Department may require a contractor
23 to submit a further report pursuant to subsection (e) of this
24 Section proposing another site from the locations identified
25 under the site selection process established pursuant to
26 subsection (c-5) of this Section as likely to satisfy the
27 criteria. Following notice and distribution of the report as
28 required by subsection (f) of this Section, the new proposed
29 site shall be the subject of a public meeting under this
30 subsection. The contractor selected by the Department shall
31 propose additional sites, and the Task Group shall conduct
32 additional public meetings, until the Task Group has approved
33 a proposed site recommended by a contractor as satisfying the
34 criteria adopted under subsection (b) of this Section. In
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1 the event that the Task Group does not approve any of the
2 proposed sites recommended by the contractor under this
3 subsection as satisfying the criteria adopted under
4 subsection (b) of this Section, the Task Group shall
5 immediately suspend all work and the Department shall prepare
6 a study containing, at a minimum, the Department's
7 recommendations regarding the viability of the site selection
8 process established pursuant to this Act, based on the
9 factors and circumstances specified in items (1) through (6)
10 of subsection (c-3) of Section 10.2. The Department shall
11 provide copies of the study to the Governor, the President
12 and Minority Leader of the Senate, and the Speaker and
13 Minority Leader of the House. The Department shall also
14 publish a notice of availability of the study in the State
15 newspaper and make copies of the report available without
16 charge to the public.
17 (h) (Blank).
18 (i) Upon the Task Group's decision that a proposed site
19 satisfies the criteria adopted under subsection (b) of this
20 Section, the contractor shall proceed with the
21 characterization and licensure of the proposed site under
22 Section 10.3 of this Act and the Task Group shall immediately
23 suspend all work, except as otherwise specifically required
24 in subsection (b) of Section 10.3 of this Act.
25 (Source: P.A. 89-445, eff. 2-7-96; 89-479, eff. 6-18-96;
26 90-29, eff. 6-26-97.)
27 (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
28 Sec. 11. Report by the Department.
29 (a) (Blank).
30 (b) (Blank) No later than March 31, 1993, the Department
31 shall deliver to the Governor, the President and Minority
32 Leader of the Senate, and the Speaker and Minority Leader of
33 the House a report on the impacts of restrictions and
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1 surcharges on disposal of low-level radioactive waste at
2 commercial disposal facilities outside the State of Illinois.
3 The report shall include the Department's recommendations
4 with regard to the need for additional interim storage
5 capacity and with regard to a new process for the timely and
6 cost effective establishment of a permanent disposal facility
7 updating the report submitted
15 pursuant to subsection (b) of this Section. The updated
16 report required by this subsection that shall include, at a
17 minimum, an updated analysis of the impacts of restrictions
18 and surcharges on disposal of low-level radioactive waste at
19 commercial disposal facilities outside the State of Illinois
20 and the Department's analysis of, and recommendations
21 regarding, the feasibility of a centralized interim storage
22 facility for low-level radioactive waste generated within the
23 region of the Compact and the nature and extent, if any, of
24 the generator's or any other entity's responsibility for or
25 title to the waste to be stored at a centralized interim
26 storage facility after the waste has been delivered to that
27 facility.
28 (Source: P.A. 90-29, eff. 6-26-97.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".