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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB2642
LRB9101293ACtm
1 AN ACT to amend the Illinois Nuclear Safety Preparedness
2 Act by changing Section 4.
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 Section 4 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
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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
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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 Section 99. Effective date. This Act takes effect upon
17 becoming law.