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91_HB2767eng HB2767 Engrossed LRB9101295ACcs 1 AN ACT to amend the Radiation Protection Act of 1990 by 2 changing Section 11. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Radiation Protection Act of 1990 is 6 amended by changing Section 11 as follows: 7 (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11) 8 Sec. 11. Federal-State Agreements. 9 (1) The Governor, on behalf of this State, is authorized 10 to enter into agreements with the Federal Government 11 providing for discontinuance of certain of the Federal 12 Government's responsibilities with respect to sources of 13 ionizing radiation and the assumption thereof by this State, 14 including, but not limited to, agreements concerning 15 by-product material as defined in Section 11(e)(2) of the 16 Atomic Energy Act of 1954, 42 U.S.C. 2014(e)(2). 17 (2) Any person who, on the effective date of an 18 agreement under subsection (1) above, possesses a license 19 issued by the Federal Government governing activities for 20 which the Federal Government, pursuant to such agreement, is 21 transferring its responsibilities to this State shall be 22 deemed to possess the same pursuant to a license issued under 23 this Act, which shall expire 90 days after receipt from the 24 Department of a notice of expiration of such license, or on 25 the date of expiration specified in the Federal license, 26 whichever is earlier. 27 (3) At such time as Illinois enters into a Federal-State 28 Agreement in accordance with the provisions of this Act, the 29 Department shall license and collect license fees from 30 persons operating radiation installations, including 31 installations involving the use or possession of by-product HB2767 Engrossed -2- LRB9101295ACcs 1 material as defined in subsection (a)(2) of Section 4 and 2 installations having such devices or equipment utilizing or 3 producing radioactive materials but licensure shall not apply 4 to any x-ray machine, including those located in an office of 5 a licensed physician or dentist. The Department may also 6 collect license fees from persons authorized by the 7 Department to engage in decommissioning and decontamination 8 activities at radiation installations including installations 9 licensed to use or possess by-product material as defined in 10 subsection (a)(2) of Section 4. The license fees collected 11 from persons authorized to use or possess by-product material 12 as defined in subsection (a)(2) of Section 4 or to engage in 13 decommissioning and decontamination activities at radiation 14 installations where such by-product material is used or 15 possessed may include fees sufficient to cover the expenses 16 incurred by the Department in conjunction with monitoring 17 unlicensed properties contaminated with by-product material 18 as defined in subsection (a)(2) of Section 4 and overseeing 19 the decontamination of such unlicensed properties. 20 The Department may impose fees for termination of 21 licenses including, but not limited to, licenses for refining 22 uranium mill concentrates to uranium hexafluoride; licenses 23 for possession and use of source material at ore buying 24 stations, at ion exchange facilities and at facilities where 25 ore is processed to extract metals other than uranium or 26 thorium; and licenses authorizing the use or possession of 27 by-product material as defined in subsection (a)(2) of 28 Section 4. The Department may also set license fees for 29 licenses which authorize the distribution of devices, 30 products, or sealed sources involved in the production, 31 utilization, or containment of radiation. After a public 32 hearing before the Department, the fees and collection 33 procedures shall be prescribed under rules and regulations 34 for protection against radiation hazards promulgated under HB2767 Engrossed -3- LRB9101295ACcs 1 this Act. 2 (4) The Department is authorized to enter into 3 agreements related to the receipt and expenditure of federal 4 grants and other funds to provide assistance to states and 5 compact regions in fulfilling responsibilities under the 6 federal Low-Level Radioactive Waste Policy Act, as amended. 7 (Source: P.A. 86-1341; 87-637.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.