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91_HB4482enr HB4482 Enrolled LRB9112310ACtm 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 HB4482 Enrolled -2- LRB9112310ACtm 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 under subparagraph (3) of this Section. The 19 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. HB4482 Enrolled -3- LRB9112310ACtm 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 HB4482 Enrolled -4- LRB9112310ACtm 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. HB4482 Enrolled -5- LRB9112310ACtm 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 truckcask5 for each truck shipment and $4,500 for the first cask and 6 $3,000 for each additional cask for each rail shipment of 7 spent nuclear fuel, high-level radioactive waste, or 8 transuranic waste received at or departing from any nuclear 9 power station or away-from-reactor spent nuclear fuel, 10 high-level radioactive waste, or transuranic waste storage 11 facility in this State to be paid by the shipper of the spent 12 nuclear fuel, high level radioactive waste, or transuranic 13 waste. Single cask truck shipments of greater than 250 miles 14 in Illinois are subject to a surcharge of $25 per mile over 15 250 miles for the first truck in each shipment. The amount 16 of fees collected each fiscal year under this subparagraph 17 shall be excluded from the calculation of credits under 18 subparagraph (3) of this Section. 19 (11) A fee assessed at the rate of $2,500 per truckcask20 for each truck shipment and $4,500 for the first cask and 21 $3,000 for each additional cask for each rail shipment of 22 spent nuclear fuel, high-level radioactive waste, or 23 transuranic waste traversing the State to be paid by the 24 shipper of the spent nuclear fuel, high level radioactive 25 waste, or transuranic waste. Single cask truck shipments of 26 greater than 250 miles in Illinois are subject to a surcharge 27 of $25 per mile over 250 miles for the first truck in each 28 shipment. The amount of fees collected each fiscal year 29 under this subparagraph shall be excluded from the 30 calculation of credits under subparagraph (3) of this 31 Section. 32 (12) In each of the State fiscal years 1988 through 33 1991, in addition to the annual fee provided for in 34 subparagraph (3), a fee of $400,000 for each nuclear power HB4482 Enrolled -6- LRB9112310ACtm 1 reactor for which an operating license has been issued by the 2 NRC, to be paid by the owners of nuclear power reactors 3 operating in this State. Within 120 days after the end of 4 the State fiscal years ending June 30, 1988, June 30, 1989, 5 June 30, 1990, and June 30, 1991, the Department shall 6 determine the expenses of the Illinois Nuclear Safety 7 Preparedness Program paid from funds appropriated for those 8 fiscal years. When the aggregate of all fees, charges, and 9 surcharges collected under this Section during any fiscal 10 year exceeds the total expenditures under this Act from 11 appropriations for that fiscal year, the excess shall be 12 credited to the owners of nuclear power reactors who are 13 assessed fees under this subparagraph, and the credits shall 14 be applied against the fees to be collected under this 15 subparagraph for the subsequent fiscal year. Each owner shall 16 receive as a credit that amount of the excess that 17 corresponds proportionately to the amount the owner 18 contributed to all fees collected under this subparagraph in 19 the fiscal year that produced the excess. 20 (Source: P.A. 90-34, eff. 6-27-97; 90-601, eff. 6-26-98; 21 91-47, eff. 6-30-99.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.