Bill Text: IL HB2473 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Public Utilities Act. Makes changes concerning the circumstances under which construction may commence on nuclear power plants and nuclear power reactors. Removes the definition of "high-level nuclear waste". Amends the Nuclear Safety Law of 2004. Requires the Illinois Emergency Management and Office of Homeland Security to adopt rules for the regulation of small modular reactors, including rules regarding decommissioning, emergency preparedness, and fees. Sets forth provisions concerning inspections of small modular reactors. Authorizes the Governor to commission a study on regulatory gaps for the development of small modular reactors in the State. Requires the Illinois Emergency Management Agency and Office of Homeland Security to lead the study by researching and developing small modular reactors. Provides that the Agency shall finalize the study and publish a publicly available copy on its website and submit a copy to the General Assembly. Sets forth the requirements of the study. Repeals the provision requiring the study on January 1, 2027. Provides that the Illinois Nuclear Safety Preparedness Act and the Illinois Nuclear Facility Safety Act do not apply to small modular reactors. Amends various Acts regarding nuclear safety, radiation, and radioactive waste to define terms and make related changes.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-12-08 - Public Act . . . . . . . . . 103-0569 [HB2473 Detail]

Download: Illinois-2023-HB2473-Chaptered.html

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Public Act 103-0569
HB2473 Enrolled LRB103 28983 AMQ 55369 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nuclear Safety Law of 2004 is amended by
changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 40.5, 50, 55,
65, 70, 75, and 85 and by adding Sections 8 and 90 as follows:
(20 ILCS 3310/5)
Sec. 5. Cross references. The Illinois Emergency
Management Agency shall exercise, administer, and enforce all
rights, powers, and duties vested in Department of Nuclear
Safety by the following named Acts or Sections of those Acts:
(1) The Radiation Protection Act of 1990.
(2) The Radioactive Waste Storage Act.
(3) (Blank).
(4) The Laser System Act of 1997.
(5) The Illinois Nuclear Safety Preparedness Act.
(6) The Radioactive Waste Compact Enforcement Act.
(7) Illinois Low-Level Radioactive Waste Management
Act.
(8) Illinois Nuclear Facility Safety Act.
(9) Radioactive Waste Tracking and Permitting Act.
(10) Radon Industry Licensing Act.
(11) Uranium and Thorium Mill Tailings Control Act.

(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 3310/8 new)
Sec. 8. Definitions. In this Act:
"IEMA-OHS" means the Illinois Emergency Management Agency
and Office of Homeland Security, or its successor agency.
"Director" means the Director of IEMA-OHS.
"Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
"Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an
atomic weapon, designed or used to sustain nuclear fission in
a self-supporting chain reaction.
"Small modular reactor" or "SMR" means an advanced nuclear
reactor: (1) with a rated nameplate capacity of 300 electrical
megawatts or less; and (2) that may be constructed and
operated in combination with similar reactors at a single
site.
(20 ILCS 3310/10)

Sec. 10. Nuclear and radioactive materials disposal. The
Illinois Emergency Management Agency shall formulate a
comprehensive plan regarding disposal of nuclear and
radioactive materials in this State. The Illinois Emergency
Management Agency shall establish minimum standards for
disposal sites, shall evaluate and publicize potential effects
on the public health and safety, and shall report to the
Governor and General Assembly all violations of the adopted
standards. In carrying out this function, the Illinois
Emergency Management Agency shall work in cooperation with the
Radiation Protection Advisory Council.
(Source: P.A. 93-1029, eff. 8-25-04.)
(20 ILCS 3310/15)
Sec. 15. Radiation sources; radioactive waste disposal.
The Illinois Emergency Management Agency, instead of the
Department of Nuclear Safety, shall register, license,
inspect, and control radiation sources, shall purchase, lease,
accept, or acquire lands, buildings, and grounds where
radioactive wastes can be disposed, and shall supervise and
regulate the operation of the disposal sites.
(Source: P.A. 93-1029, eff. 8-25-04.)
(20 ILCS 3310/20)
Sec. 20. Nuclear waste sites.
(a) The Illinois Emergency Management Agency shall conduct

a survey and prepare and publish a list of sites in the State
where nuclear waste has been deposited, treated, or stored.
(b) The Illinois Emergency Management Agency shall monitor
nuclear waste processing, use, handling, storage, and disposal
practices in the State, and shall determine existing and
expected rates of production of nuclear wastes.
(c) The Illinois Emergency Management Agency shall compile
and make available to the public an annual report identifying
the type and quantities of nuclear waste generated, stored,
treated, or disposed of within this State and containing the
other information required to be collected under this Section.
(Source: P.A. 93-1029, eff. 8-25-04.)
(20 ILCS 3310/25)
Sec. 25. Boiler and pressure vessel safety. The Illinois
Emergency Management Agency shall exercise, administer, and
enforce all of the following rights, powers, and duties:
(1) Rights, powers, and duties vested in the
Department of Nuclear Safety by the Boiler and Pressure
Vessel Safety Act prior to the abolishment of the
Department of Nuclear Safety, to the extent the rights,
powers, and duties relate to nuclear steam-generating
facilities.
(2) Rights, powers, and duties relating to nuclear
steam-generating facilities vested in the Department of
Nuclear Safety by the Boiler and Pressure Vessel Safety

Act prior to the abolishment of the Department of Nuclear
Safety, which include but are not limited to the
formulation of definitions, rules, and regulations for the
safe and proper construction, installation, repair, use,
and operation of nuclear steam-generating facilities, the
adoption of rules for already installed nuclear
steam-generating facilities, the adoption of rules for
accidents in nuclear steam-generating facilities, the
examination for or suspension of inspectors' licenses of
the facilities, and the hearing of appeals from decisions
relating to the facilities.
(3) Rights, powers, and duties relating to nuclear
steam-generating facilities, vested in the State Fire
Marshal, the Chief Inspector, or the Department of Nuclear
Safety prior to its abolishment, by the Boiler and
Pressure Vessel Safety Act, which include but are not
limited to the employment of inspectors of nuclear
steam-generating facilities, issuance or suspension of
their commissions, prosecution of the Act or rules
promulgated thereunder for violations by nuclear
steam-generating facilities, maintenance of inspection
records of all the facilities, publication of rules
relating to the facilities, having free access to the
facilities, issuance of inspection certificates of the
facilities, and the furnishing of bonds conditioned upon
the faithful performance of their duties. The Director of

the Illinois Emergency Management Agency may designate a
Chief Inspector, or other inspectors, as he or she deems
necessary to perform the functions transferred by this
Section.
The transfer of rights, powers, and duties specified in
paragraphs (1), (2), and (3) is limited to the program
transferred by this Act and shall not be deemed to abolish or
diminish the exercise of those same rights, powers, and duties
by the Office of the State Fire Marshal, the Board of Boiler
and Pressure Vessel Rules, the State Fire Marshal, or the
Chief Inspector with respect to programs retained by the
Office of the State Fire Marshal.
(Source: P.A. 95-777, eff. 8-4-08.)
(20 ILCS 3310/30)
Sec. 30. Powers vested in Environmental Protection Agency.
(a) The Illinois Emergency Management Agency shall
exercise, administer, and enforce all rights, powers, and
duties vested in the Environmental Protection Agency by
paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q,
and r of Section 4 and by Sections 30 through 45 of the
Environmental Protection Act, to the extent that these powers
relate to standards of the Pollution Control Board adopted
under Section 35 of this Act. The transfer of rights, powers,
and duties specified in this Section is limited to the
programs transferred by Public Act 81-1516 and this Act and

shall not be deemed to abolish or diminish the exercise of
those same rights, powers, and duties by the Environmental
Protection Agency with respect to programs retained by the
Environmental Protection Agency.
(b) Notwithstanding provisions in Sections 4 and 17.7 of
the Environmental Protection Act, the Environmental Protection
Agency is not required to perform analytical services for
community water supplies to determine compliance with
contaminant levels for radionuclides as specified in State or
federal drinking water regulations.
(Source: P.A. 99-83, eff. 7-20-15.)
(20 ILCS 3310/35)
Sec. 35. Pollution Control Board regulations concerning
nuclear plants. The Illinois Emergency Management Agency shall
enforce the regulations promulgated by the Pollution Control
Board under Section 25b of the Environmental Protection Act.
Under these regulations the Illinois Emergency Management
Agency shall require that a person, corporation, or public
authority intending to construct a nuclear steam-generating
facility or a nuclear fuel reprocessing plant file with the
Illinois Emergency Management Agency an environmental
feasibility report that incorporates the data provided in the
preliminary safety analysis required to be filed with the
United States Nuclear Regulatory Commission.
(Source: P.A. 93-1029, eff. 8-25-04.)

(20 ILCS 3310/40)
Sec. 40. Regulation of nuclear safety.
(a) The Illinois Emergency Management Agency shall have
primary responsibility for the coordination and oversight of
all State governmental functions concerning the regulation of
nuclear power, including low level waste management,
environmental monitoring, environmental radiochemical
analysis, and transportation of nuclear waste. Functions
performed by the Illinois State Police and the Department of
Transportation in the area of nuclear safety, on the effective
date of this Act, may continue to be performed by these
agencies but under the direction of the Illinois Emergency
Management Agency. All other governmental functions regulating
nuclear safety shall be coordinated by the Illinois Emergency
Management Agency.
(b) IEMA-OHS, in consultation with the Illinois
Environmental Protection Agency, shall adopt rules for the
regulation of small modular reactors. The rules shall be
adopted by January 1, 2026 and shall include criteria for
decommissioning, environmental monitoring, and emergency
preparedness. The rules shall include a fee structure to cover
IEMA-OHS costs for regulation and inspection. The fee
structure may include fees to cover costs of local government
emergency response preparedness through grants administered by
IEMA-OHS. None of the rules developed by the Illinois

Emergency Management Agency and Office of Homeland Security or
any other State agency, board, or commission pursuant to this
Act shall be construed to supersede the authority of the U.S.
Nuclear Regulatory Commission. The changes made by this
amendatory Act of the 103rd General Assembly shall not apply
to the uprate, renewal, or subsequent renewal of any license
for an existing nuclear power reactor that began operation
prior to the effective date of this amendatory Act of the 103rd
General Assembly. Any fees collected under this subsection
shall be deposited into the Nuclear Safety Emergency
Preparedness Fund created pursuant to Section 7 of the
Illinois Nuclear Safety Preparedness Act.
(c) Consistent with federal law and policy statements of
and cooperative agreements with the U.S. Nuclear Regulatory
Commission with respect to State participation in health and
safety regulation of nuclear facilities, and in recognition of
the role provided for the states by such laws, policy
statements, and cooperative agreements, IEMA-OHS may develop
and implement a program for inspections of small modular
reactors, both operational and non-operational. The owner of
each small modular reactor shall allow access to IEMA-OHS
inspectors of all premises and records of the small modular
reactor. The IEMA-OHS inspectors shall operate in accordance
with any cooperative agreements executed between IEMA-OHS and
the U.S. Nuclear Regulatory Commission. The IEMA-OHS
inspectors shall operate in accordance with the security plan

for the small modular reactor. IEMA-OHS programs and
activities under this Section shall not be inconsistent with
federal law.
(d) IEMA-OHS shall be authorized to conduct activities
specified in Section 8 of the Illinois Nuclear Safety
Preparedness Act in regard to small modular reactors.
(Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(20 ILCS 3310/40.5)
Sec. 40.5. Radiochemistry laboratory program. The Illinois
Emergency Management Agency shall implement a comprehensive
radiochemistry laboratory program. The Director of the
Illinois Emergency Management Agency, in accordance with the
Personnel Code, shall employ and direct such personnel, and
shall provide for such laboratory and other facilities, as may
be necessary to carry out the purposes of this Act and the Acts
referenced in Section 5.
(Source: P.A. 102-133, eff. 7-23-21.)
(20 ILCS 3310/50)
Sec. 50. Personnel transferred. Personnel previously
assigned to the programs transferred from the Department of
Nuclear Safety are hereby transferred to the Illinois
Emergency Management Agency (now the Illinois Emergency
Management Agency and Office of Homeland Security). The rights

of the employees, the State, and executive agencies under the
Personnel Code, any collective bargaining agreement, or any
pension, retirement, or annuity plan shall not be affected by
this Act.
(Source: P.A. 93-1029, eff. 8-25-04.)
(20 ILCS 3310/55)
Sec. 55. Records and property transferred. All books,
records, papers, documents, property (real or personal),
unexpended appropriations, and pending business in any way
pertaining to the rights, powers, and duties transferred by
this Act shall be delivered and transferred to the Illinois
Emergency Management Agency (now the Illinois Emergency
Management Agency and Office of Homeland Security).
(Source: P.A. 93-1029, eff. 8-25-04.)
(20 ILCS 3310/65)
Sec. 65. Nuclear accident plan. The Illinois Emergency
Management Agency shall have primary responsibility to
formulate a comprehensive emergency preparedness and response
plan for any nuclear accident. The Illinois Emergency
Management Agency shall also train and maintain an emergency
response team.
(Source: P.A. 93-1029, eff. 8-25-04.)
(20 ILCS 3310/70)

Sec. 70. Nuclear and radioactive materials transportation
plan. The Illinois Emergency Management Agency shall formulate
a comprehensive plan regarding the transportation of nuclear
and radioactive materials in Illinois. The Illinois Emergency
Management Agency shall have primary responsibility for all
State governmental regulation of the transportation of nuclear
and radioactive materials, insofar as the regulation pertains
to the public health and safety. This responsibility shall
include but not be limited to the authority to oversee and
coordinate regulatory functions performed by the Department of
Transportation, the Illinois State Police, and the Illinois
Commerce Commission.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 3310/75)
Sec. 75. State nuclear power policy. Subject to
appropriation, the Illinois Emergency Management Agency, in
cooperation with the Department of Natural Resources, shall
study (i) the impact and cost of nuclear power and compare
these to the impact and cost of alternative sources of energy,
(ii) the potential effects on the public health and safety of
all radioactive emissions from nuclear power plants, and (iii)
all other factors that bear on the use of nuclear power or on
nuclear safety. The Illinois Emergency Management Agency shall
formulate a general nuclear policy for the State based on the
findings of the study. The policy shall include but not be

limited to the feasibility of continued use of nuclear power,
effects of the use of nuclear power on the public health and
safety, minimum acceptable standards for the location of any
future nuclear power plants, and rules and regulations for the
reporting by public utilities of radioactive emissions from
power plants. The Illinois Emergency Management Agency shall
establish a reliable system for communication between the
public and the Illinois Emergency Management Agency and for
dissemination of information by the Illinois Emergency
Management Agency. The Illinois Emergency Management Agency
shall publicize the findings of all studies and make the
publications reasonably available to the public.
(Source: P.A. 101-149, eff. 7-26-19.)
(20 ILCS 3310/85)
Sec. 85. Saving clause.
(a) The rights, powers and duties transferred to the
Illinois Emergency Management Agency (now the Illinois
Emergency Management Agency and Office of Homeland Security)
by this Act shall be vested in and shall be exercised by the
Illinois Emergency Management Agency (now the Illinois
Emergency Management Agency and Office of Homeland Security).
Each act done in exercise of such rights, powers, and duties
shall have the same legal effect as if done by the Department
of Nuclear Safety, its divisions, officers, or employees.
(b) Every person or corporation shall be subject to the

same obligations and duties and any penalties, civil or
criminal, arising therefrom, and shall have the same rights
arising from the exercise of such powers, duties, rights and
responsibilities as had been exercised by the Department of
Nuclear Safety, its divisions, officers or employees.
(c) Every officer of the Illinois Emergency Management
Agency and Office of Homeland Security shall, for any offense,
be subject to the same penalty or penalties, civil or
criminal, as are prescribed by existing law for the same
offense by any officer whose powers or duties were transferred
under this Act.
(d) Whenever reports or notices are now required to be
made or given or papers or documents furnished or served by any
person to or upon the agencies and officers transferred by
this Act, the same shall be made, given, furnished, or served
in the same manner to or upon the Illinois Emergency
Management Agency (now the Illinois Emergency Management
Agency and Office of Homeland Security).
(e) This Act shall not affect any act done, ratified, or
canceled or any right occurring or established or any action
or proceeding had or commenced in an administrative, civil, or
criminal cause regarding the Department of Nuclear Safety
before this Act takes effect, but such actions or proceedings
may be prosecuted and continued by the Illinois Emergency
Management Agency (now the Illinois Emergency Management
Agency and Office of Homeland Security).

(f) Any rules of the Department of Nuclear Safety that are
in full force on the effective date of this Act and that have
been duly adopted by the Illinois Emergency Management Agency
(now the Illinois Emergency Management Agency and Office of
Homeland Security) shall become the rules of the Illinois
Emergency Management Agency (now the Illinois Emergency
Management Agency and Office of Homeland Security). This Act
shall not affect the legality of any such rules in the Illinois
Administrative Code. Any proposed rules filed with the
Secretary of State by the Department of Nuclear Safety that
are pending in the rulemaking process on the effective date of
this Act, shall be deemed to have been filed by the Illinois
Emergency Management Agency (now the Illinois Emergency
Management Agency and Office of Homeland Security). As soon as
practicable hereafter, the Illinois Emergency Management
Agency (now the Illinois Emergency Management Agency and
Office of Homeland Security) shall revise and clarify the
rules transferred to it under this Act to reflect the
reorganization of rights, powers, and duties effected by this
Act using the procedures for recodification of rules available
under the Illinois Administrative Procedure Act, except that
existing title, part, and section numbering for the affected
rules may be retained. The Illinois Emergency Management
Agency and Office of Homeland Security may propose and adopt
under the Illinois Administrative Procedure Act such other
rules of the reorganized agencies that will now be

administered by the Illinois Emergency Management Agency and
Office of Homeland Security.
(g) If any provision of this Act or its application to any
person or circumstances is held invalid by any court of
competent jurisdiction, this invalidity does not affect any
other provision or application. To achieve this purpose, the
provisions of this Act are declared to be severable.
(Source: P.A. 93-1029, eff. 8-25-04.)
(20 ILCS 3310/90 new)
Sec. 90. Small modular reactor study.
(a) The Governor may commission a study on the potential
for development of small modular reactors in this State. No
later than January 1, 2025, subject to appropriation, the
Governor is authorized to commission a study, led by the
Illinois Emergency Management Agency and Office of Homeland
Security, to research the State's role in guiding the
development of small modular reactors.
IEMA-OHS shall publish a draft of the study for a 30-day
public comment period. After the conclusion of the public
comment period, IEMA-OHS shall finalize the study, post a
publicly available copy on its website, and submit a copy to
the General Assembly.
(b) The study shall include, at a minimum, the following:
(1) a review of the current state of small modular
reactor technologies and the characteristics of nuclear

reactor technologies currently under research and
development and expected to enter the market by 2040;
(2) a review of the following federal regulatory and
permitting issues concerning small modular reactors:
(A) current and proposed permitting and approval
processes for small modular reactors conducted by
federal agencies, including, but not limited to, the
Nuclear Regulatory Commission, the Federal Emergency
Management Agency, and the United States Environmental
Protection Agency;
(B) the projected timeline of such federal
permitting and approval processes;
(C) federal regulation of small modular reactors
over the life of those facilities; and
(D) federal regulation of the storage and disposal
of wastes generated by those facilities;
(3) a review of the following State and local
regulatory and permitting issues concerning small modular
reactors and other sources of electricity generation:
(A) current and proposed State and local
permitting and approval processes for small modular
reactors and other sources of electricity generation,
as applicable;
(B) State and local regulation of small modular
reactors and other sources of electricity generation
over the life of those facilities; and

(C) State and local regulation of the storage and
disposal of wastes generated by those facilities;
(4) a review of the following small modular reactor
regulatory and permitting issues in other state and local
jurisdictions;
(A) current and proposed State and local
permitting and approval processes for small modular
reactors in other state and local jurisdictions;
(B) regulation by other state and local
jurisdictions of small modular reactors over the life
of those facilities; and
(C) regulation by other state and local
jurisdictions of the storage and disposal of wastes
generated by those facilities;
(5) a risk analysis of the potential impacts to the
health and well-being of the people of the State,
including benefits from the reduction in carbon emissions,
associated with the development of small modular reactors;
(6) an analysis on the impact the deployment of small
modular reactors will have on resource adequacy in
Illinois regional power grids and on the costs to
electricity consumers; and
(7) an analysis of potential water sources for use by
small modular reactors and whether such usage would
jeopardize public consumption, future supply, or natural
conditions of such water source.

(c) This Section is repealed on January 1, 2027.
Section 10. The Radioactive Waste Compact Enforcement Act
is amended by changing Sections 15 and 25 as follows:
(45 ILCS 141/15)
Sec. 15. Definitions. In this Act:
"IEMA-OHS" means the Illinois Emergency Management Agency
and Office of Homeland Security, or its successor agency.
"Commission" means the Central Midwest Interstate
Low-Level Radioactive Waste Commission.
"Compact" means the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
"Director" means the Director of IEMA-OHS.
"Disposal" means the isolation of waste from the biosphere
in a permanent facility designed for that purpose.
"Facility" means a parcel of land or site, together with
the structures, equipment, and improvements on or appurtenant
to the land or site, that is used or is being developed for the
treatment, storage or disposal of low-level radioactive waste.
"Low-level radioactive waste" or "waste" means radioactive
waste not classified as (1) high-level radioactive waste, (2)
transuranic waste, (3) spent nuclear fuel, or (4) byproduct
material as defined in Sections 11e(2), 11e(3), and 11e(4) of
the Atomic Energy Act (42 U.S.C. 2014). This definition shall
apply notwithstanding any declaration by the federal

government, a state, or any regulatory agency that any
radioactive material is exempt from any regulatory control.
"Management plan" means the plan adopted by the Commission
for the storage, transportation, treatment and disposal of
waste within the region.
"Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
"Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an
atomic weapon, designed or used to sustain nuclear fission in
a self-supporting chain reaction.
"Person" means any individual, corporation, business
enterprise or other legal entity, public or private, and any
legal successor, representative, agent or agency of that
individual, corporation, business enterprise, or legal entity.
"Region" means the geographical area of the State of
Illinois and the Commonwealth of Kentucky.
"Regional Facility" means any facility as defined in this
Act that is (1) located in Illinois, and (2) established by
Illinois pursuant to designation of Illinois as a host state

by the Commission.
"Small modular reactor" or "SMR" means an advanced nuclear
reactor: (1) with a rated nameplate capacity of 300 electrical
megawatts or less; and (2) that may be constructed and
operated in combination with similar reactors at a single
site.
"Storage" means the temporary holding of radioactive
material for treatment or disposal.
"Treatment" means any method, technique or process,
including storage for radioactive decay, designed to change
the physical, chemical, or biological characteristics of the
radioactive material in order to render the radioactive
material safe for transport or management, amenable to
recovery, convertible to another usable material, or reduced
in volume.
(Source: P.A. 103-306, eff. 7-28-23.)
(45 ILCS 141/25)
Sec. 25. Enforcement.
(a) The Illinois Emergency Management Agency (Agency)
shall adopt regulations to administer and enforce the
provisions of this Act. The regulations shall be adopted with
the consultation and cooperation of the Commission.
Regulations adopted by the Agency under this Act shall
prohibit the shipment into or acceptance of waste in Illinois
if the shipment or acceptance would result in a violation of

any provision of the Compact or this Act.
(b) The Agency may, by regulation, impose conditions on
the shipment into or acceptance of waste in Illinois that the
Agency determines to be reasonable and necessary to enforce
the provisions of this Act. The conditions may include, but
are not limited to (i) requiring prior notification of any
proposed shipment or receipt of waste; (ii) requiring the
shipper or recipient to identify the location to which the
waste will be sent for disposal following treatment or storage
in Illinois; (iii) limiting the time that waste from outside
Illinois may be held in Illinois; (iv) requiring the shipper
or recipient to post bond or by other mechanism to assure that
radioactive material will not be treated, stored, or disposed
of in Illinois in violation of any provision of this Act; (v)
requiring that the shipper consent to service of process
before shipment of waste into Illinois.
(c) The Agency shall, by regulation, impose a system of
civil penalties in accordance with the provisions of this Act.
Amounts recovered under these regulations shall be deposited
in the Low-Level Radioactive Waste Facility Development and
Operation Fund.
(d) The regulations adopted by the Agency may provide for
the granting of exemptions, but only upon a showing by the
applicant that the granting of an exemption would be
consistent with the Compact.
(Source: P.A. 95-777, eff. 8-4-08.)

Section 15. The Public Utilities Act is amended by
changing Section 8-406 as follows:
(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
Sec. 8-406. Certificate of public convenience and
necessity.
(a) No public utility not owning any city or village
franchise nor engaged in performing any public service or in
furnishing any product or commodity within this State as of
July 1, 1921 and not possessing a certificate of public
convenience and necessity from the Illinois Commerce
Commission, the State Public Utilities Commission, or the
Public Utilities Commission, at the time Public Act 84-617
goes into effect (January 1, 1986), shall transact any
business in this State until it shall have obtained a
certificate from the Commission that public convenience and
necessity require the transaction of such business. A
certificate of public convenience and necessity requiring the
transaction of public utility business in any area of this
State shall include authorization to the public utility
receiving the certificate of public convenience and necessity
to construct such plant, equipment, property, or facility as
is provided for under the terms and conditions of its tariff
and as is necessary to provide utility service and carry out
the transaction of public utility business by the public

utility in the designated area.
(b) No public utility shall begin the construction of any
new plant, equipment, property, or facility which is not in
substitution of any existing plant, equipment, property, or
facility, or any extension or alteration thereof or in
addition thereto, unless and until it shall have obtained from
the Commission a certificate that public convenience and
necessity require such construction. Whenever after a hearing
the Commission determines that any new construction or the
transaction of any business by a public utility will promote
the public convenience and is necessary thereto, it shall have
the power to issue certificates of public convenience and
necessity. The Commission shall determine that proposed
construction will promote the public convenience and necessity
only if the utility demonstrates: (1) that the proposed
construction is necessary to provide adequate, reliable, and
efficient service to its customers and is the least-cost means
of satisfying the service needs of its customers or that the
proposed construction will promote the development of an
effectively competitive electricity market that operates
efficiently, is equitable to all customers, and is the least
cost means of satisfying those objectives; (2) that the
utility is capable of efficiently managing and supervising the
construction process and has taken sufficient action to ensure
adequate and efficient construction and supervision thereof;
and (3) that the utility is capable of financing the proposed

construction without significant adverse financial
consequences for the utility or its customers.
(b-5) As used in this subsection (b-5):
"Qualifying direct current applicant" means an entity that
seeks to provide direct current bulk transmission service for
the purpose of transporting electric energy in interstate
commerce.
"Qualifying direct current project" means a high voltage
direct current electric service line that crosses at least one
Illinois border, the Illinois portion of which is physically
located within the region of the Midcontinent Independent
System Operator, Inc., or its successor organization, and runs
through the counties of Pike, Scott, Greene, Macoupin,
Montgomery, Christian, Shelby, Cumberland, and Clark, is
capable of transmitting electricity at voltages of 345
kilovolts or above, and may also include associated
interconnected alternating current interconnection facilities
in this State that are part of the proposed project and
reasonably necessary to connect the project with other
portions of the grid.
Notwithstanding any other provision of this Act, a
qualifying direct current applicant that does not own,
control, operate, or manage, within this State, any plant,
equipment, or property used or to be used for the transmission
of electricity at the time of its application or of the
Commission's order may file an application on or before

December 31, 2023 with the Commission pursuant to this Section
or Section 8-406.1 for, and the Commission may grant, a
certificate of public convenience and necessity to construct,
operate, and maintain a qualifying direct current project. The
qualifying direct current applicant may also include in the
application requests for authority under Section 8-503. The
Commission shall grant the application for a certificate of
public convenience and necessity and requests for authority
under Section 8-503 if it finds that the qualifying direct
current applicant and the proposed qualifying direct current
project satisfy the requirements of this subsection and
otherwise satisfy the criteria of this Section or Section
8-406.1 and the criteria of Section 8-503, as applicable to
the application and to the extent such criteria are not
superseded by the provisions of this subsection. The
Commission's order on the application for the certificate of
public convenience and necessity shall also include the
Commission's findings and determinations on the request or
requests for authority pursuant to Section 8-503. Prior to
filing its application under either this Section or Section
8-406.1, the qualifying direct current applicant shall conduct
3 public meetings in accordance with subsection (h) of this
Section. If the qualifying direct current applicant
demonstrates in its application that the proposed qualifying
direct current project is designed to deliver electricity to a
point or points on the electric transmission grid in either or

both the PJM Interconnection, LLC or the Midcontinent
Independent System Operator, Inc., or their respective
successor organizations, the proposed qualifying direct
current project shall be deemed to be, and the Commission
shall find it to be, for public use. If the qualifying direct
current applicant further demonstrates in its application that
the proposed transmission project has a capacity of 1,000
megawatts or larger and a voltage level of 345 kilovolts or
greater, the proposed transmission project shall be deemed to
satisfy, and the Commission shall find that it satisfies, the
criteria stated in item (1) of subsection (b) of this Section
or in paragraph (1) of subsection (f) of Section 8-406.1, as
applicable to the application, without the taking of
additional evidence on these criteria. Prior to the transfer
of functional control of any transmission assets to a regional
transmission organization, a qualifying direct current
applicant shall request Commission approval to join a regional
transmission organization in an application filed pursuant to
this subsection (b-5) or separately pursuant to Section 7-102
of this Act. The Commission may grant permission to a
qualifying direct current applicant to join a regional
transmission organization if it finds that the membership, and
associated transfer of functional control of transmission
assets, benefits Illinois customers in light of the attendant
costs and is otherwise in the public interest. Nothing in this
subsection (b-5) requires a qualifying direct current

applicant to join a regional transmission organization.
Nothing in this subsection (b-5) requires the owner or
operator of a high voltage direct current transmission line
that is not a qualifying direct current project to obtain a
certificate of public convenience and necessity to the extent
it is not otherwise required by this Section 8-406 or any other
provision of this Act.
(c) As used in this subsection (c):
"Decommissioning" has the meaning given to that term in
subsection (a) of Section 8-508.1.
"Nuclear power reactor" has the meaning given to that term
in Section 8 of the Nuclear Safety Law of 2004.
After the effective date of this amendatory Act of the
103rd General Assembly September 11, 1987 (the effective date
of Public Act 85-377), no construction shall commence on any
new nuclear power reactor with a nameplate capacity of more
than 300 megawatts of electricity plant to be located within
this State, and no certificate of public convenience and
necessity or other authorization shall be issued therefor by
the Commission, until the Illinois Emergency Management Agency
and Office of Homeland Security, in consultation with Director
of the Illinois Environmental Protection Agency and the
Illinois Department of Natural Resources, finds that the
United States Government, through its authorized agency, has
identified and approved a demonstrable technology or means for
the disposal of high level nuclear waste, or until such

construction has been specifically approved by a statute
enacted by the General Assembly. Beginning January 1, 2026,
construction may commence on a new nuclear power reactor with
a nameplate capacity of 300 megawatts of electricity or less
within this State if the entity constructing the new nuclear
power reactor has obtained all permits, licenses, permissions,
or approvals governing the construction, operation, and
funding of decommissioning of such nuclear power reactors
required by: (1) this Act; (2) any rules adopted by the
Illinois Emergency Management Agency and Office of Homeland
Security under the authority of this Act; (3) any applicable
federal statutes, including, but not limited to, the Atomic
Energy Act of 1954, the Energy Reorganization Act of 1974, the
Low-Level Radioactive Waste Policy Amendments Act of 1985, and
the Energy Policy Act of 1992; (4) any regulations promulgated
or enforced by the U.S. Nuclear Regulatory Commission,
including, but not limited to, those codified at Title X,
Parts 20, 30, 40, 50, 70, and 72 of the Code of Federal
Regulations, as from time to time amended; and (5) any other
federal or State statute, rule, or regulation governing the
permitting, licensing, operation, or decommissioning of such
nuclear power reactors. None of the rules developed by the
Illinois Emergency Management Agency and Office of Homeland
Security or any other State agency, board, or commission
pursuant to this Act shall be construed to supersede the
authority of the U.S. Nuclear Regulatory Commission. The

changes made by this amendatory Act of the 103rd General
Assembly shall not apply to the uprate, renewal, or subsequent
renewal of any license for an existing nuclear power reactor
that began operation prior to the effective date of this
amendatory Act of the 103rd General Assembly.
None of the changes made in this amendatory Act of the
103rd General Assembly are intended to authorize the
construction of nuclear power plants powered by nuclear power
reactors that are not either: (1) small modular nuclear
reactors; or (2) nuclear power reactors licensed by the U.S.
Nuclear Regulatory Commission to operate in this State prior
to the effective date of this amendatory Act of the 103rd
General Assembly.
As used in this Section, "high level nuclear waste" means
those aqueous wastes resulting from the operation of the first
cycle of the solvent extraction system or equivalent and the
concentrated wastes of the subsequent extraction cycles or
equivalent in a facility for reprocessing irradiated reactor
fuel and shall include spent fuel assemblies prior to fuel
reprocessing.
(d) In making its determination under subsection (b) of
this Section, the Commission shall attach primary weight to
the cost or cost savings to the customers of the utility. The
Commission may consider any or all factors which will or may
affect such cost or cost savings, including the public
utility's engineering judgment regarding the materials used

for construction.
(e) The Commission may issue a temporary certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice or hearing, pending
the determination of an application for a certificate, and may
by regulation exempt from the requirements of this Section
temporary acts or operations for which the issuance of a
certificate will not be required in the public interest.
A public utility shall not be required to obtain but may
apply for and obtain a certificate of public convenience and
necessity pursuant to this Section with respect to any matter
as to which it has received the authorization or order of the
Commission under the Electric Supplier Act, and any such
authorization or order granted a public utility by the
Commission under that Act shall as between public utilities be
deemed to be, and shall have except as provided in that Act the
same force and effect as, a certificate of public convenience
and necessity issued pursuant to this Section.
No electric cooperative shall be made or shall become a
party to or shall be entitled to be heard or to otherwise
appear or participate in any proceeding initiated under this
Section for authorization of power plant construction and as
to matters as to which a remedy is available under the Electric
Supplier Act.
(f) Such certificates may be altered or modified by the

Commission, upon its own motion or upon application by the
person or corporation affected. Unless exercised within a
period of 2 years from the grant thereof, authority conferred
by a certificate of convenience and necessity issued by the
Commission shall be null and void.
No certificate of public convenience and necessity shall
be construed as granting a monopoly or an exclusive privilege,
immunity or franchise.
(g) A public utility that undertakes any of the actions
described in items (1) through (3) of this subsection (g) or
that has obtained approval pursuant to Section 8-406.1 of this
Act shall not be required to comply with the requirements of
this Section to the extent such requirements otherwise would
apply. For purposes of this Section and Section 8-406.1 of
this Act, "high voltage electric service line" means an
electric line having a design voltage of 100,000 or more. For
purposes of this subsection (g), a public utility may do any of
the following:
(1) replace or upgrade any existing high voltage
electric service line and related facilities,
notwithstanding its length;
(2) relocate any existing high voltage electric
service line and related facilities, notwithstanding its
length, to accommodate construction or expansion of a
roadway or other transportation infrastructure; or
(3) construct a high voltage electric service line and

related facilities that is constructed solely to serve a
single customer's premises or to provide a generator
interconnection to the public utility's transmission
system and that will pass under or over the premises owned
by the customer or generator to be served or under or over
premises for which the customer or generator has secured
the necessary right of way.
(h) A public utility seeking to construct a high-voltage
electric service line and related facilities (Project) must
show that the utility has held a minimum of 2 pre-filing public
meetings to receive public comment concerning the Project in
each county where the Project is to be located, no earlier than
6 months prior to filing an application for a certificate of
public convenience and necessity from the Commission. Notice
of the public meeting shall be published in a newspaper of
general circulation within the affected county once a week for
3 consecutive weeks, beginning no earlier than one month prior
to the first public meeting. If the Project traverses 2
contiguous counties and where in one county the transmission
line mileage and number of landowners over whose property the
proposed route traverses is one-fifth or less of the
transmission line mileage and number of such landowners of the
other county, then the utility may combine the 2 pre-filing
meetings in the county with the greater transmission line
mileage and affected landowners. All other requirements
regarding pre-filing meetings shall apply in both counties.

Notice of the public meeting, including a description of the
Project, must be provided in writing to the clerk of each
county where the Project is to be located. A representative of
the Commission shall be invited to each pre-filing public
meeting.
(i) For applications filed after August 18, 2015 (the
effective date of Public Act 99-399), the Commission shall, by
certified mail, notify each owner of record of land, as
identified in the records of the relevant county tax assessor,
included in the right-of-way over which the utility seeks in
its application to construct a high-voltage electric line of
the time and place scheduled for the initial hearing on the
public utility's application. The utility shall reimburse the
Commission for the cost of the postage and supplies incurred
for mailing the notice.
(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
Section 20. The Environmental Protection Act is amended by
changing Sections 25a-1 and 25b as follows:
(415 ILCS 5/25a-1) (from Ch. 111 1/2, par. 1025a-1)
Sec. 25a-1. At least 60 days before beginning the
decommissioning of any nuclear power plant located in this
State, the owner or operator of the plant shall file, for
information purposes only, a copy of the decommissioning plan

for the plant with the Agency and a copy with the Illinois
Emergency Management Agency and Office of Homeland Security,
or its successor agency.
(Source: P.A. 95-777, eff. 8-4-08.)
(415 ILCS 5/25b) (from Ch. 111 1/2, par. 1025b)
Sec. 25b. Any person, corporation or public authority
intending to construct a nuclear steam-generating facility or
a nuclear fuel reprocessing plant shall file with the Illinois
Emergency Management Agency and Office of Homeland Security,
or its successor agency, an environmental feasibility report
which incorporates the data provided in the preliminary safety
analysis required to be filed with the United States Nuclear
Regulatory Commission. The Board may by rule prescribe the
form of such report. In consultation with the Illinois
Emergency Management Agency and Office of Homeland Security
and the Illinois Environmental Protection Agency, the The
Board shall have the power to adopt standards to protect the
health, safety and welfare of the citizens of Illinois from
the hazards of radiation to the extent that such powers are not
preempted under the federal constitution.
(Source: P.A. 95-777, eff. 8-4-08.)
Section 25. The Illinois Nuclear Safety Preparedness Act
is amended by adding Section 2.5 and by changing Section 3 as
follows:

(420 ILCS 5/2.5 new)
Sec. 2.5. Applicability. This Act does not apply to small
modular reactors.
(420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
Sec. 3. Definitions. Unless the context otherwise clearly
requires, as used in this Act:
(1) "Agency" or "IEMA-OHS" means the Illinois Emergency
Management Agency and Office of Homeland Security, or its
successor agency of the State of Illinois.
(2) "Director" means the Director of the Illinois
Emergency Management Agency.
(3) "Person" means any individual, corporation,
partnership, firm, association, trust, estate, public or
private institution, group, agency, political subdivision of
this State, any other state or political subdivision or agency
thereof, and any legal successor, representative, agent, or
agency of the foregoing.
(4) "NRC" means the United States Nuclear Regulatory
Commission or any agency which succeeds to its functions in
the licensing of nuclear power reactors or facilities for
storing spent nuclear fuel.
(5) "High-level radioactive waste" means (1) the highly
radioactive material resulting from the reprocessing of spent
nuclear fuel including liquid waste produced directly in

reprocessing and any solid material derived from such liquid
waste that contains fission products in sufficient
concentrations; and (2) the highly radioactive material that
the NRC has determined to be high-level radioactive waste
requiring permanent isolation.
(6) "Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
(7) "Spent nuclear fuel" means fuel that has been
withdrawn from a nuclear reactor following irradiation, the
constituent elements of which have not been separated by
reprocessing.
(8) "Transuranic waste" means material contaminated with
elements that have an atomic number greater than 92, including
neptunium, plutonium, americium, and curium, excluding
radioactive wastes shipped to a licensed low-level radioactive
waste disposal facility.
(9) "Highway route controlled quantity of radioactive
materials" means that quantity of radioactive materials
defined as a highway route controlled quantity under rules of
the United States Department of Transportation, or any
successor agency.
(10) "Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy

(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
(11) "Nuclear power reactor" means an apparatus, other
than an atomic weapon, designed or used to sustain nuclear
fission in a self-supporting chain reaction.
(12) "Small modular reactor" or "SMR" means an advanced
nuclear reactor: (1) with a rated nameplate capacity of 300
electrical megawatts or less; and (2) that may be constructed
and operated in combination with similar reactors at a single
site.
(Source: P.A. 93-1029, eff. 8-25-04.)
Section 30. The Illinois Nuclear Facility Safety Act is
amended by changing Section 2 and adding Sections 2.5 and 3.5
as follows:
(420 ILCS 10/2) (from Ch. 111 1/2, par. 4352)
Sec. 2. Policy statement. It is declared to be the policy
of the State of Illinois to prevent accidents at nuclear
facilities in Illinois for the economic well-being of the
People of the State of Illinois and for the health and safety
of workers at nuclear facilities and private citizens who
could be injured as a result of releases of radioactive
materials from nuclear facilities. It is the intent of the
General Assembly that this Act should be construed
consistently with federal law to maximize the role of the

State in contributing to safety at nuclear facilities in
Illinois. It is the intent of the General Assembly that the
Illinois Emergency Management Agency should not take any
actions which are preempted by federal law or engage in dual
regulation of nuclear facilities, unless dual regulation is
allowed by federal law and policies of the Nuclear Regulatory
Commission. In implementing its responsibilities under this
Act, the Agency shall not take any action which interferes
with the safe operation of a nuclear facility.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 10/2.5 new)
Sec. 2.5. Applicability. This Act does not apply to small
modular reactors.
(420 ILCS 10/3.5 new)
Sec. 3.5. Definitions. In this Act:
"IEMA-OHS" means the Illinois Emergency Management Agency
and Office of Homeland Security, or its successor agency.
"Director" means the Director of IEMA-OHS.
"Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
"Nuclear power plant" or "nuclear steam-generating

facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an
atomic weapon, designed or used to sustain nuclear fission in
a self-supporting chain reaction.
"Small modular reactor" or "SMR" means an advanced nuclear
reactor: (1) with a rated nameplate capacity of 300 electrical
megawatts or less; and (2) that may be constructed and
operated in combination with similar reactors at a single
site.
Section 35. The Illinois Low-Level Radioactive Waste
Management Act is amended by changing Sections 2, 3, and 13 as
follows:
(420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2)
Sec. 2. (a) The General Assembly finds:
(1) that low-level radioactive wastes are produced in
this State with even greater volumes to be produced in the
future;
(2) that such radioactive wastes pose a significant
risk to the public health, safety and welfare of the
people of Illinois; and
(3) that it is the obligation of the State of Illinois
to its citizens to provide for the safe management of the

low-level radioactive wastes produced within its borders.
(b) The Illinois Emergency Management Agency has attained
federal agreement state status and thereby has assumed
regulatory authority over low-level radioactive waste from the
United States Nuclear Regulatory Commission under Section 274b
of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is the
purpose of this Act to establish a comprehensive program for
the storage, treatment, and disposal of low-level radioactive
wastes in Illinois. It is the intent of the General Assembly
that the program provide for the management of these wastes in
the safest manner possible and in a manner that creates the
least risk to human health and the environment of Illinois and
that the program encourage to the fullest extent possible the
use of environmentally sound waste management practices
alternative to land disposal including waste recycling,
compaction, incineration and other methods to reduce the
amount of wastes produced, and to ensure public participation
in all phases of the development of this radioactive waste
management program.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
Sec. 3. Definitions.
"Agency" or "IEMA-OHS" means the Illinois Emergency
Management Agency and Office of Homeland Security, or its
successor agency.

"Broker" means any person who takes possession of
low-level waste for purposes of consolidation and shipment.
"Compact" means the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
"Decommissioning" means the measures taken at the end of a
facility's operating life to assure the continued protection
of the public from any residual radioactivity or other
potential hazards present at a facility.
"Director" means the Director of the Illinois Emergency
Management Agency.
"Disposal" means the isolation of waste from the biosphere
in a permanent facility designed for that purpose.
"Facility" means a parcel of land or site, together with
structures, equipment and improvements on or appurtenant to
the land or site, which is used or is being developed for the
treatment, storage or disposal of low-level radioactive waste.
"Facility" does not include lands, sites, structures or
equipment used by a generator in the generation of low-level
radioactive wastes.
"Generator" means any person who produces or possesses
low-level radioactive waste in the course of or incident to
manufacturing, power generation, processing, medical diagnosis
and treatment, research, education or other activity.
"Hazardous waste" means a waste, or combination of wastes,
which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause or

significantly contribute to an increase in mortality or an
increase in serious, irreversible, or incapacitating
reversible, illness; or pose a substantial present or
potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or
otherwise managed, and which has been identified, by
characteristics or listing, as hazardous under Section 3001 of
the Resource Conservation and Recovery Act of 1976, P.L.
94-580 or under regulations of the Pollution Control Board.
"High-level radioactive waste" means:
(1) the highly radioactive material resulting from the
reprocessing of spent nuclear fuel including liquid waste
produced directly in reprocessing and any solid material
derived from the liquid waste that contains fission
products in sufficient concentrations; and
(2) the highly radioactive material that the Nuclear
Regulatory Commission has determined, on the effective
date of this Amendatory Act of 1988, to be high-level
radioactive waste requiring permanent isolation.
"Low-level radioactive waste" or "waste" means radioactive
waste not classified as (1) high-level radioactive waste, (2)
transuranic waste, (3) spent nuclear fuel, or (4) byproduct
material as defined in Sections 11e(2), 11e(3), and 11e(4) of
the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
definition shall apply notwithstanding any declaration by the
federal government, a state, or any regulatory agency that any

radioactive material is exempt from any regulatory control.
"Mixed waste" means waste that is both "hazardous waste"
and "low-level radioactive waste" as defined in this Act.
"Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
"Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an
atomic weapon, designed or used to sustain nuclear fission in
a self-supporting chain reaction.
"Person" means an individual, corporation, business
enterprise or other legal entity either public or private and
any legal successor, representative, agent or agency of that
individual, corporation, business enterprise, or legal entity.
"Post-closure care" means the continued monitoring of the
regional disposal facility after closure for the purposes of
detecting a need for maintenance, ensuring environmental
safety, and determining compliance with applicable licensure
and regulatory requirements, and includes undertaking any
remedial actions necessary to protect public health and the
environment from radioactive releases from the facility.

"Regional disposal facility" or "disposal facility" means
the facility established by the State of Illinois under this
Act for disposal away from the point of generation of waste
generated in the region of the Compact.
"Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping,
leaching, dumping or disposing into the environment of
low-level radioactive waste.
"Remedial action" means those actions taken in the event
of a release or threatened release of low-level radioactive
waste into the environment, to prevent or minimize the release
of the waste so that it does not migrate to cause substantial
danger to present or future public health or welfare or the
environment. The term includes, but is not limited to, actions
at the location of the release such as storage, confinement,
perimeter protection using dikes, trenches or ditches, clay
cover, neutralization, cleanup of released low-level
radioactive wastes, recycling or reuse, dredging or
excavations, repair or replacement of leaking containers,
collection of leachate and runoff, onsite treatment or
incineration, provision of alternative water supplies and any
monitoring reasonably required to assure that these actions
protect human health and the environment.
"Scientific Surveys" means, collectively, the Illinois
State Geological Survey and the Illinois State Water Survey of
the University of Illinois.

"Shallow land burial" means a land disposal facility in
which radioactive waste is disposed of in or within the upper
30 meters of the earth's surface. However, this definition
shall not include an enclosed, engineered, structurally
re-enforced and solidified bunker that extends below the
earth's surface.
"Small modular reactor" or "SMR" means an advanced nuclear
reactor: (1) with a rated nameplate capacity of 300 electrical
megawatts or less; and (2) that may be constructed and
operated in combination with similar reactors at a single
site.
"Storage" means the temporary holding of waste for
treatment or disposal for a period determined by Agency
regulations.
"Treatment" means any method, technique or process,
including storage for radioactive decay, designed to change
the physical, chemical or biological characteristics or
composition of any waste in order to render the waste safer for
transport, storage or disposal, amenable to recovery,
convertible to another usable material or reduced in volume.
"Waste management" means the storage, transportation,
treatment or disposal of waste.
(Source: P.A. 103-306, eff. 7-28-23.)
(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
Sec. 13. Waste fees.

(a) The Agency shall collect a fee from each generator of
low-level radioactive wastes in this State, except as
otherwise provided in this subsection. Except as provided in
subdivision (b)(2) and subsections (b), (c), and (d), the
amount of the fee shall be $50.00 or the following amount,
whichever is greater:
(1) $1 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for shipment
occurred prior to September 7, 1984;
(2) $2 per cubic foot of waste stored for shipment if
storage of the waste occurs on or after September 7, 1984,
but prior to October 1, 1985;
(3) $3 per cubic foot of waste stored for shipment if
storage of the waste occurs on or after October 1, 1985;
(4) $2 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for shipment
occurs on or after September 7, 1984 but prior to October
1, 1985, provided that no fee has been collected
previously for storage of the waste;
(5) $3 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for shipment
occurs on or after October 1, 1985, provided that no fees
have been collected previously for storage of the waste.
Such fees shall be collected annually or as determined by
the Agency and shall be deposited in the low-level radioactive
waste funds as provided in Section 14 of this Act.

Notwithstanding any other provision of this Act, no fee under
this Section shall be collected from a generator for waste
generated incident to manufacturing before December 31, 1980,
and shipped for disposal outside of this State before December
31, 1992, as part of a site reclamation leading to license
termination.
Units of local government are exempt from the fee
provisions of this subsection.
(b)(1) Small modular reactors shall pay low-level
radioactive waste fees in accordance with subsection (a).
(2) Each nuclear power reactor in this State for which an
operating license has been issued by the Nuclear Regulatory
Commission shall not be subject to the fee required by
subsection (a) with respect to (1) waste stored for shipment
if storage of the waste occurs on or after January 1, 1986; and
(2) waste shipped for storage, treatment or disposal if
storage of the waste for shipment occurs on or after January 1,
1986. In lieu of the fee, each reactor shall be required to pay
an annual fee as provided in this subsection for the
treatment, storage and disposal of low-level radioactive
waste. Beginning with State fiscal year 1986 and through State
fiscal year 1997, fees shall be due and payable on January 1st
of each year. For State fiscal year 1998 and all subsequent
State fiscal years, fees shall be due and payable on July 1 of
each fiscal year. The fee due on July 1, 1997 shall be payable
on that date, or within 10 days after the effective date of

this amendatory Act of 1997, whichever is later.
The owner of any nuclear power reactor that has an
operating license issued by the Nuclear Regulatory Commission
for any portion of State fiscal year 1998 shall continue to pay
an annual fee of $90,000 for the treatment, storage, and
disposal of low-level radioactive waste through State fiscal
year 2002. The fee shall be due and payable on July 1 of each
fiscal year. The fee due on July 1, 1998 shall be payable on
that date, or within 10 days after the effective date of this
amendatory Act of 1998, whichever is later. If the balance in
the Low-Level Radioactive Waste Facility Development and
Operation Fund falls below $500,000, as of the end of any
fiscal year after fiscal year 2002, the Agency is authorized
to assess by rule, after notice and a hearing, an additional
annual fee to be paid by the owners of nuclear power reactors
for which operating licenses have been issued by the Nuclear
Regulatory Commission, except that no additional annual fee
shall be assessed because of the fund balance at the end of
fiscal year 2005 or the end of fiscal year 2006. The additional
annual fee shall be payable on the date or dates specified by
rule and shall not exceed $30,000 per operating reactor per
year.
(c) In each of State fiscal years 1988, 1989 and 1990, in
addition to the fee imposed in subsections (b) and (d), the
owner of each nuclear power reactor in this State for which an
operating license has been issued by the Nuclear Regulatory

Commission shall pay a fee of $408,000. If an operating
license is issued during one of those 3 fiscal years, the owner
shall pay a prorated amount of the fee equal to $1,117.80
multiplied by the number of days in the fiscal year during
which the nuclear power reactor was licensed.
The fee shall be due and payable as follows: in fiscal year
1988, $204,000 shall be paid on October 1, 1987 and $102,000
shall be paid on each of January 1, 1988 and April 1, 1988; in
fiscal year 1989, $102,000 shall be paid on each of July 1,
1988, October 1, 1988, January 1, 1989 and April 1, 1989; and
in fiscal year 1990, $102,000 shall be paid on each of July 1,
1989, October 1, 1989, January 1, 1990 and April 1, 1990. If
the operating license is issued during one of the 3 fiscal
years, the owner shall be subject to those payment dates, and
their corresponding amounts, on which the owner possesses an
operating license and, on June 30 of the fiscal year of
issuance of the license, whatever amount of the prorated fee
remains outstanding.
All of the amounts collected by the Agency under this
subsection (c) shall be deposited into the Low-Level
Radioactive Waste Facility Development and Operation Fund
created under subsection (a) of Section 14 of this Act and
expended, subject to appropriation, for the purposes provided
in that subsection.
(d) In addition to the fees imposed in subsections (b) and
(c), the owners of nuclear power reactors in this State for

which operating licenses have been issued by the Nuclear
Regulatory Commission shall pay the following fees for each
such nuclear power reactor: for State fiscal year 1989,
$325,000 payable on October 1, 1988, $162,500 payable on
January 1, 1989, and $162,500 payable on April 1, 1989; for
State fiscal year 1990, $162,500 payable on July 1, $300,000
payable on October 1, $300,000 payable on January 1 and
$300,000 payable on April 1; for State fiscal year 1991,
either (1) $150,000 payable on July 1, $650,000 payable on
September 1, $675,000 payable on January 1, and $275,000
payable on April 1, or (2) $150,000 on July 1, $130,000 on the
first day of each month from August through December, $225,000
on the first day of each month from January through March and
$92,000 on the first day of each month from April through June;
for State fiscal year 1992, $260,000 payable on July 1,
$900,000 payable on September 1, $300,000 payable on October
1, $150,000 payable on January 1, and $100,000 payable on
April 1; for State fiscal year 1993, $100,000 payable on July
1, $230,000 payable on August 1 or within 10 days after July
31, 1992, whichever is later, and $355,000 payable on October
1; for State fiscal year 1994, $100,000 payable on July 1,
$75,000 payable on October 1 and $75,000 payable on April 1;
for State fiscal year 1995, $100,000 payable on July 1,
$75,000 payable on October 1, and $75,000 payable on April 1,
for State fiscal year 1996, $100,000 payable on July 1,
$75,000 payable on October 1, and $75,000 payable on April 1.

The owner of any nuclear power reactor that has an operating
license issued by the Nuclear Regulatory Commission for any
portion of State fiscal year 1998 shall pay an annual fee of
$30,000 through State fiscal year 2003. For State fiscal year
2004 and subsequent fiscal years, the owner of any nuclear
power reactor that has an operating license issued by the
Nuclear Regulatory Commission shall pay an annual fee of
$30,000 per reactor, provided that the fee shall not apply to a
nuclear power reactor with regard to which the owner notified
the Nuclear Regulatory Commission during State fiscal year
1998 that the nuclear power reactor permanently ceased
operations. The fee shall be due and payable on July 1 of each
fiscal year. The fee due on July 1, 1998 shall be payable on
that date, or within 10 days after the effective date of this
amendatory Act of 1998, whichever is later. The fee due on July
1, 1997 shall be payable on that date or within 10 days after
the effective date of this amendatory Act of 1997, whichever
is later. If the payments under this subsection for fiscal
year 1993 due on January 1, 1993, or on April 1, 1993, or both,
were due before the effective date of this amendatory Act of
the 87th General Assembly, then those payments are waived and
need not be made.
All of the amounts collected by the Agency under this
subsection (d) shall be deposited into the Low-Level
Radioactive Waste Facility Development and Operation Fund
created pursuant to subsection (a) of Section 14 of this Act

and expended, subject to appropriation, for the purposes
provided in that subsection.
All payments made by licensees under this subsection (d)
for fiscal year 1992 that are not appropriated and obligated
by the Agency above $1,750,000 per reactor in fiscal year
1992, shall be credited to the licensees making the payments
to reduce the per reactor fees required under this subsection
(d) for fiscal year 1993.
(e) The Agency shall promulgate rules and regulations
establishing standards for the collection of the fees
authorized by this Section. The regulations shall include, but
need not be limited to:
(1) the records necessary to identify the amounts of
low-level radioactive wastes produced;
(2) the form and submission of reports to accompany
the payment of fees to the Agency; and
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more frequent than
quarterly.
(f) Any operating agreement entered into under subsection
(b) of Section 5 of this Act between the Agency and any
disposal facility contractor shall, subject to the provisions
of this Act, authorize the contractor to impose upon and
collect from persons using the disposal facility fees designed
and set at levels reasonably calculated to produce sufficient
revenues (1) to pay all costs and expenses properly incurred

or accrued in connection with, and properly allocated to,
performance of the contractor's obligations under the
operating agreement, and (2) to provide reasonable and
appropriate compensation or profit to the contractor under the
operating agreement. For purposes of this subsection (f), the
term "costs and expenses" may include, without limitation, (i)
direct and indirect costs and expenses for labor, services,
equipment, materials, insurance and other risk management
costs, interest and other financing charges, and taxes or fees
in lieu of taxes; (ii) payments to or required by the United
States, the State of Illinois or any agency or department
thereof, the Central Midwest Interstate Low-Level Radioactive
Waste Compact, and subject to the provisions of this Act, any
unit of local government; (iii) amortization of capitalized
costs with respect to the disposal facility and its
development, including any capitalized reserves; and (iv)
payments with respect to reserves, accounts, escrows or trust
funds required by law or otherwise provided for under the
operating agreement.
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(j-5) Prior to commencement of facility operations, the
Agency shall adopt rules providing for the establishment and
collection of fees and charges with respect to the use of the

disposal facility as provided in subsection (f) of this
Section.
(k) The regional disposal facility shall be subject to ad
valorem real estate taxes lawfully imposed by units of local
government and school districts with jurisdiction over the
facility. No other local government tax, surtax, fee or other
charge on activities at the regional disposal facility shall
be allowed except as authorized by the Agency.
(l) The Agency shall have the power, in the event that
acceptance of waste for disposal at the regional disposal
facility is suspended, delayed or interrupted, to impose
emergency fees on the generators of low-level radioactive
waste. Generators shall pay emergency fees within 30 days of
receipt of notice of the emergency fees. The Department shall
deposit all of the receipts of any fees collected under this
subsection into the Low-Level Radioactive Waste Facility
Development and Operation Fund created under subsection (b) of
Section 14. Emergency fees may be used to mitigate the impacts
of the suspension or interruption of acceptance of waste for
disposal. The requirements for rulemaking in the Illinois
Administrative Procedure Act shall not apply to the imposition
of emergency fees under this subsection.
(m) The Agency shall promulgate any other rules and
regulations as may be necessary to implement this Section.
(Source: P.A. 100-938, eff. 8-17-18.)

Section 40. The Radioactive Waste Storage Act is amended
by adding Section 0.05 and by changing Sections 1, 2, 3, 4, 5,
and 6 as follows:
(420 ILCS 35/0.05 new)
Sec. 0.05. Definitions. In this Act:
"IEMA-OHS" means the Illinois Emergency Management Agency
and Office of Homeland Security, or its successor agency.
"Director" means the Director of IEMA-OHS.
"Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
"Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
"Nuclear power reactor" means an apparatus, other than an
atomic weapon, designed or used to sustain nuclear fission in
a self-supporting chain reaction.
"Small modular reactor" or "SMR" means an advanced nuclear
reactor: (1) with a rated nameplate capacity of 300 electrical
megawatts or less; and (2) that may be constructed and
operated in combination with similar reactors at a single
site.

(420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)
Sec. 1. The Director of the Illinois Emergency Management
Agency is authorized to acquire by private purchase,
acceptance, or by condemnation in the manner provided for the
exercise of the power of eminent domain under the Eminent
Domain Act, any and all lands, buildings and grounds where
radioactive by-products and wastes produced by industrial,
medical, agricultural, scientific or other organizations can
be concentrated, stored or otherwise disposed in a manner
consistent with the public health and safety. Whenever, in the
judgment of the Director of the Illinois Emergency Management
Agency, it is necessary to relocate existing facilities for
the construction, operation, closure or long-term care of a
facility for the safe and secure disposal of low-level
radioactive waste, the cost of relocating such existing
facilities may be deemed a part of the disposal facility land
acquisition and the Illinois Emergency Management Agency may,
on behalf of the State, pay such costs. Existing facilities
include public utilities, commercial or industrial facilities,
residential buildings, and such other public or privately
owned buildings as the Director of the Illinois Emergency
Management Agency deems necessary for relocation. The Illinois
Emergency Management Agency is authorized to operate a
relocation program, and to pay such costs of relocation as are
provided in the federal "Uniform Relocation Assistance and

Real Property Acquisition Policies Act", Public Law 91-646.
The Director of the Illinois Emergency Management Agency is
authorized to exceed the maximum payments provided pursuant to
the federal "Uniform Relocation Assistance and Real Property
Acquisition Policies Act" if necessary to assure the provision
of decent, safe, and sanitary housing, or to secure a suitable
alternate location. Payments issued under this Section shall
be made from the Low-level Radioactive Waste Facility
Development and Operation Fund established by the Illinois
Low-Level Radioactive Waste Management Act.
(Source: P.A. 94-1055, eff. 1-1-07; 95-777, eff. 8-4-08.)
(420 ILCS 35/2) (from Ch. 111 1/2, par. 230.2)
Sec. 2. The Director of the Illinois Emergency Management
Agency may accept, receive, and receipt for moneys or lands,
buildings and grounds for and in behalf of the State, given by
the Federal Government under any federal law to the State or by
any other public or private agency, for the acquisition or
operation of a site or sites for the concentration and storage
of radioactive wastes. Such funds received by the Director
pursuant to this section shall be deposited with the State
Treasurer and held and disbursed by him in accordance with "An
Act in relation to the receipt, custody, and disbursement of
money allotted by the United States of America or any agency
thereof for use in this State", approved July 3, 1939, as
amended. Provided that such moneys or lands, buildings and

grounds shall be used only for the purposes for which they are
contributed.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3)
Sec. 3. The Director of the Illinois Emergency Management
Agency may lease such lands, buildings and grounds as it may
acquire under the provisions of this Act to a private firm or
firms for the purpose of operating a site or sites for the
concentration and storage of radioactive wastes or for such
other purpose not contrary to the public interests.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4)
Sec. 4. The operation of any and all sites acquired for the
concentration and storage of radioactive wastes shall be under
the direct supervision of the Illinois Emergency Management
Agency and shall be in accordance with regulations promulgated
and enforced by the Agency to protect the public health and
safety.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5)
Sec. 5. The Director of the Illinois Emergency Management
Agency is authorized to enter into contracts as he may deem
necessary for carrying out the provisions of this Act. Such

contracts may include the assessment of fees by the Agency.
The fees required shall be established at a rate which
provides an annual amount equal to the anticipated reasonable
cost necessary to maintain, monitor, and otherwise supervise
and care for lands and facilities as required in the interest
of public health and safety.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6)
Sec. 6. It is recognized by the General Assembly that any
site used for the concentration and storage of radioactive
waste material will represent a continuing and perpetual
responsibility in the interests of the public health, safety
and general welfare, and that the same must ultimately be
reposed in a sovereign government without regard for the
existence or nonexistence of any particular agency,
instrumentality, department, division or officer thereof. In
all instances lands, buildings and grounds which are to be
designated as sites for the concentration and storage of
radioactive waste materials shall be acquired in fee simple
absolute and dedicated in perpetuity to such purpose. All
rights, title and interest in, of and to any radioactive waste
materials accepted by the Illinois Emergency Management Agency
for permanent storage at such facilities, shall upon
acceptance become the property of the State and shall be in all
respects administered, controlled, and disposed of, including

transfer by sale, lease, loan or otherwise, by the Agency in
the name of the State. All fees received pursuant to contracts
entered into by the Illinois Emergency Management Agency shall
be deposited in the State Treasury and shall be set apart in a
special fund to be known as the "Radioactive Waste Site
Perpetual Care Fund". Monies deposited in the fund shall be
expended by the Illinois Emergency Management Agency to
monitor and maintain the site as required to protect the
public health and safety on a continuing and perpetual basis.
All payments received by the Department of Nuclear Safety (now
the Illinois Emergency Management Agency) pursuant to the
settlement agreement entered May 25, 1988, in the matter of
the People of the State of Illinois, et al. v. Teledyne, Inc.,
et al. (No. 78 MR 25, Circuit Court, Bureau County, Illinois)
shall be held by the State Treasurer separate and apart from
all public moneys or funds of the State, and shall be used only
as provided in such settlement agreement.
(Source: P.A. 95-777, eff. 8-4-08.)
Section 45. The Radioactive Waste Tracking and Permitting
Act is amended by changing Sections 5, 10, and 15 as follows:
(420 ILCS 37/5)
Sec. 5. Legislative findings.
(a) The General Assembly finds:
(1) that a considerable volume of wastes are produced

in this State with even greater volumes to be produced in
the future;
(2) that these wastes pose a significant risk to the
public health, safety and welfare of the people of
Illinois; and
(3) that it is the obligation of the State of Illinois
to its citizens to provide for the safe management of the
wastes produced within its borders.
(b) It is the intent of this Act to authorize the Illinois
Emergency Management Agency to establish, by regulation, a
tracking system for the regulation of the use of facilities
licensed under Section 8 of the Illinois Low-Level Radioactive
Waste Management Act.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 37/10)
Sec. 10. Definitions.
(a) "Agency" or "IEMA-OHS" means the Illinois Emergency
Management Agency and Office of Homeland Security, or its
successor agency.
(b) "Director" means the Director of the Illinois
Emergency Management Agency.
(c) "Disposal" means the isolation of waste from the
biosphere in a permanent facility designed for that purpose.
(d) "Facility" means a parcel of land or a site, together
with structures, equipment, and improvements on or appurtenant

to the land or site, that is used or is being developed for the
treatment, storage, or disposal of low-level radioactive
waste.
(e) "Low-level radioactive waste" or "waste" means
radioactive waste not classified as (1) high-level radioactive
waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
byproduct material as defined in Sections 11e(2), 11e(3), and
11e(4) of the Atomic Energy Act (42 U.S.C. 2014). This
definition shall apply notwithstanding any declaration by the
federal government, a state, or any regulatory agency that any
radioactive material is exempt from any regulatory control.
(e-5) "Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
(e-10) "Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
(e-15) "Nuclear power reactor" means an apparatus, other
than an atomic weapon, designed or used to sustain nuclear
fission in a self-supporting chain reaction.
(e-20) "Small modular reactor" or "SMR" means an advanced
nuclear reactor: (1) with a rated nameplate capacity of 300
electrical megawatts or less; and (2) that may be constructed

and operated in combination with similar reactors at a single
site.
(f) "Person" means an individual, corporation, business
enterprise, or other legal entity, public or private, or any
legal successor, representative, agent, or agency of that
individual, corporation, business enterprise, or legal entity.
(g) "Regional facility" or "disposal facility" means a
facility that is located in Illinois and established by
Illinois, under designation of Illinois as a host state by the
Commission for disposal of waste.
(h) "Storage" means the temporary holding of waste for
treatment or disposal for a period determined by Agency
regulations.
(i) "Treatment" means any method, technique, or process,
including storage for radioactive decay, that is designed to
change the physical, chemical, or biological characteristics
or composition of any waste in order to render the waste safer
for transport, storage, or disposal, amenable to recovery,
convertible to another usable material, or reduced in volume.
(Source: P.A. 103-306, eff. 7-28-23.)
(420 ILCS 37/15)
Sec. 15. Permit requirements for the storage, treatment,
and disposal of waste at a disposal facility.
(a) Upon adoption of regulations under subsection (c) of
this Section, no person shall deposit any low-level

radioactive waste at a storage, treatment, or disposal
facility in Illinois licensed under Section 8 of the Illinois
Low-Level Radioactive Waste Management Act without a permit
granted by the Illinois Emergency Management Agency.
(b) Upon adoption of regulations under subsection (c) of
this Section, no person shall operate a storage, treatment, or
disposal facility licensed under Section 8 of the Illinois
Low-Level Radioactive Waste Management Act without a permit
granted by the Illinois Emergency Management Agency.
(c) The Illinois Emergency Management Agency shall adopt
regulations providing for the issuance, suspension, and
revocation of permits required under subsections (a) and (b)
of this Section. The regulations may provide a system for
tracking low-level radioactive waste to ensure that waste that
other states are responsible for disposing of under federal
law does not become the responsibility of the State of
Illinois. The regulations shall be consistent with the Federal
Hazardous Materials Transportation Act.
(d) The Agency may enter into a contract or contracts for
operation of the system for tracking low-level radioactive
waste as provided in subsection (c) of this Section.
(e) A person who violates this Section or any regulation
promulgated under this Section shall be subject to a civil
penalty, not to exceed $10,000, for each violation. Each day a
violation continues shall constitute a separate offense. A
person who fails to pay a civil penalty imposed by a regulation

adopted under this Section, or any portion of the penalty, is
liable in a civil action in an amount not to exceed 4 times the
amount imposed and not paid. At the request of the Agency, the
Attorney General shall, on behalf of the State, bring an
action for the recovery of any civil penalty provided for by
this Section. Any civil penalties so recovered shall be
deposited in the Low-Level Radioactive Waste Facility Closure,
Post-Closure Care and Compensation Fund.
(Source: P.A. 95-777, eff. 8-4-08.)
Section 50. The Radiation Protection Act of 1990 is
amended by changing Sections 4, 11, 14, 24.7, 25.1, and 25.2 as
follows:
(420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
(Section scheduled to be repealed on January 1, 2027)
Sec. 4. Definitions. As used in this Act:
(a) "Accreditation" means the process by which the Agency
grants permission to persons meeting the requirements of this
Act and the Agency's rules and regulations to engage in the
practice of administering radiation to human beings.
(a-2) "Agency" or "IEMA-OHS" means the Illinois Emergency
Management Agency and Office of Homeland Security, or its
successor agency.
(a-3) "Assistant Director" means the Assistant Director of
the Agency.

(a-5) "By-product material" means: (1) any radioactive
material (except special nuclear material) yielded in or made
radioactive by exposure to radiation incident to the process
of producing or utilizing special nuclear material; (2) the
tailings or wastes produced by the extraction or concentration
of uranium or thorium from any ore processed primarily for its
source material content, including discrete surface wastes
resulting from underground solution extraction processes but
not including underground ore bodies depleted by such solution
extraction processes; (3) any discrete source of radium-226
that is produced, extracted, or converted after extraction,
before, on, or after August 8, 2005, for use for a commercial,
medical, or research activity; (4) any material that has been
made radioactive by use of a particle accelerator and is
produced, extracted, or converted after extraction before, on,
or after August 8, 2005, for use for a commercial, medical, or
research activity; and (5) any discrete source of naturally
occurring radioactive material, other than source material,
that is extracted or converted after extraction for use in
commercial, medical, or research activity before, on, or after
August 8, 2005, and which the U.S. Nuclear Regulatory
Commission, in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the
Secretary of Homeland Security, and the head of any other
appropriate Federal agency, determines would pose a threat to
the public health and safety or the common defense and

security similar to the threat posed by a discrete source or
radium-226.
(b) (Blank).
(c) (Blank).
(d) "General license" means a license, pursuant to
regulations promulgated by the Agency, effective without the
filing of an application to transfer, acquire, own, possess or
use quantities of, or devices or equipment utilizing,
radioactive material, including but not limited to by-product,
source or special nuclear materials.
(d-1) "Identical in substance" means the regulations
promulgated by the Agency would require the same actions with
respect to ionizing radiation, for the same group of affected
persons, as would federal laws, regulations, or orders if any
federal agency, including but not limited to the Nuclear
Regulatory Commission, Food and Drug Administration, or
Environmental Protection Agency, administered the subject
program in Illinois.
(d-3) "Mammography" means radiography of the breast
primarily for the purpose of enabling a physician to determine
the presence, size, location and extent of cancerous or
potentially cancerous tissue in the breast.
(d-5) "Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level

radioactive waste.
(d-5.5) "Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
(d-5.10) "Nuclear power reactor" means an apparatus, other
than an atomic weapon, designed or used to sustain nuclear
fission in a self-supporting chain reaction.
(d-7) "Operator" is an individual, group of individuals,
partnership, firm, corporation, association, or other entity
conducting the business or activities carried on within a
radiation installation.
(e) "Person" means any individual, corporation,
partnership, firm, association, trust, estate, public or
private institution, group, agency, political subdivision of
this State, any other State or political subdivision or agency
thereof, and any legal successor, representative, agent, or
agency of the foregoing, other than the United States Nuclear
Regulatory Commission, or any successor thereto, and other
than federal government agencies licensed by the United States
Nuclear Regulatory Commission, or any successor thereto.
"Person" also includes a federal entity (and its contractors)
if the federal entity agrees to be regulated by the State or as
otherwise allowed under federal law.
(f) "Radiation" or "ionizing radiation" means gamma rays
and x-rays, alpha and beta particles, high speed electrons,

neutrons, protons, and other nuclear particles or
electromagnetic radiations capable of producing ions directly
or indirectly in their passage through matter; but does not
include sound or radio waves or visible, infrared, or
ultraviolet light.
(f-5) "Radiation emergency" means the uncontrolled release
of radioactive material from a radiation installation which
poses a potential threat to the public health, welfare, and
safety.
(g) "Radiation installation" is any location or facility
where radiation machines are used or where radioactive
material is produced, transported, stored, disposed of, or
used for any purpose.
(h) "Radiation machine" is any device that produces
radiation when in use.
(i) "Radioactive material" means any solid, liquid, or
gaseous substance which emits radiation spontaneously.
(j) "Radiation source" or "source of ionizing radiation"
means a radiation machine or radioactive material as defined
herein.
(j-5) "Small modular reactor" or "SMR" means an advanced
nuclear reactor: (1) with a rated nameplate capacity of 300
electrical megawatts or less; and (2) that may be constructed
and operated in combination with similar reactors at a single
site.
(k) "Source material" means (1) uranium, thorium, or any

other material which the Agency declares by order to be source
material after the United States Nuclear Regulatory
Commission, or any successor thereto, has determined the
material to be such; or (2) ores containing one or more of the
foregoing materials, in such concentration as the Agency
declares by order to be source material after the United
States Nuclear Regulatory Commission, or any successor
thereto, has determined the material in such concentration to
be source material.
(l) "Special nuclear material" means (1) plutonium,
uranium 233, uranium enriched in the isotope 233 or in the
isotope 235, and any other material which the Agency declares
by order to be special nuclear material after the United
States Nuclear Regulatory Commission, or any successor
thereto, has determined the material to be such, but does not
include source material; or (2) any material artificially
enriched by any of the foregoing, but does not include source
material.
(m) "Specific license" means a license, issued after
application, to use, manufacture, produce, transfer, receive,
acquire, own, or possess quantities of, or devices or
equipment utilizing radioactive materials.
(Source: P.A. 95-511, eff. 8-28-07; 95-777, eff. 8-4-08;
96-1041, eff. 7-14-10.)
(420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)

(Section scheduled to be repealed on January 1, 2027)
Sec. 11. Federal-State Agreements.
(1) The Governor, on behalf of this State, is authorized
to enter into agreements with the Federal Government providing
for discontinuance of certain of the Federal Government's
responsibilities with respect to sources of ionizing radiation
and the assumption thereof by this State, including, but not
limited to, agreements concerning by-product material as
defined in Section 11(e)(2) of the Atomic Energy Act of 1954,
42 U.S.C. 2014(e)(2).
(2) Any person who, on the effective date of an agreement
under subsection (1) above, possesses a license issued by the
Federal Government governing activities for which the Federal
Government, pursuant to such agreement, is transferring its
responsibilities to this State shall be deemed to possess the
same pursuant to a license issued under this Act, which shall
expire 90 days after receipt from the Department of Nuclear
Safety (or its successor agency, the Illinois Emergency
Management Agency) of a notice of expiration of such license,
or on the date of expiration specified in the Federal license,
whichever is earlier.
(3) At such time as Illinois enters into a Federal-State
Agreement in accordance with the provisions of this Act, the
Agency shall license and collect license fees from persons
operating radiation installations, including installations
involving the use or possession of by-product material as

defined in subsection (a-5)(2) of Section 4 and installations
having such devices or equipment utilizing or producing
radioactive materials but licensure shall not apply to any
x-ray machine, including those located in an office of a
licensed physician or dentist. The Agency may also collect
license fees from persons authorized by the Agency to engage
in decommissioning and decontamination activities at radiation
installations including installations licensed to use or
possess by-product material as defined in subsection (a-5)(2)
of Section 4. The license fees collected from persons
authorized to use or possess by-product material as defined in
subsection (a-5)(2) of Section 4 or to engage in
decommissioning and decontamination activities at radiation
installations where such by-product material is used or
possessed may include fees sufficient to cover the expenses
incurred by the Department in conjunction with monitoring
unlicensed properties contaminated with by-product material as
defined in subsection (a-5)(2) of Section 4 and overseeing the
decontamination of such unlicensed properties.
The Agency may impose fees for termination of licenses
including, but not limited to, licenses for refining uranium
mill concentrates to uranium hexafluoride; licenses for
possession and use of source material at ore buying stations,
at ion exchange facilities and at facilities where ore is
processed to extract metals other than uranium or thorium; and
licenses authorizing the use or possession of by-product

material as defined in subsection (a-5)(2) of Section 4. The
Agency may also set license fees for licenses which authorize
the distribution of devices, products, or sealed sources
involved in the production, utilization, or containment of
radiation. After a public hearing before the Agency, the fees
and collection procedures shall be prescribed under rules and
regulations for protection against radiation hazards
promulgated under this Act.
(4) The Agency is authorized to enter into agreements
related to the receipt and expenditure of federal grants and
other funds to provide assistance to states and compact
regions in fulfilling responsibilities under the federal
Low-Level Radioactive Waste Policy Act, as amended.
(Source: P.A. 94-104, eff. 7-1-05.)
(420 ILCS 40/14) (from Ch. 111 1/2, par. 210-14)
(Section scheduled to be repealed on January 1, 2027)
Sec. 14. Radiation Protection Advisory Council. There
shall be created a Radiation Protection Advisory Council
consisting of 7 members to be appointed by the Governor on the
basis of demonstrated interest in and capacity to further the
purposes of this Act and who shall broadly reflect the varied
interests in and aspects of atomic energy and ionizing
radiation within the State. The Director of the Department of
Labor and the Chairman of the Commerce Commission or their
representatives shall be ex-officio members of the Council.

Each member of the Council shall be appointed for a 4 year
term and shall continue to serve until a successor is
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his or her
predecessor was appointed shall continue to serve until a
successor is appointed. The Chairman of the Council shall be
selected by and from the Council membership. The Council
members shall serve without compensation but shall be
reimbursed for their actual expenses incurred in line of duty.
The Council shall meet as often as the Chairman deems
necessary, but upon request of 4 or more members it shall be
the duty of the Chairman to call a meeting of the Council.
It shall be the duty of the Council to assist in the
formulation of and to review the policies and program of the
Agency as developed under authority of this Act and to make
recommendations thereon and to provide the Agency with such
technical advice and assistance as may be requested. The
Council may employ such professional, technical, clerical and
other assistants, without regard to the civil service laws or
the "Personnel Code" of this State, as it deems necessary to
carry out its duties.
Individuals who serve on advisory boards of the Department
of Nuclear Safety or its successor agency, the Illinois
Emergency Management Agency, shall be defended by the Attorney
General and indemnified for all actions alleging a violation
of any duty arising within the scope of their service on such

board. Nothing contained herein shall be deemed to afford
defense or indemnification for any willful or wanton violation
of law. Such defense and indemnification shall be afforded in
accordance with the terms and provisions of the State Employee
Indemnification Act.
(Source: P.A. 94-104, eff. 7-1-05.)
(420 ILCS 40/24.7)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24.7. Registration requirement; fees. Beginning
January 1, 2000, the Department of Nuclear Safety or its
successor agency, the Illinois Emergency Management Agency, is
authorized to require every operator of a radiation
installation to register the installation with the Department
or the Agency before the installation is placed in operation.
The Agency is authorized to exempt certain radiation sources
from registration by rule when the Agency makes a
determination that the exemption of such sources will not
constitute a significant risk to health and safety of the
public. Whenever there is a change in a radiation installation
that affects the registration information provided to the
Department or the Agency, including discontinuation of use or
disposition of radiation sources, the operator of such
installation shall, within 30 days, give written notice to the
Department or the Agency detailing the change.
Beginning January 1, 2000, every radiation installation

operator using radiation machines shall register annually in a
manner and form prescribed by the Department of Nuclear Safety
or its successor agency, the Illinois Emergency Management
Agency, and shall pay the Department or the Agency an annual
registration fee for each radiation machine. The Agency shall
by rule establish the annual registration fee to register and
inspect radiation installations based on the type of facility
and equipment possessed by the registrant. The Agency shall
bill the operator for the registration fee as soon as
practical after January 1. The registration fee shall be due
and payable within 60 days of the date of billing. If after 60
days the registration fee is not paid, the Agency may issue an
order directing the operator of the installation to cease use
of all radiation machines or take other appropriate
enforcement action as provided in Section 36 of this Act. Fees
collected under this Section are not refundable.
Registration of any radiation installation shall not imply
approval of manufacture, storage, use, handling, operation, or
disposal of radiation sources, but shall serve merely as
notice to the Agency of the location and character of
radiation sources in this State.
(Source: P.A. 94-104, eff. 7-1-05.)
(420 ILCS 40/25.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25.1. Each individual responsible for implementing a

comprehensive radiation protection program for all hospitals
and other facilities using mammography, computed tomography
(CT), or therapeutic radiation machines shall register with
the Department of Nuclear Safety or its successor agency, the
Illinois Emergency Management Agency. Application for
registration shall be made on a form prescribed by the Agency
and shall be accompanied by the required application fee. The
Agency shall approve the application and register an
individual if the individual satisfies criteria established by
rule of the Agency. The Agency shall assess registered
individuals an annual registration fee. The Agency shall
establish by rule application and registration fees. The
application and registration fees shall not be refundable.
(Source: P.A. 96-1041, eff. 7-14-10.)
(420 ILCS 40/25.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25.2. Installation and servicing of radiation
machines.
(a) Beginning January 1, 2002, a service provider who
installs or services radiation machines in the State of
Illinois must register with the Department of Nuclear Safety
or its successor agency, the Illinois Emergency Management
Agency. An operator of a radiation installation that is
registered under Section 24.7 is not required to register
under this Section to service the radiation machines that it

owns or leases.
(b) A service provider who installs a radiation machine in
the State of Illinois must report the installation to the
Agency.
(c) A service provider who services a radiation machine in
a radiation installation in the State of Illinois that is not
registered under Section 24.7 must report the service to the
Agency.
(d) The Agency is authorized to adopt rules to implement
this Section, including rules assessing application and annual
registration fees. Application and registration fees are not
refundable.
(Source: P.A. 94-104, eff. 7-1-05.)
Section 55. The Uranium and Thorium Mill Tailings Control
Act is amended by changing Section 10 as follows:
(420 ILCS 42/10)
Sec. 10. Definitions. As used in this Act:
"Agency" or "IEMA-OHS" means the Illinois Emergency
Management Agency and Office of Homeland Security, or its
successor agency.
"By-product material" means the tailings or wastes
produced by the extraction or concentration of uranium or
thorium from any ore processed primarily for its source
material content, including discrete surface wastes resulting

from underground solution extraction processes but not
including underground ore bodies depleted by such solution
extraction processes.
"Director" means the Director of the Illinois Emergency
Management Agency.
"Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
"Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an
atomic weapon, designed or used to sustain nuclear fission in
a self-supporting chain reaction.
"Person" means any individual, corporation, partnership,
firm, association, trust, estate, public or private
institution, group, agency, political subdivision of this
State, any other State or political subdivision or agency
thereof, and any legal successor, representative, agent, or
agency of the foregoing, other than the United States Nuclear
Regulatory Commission, or any successor thereto, and other
than federal government agencies licensed by the United States
Nuclear Regulatory Commission, or any successor thereto.

"Radiation emergency" means the uncontrolled release of
radioactive material from a radiation installation that poses
a potential threat to the public health, welfare, and safety.
"Small modular reactor" or "SMR" means an advanced nuclear
reactor: (1) with a rated nameplate capacity of 300 electrical
megawatts or less; and (2) that may be constructed and
operated in combination with similar reactors at a single
site.
"Source material" means (i) uranium, thorium, or any other
material that the Agency declares by order to be source
material after the United States Nuclear Regulatory Commission
or its successor has determined the material to be source
material; or (ii) ores containing one or more of those
materials in such concentration as the Agency declares by
order to be source material after the United States Nuclear
Regulatory Commission or its successor has determined the
material in such concentration to be source material.
"Specific license" means a license, issued after
application, to use, manufacture, produce, transfer, receive,
acquire, own, or possess quantities of radioactive materials
or devices or equipment utilizing radioactive materials.
(Source: P.A. 95-777, eff. 8-4-08.)
Section 60. The Radon Industry Licensing Act is amended by
changing Sections 10 and 15 as follows:

(420 ILCS 44/10)
Sec. 10. Primary responsibility with Illinois Emergency
Management Agency. The Illinois Emergency Management Agency
shall have primary responsibility for coordination, oversight,
and implementation of all State functions in matters
concerning the presence, effects, measurement, and mitigation
of risks of radon and radon progeny in dwellings and other
buildings. The Department of Natural Resources, the
Environmental Protection Agency, the Department of Public
Health, and other State agencies shall consult and cooperate
with the Agency as requested and as necessary to fulfill the
purposes of this Act.
(Source: P.A. 94-369, eff. 7-29-05.)
(420 ILCS 44/15)
Sec. 15. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Agency" or "IEMA-OHS" means the Illinois Emergency
Management Agency and Office of Homeland Security, or its
successor agency.
(b) "Client" means any person who contracts for
measurement or mitigation services.
(c) "Director" means the Director of the Illinois
Emergency Management Agency.
(d) "Interfere" means to adversely or potentially
adversely impact the successful completion of an indoor radon

measurement by changing the radon or radon progeny
concentrations or altering the performance of measurement
equipment or an indoor radon mitigation system installation or
operation.
(e) "Laboratory analysis" means the act of analyzing the
radon or radon progeny concentrations with passive devices, or
the act of calibrating radon or radon progeny measurement
devices, or the act of exposing radon or radon progeny devices
to known concentrations of radon or radon progeny as a
compensated service.
(f) "Mitigation" means the act of repairing or altering a
building or building design for the purpose in whole or in part
of reducing the concentration of radon in the indoor
atmosphere.
(g) "Person" means entities, including, but not limited
to, an individual, company, corporation, firm, group,
association, partnership, joint venture, trust, or government
agency or subdivision.
(h) "Radon" means a gaseous radioactive decay product of
uranium or thorium.
(i) "Radon contractor" or "contractor" means a person
licensed to perform radon or radon progeny mitigation or to
perform measurements of radon or radon progeny in an indoor
atmosphere.
(j) "Radon progeny" means any combination of the
radioactive decay products of radon.

(Source: P.A. 94-369, eff. 7-29-05.)
Section 65. The Laser System Act of 1997 is amended by
changing Sections 15 and 60 as follows:
(420 ILCS 56/15)
Sec. 15. Definitions. For the purposes of this Act, unless
the context requires otherwise:
"Agency" or "IEMA-OHS" means the Illinois Emergency
Management Agency and Office of Homeland Security, or its
successor agency.
"Director" means the Director of the Illinois Emergency
Management Agency.
"FDA" means the Food and Drug Administration of the United
States Department of Health and Human Services.
"Laser installation" means a location or facility where
laser systems are produced, stored, disposed of, or used for
any purpose. "Laser installation" does not include any private
residence.
"Laser installation operator" means an individual, group
of individuals, partnership, firm, corporation, association,
or other entity conducting any business or activity within a
laser installation.
"Laser machine" means a device that is capable of
producing or projecting laser radiation when associated
controlled devices are operated.

"Laser radiation" means an electromagnetic radiation
emitted from a laser system and includes all reflected
radiation, any secondary radiation, or other forms of energy
resulting from the primary laser beam.
"Laser safety officer" means an individual who is
qualified by training and experience in the evaluation and
control of laser hazards, as evidenced by satisfaction of the
training and experience requirements adopted by the Agency
under subsection (b) of Section 16, and who is designated,
where required by Sections 16 and 17, by a laser installation
operator or temporary laser display operator to have the
authority and responsibility to establish and administer a
laser radiation protection program for a particular laser
installation or temporary laser display.
"Laser system" means a device, laser projector, laser
machine, equipment, or other apparatus that applies a source
of energy to a gas, liquid, crystal, or other solid substances
or combination thereof in a manner that electromagnetic
radiations of a relatively uniform wave length are amplified
and emitted in a cohesive beam capable of transmitting the
energy developed in a manner that may be harmful to living
tissues, including, but not limited to, electromagnetic waves
in the range of visible, infrared, or ultraviolet light. Such
systems in schools, colleges, occupational schools, and State
colleges and other State institutions are also included in the
definition of "laser systems". "Laser system" includes laser

machines but does not include any device, machine, equipment,
or other apparatus used in the provision of communications
through fiber optic cable.
"Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
"Nuclear power plant" or "nuclear steam-generating
facility" means a thermal power plant in which the energy
(heat) released by the fissioning of nuclear fuel is used to
boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an
atomic weapon, designed or used to sustain nuclear fission in
a self-supporting chain reaction.
"Small modular reactor" or "SMR" means an advanced nuclear
reactor: (1) with a rated nameplate capacity of 300 electrical
megawatts or less; and (2) that may be constructed and
operated in combination with similar reactors at a single
site.
"Temporary laser display" means a visual effect display
created for a limited period of time at a laser installation by
a laser system that is not a permanent fixture in the laser
installation for the entertainment of the public or invitees,
regardless of whether admission is charged or whether the
laser display takes place indoors or outdoors.

"Temporary laser display operator" means an individual,
group of individuals, partnership, firm, corporation,
association, or other entity conducting a temporary laser
display at a laser installation.
(Source: P.A. 102-558, eff. 8-20-21; 103-277, eff. 7-28-23.)