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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Nuclear Safety Law of 2004 is amended by
5changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 40.5, 50, 55,
665, 70, 75, and 85 and by adding Sections 8 and 90 as follows:
7 (20 ILCS 3310/5)
8 Sec. 5. Cross references. The Illinois Emergency
9Management Agency shall exercise, administer, and enforce all
10rights, powers, and duties vested in Department of Nuclear
11Safety by the following named Acts or Sections of those Acts:
12 (1) The Radiation Protection Act of 1990.
13 (2) The Radioactive Waste Storage Act.
14 (3) (Blank).
15 (4) The Laser System Act of 1997.
16 (5) The Illinois Nuclear Safety Preparedness Act.
17 (6) The Radioactive Waste Compact Enforcement Act.
18 (7) Illinois Low-Level Radioactive Waste Management
19 Act.
20 (8) Illinois Nuclear Facility Safety Act.
21 (9) Radioactive Waste Tracking and Permitting Act.
22 (10) Radon Industry Licensing Act.
23 (11) Uranium and Thorium Mill Tailings Control Act.

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1(Source: P.A. 95-331, eff. 8-21-07.)
2 (20 ILCS 3310/8 new)
3 Sec. 8. Definitions. In this Act:
4 "IEMA-OHS" means the Illinois Emergency Management Agency
5and Office of Homeland Security, or its successor agency.
6 "Director" means the Director of IEMA-OHS.
7 "Nuclear facilities" means nuclear power plants,
8facilities housing nuclear test and research reactors,
9facilities for the chemical conversion of uranium, and
10facilities for the storage of spent nuclear fuel or high-level
11radioactive waste.
12 "Nuclear power plant" or "nuclear steam-generating
13facility" means a thermal power plant in which the energy
14(heat) released by the fissioning of nuclear fuel is used to
15boil water to produce steam.
16 "Nuclear power reactor" means an apparatus, other than an
17atomic weapon, designed or used to sustain nuclear fission in
18a self-supporting chain reaction.
19 "Small modular reactor" or "SMR" means an advanced nuclear
20reactor: (1) with a rated nameplate capacity of 300 electrical
21megawatts or less; and (2) that may be constructed and
22operated in combination with similar reactors at a single
23site.
24 (20 ILCS 3310/10)

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1 Sec. 10. Nuclear and radioactive materials disposal. The
2Illinois Emergency Management Agency shall formulate a
3comprehensive plan regarding disposal of nuclear and
4radioactive materials in this State. The Illinois Emergency
5Management Agency shall establish minimum standards for
6disposal sites, shall evaluate and publicize potential effects
7on the public health and safety, and shall report to the
8Governor and General Assembly all violations of the adopted
9standards. In carrying out this function, the Illinois
10Emergency Management Agency shall work in cooperation with the
11Radiation Protection Advisory Council.
12(Source: P.A. 93-1029, eff. 8-25-04.)
13 (20 ILCS 3310/15)
14 Sec. 15. Radiation sources; radioactive waste disposal.
15The Illinois Emergency Management Agency, instead of the
16Department of Nuclear Safety, shall register, license,
17inspect, and control radiation sources, shall purchase, lease,
18accept, or acquire lands, buildings, and grounds where
19radioactive wastes can be disposed, and shall supervise and
20regulate the operation of the disposal sites.
21(Source: P.A. 93-1029, eff. 8-25-04.)
22 (20 ILCS 3310/20)
23 Sec. 20. Nuclear waste sites.
24 (a) The Illinois Emergency Management Agency shall conduct

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1a survey and prepare and publish a list of sites in the State
2where nuclear waste has been deposited, treated, or stored.
3 (b) The Illinois Emergency Management Agency shall monitor
4nuclear waste processing, use, handling, storage, and disposal
5practices in the State, and shall determine existing and
6expected rates of production of nuclear wastes.
7 (c) The Illinois Emergency Management Agency shall compile
8and make available to the public an annual report identifying
9the type and quantities of nuclear waste generated, stored,
10treated, or disposed of within this State and containing the
11other information required to be collected under this Section.
12(Source: P.A. 93-1029, eff. 8-25-04.)
13 (20 ILCS 3310/25)
14 Sec. 25. Boiler and pressure vessel safety. The Illinois
15Emergency Management Agency shall exercise, administer, and
16enforce all of the following rights, powers, and duties:
17 (1) Rights, powers, and duties vested in the
18 Department of Nuclear Safety by the Boiler and Pressure
19 Vessel Safety Act prior to the abolishment of the
20 Department of Nuclear Safety, to the extent the rights,
21 powers, and duties relate to nuclear steam-generating
22 facilities.
23 (2) Rights, powers, and duties relating to nuclear
24 steam-generating facilities vested in the Department of
25 Nuclear Safety by the Boiler and Pressure Vessel Safety

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1 Act prior to the abolishment of the Department of Nuclear
2 Safety, which include but are not limited to the
3 formulation of definitions, rules, and regulations for the
4 safe and proper construction, installation, repair, use,
5 and operation of nuclear steam-generating facilities, the
6 adoption of rules for already installed nuclear
7 steam-generating facilities, the adoption of rules for
8 accidents in nuclear steam-generating facilities, the
9 examination for or suspension of inspectors' licenses of
10 the facilities, and the hearing of appeals from decisions
11 relating to the facilities.
12 (3) Rights, powers, and duties relating to nuclear
13 steam-generating facilities, vested in the State Fire
14 Marshal, the Chief Inspector, or the Department of Nuclear
15 Safety prior to its abolishment, by the Boiler and
16 Pressure Vessel Safety Act, which include but are not
17 limited to the employment of inspectors of nuclear
18 steam-generating facilities, issuance or suspension of
19 their commissions, prosecution of the Act or rules
20 promulgated thereunder for violations by nuclear
21 steam-generating facilities, maintenance of inspection
22 records of all the facilities, publication of rules
23 relating to the facilities, having free access to the
24 facilities, issuance of inspection certificates of the
25 facilities, and the furnishing of bonds conditioned upon
26 the faithful performance of their duties. The Director of

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1 the Illinois Emergency Management Agency may designate a
2 Chief Inspector, or other inspectors, as he or she deems
3 necessary to perform the functions transferred by this
4 Section.
5 The transfer of rights, powers, and duties specified in
6paragraphs (1), (2), and (3) is limited to the program
7transferred by this Act and shall not be deemed to abolish or
8diminish the exercise of those same rights, powers, and duties
9by the Office of the State Fire Marshal, the Board of Boiler
10and Pressure Vessel Rules, the State Fire Marshal, or the
11Chief Inspector with respect to programs retained by the
12Office of the State Fire Marshal.
13(Source: P.A. 95-777, eff. 8-4-08.)
14 (20 ILCS 3310/30)
15 Sec. 30. Powers vested in Environmental Protection Agency.
16 (a) The Illinois Emergency Management Agency shall
17exercise, administer, and enforce all rights, powers, and
18duties vested in the Environmental Protection Agency by
19paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q,
20and r of Section 4 and by Sections 30 through 45 of the
21Environmental Protection Act, to the extent that these powers
22relate to standards of the Pollution Control Board adopted
23under Section 35 of this Act. The transfer of rights, powers,
24and duties specified in this Section is limited to the
25programs transferred by Public Act 81-1516 and this Act and

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1shall not be deemed to abolish or diminish the exercise of
2those same rights, powers, and duties by the Environmental
3Protection Agency with respect to programs retained by the
4Environmental Protection Agency.
5 (b) Notwithstanding provisions in Sections 4 and 17.7 of
6the Environmental Protection Act, the Environmental Protection
7Agency is not required to perform analytical services for
8community water supplies to determine compliance with
9contaminant levels for radionuclides as specified in State or
10federal drinking water regulations.
11(Source: P.A. 99-83, eff. 7-20-15.)
12 (20 ILCS 3310/35)
13 Sec. 35. Pollution Control Board regulations concerning
14nuclear plants. The Illinois Emergency Management Agency shall
15enforce the regulations promulgated by the Pollution Control
16Board under Section 25b of the Environmental Protection Act.
17Under these regulations the Illinois Emergency Management
18Agency shall require that a person, corporation, or public
19authority intending to construct a nuclear steam-generating
20facility or a nuclear fuel reprocessing plant file with the
21Illinois Emergency Management Agency an environmental
22feasibility report that incorporates the data provided in the
23preliminary safety analysis required to be filed with the
24United States Nuclear Regulatory Commission.
25(Source: P.A. 93-1029, eff. 8-25-04.)

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1 (20 ILCS 3310/40)
2 Sec. 40. Regulation of nuclear safety.
3 (a) The Illinois Emergency Management Agency shall have
4primary responsibility for the coordination and oversight of
5all State governmental functions concerning the regulation of
6nuclear power, including low level waste management,
7environmental monitoring, environmental radiochemical
8analysis, and transportation of nuclear waste. Functions
9performed by the Illinois State Police and the Department of
10Transportation in the area of nuclear safety, on the effective
11date of this Act, may continue to be performed by these
12agencies but under the direction of the Illinois Emergency
13Management Agency. All other governmental functions regulating
14nuclear safety shall be coordinated by the Illinois Emergency
15Management Agency.
16 (b) IEMA-OHS, in consultation with the Illinois
17Environmental Protection Agency, shall adopt rules for the
18regulation of small modular reactors. The rules shall be
19adopted by January 1, 2026 and shall include criteria for
20decommissioning, environmental monitoring, and emergency
21preparedness. The rules shall include a fee structure to cover
22IEMA-OHS costs for regulation and inspection. The fee
23structure may include fees to cover costs of local government
24emergency response preparedness through grants administered by
25IEMA-OHS. None of the rules developed by the Illinois

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1Emergency Management Agency and Office of Homeland Security or
2any other State agency, board, or commission pursuant to this
3Act shall be construed to supersede the authority of the U.S.
4Nuclear Regulatory Commission. The changes made by this
5amendatory Act of the 103rd General Assembly shall not apply
6to the uprate, renewal, or subsequent renewal of any license
7for an existing nuclear power reactor that began operation
8prior to the effective date of this amendatory Act of the 103rd
9General Assembly. Any fees collected under this subsection
10shall be deposited into the Nuclear Safety Emergency
11Preparedness Fund created pursuant to Section 7 of the
12Illinois Nuclear Safety Preparedness Act.
13 (c) Consistent with federal law and policy statements of
14and cooperative agreements with the U.S. Nuclear Regulatory
15Commission with respect to State participation in health and
16safety regulation of nuclear facilities, and in recognition of
17the role provided for the states by such laws, policy
18statements, and cooperative agreements, IEMA-OHS may develop
19and implement a program for inspections of small modular
20reactors, both operational and non-operational. The owner of
21each small modular reactor shall allow access to IEMA-OHS
22inspectors of all premises and records of the small modular
23reactor. The IEMA-OHS inspectors shall operate in accordance
24with any cooperative agreements executed between IEMA-OHS and
25the U.S. Nuclear Regulatory Commission. The IEMA-OHS
26inspectors shall operate in accordance with the security plan

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1for the small modular reactor. IEMA-OHS programs and
2activities under this Section shall not be inconsistent with
3federal law.
4 (d) IEMA-OHS shall be authorized to conduct activities
5specified in Section 8 of the Illinois Nuclear Safety
6Preparedness Act in regard to small modular reactors.
7(Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21;
8102-813, eff. 5-13-22.)
9 (20 ILCS 3310/40.5)
10 Sec. 40.5. Radiochemistry laboratory program. The Illinois
11Emergency Management Agency shall implement a comprehensive
12radiochemistry laboratory program. The Director of the
13Illinois Emergency Management Agency, in accordance with the
14Personnel Code, shall employ and direct such personnel, and
15shall provide for such laboratory and other facilities, as may
16be necessary to carry out the purposes of this Act and the Acts
17referenced in Section 5.
18(Source: P.A. 102-133, eff. 7-23-21.)
19 (20 ILCS 3310/50)
20 Sec. 50. Personnel transferred. Personnel previously
21assigned to the programs transferred from the Department of
22Nuclear Safety are hereby transferred to the Illinois
23Emergency Management Agency (now the Illinois Emergency
24Management Agency and Office of Homeland Security). The rights

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1of the employees, the State, and executive agencies under the
2Personnel Code, any collective bargaining agreement, or any
3pension, retirement, or annuity plan shall not be affected by
4this Act.
5(Source: P.A. 93-1029, eff. 8-25-04.)
6 (20 ILCS 3310/55)
7 Sec. 55. Records and property transferred. All books,
8records, papers, documents, property (real or personal),
9unexpended appropriations, and pending business in any way
10pertaining to the rights, powers, and duties transferred by
11this Act shall be delivered and transferred to the Illinois
12Emergency Management Agency (now the Illinois Emergency
13Management Agency and Office of Homeland Security).
14(Source: P.A. 93-1029, eff. 8-25-04.)
15 (20 ILCS 3310/65)
16 Sec. 65. Nuclear accident plan. The Illinois Emergency
17Management Agency shall have primary responsibility to
18formulate a comprehensive emergency preparedness and response
19plan for any nuclear accident. The Illinois Emergency
20Management Agency shall also train and maintain an emergency
21response team.
22(Source: P.A. 93-1029, eff. 8-25-04.)
23 (20 ILCS 3310/70)

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1 Sec. 70. Nuclear and radioactive materials transportation
2plan. The Illinois Emergency Management Agency shall formulate
3a comprehensive plan regarding the transportation of nuclear
4and radioactive materials in Illinois. The Illinois Emergency
5Management Agency shall have primary responsibility for all
6State governmental regulation of the transportation of nuclear
7and radioactive materials, insofar as the regulation pertains
8to the public health and safety. This responsibility shall
9include but not be limited to the authority to oversee and
10coordinate regulatory functions performed by the Department of
11Transportation, the Illinois State Police, and the Illinois
12Commerce Commission.
13(Source: P.A. 102-538, eff. 8-20-21.)
14 (20 ILCS 3310/75)
15 Sec. 75. State nuclear power policy. Subject to
16appropriation, the Illinois Emergency Management Agency, in
17cooperation with the Department of Natural Resources, shall
18study (i) the impact and cost of nuclear power and compare
19these to the impact and cost of alternative sources of energy,
20(ii) the potential effects on the public health and safety of
21all radioactive emissions from nuclear power plants, and (iii)
22all other factors that bear on the use of nuclear power or on
23nuclear safety. The Illinois Emergency Management Agency shall
24formulate a general nuclear policy for the State based on the
25findings of the study. The policy shall include but not be

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1limited to the feasibility of continued use of nuclear power,
2effects of the use of nuclear power on the public health and
3safety, minimum acceptable standards for the location of any
4future nuclear power plants, and rules and regulations for the
5reporting by public utilities of radioactive emissions from
6power plants. The Illinois Emergency Management Agency shall
7establish a reliable system for communication between the
8public and the Illinois Emergency Management Agency and for
9dissemination of information by the Illinois Emergency
10Management Agency. The Illinois Emergency Management Agency
11shall publicize the findings of all studies and make the
12publications reasonably available to the public.
13(Source: P.A. 101-149, eff. 7-26-19.)
14 (20 ILCS 3310/85)
15 Sec. 85. Saving clause.
16 (a) The rights, powers and duties transferred to the
17Illinois Emergency Management Agency (now the Illinois
18Emergency Management Agency and Office of Homeland Security)
19by this Act shall be vested in and shall be exercised by the
20Illinois Emergency Management Agency (now the Illinois
21Emergency Management Agency and Office of Homeland Security).
22Each act done in exercise of such rights, powers, and duties
23shall have the same legal effect as if done by the Department
24of Nuclear Safety, its divisions, officers, or employees.
25 (b) Every person or corporation shall be subject to the

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1same obligations and duties and any penalties, civil or
2criminal, arising therefrom, and shall have the same rights
3arising from the exercise of such powers, duties, rights and
4responsibilities as had been exercised by the Department of
5Nuclear Safety, its divisions, officers or employees.
6 (c) Every officer of the Illinois Emergency Management
7Agency and Office of Homeland Security shall, for any offense,
8be subject to the same penalty or penalties, civil or
9criminal, as are prescribed by existing law for the same
10offense by any officer whose powers or duties were transferred
11under this Act.
12 (d) Whenever reports or notices are now required to be
13made or given or papers or documents furnished or served by any
14person to or upon the agencies and officers transferred by
15this Act, the same shall be made, given, furnished, or served
16in the same manner to or upon the Illinois Emergency
17Management Agency (now the Illinois Emergency Management
18Agency and Office of Homeland Security).
19 (e) This Act shall not affect any act done, ratified, or
20canceled or any right occurring or established or any action
21or proceeding had or commenced in an administrative, civil, or
22criminal cause regarding the Department of Nuclear Safety
23before this Act takes effect, but such actions or proceedings
24may be prosecuted and continued by the Illinois Emergency
25Management Agency (now the Illinois Emergency Management
26Agency and Office of Homeland Security).

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1 (f) Any rules of the Department of Nuclear Safety that are
2in full force on the effective date of this Act and that have
3been duly adopted by the Illinois Emergency Management Agency
4(now the Illinois Emergency Management Agency and Office of
5Homeland Security) shall become the rules of the Illinois
6Emergency Management Agency (now the Illinois Emergency
7Management Agency and Office of Homeland Security). This Act
8shall not affect the legality of any such rules in the Illinois
9Administrative Code. Any proposed rules filed with the
10Secretary of State by the Department of Nuclear Safety that
11are pending in the rulemaking process on the effective date of
12this Act, shall be deemed to have been filed by the Illinois
13Emergency Management Agency (now the Illinois Emergency
14Management Agency and Office of Homeland Security). As soon as
15practicable hereafter, the Illinois Emergency Management
16Agency (now the Illinois Emergency Management Agency and
17Office of Homeland Security) shall revise and clarify the
18rules transferred to it under this Act to reflect the
19reorganization of rights, powers, and duties effected by this
20Act using the procedures for recodification of rules available
21under the Illinois Administrative Procedure Act, except that
22existing title, part, and section numbering for the affected
23rules may be retained. The Illinois Emergency Management
24Agency and Office of Homeland Security may propose and adopt
25under the Illinois Administrative Procedure Act such other
26rules of the reorganized agencies that will now be

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1administered by the Illinois Emergency Management Agency and
2Office of Homeland Security.
3 (g) If any provision of this Act or its application to any
4person or circumstances is held invalid by any court of
5competent jurisdiction, this invalidity does not affect any
6other provision or application. To achieve this purpose, the
7provisions of this Act are declared to be severable.
8(Source: P.A. 93-1029, eff. 8-25-04.)
9 (20 ILCS 3310/90 new)
10 Sec. 90. Small modular reactor study.
11 (a) The Governor may commission a study on the potential
12for development of small modular reactors in this State. No
13later than January 1, 2025, subject to appropriation, the
14Governor is authorized to commission a study, led by the
15Illinois Emergency Management Agency and Office of Homeland
16Security, to research the State's role in guiding the
17development of small modular reactors.
18 IEMA-OHS shall publish a draft of the study for a 30-day
19public comment period. After the conclusion of the public
20comment period, IEMA-OHS shall finalize the study, post a
21publicly available copy on its website, and submit a copy to
22the General Assembly.
23 (b) The study shall include, at a minimum, the following:
24 (1) a review of the current state of small modular
25 reactor technologies and the characteristics of nuclear

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1 reactor technologies currently under research and
2 development and expected to enter the market by 2040;
3 (2) a review of the following federal regulatory and
4 permitting issues concerning small modular reactors:
5 (A) current and proposed permitting and approval
6 processes for small modular reactors conducted by
7 federal agencies, including, but not limited to, the
8 Nuclear Regulatory Commission, the Federal Emergency
9 Management Agency, and the United States Environmental
10 Protection Agency;
11 (B) the projected timeline of such federal
12 permitting and approval processes;
13 (C) federal regulation of small modular reactors
14 over the life of those facilities; and
15 (D) federal regulation of the storage and disposal
16 of wastes generated by those facilities;
17 (3) a review of the following State and local
18 regulatory and permitting issues concerning small modular
19 reactors and other sources of electricity generation:
20 (A) current and proposed State and local
21 permitting and approval processes for small modular
22 reactors and other sources of electricity generation,
23 as applicable;
24 (B) State and local regulation of small modular
25 reactors and other sources of electricity generation
26 over the life of those facilities; and

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

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1 (c) This Section is repealed on January 1, 2027.
2 Section 10. The Radioactive Waste Compact Enforcement Act
3is amended by changing Sections 15 and 25 as follows:
4 (45 ILCS 141/15)
5 Sec. 15. Definitions. In this Act:
6 "IEMA-OHS" means the Illinois Emergency Management Agency
7and Office of Homeland Security, or its successor agency.
8 "Commission" means the Central Midwest Interstate
9Low-Level Radioactive Waste Commission.
10 "Compact" means the Central Midwest Interstate Low-Level
11Radioactive Waste Compact.
12 "Director" means the Director of IEMA-OHS.
13 "Disposal" means the isolation of waste from the biosphere
14in a permanent facility designed for that purpose.
15 "Facility" means a parcel of land or site, together with
16the structures, equipment, and improvements on or appurtenant
17to the land or site, that is used or is being developed for the
18treatment, storage or disposal of low-level radioactive waste.
19 "Low-level radioactive waste" or "waste" means radioactive
20waste not classified as (1) high-level radioactive waste, (2)
21transuranic waste, (3) spent nuclear fuel, or (4) byproduct
22material as defined in Sections 11e(2), 11e(3), and 11e(4) of
23the Atomic Energy Act (42 U.S.C. 2014). This definition shall
24apply notwithstanding any declaration by the federal

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1government, a state, or any regulatory agency that any
2radioactive material is exempt from any regulatory control.
3 "Management plan" means the plan adopted by the Commission
4for the storage, transportation, treatment and disposal of
5waste within the region.
6 "Nuclear facilities" means nuclear power plants,
7facilities housing nuclear test and research reactors,
8facilities for the chemical conversion of uranium, and
9facilities for the storage of spent nuclear fuel or high-level
10radioactive waste.
11 "Nuclear power plant" or "nuclear steam-generating
12facility" means a thermal power plant in which the energy
13(heat) released by the fissioning of nuclear fuel is used to
14boil water to produce steam.
15 "Nuclear power reactor" means an apparatus, other than an
16atomic weapon, designed or used to sustain nuclear fission in
17a self-supporting chain reaction.
18 "Person" means any individual, corporation, business
19enterprise or other legal entity, public or private, and any
20legal successor, representative, agent or agency of that
21individual, corporation, business enterprise, or legal entity.
22 "Region" means the geographical area of the State of
23Illinois and the Commonwealth of Kentucky.
24 "Regional Facility" means any facility as defined in this
25Act that is (1) located in Illinois, and (2) established by
26Illinois pursuant to designation of Illinois as a host state

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1by the Commission.
2 "Small modular reactor" or "SMR" means an advanced nuclear
3reactor: (1) with a rated nameplate capacity of 300 electrical
4megawatts or less; and (2) that may be constructed and
5operated in combination with similar reactors at a single
6site.
7 "Storage" means the temporary holding of radioactive
8material for treatment or disposal.
9 "Treatment" means any method, technique or process,
10including storage for radioactive decay, designed to change
11the physical, chemical, or biological characteristics of the
12radioactive material in order to render the radioactive
13material safe for transport or management, amenable to
14recovery, convertible to another usable material, or reduced
15in volume.
16(Source: P.A. 103-306, eff. 7-28-23.)
17 (45 ILCS 141/25)
18 Sec. 25. Enforcement.
19 (a) The Illinois Emergency Management Agency (Agency)
20shall adopt regulations to administer and enforce the
21provisions of this Act. The regulations shall be adopted with
22the consultation and cooperation of the Commission.
23 Regulations adopted by the Agency under this Act shall
24prohibit the shipment into or acceptance of waste in Illinois
25if the shipment or acceptance would result in a violation of

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1any provision of the Compact or this Act.
2 (b) The Agency may, by regulation, impose conditions on
3the shipment into or acceptance of waste in Illinois that the
4Agency determines to be reasonable and necessary to enforce
5the provisions of this Act. The conditions may include, but
6are not limited to (i) requiring prior notification of any
7proposed shipment or receipt of waste; (ii) requiring the
8shipper or recipient to identify the location to which the
9waste will be sent for disposal following treatment or storage
10in Illinois; (iii) limiting the time that waste from outside
11Illinois may be held in Illinois; (iv) requiring the shipper
12or recipient to post bond or by other mechanism to assure that
13radioactive material will not be treated, stored, or disposed
14of in Illinois in violation of any provision of this Act; (v)
15requiring that the shipper consent to service of process
16before shipment of waste into Illinois.
17 (c) The Agency shall, by regulation, impose a system of
18civil penalties in accordance with the provisions of this Act.
19Amounts recovered under these regulations shall be deposited
20in the Low-Level Radioactive Waste Facility Development and
21Operation Fund.
22 (d) The regulations adopted by the Agency may provide for
23the granting of exemptions, but only upon a showing by the
24applicant that the granting of an exemption would be
25consistent with the Compact.
26(Source: P.A. 95-777, eff. 8-4-08.)

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1 Section 15. The Public Utilities Act is amended by
2changing Section 8-406 as follows:
3 (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
4 Sec. 8-406. Certificate of public convenience and
5necessity.
6 (a) No public utility not owning any city or village
7franchise nor engaged in performing any public service or in
8furnishing any product or commodity within this State as of
9July 1, 1921 and not possessing a certificate of public
10convenience and necessity from the Illinois Commerce
11Commission, the State Public Utilities Commission, or the
12Public Utilities Commission, at the time Public Act 84-617
13goes into effect (January 1, 1986), shall transact any
14business in this State until it shall have obtained a
15certificate from the Commission that public convenience and
16necessity require the transaction of such business. A
17certificate of public convenience and necessity requiring the
18transaction of public utility business in any area of this
19State shall include authorization to the public utility
20receiving the certificate of public convenience and necessity
21to construct such plant, equipment, property, or facility as
22is provided for under the terms and conditions of its tariff
23and as is necessary to provide utility service and carry out
24the transaction of public utility business by the public

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1utility in the designated area.
2 (b) No public utility shall begin the construction of any
3new plant, equipment, property, or facility which is not in
4substitution of any existing plant, equipment, property, or
5facility, or any extension or alteration thereof or in
6addition thereto, unless and until it shall have obtained from
7the Commission a certificate that public convenience and
8necessity require such construction. Whenever after a hearing
9the Commission determines that any new construction or the
10transaction of any business by a public utility will promote
11the public convenience and is necessary thereto, it shall have
12the power to issue certificates of public convenience and
13necessity. The Commission shall determine that proposed
14construction will promote the public convenience and necessity
15only if the utility demonstrates: (1) that the proposed
16construction is necessary to provide adequate, reliable, and
17efficient service to its customers and is the least-cost means
18of satisfying the service needs of its customers or that the
19proposed construction will promote the development of an
20effectively competitive electricity market that operates
21efficiently, is equitable to all customers, and is the least
22cost means of satisfying those objectives; (2) that the
23utility is capable of efficiently managing and supervising the
24construction process and has taken sufficient action to ensure
25adequate and efficient construction and supervision thereof;
26and (3) that the utility is capable of financing the proposed

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1construction without significant adverse financial
2consequences for the utility or its customers.
3 (b-5) As used in this subsection (b-5):
4 "Qualifying direct current applicant" means an entity that
5seeks to provide direct current bulk transmission service for
6the purpose of transporting electric energy in interstate
7commerce.
8 "Qualifying direct current project" means a high voltage
9direct current electric service line that crosses at least one
10Illinois border, the Illinois portion of which is physically
11located within the region of the Midcontinent Independent
12System Operator, Inc., or its successor organization, and runs
13through the counties of Pike, Scott, Greene, Macoupin,
14Montgomery, Christian, Shelby, Cumberland, and Clark, is
15capable of transmitting electricity at voltages of 345
16kilovolts or above, and may also include associated
17interconnected alternating current interconnection facilities
18in this State that are part of the proposed project and
19reasonably necessary to connect the project with other
20portions of the grid.
21 Notwithstanding any other provision of this Act, a
22qualifying direct current applicant that does not own,
23control, operate, or manage, within this State, any plant,
24equipment, or property used or to be used for the transmission
25of electricity at the time of its application or of the
26Commission's order may file an application on or before

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1December 31, 2023 with the Commission pursuant to this Section
2or Section 8-406.1 for, and the Commission may grant, a
3certificate of public convenience and necessity to construct,
4operate, and maintain a qualifying direct current project. The
5qualifying direct current applicant may also include in the
6application requests for authority under Section 8-503. The
7Commission shall grant the application for a certificate of
8public convenience and necessity and requests for authority
9under Section 8-503 if it finds that the qualifying direct
10current applicant and the proposed qualifying direct current
11project satisfy the requirements of this subsection and
12otherwise satisfy the criteria of this Section or Section
138-406.1 and the criteria of Section 8-503, as applicable to
14the application and to the extent such criteria are not
15superseded by the provisions of this subsection. The
16Commission's order on the application for the certificate of
17public convenience and necessity shall also include the
18Commission's findings and determinations on the request or
19requests for authority pursuant to Section 8-503. Prior to
20filing its application under either this Section or Section
218-406.1, the qualifying direct current applicant shall conduct
223 public meetings in accordance with subsection (h) of this
23Section. If the qualifying direct current applicant
24demonstrates in its application that the proposed qualifying
25direct current project is designed to deliver electricity to a
26point or points on the electric transmission grid in either or

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1both the PJM Interconnection, LLC or the Midcontinent
2Independent System Operator, Inc., or their respective
3successor organizations, the proposed qualifying direct
4current project shall be deemed to be, and the Commission
5shall find it to be, for public use. If the qualifying direct
6current applicant further demonstrates in its application that
7the proposed transmission project has a capacity of 1,000
8megawatts or larger and a voltage level of 345 kilovolts or
9greater, the proposed transmission project shall be deemed to
10satisfy, and the Commission shall find that it satisfies, the
11criteria stated in item (1) of subsection (b) of this Section
12or in paragraph (1) of subsection (f) of Section 8-406.1, as
13applicable to the application, without the taking of
14additional evidence on these criteria. Prior to the transfer
15of functional control of any transmission assets to a regional
16transmission organization, a qualifying direct current
17applicant shall request Commission approval to join a regional
18transmission organization in an application filed pursuant to
19this subsection (b-5) or separately pursuant to Section 7-102
20of this Act. The Commission may grant permission to a
21qualifying direct current applicant to join a regional
22transmission organization if it finds that the membership, and
23associated transfer of functional control of transmission
24assets, benefits Illinois customers in light of the attendant
25costs and is otherwise in the public interest. Nothing in this
26subsection (b-5) requires a qualifying direct current

HB2473 Enrolled- 28 -LRB103 28983 AMQ 55369 b
1applicant to join a regional transmission organization.
2Nothing in this subsection (b-5) requires the owner or
3operator of a high voltage direct current transmission line
4that is not a qualifying direct current project to obtain a
5certificate of public convenience and necessity to the extent
6it is not otherwise required by this Section 8-406 or any other
7provision of this Act.
8 (c) As used in this subsection (c):
9 "Decommissioning" has the meaning given to that term in
10subsection (a) of Section 8-508.1.
11 "Nuclear power reactor" has the meaning given to that term
12in Section 8 of the Nuclear Safety Law of 2004.
13 After the effective date of this amendatory Act of the
14103rd General Assembly September 11, 1987 (the effective date
15of Public Act 85-377), no construction shall commence on any
16new nuclear power reactor with a nameplate capacity of more
17than 300 megawatts of electricity plant to be located within
18this State, and no certificate of public convenience and
19necessity or other authorization shall be issued therefor by
20the Commission, until the Illinois Emergency Management Agency
21and Office of Homeland Security, in consultation with Director
22of the Illinois Environmental Protection Agency and the
23Illinois Department of Natural Resources, finds that the
24United States Government, through its authorized agency, has
25identified and approved a demonstrable technology or means for
26the disposal of high level nuclear waste, or until such

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1construction has been specifically approved by a statute
2enacted by the General Assembly. Beginning January 1, 2026,
3construction may commence on a new nuclear power reactor with
4a nameplate capacity of 300 megawatts of electricity or less
5within this State if the entity constructing the new nuclear
6power reactor has obtained all permits, licenses, permissions,
7or approvals governing the construction, operation, and
8funding of decommissioning of such nuclear power reactors
9required by: (1) this Act; (2) any rules adopted by the
10Illinois Emergency Management Agency and Office of Homeland
11Security under the authority of this Act; (3) any applicable
12federal statutes, including, but not limited to, the Atomic
13Energy Act of 1954, the Energy Reorganization Act of 1974, the
14Low-Level Radioactive Waste Policy Amendments Act of 1985, and
15the Energy Policy Act of 1992; (4) any regulations promulgated
16or enforced by the U.S. Nuclear Regulatory Commission,
17including, but not limited to, those codified at Title X,
18Parts 20, 30, 40, 50, 70, and 72 of the Code of Federal
19Regulations, as from time to time amended; and (5) any other
20federal or State statute, rule, or regulation governing the
21permitting, licensing, operation, or decommissioning of such
22nuclear power reactors. None of the rules developed by the
23Illinois Emergency Management Agency and Office of Homeland
24Security or any other State agency, board, or commission
25pursuant to this Act shall be construed to supersede the
26authority of the U.S. Nuclear Regulatory Commission. The

HB2473 Enrolled- 30 -LRB103 28983 AMQ 55369 b
1changes made by this amendatory Act of the 103rd General
2Assembly shall not apply to the uprate, renewal, or subsequent
3renewal of any license for an existing nuclear power reactor
4that began operation prior to the effective date of this
5amendatory Act of the 103rd General Assembly.
6 None of the changes made in this amendatory Act of the
7103rd General Assembly are intended to authorize the
8construction of nuclear power plants powered by nuclear power
9reactors that are not either: (1) small modular nuclear
10reactors; or (2) nuclear power reactors licensed by the U.S.
11Nuclear Regulatory Commission to operate in this State prior
12to the effective date of this amendatory Act of the 103rd
13General Assembly.
14 As used in this Section, "high level nuclear waste" means
15those aqueous wastes resulting from the operation of the first
16cycle of the solvent extraction system or equivalent and the
17concentrated wastes of the subsequent extraction cycles or
18equivalent in a facility for reprocessing irradiated reactor
19fuel and shall include spent fuel assemblies prior to fuel
20reprocessing.
21 (d) In making its determination under subsection (b) of
22this Section, the Commission shall attach primary weight to
23the cost or cost savings to the customers of the utility. The
24Commission may consider any or all factors which will or may
25affect such cost or cost savings, including the public
26utility's engineering judgment regarding the materials used

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1for construction.
2 (e) The Commission may issue a temporary certificate which
3shall remain in force not to exceed one year in cases of
4emergency, to assure maintenance of adequate service or to
5serve particular customers, without notice or hearing, pending
6the determination of an application for a certificate, and may
7by regulation exempt from the requirements of this Section
8temporary acts or operations for which the issuance of a
9certificate will not be required in the public interest.
10 A public utility shall not be required to obtain but may
11apply for and obtain a certificate of public convenience and
12necessity pursuant to this Section with respect to any matter
13as to which it has received the authorization or order of the
14Commission under the Electric Supplier Act, and any such
15authorization or order granted a public utility by the
16Commission under that Act shall as between public utilities be
17deemed to be, and shall have except as provided in that Act the
18same force and effect as, a certificate of public convenience
19and necessity issued pursuant to this Section.
20 No electric cooperative shall be made or shall become a
21party to or shall be entitled to be heard or to otherwise
22appear or participate in any proceeding initiated under this
23Section for authorization of power plant construction and as
24to matters as to which a remedy is available under the Electric
25Supplier Act.
26 (f) Such certificates may be altered or modified by the

HB2473 Enrolled- 32 -LRB103 28983 AMQ 55369 b
1Commission, upon its own motion or upon application by the
2person or corporation affected. Unless exercised within a
3period of 2 years from the grant thereof, authority conferred
4by a certificate of convenience and necessity issued by the
5Commission shall be null and void.
6 No certificate of public convenience and necessity shall
7be construed as granting a monopoly or an exclusive privilege,
8immunity or franchise.
9 (g) A public utility that undertakes any of the actions
10described in items (1) through (3) of this subsection (g) or
11that has obtained approval pursuant to Section 8-406.1 of this
12Act shall not be required to comply with the requirements of
13this Section to the extent such requirements otherwise would
14apply. For purposes of this Section and Section 8-406.1 of
15this Act, "high voltage electric service line" means an
16electric line having a design voltage of 100,000 or more. For
17purposes of this subsection (g), a public utility may do any of
18the following:
19 (1) replace or upgrade any existing high voltage
20 electric service line and related facilities,
21 notwithstanding its length;
22 (2) relocate any existing high voltage electric
23 service line and related facilities, notwithstanding its
24 length, to accommodate construction or expansion of a
25 roadway or other transportation infrastructure; or
26 (3) construct a high voltage electric service line and

HB2473 Enrolled- 33 -LRB103 28983 AMQ 55369 b
1 related facilities that is constructed solely to serve a
2 single customer's premises or to provide a generator
3 interconnection to the public utility's transmission
4 system and that will pass under or over the premises owned
5 by the customer or generator to be served or under or over
6 premises for which the customer or generator has secured
7 the necessary right of way.
8 (h) A public utility seeking to construct a high-voltage
9electric service line and related facilities (Project) must
10show that the utility has held a minimum of 2 pre-filing public
11meetings to receive public comment concerning the Project in
12each county where the Project is to be located, no earlier than
136 months prior to filing an application for a certificate of
14public convenience and necessity from the Commission. Notice
15of the public meeting shall be published in a newspaper of
16general circulation within the affected county once a week for
173 consecutive weeks, beginning no earlier than one month prior
18to the first public meeting. If the Project traverses 2
19contiguous counties and where in one county the transmission
20line mileage and number of landowners over whose property the
21proposed route traverses is one-fifth or less of the
22transmission line mileage and number of such landowners of the
23other county, then the utility may combine the 2 pre-filing
24meetings in the county with the greater transmission line
25mileage and affected landowners. All other requirements
26regarding pre-filing meetings shall apply in both counties.

HB2473 Enrolled- 34 -LRB103 28983 AMQ 55369 b
1Notice of the public meeting, including a description of the
2Project, must be provided in writing to the clerk of each
3county where the Project is to be located. A representative of
4the Commission shall be invited to each pre-filing public
5meeting.
6 (i) For applications filed after August 18, 2015 (the
7effective date of Public Act 99-399), the Commission shall, by
8certified mail, notify each owner of record of land, as
9identified in the records of the relevant county tax assessor,
10included in the right-of-way over which the utility seeks in
11its application to construct a high-voltage electric line of
12the time and place scheduled for the initial hearing on the
13public utility's application. The utility shall reimburse the
14Commission for the cost of the postage and supplies incurred
15for mailing the notice.
16(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
17102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
18 Section 20. The Environmental Protection Act is amended by
19changing Sections 25a-1 and 25b as follows:
20 (415 ILCS 5/25a-1) (from Ch. 111 1/2, par. 1025a-1)
21 Sec. 25a-1. At least 60 days before beginning the
22decommissioning of any nuclear power plant located in this
23State, the owner or operator of the plant shall file, for
24information purposes only, a copy of the decommissioning plan

HB2473 Enrolled- 35 -LRB103 28983 AMQ 55369 b
1for the plant with the Agency and a copy with the Illinois
2Emergency Management Agency and Office of Homeland Security,
3or its successor agency.
4(Source: P.A. 95-777, eff. 8-4-08.)
5 (415 ILCS 5/25b) (from Ch. 111 1/2, par. 1025b)
6 Sec. 25b. Any person, corporation or public authority
7intending to construct a nuclear steam-generating facility or
8a nuclear fuel reprocessing plant shall file with the Illinois
9Emergency Management Agency and Office of Homeland Security,
10or its successor agency, an environmental feasibility report
11which incorporates the data provided in the preliminary safety
12analysis required to be filed with the United States Nuclear
13Regulatory Commission. The Board may by rule prescribe the
14form of such report. In consultation with the Illinois
15Emergency Management Agency and Office of Homeland Security
16and the Illinois Environmental Protection Agency, the The
17Board shall have the power to adopt standards to protect the
18health, safety and welfare of the citizens of Illinois from
19the hazards of radiation to the extent that such powers are not
20preempted under the federal constitution.
21(Source: P.A. 95-777, eff. 8-4-08.)
22 Section 25. The Illinois Nuclear Safety Preparedness Act
23is amended by adding Section 2.5 and by changing Section 3 as
24follows:

HB2473 Enrolled- 36 -LRB103 28983 AMQ 55369 b
1 (420 ILCS 5/2.5 new)
2 Sec. 2.5. Applicability. This Act does not apply to small
3modular reactors.
4 (420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
5 Sec. 3. Definitions. Unless the context otherwise clearly
6requires, as used in this Act:
7 (1) "Agency" or "IEMA-OHS" means the Illinois Emergency
8Management Agency and Office of Homeland Security, or its
9successor agency of the State of Illinois.
10 (2) "Director" means the Director of the Illinois
11Emergency Management Agency.
12 (3) "Person" means any individual, corporation,
13partnership, firm, association, trust, estate, public or
14private institution, group, agency, political subdivision of
15this State, any other state or political subdivision or agency
16thereof, and any legal successor, representative, agent, or
17agency of the foregoing.
18 (4) "NRC" means the United States Nuclear Regulatory
19Commission or any agency which succeeds to its functions in
20the licensing of nuclear power reactors or facilities for
21storing spent nuclear fuel.
22 (5) "High-level radioactive waste" means (1) the highly
23radioactive material resulting from the reprocessing of spent
24nuclear fuel including liquid waste produced directly in

HB2473 Enrolled- 37 -LRB103 28983 AMQ 55369 b
1reprocessing and any solid material derived from such liquid
2waste that contains fission products in sufficient
3concentrations; and (2) the highly radioactive material that
4the NRC has determined to be high-level radioactive waste
5requiring permanent isolation.
6 (6) "Nuclear facilities" means nuclear power plants,
7facilities housing nuclear test and research reactors,
8facilities for the chemical conversion of uranium, and
9facilities for the storage of spent nuclear fuel or high-level
10radioactive waste.
11 (7) "Spent nuclear fuel" means fuel that has been
12withdrawn from a nuclear reactor following irradiation, the
13constituent elements of which have not been separated by
14reprocessing.
15 (8) "Transuranic waste" means material contaminated with
16elements that have an atomic number greater than 92, including
17neptunium, plutonium, americium, and curium, excluding
18radioactive wastes shipped to a licensed low-level radioactive
19waste disposal facility.
20 (9) "Highway route controlled quantity of radioactive
21materials" means that quantity of radioactive materials
22defined as a highway route controlled quantity under rules of
23the United States Department of Transportation, or any
24successor agency.
25 (10) "Nuclear power plant" or "nuclear steam-generating
26facility" means a thermal power plant in which the energy

HB2473 Enrolled- 38 -LRB103 28983 AMQ 55369 b
1(heat) released by the fissioning of nuclear fuel is used to
2boil water to produce steam.
3 (11) "Nuclear power reactor" means an apparatus, other
4than an atomic weapon, designed or used to sustain nuclear
5fission in a self-supporting chain reaction.
6 (12) "Small modular reactor" or "SMR" means an advanced
7nuclear reactor: (1) with a rated nameplate capacity of 300
8electrical megawatts or less; and (2) that may be constructed
9and operated in combination with similar reactors at a single
10site.
11(Source: P.A. 93-1029, eff. 8-25-04.)
12 Section 30. The Illinois Nuclear Facility Safety Act is
13amended by changing Section 2 and adding Sections 2.5 and 3.5
14as follows:
15 (420 ILCS 10/2) (from Ch. 111 1/2, par. 4352)
16 Sec. 2. Policy statement. It is declared to be the policy
17of the State of Illinois to prevent accidents at nuclear
18facilities in Illinois for the economic well-being of the
19People of the State of Illinois and for the health and safety
20of workers at nuclear facilities and private citizens who
21could be injured as a result of releases of radioactive
22materials from nuclear facilities. It is the intent of the
23General Assembly that this Act should be construed
24consistently with federal law to maximize the role of the

HB2473 Enrolled- 39 -LRB103 28983 AMQ 55369 b
1State in contributing to safety at nuclear facilities in
2Illinois. It is the intent of the General Assembly that the
3Illinois Emergency Management Agency should not take any
4actions which are preempted by federal law or engage in dual
5regulation of nuclear facilities, unless dual regulation is
6allowed by federal law and policies of the Nuclear Regulatory
7Commission. In implementing its responsibilities under this
8Act, the Agency shall not take any action which interferes
9with the safe operation of a nuclear facility.
10(Source: P.A. 95-777, eff. 8-4-08.)
11 (420 ILCS 10/2.5 new)
12 Sec. 2.5. Applicability. This Act does not apply to small
13modular reactors.
14 (420 ILCS 10/3.5 new)
15 Sec. 3.5. Definitions. In this Act:
16 "IEMA-OHS" means the Illinois Emergency Management Agency
17and Office of Homeland Security, or its successor agency.
18 "Director" means the Director of IEMA-OHS.
19 "Nuclear facilities" means nuclear power plants,
20facilities housing nuclear test and research reactors,
21facilities for the chemical conversion of uranium, and
22facilities for the storage of spent nuclear fuel or high-level
23radioactive waste.
24 "Nuclear power plant" or "nuclear steam-generating

HB2473 Enrolled- 40 -LRB103 28983 AMQ 55369 b
1facility" means a thermal power plant in which the energy
2(heat) released by the fissioning of nuclear fuel is used to
3boil water to produce steam.
4 "Nuclear power reactor" means an apparatus, other than an
5atomic weapon, designed or used to sustain nuclear fission in
6a self-supporting chain reaction.
7 "Small modular reactor" or "SMR" means an advanced nuclear
8reactor: (1) with a rated nameplate capacity of 300 electrical
9megawatts or less; and (2) that may be constructed and
10operated in combination with similar reactors at a single
11site.
12 Section 35. The Illinois Low-Level Radioactive Waste
13Management Act is amended by changing Sections 2, 3, and 13 as
14follows:
15 (420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2)
16 Sec. 2. (a) The General Assembly finds:
17 (1) that low-level radioactive wastes are produced in
18 this State with even greater volumes to be produced in the
19 future;
20 (2) that such radioactive wastes pose a significant
21 risk to the public health, safety and welfare of the
22 people of Illinois; and
23 (3) that it is the obligation of the State of Illinois
24 to its citizens to provide for the safe management of the

HB2473 Enrolled- 41 -LRB103 28983 AMQ 55369 b
1 low-level radioactive wastes produced within its borders.
2 (b) The Illinois Emergency Management Agency has attained
3federal agreement state status and thereby has assumed
4regulatory authority over low-level radioactive waste from the
5United States Nuclear Regulatory Commission under Section 274b
6of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is the
7purpose of this Act to establish a comprehensive program for
8the storage, treatment, and disposal of low-level radioactive
9wastes in Illinois. It is the intent of the General Assembly
10that the program provide for the management of these wastes in
11the safest manner possible and in a manner that creates the
12least risk to human health and the environment of Illinois and
13that the program encourage to the fullest extent possible the
14use of environmentally sound waste management practices
15alternative to land disposal including waste recycling,
16compaction, incineration and other methods to reduce the
17amount of wastes produced, and to ensure public participation
18in all phases of the development of this radioactive waste
19management program.
20(Source: P.A. 95-777, eff. 8-4-08.)
21 (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
22 Sec. 3. Definitions.
23 "Agency" or "IEMA-OHS" means the Illinois Emergency
24Management Agency and Office of Homeland Security, or its
25successor agency.

HB2473 Enrolled- 42 -LRB103 28983 AMQ 55369 b
1 "Broker" means any person who takes possession of
2low-level waste for purposes of consolidation and shipment.
3 "Compact" means the Central Midwest Interstate Low-Level
4Radioactive Waste Compact.
5 "Decommissioning" means the measures taken at the end of a
6facility's operating life to assure the continued protection
7of the public from any residual radioactivity or other
8potential hazards present at a facility.
9 "Director" means the Director of the Illinois Emergency
10Management Agency.
11 "Disposal" means the isolation of waste from the biosphere
12in a permanent facility designed for that purpose.
13 "Facility" means a parcel of land or site, together with
14structures, equipment and improvements on or appurtenant to
15the land or site, which is used or is being developed for the
16treatment, storage or disposal of low-level radioactive waste.
17"Facility" does not include lands, sites, structures or
18equipment used by a generator in the generation of low-level
19radioactive wastes.
20 "Generator" means any person who produces or possesses
21low-level radioactive waste in the course of or incident to
22manufacturing, power generation, processing, medical diagnosis
23and treatment, research, education or other activity.
24 "Hazardous waste" means a waste, or combination of wastes,
25which because of its quantity, concentration, or physical,
26chemical, or infectious characteristics may cause or

HB2473 Enrolled- 43 -LRB103 28983 AMQ 55369 b
1significantly contribute to an increase in mortality or an
2increase in serious, irreversible, or incapacitating
3reversible, illness; or pose a substantial present or
4potential hazard to human health or the environment when
5improperly treated, stored, transported, or disposed of, or
6otherwise managed, and which has been identified, by
7characteristics or listing, as hazardous under Section 3001 of
8the Resource Conservation and Recovery Act of 1976, P.L.
994-580 or under regulations of the Pollution Control Board.
10 "High-level radioactive waste" means:
11 (1) the highly radioactive material resulting from the
12 reprocessing of spent nuclear fuel including liquid waste
13 produced directly in reprocessing and any solid material
14 derived from the liquid waste that contains fission
15 products in sufficient concentrations; and
16 (2) the highly radioactive material that the Nuclear
17 Regulatory Commission has determined, on the effective
18 date of this Amendatory Act of 1988, to be high-level
19 radioactive waste requiring permanent isolation.
20 "Low-level radioactive waste" or "waste" means radioactive
21waste not classified as (1) high-level radioactive waste, (2)
22transuranic waste, (3) spent nuclear fuel, or (4) byproduct
23material as defined in Sections 11e(2), 11e(3), and 11e(4) of
24the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
25definition shall apply notwithstanding any declaration by the
26federal government, a state, or any regulatory agency that any

HB2473 Enrolled- 44 -LRB103 28983 AMQ 55369 b
1radioactive material is exempt from any regulatory control.
2 "Mixed waste" means waste that is both "hazardous waste"
3and "low-level radioactive waste" as defined in this Act.
4 "Nuclear facilities" means nuclear power plants,
5facilities housing nuclear test and research reactors,
6facilities for the chemical conversion of uranium, and
7facilities for the storage of spent nuclear fuel or high-level
8radioactive waste.
9 "Nuclear power plant" or "nuclear steam-generating
10facility" means a thermal power plant in which the energy
11(heat) released by the fissioning of nuclear fuel is used to
12boil water to produce steam.
13 "Nuclear power reactor" means an apparatus, other than an
14atomic weapon, designed or used to sustain nuclear fission in
15a self-supporting chain reaction.
16 "Person" means an individual, corporation, business
17enterprise or other legal entity either public or private and
18any legal successor, representative, agent or agency of that
19individual, corporation, business enterprise, or legal entity.
20 "Post-closure care" means the continued monitoring of the
21regional disposal facility after closure for the purposes of
22detecting a need for maintenance, ensuring environmental
23safety, and determining compliance with applicable licensure
24and regulatory requirements, and includes undertaking any
25remedial actions necessary to protect public health and the
26environment from radioactive releases from the facility.

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1 "Regional disposal facility" or "disposal facility" means
2the facility established by the State of Illinois under this
3Act for disposal away from the point of generation of waste
4generated in the region of the Compact.
5 "Release" means any spilling, leaking, pumping, pouring,
6emitting, emptying, discharging, injecting, escaping,
7leaching, dumping or disposing into the environment of
8low-level radioactive waste.
9 "Remedial action" means those actions taken in the event
10of a release or threatened release of low-level radioactive
11waste into the environment, to prevent or minimize the release
12of the waste so that it does not migrate to cause substantial
13danger to present or future public health or welfare or the
14environment. The term includes, but is not limited to, actions
15at the location of the release such as storage, confinement,
16perimeter protection using dikes, trenches or ditches, clay
17cover, neutralization, cleanup of released low-level
18radioactive wastes, recycling or reuse, dredging or
19excavations, repair or replacement of leaking containers,
20collection of leachate and runoff, onsite treatment or
21incineration, provision of alternative water supplies and any
22monitoring reasonably required to assure that these actions
23protect human health and the environment.
24 "Scientific Surveys" means, collectively, the Illinois
25State Geological Survey and the Illinois State Water Survey of
26the University of Illinois.

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1 "Shallow land burial" means a land disposal facility in
2which radioactive waste is disposed of in or within the upper
330 meters of the earth's surface. However, this definition
4shall not include an enclosed, engineered, structurally
5re-enforced and solidified bunker that extends below the
6earth's surface.
7 "Small modular reactor" or "SMR" means an advanced nuclear
8reactor: (1) with a rated nameplate capacity of 300 electrical
9megawatts or less; and (2) that may be constructed and
10operated in combination with similar reactors at a single
11site.
12 "Storage" means the temporary holding of waste for
13treatment or disposal for a period determined by Agency
14regulations.
15 "Treatment" means any method, technique or process,
16including storage for radioactive decay, designed to change
17the physical, chemical or biological characteristics or
18composition of any waste in order to render the waste safer for
19transport, storage or disposal, amenable to recovery,
20convertible to another usable material or reduced in volume.
21 "Waste management" means the storage, transportation,
22treatment or disposal of waste.
23(Source: P.A. 103-306, eff. 7-28-23.)
24 (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
25 Sec. 13. Waste fees.

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1 (a) The Agency shall collect a fee from each generator of
2low-level radioactive wastes in this State, except as
3otherwise provided in this subsection. Except as provided in
4subdivision (b)(2) and subsections (b), (c), and (d), the
5amount of the fee shall be $50.00 or the following amount,
6whichever is greater:
7 (1) $1 per cubic foot of waste shipped for storage,
8 treatment or disposal if storage of the waste for shipment
9 occurred prior to September 7, 1984;
10 (2) $2 per cubic foot of waste stored for shipment if
11 storage of the waste occurs on or after September 7, 1984,
12 but prior to October 1, 1985;
13 (3) $3 per cubic foot of waste stored for shipment if
14 storage of the waste occurs on or after October 1, 1985;
15 (4) $2 per cubic foot of waste shipped for storage,
16 treatment or disposal if storage of the waste for shipment
17 occurs on or after September 7, 1984 but prior to October
18 1, 1985, provided that no fee has been collected
19 previously for storage of the waste;
20 (5) $3 per cubic foot of waste shipped for storage,
21 treatment or disposal if storage of the waste for shipment
22 occurs on or after October 1, 1985, provided that no fees
23 have been collected previously for storage of the waste.
24 Such fees shall be collected annually or as determined by
25the Agency and shall be deposited in the low-level radioactive
26waste funds as provided in Section 14 of this Act.

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1Notwithstanding any other provision of this Act, no fee under
2this Section shall be collected from a generator for waste
3generated incident to manufacturing before December 31, 1980,
4and shipped for disposal outside of this State before December
531, 1992, as part of a site reclamation leading to license
6termination.
7 Units of local government are exempt from the fee
8provisions of this subsection.
9 (b)(1) Small modular reactors shall pay low-level
10radioactive waste fees in accordance with subsection (a).
11 (2) Each nuclear power reactor in this State for which an
12operating license has been issued by the Nuclear Regulatory
13Commission shall not be subject to the fee required by
14subsection (a) with respect to (1) waste stored for shipment
15if storage of the waste occurs on or after January 1, 1986; and
16(2) waste shipped for storage, treatment or disposal if
17storage of the waste for shipment occurs on or after January 1,
181986. In lieu of the fee, each reactor shall be required to pay
19an annual fee as provided in this subsection for the
20treatment, storage and disposal of low-level radioactive
21waste. Beginning with State fiscal year 1986 and through State
22fiscal year 1997, fees shall be due and payable on January 1st
23of each year. For State fiscal year 1998 and all subsequent
24State fiscal years, fees shall be due and payable on July 1 of
25each fiscal year. The fee due on July 1, 1997 shall be payable
26on that date, or within 10 days after the effective date of

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1this amendatory Act of 1997, whichever is later.
2 The owner of any nuclear power reactor that has an
3operating license issued by the Nuclear Regulatory Commission
4for any portion of State fiscal year 1998 shall continue to pay
5an annual fee of $90,000 for the treatment, storage, and
6disposal of low-level radioactive waste through State fiscal
7year 2002. The fee shall be due and payable on July 1 of each
8fiscal year. The fee due on July 1, 1998 shall be payable on
9that date, or within 10 days after the effective date of this
10amendatory Act of 1998, whichever is later. If the balance in
11the Low-Level Radioactive Waste Facility Development and
12Operation Fund falls below $500,000, as of the end of any
13fiscal year after fiscal year 2002, the Agency is authorized
14to assess by rule, after notice and a hearing, an additional
15annual fee to be paid by the owners of nuclear power reactors
16for which operating licenses have been issued by the Nuclear
17Regulatory Commission, except that no additional annual fee
18shall be assessed because of the fund balance at the end of
19fiscal year 2005 or the end of fiscal year 2006. The additional
20annual fee shall be payable on the date or dates specified by
21rule and shall not exceed $30,000 per operating reactor per
22year.
23 (c) In each of State fiscal years 1988, 1989 and 1990, in
24addition to the fee imposed in subsections (b) and (d), the
25owner of each nuclear power reactor in this State for which an
26operating license has been issued by the Nuclear Regulatory

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1Commission shall pay a fee of $408,000. If an operating
2license is issued during one of those 3 fiscal years, the owner
3shall pay a prorated amount of the fee equal to $1,117.80
4multiplied by the number of days in the fiscal year during
5which the nuclear power reactor was licensed.
6 The fee shall be due and payable as follows: in fiscal year
71988, $204,000 shall be paid on October 1, 1987 and $102,000
8shall be paid on each of January 1, 1988 and April 1, 1988; in
9fiscal year 1989, $102,000 shall be paid on each of July 1,
101988, October 1, 1988, January 1, 1989 and April 1, 1989; and
11in fiscal year 1990, $102,000 shall be paid on each of July 1,
121989, October 1, 1989, January 1, 1990 and April 1, 1990. If
13the operating license is issued during one of the 3 fiscal
14years, the owner shall be subject to those payment dates, and
15their corresponding amounts, on which the owner possesses an
16operating license and, on June 30 of the fiscal year of
17issuance of the license, whatever amount of the prorated fee
18remains outstanding.
19 All of the amounts collected by the Agency under this
20subsection (c) shall be deposited into the Low-Level
21Radioactive Waste Facility Development and Operation Fund
22created under subsection (a) of Section 14 of this Act and
23expended, subject to appropriation, for the purposes provided
24in that subsection.
25 (d) In addition to the fees imposed in subsections (b) and
26(c), the owners of nuclear power reactors in this State for

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1which operating licenses have been issued by the Nuclear
2Regulatory Commission shall pay the following fees for each
3such nuclear power reactor: for State fiscal year 1989,
4$325,000 payable on October 1, 1988, $162,500 payable on
5January 1, 1989, and $162,500 payable on April 1, 1989; for
6State fiscal year 1990, $162,500 payable on July 1, $300,000
7payable on October 1, $300,000 payable on January 1 and
8$300,000 payable on April 1; for State fiscal year 1991,
9either (1) $150,000 payable on July 1, $650,000 payable on
10September 1, $675,000 payable on January 1, and $275,000
11payable on April 1, or (2) $150,000 on July 1, $130,000 on the
12first day of each month from August through December, $225,000
13on the first day of each month from January through March and
14$92,000 on the first day of each month from April through June;
15for State fiscal year 1992, $260,000 payable on July 1,
16$900,000 payable on September 1, $300,000 payable on October
171, $150,000 payable on January 1, and $100,000 payable on
18April 1; for State fiscal year 1993, $100,000 payable on July
191, $230,000 payable on August 1 or within 10 days after July
2031, 1992, whichever is later, and $355,000 payable on October
211; for State fiscal year 1994, $100,000 payable on July 1,
22$75,000 payable on October 1 and $75,000 payable on April 1;
23for State fiscal year 1995, $100,000 payable on July 1,
24$75,000 payable on October 1, and $75,000 payable on April 1,
25for State fiscal year 1996, $100,000 payable on July 1,
26$75,000 payable on October 1, and $75,000 payable on April 1.

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1The owner of any nuclear power reactor that has an operating
2license issued by the Nuclear Regulatory Commission for any
3portion of State fiscal year 1998 shall pay an annual fee of
4$30,000 through State fiscal year 2003. For State fiscal year
52004 and subsequent fiscal years, the owner of any nuclear
6power reactor that has an operating license issued by the
7Nuclear Regulatory Commission shall pay an annual fee of
8$30,000 per reactor, provided that the fee shall not apply to a
9nuclear power reactor with regard to which the owner notified
10the Nuclear Regulatory Commission during State fiscal year
111998 that the nuclear power reactor permanently ceased
12operations. The fee shall be due and payable on July 1 of each
13fiscal year. The fee due on July 1, 1998 shall be payable on
14that date, or within 10 days after the effective date of this
15amendatory Act of 1998, whichever is later. The fee due on July
161, 1997 shall be payable on that date or within 10 days after
17the effective date of this amendatory Act of 1997, whichever
18is later. If the payments under this subsection for fiscal
19year 1993 due on January 1, 1993, or on April 1, 1993, or both,
20were due before the effective date of this amendatory Act of
21the 87th General Assembly, then those payments are waived and
22need not be made.
23 All of the amounts collected by the Agency under this
24subsection (d) shall be deposited into the Low-Level
25Radioactive Waste Facility Development and Operation Fund
26created pursuant to subsection (a) of Section 14 of this Act

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1and expended, subject to appropriation, for the purposes
2provided in that subsection.
3 All payments made by licensees under this subsection (d)
4for fiscal year 1992 that are not appropriated and obligated
5by the Agency above $1,750,000 per reactor in fiscal year
61992, shall be credited to the licensees making the payments
7to reduce the per reactor fees required under this subsection
8(d) for fiscal year 1993.
9 (e) The Agency shall promulgate rules and regulations
10establishing standards for the collection of the fees
11authorized by this Section. The regulations shall include, but
12need not be limited to:
13 (1) the records necessary to identify the amounts of
14 low-level radioactive wastes produced;
15 (2) the form and submission of reports to accompany
16 the payment of fees to the Agency; and
17 (3) the time and manner of payment of fees to the
18 Agency, which payments shall not be more frequent than
19 quarterly.
20 (f) Any operating agreement entered into under subsection
21(b) of Section 5 of this Act between the Agency and any
22disposal facility contractor shall, subject to the provisions
23of this Act, authorize the contractor to impose upon and
24collect from persons using the disposal facility fees designed
25and set at levels reasonably calculated to produce sufficient
26revenues (1) to pay all costs and expenses properly incurred

HB2473 Enrolled- 54 -LRB103 28983 AMQ 55369 b
1or accrued in connection with, and properly allocated to,
2performance of the contractor's obligations under the
3operating agreement, and (2) to provide reasonable and
4appropriate compensation or profit to the contractor under the
5operating agreement. For purposes of this subsection (f), the
6term "costs and expenses" may include, without limitation, (i)
7direct and indirect costs and expenses for labor, services,
8equipment, materials, insurance and other risk management
9costs, interest and other financing charges, and taxes or fees
10in lieu of taxes; (ii) payments to or required by the United
11States, the State of Illinois or any agency or department
12thereof, the Central Midwest Interstate Low-Level Radioactive
13Waste Compact, and subject to the provisions of this Act, any
14unit of local government; (iii) amortization of capitalized
15costs with respect to the disposal facility and its
16development, including any capitalized reserves; and (iv)
17payments with respect to reserves, accounts, escrows or trust
18funds required by law or otherwise provided for under the
19operating agreement.
20 (g) (Blank).
21 (h) (Blank).
22 (i) (Blank).
23 (j) (Blank).
24 (j-5) Prior to commencement of facility operations, the
25Agency shall adopt rules providing for the establishment and
26collection of fees and charges with respect to the use of the

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1disposal facility as provided in subsection (f) of this
2Section.
3 (k) The regional disposal facility shall be subject to ad
4valorem real estate taxes lawfully imposed by units of local
5government and school districts with jurisdiction over the
6facility. No other local government tax, surtax, fee or other
7charge on activities at the regional disposal facility shall
8be allowed except as authorized by the Agency.
9 (l) The Agency shall have the power, in the event that
10acceptance of waste for disposal at the regional disposal
11facility is suspended, delayed or interrupted, to impose
12emergency fees on the generators of low-level radioactive
13waste. Generators shall pay emergency fees within 30 days of
14receipt of notice of the emergency fees. The Department shall
15deposit all of the receipts of any fees collected under this
16subsection into the Low-Level Radioactive Waste Facility
17Development and Operation Fund created under subsection (b) of
18Section 14. Emergency fees may be used to mitigate the impacts
19of the suspension or interruption of acceptance of waste for
20disposal. The requirements for rulemaking in the Illinois
21Administrative Procedure Act shall not apply to the imposition
22of emergency fees under this subsection.
23 (m) The Agency shall promulgate any other rules and
24regulations as may be necessary to implement this Section.
25(Source: P.A. 100-938, eff. 8-17-18.)

HB2473 Enrolled- 56 -LRB103 28983 AMQ 55369 b
1 Section 40. The Radioactive Waste Storage Act is amended
2by adding Section 0.05 and by changing Sections 1, 2, 3, 4, 5,
3and 6 as follows:
4 (420 ILCS 35/0.05 new)
5 Sec. 0.05. Definitions. In this Act:
6 "IEMA-OHS" means the Illinois Emergency Management Agency
7and Office of Homeland Security, or its successor agency.
8 "Director" means the Director of IEMA-OHS.
9 "Nuclear power plant" or "nuclear steam-generating
10facility" means a thermal power plant in which the energy
11(heat) released by the fissioning of nuclear fuel is used to
12boil water to produce steam.
13 "Nuclear facilities" means nuclear power plants,
14facilities housing nuclear test and research reactors,
15facilities for the chemical conversion of uranium, and
16facilities for the storage of spent nuclear fuel or high-level
17radioactive waste.
18 "Nuclear power reactor" means an apparatus, other than an
19atomic weapon, designed or used to sustain nuclear fission in
20a self-supporting chain reaction.
21 "Small modular reactor" or "SMR" means an advanced nuclear
22reactor: (1) with a rated nameplate capacity of 300 electrical
23megawatts or less; and (2) that may be constructed and
24operated in combination with similar reactors at a single
25site.

HB2473 Enrolled- 57 -LRB103 28983 AMQ 55369 b
1 (420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)
2 Sec. 1. The Director of the Illinois Emergency Management
3Agency is authorized to acquire by private purchase,
4acceptance, or by condemnation in the manner provided for the
5exercise of the power of eminent domain under the Eminent
6Domain Act, any and all lands, buildings and grounds where
7radioactive by-products and wastes produced by industrial,
8medical, agricultural, scientific or other organizations can
9be concentrated, stored or otherwise disposed in a manner
10consistent with the public health and safety. Whenever, in the
11judgment of the Director of the Illinois Emergency Management
12Agency, it is necessary to relocate existing facilities for
13the construction, operation, closure or long-term care of a
14facility for the safe and secure disposal of low-level
15radioactive waste, the cost of relocating such existing
16facilities may be deemed a part of the disposal facility land
17acquisition and the Illinois Emergency Management Agency may,
18on behalf of the State, pay such costs. Existing facilities
19include public utilities, commercial or industrial facilities,
20residential buildings, and such other public or privately
21owned buildings as the Director of the Illinois Emergency
22Management Agency deems necessary for relocation. The Illinois
23Emergency Management Agency is authorized to operate a
24relocation program, and to pay such costs of relocation as are
25provided in the federal "Uniform Relocation Assistance and

HB2473 Enrolled- 58 -LRB103 28983 AMQ 55369 b
1Real Property Acquisition Policies Act", Public Law 91-646.
2The Director of the Illinois Emergency Management Agency is
3authorized to exceed the maximum payments provided pursuant to
4the federal "Uniform Relocation Assistance and Real Property
5Acquisition Policies Act" if necessary to assure the provision
6of decent, safe, and sanitary housing, or to secure a suitable
7alternate location. Payments issued under this Section shall
8be made from the Low-level Radioactive Waste Facility
9Development and Operation Fund established by the Illinois
10Low-Level Radioactive Waste Management Act.
11(Source: P.A. 94-1055, eff. 1-1-07; 95-777, eff. 8-4-08.)
12 (420 ILCS 35/2) (from Ch. 111 1/2, par. 230.2)
13 Sec. 2. The Director of the Illinois Emergency Management
14Agency may accept, receive, and receipt for moneys or lands,
15buildings and grounds for and in behalf of the State, given by
16the Federal Government under any federal law to the State or by
17any other public or private agency, for the acquisition or
18operation of a site or sites for the concentration and storage
19of radioactive wastes. Such funds received by the Director
20pursuant to this section shall be deposited with the State
21Treasurer and held and disbursed by him in accordance with "An
22Act in relation to the receipt, custody, and disbursement of
23money allotted by the United States of America or any agency
24thereof for use in this State", approved July 3, 1939, as
25amended. Provided that such moneys or lands, buildings and

HB2473 Enrolled- 59 -LRB103 28983 AMQ 55369 b
1grounds shall be used only for the purposes for which they are
2contributed.
3(Source: P.A. 95-777, eff. 8-4-08.)
4 (420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3)
5 Sec. 3. The Director of the Illinois Emergency Management
6Agency may lease such lands, buildings and grounds as it may
7acquire under the provisions of this Act to a private firm or
8firms for the purpose of operating a site or sites for the
9concentration and storage of radioactive wastes or for such
10other purpose not contrary to the public interests.
11(Source: P.A. 95-777, eff. 8-4-08.)
12 (420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4)
13 Sec. 4. The operation of any and all sites acquired for the
14concentration and storage of radioactive wastes shall be under
15the direct supervision of the Illinois Emergency Management
16Agency and shall be in accordance with regulations promulgated
17and enforced by the Agency to protect the public health and
18safety.
19(Source: P.A. 95-777, eff. 8-4-08.)
20 (420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5)
21 Sec. 5. The Director of the Illinois Emergency Management
22Agency is authorized to enter into contracts as he may deem
23necessary for carrying out the provisions of this Act. Such

HB2473 Enrolled- 60 -LRB103 28983 AMQ 55369 b
1contracts may include the assessment of fees by the Agency.
2The fees required shall be established at a rate which
3provides an annual amount equal to the anticipated reasonable
4cost necessary to maintain, monitor, and otherwise supervise
5and care for lands and facilities as required in the interest
6of public health and safety.
7(Source: P.A. 95-777, eff. 8-4-08.)
8 (420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6)
9 Sec. 6. It is recognized by the General Assembly that any
10site used for the concentration and storage of radioactive
11waste material will represent a continuing and perpetual
12responsibility in the interests of the public health, safety
13and general welfare, and that the same must ultimately be
14reposed in a sovereign government without regard for the
15existence or nonexistence of any particular agency,
16instrumentality, department, division or officer thereof. In
17all instances lands, buildings and grounds which are to be
18designated as sites for the concentration and storage of
19radioactive waste materials shall be acquired in fee simple
20absolute and dedicated in perpetuity to such purpose. All
21rights, title and interest in, of and to any radioactive waste
22materials accepted by the Illinois Emergency Management Agency
23for permanent storage at such facilities, shall upon
24acceptance become the property of the State and shall be in all
25respects administered, controlled, and disposed of, including

HB2473 Enrolled- 61 -LRB103 28983 AMQ 55369 b
1transfer by sale, lease, loan or otherwise, by the Agency in
2the name of the State. All fees received pursuant to contracts
3entered into by the Illinois Emergency Management Agency shall
4be deposited in the State Treasury and shall be set apart in a
5special fund to be known as the "Radioactive Waste Site
6Perpetual Care Fund". Monies deposited in the fund shall be
7expended by the Illinois Emergency Management Agency to
8monitor and maintain the site as required to protect the
9public health and safety on a continuing and perpetual basis.
10All payments received by the Department of Nuclear Safety (now
11the Illinois Emergency Management Agency) pursuant to the
12settlement agreement entered May 25, 1988, in the matter of
13the People of the State of Illinois, et al. v. Teledyne, Inc.,
14et al. (No. 78 MR 25, Circuit Court, Bureau County, Illinois)
15shall be held by the State Treasurer separate and apart from
16all public moneys or funds of the State, and shall be used only
17as provided in such settlement agreement.
18(Source: P.A. 95-777, eff. 8-4-08.)
19 Section 45. The Radioactive Waste Tracking and Permitting
20Act is amended by changing Sections 5, 10, and 15 as follows:
21 (420 ILCS 37/5)
22 Sec. 5. Legislative findings.
23 (a) The General Assembly finds:
24 (1) that a considerable volume of wastes are produced

HB2473 Enrolled- 62 -LRB103 28983 AMQ 55369 b
1 in this State with even greater volumes to be produced in
2 the future;
3 (2) that these wastes pose a significant risk to the
4 public health, safety and welfare of the people of
5 Illinois; and
6 (3) that it is the obligation of the State of Illinois
7 to its citizens to provide for the safe management of the
8 wastes produced within its borders.
9 (b) It is the intent of this Act to authorize the Illinois
10Emergency Management Agency to establish, by regulation, a
11tracking system for the regulation of the use of facilities
12licensed under Section 8 of the Illinois Low-Level Radioactive
13Waste Management Act.
14(Source: P.A. 95-777, eff. 8-4-08.)
15 (420 ILCS 37/10)
16 Sec. 10. Definitions.
17 (a) "Agency" or "IEMA-OHS" means the Illinois Emergency
18Management Agency and Office of Homeland Security, or its
19successor agency.
20 (b) "Director" means the Director of the Illinois
21Emergency Management Agency.
22 (c) "Disposal" means the isolation of waste from the
23biosphere in a permanent facility designed for that purpose.
24 (d) "Facility" means a parcel of land or a site, together
25with structures, equipment, and improvements on or appurtenant

HB2473 Enrolled- 63 -LRB103 28983 AMQ 55369 b
1to the land or site, that is used or is being developed for the
2treatment, storage, or disposal of low-level radioactive
3waste.
4 (e) "Low-level radioactive waste" or "waste" means
5radioactive waste not classified as (1) high-level radioactive
6waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
7byproduct material as defined in Sections 11e(2), 11e(3), and
811e(4) of the Atomic Energy Act (42 U.S.C. 2014). This
9definition shall apply notwithstanding any declaration by the
10federal government, a state, or any regulatory agency that any
11radioactive material is exempt from any regulatory control.
12 (e-5) "Nuclear facilities" means nuclear power plants,
13facilities housing nuclear test and research reactors,
14facilities for the chemical conversion of uranium, and
15facilities for the storage of spent nuclear fuel or high-level
16radioactive waste.
17 (e-10) "Nuclear power plant" or "nuclear steam-generating
18facility" means a thermal power plant in which the energy
19(heat) released by the fissioning of nuclear fuel is used to
20boil water to produce steam.
21 (e-15) "Nuclear power reactor" means an apparatus, other
22than an atomic weapon, designed or used to sustain nuclear
23fission in a self-supporting chain reaction.
24 (e-20) "Small modular reactor" or "SMR" means an advanced
25nuclear reactor: (1) with a rated nameplate capacity of 300
26electrical megawatts or less; and (2) that may be constructed

HB2473 Enrolled- 64 -LRB103 28983 AMQ 55369 b
1and operated in combination with similar reactors at a single
2site.
3 (f) "Person" means an individual, corporation, business
4enterprise, or other legal entity, public or private, or any
5legal successor, representative, agent, or agency of that
6individual, corporation, business enterprise, or legal entity.
7 (g) "Regional facility" or "disposal facility" means a
8facility that is located in Illinois and established by
9Illinois, under designation of Illinois as a host state by the
10Commission for disposal of waste.
11 (h) "Storage" means the temporary holding of waste for
12treatment or disposal for a period determined by Agency
13regulations.
14 (i) "Treatment" means any method, technique, or process,
15including storage for radioactive decay, that is designed to
16change the physical, chemical, or biological characteristics
17or composition of any waste in order to render the waste safer
18for transport, storage, or disposal, amenable to recovery,
19convertible to another usable material, or reduced in volume.
20(Source: P.A. 103-306, eff. 7-28-23.)
21 (420 ILCS 37/15)
22 Sec. 15. Permit requirements for the storage, treatment,
23and disposal of waste at a disposal facility.
24 (a) Upon adoption of regulations under subsection (c) of
25this Section, no person shall deposit any low-level

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1radioactive waste at a storage, treatment, or disposal
2facility in Illinois licensed under Section 8 of the Illinois
3Low-Level Radioactive Waste Management Act without a permit
4granted by the Illinois Emergency Management Agency.
5 (b) Upon adoption of regulations under subsection (c) of
6this Section, no person shall operate a storage, treatment, or
7disposal facility licensed under Section 8 of the Illinois
8Low-Level Radioactive Waste Management Act without a permit
9granted by the Illinois Emergency Management Agency.
10 (c) The Illinois Emergency Management Agency shall adopt
11regulations providing for the issuance, suspension, and
12revocation of permits required under subsections (a) and (b)
13of this Section. The regulations may provide a system for
14tracking low-level radioactive waste to ensure that waste that
15other states are responsible for disposing of under federal
16law does not become the responsibility of the State of
17Illinois. The regulations shall be consistent with the Federal
18Hazardous Materials Transportation Act.
19 (d) The Agency may enter into a contract or contracts for
20operation of the system for tracking low-level radioactive
21waste as provided in subsection (c) of this Section.
22 (e) A person who violates this Section or any regulation
23promulgated under this Section shall be subject to a civil
24penalty, not to exceed $10,000, for each violation. Each day a
25violation continues shall constitute a separate offense. A
26person who fails to pay a civil penalty imposed by a regulation

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1adopted under this Section, or any portion of the penalty, is
2liable in a civil action in an amount not to exceed 4 times the
3amount imposed and not paid. At the request of the Agency, the
4Attorney General shall, on behalf of the State, bring an
5action for the recovery of any civil penalty provided for by
6this Section. Any civil penalties so recovered shall be
7deposited in the Low-Level Radioactive Waste Facility Closure,
8Post-Closure Care and Compensation Fund.
9(Source: P.A. 95-777, eff. 8-4-08.)
10 Section 50. The Radiation Protection Act of 1990 is
11amended by changing Sections 4, 11, 14, 24.7, 25.1, and 25.2 as
12follows:
13 (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
14 (Section scheduled to be repealed on January 1, 2027)
15 Sec. 4. Definitions. As used in this Act:
16 (a) "Accreditation" means the process by which the Agency
17grants permission to persons meeting the requirements of this
18Act and the Agency's rules and regulations to engage in the
19practice of administering radiation to human beings.
20 (a-2) "Agency" or "IEMA-OHS" means the Illinois Emergency
21Management Agency and Office of Homeland Security, or its
22successor agency.
23 (a-3) "Assistant Director" means the Assistant Director of
24the Agency.

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1 (a-5) "By-product material" means: (1) any radioactive
2material (except special nuclear material) yielded in or made
3radioactive by exposure to radiation incident to the process
4of producing or utilizing special nuclear material; (2) the
5tailings or wastes produced by the extraction or concentration
6of uranium or thorium from any ore processed primarily for its
7source material content, including discrete surface wastes
8resulting from underground solution extraction processes but
9not including underground ore bodies depleted by such solution
10extraction processes; (3) any discrete source of radium-226
11that is produced, extracted, or converted after extraction,
12before, on, or after August 8, 2005, for use for a commercial,
13medical, or research activity; (4) any material that has been
14made radioactive by use of a particle accelerator and is
15produced, extracted, or converted after extraction before, on,
16or after August 8, 2005, for use for a commercial, medical, or
17research activity; and (5) any discrete source of naturally
18occurring radioactive material, other than source material,
19that is extracted or converted after extraction for use in
20commercial, medical, or research activity before, on, or after
21August 8, 2005, and which the U.S. Nuclear Regulatory
22Commission, in consultation with the Administrator of the
23Environmental Protection Agency, the Secretary of Energy, the
24Secretary of Homeland Security, and the head of any other
25appropriate Federal agency, determines would pose a threat to
26the public health and safety or the common defense and

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1security similar to the threat posed by a discrete source or
2radium-226.
3 (b) (Blank).
4 (c) (Blank).
5 (d) "General license" means a license, pursuant to
6regulations promulgated by the Agency, effective without the
7filing of an application to transfer, acquire, own, possess or
8use quantities of, or devices or equipment utilizing,
9radioactive material, including but not limited to by-product,
10source or special nuclear materials.
11 (d-1) "Identical in substance" means the regulations
12promulgated by the Agency would require the same actions with
13respect to ionizing radiation, for the same group of affected
14persons, as would federal laws, regulations, or orders if any
15federal agency, including but not limited to the Nuclear
16Regulatory Commission, Food and Drug Administration, or
17Environmental Protection Agency, administered the subject
18program in Illinois.
19 (d-3) "Mammography" means radiography of the breast
20primarily for the purpose of enabling a physician to determine
21the presence, size, location and extent of cancerous or
22potentially cancerous tissue in the breast.
23 (d-5) "Nuclear facilities" means nuclear power plants,
24facilities housing nuclear test and research reactors,
25facilities for the chemical conversion of uranium, and
26facilities for the storage of spent nuclear fuel or high-level

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1radioactive waste.
2 (d-5.5) "Nuclear power plant" or "nuclear steam-generating
3facility" means a thermal power plant in which the energy
4(heat) released by the fissioning of nuclear fuel is used to
5boil water to produce steam.
6 (d-5.10) "Nuclear power reactor" means an apparatus, other
7than an atomic weapon, designed or used to sustain nuclear
8fission in a self-supporting chain reaction.
9 (d-7) "Operator" is an individual, group of individuals,
10partnership, firm, corporation, association, or other entity
11conducting the business or activities carried on within a
12radiation installation.
13 (e) "Person" means any individual, corporation,
14partnership, firm, association, trust, estate, public or
15private institution, group, agency, political subdivision of
16this State, any other State or political subdivision or agency
17thereof, and any legal successor, representative, agent, or
18agency of the foregoing, other than the United States Nuclear
19Regulatory Commission, or any successor thereto, and other
20than federal government agencies licensed by the United States
21Nuclear Regulatory Commission, or any successor thereto.
22"Person" also includes a federal entity (and its contractors)
23if the federal entity agrees to be regulated by the State or as
24otherwise allowed under federal law.
25 (f) "Radiation" or "ionizing radiation" means gamma rays
26and x-rays, alpha and beta particles, high speed electrons,

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1neutrons, protons, and other nuclear particles or
2electromagnetic radiations capable of producing ions directly
3or indirectly in their passage through matter; but does not
4include sound or radio waves or visible, infrared, or
5ultraviolet light.
6 (f-5) "Radiation emergency" means the uncontrolled release
7of radioactive material from a radiation installation which
8poses a potential threat to the public health, welfare, and
9safety.
10 (g) "Radiation installation" is any location or facility
11where radiation machines are used or where radioactive
12material is produced, transported, stored, disposed of, or
13used for any purpose.
14 (h) "Radiation machine" is any device that produces
15radiation when in use.
16 (i) "Radioactive material" means any solid, liquid, or
17gaseous substance which emits radiation spontaneously.
18 (j) "Radiation source" or "source of ionizing radiation"
19means a radiation machine or radioactive material as defined
20herein.
21 (j-5) "Small modular reactor" or "SMR" means an advanced
22nuclear reactor: (1) with a rated nameplate capacity of 300
23electrical megawatts or less; and (2) that may be constructed
24and operated in combination with similar reactors at a single
25site.
26 (k) "Source material" means (1) uranium, thorium, or any

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1other material which the Agency declares by order to be source
2material after the United States Nuclear Regulatory
3Commission, or any successor thereto, has determined the
4material to be such; or (2) ores containing one or more of the
5foregoing materials, in such concentration as the Agency
6declares by order to be source material after the United
7States Nuclear Regulatory Commission, or any successor
8thereto, has determined the material in such concentration to
9be source material.
10 (l) "Special nuclear material" means (1) plutonium,
11uranium 233, uranium enriched in the isotope 233 or in the
12isotope 235, and any other material which the Agency declares
13by order to be special nuclear material after the United
14States Nuclear Regulatory Commission, or any successor
15thereto, has determined the material to be such, but does not
16include source material; or (2) any material artificially
17enriched by any of the foregoing, but does not include source
18material.
19 (m) "Specific license" means a license, issued after
20application, to use, manufacture, produce, transfer, receive,
21acquire, own, or possess quantities of, or devices or
22equipment utilizing radioactive materials.
23(Source: P.A. 95-511, eff. 8-28-07; 95-777, eff. 8-4-08;
2496-1041, eff. 7-14-10.)
25 (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)

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1 (Section scheduled to be repealed on January 1, 2027)
2 Sec. 11. Federal-State Agreements.
3 (1) The Governor, on behalf of this State, is authorized
4to enter into agreements with the Federal Government providing
5for discontinuance of certain of the Federal Government's
6responsibilities with respect to sources of ionizing radiation
7and the assumption thereof by this State, including, but not
8limited to, agreements concerning by-product material as
9defined in Section 11(e)(2) of the Atomic Energy Act of 1954,
1042 U.S.C. 2014(e)(2).
11 (2) Any person who, on the effective date of an agreement
12under subsection (1) above, possesses a license issued by the
13Federal Government governing activities for which the Federal
14Government, pursuant to such agreement, is transferring its
15responsibilities to this State shall be deemed to possess the
16same pursuant to a license issued under this Act, which shall
17expire 90 days after receipt from the Department of Nuclear
18Safety (or its successor agency, the Illinois Emergency
19Management Agency) of a notice of expiration of such license,
20or on the date of expiration specified in the Federal license,
21whichever is earlier.
22 (3) At such time as Illinois enters into a Federal-State
23Agreement in accordance with the provisions of this Act, the
24Agency shall license and collect license fees from persons
25operating radiation installations, including installations
26involving the use or possession of by-product material as

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1defined in subsection (a-5)(2) of Section 4 and installations
2having such devices or equipment utilizing or producing
3radioactive materials but licensure shall not apply to any
4x-ray machine, including those located in an office of a
5licensed physician or dentist. The Agency may also collect
6license fees from persons authorized by the Agency to engage
7in decommissioning and decontamination activities at radiation
8installations including installations licensed to use or
9possess by-product material as defined in subsection (a-5)(2)
10of Section 4. The license fees collected from persons
11authorized to use or possess by-product material as defined in
12subsection (a-5)(2) of Section 4 or to engage in
13decommissioning and decontamination activities at radiation
14installations where such by-product material is used or
15possessed may include fees sufficient to cover the expenses
16incurred by the Department in conjunction with monitoring
17unlicensed properties contaminated with by-product material as
18defined in subsection (a-5)(2) of Section 4 and overseeing the
19decontamination of such unlicensed properties.
20 The Agency may impose fees for termination of licenses
21including, but not limited to, licenses for refining uranium
22mill concentrates to uranium hexafluoride; licenses for
23possession and use of source material at ore buying stations,
24at ion exchange facilities and at facilities where ore is
25processed to extract metals other than uranium or thorium; and
26licenses authorizing the use or possession of by-product

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1material as defined in subsection (a-5)(2) of Section 4. The
2Agency may also set license fees for licenses which authorize
3the distribution of devices, products, or sealed sources
4involved in the production, utilization, or containment of
5radiation. After a public hearing before the Agency, the fees
6and collection procedures shall be prescribed under rules and
7regulations for protection against radiation hazards
8promulgated under this Act.
9 (4) The Agency is authorized to enter into agreements
10related to the receipt and expenditure of federal grants and
11other funds to provide assistance to states and compact
12regions in fulfilling responsibilities under the federal
13Low-Level Radioactive Waste Policy Act, as amended.
14(Source: P.A. 94-104, eff. 7-1-05.)
15 (420 ILCS 40/14) (from Ch. 111 1/2, par. 210-14)
16 (Section scheduled to be repealed on January 1, 2027)
17 Sec. 14. Radiation Protection Advisory Council. There
18shall be created a Radiation Protection Advisory Council
19consisting of 7 members to be appointed by the Governor on the
20basis of demonstrated interest in and capacity to further the
21purposes of this Act and who shall broadly reflect the varied
22interests in and aspects of atomic energy and ionizing
23radiation within the State. The Director of the Department of
24Labor and the Chairman of the Commerce Commission or their
25representatives shall be ex-officio members of the Council.

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1 Each member of the Council shall be appointed for a 4 year
2term and shall continue to serve until a successor is
3appointed. Any member appointed to fill a vacancy occurring
4prior to the expiration of the term for which his or her
5predecessor was appointed shall continue to serve until a
6successor is appointed. The Chairman of the Council shall be
7selected by and from the Council membership. The Council
8members shall serve without compensation but shall be
9reimbursed for their actual expenses incurred in line of duty.
10The Council shall meet as often as the Chairman deems
11necessary, but upon request of 4 or more members it shall be
12the duty of the Chairman to call a meeting of the Council.
13 It shall be the duty of the Council to assist in the
14formulation of and to review the policies and program of the
15Agency as developed under authority of this Act and to make
16recommendations thereon and to provide the Agency with such
17technical advice and assistance as may be requested. The
18Council may employ such professional, technical, clerical and
19other assistants, without regard to the civil service laws or
20the "Personnel Code" of this State, as it deems necessary to
21carry out its duties.
22 Individuals who serve on advisory boards of the Department
23of Nuclear Safety or its successor agency, the Illinois
24Emergency Management Agency, shall be defended by the Attorney
25General and indemnified for all actions alleging a violation
26of any duty arising within the scope of their service on such

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1board. Nothing contained herein shall be deemed to afford
2defense or indemnification for any willful or wanton violation
3of law. Such defense and indemnification shall be afforded in
4accordance with the terms and provisions of the State Employee
5Indemnification Act.
6(Source: P.A. 94-104, eff. 7-1-05.)
7 (420 ILCS 40/24.7)
8 (Section scheduled to be repealed on January 1, 2027)
9 Sec. 24.7. Registration requirement; fees. Beginning
10January 1, 2000, the Department of Nuclear Safety or its
11successor agency, the Illinois Emergency Management Agency, is
12authorized to require every operator of a radiation
13installation to register the installation with the Department
14or the Agency before the installation is placed in operation.
15The Agency is authorized to exempt certain radiation sources
16from registration by rule when the Agency makes a
17determination that the exemption of such sources will not
18constitute a significant risk to health and safety of the
19public. Whenever there is a change in a radiation installation
20that affects the registration information provided to the
21Department or the Agency, including discontinuation of use or
22disposition of radiation sources, the operator of such
23installation shall, within 30 days, give written notice to the
24Department or the Agency detailing the change.
25 Beginning January 1, 2000, every radiation installation

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1operator using radiation machines shall register annually in a
2manner and form prescribed by the Department of Nuclear Safety
3or its successor agency, the Illinois Emergency Management
4Agency, and shall pay the Department or the Agency an annual
5registration fee for each radiation machine. The Agency shall
6by rule establish the annual registration fee to register and
7inspect radiation installations based on the type of facility
8and equipment possessed by the registrant. The Agency shall
9bill the operator for the registration fee as soon as
10practical after January 1. The registration fee shall be due
11and payable within 60 days of the date of billing. If after 60
12days the registration fee is not paid, the Agency may issue an
13order directing the operator of the installation to cease use
14of all radiation machines or take other appropriate
15enforcement action as provided in Section 36 of this Act. Fees
16collected under this Section are not refundable.
17 Registration of any radiation installation shall not imply
18approval of manufacture, storage, use, handling, operation, or
19disposal of radiation sources, but shall serve merely as
20notice to the Agency of the location and character of
21radiation sources in this State.
22(Source: P.A. 94-104, eff. 7-1-05.)
23 (420 ILCS 40/25.1)
24 (Section scheduled to be repealed on January 1, 2027)
25 Sec. 25.1. Each individual responsible for implementing a

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1comprehensive radiation protection program for all hospitals
2and other facilities using mammography, computed tomography
3(CT), or therapeutic radiation machines shall register with
4the Department of Nuclear Safety or its successor agency, the
5Illinois Emergency Management Agency. Application for
6registration shall be made on a form prescribed by the Agency
7and shall be accompanied by the required application fee. The
8Agency shall approve the application and register an
9individual if the individual satisfies criteria established by
10rule of the Agency. The Agency shall assess registered
11individuals an annual registration fee. The Agency shall
12establish by rule application and registration fees. The
13application and registration fees shall not be refundable.
14(Source: P.A. 96-1041, eff. 7-14-10.)
15 (420 ILCS 40/25.2)
16 (Section scheduled to be repealed on January 1, 2027)
17 Sec. 25.2. Installation and servicing of radiation
18machines.
19 (a) Beginning January 1, 2002, a service provider who
20installs or services radiation machines in the State of
21Illinois must register with the Department of Nuclear Safety
22or its successor agency, the Illinois Emergency Management
23Agency. An operator of a radiation installation that is
24registered under Section 24.7 is not required to register
25under this Section to service the radiation machines that it

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1owns or leases.
2 (b) A service provider who installs a radiation machine in
3the State of Illinois must report the installation to the
4Agency.
5 (c) A service provider who services a radiation machine in
6a radiation installation in the State of Illinois that is not
7registered under Section 24.7 must report the service to the
8Agency.
9 (d) The Agency is authorized to adopt rules to implement
10this Section, including rules assessing application and annual
11registration fees. Application and registration fees are not
12refundable.
13(Source: P.A. 94-104, eff. 7-1-05.)
14 Section 55. The Uranium and Thorium Mill Tailings Control
15Act is amended by changing Section 10 as follows:
16 (420 ILCS 42/10)
17 Sec. 10. Definitions. As used in this Act:
18 "Agency" or "IEMA-OHS" means the Illinois Emergency
19Management Agency and Office of Homeland Security, or its
20successor agency.
21 "By-product material" means the tailings or wastes
22produced by the extraction or concentration of uranium or
23thorium from any ore processed primarily for its source
24material content, including discrete surface wastes resulting

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1from underground solution extraction processes but not
2including underground ore bodies depleted by such solution
3extraction processes.
4 "Director" means the Director of the Illinois Emergency
5Management Agency.
6 "Nuclear facilities" means nuclear power plants,
7facilities housing nuclear test and research reactors,
8facilities for the chemical conversion of uranium, and
9facilities for the storage of spent nuclear fuel or high-level
10radioactive waste.
11 "Nuclear power plant" or "nuclear steam-generating
12facility" means a thermal power plant in which the energy
13(heat) released by the fissioning of nuclear fuel is used to
14boil water to produce steam.
15 "Nuclear power reactor" means an apparatus, other than an
16atomic weapon, designed or used to sustain nuclear fission in
17a self-supporting chain reaction.
18 "Person" means any individual, corporation, partnership,
19firm, association, trust, estate, public or private
20institution, group, agency, political subdivision of this
21State, any other State or political subdivision or agency
22thereof, and any legal successor, representative, agent, or
23agency of the foregoing, other than the United States Nuclear
24Regulatory Commission, or any successor thereto, and other
25than federal government agencies licensed by the United States
26Nuclear Regulatory Commission, or any successor thereto.

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1 "Radiation emergency" means the uncontrolled release of
2radioactive material from a radiation installation that poses
3a potential threat to the public health, welfare, and safety.
4 "Small modular reactor" or "SMR" means an advanced nuclear
5reactor: (1) with a rated nameplate capacity of 300 electrical
6megawatts or less; and (2) that may be constructed and
7operated in combination with similar reactors at a single
8site.
9 "Source material" means (i) uranium, thorium, or any other
10material that the Agency declares by order to be source
11material after the United States Nuclear Regulatory Commission
12or its successor has determined the material to be source
13material; or (ii) ores containing one or more of those
14materials in such concentration as the Agency declares by
15order to be source material after the United States Nuclear
16Regulatory Commission or its successor has determined the
17material in such concentration to be source material.
18 "Specific license" means a license, issued after
19application, to use, manufacture, produce, transfer, receive,
20acquire, own, or possess quantities of radioactive materials
21or devices or equipment utilizing radioactive materials.
22(Source: P.A. 95-777, eff. 8-4-08.)
23 Section 60. The Radon Industry Licensing Act is amended by
24changing Sections 10 and 15 as follows:

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1 (420 ILCS 44/10)
2 Sec. 10. Primary responsibility with Illinois Emergency
3Management Agency. The Illinois Emergency Management Agency
4shall have primary responsibility for coordination, oversight,
5and implementation of all State functions in matters
6concerning the presence, effects, measurement, and mitigation
7of risks of radon and radon progeny in dwellings and other
8buildings. The Department of Natural Resources, the
9Environmental Protection Agency, the Department of Public
10Health, and other State agencies shall consult and cooperate
11with the Agency as requested and as necessary to fulfill the
12purposes of this Act.
13(Source: P.A. 94-369, eff. 7-29-05.)
14 (420 ILCS 44/15)
15 Sec. 15. Definitions. As used in this Act, unless the
16context requires otherwise:
17 (a) "Agency" or "IEMA-OHS" means the Illinois Emergency
18Management Agency and Office of Homeland Security, or its
19successor agency.
20 (b) "Client" means any person who contracts for
21measurement or mitigation services.
22 (c) "Director" means the Director of the Illinois
23Emergency Management Agency.
24 (d) "Interfere" means to adversely or potentially
25adversely impact the successful completion of an indoor radon

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1measurement by changing the radon or radon progeny
2concentrations or altering the performance of measurement
3equipment or an indoor radon mitigation system installation or
4operation.
5 (e) "Laboratory analysis" means the act of analyzing the
6radon or radon progeny concentrations with passive devices, or
7the act of calibrating radon or radon progeny measurement
8devices, or the act of exposing radon or radon progeny devices
9to known concentrations of radon or radon progeny as a
10compensated service.
11 (f) "Mitigation" means the act of repairing or altering a
12building or building design for the purpose in whole or in part
13of reducing the concentration of radon in the indoor
14atmosphere.
15 (g) "Person" means entities, including, but not limited
16to, an individual, company, corporation, firm, group,
17association, partnership, joint venture, trust, or government
18agency or subdivision.
19 (h) "Radon" means a gaseous radioactive decay product of
20uranium or thorium.
21 (i) "Radon contractor" or "contractor" means a person
22licensed to perform radon or radon progeny mitigation or to
23perform measurements of radon or radon progeny in an indoor
24atmosphere.
25 (j) "Radon progeny" means any combination of the
26radioactive decay products of radon.

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1(Source: P.A. 94-369, eff. 7-29-05.)
2 Section 65. The Laser System Act of 1997 is amended by
3changing Sections 15 and 60 as follows:
4 (420 ILCS 56/15)
5 Sec. 15. Definitions. For the purposes of this Act, unless
6the context requires otherwise:
7 "Agency" or "IEMA-OHS" means the Illinois Emergency
8Management Agency and Office of Homeland Security, or its
9successor agency.
10 "Director" means the Director of the Illinois Emergency
11Management Agency.
12 "FDA" means the Food and Drug Administration of the United
13States Department of Health and Human Services.
14 "Laser installation" means a location or facility where
15laser systems are produced, stored, disposed of, or used for
16any purpose. "Laser installation" does not include any private
17residence.
18 "Laser installation operator" means an individual, group
19of individuals, partnership, firm, corporation, association,
20or other entity conducting any business or activity within a
21laser installation.
22 "Laser machine" means a device that is capable of
23producing or projecting laser radiation when associated
24controlled devices are operated.

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1 "Laser radiation" means an electromagnetic radiation
2emitted from a laser system and includes all reflected
3radiation, any secondary radiation, or other forms of energy
4resulting from the primary laser beam.
5 "Laser safety officer" means an individual who is
6qualified by training and experience in the evaluation and
7control of laser hazards, as evidenced by satisfaction of the
8training and experience requirements adopted by the Agency
9under subsection (b) of Section 16, and who is designated,
10where required by Sections 16 and 17, by a laser installation
11operator or temporary laser display operator to have the
12authority and responsibility to establish and administer a
13laser radiation protection program for a particular laser
14installation or temporary laser display.
15 "Laser system" means a device, laser projector, laser
16machine, equipment, or other apparatus that applies a source
17of energy to a gas, liquid, crystal, or other solid substances
18or combination thereof in a manner that electromagnetic
19radiations of a relatively uniform wave length are amplified
20and emitted in a cohesive beam capable of transmitting the
21energy developed in a manner that may be harmful to living
22tissues, including, but not limited to, electromagnetic waves
23in the range of visible, infrared, or ultraviolet light. Such
24systems in schools, colleges, occupational schools, and State
25colleges and other State institutions are also included in the
26definition of "laser systems". "Laser system" includes laser

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1machines but does not include any device, machine, equipment,
2or other apparatus used in the provision of communications
3through fiber optic cable.
4 "Nuclear facilities" means nuclear power plants,
5facilities housing nuclear test and research reactors,
6facilities for the chemical conversion of uranium, and
7facilities for the storage of spent nuclear fuel or high-level
8radioactive waste.
9 "Nuclear power plant" or "nuclear steam-generating
10facility" means a thermal power plant in which the energy
11(heat) released by the fissioning of nuclear fuel is used to
12boil water to produce steam.
13 "Nuclear power reactor" means an apparatus, other than an
14atomic weapon, designed or used to sustain nuclear fission in
15a self-supporting chain reaction.
16 "Small modular reactor" or "SMR" means an advanced nuclear
17reactor: (1) with a rated nameplate capacity of 300 electrical
18megawatts or less; and (2) that may be constructed and
19operated in combination with similar reactors at a single
20site.
21 "Temporary laser display" means a visual effect display
22created for a limited period of time at a laser installation by
23a laser system that is not a permanent fixture in the laser
24installation for the entertainment of the public or invitees,
25regardless of whether admission is charged or whether the
26laser display takes place indoors or outdoors.

HB2473 Enrolled- 87 -LRB103 28983 AMQ 55369 b
1 "Temporary laser display operator" means an individual,
2group of individuals, partnership, firm, corporation,
3association, or other entity conducting a temporary laser
4display at a laser installation.
5(Source: P.A. 102-558, eff. 8-20-21; 103-277, eff. 7-28-23.)
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