Bill Text: IL HB2818 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Low-Level Radioactive Waste Management Act. Makes a technical change in a provision concerning waste fees.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2818 Detail]

Download: Illinois-2011-HB2818-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB2818 Introduced , by Rep. Tom Cross - JoAnn D. Osmond SYNOPSIS AS INTRODUCED:
420 ILCS 20/13 from Ch. 111 1/2, par. 241-13
Amends the Illinois Low-Level Radioactive Waste Management Act. Makes a technical change in a provision concerning waste fees.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Low-Level Radioactive Waste
Management Act is amended by changing Section 13 as follows:
(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
Sec. 13. Waste fees.
(a) The The Agency shall collect a fee from each generator
of low-level radioactive wastes in this State. Except as
provided in subsections (b), (c), and (d), the amount of the
fee shall be $50.00 or the following amount, whichever is
greater:
(1) $1 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for shipment
occurred prior to September 7, 1984;
(2) $2 per cubic foot of waste stored for shipment if
storage of the waste occurs on or after September 7, 1984,
but prior to October 1, 1985;
(3) $3 per cubic foot of waste stored for shipment if
storage of the waste occurs on or after October 1, 1985;
(4) $2 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for shipment
occurs on or after September 7, 1984 but prior to October

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1, 1985, provided that no fee has been collected previously
for storage of the waste;
(5) $3 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for shipment
occurs on or after October 1, 1985, provided that no fees
have been collected previously for storage of the waste.
Such fees shall be collected annually or as determined by
the Agency and shall be deposited in the low-level radioactive
waste funds as provided in Section 14 of this Act.
Notwithstanding any other provision of this Act, no fee under
this Section shall be collected from a generator for waste
generated incident to manufacturing before December 31, 1980,
and shipped for disposal outside of this State before December
31, 1992, as part of a site reclamation leading to license
termination.
(b) Each nuclear power reactor in this State for which an
operating license has been issued by the Nuclear Regulatory
Commission shall not be subject to the fee required by
subsection (a) with respect to (1) waste stored for shipment if
storage of the waste occurs on or after January 1, 1986; and
(2) waste shipped for storage, treatment or disposal if storage
of the waste for shipment occurs on or after January 1, 1986.
In lieu of the fee, each reactor shall be required to pay an
annual fee as provided in this subsection for the treatment,
storage and disposal of low-level radioactive waste. Beginning
with State fiscal year 1986 and through State fiscal year 1997,

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

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

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created under subsection (a) of Section 14 of this Act and
expended, subject to appropriation, for the purposes provided
in that subsection.
(d) In addition to the fees imposed in subsections (b) and
(c), the owners of nuclear power reactors in this State for
which operating licenses have been issued by the Nuclear
Regulatory Commission shall pay the following fees for each
such nuclear power reactor: for State fiscal year 1989,
$325,000 payable on October 1, 1988, $162,500 payable on
January 1, 1989, and $162,500 payable on April 1, 1989; for
State fiscal year 1990, $162,500 payable on July 1, $300,000
payable on October 1, $300,000 payable on January 1 and
$300,000 payable on April 1; for State fiscal year 1991, either
(1) $150,000 payable on July 1, $650,000 payable on September
1, $675,000 payable on January 1, and $275,000 payable on April
1, or (2) $150,000 on July 1, $130,000 on the first day of each
month from August through December, $225,000 on the first day
of each month from January through March and $92,000 on the
first day of each month from April through June; for State
fiscal year 1992, $260,000 payable on July 1, $900,000 payable
on September 1, $300,000 payable on October 1, $150,000 payable
on January 1, and $100,000 payable on April 1; for State fiscal
year 1993, $100,000 payable on July 1, $230,000 payable on
August 1 or within 10 days after July 31, 1992, whichever is
later, and $355,000 payable on October 1; for State fiscal year
1994, $100,000 payable on July 1, $75,000 payable on October 1

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and $75,000 payable on April 1; for State fiscal year 1995,
$100,000 payable on July 1, $75,000 payable on October 1, and
$75,000 payable on April 1, for State fiscal year 1996,
$100,000 payable on July 1, $75,000 payable on October 1, and
$75,000 payable on April 1. The owner of any nuclear power
reactor that has an operating license issued by the Nuclear
Regulatory Commission for any portion of State fiscal year 1998
shall pay an annual fee of $30,000 through State fiscal year
2003. For State fiscal year 2004 and subsequent fiscal years,
the owner of any nuclear power reactor that has an operating
license issued by the Nuclear Regulatory Commission shall pay
an annual fee of $30,000 per reactor, provided that the fee
shall not apply to a nuclear power reactor with regard to which
the owner notified the Nuclear Regulatory Commission during
State fiscal year 1998 that the nuclear power reactor
permanently ceased operations. The fee shall be due and payable
on July 1 of each fiscal year. The fee due on July 1, 1998 shall
be payable on that date, or within 10 days after the effective
date of this amendatory Act of 1998, whichever is later. The
fee due on July 1, 1997 shall be payable on that date or within
10 days after the effective date of this amendatory Act of
1997, whichever is later. If the payments under this subsection
for fiscal year 1993 due on January 1, 1993, or on April 1,
1993, or both, were due before the effective date of this
amendatory Act of the 87th General Assembly, then those
payments are waived and need not be made.

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All of the amounts collected by the Agency under this
subsection (d) shall be deposited into the Low-Level
Radioactive Waste Facility Development and Operation Fund
created pursuant to subsection (a) of Section 14 of this Act
and expended, subject to appropriation, for the purposes
provided in that subsection.
All payments made by licensees under this subsection (d)
for fiscal year 1992 that are not appropriated and obligated by
the Agency above $1,750,000 per reactor in fiscal year 1992,
shall be credited to the licensees making the payments to
reduce the per reactor fees required under this subsection (d)
for fiscal year 1993.
(e) The Agency shall promulgate rules and regulations
establishing standards for the collection of the fees
authorized by this Section. The regulations shall include, but
need not be limited to:
(1) the records necessary to identify the amounts of
low-level radioactive wastes produced;
(2) the form and submission of reports to accompany the
payment of fees to the Agency; and
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more frequent than
quarterly.
(f) Any operating agreement entered into under subsection
(b) of Section 5 of this Act between the Agency and any
disposal facility contractor shall, subject to the provisions

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of this Act, authorize the contractor to impose upon and
collect from persons using the disposal facility fees designed
and set at levels reasonably calculated to produce sufficient
revenues (1) to pay all costs and expenses properly incurred or
accrued in connection with, and properly allocated to,
performance of the contractor's obligations under the
operating agreement, and (2) to provide reasonable and
appropriate compensation or profit to the contractor under the
operating agreement. For purposes of this subsection (f), the
term "costs and expenses" may include, without limitation, (i)
direct and indirect costs and expenses for labor, services,
equipment, materials, insurance and other risk management
costs, interest and other financing charges, and taxes or fees
in lieu of taxes; (ii) payments to or required by the United
States, the State of Illinois or any agency or department
thereof, the Central Midwest Interstate Low-Level Radioactive
Waste Compact, and subject to the provisions of this Act, any
unit of local government; (iii) amortization of capitalized
costs with respect to the disposal facility and its
development, including any capitalized reserves; and (iv)
payments with respect to reserves, accounts, escrows or trust
funds required by law or otherwise provided for under the
operating agreement.
(g) (Blank).
(h) (Blank).
(i) (Blank).

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(j) (Blank).
(j-5) Prior to commencement of facility operations, the
Agency shall adopt rules providing for the establishment and
collection of fees and charges with respect to the use of the
disposal facility as provided in subsection (f) of this
Section.
(k) The regional disposal facility shall be subject to ad
valorem real estate taxes lawfully imposed by units of local
government and school districts with jurisdiction over the
facility. No other local government tax, surtax, fee or other
charge on activities at the regional disposal facility shall be
allowed except as authorized by the Agency.
(l) The Agency shall have the power, in the event that
acceptance of waste for disposal at the regional disposal
facility is suspended, delayed or interrupted, to impose
emergency fees on the generators of low-level radioactive
waste. Generators shall pay emergency fees within 30 days of
receipt of notice of the emergency fees. The Department shall
deposit all of the receipts of any fees collected under this
subsection into the Low-Level Radioactive Waste Facility
Development and Operation Fund created under subsection (b) of
Section 14. Emergency fees may be used to mitigate the impacts
of the suspension or interruption of acceptance of waste for
disposal. The requirements for rulemaking in the Illinois
Administrative Procedure Act shall not apply to the imposition
of emergency fees under this subsection.

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(m) The Agency shall promulgate any other rules and
regulations as may be necessary to implement this Section.
(Source: P.A. 94-91, eff. 7-1-05; 95-777, eff. 8-4-08.)