Bill Text: IL HB5547 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Nuclear Safety Preparedness Act. Makes a technical change in a Section relating to fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-26 - Rule 19(a) / Re-referred to Rules Committee [HB5547 Detail]

Download: Illinois-2009-HB5547-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5547 Introduced 2/9/2010, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
420 ILCS 5/4 from Ch. 111 1/2, par. 4304
Amends the Illinois Nuclear Safety Preparedness Act. Makes a technical change in a Section relating to 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 Nuclear Safety Preparedness Act is
amended by changing Section 4 as follows:
(420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
Sec. 4. Nuclear accident plans; fees. Persons engaged
within this State in the the production of electricity
utilizing nuclear energy, the operation of nuclear test and
research reactors, the chemical conversion of uranium, or the
transportation, storage or possession of spent nuclear fuel or
high-level radioactive waste shall pay fees to cover the cost
of establishing plans and programs to deal with the possibility
of nuclear accidents. Except as provided below, the fees shall
be used exclusively to fund those Agency and local government
activities defined as necessary by the Director to implement
and maintain the plans and programs authorized by this Act.
Local governments incurring expenses attributable to
implementation and maintenance of the plans and programs
authorized by this Act may apply to the Agency for compensation
for those expenses, and upon approval by the Director of
applications submitted by local governments, the Agency shall
compensate local governments from fees collected under this

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Section. Compensation for local governments shall include
$250,000 in any year through fiscal year 1993, $275,000 in
fiscal year 1994 and fiscal year 1995, $300,000 in fiscal year
1996, $400,000 in fiscal year 1997, and $450,000 in fiscal year
1998 and thereafter. Appropriations to the Department of
Nuclear Safety (of which the Agency is the successor) for
compensation to local governments from the Nuclear Safety
Emergency Preparedness Fund provided for in this Section shall
not exceed $650,000 per State fiscal year. Expenditures from
these appropriations shall not exceed, in a single State fiscal
year, the annual compensation amount made available to local
governments under this Section, unexpended funds made
available for local government compensation in the previous
fiscal year, and funds recovered under the Illinois Grant Funds
Recovery Act during previous fiscal years. Notwithstanding any
other provision of this Act, the expenditure limitation for
fiscal year 1998 shall include the additional $100,000 made
available to local governments for fiscal year 1997 under this
amendatory Act of 1997. Any funds within these expenditure
limitations, including the additional $100,000 made available
for fiscal year 1997 under this amendatory Act of 1997, that
remain unexpended at the close of business on June 30, 1997,
and on June 30 of each succeeding year, shall be excluded from
the calculations of credits under subparagraph (3) of this
Section. The Agency shall, by rule, determine the method for
compensating local governments under this Section. The

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appropriation shall not exceed $500,000 in any year preceding
fiscal year 1996; the appropriation shall not exceed $625,000
in fiscal year 1996, $725,000 in fiscal year 1997, and $775,000
in fiscal year 1998 and thereafter. The fees shall consist of
the following:
(1) A one-time charge of $590,000 per nuclear power station
in this State to be paid by the owners of the stations.
(2) An additional charge of $240,000 per nuclear power
station for which a fee under subparagraph (1) was paid before
June 30, 1982.
(3) Through June 30, 1982, an annual fee of $75,000 per
year for each nuclear power reactor for which an operating
license has been issued by the NRC, and after June 30, 1982,
and through June 30, 1984 an annual fee of $180,000 per year
for each nuclear power reactor for which an operating license
has been issued by the NRC, and after June 30, 1984, and
through June 30, 1991, an annual fee of $400,000 for each
nuclear power reactor for which an operating license has been
issued by the NRC, to be paid by the owners of nuclear power
reactors operating in this State. After June 30, 1991, the
owners of nuclear power reactors in this State for which
operating licenses have been issued by the NRC shall pay the
following fees for each such nuclear power reactor: for State
fiscal year 1992, $925,000; for State fiscal year 1993,
$975,000; for State fiscal year 1994; $1,010,000; for State
fiscal year 1995, $1,060,000; for State fiscal years 1996 and

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1997, $1,110,000; for State fiscal year 1998, $1,314,000; for
State fiscal year 1999, $1,368,000; for State fiscal year 2000,
$1,404,000; for State fiscal year 2001, $1,696,455; for State
fiscal year 2002, $1,730,636; for State fiscal year 2003 and
subsequent fiscal years, $1,757,727. Within 120 days after the
end of the State fiscal year, the Agency shall determine, from
the records of the Office of the Comptroller, the balance in
the Nuclear Safety Emergency Preparedness Fund. When the
balance in the fund, less any fees collected under this Section
prior to their being due and payable for the succeeding fiscal
year or years, exceeds $400,000 at the close of business on
June 30, 1993, 1994, 1995, 1996, 1997, and 1998, or exceeds
$500,000 at the close of business on June 30, 1999 and June 30
of each succeeding year, the excess shall be credited to the
owners of nuclear power reactors who are assessed fees under
this subparagraph. Credits shall be applied against the fees to
be collected under this subparagraph for the subsequent fiscal
year. Each owner shall receive as a credit that amount of the
excess which corresponds proportionately to the amount the
owner contributed to all fees collected under this subparagraph
in the fiscal year that produced the excess.
(3.5) The owner of a nuclear power reactor that notifies
the Nuclear Regulatory Commission that the nuclear power
reactor has permanently ceased operations during State fiscal
year 1998 shall pay the following fees for each such nuclear
power reactor: $1,368,000 for State fiscal year 1999 and

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$1,404,000 for State fiscal year 2000.
(4) A capital expenditure surcharge of $1,400,000 per
nuclear power station in this State, whether operating or under
construction, shall be paid by the owners of the station.
(5) An annual fee of $25,000 per year for each site for
which a valid operating license has been issued by NRC for the
operation of an away-from-reactor spent nuclear fuel or
high-level radioactive waste storage facility, to be paid by
the owners of facilities for the storage of spent nuclear fuel
or high-level radioactive waste for others in this State.
(6) A one-time charge of $280,000 for each facility in this
State housing a nuclear test and research reactor, to be paid
by the operator of the facility. However, this charge shall not
be required to be paid by any tax-supported institution.
(7) A one-time charge of $50,000 for each facility in this
State for the chemical conversion of uranium, to be paid by the
owner of the facility.
(8) An annual fee of $150,000 per year for each facility in
this State housing a nuclear test and research reactor, to be
paid by the operator of the facility. However, this annual fee
shall not be required to be paid by any tax-supported
institution.
(9) An annual fee of $15,000 per year for each facility in
this State for the chemical conversion of uranium, to be paid
by the owner of the facility.
(10) A fee assessed at the rate of $2,500 per truck for

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each truck shipment and $4,500 for the first cask and $3,000
for each additional cask for each rail shipment of spent
nuclear fuel, high-level radioactive waste, transuranic waste,
or a highway route controlled quantity of radioactive materials
received at or departing from any nuclear power station or
away-from-reactor spent nuclear fuel, high-level radioactive
waste, transuranic waste storage facility, or other facility in
this State to be paid by the shipper of the spent nuclear fuel,
high level radioactive waste, transuranic waste, or highway
route controlled quantity of radioactive material. Truck
shipments of greater than 250 miles in Illinois are subject to
a surcharge of $25 per mile over 250 miles for each truck in
the shipment. The amount of fees collected each fiscal year
under this subparagraph shall be excluded from the calculation
of credits under subparagraph (3) of this Section.
(11) A fee assessed at the rate of $2,500 per truck for
each truck shipment and $4,500 for the first cask and $3,000
for each additional cask for each rail shipment of spent
nuclear fuel, high-level radioactive waste, transuranic waste,
or a highway route controlled quantity of radioactive materials
traversing the State to be paid by the shipper of the spent
nuclear fuel, high level radioactive waste, transuranic waste,
or highway route controlled quantity of radioactive material.
Truck shipments of greater than 250 miles in Illinois are
subject to a surcharge of $25 per mile over 250 miles for each
truck in the shipment. The amount of fees collected each fiscal

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year under this subparagraph shall be excluded from the
calculation of credits under subparagraph (3) of this Section.
(12) In each of the State fiscal years 1988 through 1991,
in addition to the annual fee provided for in subparagraph (3),
a fee of $400,000 for each nuclear power reactor for which an
operating license has been issued by the NRC, to be paid by the
owners of nuclear power reactors operating in this State.
Within 120 days after the end of the State fiscal years ending
June 30, 1988, June 30, 1989, June 30, 1990, and June 30, 1991,
the Agency shall determine the expenses of the Illinois Nuclear
Safety Preparedness Program paid from funds appropriated for
those fiscal years. When the aggregate of all fees, charges,
and surcharges collected under this Section during any fiscal
year exceeds the total expenditures under this Act from
appropriations for that fiscal year, the excess shall be
credited to the owners of nuclear power reactors who are
assessed fees under this subparagraph, and the credits shall be
applied against the fees to be collected under this
subparagraph for the subsequent fiscal year. Each owner shall
receive as a credit that amount of the excess that corresponds
proportionately to the amount the owner contributed to all fees
collected under this subparagraph in the fiscal year that
produced the excess.
(Source: P.A. 92-576, eff. 6-26-02; 93-1029, eff. 8-25-04.)