ILLINOIS NUCLEAR FACILITY SAFETY ACT (Ch. 111«, par. 4351 et seq.) Section 1. Short Title. This Act shall be known and may be cited as the "Illinois Nuclear Facility Safety Act." Section 2. Policy statement. It is declared to be the policy of the State of Illinois to prevent accidents at nuclear facilities in Illinois for the economic well-being of the People of the State of Illinois and for the health and safety of workers at nuclear facilities and private citizens who could be injured as a result of releases of radioactive materials from nuclear facilities. It is the intent of the General Assembly that this Act should be construed consistently with federal law to maximize the role of the State in contributing to safety at nuclear facilities in Illinois. It is the intent of the General Assembly that the Illinois Department of Nuclear Safety should not take any actions which are preempted by federal law or engage in dual regulation of nuclear facilities, unless dual regulation is allowed by federal law and policies of the Nuclear Regulatory Commission. In implementing its responsibilities under this Act, the Illinois Department of Nuclear Safety shall not take any action which interferes with the safe operation of a nuclear facility. Section 3. Legislative findings. The General Assembly finds: (a) that Illinois has more operating nuclear power plants than any state in the Nation; (b) that Illinois has a commercial, away-from-reactor, spent nuclear fuel storage facility; (c) that on behalf of the People, the State of Illinois has not only an interest in emergency preparedness to mitigate the effects of accidents at nuclear facilities but also an interest in furthering actions which reduce the likelihood and severity of accidents at nuclear facilities; (d) that reduction of the likelihood and severity of accidents at nuclear facilities is in the interest of the economic well-being of the People of the State of Illinois because of the substantial costs of (1) repairing or replacing nuclear facility equipment damaged or destroyed in an accident; (2) purchasing replacement power in the event of a loss in generating capacity in an accident; (3) disposing of nuclear facility equipment highly contaminated with radioactivity in an accident; (4) decontaminating or replacing private property damaged in an accident; (5) replacing agricultural products contaminated with radioactivity in an accident; (6) disruption to the economy caused by an accident; and (7) health care for workers and private citizens injured in an accident; and (e) that reduction of the likelihood and severity of accidents at nuclear facilities in Illinois protects the health and safety of workers at nuclear facilities and private citizens who could be injured as a result of releases of radiation from nuclear facilities. Section 4. Authorization. The Department is authorized to enter into any and all cooperative agreements with the federal Nuclear Regulatory Commission consistent with the applicable provisions of the Atomic Energy Act. Section 5. Consistent with federal law and policy statements of and cooperative agreements with the Nuclear Regulatory Commission with respect to State participation in health and safety regulation of nuclear facilities, and in recognition of the role provided for the states by such laws, policy statements and cooperative agreements, the Department shall develop and implement a 2-year pilot program of resident engineers in 2 nuclear power plants in Illinois. No State resident engineer shall be placed at a nuclear power plant of a company owning fewer than 3 nuclear power plants. The Department shall employ no more than 2 resident engineers at any time, and the owner of each of the 2 nuclear power plants to which they are assigned shall provide, at its expense, office space and equipment reasonably required by the resident engineers while they are on the premises of such nuclear power plants. The 2 resident engineers shall operate in accordance with a cooperative agreement executed by the Department and the Nuclear Regulatory Commission and shall have access to the nuclear power plants to which they have been assigned in accordance with that agreement; provided, however, that neither of the 2 resident engineers shall have greater access than is afforded by a resident inspector of the Nuclear Regulatory Commission. The 2 resident engineers shall each operate in accordance with the security plan for the nuclear power plant to which they are assigned, but in no event shall they be required to meet any requirements imposed by a nuclear power plant owner which are not imposed on resident inspectors of the Nuclear Regulatory Commission. The Department's programs and activities under this Section shall not be inconsistent with federal law. This Section shall be repealed on October 1, 1992. Section 6. No later than October 1, 1991, the Department shall prepare an initial draft report on its experiences with the pilot program established in Section 5 and shall by that date provide copies of the initial draft report to the chief executive officer of each company operating a nuclear power plant in Illinois. No later than November 15, 1991, each such company shall provide to the Department written and oral comments on the initial draft report. The Department shall thereafter prepare its final draft report no later than January 15, 1992, and shall, by that date, provide copies of the final draft report to the chief executive officer of each company operating a nuclear power plant in Illinois. Each such company may, by February 15, 1992, submit to the Department a written response to the final draft report. No later than March 1, 1992, the Department shall issue a formal report, consisting of both its final draft report and any written responses, to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House, and the chief executive officer of each company operating a nuclear power plant in Illinois. The initial draft report, final draft report and formal report shall each outline the Department's experiences with the pilot program established under Section 5, and shall each discuss and evaluate, among other things, the following: (a) The costs of the pilot program. (b) The role afforded State resident engineers under federal law, federal regulations, and policy statements of and cooperative agreements with the Nuclear Regulatory Commission. (c) The activities of the State resident engineers, including their interaction with resident inspectors of the Nuclear Regulatory Commission. (d) Any suggestions or complaints made to the Department regarding the pilot program and the Department's response to the suggestions or complaints. This Section shall be repealed on October 1, 1992. Section 7. The Department shall not engage in any program of resident engineers or inspectors at any nuclear power plant in Illinois except as specifically directed by law.