ILLINOIS NUCLEAR SAFETY PREPAREDNESS ACT (Ch. 111«, pars. 4301 - 4310) AN ACT in relation to nuclear safety preparedness, amending certain Acts in connection therewith. P.A. 81-577, approved and effective Sept. 14, 1979. Section 4301. Short title  1. This Act shall be known and may be cited as the "Illinois Nuclear Safety Preparedness Act". Section 4302. Legislative declaration and findings  2. It is declared to be the policy of the General Assembly to protect the people of the State of Illinois against adverse health effects resulting from radiological accidents by establishing a mechanism for emergency pre- paredness to mitigate the effects of such accidents. The General Assembly finds that it is appropriate that the nuclear industry in Illinois bear costs associated with preparing and implementing plans to deal with the effects of nuclear accidents. The fees assessed by this Act are intended to cover the costs of the Nuclear Safety Preparedness Program authorized by this Act. Section 4303. Definitions  3. Unless the context otherwise clearly requires, as used in this Act: (1) "Department" means the Department of Nuclear Safety of the State of Illinois. (2) "Director" means the Director of the Department of Nuclear Safety. (3) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing. (4) "NRC" means the United States Nuclear Regulatory Commission or any agency which succeeds to its functions in the licensing of nuclear power reactors or facilities for storing spent nuclear fuel. (5) "High-level radioactive waste" means (1) the highly radioactive material resulting from the reprocessing of spent nuclear fuel including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and (2) the highly radioactive material that the NRC has determined to be high-level radioactive waste requiring permanent isolation. (6) "Nuclear facilities" means nuclear power plants, facilities housing nuclear test and research reactors, facilities for the chemical conversion of uranium, and facilities for the storage of spent nuclear fuel or high-level radioactive waste. (7) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. Section 4304. Plans and programs--Fees--Reimbursement of expenses  4. Persons engaged within this State in 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 Departmental 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 Department for compensation for those expenses, and upon approval by the Director of claims submitted by local governments, the Department shall compensate local governments from fees collected pursuant to this Section, except that such compensation, in the aggregate, shall not exceed $250,000 in any year. The Department shall, by rule, determine the method for compensating local governments under this Section. In addition, a portion of the fees collected may be appropriated to the Illinois Emergency Services and Disaster Agency for activities associated with preparing and implementing plans to deal with the effects of nuclear accidents. Such appropriation shall not exceed $500,000 in any year. Such 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 such 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; and for State fiscal year 1996 and subsequent fiscal years, $1,110,000. Within 120 days after the end of the State fiscal years ending June 30, 1993, June 30, 1994, June 30, 1995, and June 30, 1996, the Department 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, 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, 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 which corresponds proportionately to the amount the owner contributed to all fees collected under this subparagraph in the fiscal year that produced the excess. (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 such 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, such 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, such 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 $1,000 per cask for truck shipments and $2,000 per cask for rail shipments of spent nuclear fuel or high-level radioactive waste received at or departing from any nuclear power station or away-from-reactor spent nuclear fuel or high-level radioactive waste storage facility in this State to be paid by the owners of such facilities. (11) A fee assessed at the rate of $1,000 per cask for truck shipments and $2,000 per cask for rail shipments of spent nuclear fuel or high-level radioactive waste traversing the State to be paid by the owner of such shipments. (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 Department 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, such excess shall be credited to the owners of nuclear power reactors who are assessed fees under this subpara- graph, and such 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. Section 4305. Time--Payment of fees  5. Except as otherwise provided in this Section, within 30 days after the beginning of each State fiscal year, each person who possessed a valid operating license issued by the NRC for a nuclear power reactor or a spent fuel storage facility during any portion of the previous fiscal year shall pay to the Department the fees imposed by Section 4 of this Act. The one-time facility charge assessed pursuant to subparagraph (1) of Section 4 shall be paid to the Department not less than 2 years prior to scheduled commencement of commercial operation. The additional facility charge assessed pursuant to subparagraph (2) of Section 4 shall be paid to the Department within 90 days of June 30, 1982. Fees assessed pursuant to subparagraph (3) of Section 4 for State fiscal year 1992 shall be payable as follows: $400,000 due on August 1, 1991, and $525,000 due on January 1, 1992. Fees assessed pursuant to subparagraph (3) of Section 4 for State fiscal year 1993 and subsequent fiscal years shall be due and payable in two equal payments on July 1 and January 1 during the fiscal year in which the fee is due. Fees assessed pursuant to subparagraph (4) of Section 4 shall be paid in six payments, the first, in the amount of $400,000, shall be due and payable 30 days after the effective date of this Amendatory Act of 1984. Subsequent payments shall be in the amount of $200,000 each, and shall be due and payable annually on August 1, 1985 through August 1, 1989, inclusive. Fees assessed under the provisions of subparagraphs (6) and (7) of Section 4 of this Act shall be paid on or before January 1, 1990. Fees assessed under the provisions of subparagraphs (8) and (9) of Section 4 of this Act shall be paid on or before January 1st of each year, beginning January 1, 1990. Fees assessed under the provisions of subparagraphs (10) and (11) of Section 4 of this Act shall be paid to the Department prior to the movement of such shipments within this State. Fees assessed pursuant to subparagraph (12) of Section 4 shall be paid to the Department by each person who possessed a valid operating license issued by the NRC for a nuclear power reactor during any portion of the previous State fiscal year as follows: the fee due in fiscal year 1988 shall be paid on January 15, 1988, the fee due in fiscal year 1989 shall be paid on December 1, 1988, and subsequent fees shall be paid annually on December 1, 1989 through December 1, 1990. Section 4306. Budget  6. The Department shall prepare a budget showing the cost (including capital expenditures) to be incurred in administering this Act during the fiscal year in question. Such budget shall be prepared only after consulta- tion with those liable for the fees imposed by this Act as to the costs necessary to enable the Department to perform its responsibilities under this Act. Section 4307. Nuclear Safety Emergency Preparedness Fund--Deposits  7. All monies received by the Department under this Act shall be deposited in the State Treasury and shall be set apart in a special fund to be known as the "Nuclear Safety Emergency Preparedness Fund". All monies within the Nuclear Safety Emergency Preparedness Fund shall be invested by the State Treasurer in accordance with established investment practices. Interest earned by such investment shall be returned to the Nuclear Safety Emergency Preparedness Fund. Monies deposited in this fund shall be expended by the Director only to support the activities of the Illinois Nuclear Safety Preparedness Program, including grants and scholarships under the Nuclear Safety Education Assistance Act. Section 4308. Program--Nuclear power reactors--System status signals  8. (a) The Illinois Nuclear Safety Preparedness Program shall consist of an assessment of the potential nuclear accidents, their radiological consequences, and the necessary protective actions required to mitigate the effects of such accidents. It shall include, but not necessarily be limited to: (1) Development of a remote effluent monitoring system capable of reliably detecting and quantifying accidental radioactive releases from nuclear power plants to the environment; (2) Development of an environmental monitoring program for nuclear facilities other than nuclear power plants; (3) Development of procedures for radiological assessment and radiation exposure control for areas surrounding each nuclear facility in Illinois; (4) Radiological training of state and local emergency response personnel in accordance with the Department's responsibilities under the program; (5) Participation in the development of accident scenarios and in the exercising of fixed facility nuclear emergency response plans; (6) Development of mitigative emergency planning standards including, but not limited to, standards pertaining to evacuations, re-entry into evacuated areas, contaminated foodstuffs and contaminated water supplies; (7) Provision of specialized response equipment necessary to accomplish this task; (8) Implementation of the Boiler and Pressure Vessel Safety program at nuclear steam-generating facilities as mandated by subsection C of Section 71 of The Civil Administrative Code of Illinois; (9) Development and implementation of a plan for inspecting and escorting all shipments of spent nuclear fuel and high-level radioactive waste in Illinois; and (10) Implementation of the program under the Illinois Nuclear Facility Safety Act. (b) The Department may incorporate data collected by the operator of a nuclear facility into the Department's remote monitoring system. (c) The owners of each nuclear power reactor in Illinois shall provide the Department all system status signals which initiate Emergency Action Level Declarations, actuate accident mitigation and provide mitigation verification as directed by the Department. The Department shall designate by rule those system status signals that must be provided. Signals providing indication of operating power level shall also be provided. The owners of the nuclear power reactors shall, at their expense, ensure that valid signals will be provided continuously 24 hours a day. All such signals shall be provided in a manner and at a frequency specified by the Department for incorporation into and augmentation of the remote effluent monitoring system specified in subsection (a)(1) of this Section. Provision shall be made for assuring that such system status and power level signals shall be available to the Department during reactor operation as well as throughout accidents and subsequent recovery operations. For nuclear reactors with operating licenses issued by the Nuclear Regulatory Commission prior to the effective date of this amendatory Act, such system status and power level signals shall be provided to the Department by March 1, 1985. For reactors without such a license on the effective date of this amendatory Act, such signals shall be provided to the Department prior to commencing initial fuel load for such reactor. Nuclear reactors receiving their operating license after the effective date of this amendatory Act, but before July 1, 1985, shall provide such system status and power level signals to the Department by September 1, 1985. Section 4309. Equipment--Installation  9. Any equipment purchased by the Department to be installed on the premises of a nuclear facility pursuant to the provisions of subsections (1), (2) and (7) of Section 8 of this Act shall be installed by the owner of such nuclear facility in accordance with criteria and standards established by the Director of the Department, including criteria for location, supporting utilities, and methods of installation. Such installation shall be at no cost to the Department. The owner of the nuclear facility shall also, at its expense, pay for modifications of its facility as requested by the Department to accommodate the Department's equipment including updated equipment, and to accommodate changes in the Department's criteria and standards. Section 4310. Loans, grants or other funds or gifts  10. The Department may accept and administer according to law, loans, grants, or other funds or gifts from the Federal Government and from other sources, public and private, for carrying out its functions under this Act. Section 4311. Fees and Expenses - Federal Activities  11. Fees and expenses related to federal activities and facilities. If any activity or facility for which a fee is imposed or an expense is incurred under this Act is an activity or facility of the federal government, the fee shall be paid or the expense shall be borne by the prime contractor under contract with the federal government to perform the activity or operate the facility. If the federal government performs the activity or operates the facility directly, the fee shall be paid or the expense incurred only as provided by federal law.