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Illinois House Bill HB2473

Illinois 2023-2024 Regular Session

Illinois House Bill HB2473 Compare Versions

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1-Public Act 103-0569
21 HB2473 EnrolledLRB103 28983 AMQ 55369 b HB2473 Enrolled LRB103 28983 AMQ 55369 b
32 HB2473 Enrolled LRB103 28983 AMQ 55369 b
4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Nuclear Safety Law of 2004 is amended by
8-changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 40.5, 50, 55,
9-65, 70, 75, and 85 and by adding Sections 8 and 90 as follows:
10-(20 ILCS 3310/5)
11-Sec. 5. Cross references. The Illinois Emergency
12-Management Agency shall exercise, administer, and enforce all
13-rights, powers, and duties vested in Department of Nuclear
14-Safety by the following named Acts or Sections of those Acts:
15-(1) The Radiation Protection Act of 1990.
16-(2) The Radioactive Waste Storage Act.
17-(3) (Blank).
18-(4) The Laser System Act of 1997.
19-(5) The Illinois Nuclear Safety Preparedness Act.
20-(6) The Radioactive Waste Compact Enforcement Act.
21-(7) Illinois Low-Level Radioactive Waste Management
22-Act.
23-(8) Illinois Nuclear Facility Safety Act.
24-(9) Radioactive Waste Tracking and Permitting Act.
25-(10) Radon Industry Licensing Act.
26-(11) Uranium and Thorium Mill Tailings Control Act.
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Nuclear Safety Law of 2004 is amended by
7+5 changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 40.5, 50, 55,
8+6 65, 70, 75, and 85 and by adding Sections 8 and 90 as follows:
9+7 (20 ILCS 3310/5)
10+8 Sec. 5. Cross references. The Illinois Emergency
11+9 Management Agency shall exercise, administer, and enforce all
12+10 rights, powers, and duties vested in Department of Nuclear
13+11 Safety by the following named Acts or Sections of those Acts:
14+12 (1) The Radiation Protection Act of 1990.
15+13 (2) The Radioactive Waste Storage Act.
16+14 (3) (Blank).
17+15 (4) The Laser System Act of 1997.
18+16 (5) The Illinois Nuclear Safety Preparedness Act.
19+17 (6) The Radioactive Waste Compact Enforcement Act.
20+18 (7) Illinois Low-Level Radioactive Waste Management
21+19 Act.
22+20 (8) Illinois Nuclear Facility Safety Act.
23+21 (9) Radioactive Waste Tracking and Permitting Act.
24+22 (10) Radon Industry Licensing Act.
25+23 (11) Uranium and Thorium Mill Tailings Control Act.
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33-(Source: P.A. 95-331, eff. 8-21-07.)
34-(20 ILCS 3310/8 new)
35-Sec. 8. Definitions. In this Act:
36-"IEMA-OHS" means the Illinois Emergency Management Agency
37-and Office of Homeland Security, or its successor agency.
38-"Director" means the Director of IEMA-OHS.
39-"Nuclear facilities" means nuclear power plants,
40-facilities housing nuclear test and research reactors,
41-facilities for the chemical conversion of uranium, and
42-facilities for the storage of spent nuclear fuel or high-level
43-radioactive waste.
44-"Nuclear power plant" or "nuclear steam-generating
45-facility" means a thermal power plant in which the energy
46-(heat) released by the fissioning of nuclear fuel is used to
47-boil water to produce steam.
48-"Nuclear power reactor" means an apparatus, other than an
49-atomic weapon, designed or used to sustain nuclear fission in
50-a self-supporting chain reaction.
51-"Small modular reactor" or "SMR" means an advanced nuclear
52-reactor: (1) with a rated nameplate capacity of 300 electrical
53-megawatts or less; and (2) that may be constructed and
54-operated in combination with similar reactors at a single
55-site.
56-(20 ILCS 3310/10)
57-
58-
59-Sec. 10. Nuclear and radioactive materials disposal. The
60-Illinois Emergency Management Agency shall formulate a
61-comprehensive plan regarding disposal of nuclear and
62-radioactive materials in this State. The Illinois Emergency
63-Management Agency shall establish minimum standards for
64-disposal sites, shall evaluate and publicize potential effects
65-on the public health and safety, and shall report to the
66-Governor and General Assembly all violations of the adopted
67-standards. In carrying out this function, the Illinois
68-Emergency Management Agency shall work in cooperation with the
69-Radiation Protection Advisory Council.
70-(Source: P.A. 93-1029, eff. 8-25-04.)
71-(20 ILCS 3310/15)
72-Sec. 15. Radiation sources; radioactive waste disposal.
73-The Illinois Emergency Management Agency, instead of the
74-Department of Nuclear Safety, shall register, license,
75-inspect, and control radiation sources, shall purchase, lease,
76-accept, or acquire lands, buildings, and grounds where
77-radioactive wastes can be disposed, and shall supervise and
78-regulate the operation of the disposal sites.
79-(Source: P.A. 93-1029, eff. 8-25-04.)
80-(20 ILCS 3310/20)
81-Sec. 20. Nuclear waste sites.
82-(a) The Illinois Emergency Management Agency shall conduct
83-
84-
85-a survey and prepare and publish a list of sites in the State
86-where nuclear waste has been deposited, treated, or stored.
87-(b) The Illinois Emergency Management Agency shall monitor
88-nuclear waste processing, use, handling, storage, and disposal
89-practices in the State, and shall determine existing and
90-expected rates of production of nuclear wastes.
91-(c) The Illinois Emergency Management Agency shall compile
92-and make available to the public an annual report identifying
93-the type and quantities of nuclear waste generated, stored,
94-treated, or disposed of within this State and containing the
95-other information required to be collected under this Section.
96-(Source: P.A. 93-1029, eff. 8-25-04.)
97-(20 ILCS 3310/25)
98-Sec. 25. Boiler and pressure vessel safety. The Illinois
99-Emergency Management Agency shall exercise, administer, and
100-enforce all of the following rights, powers, and duties:
101-(1) Rights, powers, and duties vested in the
102-Department of Nuclear Safety by the Boiler and Pressure
103-Vessel Safety Act prior to the abolishment of the
104-Department of Nuclear Safety, to the extent the rights,
105-powers, and duties relate to nuclear steam-generating
106-facilities.
107-(2) Rights, powers, and duties relating to nuclear
108-steam-generating facilities vested in the Department of
109-Nuclear Safety by the Boiler and Pressure Vessel Safety
110-
111-
112-Act prior to the abolishment of the Department of Nuclear
113-Safety, which include but are not limited to the
114-formulation of definitions, rules, and regulations for the
115-safe and proper construction, installation, repair, use,
116-and operation of nuclear steam-generating facilities, the
117-adoption of rules for already installed nuclear
118-steam-generating facilities, the adoption of rules for
119-accidents in nuclear steam-generating facilities, the
120-examination for or suspension of inspectors' licenses of
121-the facilities, and the hearing of appeals from decisions
122-relating to the facilities.
123-(3) Rights, powers, and duties relating to nuclear
124-steam-generating facilities, vested in the State Fire
125-Marshal, the Chief Inspector, or the Department of Nuclear
126-Safety prior to its abolishment, by the Boiler and
127-Pressure Vessel Safety Act, which include but are not
128-limited to the employment of inspectors of nuclear
129-steam-generating facilities, issuance or suspension of
130-their commissions, prosecution of the Act or rules
131-promulgated thereunder for violations by nuclear
132-steam-generating facilities, maintenance of inspection
133-records of all the facilities, publication of rules
134-relating to the facilities, having free access to the
135-facilities, issuance of inspection certificates of the
136-facilities, and the furnishing of bonds conditioned upon
137-the faithful performance of their duties. The Director of
138-
139-
140-the Illinois Emergency Management Agency may designate a
141-Chief Inspector, or other inspectors, as he or she deems
142-necessary to perform the functions transferred by this
143-Section.
144-The transfer of rights, powers, and duties specified in
145-paragraphs (1), (2), and (3) is limited to the program
146-transferred by this Act and shall not be deemed to abolish or
147-diminish the exercise of those same rights, powers, and duties
148-by the Office of the State Fire Marshal, the Board of Boiler
149-and Pressure Vessel Rules, the State Fire Marshal, or the
150-Chief Inspector with respect to programs retained by the
151-Office of the State Fire Marshal.
152-(Source: P.A. 95-777, eff. 8-4-08.)
153-(20 ILCS 3310/30)
154-Sec. 30. Powers vested in Environmental Protection Agency.
155-(a) The Illinois Emergency Management Agency shall
156-exercise, administer, and enforce all rights, powers, and
157-duties vested in the Environmental Protection Agency by
158-paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q,
159-and r of Section 4 and by Sections 30 through 45 of the
160-Environmental Protection Act, to the extent that these powers
161-relate to standards of the Pollution Control Board adopted
162-under Section 35 of this Act. The transfer of rights, powers,
163-and duties specified in this Section is limited to the
164-programs transferred by Public Act 81-1516 and this Act and
165-
166-
167-shall not be deemed to abolish or diminish the exercise of
168-those same rights, powers, and duties by the Environmental
169-Protection Agency with respect to programs retained by the
170-Environmental Protection Agency.
171-(b) Notwithstanding provisions in Sections 4 and 17.7 of
172-the Environmental Protection Act, the Environmental Protection
173-Agency is not required to perform analytical services for
174-community water supplies to determine compliance with
175-contaminant levels for radionuclides as specified in State or
176-federal drinking water regulations.
177-(Source: P.A. 99-83, eff. 7-20-15.)
178-(20 ILCS 3310/35)
179-Sec. 35. Pollution Control Board regulations concerning
180-nuclear plants. The Illinois Emergency Management Agency shall
181-enforce the regulations promulgated by the Pollution Control
182-Board under Section 25b of the Environmental Protection Act.
183-Under these regulations the Illinois Emergency Management
184-Agency shall require that a person, corporation, or public
185-authority intending to construct a nuclear steam-generating
186-facility or a nuclear fuel reprocessing plant file with the
187-Illinois Emergency Management Agency an environmental
188-feasibility report that incorporates the data provided in the
189-preliminary safety analysis required to be filed with the
190-United States Nuclear Regulatory Commission.
191-(Source: P.A. 93-1029, eff. 8-25-04.)
192-
193-
194-(20 ILCS 3310/40)
195-Sec. 40. Regulation of nuclear safety.
196-(a) The Illinois Emergency Management Agency shall have
197-primary responsibility for the coordination and oversight of
198-all State governmental functions concerning the regulation of
199-nuclear power, including low level waste management,
200-environmental monitoring, environmental radiochemical
201-analysis, and transportation of nuclear waste. Functions
202-performed by the Illinois State Police and the Department of
203-Transportation in the area of nuclear safety, on the effective
204-date of this Act, may continue to be performed by these
205-agencies but under the direction of the Illinois Emergency
206-Management Agency. All other governmental functions regulating
207-nuclear safety shall be coordinated by the Illinois Emergency
208-Management Agency.
209-(b) IEMA-OHS, in consultation with the Illinois
210-Environmental Protection Agency, shall adopt rules for the
211-regulation of small modular reactors. The rules shall be
212-adopted by January 1, 2026 and shall include criteria for
213-decommissioning, environmental monitoring, and emergency
214-preparedness. The rules shall include a fee structure to cover
215-IEMA-OHS costs for regulation and inspection. The fee
216-structure may include fees to cover costs of local government
217-emergency response preparedness through grants administered by
218-IEMA-OHS. None of the rules developed by the Illinois
219-
220-
221-Emergency Management Agency and Office of Homeland Security or
222-any other State agency, board, or commission pursuant to this
223-Act shall be construed to supersede the authority of the U.S.
224-Nuclear Regulatory Commission. The changes made by this
225-amendatory Act of the 103rd General Assembly shall not apply
226-to the uprate, renewal, or subsequent renewal of any license
227-for an existing nuclear power reactor that began operation
228-prior to the effective date of this amendatory Act of the 103rd
229-General Assembly. Any fees collected under this subsection
230-shall be deposited into the Nuclear Safety Emergency
231-Preparedness Fund created pursuant to Section 7 of the
232-Illinois Nuclear Safety Preparedness Act.
233-(c) Consistent with federal law and policy statements of
234-and cooperative agreements with the U.S. Nuclear Regulatory
235-Commission with respect to State participation in health and
236-safety regulation of nuclear facilities, and in recognition of
237-the role provided for the states by such laws, policy
238-statements, and cooperative agreements, IEMA-OHS may develop
239-and implement a program for inspections of small modular
240-reactors, both operational and non-operational. The owner of
241-each small modular reactor shall allow access to IEMA-OHS
242-inspectors of all premises and records of the small modular
243-reactor. The IEMA-OHS inspectors shall operate in accordance
244-with any cooperative agreements executed between IEMA-OHS and
245-the U.S. Nuclear Regulatory Commission. The IEMA-OHS
246-inspectors shall operate in accordance with the security plan
247-
248-
249-for the small modular reactor. IEMA-OHS programs and
250-activities under this Section shall not be inconsistent with
251-federal law.
252-(d) IEMA-OHS shall be authorized to conduct activities
253-specified in Section 8 of the Illinois Nuclear Safety
254-Preparedness Act in regard to small modular reactors.
255-(Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21;
256-102-813, eff. 5-13-22.)
257-(20 ILCS 3310/40.5)
258-Sec. 40.5. Radiochemistry laboratory program. The Illinois
259-Emergency Management Agency shall implement a comprehensive
260-radiochemistry laboratory program. The Director of the
261-Illinois Emergency Management Agency, in accordance with the
262-Personnel Code, shall employ and direct such personnel, and
263-shall provide for such laboratory and other facilities, as may
264-be necessary to carry out the purposes of this Act and the Acts
265-referenced in Section 5.
266-(Source: P.A. 102-133, eff. 7-23-21.)
267-(20 ILCS 3310/50)
268-Sec. 50. Personnel transferred. Personnel previously
269-assigned to the programs transferred from the Department of
270-Nuclear Safety are hereby transferred to the Illinois
271-Emergency Management Agency (now the Illinois Emergency
272-Management Agency and Office of Homeland Security). The rights
273-
274-
275-of the employees, the State, and executive agencies under the
276-Personnel Code, any collective bargaining agreement, or any
277-pension, retirement, or annuity plan shall not be affected by
278-this Act.
279-(Source: P.A. 93-1029, eff. 8-25-04.)
280-(20 ILCS 3310/55)
281-Sec. 55. Records and property transferred. All books,
282-records, papers, documents, property (real or personal),
283-unexpended appropriations, and pending business in any way
284-pertaining to the rights, powers, and duties transferred by
285-this Act shall be delivered and transferred to the Illinois
286-Emergency Management Agency (now the Illinois Emergency
287-Management Agency and Office of Homeland Security).
288-(Source: P.A. 93-1029, eff. 8-25-04.)
289-(20 ILCS 3310/65)
290-Sec. 65. Nuclear accident plan. The Illinois Emergency
291-Management Agency shall have primary responsibility to
292-formulate a comprehensive emergency preparedness and response
293-plan for any nuclear accident. The Illinois Emergency
294-Management Agency shall also train and maintain an emergency
295-response team.
296-(Source: P.A. 93-1029, eff. 8-25-04.)
297-(20 ILCS 3310/70)
298-
299-
300-Sec. 70. Nuclear and radioactive materials transportation
301-plan. The Illinois Emergency Management Agency shall formulate
302-a comprehensive plan regarding the transportation of nuclear
303-and radioactive materials in Illinois. The Illinois Emergency
304-Management Agency shall have primary responsibility for all
305-State governmental regulation of the transportation of nuclear
306-and radioactive materials, insofar as the regulation pertains
307-to the public health and safety. This responsibility shall
308-include but not be limited to the authority to oversee and
309-coordinate regulatory functions performed by the Department of
310-Transportation, the Illinois State Police, and the Illinois
311-Commerce Commission.
312-(Source: P.A. 102-538, eff. 8-20-21.)
313-(20 ILCS 3310/75)
314-Sec. 75. State nuclear power policy. Subject to
315-appropriation, the Illinois Emergency Management Agency, in
316-cooperation with the Department of Natural Resources, shall
317-study (i) the impact and cost of nuclear power and compare
318-these to the impact and cost of alternative sources of energy,
319-(ii) the potential effects on the public health and safety of
320-all radioactive emissions from nuclear power plants, and (iii)
321-all other factors that bear on the use of nuclear power or on
322-nuclear safety. The Illinois Emergency Management Agency shall
323-formulate a general nuclear policy for the State based on the
324-findings of the study. The policy shall include but not be
325-
326-
327-limited to the feasibility of continued use of nuclear power,
328-effects of the use of nuclear power on the public health and
329-safety, minimum acceptable standards for the location of any
330-future nuclear power plants, and rules and regulations for the
331-reporting by public utilities of radioactive emissions from
332-power plants. The Illinois Emergency Management Agency shall
333-establish a reliable system for communication between the
334-public and the Illinois Emergency Management Agency and for
335-dissemination of information by the Illinois Emergency
336-Management Agency. The Illinois Emergency Management Agency
337-shall publicize the findings of all studies and make the
338-publications reasonably available to the public.
339-(Source: P.A. 101-149, eff. 7-26-19.)
340-(20 ILCS 3310/85)
341-Sec. 85. Saving clause.
342-(a) The rights, powers and duties transferred to the
343-Illinois Emergency Management Agency (now the Illinois
344-Emergency Management Agency and Office of Homeland Security)
345-by this Act shall be vested in and shall be exercised by the
346-Illinois Emergency Management Agency (now the Illinois
347-Emergency Management Agency and Office of Homeland Security).
348-Each act done in exercise of such rights, powers, and duties
349-shall have the same legal effect as if done by the Department
350-of Nuclear Safety, its divisions, officers, or employees.
351-(b) Every person or corporation shall be subject to the
352-
353-
354-same obligations and duties and any penalties, civil or
355-criminal, arising therefrom, and shall have the same rights
356-arising from the exercise of such powers, duties, rights and
357-responsibilities as had been exercised by the Department of
358-Nuclear Safety, its divisions, officers or employees.
359-(c) Every officer of the Illinois Emergency Management
360-Agency and Office of Homeland Security shall, for any offense,
361-be subject to the same penalty or penalties, civil or
362-criminal, as are prescribed by existing law for the same
363-offense by any officer whose powers or duties were transferred
364-under this Act.
365-(d) Whenever reports or notices are now required to be
366-made or given or papers or documents furnished or served by any
367-person to or upon the agencies and officers transferred by
368-this Act, the same shall be made, given, furnished, or served
369-in the same manner to or upon the Illinois Emergency
370-Management Agency (now the Illinois Emergency Management
371-Agency and Office of Homeland Security).
372-(e) This Act shall not affect any act done, ratified, or
373-canceled or any right occurring or established or any action
374-or proceeding had or commenced in an administrative, civil, or
375-criminal cause regarding the Department of Nuclear Safety
376-before this Act takes effect, but such actions or proceedings
377-may be prosecuted and continued by the Illinois Emergency
378-Management Agency (now the Illinois Emergency Management
379-Agency and Office of Homeland Security).
380-
381-
382-(f) Any rules of the Department of Nuclear Safety that are
383-in full force on the effective date of this Act and that have
384-been duly adopted by the Illinois Emergency Management Agency
385-(now the Illinois Emergency Management Agency and Office of
386-Homeland Security) shall become the rules of the Illinois
387-Emergency Management Agency (now the Illinois Emergency
388-Management Agency and Office of Homeland Security). This Act
389-shall not affect the legality of any such rules in the Illinois
390-Administrative Code. Any proposed rules filed with the
391-Secretary of State by the Department of Nuclear Safety that
392-are pending in the rulemaking process on the effective date of
393-this Act, shall be deemed to have been filed by the Illinois
394-Emergency Management Agency (now the Illinois Emergency
395-Management Agency and Office of Homeland Security). As soon as
396-practicable hereafter, the Illinois Emergency Management
397-Agency (now the Illinois Emergency Management Agency and
398-Office of Homeland Security) shall revise and clarify the
399-rules transferred to it under this Act to reflect the
400-reorganization of rights, powers, and duties effected by this
401-Act using the procedures for recodification of rules available
402-under the Illinois Administrative Procedure Act, except that
403-existing title, part, and section numbering for the affected
404-rules may be retained. The Illinois Emergency Management
405-Agency and Office of Homeland Security may propose and adopt
406-under the Illinois Administrative Procedure Act such other
407-rules of the reorganized agencies that will now be
408-
409-
410-administered by the Illinois Emergency Management Agency and
411-Office of Homeland Security.
412-(g) If any provision of this Act or its application to any
413-person or circumstances is held invalid by any court of
414-competent jurisdiction, this invalidity does not affect any
415-other provision or application. To achieve this purpose, the
416-provisions of this Act are declared to be severable.
417-(Source: P.A. 93-1029, eff. 8-25-04.)
418-(20 ILCS 3310/90 new)
419-Sec. 90. Small modular reactor study.
420-(a) The Governor may commission a study on the potential
421-for development of small modular reactors in this State. No
422-later than January 1, 2025, subject to appropriation, the
423-Governor is authorized to commission a study, led by the
424-Illinois Emergency Management Agency and Office of Homeland
425-Security, to research the State's role in guiding the
426-development of small modular reactors.
427-IEMA-OHS shall publish a draft of the study for a 30-day
428-public comment period. After the conclusion of the public
429-comment period, IEMA-OHS shall finalize the study, post a
430-publicly available copy on its website, and submit a copy to
431-the General Assembly.
432-(b) The study shall include, at a minimum, the following:
433-(1) a review of the current state of small modular
434-reactor technologies and the characteristics of nuclear
435-
436-
437-reactor technologies currently under research and
438-development and expected to enter the market by 2040;
439-(2) a review of the following federal regulatory and
440-permitting issues concerning small modular reactors:
441-(A) current and proposed permitting and approval
442-processes for small modular reactors conducted by
443-federal agencies, including, but not limited to, the
444-Nuclear Regulatory Commission, the Federal Emergency
445-Management Agency, and the United States Environmental
446-Protection Agency;
447-(B) the projected timeline of such federal
448-permitting and approval processes;
449-(C) federal regulation of small modular reactors
450-over the life of those facilities; and
451-(D) federal regulation of the storage and disposal
452-of wastes generated by those facilities;
453-(3) a review of the following State and local
454-regulatory and permitting issues concerning small modular
455-reactors and other sources of electricity generation:
456-(A) current and proposed State and local
457-permitting and approval processes for small modular
458-reactors and other sources of electricity generation,
459-as applicable;
460-(B) State and local regulation of small modular
461-reactors and other sources of electricity generation
462-over the life of those facilities; and
463-
464-
465-(C) State and local regulation of the storage and
466-disposal of wastes generated by those facilities;
467-(4) a review of the following small modular reactor
468-regulatory and permitting issues in other state and local
469-jurisdictions;
470-(A) current and proposed State and local
471-permitting and approval processes for small modular
472-reactors in other state and local jurisdictions;
473-(B) regulation by other state and local
474-jurisdictions of small modular reactors over the life
475-of those facilities; and
476-(C) regulation by other state and local
477-jurisdictions of the storage and disposal of wastes
478-generated by those facilities;
479-(5) a risk analysis of the potential impacts to the
480-health and well-being of the people of the State,
481-including benefits from the reduction in carbon emissions,
482-associated with the development of small modular reactors;
483-(6) an analysis on the impact the deployment of small
484-modular reactors will have on resource adequacy in
485-Illinois regional power grids and on the costs to
486-electricity consumers; and
487-(7) an analysis of potential water sources for use by
488-small modular reactors and whether such usage would
489-jeopardize public consumption, future supply, or natural
490-conditions of such water source.
491-
492-
493-(c) This Section is repealed on January 1, 2027.
494-Section 10. The Radioactive Waste Compact Enforcement Act
495-is amended by changing Sections 15 and 25 as follows:
496-(45 ILCS 141/15)
497-Sec. 15. Definitions. In this Act:
498-"IEMA-OHS" means the Illinois Emergency Management Agency
499-and Office of Homeland Security, or its successor agency.
500-"Commission" means the Central Midwest Interstate
501-Low-Level Radioactive Waste Commission.
502-"Compact" means the Central Midwest Interstate Low-Level
503-Radioactive Waste Compact.
504-"Director" means the Director of IEMA-OHS.
505-"Disposal" means the isolation of waste from the biosphere
506-in a permanent facility designed for that purpose.
507-"Facility" means a parcel of land or site, together with
508-the structures, equipment, and improvements on or appurtenant
509-to the land or site, that is used or is being developed for the
510-treatment, storage or disposal of low-level radioactive waste.
511-"Low-level radioactive waste" or "waste" means radioactive
512-waste not classified as (1) high-level radioactive waste, (2)
513-transuranic waste, (3) spent nuclear fuel, or (4) byproduct
514-material as defined in Sections 11e(2), 11e(3), and 11e(4) of
515-the Atomic Energy Act (42 U.S.C. 2014). This definition shall
516-apply notwithstanding any declaration by the federal
517-
518-
519-government, a state, or any regulatory agency that any
520-radioactive material is exempt from any regulatory control.
521-"Management plan" means the plan adopted by the Commission
522-for the storage, transportation, treatment and disposal of
523-waste within the region.
524-"Nuclear facilities" means nuclear power plants,
525-facilities housing nuclear test and research reactors,
526-facilities for the chemical conversion of uranium, and
527-facilities for the storage of spent nuclear fuel or high-level
528-radioactive waste.
529-"Nuclear power plant" or "nuclear steam-generating
530-facility" means a thermal power plant in which the energy
531-(heat) released by the fissioning of nuclear fuel is used to
532-boil water to produce steam.
533-"Nuclear power reactor" means an apparatus, other than an
534-atomic weapon, designed or used to sustain nuclear fission in
535-a self-supporting chain reaction.
536-"Person" means any individual, corporation, business
537-enterprise or other legal entity, public or private, and any
538-legal successor, representative, agent or agency of that
539-individual, corporation, business enterprise, or legal entity.
540-"Region" means the geographical area of the State of
541-Illinois and the Commonwealth of Kentucky.
542-"Regional Facility" means any facility as defined in this
543-Act that is (1) located in Illinois, and (2) established by
544-Illinois pursuant to designation of Illinois as a host state
545-
546-
547-by the Commission.
548-"Small modular reactor" or "SMR" means an advanced nuclear
549-reactor: (1) with a rated nameplate capacity of 300 electrical
550-megawatts or less; and (2) that may be constructed and
551-operated in combination with similar reactors at a single
552-site.
553-"Storage" means the temporary holding of radioactive
554-material for treatment or disposal.
555-"Treatment" means any method, technique or process,
556-including storage for radioactive decay, designed to change
557-the physical, chemical, or biological characteristics of the
558-radioactive material in order to render the radioactive
559-material safe for transport or management, amenable to
560-recovery, convertible to another usable material, or reduced
561-in volume.
562-(Source: P.A. 103-306, eff. 7-28-23.)
563-(45 ILCS 141/25)
564-Sec. 25. Enforcement.
565-(a) The Illinois Emergency Management Agency (Agency)
566-shall adopt regulations to administer and enforce the
567-provisions of this Act. The regulations shall be adopted with
568-the consultation and cooperation of the Commission.
569-Regulations adopted by the Agency under this Act shall
570-prohibit the shipment into or acceptance of waste in Illinois
571-if the shipment or acceptance would result in a violation of
572-
573-
574-any provision of the Compact or this Act.
575-(b) The Agency may, by regulation, impose conditions on
576-the shipment into or acceptance of waste in Illinois that the
577-Agency determines to be reasonable and necessary to enforce
578-the provisions of this Act. The conditions may include, but
579-are not limited to (i) requiring prior notification of any
580-proposed shipment or receipt of waste; (ii) requiring the
581-shipper or recipient to identify the location to which the
582-waste will be sent for disposal following treatment or storage
583-in Illinois; (iii) limiting the time that waste from outside
584-Illinois may be held in Illinois; (iv) requiring the shipper
585-or recipient to post bond or by other mechanism to assure that
586-radioactive material will not be treated, stored, or disposed
587-of in Illinois in violation of any provision of this Act; (v)
588-requiring that the shipper consent to service of process
589-before shipment of waste into Illinois.
590-(c) The Agency shall, by regulation, impose a system of
591-civil penalties in accordance with the provisions of this Act.
592-Amounts recovered under these regulations shall be deposited
593-in the Low-Level Radioactive Waste Facility Development and
594-Operation Fund.
595-(d) The regulations adopted by the Agency may provide for
596-the granting of exemptions, but only upon a showing by the
597-applicant that the granting of an exemption would be
598-consistent with the Compact.
599-(Source: P.A. 95-777, eff. 8-4-08.)
600-
601-
602-Section 15. The Public Utilities Act is amended by
603-changing Section 8-406 as follows:
604-(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
605-Sec. 8-406. Certificate of public convenience and
606-necessity.
607-(a) No public utility not owning any city or village
608-franchise nor engaged in performing any public service or in
609-furnishing any product or commodity within this State as of
610-July 1, 1921 and not possessing a certificate of public
611-convenience and necessity from the Illinois Commerce
612-Commission, the State Public Utilities Commission, or the
613-Public Utilities Commission, at the time Public Act 84-617
614-goes into effect (January 1, 1986), shall transact any
615-business in this State until it shall have obtained a
616-certificate from the Commission that public convenience and
617-necessity require the transaction of such business. A
618-certificate of public convenience and necessity requiring the
619-transaction of public utility business in any area of this
620-State shall include authorization to the public utility
621-receiving the certificate of public convenience and necessity
622-to construct such plant, equipment, property, or facility as
623-is provided for under the terms and conditions of its tariff
624-and as is necessary to provide utility service and carry out
625-the transaction of public utility business by the public
626-
627-
628-utility in the designated area.
629-(b) No public utility shall begin the construction of any
630-new plant, equipment, property, or facility which is not in
631-substitution of any existing plant, equipment, property, or
632-facility, or any extension or alteration thereof or in
633-addition thereto, unless and until it shall have obtained from
634-the Commission a certificate that public convenience and
635-necessity require such construction. Whenever after a hearing
636-the Commission determines that any new construction or the
637-transaction of any business by a public utility will promote
638-the public convenience and is necessary thereto, it shall have
639-the power to issue certificates of public convenience and
640-necessity. The Commission shall determine that proposed
641-construction will promote the public convenience and necessity
642-only if the utility demonstrates: (1) that the proposed
643-construction is necessary to provide adequate, reliable, and
644-efficient service to its customers and is the least-cost means
645-of satisfying the service needs of its customers or that the
646-proposed construction will promote the development of an
647-effectively competitive electricity market that operates
648-efficiently, is equitable to all customers, and is the least
649-cost means of satisfying those objectives; (2) that the
650-utility is capable of efficiently managing and supervising the
651-construction process and has taken sufficient action to ensure
652-adequate and efficient construction and supervision thereof;
653-and (3) that the utility is capable of financing the proposed
654-
655-
656-construction without significant adverse financial
657-consequences for the utility or its customers.
658-(b-5) As used in this subsection (b-5):
659-"Qualifying direct current applicant" means an entity that
660-seeks to provide direct current bulk transmission service for
661-the purpose of transporting electric energy in interstate
662-commerce.
663-"Qualifying direct current project" means a high voltage
664-direct current electric service line that crosses at least one
665-Illinois border, the Illinois portion of which is physically
666-located within the region of the Midcontinent Independent
667-System Operator, Inc., or its successor organization, and runs
668-through the counties of Pike, Scott, Greene, Macoupin,
669-Montgomery, Christian, Shelby, Cumberland, and Clark, is
670-capable of transmitting electricity at voltages of 345
671-kilovolts or above, and may also include associated
672-interconnected alternating current interconnection facilities
673-in this State that are part of the proposed project and
674-reasonably necessary to connect the project with other
675-portions of the grid.
676-Notwithstanding any other provision of this Act, a
677-qualifying direct current applicant that does not own,
678-control, operate, or manage, within this State, any plant,
679-equipment, or property used or to be used for the transmission
680-of electricity at the time of its application or of the
681-Commission's order may file an application on or before
682-
683-
684-December 31, 2023 with the Commission pursuant to this Section
685-or Section 8-406.1 for, and the Commission may grant, a
686-certificate of public convenience and necessity to construct,
687-operate, and maintain a qualifying direct current project. The
688-qualifying direct current applicant may also include in the
689-application requests for authority under Section 8-503. The
690-Commission shall grant the application for a certificate of
691-public convenience and necessity and requests for authority
692-under Section 8-503 if it finds that the qualifying direct
693-current applicant and the proposed qualifying direct current
694-project satisfy the requirements of this subsection and
695-otherwise satisfy the criteria of this Section or Section
696-8-406.1 and the criteria of Section 8-503, as applicable to
697-the application and to the extent such criteria are not
698-superseded by the provisions of this subsection. The
699-Commission's order on the application for the certificate of
700-public convenience and necessity shall also include the
701-Commission's findings and determinations on the request or
702-requests for authority pursuant to Section 8-503. Prior to
703-filing its application under either this Section or Section
704-8-406.1, the qualifying direct current applicant shall conduct
705-3 public meetings in accordance with subsection (h) of this
706-Section. If the qualifying direct current applicant
707-demonstrates in its application that the proposed qualifying
708-direct current project is designed to deliver electricity to a
709-point or points on the electric transmission grid in either or
710-
711-
712-both the PJM Interconnection, LLC or the Midcontinent
713-Independent System Operator, Inc., or their respective
714-successor organizations, the proposed qualifying direct
715-current project shall be deemed to be, and the Commission
716-shall find it to be, for public use. If the qualifying direct
717-current applicant further demonstrates in its application that
718-the proposed transmission project has a capacity of 1,000
719-megawatts or larger and a voltage level of 345 kilovolts or
720-greater, the proposed transmission project shall be deemed to
721-satisfy, and the Commission shall find that it satisfies, the
722-criteria stated in item (1) of subsection (b) of this Section
723-or in paragraph (1) of subsection (f) of Section 8-406.1, as
724-applicable to the application, without the taking of
725-additional evidence on these criteria. Prior to the transfer
726-of functional control of any transmission assets to a regional
727-transmission organization, a qualifying direct current
728-applicant shall request Commission approval to join a regional
729-transmission organization in an application filed pursuant to
730-this subsection (b-5) or separately pursuant to Section 7-102
731-of this Act. The Commission may grant permission to a
732-qualifying direct current applicant to join a regional
733-transmission organization if it finds that the membership, and
734-associated transfer of functional control of transmission
735-assets, benefits Illinois customers in light of the attendant
736-costs and is otherwise in the public interest. Nothing in this
737-subsection (b-5) requires a qualifying direct current
738-
739-
740-applicant to join a regional transmission organization.
741-Nothing in this subsection (b-5) requires the owner or
742-operator of a high voltage direct current transmission line
743-that is not a qualifying direct current project to obtain a
744-certificate of public convenience and necessity to the extent
745-it is not otherwise required by this Section 8-406 or any other
746-provision of this Act.
747-(c) As used in this subsection (c):
748-"Decommissioning" has the meaning given to that term in
749-subsection (a) of Section 8-508.1.
750-"Nuclear power reactor" has the meaning given to that term
751-in Section 8 of the Nuclear Safety Law of 2004.
752-After the effective date of this amendatory Act of the
753-103rd General Assembly September 11, 1987 (the effective date
754-of Public Act 85-377), no construction shall commence on any
755-new nuclear power reactor with a nameplate capacity of more
756-than 300 megawatts of electricity plant to be located within
757-this State, and no certificate of public convenience and
758-necessity or other authorization shall be issued therefor by
759-the Commission, until the Illinois Emergency Management Agency
760-and Office of Homeland Security, in consultation with Director
761-of the Illinois Environmental Protection Agency and the
762-Illinois Department of Natural Resources, finds that the
763-United States Government, through its authorized agency, has
764-identified and approved a demonstrable technology or means for
765-the disposal of high level nuclear waste, or until such
766-
767-
768-construction has been specifically approved by a statute
769-enacted by the General Assembly. Beginning January 1, 2026,
770-construction may commence on a new nuclear power reactor with
771-a nameplate capacity of 300 megawatts of electricity or less
772-within this State if the entity constructing the new nuclear
773-power reactor has obtained all permits, licenses, permissions,
774-or approvals governing the construction, operation, and
775-funding of decommissioning of such nuclear power reactors
776-required by: (1) this Act; (2) any rules adopted by the
777-Illinois Emergency Management Agency and Office of Homeland
778-Security under the authority of this Act; (3) any applicable
779-federal statutes, including, but not limited to, the Atomic
780-Energy Act of 1954, the Energy Reorganization Act of 1974, the
781-Low-Level Radioactive Waste Policy Amendments Act of 1985, and
782-the Energy Policy Act of 1992; (4) any regulations promulgated
783-or enforced by the U.S. Nuclear Regulatory Commission,
784-including, but not limited to, those codified at Title X,
785-Parts 20, 30, 40, 50, 70, and 72 of the Code of Federal
786-Regulations, as from time to time amended; and (5) any other
787-federal or State statute, rule, or regulation governing the
788-permitting, licensing, operation, or decommissioning of such
789-nuclear power reactors. None of the rules developed by the
790-Illinois Emergency Management Agency and Office of Homeland
791-Security or any other State agency, board, or commission
792-pursuant to this Act shall be construed to supersede the
793-authority of the U.S. Nuclear Regulatory Commission. The
794-
795-
796-changes made by this amendatory Act of the 103rd General
797-Assembly shall not apply to the uprate, renewal, or subsequent
798-renewal of any license for an existing nuclear power reactor
799-that began operation prior to the effective date of this
800-amendatory Act of the 103rd General Assembly.
801-None of the changes made in this amendatory Act of the
802-103rd General Assembly are intended to authorize the
803-construction of nuclear power plants powered by nuclear power
804-reactors that are not either: (1) small modular nuclear
805-reactors; or (2) nuclear power reactors licensed by the U.S.
806-Nuclear Regulatory Commission to operate in this State prior
807-to the effective date of this amendatory Act of the 103rd
808-General Assembly.
809-As used in this Section, "high level nuclear waste" means
810-those aqueous wastes resulting from the operation of the first
811-cycle of the solvent extraction system or equivalent and the
812-concentrated wastes of the subsequent extraction cycles or
813-equivalent in a facility for reprocessing irradiated reactor
814-fuel and shall include spent fuel assemblies prior to fuel
815-reprocessing.
816-(d) In making its determination under subsection (b) of
817-this Section, the Commission shall attach primary weight to
818-the cost or cost savings to the customers of the utility. The
819-Commission may consider any or all factors which will or may
820-affect such cost or cost savings, including the public
821-utility's engineering judgment regarding the materials used
822-
823-
824-for construction.
825-(e) The Commission may issue a temporary certificate which
826-shall remain in force not to exceed one year in cases of
827-emergency, to assure maintenance of adequate service or to
828-serve particular customers, without notice or hearing, pending
829-the determination of an application for a certificate, and may
830-by regulation exempt from the requirements of this Section
831-temporary acts or operations for which the issuance of a
832-certificate will not be required in the public interest.
833-A public utility shall not be required to obtain but may
834-apply for and obtain a certificate of public convenience and
835-necessity pursuant to this Section with respect to any matter
836-as to which it has received the authorization or order of the
837-Commission under the Electric Supplier Act, and any such
838-authorization or order granted a public utility by the
839-Commission under that Act shall as between public utilities be
840-deemed to be, and shall have except as provided in that Act the
841-same force and effect as, a certificate of public convenience
842-and necessity issued pursuant to this Section.
843-No electric cooperative shall be made or shall become a
844-party to or shall be entitled to be heard or to otherwise
845-appear or participate in any proceeding initiated under this
846-Section for authorization of power plant construction and as
847-to matters as to which a remedy is available under the Electric
848-Supplier Act.
849-(f) Such certificates may be altered or modified by the
850-
851-
852-Commission, upon its own motion or upon application by the
853-person or corporation affected. Unless exercised within a
854-period of 2 years from the grant thereof, authority conferred
855-by a certificate of convenience and necessity issued by the
856-Commission shall be null and void.
857-No certificate of public convenience and necessity shall
858-be construed as granting a monopoly or an exclusive privilege,
859-immunity or franchise.
860-(g) A public utility that undertakes any of the actions
861-described in items (1) through (3) of this subsection (g) or
862-that has obtained approval pursuant to Section 8-406.1 of this
863-Act shall not be required to comply with the requirements of
864-this Section to the extent such requirements otherwise would
865-apply. For purposes of this Section and Section 8-406.1 of
866-this Act, "high voltage electric service line" means an
867-electric line having a design voltage of 100,000 or more. For
868-purposes of this subsection (g), a public utility may do any of
869-the following:
870-(1) replace or upgrade any existing high voltage
871-electric service line and related facilities,
872-notwithstanding its length;
873-(2) relocate any existing high voltage electric
874-service line and related facilities, notwithstanding its
875-length, to accommodate construction or expansion of a
876-roadway or other transportation infrastructure; or
877-(3) construct a high voltage electric service line and
878-
879-
880-related facilities that is constructed solely to serve a
881-single customer's premises or to provide a generator
882-interconnection to the public utility's transmission
883-system and that will pass under or over the premises owned
884-by the customer or generator to be served or under or over
885-premises for which the customer or generator has secured
886-the necessary right of way.
887-(h) A public utility seeking to construct a high-voltage
888-electric service line and related facilities (Project) must
889-show that the utility has held a minimum of 2 pre-filing public
890-meetings to receive public comment concerning the Project in
891-each county where the Project is to be located, no earlier than
892-6 months prior to filing an application for a certificate of
893-public convenience and necessity from the Commission. Notice
894-of the public meeting shall be published in a newspaper of
895-general circulation within the affected county once a week for
896-3 consecutive weeks, beginning no earlier than one month prior
897-to the first public meeting. If the Project traverses 2
898-contiguous counties and where in one county the transmission
899-line mileage and number of landowners over whose property the
900-proposed route traverses is one-fifth or less of the
901-transmission line mileage and number of such landowners of the
902-other county, then the utility may combine the 2 pre-filing
903-meetings in the county with the greater transmission line
904-mileage and affected landowners. All other requirements
905-regarding pre-filing meetings shall apply in both counties.
906-
907-
908-Notice of the public meeting, including a description of the
909-Project, must be provided in writing to the clerk of each
910-county where the Project is to be located. A representative of
911-the Commission shall be invited to each pre-filing public
912-meeting.
913-(i) For applications filed after August 18, 2015 (the
914-effective date of Public Act 99-399), the Commission shall, by
915-certified mail, notify each owner of record of land, as
916-identified in the records of the relevant county tax assessor,
917-included in the right-of-way over which the utility seeks in
918-its application to construct a high-voltage electric line of
919-the time and place scheduled for the initial hearing on the
920-public utility's application. The utility shall reimburse the
921-Commission for the cost of the postage and supplies incurred
922-for mailing the notice.
923-(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
924-102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
925-Section 20. The Environmental Protection Act is amended by
926-changing Sections 25a-1 and 25b as follows:
927-(415 ILCS 5/25a-1) (from Ch. 111 1/2, par. 1025a-1)
928-Sec. 25a-1. At least 60 days before beginning the
929-decommissioning of any nuclear power plant located in this
930-State, the owner or operator of the plant shall file, for
931-information purposes only, a copy of the decommissioning plan
932-
933-
934-for the plant with the Agency and a copy with the Illinois
935-Emergency Management Agency and Office of Homeland Security,
936-or its successor agency.
937-(Source: P.A. 95-777, eff. 8-4-08.)
938-(415 ILCS 5/25b) (from Ch. 111 1/2, par. 1025b)
939-Sec. 25b. Any person, corporation or public authority
940-intending to construct a nuclear steam-generating facility or
941-a nuclear fuel reprocessing plant shall file with the Illinois
942-Emergency Management Agency and Office of Homeland Security,
943-or its successor agency, an environmental feasibility report
944-which incorporates the data provided in the preliminary safety
945-analysis required to be filed with the United States Nuclear
946-Regulatory Commission. The Board may by rule prescribe the
947-form of such report. In consultation with the Illinois
948-Emergency Management Agency and Office of Homeland Security
949-and the Illinois Environmental Protection Agency, the The
950-Board shall have the power to adopt standards to protect the
951-health, safety and welfare of the citizens of Illinois from
952-the hazards of radiation to the extent that such powers are not
953-preempted under the federal constitution.
954-(Source: P.A. 95-777, eff. 8-4-08.)
955-Section 25. The Illinois Nuclear Safety Preparedness Act
956-is amended by adding Section 2.5 and by changing Section 3 as
957-follows:
958-
959-
960-(420 ILCS 5/2.5 new)
961-Sec. 2.5. Applicability. This Act does not apply to small
962-modular reactors.
963-(420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
964-Sec. 3. Definitions. Unless the context otherwise clearly
965-requires, as used in this Act:
966-(1) "Agency" or "IEMA-OHS" means the Illinois Emergency
967-Management Agency and Office of Homeland Security, or its
968-successor agency of the State of Illinois.
969-(2) "Director" means the Director of the Illinois
970-Emergency Management Agency.
971-(3) "Person" means any individual, corporation,
972-partnership, firm, association, trust, estate, public or
973-private institution, group, agency, political subdivision of
974-this State, any other state or political subdivision or agency
975-thereof, and any legal successor, representative, agent, or
976-agency of the foregoing.
977-(4) "NRC" means the United States Nuclear Regulatory
978-Commission or any agency which succeeds to its functions in
979-the licensing of nuclear power reactors or facilities for
980-storing spent nuclear fuel.
981-(5) "High-level radioactive waste" means (1) the highly
982-radioactive material resulting from the reprocessing of spent
983-nuclear fuel including liquid waste produced directly in
984-
985-
986-reprocessing and any solid material derived from such liquid
987-waste that contains fission products in sufficient
988-concentrations; and (2) the highly radioactive material that
989-the NRC has determined to be high-level radioactive waste
990-requiring permanent isolation.
991-(6) "Nuclear facilities" means nuclear power plants,
992-facilities housing nuclear test and research reactors,
993-facilities for the chemical conversion of uranium, and
994-facilities for the storage of spent nuclear fuel or high-level
995-radioactive waste.
996-(7) "Spent nuclear fuel" means fuel that has been
997-withdrawn from a nuclear reactor following irradiation, the
998-constituent elements of which have not been separated by
999-reprocessing.
1000-(8) "Transuranic waste" means material contaminated with
1001-elements that have an atomic number greater than 92, including
1002-neptunium, plutonium, americium, and curium, excluding
1003-radioactive wastes shipped to a licensed low-level radioactive
1004-waste disposal facility.
1005-(9) "Highway route controlled quantity of radioactive
1006-materials" means that quantity of radioactive materials
1007-defined as a highway route controlled quantity under rules of
1008-the United States Department of Transportation, or any
1009-successor agency.
1010-(10) "Nuclear power plant" or "nuclear steam-generating
1011-facility" means a thermal power plant in which the energy
1012-
1013-
1014-(heat) released by the fissioning of nuclear fuel is used to
1015-boil water to produce steam.
1016-(11) "Nuclear power reactor" means an apparatus, other
1017-than an atomic weapon, designed or used to sustain nuclear
1018-fission in a self-supporting chain reaction.
1019-(12) "Small modular reactor" or "SMR" means an advanced
1020-nuclear reactor: (1) with a rated nameplate capacity of 300
1021-electrical megawatts or less; and (2) that may be constructed
1022-and operated in combination with similar reactors at a single
1023-site.
1024-(Source: P.A. 93-1029, eff. 8-25-04.)
1025-Section 30. The Illinois Nuclear Facility Safety Act is
1026-amended by changing Section 2 and adding Sections 2.5 and 3.5
1027-as follows:
1028-(420 ILCS 10/2) (from Ch. 111 1/2, par. 4352)
1029-Sec. 2. Policy statement. It is declared to be the policy
1030-of the State of Illinois to prevent accidents at nuclear
1031-facilities in Illinois for the economic well-being of the
1032-People of the State of Illinois and for the health and safety
1033-of workers at nuclear facilities and private citizens who
1034-could be injured as a result of releases of radioactive
1035-materials from nuclear facilities. It is the intent of the
1036-General Assembly that this Act should be construed
1037-consistently with federal law to maximize the role of the
1038-
1039-
1040-State in contributing to safety at nuclear facilities in
1041-Illinois. It is the intent of the General Assembly that the
1042-Illinois Emergency Management Agency should not take any
1043-actions which are preempted by federal law or engage in dual
1044-regulation of nuclear facilities, unless dual regulation is
1045-allowed by federal law and policies of the Nuclear Regulatory
1046-Commission. In implementing its responsibilities under this
1047-Act, the Agency shall not take any action which interferes
1048-with the safe operation of a nuclear facility.
1049-(Source: P.A. 95-777, eff. 8-4-08.)
1050-(420 ILCS 10/2.5 new)
1051-Sec. 2.5. Applicability. This Act does not apply to small
1052-modular reactors.
1053-(420 ILCS 10/3.5 new)
1054-Sec. 3.5. Definitions. In this Act:
1055-"IEMA-OHS" means the Illinois Emergency Management Agency
1056-and Office of Homeland Security, or its successor agency.
1057-"Director" means the Director of IEMA-OHS.
1058-"Nuclear facilities" means nuclear power plants,
1059-facilities housing nuclear test and research reactors,
1060-facilities for the chemical conversion of uranium, and
1061-facilities for the storage of spent nuclear fuel or high-level
1062-radioactive waste.
1063-"Nuclear power plant" or "nuclear steam-generating
1064-
1065-
1066-facility" means a thermal power plant in which the energy
1067-(heat) released by the fissioning of nuclear fuel is used to
1068-boil water to produce steam.
1069-"Nuclear power reactor" means an apparatus, other than an
1070-atomic weapon, designed or used to sustain nuclear fission in
1071-a self-supporting chain reaction.
1072-"Small modular reactor" or "SMR" means an advanced nuclear
1073-reactor: (1) with a rated nameplate capacity of 300 electrical
1074-megawatts or less; and (2) that may be constructed and
1075-operated in combination with similar reactors at a single
1076-site.
1077-Section 35. The Illinois Low-Level Radioactive Waste
1078-Management Act is amended by changing Sections 2, 3, and 13 as
1079-follows:
1080-(420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2)
1081-Sec. 2. (a) The General Assembly finds:
1082-(1) that low-level radioactive wastes are produced in
1083-this State with even greater volumes to be produced in the
1084-future;
1085-(2) that such radioactive wastes pose a significant
1086-risk to the public health, safety and welfare of the
1087-people of Illinois; and
1088-(3) that it is the obligation of the State of Illinois
1089-to its citizens to provide for the safe management of the
1090-
1091-
1092-low-level radioactive wastes produced within its borders.
1093-(b) The Illinois Emergency Management Agency has attained
1094-federal agreement state status and thereby has assumed
1095-regulatory authority over low-level radioactive waste from the
1096-United States Nuclear Regulatory Commission under Section 274b
1097-of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is the
1098-purpose of this Act to establish a comprehensive program for
1099-the storage, treatment, and disposal of low-level radioactive
1100-wastes in Illinois. It is the intent of the General Assembly
1101-that the program provide for the management of these wastes in
1102-the safest manner possible and in a manner that creates the
1103-least risk to human health and the environment of Illinois and
1104-that the program encourage to the fullest extent possible the
1105-use of environmentally sound waste management practices
1106-alternative to land disposal including waste recycling,
1107-compaction, incineration and other methods to reduce the
1108-amount of wastes produced, and to ensure public participation
1109-in all phases of the development of this radioactive waste
1110-management program.
1111-(Source: P.A. 95-777, eff. 8-4-08.)
1112-(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
1113-Sec. 3. Definitions.
1114-"Agency" or "IEMA-OHS" means the Illinois Emergency
1115-Management Agency and Office of Homeland Security, or its
1116-successor agency.
1117-
1118-
1119-"Broker" means any person who takes possession of
1120-low-level waste for purposes of consolidation and shipment.
1121-"Compact" means the Central Midwest Interstate Low-Level
1122-Radioactive Waste Compact.
1123-"Decommissioning" means the measures taken at the end of a
1124-facility's operating life to assure the continued protection
1125-of the public from any residual radioactivity or other
1126-potential hazards present at a facility.
1127-"Director" means the Director of the Illinois Emergency
1128-Management Agency.
1129-"Disposal" means the isolation of waste from the biosphere
1130-in a permanent facility designed for that purpose.
1131-"Facility" means a parcel of land or site, together with
1132-structures, equipment and improvements on or appurtenant to
1133-the land or site, which is used or is being developed for the
1134-treatment, storage or disposal of low-level radioactive waste.
1135-"Facility" does not include lands, sites, structures or
1136-equipment used by a generator in the generation of low-level
1137-radioactive wastes.
1138-"Generator" means any person who produces or possesses
1139-low-level radioactive waste in the course of or incident to
1140-manufacturing, power generation, processing, medical diagnosis
1141-and treatment, research, education or other activity.
1142-"Hazardous waste" means a waste, or combination of wastes,
1143-which because of its quantity, concentration, or physical,
1144-chemical, or infectious characteristics may cause or
1145-
1146-
1147-significantly contribute to an increase in mortality or an
1148-increase in serious, irreversible, or incapacitating
1149-reversible, illness; or pose a substantial present or
1150-potential hazard to human health or the environment when
1151-improperly treated, stored, transported, or disposed of, or
1152-otherwise managed, and which has been identified, by
1153-characteristics or listing, as hazardous under Section 3001 of
1154-the Resource Conservation and Recovery Act of 1976, P.L.
1155-94-580 or under regulations of the Pollution Control Board.
1156-"High-level radioactive waste" means:
1157-(1) the highly radioactive material resulting from the
1158-reprocessing of spent nuclear fuel including liquid waste
1159-produced directly in reprocessing and any solid material
1160-derived from the liquid waste that contains fission
1161-products in sufficient concentrations; and
1162-(2) the highly radioactive material that the Nuclear
1163-Regulatory Commission has determined, on the effective
1164-date of this Amendatory Act of 1988, to be high-level
1165-radioactive waste requiring permanent isolation.
1166-"Low-level radioactive waste" or "waste" means radioactive
1167-waste not classified as (1) high-level radioactive waste, (2)
1168-transuranic waste, (3) spent nuclear fuel, or (4) byproduct
1169-material as defined in Sections 11e(2), 11e(3), and 11e(4) of
1170-the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
1171-definition shall apply notwithstanding any declaration by the
1172-federal government, a state, or any regulatory agency that any
1173-
1174-
1175-radioactive material is exempt from any regulatory control.
1176-"Mixed waste" means waste that is both "hazardous waste"
1177-and "low-level radioactive waste" as defined in this Act.
1178-"Nuclear facilities" means nuclear power plants,
1179-facilities housing nuclear test and research reactors,
1180-facilities for the chemical conversion of uranium, and
1181-facilities for the storage of spent nuclear fuel or high-level
1182-radioactive waste.
1183-"Nuclear power plant" or "nuclear steam-generating
1184-facility" means a thermal power plant in which the energy
1185-(heat) released by the fissioning of nuclear fuel is used to
1186-boil water to produce steam.
1187-"Nuclear power reactor" means an apparatus, other than an
1188-atomic weapon, designed or used to sustain nuclear fission in
1189-a self-supporting chain reaction.
1190-"Person" means an individual, corporation, business
1191-enterprise or other legal entity either public or private and
1192-any legal successor, representative, agent or agency of that
1193-individual, corporation, business enterprise, or legal entity.
1194-"Post-closure care" means the continued monitoring of the
1195-regional disposal facility after closure for the purposes of
1196-detecting a need for maintenance, ensuring environmental
1197-safety, and determining compliance with applicable licensure
1198-and regulatory requirements, and includes undertaking any
1199-remedial actions necessary to protect public health and the
1200-environment from radioactive releases from the facility.
1201-
1202-
1203-"Regional disposal facility" or "disposal facility" means
1204-the facility established by the State of Illinois under this
1205-Act for disposal away from the point of generation of waste
1206-generated in the region of the Compact.
1207-"Release" means any spilling, leaking, pumping, pouring,
1208-emitting, emptying, discharging, injecting, escaping,
1209-leaching, dumping or disposing into the environment of
1210-low-level radioactive waste.
1211-"Remedial action" means those actions taken in the event
1212-of a release or threatened release of low-level radioactive
1213-waste into the environment, to prevent or minimize the release
1214-of the waste so that it does not migrate to cause substantial
1215-danger to present or future public health or welfare or the
1216-environment. The term includes, but is not limited to, actions
1217-at the location of the release such as storage, confinement,
1218-perimeter protection using dikes, trenches or ditches, clay
1219-cover, neutralization, cleanup of released low-level
1220-radioactive wastes, recycling or reuse, dredging or
1221-excavations, repair or replacement of leaking containers,
1222-collection of leachate and runoff, onsite treatment or
1223-incineration, provision of alternative water supplies and any
1224-monitoring reasonably required to assure that these actions
1225-protect human health and the environment.
1226-"Scientific Surveys" means, collectively, the Illinois
1227-State Geological Survey and the Illinois State Water Survey of
1228-the University of Illinois.
1229-
1230-
1231-"Shallow land burial" means a land disposal facility in
1232-which radioactive waste is disposed of in or within the upper
1233-30 meters of the earth's surface. However, this definition
1234-shall not include an enclosed, engineered, structurally
1235-re-enforced and solidified bunker that extends below the
1236-earth's surface.
1237-"Small modular reactor" or "SMR" means an advanced nuclear
1238-reactor: (1) with a rated nameplate capacity of 300 electrical
1239-megawatts or less; and (2) that may be constructed and
1240-operated in combination with similar reactors at a single
1241-site.
1242-"Storage" means the temporary holding of waste for
1243-treatment or disposal for a period determined by Agency
1244-regulations.
1245-"Treatment" means any method, technique or process,
1246-including storage for radioactive decay, designed to change
1247-the physical, chemical or biological characteristics or
1248-composition of any waste in order to render the waste safer for
1249-transport, storage or disposal, amenable to recovery,
1250-convertible to another usable material or reduced in volume.
1251-"Waste management" means the storage, transportation,
1252-treatment or disposal of waste.
1253-(Source: P.A. 103-306, eff. 7-28-23.)
1254-(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
1255-Sec. 13. Waste fees.
1256-
1257-
1258-(a) The Agency shall collect a fee from each generator of
1259-low-level radioactive wastes in this State, except as
1260-otherwise provided in this subsection. Except as provided in
1261-subdivision (b)(2) and subsections (b), (c), and (d), the
1262-amount of the fee shall be $50.00 or the following amount,
1263-whichever is greater:
1264-(1) $1 per cubic foot of waste shipped for storage,
1265-treatment or disposal if storage of the waste for shipment
1266-occurred prior to September 7, 1984;
1267-(2) $2 per cubic foot of waste stored for shipment if
1268-storage of the waste occurs on or after September 7, 1984,
1269-but prior to October 1, 1985;
1270-(3) $3 per cubic foot of waste stored for shipment if
1271-storage of the waste occurs on or after October 1, 1985;
1272-(4) $2 per cubic foot of waste shipped for storage,
1273-treatment or disposal if storage of the waste for shipment
1274-occurs on or after September 7, 1984 but prior to October
1275-1, 1985, provided that no fee has been collected
1276-previously for storage of the waste;
1277-(5) $3 per cubic foot of waste shipped for storage,
1278-treatment or disposal if storage of the waste for shipment
1279-occurs on or after October 1, 1985, provided that no fees
1280-have been collected previously for storage of the waste.
1281-Such fees shall be collected annually or as determined by
1282-the Agency and shall be deposited in the low-level radioactive
1283-waste funds as provided in Section 14 of this Act.
1284-
1285-
1286-Notwithstanding any other provision of this Act, no fee under
1287-this Section shall be collected from a generator for waste
1288-generated incident to manufacturing before December 31, 1980,
1289-and shipped for disposal outside of this State before December
1290-31, 1992, as part of a site reclamation leading to license
1291-termination.
1292-Units of local government are exempt from the fee
1293-provisions of this subsection.
1294-(b)(1) Small modular reactors shall pay low-level
1295-radioactive waste fees in accordance with subsection (a).
1296-(2) Each nuclear power reactor in this State for which an
1297-operating license has been issued by the Nuclear Regulatory
1298-Commission shall not be subject to the fee required by
1299-subsection (a) with respect to (1) waste stored for shipment
1300-if storage of the waste occurs on or after January 1, 1986; and
1301-(2) waste shipped for storage, treatment or disposal if
1302-storage of the waste for shipment occurs on or after January 1,
1303-1986. In lieu of the fee, each reactor shall be required to pay
1304-an annual fee as provided in this subsection for the
1305-treatment, storage and disposal of low-level radioactive
1306-waste. Beginning with State fiscal year 1986 and through State
1307-fiscal year 1997, fees shall be due and payable on January 1st
1308-of each year. For State fiscal year 1998 and all subsequent
1309-State fiscal years, fees shall be due and payable on July 1 of
1310-each fiscal year. The fee due on July 1, 1997 shall be payable
1311-on that date, or within 10 days after the effective date of
1312-
1313-
1314-this amendatory Act of 1997, whichever is later.
1315-The owner of any nuclear power reactor that has an
1316-operating license issued by the Nuclear Regulatory Commission
1317-for any portion of State fiscal year 1998 shall continue to pay
1318-an annual fee of $90,000 for the treatment, storage, and
1319-disposal of low-level radioactive waste through State fiscal
1320-year 2002. The fee shall be due and payable on July 1 of each
1321-fiscal year. The fee due on July 1, 1998 shall be payable on
1322-that date, or within 10 days after the effective date of this
1323-amendatory Act of 1998, whichever is later. If the balance in
1324-the Low-Level Radioactive Waste Facility Development and
1325-Operation Fund falls below $500,000, as of the end of any
1326-fiscal year after fiscal year 2002, the Agency is authorized
1327-to assess by rule, after notice and a hearing, an additional
1328-annual fee to be paid by the owners of nuclear power reactors
1329-for which operating licenses have been issued by the Nuclear
1330-Regulatory Commission, except that no additional annual fee
1331-shall be assessed because of the fund balance at the end of
1332-fiscal year 2005 or the end of fiscal year 2006. The additional
1333-annual fee shall be payable on the date or dates specified by
1334-rule and shall not exceed $30,000 per operating reactor per
1335-year.
1336-(c) In each of State fiscal years 1988, 1989 and 1990, in
1337-addition to the fee imposed in subsections (b) and (d), the
1338-owner of each nuclear power reactor in this State for which an
1339-operating license has been issued by the Nuclear Regulatory
1340-
1341-
1342-Commission shall pay a fee of $408,000. If an operating
1343-license is issued during one of those 3 fiscal years, the owner
1344-shall pay a prorated amount of the fee equal to $1,117.80
1345-multiplied by the number of days in the fiscal year during
1346-which the nuclear power reactor was licensed.
1347-The fee shall be due and payable as follows: in fiscal year
1348-1988, $204,000 shall be paid on October 1, 1987 and $102,000
1349-shall be paid on each of January 1, 1988 and April 1, 1988; in
1350-fiscal year 1989, $102,000 shall be paid on each of July 1,
1351-1988, October 1, 1988, January 1, 1989 and April 1, 1989; and
1352-in fiscal year 1990, $102,000 shall be paid on each of July 1,
1353-1989, October 1, 1989, January 1, 1990 and April 1, 1990. If
1354-the operating license is issued during one of the 3 fiscal
1355-years, the owner shall be subject to those payment dates, and
1356-their corresponding amounts, on which the owner possesses an
1357-operating license and, on June 30 of the fiscal year of
1358-issuance of the license, whatever amount of the prorated fee
1359-remains outstanding.
1360-All of the amounts collected by the Agency under this
1361-subsection (c) shall be deposited into the Low-Level
1362-Radioactive Waste Facility Development and Operation Fund
1363-created under subsection (a) of Section 14 of this Act and
1364-expended, subject to appropriation, for the purposes provided
1365-in that subsection.
1366-(d) In addition to the fees imposed in subsections (b) and
1367-(c), the owners of nuclear power reactors in this State for
1368-
1369-
1370-which operating licenses have been issued by the Nuclear
1371-Regulatory Commission shall pay the following fees for each
1372-such nuclear power reactor: for State fiscal year 1989,
1373-$325,000 payable on October 1, 1988, $162,500 payable on
1374-January 1, 1989, and $162,500 payable on April 1, 1989; for
1375-State fiscal year 1990, $162,500 payable on July 1, $300,000
1376-payable on October 1, $300,000 payable on January 1 and
1377-$300,000 payable on April 1; for State fiscal year 1991,
1378-either (1) $150,000 payable on July 1, $650,000 payable on
1379-September 1, $675,000 payable on January 1, and $275,000
1380-payable on April 1, or (2) $150,000 on July 1, $130,000 on the
1381-first day of each month from August through December, $225,000
1382-on the first day of each month from January through March and
1383-$92,000 on the first day of each month from April through June;
1384-for State fiscal year 1992, $260,000 payable on July 1,
1385-$900,000 payable on September 1, $300,000 payable on October
1386-1, $150,000 payable on January 1, and $100,000 payable on
1387-April 1; for State fiscal year 1993, $100,000 payable on July
1388-1, $230,000 payable on August 1 or within 10 days after July
1389-31, 1992, whichever is later, and $355,000 payable on October
1390-1; for State fiscal year 1994, $100,000 payable on July 1,
1391-$75,000 payable on October 1 and $75,000 payable on April 1;
1392-for State fiscal year 1995, $100,000 payable on July 1,
1393-$75,000 payable on October 1, and $75,000 payable on April 1,
1394-for State fiscal year 1996, $100,000 payable on July 1,
1395-$75,000 payable on October 1, and $75,000 payable on April 1.
1396-
1397-
1398-The owner of any nuclear power reactor that has an operating
1399-license issued by the Nuclear Regulatory Commission for any
1400-portion of State fiscal year 1998 shall pay an annual fee of
1401-$30,000 through State fiscal year 2003. For State fiscal year
1402-2004 and subsequent fiscal years, the owner of any nuclear
1403-power reactor that has an operating license issued by the
1404-Nuclear Regulatory Commission shall pay an annual fee of
1405-$30,000 per reactor, provided that the fee shall not apply to a
1406-nuclear power reactor with regard to which the owner notified
1407-the Nuclear Regulatory Commission during State fiscal year
1408-1998 that the nuclear power reactor permanently ceased
1409-operations. The fee shall be due and payable on July 1 of each
1410-fiscal year. The fee due on July 1, 1998 shall be payable on
1411-that date, or within 10 days after the effective date of this
1412-amendatory Act of 1998, whichever is later. The fee due on July
1413-1, 1997 shall be payable on that date or within 10 days after
1414-the effective date of this amendatory Act of 1997, whichever
1415-is later. If the payments under this subsection for fiscal
1416-year 1993 due on January 1, 1993, or on April 1, 1993, or both,
1417-were due before the effective date of this amendatory Act of
1418-the 87th General Assembly, then those payments are waived and
1419-need not be made.
1420-All of the amounts collected by the Agency under this
1421-subsection (d) shall be deposited into the Low-Level
1422-Radioactive Waste Facility Development and Operation Fund
1423-created pursuant to subsection (a) of Section 14 of this Act
1424-
1425-
1426-and expended, subject to appropriation, for the purposes
1427-provided in that subsection.
1428-All payments made by licensees under this subsection (d)
1429-for fiscal year 1992 that are not appropriated and obligated
1430-by the Agency above $1,750,000 per reactor in fiscal year
1431-1992, shall be credited to the licensees making the payments
1432-to reduce the per reactor fees required under this subsection
1433-(d) for fiscal year 1993.
1434-(e) The Agency shall promulgate rules and regulations
1435-establishing standards for the collection of the fees
1436-authorized by this Section. The regulations shall include, but
1437-need not be limited to:
1438-(1) the records necessary to identify the amounts of
1439-low-level radioactive wastes produced;
1440-(2) the form and submission of reports to accompany
1441-the payment of fees to the Agency; and
1442-(3) the time and manner of payment of fees to the
1443-Agency, which payments shall not be more frequent than
1444-quarterly.
1445-(f) Any operating agreement entered into under subsection
1446-(b) of Section 5 of this Act between the Agency and any
1447-disposal facility contractor shall, subject to the provisions
1448-of this Act, authorize the contractor to impose upon and
1449-collect from persons using the disposal facility fees designed
1450-and set at levels reasonably calculated to produce sufficient
1451-revenues (1) to pay all costs and expenses properly incurred
1452-
1453-
1454-or accrued in connection with, and properly allocated to,
1455-performance of the contractor's obligations under the
1456-operating agreement, and (2) to provide reasonable and
1457-appropriate compensation or profit to the contractor under the
1458-operating agreement. For purposes of this subsection (f), the
1459-term "costs and expenses" may include, without limitation, (i)
1460-direct and indirect costs and expenses for labor, services,
1461-equipment, materials, insurance and other risk management
1462-costs, interest and other financing charges, and taxes or fees
1463-in lieu of taxes; (ii) payments to or required by the United
1464-States, the State of Illinois or any agency or department
1465-thereof, the Central Midwest Interstate Low-Level Radioactive
1466-Waste Compact, and subject to the provisions of this Act, any
1467-unit of local government; (iii) amortization of capitalized
1468-costs with respect to the disposal facility and its
1469-development, including any capitalized reserves; and (iv)
1470-payments with respect to reserves, accounts, escrows or trust
1471-funds required by law or otherwise provided for under the
1472-operating agreement.
1473-(g) (Blank).
1474-(h) (Blank).
1475-(i) (Blank).
1476-(j) (Blank).
1477-(j-5) Prior to commencement of facility operations, the
1478-Agency shall adopt rules providing for the establishment and
1479-collection of fees and charges with respect to the use of the
1480-
1481-
1482-disposal facility as provided in subsection (f) of this
1483-Section.
1484-(k) The regional disposal facility shall be subject to ad
1485-valorem real estate taxes lawfully imposed by units of local
1486-government and school districts with jurisdiction over the
1487-facility. No other local government tax, surtax, fee or other
1488-charge on activities at the regional disposal facility shall
1489-be allowed except as authorized by the Agency.
1490-(l) The Agency shall have the power, in the event that
1491-acceptance of waste for disposal at the regional disposal
1492-facility is suspended, delayed or interrupted, to impose
1493-emergency fees on the generators of low-level radioactive
1494-waste. Generators shall pay emergency fees within 30 days of
1495-receipt of notice of the emergency fees. The Department shall
1496-deposit all of the receipts of any fees collected under this
1497-subsection into the Low-Level Radioactive Waste Facility
1498-Development and Operation Fund created under subsection (b) of
1499-Section 14. Emergency fees may be used to mitigate the impacts
1500-of the suspension or interruption of acceptance of waste for
1501-disposal. The requirements for rulemaking in the Illinois
1502-Administrative Procedure Act shall not apply to the imposition
1503-of emergency fees under this subsection.
1504-(m) The Agency shall promulgate any other rules and
1505-regulations as may be necessary to implement this Section.
1506-(Source: P.A. 100-938, eff. 8-17-18.)
1507-
1508-
1509-Section 40. The Radioactive Waste Storage Act is amended
1510-by adding Section 0.05 and by changing Sections 1, 2, 3, 4, 5,
1511-and 6 as follows:
1512-(420 ILCS 35/0.05 new)
1513-Sec. 0.05. Definitions. In this Act:
1514-"IEMA-OHS" means the Illinois Emergency Management Agency
1515-and Office of Homeland Security, or its successor agency.
1516-"Director" means the Director of IEMA-OHS.
1517-"Nuclear power plant" or "nuclear steam-generating
1518-facility" means a thermal power plant in which the energy
1519-(heat) released by the fissioning of nuclear fuel is used to
1520-boil water to produce steam.
1521-"Nuclear facilities" means nuclear power plants,
1522-facilities housing nuclear test and research reactors,
1523-facilities for the chemical conversion of uranium, and
1524-facilities for the storage of spent nuclear fuel or high-level
1525-radioactive waste.
1526-"Nuclear power reactor" means an apparatus, other than an
1527-atomic weapon, designed or used to sustain nuclear fission in
1528-a self-supporting chain reaction.
1529-"Small modular reactor" or "SMR" means an advanced nuclear
1530-reactor: (1) with a rated nameplate capacity of 300 electrical
1531-megawatts or less; and (2) that may be constructed and
1532-operated in combination with similar reactors at a single
1533-site.
1534-
1535-
1536-(420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)
1537-Sec. 1. The Director of the Illinois Emergency Management
1538-Agency is authorized to acquire by private purchase,
1539-acceptance, or by condemnation in the manner provided for the
1540-exercise of the power of eminent domain under the Eminent
1541-Domain Act, any and all lands, buildings and grounds where
1542-radioactive by-products and wastes produced by industrial,
1543-medical, agricultural, scientific or other organizations can
1544-be concentrated, stored or otherwise disposed in a manner
1545-consistent with the public health and safety. Whenever, in the
1546-judgment of the Director of the Illinois Emergency Management
1547-Agency, it is necessary to relocate existing facilities for
1548-the construction, operation, closure or long-term care of a
1549-facility for the safe and secure disposal of low-level
1550-radioactive waste, the cost of relocating such existing
1551-facilities may be deemed a part of the disposal facility land
1552-acquisition and the Illinois Emergency Management Agency may,
1553-on behalf of the State, pay such costs. Existing facilities
1554-include public utilities, commercial or industrial facilities,
1555-residential buildings, and such other public or privately
1556-owned buildings as the Director of the Illinois Emergency
1557-Management Agency deems necessary for relocation. The Illinois
1558-Emergency Management Agency is authorized to operate a
1559-relocation program, and to pay such costs of relocation as are
1560-provided in the federal "Uniform Relocation Assistance and
1561-
1562-
1563-Real Property Acquisition Policies Act", Public Law 91-646.
1564-The Director of the Illinois Emergency Management Agency is
1565-authorized to exceed the maximum payments provided pursuant to
1566-the federal "Uniform Relocation Assistance and Real Property
1567-Acquisition Policies Act" if necessary to assure the provision
1568-of decent, safe, and sanitary housing, or to secure a suitable
1569-alternate location. Payments issued under this Section shall
1570-be made from the Low-level Radioactive Waste Facility
1571-Development and Operation Fund established by the Illinois
1572-Low-Level Radioactive Waste Management Act.
1573-(Source: P.A. 94-1055, eff. 1-1-07; 95-777, eff. 8-4-08.)
1574-(420 ILCS 35/2) (from Ch. 111 1/2, par. 230.2)
1575-Sec. 2. The Director of the Illinois Emergency Management
1576-Agency may accept, receive, and receipt for moneys or lands,
1577-buildings and grounds for and in behalf of the State, given by
1578-the Federal Government under any federal law to the State or by
1579-any other public or private agency, for the acquisition or
1580-operation of a site or sites for the concentration and storage
1581-of radioactive wastes. Such funds received by the Director
1582-pursuant to this section shall be deposited with the State
1583-Treasurer and held and disbursed by him in accordance with "An
1584-Act in relation to the receipt, custody, and disbursement of
1585-money allotted by the United States of America or any agency
1586-thereof for use in this State", approved July 3, 1939, as
1587-amended. Provided that such moneys or lands, buildings and
1588-
1589-
1590-grounds shall be used only for the purposes for which they are
1591-contributed.
1592-(Source: P.A. 95-777, eff. 8-4-08.)
1593-(420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3)
1594-Sec. 3. The Director of the Illinois Emergency Management
1595-Agency may lease such lands, buildings and grounds as it may
1596-acquire under the provisions of this Act to a private firm or
1597-firms for the purpose of operating a site or sites for the
1598-concentration and storage of radioactive wastes or for such
1599-other purpose not contrary to the public interests.
1600-(Source: P.A. 95-777, eff. 8-4-08.)
1601-(420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4)
1602-Sec. 4. The operation of any and all sites acquired for the
1603-concentration and storage of radioactive wastes shall be under
1604-the direct supervision of the Illinois Emergency Management
1605-Agency and shall be in accordance with regulations promulgated
1606-and enforced by the Agency to protect the public health and
1607-safety.
1608-(Source: P.A. 95-777, eff. 8-4-08.)
1609-(420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5)
1610-Sec. 5. The Director of the Illinois Emergency Management
1611-Agency is authorized to enter into contracts as he may deem
1612-necessary for carrying out the provisions of this Act. Such
1613-
1614-
1615-contracts may include the assessment of fees by the Agency.
1616-The fees required shall be established at a rate which
1617-provides an annual amount equal to the anticipated reasonable
1618-cost necessary to maintain, monitor, and otherwise supervise
1619-and care for lands and facilities as required in the interest
1620-of public health and safety.
1621-(Source: P.A. 95-777, eff. 8-4-08.)
1622-(420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6)
1623-Sec. 6. It is recognized by the General Assembly that any
1624-site used for the concentration and storage of radioactive
1625-waste material will represent a continuing and perpetual
1626-responsibility in the interests of the public health, safety
1627-and general welfare, and that the same must ultimately be
1628-reposed in a sovereign government without regard for the
1629-existence or nonexistence of any particular agency,
1630-instrumentality, department, division or officer thereof. In
1631-all instances lands, buildings and grounds which are to be
1632-designated as sites for the concentration and storage of
1633-radioactive waste materials shall be acquired in fee simple
1634-absolute and dedicated in perpetuity to such purpose. All
1635-rights, title and interest in, of and to any radioactive waste
1636-materials accepted by the Illinois Emergency Management Agency
1637-for permanent storage at such facilities, shall upon
1638-acceptance become the property of the State and shall be in all
1639-respects administered, controlled, and disposed of, including
1640-
1641-
1642-transfer by sale, lease, loan or otherwise, by the Agency in
1643-the name of the State. All fees received pursuant to contracts
1644-entered into by the Illinois Emergency Management Agency shall
1645-be deposited in the State Treasury and shall be set apart in a
1646-special fund to be known as the "Radioactive Waste Site
1647-Perpetual Care Fund". Monies deposited in the fund shall be
1648-expended by the Illinois Emergency Management Agency to
1649-monitor and maintain the site as required to protect the
1650-public health and safety on a continuing and perpetual basis.
1651-All payments received by the Department of Nuclear Safety (now
1652-the Illinois Emergency Management Agency) pursuant to the
1653-settlement agreement entered May 25, 1988, in the matter of
1654-the People of the State of Illinois, et al. v. Teledyne, Inc.,
1655-et al. (No. 78 MR 25, Circuit Court, Bureau County, Illinois)
1656-shall be held by the State Treasurer separate and apart from
1657-all public moneys or funds of the State, and shall be used only
1658-as provided in such settlement agreement.
1659-(Source: P.A. 95-777, eff. 8-4-08.)
1660-Section 45. The Radioactive Waste Tracking and Permitting
1661-Act is amended by changing Sections 5, 10, and 15 as follows:
1662-(420 ILCS 37/5)
1663-Sec. 5. Legislative findings.
1664-(a) The General Assembly finds:
1665-(1) that a considerable volume of wastes are produced
1666-
1667-
1668-in this State with even greater volumes to be produced in
1669-the future;
1670-(2) that these wastes pose a significant risk to the
1671-public health, safety and welfare of the people of
1672-Illinois; and
1673-(3) that it is the obligation of the State of Illinois
1674-to its citizens to provide for the safe management of the
1675-wastes produced within its borders.
1676-(b) It is the intent of this Act to authorize the Illinois
1677-Emergency Management Agency to establish, by regulation, a
1678-tracking system for the regulation of the use of facilities
1679-licensed under Section 8 of the Illinois Low-Level Radioactive
1680-Waste Management Act.
1681-(Source: P.A. 95-777, eff. 8-4-08.)
1682-(420 ILCS 37/10)
1683-Sec. 10. Definitions.
1684-(a) "Agency" or "IEMA-OHS" means the Illinois Emergency
1685-Management Agency and Office of Homeland Security, or its
1686-successor agency.
1687-(b) "Director" means the Director of the Illinois
1688-Emergency Management Agency.
1689-(c) "Disposal" means the isolation of waste from the
1690-biosphere in a permanent facility designed for that purpose.
1691-(d) "Facility" means a parcel of land or a site, together
1692-with structures, equipment, and improvements on or appurtenant
1693-
1694-
1695-to the land or site, that is used or is being developed for the
1696-treatment, storage, or disposal of low-level radioactive
1697-waste.
1698-(e) "Low-level radioactive waste" or "waste" means
1699-radioactive waste not classified as (1) high-level radioactive
1700-waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
1701-byproduct material as defined in Sections 11e(2), 11e(3), and
1702-11e(4) of the Atomic Energy Act (42 U.S.C. 2014). This
1703-definition shall apply notwithstanding any declaration by the
1704-federal government, a state, or any regulatory agency that any
1705-radioactive material is exempt from any regulatory control.
1706-(e-5) "Nuclear facilities" means nuclear power plants,
1707-facilities housing nuclear test and research reactors,
1708-facilities for the chemical conversion of uranium, and
1709-facilities for the storage of spent nuclear fuel or high-level
1710-radioactive waste.
1711-(e-10) "Nuclear power plant" or "nuclear steam-generating
1712-facility" means a thermal power plant in which the energy
1713-(heat) released by the fissioning of nuclear fuel is used to
1714-boil water to produce steam.
1715-(e-15) "Nuclear power reactor" means an apparatus, other
1716-than an atomic weapon, designed or used to sustain nuclear
1717-fission in a self-supporting chain reaction.
1718-(e-20) "Small modular reactor" or "SMR" means an advanced
1719-nuclear reactor: (1) with a rated nameplate capacity of 300
1720-electrical megawatts or less; and (2) that may be constructed
1721-
1722-
1723-and operated in combination with similar reactors at a single
1724-site.
1725-(f) "Person" means an individual, corporation, business
1726-enterprise, or other legal entity, public or private, or any
1727-legal successor, representative, agent, or agency of that
1728-individual, corporation, business enterprise, or legal entity.
1729-(g) "Regional facility" or "disposal facility" means a
1730-facility that is located in Illinois and established by
1731-Illinois, under designation of Illinois as a host state by the
1732-Commission for disposal of waste.
1733-(h) "Storage" means the temporary holding of waste for
1734-treatment or disposal for a period determined by Agency
1735-regulations.
1736-(i) "Treatment" means any method, technique, or process,
1737-including storage for radioactive decay, that is designed to
1738-change the physical, chemical, or biological characteristics
1739-or composition of any waste in order to render the waste safer
1740-for transport, storage, or disposal, amenable to recovery,
1741-convertible to another usable material, or reduced in volume.
1742-(Source: P.A. 103-306, eff. 7-28-23.)
1743-(420 ILCS 37/15)
1744-Sec. 15. Permit requirements for the storage, treatment,
1745-and disposal of waste at a disposal facility.
1746-(a) Upon adoption of regulations under subsection (c) of
1747-this Section, no person shall deposit any low-level
1748-
1749-
1750-radioactive waste at a storage, treatment, or disposal
1751-facility in Illinois licensed under Section 8 of the Illinois
1752-Low-Level Radioactive Waste Management Act without a permit
1753-granted by the Illinois Emergency Management Agency.
1754-(b) Upon adoption of regulations under subsection (c) of
1755-this Section, no person shall operate a storage, treatment, or
1756-disposal facility licensed under Section 8 of the Illinois
1757-Low-Level Radioactive Waste Management Act without a permit
1758-granted by the Illinois Emergency Management Agency.
1759-(c) The Illinois Emergency Management Agency shall adopt
1760-regulations providing for the issuance, suspension, and
1761-revocation of permits required under subsections (a) and (b)
1762-of this Section. The regulations may provide a system for
1763-tracking low-level radioactive waste to ensure that waste that
1764-other states are responsible for disposing of under federal
1765-law does not become the responsibility of the State of
1766-Illinois. The regulations shall be consistent with the Federal
1767-Hazardous Materials Transportation Act.
1768-(d) The Agency may enter into a contract or contracts for
1769-operation of the system for tracking low-level radioactive
1770-waste as provided in subsection (c) of this Section.
1771-(e) A person who violates this Section or any regulation
1772-promulgated under this Section shall be subject to a civil
1773-penalty, not to exceed $10,000, for each violation. Each day a
1774-violation continues shall constitute a separate offense. A
1775-person who fails to pay a civil penalty imposed by a regulation
1776-
1777-
1778-adopted under this Section, or any portion of the penalty, is
1779-liable in a civil action in an amount not to exceed 4 times the
1780-amount imposed and not paid. At the request of the Agency, the
1781-Attorney General shall, on behalf of the State, bring an
1782-action for the recovery of any civil penalty provided for by
1783-this Section. Any civil penalties so recovered shall be
1784-deposited in the Low-Level Radioactive Waste Facility Closure,
1785-Post-Closure Care and Compensation Fund.
1786-(Source: P.A. 95-777, eff. 8-4-08.)
1787-Section 50. The Radiation Protection Act of 1990 is
1788-amended by changing Sections 4, 11, 14, 24.7, 25.1, and 25.2 as
1789-follows:
1790-(420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
1791-(Section scheduled to be repealed on January 1, 2027)
1792-Sec. 4. Definitions. As used in this Act:
1793-(a) "Accreditation" means the process by which the Agency
1794-grants permission to persons meeting the requirements of this
1795-Act and the Agency's rules and regulations to engage in the
1796-practice of administering radiation to human beings.
1797-(a-2) "Agency" or "IEMA-OHS" means the Illinois Emergency
1798-Management Agency and Office of Homeland Security, or its
1799-successor agency.
1800-(a-3) "Assistant Director" means the Assistant Director of
1801-the Agency.
1802-
1803-
1804-(a-5) "By-product material" means: (1) any radioactive
1805-material (except special nuclear material) yielded in or made
1806-radioactive by exposure to radiation incident to the process
1807-of producing or utilizing special nuclear material; (2) the
1808-tailings or wastes produced by the extraction or concentration
1809-of uranium or thorium from any ore processed primarily for its
1810-source material content, including discrete surface wastes
1811-resulting from underground solution extraction processes but
1812-not including underground ore bodies depleted by such solution
1813-extraction processes; (3) any discrete source of radium-226
1814-that is produced, extracted, or converted after extraction,
1815-before, on, or after August 8, 2005, for use for a commercial,
1816-medical, or research activity; (4) any material that has been
1817-made radioactive by use of a particle accelerator and is
1818-produced, extracted, or converted after extraction before, on,
1819-or after August 8, 2005, for use for a commercial, medical, or
1820-research activity; and (5) any discrete source of naturally
1821-occurring radioactive material, other than source material,
1822-that is extracted or converted after extraction for use in
1823-commercial, medical, or research activity before, on, or after
1824-August 8, 2005, and which the U.S. Nuclear Regulatory
1825-Commission, in consultation with the Administrator of the
1826-Environmental Protection Agency, the Secretary of Energy, the
1827-Secretary of Homeland Security, and the head of any other
1828-appropriate Federal agency, determines would pose a threat to
1829-the public health and safety or the common defense and
1830-
1831-
1832-security similar to the threat posed by a discrete source or
1833-radium-226.
1834-(b) (Blank).
1835-(c) (Blank).
1836-(d) "General license" means a license, pursuant to
1837-regulations promulgated by the Agency, effective without the
1838-filing of an application to transfer, acquire, own, possess or
1839-use quantities of, or devices or equipment utilizing,
1840-radioactive material, including but not limited to by-product,
1841-source or special nuclear materials.
1842-(d-1) "Identical in substance" means the regulations
1843-promulgated by the Agency would require the same actions with
1844-respect to ionizing radiation, for the same group of affected
1845-persons, as would federal laws, regulations, or orders if any
1846-federal agency, including but not limited to the Nuclear
1847-Regulatory Commission, Food and Drug Administration, or
1848-Environmental Protection Agency, administered the subject
1849-program in Illinois.
1850-(d-3) "Mammography" means radiography of the breast
1851-primarily for the purpose of enabling a physician to determine
1852-the presence, size, location and extent of cancerous or
1853-potentially cancerous tissue in the breast.
1854-(d-5) "Nuclear facilities" means nuclear power plants,
1855-facilities housing nuclear test and research reactors,
1856-facilities for the chemical conversion of uranium, and
1857-facilities for the storage of spent nuclear fuel or high-level
1858-
1859-
1860-radioactive waste.
1861-(d-5.5) "Nuclear power plant" or "nuclear steam-generating
1862-facility" means a thermal power plant in which the energy
1863-(heat) released by the fissioning of nuclear fuel is used to
1864-boil water to produce steam.
1865-(d-5.10) "Nuclear power reactor" means an apparatus, other
1866-than an atomic weapon, designed or used to sustain nuclear
1867-fission in a self-supporting chain reaction.
1868-(d-7) "Operator" is an individual, group of individuals,
1869-partnership, firm, corporation, association, or other entity
1870-conducting the business or activities carried on within a
1871-radiation installation.
1872-(e) "Person" means any individual, corporation,
1873-partnership, firm, association, trust, estate, public or
1874-private institution, group, agency, political subdivision of
1875-this State, any other State or political subdivision or agency
1876-thereof, and any legal successor, representative, agent, or
1877-agency of the foregoing, other than the United States Nuclear
1878-Regulatory Commission, or any successor thereto, and other
1879-than federal government agencies licensed by the United States
1880-Nuclear Regulatory Commission, or any successor thereto.
1881-"Person" also includes a federal entity (and its contractors)
1882-if the federal entity agrees to be regulated by the State or as
1883-otherwise allowed under federal law.
1884-(f) "Radiation" or "ionizing radiation" means gamma rays
1885-and x-rays, alpha and beta particles, high speed electrons,
1886-
1887-
1888-neutrons, protons, and other nuclear particles or
1889-electromagnetic radiations capable of producing ions directly
1890-or indirectly in their passage through matter; but does not
1891-include sound or radio waves or visible, infrared, or
1892-ultraviolet light.
1893-(f-5) "Radiation emergency" means the uncontrolled release
1894-of radioactive material from a radiation installation which
1895-poses a potential threat to the public health, welfare, and
1896-safety.
1897-(g) "Radiation installation" is any location or facility
1898-where radiation machines are used or where radioactive
1899-material is produced, transported, stored, disposed of, or
1900-used for any purpose.
1901-(h) "Radiation machine" is any device that produces
1902-radiation when in use.
1903-(i) "Radioactive material" means any solid, liquid, or
1904-gaseous substance which emits radiation spontaneously.
1905-(j) "Radiation source" or "source of ionizing radiation"
1906-means a radiation machine or radioactive material as defined
1907-herein.
1908-(j-5) "Small modular reactor" or "SMR" means an advanced
1909-nuclear reactor: (1) with a rated nameplate capacity of 300
1910-electrical megawatts or less; and (2) that may be constructed
1911-and operated in combination with similar reactors at a single
1912-site.
1913-(k) "Source material" means (1) uranium, thorium, or any
1914-
1915-
1916-other material which the Agency declares by order to be source
1917-material after the United States Nuclear Regulatory
1918-Commission, or any successor thereto, has determined the
1919-material to be such; or (2) ores containing one or more of the
1920-foregoing materials, in such concentration as the Agency
1921-declares by order to be source material after the United
1922-States Nuclear Regulatory Commission, or any successor
1923-thereto, has determined the material in such concentration to
1924-be source material.
1925-(l) "Special nuclear material" means (1) plutonium,
1926-uranium 233, uranium enriched in the isotope 233 or in the
1927-isotope 235, and any other material which the Agency declares
1928-by order to be special nuclear material after the United
1929-States Nuclear Regulatory Commission, or any successor
1930-thereto, has determined the material to be such, but does not
1931-include source material; or (2) any material artificially
1932-enriched by any of the foregoing, but does not include source
1933-material.
1934-(m) "Specific license" means a license, issued after
1935-application, to use, manufacture, produce, transfer, receive,
1936-acquire, own, or possess quantities of, or devices or
1937-equipment utilizing radioactive materials.
1938-(Source: P.A. 95-511, eff. 8-28-07; 95-777, eff. 8-4-08;
1939-96-1041, eff. 7-14-10.)
1940-(420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)
1941-
1942-
1943-(Section scheduled to be repealed on January 1, 2027)
1944-Sec. 11. Federal-State Agreements.
1945-(1) The Governor, on behalf of this State, is authorized
1946-to enter into agreements with the Federal Government providing
1947-for discontinuance of certain of the Federal Government's
1948-responsibilities with respect to sources of ionizing radiation
1949-and the assumption thereof by this State, including, but not
1950-limited to, agreements concerning by-product material as
1951-defined in Section 11(e)(2) of the Atomic Energy Act of 1954,
1952-42 U.S.C. 2014(e)(2).
1953-(2) Any person who, on the effective date of an agreement
1954-under subsection (1) above, possesses a license issued by the
1955-Federal Government governing activities for which the Federal
1956-Government, pursuant to such agreement, is transferring its
1957-responsibilities to this State shall be deemed to possess the
1958-same pursuant to a license issued under this Act, which shall
1959-expire 90 days after receipt from the Department of Nuclear
1960-Safety (or its successor agency, the Illinois Emergency
1961-Management Agency) of a notice of expiration of such license,
1962-or on the date of expiration specified in the Federal license,
1963-whichever is earlier.
1964-(3) At such time as Illinois enters into a Federal-State
1965-Agreement in accordance with the provisions of this Act, the
1966-Agency shall license and collect license fees from persons
1967-operating radiation installations, including installations
1968-involving the use or possession of by-product material as
1969-
1970-
1971-defined in subsection (a-5)(2) of Section 4 and installations
1972-having such devices or equipment utilizing or producing
1973-radioactive materials but licensure shall not apply to any
1974-x-ray machine, including those located in an office of a
1975-licensed physician or dentist. The Agency may also collect
1976-license fees from persons authorized by the Agency to engage
1977-in decommissioning and decontamination activities at radiation
1978-installations including installations licensed to use or
1979-possess by-product material as defined in subsection (a-5)(2)
1980-of Section 4. The license fees collected from persons
1981-authorized to use or possess by-product material as defined in
1982-subsection (a-5)(2) of Section 4 or to engage in
1983-decommissioning and decontamination activities at radiation
1984-installations where such by-product material is used or
1985-possessed may include fees sufficient to cover the expenses
1986-incurred by the Department in conjunction with monitoring
1987-unlicensed properties contaminated with by-product material as
1988-defined in subsection (a-5)(2) of Section 4 and overseeing the
1989-decontamination of such unlicensed properties.
1990-The Agency may impose fees for termination of licenses
1991-including, but not limited to, licenses for refining uranium
1992-mill concentrates to uranium hexafluoride; licenses for
1993-possession and use of source material at ore buying stations,
1994-at ion exchange facilities and at facilities where ore is
1995-processed to extract metals other than uranium or thorium; and
1996-licenses authorizing the use or possession of by-product
1997-
1998-
1999-material as defined in subsection (a-5)(2) of Section 4. The
2000-Agency may also set license fees for licenses which authorize
2001-the distribution of devices, products, or sealed sources
2002-involved in the production, utilization, or containment of
2003-radiation. After a public hearing before the Agency, the fees
2004-and collection procedures shall be prescribed under rules and
2005-regulations for protection against radiation hazards
2006-promulgated under this Act.
2007-(4) The Agency is authorized to enter into agreements
2008-related to the receipt and expenditure of federal grants and
2009-other funds to provide assistance to states and compact
2010-regions in fulfilling responsibilities under the federal
2011-Low-Level Radioactive Waste Policy Act, as amended.
2012-(Source: P.A. 94-104, eff. 7-1-05.)
2013-(420 ILCS 40/14) (from Ch. 111 1/2, par. 210-14)
2014-(Section scheduled to be repealed on January 1, 2027)
2015-Sec. 14. Radiation Protection Advisory Council. There
2016-shall be created a Radiation Protection Advisory Council
2017-consisting of 7 members to be appointed by the Governor on the
2018-basis of demonstrated interest in and capacity to further the
2019-purposes of this Act and who shall broadly reflect the varied
2020-interests in and aspects of atomic energy and ionizing
2021-radiation within the State. The Director of the Department of
2022-Labor and the Chairman of the Commerce Commission or their
2023-representatives shall be ex-officio members of the Council.
2024-
2025-
2026-Each member of the Council shall be appointed for a 4 year
2027-term and shall continue to serve until a successor is
2028-appointed. Any member appointed to fill a vacancy occurring
2029-prior to the expiration of the term for which his or her
2030-predecessor was appointed shall continue to serve until a
2031-successor is appointed. The Chairman of the Council shall be
2032-selected by and from the Council membership. The Council
2033-members shall serve without compensation but shall be
2034-reimbursed for their actual expenses incurred in line of duty.
2035-The Council shall meet as often as the Chairman deems
2036-necessary, but upon request of 4 or more members it shall be
2037-the duty of the Chairman to call a meeting of the Council.
2038-It shall be the duty of the Council to assist in the
2039-formulation of and to review the policies and program of the
2040-Agency as developed under authority of this Act and to make
2041-recommendations thereon and to provide the Agency with such
2042-technical advice and assistance as may be requested. The
2043-Council may employ such professional, technical, clerical and
2044-other assistants, without regard to the civil service laws or
2045-the "Personnel Code" of this State, as it deems necessary to
2046-carry out its duties.
2047-Individuals who serve on advisory boards of the Department
2048-of Nuclear Safety or its successor agency, the Illinois
2049-Emergency Management Agency, shall be defended by the Attorney
2050-General and indemnified for all actions alleging a violation
2051-of any duty arising within the scope of their service on such
2052-
2053-
2054-board. Nothing contained herein shall be deemed to afford
2055-defense or indemnification for any willful or wanton violation
2056-of law. Such defense and indemnification shall be afforded in
2057-accordance with the terms and provisions of the State Employee
2058-Indemnification Act.
2059-(Source: P.A. 94-104, eff. 7-1-05.)
2060-(420 ILCS 40/24.7)
2061-(Section scheduled to be repealed on January 1, 2027)
2062-Sec. 24.7. Registration requirement; fees. Beginning
2063-January 1, 2000, the Department of Nuclear Safety or its
2064-successor agency, the Illinois Emergency Management Agency, is
2065-authorized to require every operator of a radiation
2066-installation to register the installation with the Department
2067-or the Agency before the installation is placed in operation.
2068-The Agency is authorized to exempt certain radiation sources
2069-from registration by rule when the Agency makes a
2070-determination that the exemption of such sources will not
2071-constitute a significant risk to health and safety of the
2072-public. Whenever there is a change in a radiation installation
2073-that affects the registration information provided to the
2074-Department or the Agency, including discontinuation of use or
2075-disposition of radiation sources, the operator of such
2076-installation shall, within 30 days, give written notice to the
2077-Department or the Agency detailing the change.
2078-Beginning January 1, 2000, every radiation installation
2079-
2080-
2081-operator using radiation machines shall register annually in a
2082-manner and form prescribed by the Department of Nuclear Safety
2083-or its successor agency, the Illinois Emergency Management
2084-Agency, and shall pay the Department or the Agency an annual
2085-registration fee for each radiation machine. The Agency shall
2086-by rule establish the annual registration fee to register and
2087-inspect radiation installations based on the type of facility
2088-and equipment possessed by the registrant. The Agency shall
2089-bill the operator for the registration fee as soon as
2090-practical after January 1. The registration fee shall be due
2091-and payable within 60 days of the date of billing. If after 60
2092-days the registration fee is not paid, the Agency may issue an
2093-order directing the operator of the installation to cease use
2094-of all radiation machines or take other appropriate
2095-enforcement action as provided in Section 36 of this Act. Fees
2096-collected under this Section are not refundable.
2097-Registration of any radiation installation shall not imply
2098-approval of manufacture, storage, use, handling, operation, or
2099-disposal of radiation sources, but shall serve merely as
2100-notice to the Agency of the location and character of
2101-radiation sources in this State.
2102-(Source: P.A. 94-104, eff. 7-1-05.)
2103-(420 ILCS 40/25.1)
2104-(Section scheduled to be repealed on January 1, 2027)
2105-Sec. 25.1. Each individual responsible for implementing a
2106-
2107-
2108-comprehensive radiation protection program for all hospitals
2109-and other facilities using mammography, computed tomography
2110-(CT), or therapeutic radiation machines shall register with
2111-the Department of Nuclear Safety or its successor agency, the
2112-Illinois Emergency Management Agency. Application for
2113-registration shall be made on a form prescribed by the Agency
2114-and shall be accompanied by the required application fee. The
2115-Agency shall approve the application and register an
2116-individual if the individual satisfies criteria established by
2117-rule of the Agency. The Agency shall assess registered
2118-individuals an annual registration fee. The Agency shall
2119-establish by rule application and registration fees. The
2120-application and registration fees shall not be refundable.
2121-(Source: P.A. 96-1041, eff. 7-14-10.)
2122-(420 ILCS 40/25.2)
2123-(Section scheduled to be repealed on January 1, 2027)
2124-Sec. 25.2. Installation and servicing of radiation
2125-machines.
2126-(a) Beginning January 1, 2002, a service provider who
2127-installs or services radiation machines in the State of
2128-Illinois must register with the Department of Nuclear Safety
2129-or its successor agency, the Illinois Emergency Management
2130-Agency. An operator of a radiation installation that is
2131-registered under Section 24.7 is not required to register
2132-under this Section to service the radiation machines that it
2133-
2134-
2135-owns or leases.
2136-(b) A service provider who installs a radiation machine in
2137-the State of Illinois must report the installation to the
2138-Agency.
2139-(c) A service provider who services a radiation machine in
2140-a radiation installation in the State of Illinois that is not
2141-registered under Section 24.7 must report the service to the
2142-Agency.
2143-(d) The Agency is authorized to adopt rules to implement
2144-this Section, including rules assessing application and annual
2145-registration fees. Application and registration fees are not
2146-refundable.
2147-(Source: P.A. 94-104, eff. 7-1-05.)
2148-Section 55. The Uranium and Thorium Mill Tailings Control
2149-Act is amended by changing Section 10 as follows:
2150-(420 ILCS 42/10)
2151-Sec. 10. Definitions. As used in this Act:
2152-"Agency" or "IEMA-OHS" means the Illinois Emergency
2153-Management Agency and Office of Homeland Security, or its
2154-successor agency.
2155-"By-product material" means the tailings or wastes
2156-produced by the extraction or concentration of uranium or
2157-thorium from any ore processed primarily for its source
2158-material content, including discrete surface wastes resulting
2159-
2160-
2161-from underground solution extraction processes but not
2162-including underground ore bodies depleted by such solution
2163-extraction processes.
2164-"Director" means the Director of the Illinois Emergency
2165-Management Agency.
2166-"Nuclear facilities" means nuclear power plants,
2167-facilities housing nuclear test and research reactors,
2168-facilities for the chemical conversion of uranium, and
2169-facilities for the storage of spent nuclear fuel or high-level
2170-radioactive waste.
2171-"Nuclear power plant" or "nuclear steam-generating
2172-facility" means a thermal power plant in which the energy
2173-(heat) released by the fissioning of nuclear fuel is used to
2174-boil water to produce steam.
2175-"Nuclear power reactor" means an apparatus, other than an
2176-atomic weapon, designed or used to sustain nuclear fission in
2177-a self-supporting chain reaction.
2178-"Person" means any individual, corporation, partnership,
2179-firm, association, trust, estate, public or private
2180-institution, group, agency, political subdivision of this
2181-State, any other State or political subdivision or agency
2182-thereof, and any legal successor, representative, agent, or
2183-agency of the foregoing, other than the United States Nuclear
2184-Regulatory Commission, or any successor thereto, and other
2185-than federal government agencies licensed by the United States
2186-Nuclear Regulatory Commission, or any successor thereto.
2187-
2188-
2189-"Radiation emergency" means the uncontrolled release of
2190-radioactive material from a radiation installation that poses
2191-a potential threat to the public health, welfare, and safety.
2192-"Small modular reactor" or "SMR" means an advanced nuclear
2193-reactor: (1) with a rated nameplate capacity of 300 electrical
2194-megawatts or less; and (2) that may be constructed and
2195-operated in combination with similar reactors at a single
2196-site.
2197-"Source material" means (i) uranium, thorium, or any other
2198-material that the Agency declares by order to be source
2199-material after the United States Nuclear Regulatory Commission
2200-or its successor has determined the material to be source
2201-material; or (ii) ores containing one or more of those
2202-materials in such concentration as the Agency declares by
2203-order to be source material after the United States Nuclear
2204-Regulatory Commission or its successor has determined the
2205-material in such concentration to be source material.
2206-"Specific license" means a license, issued after
2207-application, to use, manufacture, produce, transfer, receive,
2208-acquire, own, or possess quantities of radioactive materials
2209-or devices or equipment utilizing radioactive materials.
2210-(Source: P.A. 95-777, eff. 8-4-08.)
2211-Section 60. The Radon Industry Licensing Act is amended by
2212-changing Sections 10 and 15 as follows:
2213-
2214-
2215-(420 ILCS 44/10)
2216-Sec. 10. Primary responsibility with Illinois Emergency
2217-Management Agency. The Illinois Emergency Management Agency
2218-shall have primary responsibility for coordination, oversight,
2219-and implementation of all State functions in matters
2220-concerning the presence, effects, measurement, and mitigation
2221-of risks of radon and radon progeny in dwellings and other
2222-buildings. The Department of Natural Resources, the
2223-Environmental Protection Agency, the Department of Public
2224-Health, and other State agencies shall consult and cooperate
2225-with the Agency as requested and as necessary to fulfill the
2226-purposes of this Act.
2227-(Source: P.A. 94-369, eff. 7-29-05.)
2228-(420 ILCS 44/15)
2229-Sec. 15. Definitions. As used in this Act, unless the
2230-context requires otherwise:
2231-(a) "Agency" or "IEMA-OHS" means the Illinois Emergency
2232-Management Agency and Office of Homeland Security, or its
2233-successor agency.
2234-(b) "Client" means any person who contracts for
2235-measurement or mitigation services.
2236-(c) "Director" means the Director of the Illinois
2237-Emergency Management Agency.
2238-(d) "Interfere" means to adversely or potentially
2239-adversely impact the successful completion of an indoor radon
2240-
2241-
2242-measurement by changing the radon or radon progeny
2243-concentrations or altering the performance of measurement
2244-equipment or an indoor radon mitigation system installation or
2245-operation.
2246-(e) "Laboratory analysis" means the act of analyzing the
2247-radon or radon progeny concentrations with passive devices, or
2248-the act of calibrating radon or radon progeny measurement
2249-devices, or the act of exposing radon or radon progeny devices
2250-to known concentrations of radon or radon progeny as a
2251-compensated service.
2252-(f) "Mitigation" means the act of repairing or altering a
2253-building or building design for the purpose in whole or in part
2254-of reducing the concentration of radon in the indoor
2255-atmosphere.
2256-(g) "Person" means entities, including, but not limited
2257-to, an individual, company, corporation, firm, group,
2258-association, partnership, joint venture, trust, or government
2259-agency or subdivision.
2260-(h) "Radon" means a gaseous radioactive decay product of
2261-uranium or thorium.
2262-(i) "Radon contractor" or "contractor" means a person
2263-licensed to perform radon or radon progeny mitigation or to
2264-perform measurements of radon or radon progeny in an indoor
2265-atmosphere.
2266-(j) "Radon progeny" means any combination of the
2267-radioactive decay products of radon.
2268-
2269-
2270-(Source: P.A. 94-369, eff. 7-29-05.)
2271-Section 65. The Laser System Act of 1997 is amended by
2272-changing Sections 15 and 60 as follows:
2273-(420 ILCS 56/15)
2274-Sec. 15. Definitions. For the purposes of this Act, unless
2275-the context requires otherwise:
2276-"Agency" or "IEMA-OHS" means the Illinois Emergency
2277-Management Agency and Office of Homeland Security, or its
2278-successor agency.
2279-"Director" means the Director of the Illinois Emergency
2280-Management Agency.
2281-"FDA" means the Food and Drug Administration of the United
2282-States Department of Health and Human Services.
2283-"Laser installation" means a location or facility where
2284-laser systems are produced, stored, disposed of, or used for
2285-any purpose. "Laser installation" does not include any private
2286-residence.
2287-"Laser installation operator" means an individual, group
2288-of individuals, partnership, firm, corporation, association,
2289-or other entity conducting any business or activity within a
2290-laser installation.
2291-"Laser machine" means a device that is capable of
2292-producing or projecting laser radiation when associated
2293-controlled devices are operated.
2294-
2295-
2296-"Laser radiation" means an electromagnetic radiation
2297-emitted from a laser system and includes all reflected
2298-radiation, any secondary radiation, or other forms of energy
2299-resulting from the primary laser beam.
2300-"Laser safety officer" means an individual who is
2301-qualified by training and experience in the evaluation and
2302-control of laser hazards, as evidenced by satisfaction of the
2303-training and experience requirements adopted by the Agency
2304-under subsection (b) of Section 16, and who is designated,
2305-where required by Sections 16 and 17, by a laser installation
2306-operator or temporary laser display operator to have the
2307-authority and responsibility to establish and administer a
2308-laser radiation protection program for a particular laser
2309-installation or temporary laser display.
2310-"Laser system" means a device, laser projector, laser
2311-machine, equipment, or other apparatus that applies a source
2312-of energy to a gas, liquid, crystal, or other solid substances
2313-or combination thereof in a manner that electromagnetic
2314-radiations of a relatively uniform wave length are amplified
2315-and emitted in a cohesive beam capable of transmitting the
2316-energy developed in a manner that may be harmful to living
2317-tissues, including, but not limited to, electromagnetic waves
2318-in the range of visible, infrared, or ultraviolet light. Such
2319-systems in schools, colleges, occupational schools, and State
2320-colleges and other State institutions are also included in the
2321-definition of "laser systems". "Laser system" includes laser
2322-
2323-
2324-machines but does not include any device, machine, equipment,
2325-or other apparatus used in the provision of communications
2326-through fiber optic cable.
2327-"Nuclear facilities" means nuclear power plants,
2328-facilities housing nuclear test and research reactors,
2329-facilities for the chemical conversion of uranium, and
2330-facilities for the storage of spent nuclear fuel or high-level
2331-radioactive waste.
2332-"Nuclear power plant" or "nuclear steam-generating
2333-facility" means a thermal power plant in which the energy
2334-(heat) released by the fissioning of nuclear fuel is used to
2335-boil water to produce steam.
2336-"Nuclear power reactor" means an apparatus, other than an
2337-atomic weapon, designed or used to sustain nuclear fission in
2338-a self-supporting chain reaction.
2339-"Small modular reactor" or "SMR" means an advanced nuclear
2340-reactor: (1) with a rated nameplate capacity of 300 electrical
2341-megawatts or less; and (2) that may be constructed and
2342-operated in combination with similar reactors at a single
2343-site.
2344-"Temporary laser display" means a visual effect display
2345-created for a limited period of time at a laser installation by
2346-a laser system that is not a permanent fixture in the laser
2347-installation for the entertainment of the public or invitees,
2348-regardless of whether admission is charged or whether the
2349-laser display takes place indoors or outdoors.
2350-
2351-
2352-"Temporary laser display operator" means an individual,
2353-group of individuals, partnership, firm, corporation,
2354-association, or other entity conducting a temporary laser
2355-display at a laser installation.
2356-(Source: P.A. 102-558, eff. 8-20-21; 103-277, eff. 7-28-23.)
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34+1 (Source: P.A. 95-331, eff. 8-21-07.)
35+2 (20 ILCS 3310/8 new)
36+3 Sec. 8. Definitions. In this Act:
37+4 "IEMA-OHS" means the Illinois Emergency Management Agency
38+5 and Office of Homeland Security, or its successor agency.
39+6 "Director" means the Director of IEMA-OHS.
40+7 "Nuclear facilities" means nuclear power plants,
41+8 facilities housing nuclear test and research reactors,
42+9 facilities for the chemical conversion of uranium, and
43+10 facilities for the storage of spent nuclear fuel or high-level
44+11 radioactive waste.
45+12 "Nuclear power plant" or "nuclear steam-generating
46+13 facility" means a thermal power plant in which the energy
47+14 (heat) released by the fissioning of nuclear fuel is used to
48+15 boil water to produce steam.
49+16 "Nuclear power reactor" means an apparatus, other than an
50+17 atomic weapon, designed or used to sustain nuclear fission in
51+18 a self-supporting chain reaction.
52+19 "Small modular reactor" or "SMR" means an advanced nuclear
53+20 reactor: (1) with a rated nameplate capacity of 300 electrical
54+21 megawatts or less; and (2) that may be constructed and
55+22 operated in combination with similar reactors at a single
56+23 site.
57+24 (20 ILCS 3310/10)
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68+1 Sec. 10. Nuclear and radioactive materials disposal. The
69+2 Illinois Emergency Management Agency shall formulate a
70+3 comprehensive plan regarding disposal of nuclear and
71+4 radioactive materials in this State. The Illinois Emergency
72+5 Management Agency shall establish minimum standards for
73+6 disposal sites, shall evaluate and publicize potential effects
74+7 on the public health and safety, and shall report to the
75+8 Governor and General Assembly all violations of the adopted
76+9 standards. In carrying out this function, the Illinois
77+10 Emergency Management Agency shall work in cooperation with the
78+11 Radiation Protection Advisory Council.
79+12 (Source: P.A. 93-1029, eff. 8-25-04.)
80+13 (20 ILCS 3310/15)
81+14 Sec. 15. Radiation sources; radioactive waste disposal.
82+15 The Illinois Emergency Management Agency, instead of the
83+16 Department of Nuclear Safety, shall register, license,
84+17 inspect, and control radiation sources, shall purchase, lease,
85+18 accept, or acquire lands, buildings, and grounds where
86+19 radioactive wastes can be disposed, and shall supervise and
87+20 regulate the operation of the disposal sites.
88+21 (Source: P.A. 93-1029, eff. 8-25-04.)
89+22 (20 ILCS 3310/20)
90+23 Sec. 20. Nuclear waste sites.
91+24 (a) The Illinois Emergency Management Agency shall conduct
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102+1 a survey and prepare and publish a list of sites in the State
103+2 where nuclear waste has been deposited, treated, or stored.
104+3 (b) The Illinois Emergency Management Agency shall monitor
105+4 nuclear waste processing, use, handling, storage, and disposal
106+5 practices in the State, and shall determine existing and
107+6 expected rates of production of nuclear wastes.
108+7 (c) The Illinois Emergency Management Agency shall compile
109+8 and make available to the public an annual report identifying
110+9 the type and quantities of nuclear waste generated, stored,
111+10 treated, or disposed of within this State and containing the
112+11 other information required to be collected under this Section.
113+12 (Source: P.A. 93-1029, eff. 8-25-04.)
114+13 (20 ILCS 3310/25)
115+14 Sec. 25. Boiler and pressure vessel safety. The Illinois
116+15 Emergency Management Agency shall exercise, administer, and
117+16 enforce all of the following rights, powers, and duties:
118+17 (1) Rights, powers, and duties vested in the
119+18 Department of Nuclear Safety by the Boiler and Pressure
120+19 Vessel Safety Act prior to the abolishment of the
121+20 Department of Nuclear Safety, to the extent the rights,
122+21 powers, and duties relate to nuclear steam-generating
123+22 facilities.
124+23 (2) Rights, powers, and duties relating to nuclear
125+24 steam-generating facilities vested in the Department of
126+25 Nuclear Safety by the Boiler and Pressure Vessel Safety
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137+1 Act prior to the abolishment of the Department of Nuclear
138+2 Safety, which include but are not limited to the
139+3 formulation of definitions, rules, and regulations for the
140+4 safe and proper construction, installation, repair, use,
141+5 and operation of nuclear steam-generating facilities, the
142+6 adoption of rules for already installed nuclear
143+7 steam-generating facilities, the adoption of rules for
144+8 accidents in nuclear steam-generating facilities, the
145+9 examination for or suspension of inspectors' licenses of
146+10 the facilities, and the hearing of appeals from decisions
147+11 relating to the facilities.
148+12 (3) Rights, powers, and duties relating to nuclear
149+13 steam-generating facilities, vested in the State Fire
150+14 Marshal, the Chief Inspector, or the Department of Nuclear
151+15 Safety prior to its abolishment, by the Boiler and
152+16 Pressure Vessel Safety Act, which include but are not
153+17 limited to the employment of inspectors of nuclear
154+18 steam-generating facilities, issuance or suspension of
155+19 their commissions, prosecution of the Act or rules
156+20 promulgated thereunder for violations by nuclear
157+21 steam-generating facilities, maintenance of inspection
158+22 records of all the facilities, publication of rules
159+23 relating to the facilities, having free access to the
160+24 facilities, issuance of inspection certificates of the
161+25 facilities, and the furnishing of bonds conditioned upon
162+26 the faithful performance of their duties. The Director of
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173+1 the Illinois Emergency Management Agency may designate a
174+2 Chief Inspector, or other inspectors, as he or she deems
175+3 necessary to perform the functions transferred by this
176+4 Section.
177+5 The transfer of rights, powers, and duties specified in
178+6 paragraphs (1), (2), and (3) is limited to the program
179+7 transferred by this Act and shall not be deemed to abolish or
180+8 diminish the exercise of those same rights, powers, and duties
181+9 by the Office of the State Fire Marshal, the Board of Boiler
182+10 and Pressure Vessel Rules, the State Fire Marshal, or the
183+11 Chief Inspector with respect to programs retained by the
184+12 Office of the State Fire Marshal.
185+13 (Source: P.A. 95-777, eff. 8-4-08.)
186+14 (20 ILCS 3310/30)
187+15 Sec. 30. Powers vested in Environmental Protection Agency.
188+16 (a) The Illinois Emergency Management Agency shall
189+17 exercise, administer, and enforce all rights, powers, and
190+18 duties vested in the Environmental Protection Agency by
191+19 paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q,
192+20 and r of Section 4 and by Sections 30 through 45 of the
193+21 Environmental Protection Act, to the extent that these powers
194+22 relate to standards of the Pollution Control Board adopted
195+23 under Section 35 of this Act. The transfer of rights, powers,
196+24 and duties specified in this Section is limited to the
197+25 programs transferred by Public Act 81-1516 and this Act and
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208+1 shall not be deemed to abolish or diminish the exercise of
209+2 those same rights, powers, and duties by the Environmental
210+3 Protection Agency with respect to programs retained by the
211+4 Environmental Protection Agency.
212+5 (b) Notwithstanding provisions in Sections 4 and 17.7 of
213+6 the Environmental Protection Act, the Environmental Protection
214+7 Agency is not required to perform analytical services for
215+8 community water supplies to determine compliance with
216+9 contaminant levels for radionuclides as specified in State or
217+10 federal drinking water regulations.
218+11 (Source: P.A. 99-83, eff. 7-20-15.)
219+12 (20 ILCS 3310/35)
220+13 Sec. 35. Pollution Control Board regulations concerning
221+14 nuclear plants. The Illinois Emergency Management Agency shall
222+15 enforce the regulations promulgated by the Pollution Control
223+16 Board under Section 25b of the Environmental Protection Act.
224+17 Under these regulations the Illinois Emergency Management
225+18 Agency shall require that a person, corporation, or public
226+19 authority intending to construct a nuclear steam-generating
227+20 facility or a nuclear fuel reprocessing plant file with the
228+21 Illinois Emergency Management Agency an environmental
229+22 feasibility report that incorporates the data provided in the
230+23 preliminary safety analysis required to be filed with the
231+24 United States Nuclear Regulatory Commission.
232+25 (Source: P.A. 93-1029, eff. 8-25-04.)
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242+ HB2473 Enrolled - 8 - LRB103 28983 AMQ 55369 b
243+1 (20 ILCS 3310/40)
244+2 Sec. 40. Regulation of nuclear safety.
245+3 (a) The Illinois Emergency Management Agency shall have
246+4 primary responsibility for the coordination and oversight of
247+5 all State governmental functions concerning the regulation of
248+6 nuclear power, including low level waste management,
249+7 environmental monitoring, environmental radiochemical
250+8 analysis, and transportation of nuclear waste. Functions
251+9 performed by the Illinois State Police and the Department of
252+10 Transportation in the area of nuclear safety, on the effective
253+11 date of this Act, may continue to be performed by these
254+12 agencies but under the direction of the Illinois Emergency
255+13 Management Agency. All other governmental functions regulating
256+14 nuclear safety shall be coordinated by the Illinois Emergency
257+15 Management Agency.
258+16 (b) IEMA-OHS, in consultation with the Illinois
259+17 Environmental Protection Agency, shall adopt rules for the
260+18 regulation of small modular reactors. The rules shall be
261+19 adopted by January 1, 2026 and shall include criteria for
262+20 decommissioning, environmental monitoring, and emergency
263+21 preparedness. The rules shall include a fee structure to cover
264+22 IEMA-OHS costs for regulation and inspection. The fee
265+23 structure may include fees to cover costs of local government
266+24 emergency response preparedness through grants administered by
267+25 IEMA-OHS. None of the rules developed by the Illinois
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278+1 Emergency Management Agency and Office of Homeland Security or
279+2 any other State agency, board, or commission pursuant to this
280+3 Act shall be construed to supersede the authority of the U.S.
281+4 Nuclear Regulatory Commission. The changes made by this
282+5 amendatory Act of the 103rd General Assembly shall not apply
283+6 to the uprate, renewal, or subsequent renewal of any license
284+7 for an existing nuclear power reactor that began operation
285+8 prior to the effective date of this amendatory Act of the 103rd
286+9 General Assembly. Any fees collected under this subsection
287+10 shall be deposited into the Nuclear Safety Emergency
288+11 Preparedness Fund created pursuant to Section 7 of the
289+12 Illinois Nuclear Safety Preparedness Act.
290+13 (c) Consistent with federal law and policy statements of
291+14 and cooperative agreements with the U.S. Nuclear Regulatory
292+15 Commission with respect to State participation in health and
293+16 safety regulation of nuclear facilities, and in recognition of
294+17 the role provided for the states by such laws, policy
295+18 statements, and cooperative agreements, IEMA-OHS may develop
296+19 and implement a program for inspections of small modular
297+20 reactors, both operational and non-operational. The owner of
298+21 each small modular reactor shall allow access to IEMA-OHS
299+22 inspectors of all premises and records of the small modular
300+23 reactor. The IEMA-OHS inspectors shall operate in accordance
301+24 with any cooperative agreements executed between IEMA-OHS and
302+25 the U.S. Nuclear Regulatory Commission. The IEMA-OHS
303+26 inspectors shall operate in accordance with the security plan
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314+1 for the small modular reactor. IEMA-OHS programs and
315+2 activities under this Section shall not be inconsistent with
316+3 federal law.
317+4 (d) IEMA-OHS shall be authorized to conduct activities
318+5 specified in Section 8 of the Illinois Nuclear Safety
319+6 Preparedness Act in regard to small modular reactors.
320+7 (Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21;
321+8 102-813, eff. 5-13-22.)
322+9 (20 ILCS 3310/40.5)
323+10 Sec. 40.5. Radiochemistry laboratory program. The Illinois
324+11 Emergency Management Agency shall implement a comprehensive
325+12 radiochemistry laboratory program. The Director of the
326+13 Illinois Emergency Management Agency, in accordance with the
327+14 Personnel Code, shall employ and direct such personnel, and
328+15 shall provide for such laboratory and other facilities, as may
329+16 be necessary to carry out the purposes of this Act and the Acts
330+17 referenced in Section 5.
331+18 (Source: P.A. 102-133, eff. 7-23-21.)
332+19 (20 ILCS 3310/50)
333+20 Sec. 50. Personnel transferred. Personnel previously
334+21 assigned to the programs transferred from the Department of
335+22 Nuclear Safety are hereby transferred to the Illinois
336+23 Emergency Management Agency (now the Illinois Emergency
337+24 Management Agency and Office of Homeland Security). The rights
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348+1 of the employees, the State, and executive agencies under the
349+2 Personnel Code, any collective bargaining agreement, or any
350+3 pension, retirement, or annuity plan shall not be affected by
351+4 this Act.
352+5 (Source: P.A. 93-1029, eff. 8-25-04.)
353+6 (20 ILCS 3310/55)
354+7 Sec. 55. Records and property transferred. All books,
355+8 records, papers, documents, property (real or personal),
356+9 unexpended appropriations, and pending business in any way
357+10 pertaining to the rights, powers, and duties transferred by
358+11 this Act shall be delivered and transferred to the Illinois
359+12 Emergency Management Agency (now the Illinois Emergency
360+13 Management Agency and Office of Homeland Security).
361+14 (Source: P.A. 93-1029, eff. 8-25-04.)
362+15 (20 ILCS 3310/65)
363+16 Sec. 65. Nuclear accident plan. The Illinois Emergency
364+17 Management Agency shall have primary responsibility to
365+18 formulate a comprehensive emergency preparedness and response
366+19 plan for any nuclear accident. The Illinois Emergency
367+20 Management Agency shall also train and maintain an emergency
368+21 response team.
369+22 (Source: P.A. 93-1029, eff. 8-25-04.)
370+23 (20 ILCS 3310/70)
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381+1 Sec. 70. Nuclear and radioactive materials transportation
382+2 plan. The Illinois Emergency Management Agency shall formulate
383+3 a comprehensive plan regarding the transportation of nuclear
384+4 and radioactive materials in Illinois. The Illinois Emergency
385+5 Management Agency shall have primary responsibility for all
386+6 State governmental regulation of the transportation of nuclear
387+7 and radioactive materials, insofar as the regulation pertains
388+8 to the public health and safety. This responsibility shall
389+9 include but not be limited to the authority to oversee and
390+10 coordinate regulatory functions performed by the Department of
391+11 Transportation, the Illinois State Police, and the Illinois
392+12 Commerce Commission.
393+13 (Source: P.A. 102-538, eff. 8-20-21.)
394+14 (20 ILCS 3310/75)
395+15 Sec. 75. State nuclear power policy. Subject to
396+16 appropriation, the Illinois Emergency Management Agency, in
397+17 cooperation with the Department of Natural Resources, shall
398+18 study (i) the impact and cost of nuclear power and compare
399+19 these to the impact and cost of alternative sources of energy,
400+20 (ii) the potential effects on the public health and safety of
401+21 all radioactive emissions from nuclear power plants, and (iii)
402+22 all other factors that bear on the use of nuclear power or on
403+23 nuclear safety. The Illinois Emergency Management Agency shall
404+24 formulate a general nuclear policy for the State based on the
405+25 findings of the study. The policy shall include but not be
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416+1 limited to the feasibility of continued use of nuclear power,
417+2 effects of the use of nuclear power on the public health and
418+3 safety, minimum acceptable standards for the location of any
419+4 future nuclear power plants, and rules and regulations for the
420+5 reporting by public utilities of radioactive emissions from
421+6 power plants. The Illinois Emergency Management Agency shall
422+7 establish a reliable system for communication between the
423+8 public and the Illinois Emergency Management Agency and for
424+9 dissemination of information by the Illinois Emergency
425+10 Management Agency. The Illinois Emergency Management Agency
426+11 shall publicize the findings of all studies and make the
427+12 publications reasonably available to the public.
428+13 (Source: P.A. 101-149, eff. 7-26-19.)
429+14 (20 ILCS 3310/85)
430+15 Sec. 85. Saving clause.
431+16 (a) The rights, powers and duties transferred to the
432+17 Illinois Emergency Management Agency (now the Illinois
433+18 Emergency Management Agency and Office of Homeland Security)
434+19 by this Act shall be vested in and shall be exercised by the
435+20 Illinois Emergency Management Agency (now the Illinois
436+21 Emergency Management Agency and Office of Homeland Security).
437+22 Each act done in exercise of such rights, powers, and duties
438+23 shall have the same legal effect as if done by the Department
439+24 of Nuclear Safety, its divisions, officers, or employees.
440+25 (b) Every person or corporation shall be subject to the
441+
442+
443+
444+
445+
446+ HB2473 Enrolled - 13 - LRB103 28983 AMQ 55369 b
447+
448+
449+HB2473 Enrolled- 14 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 14 - LRB103 28983 AMQ 55369 b
450+ HB2473 Enrolled - 14 - LRB103 28983 AMQ 55369 b
451+1 same obligations and duties and any penalties, civil or
452+2 criminal, arising therefrom, and shall have the same rights
453+3 arising from the exercise of such powers, duties, rights and
454+4 responsibilities as had been exercised by the Department of
455+5 Nuclear Safety, its divisions, officers or employees.
456+6 (c) Every officer of the Illinois Emergency Management
457+7 Agency and Office of Homeland Security shall, for any offense,
458+8 be subject to the same penalty or penalties, civil or
459+9 criminal, as are prescribed by existing law for the same
460+10 offense by any officer whose powers or duties were transferred
461+11 under this Act.
462+12 (d) Whenever reports or notices are now required to be
463+13 made or given or papers or documents furnished or served by any
464+14 person to or upon the agencies and officers transferred by
465+15 this Act, the same shall be made, given, furnished, or served
466+16 in the same manner to or upon the Illinois Emergency
467+17 Management Agency (now the Illinois Emergency Management
468+18 Agency and Office of Homeland Security).
469+19 (e) This Act shall not affect any act done, ratified, or
470+20 canceled or any right occurring or established or any action
471+21 or proceeding had or commenced in an administrative, civil, or
472+22 criminal cause regarding the Department of Nuclear Safety
473+23 before this Act takes effect, but such actions or proceedings
474+24 may be prosecuted and continued by the Illinois Emergency
475+25 Management Agency (now the Illinois Emergency Management
476+26 Agency and Office of Homeland Security).
477+
478+
479+
480+
481+
482+ HB2473 Enrolled - 14 - LRB103 28983 AMQ 55369 b
483+
484+
485+HB2473 Enrolled- 15 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 15 - LRB103 28983 AMQ 55369 b
486+ HB2473 Enrolled - 15 - LRB103 28983 AMQ 55369 b
487+1 (f) Any rules of the Department of Nuclear Safety that are
488+2 in full force on the effective date of this Act and that have
489+3 been duly adopted by the Illinois Emergency Management Agency
490+4 (now the Illinois Emergency Management Agency and Office of
491+5 Homeland Security) shall become the rules of the Illinois
492+6 Emergency Management Agency (now the Illinois Emergency
493+7 Management Agency and Office of Homeland Security). This Act
494+8 shall not affect the legality of any such rules in the Illinois
495+9 Administrative Code. Any proposed rules filed with the
496+10 Secretary of State by the Department of Nuclear Safety that
497+11 are pending in the rulemaking process on the effective date of
498+12 this Act, shall be deemed to have been filed by the Illinois
499+13 Emergency Management Agency (now the Illinois Emergency
500+14 Management Agency and Office of Homeland Security). As soon as
501+15 practicable hereafter, the Illinois Emergency Management
502+16 Agency (now the Illinois Emergency Management Agency and
503+17 Office of Homeland Security) shall revise and clarify the
504+18 rules transferred to it under this Act to reflect the
505+19 reorganization of rights, powers, and duties effected by this
506+20 Act using the procedures for recodification of rules available
507+21 under the Illinois Administrative Procedure Act, except that
508+22 existing title, part, and section numbering for the affected
509+23 rules may be retained. The Illinois Emergency Management
510+24 Agency and Office of Homeland Security may propose and adopt
511+25 under the Illinois Administrative Procedure Act such other
512+26 rules of the reorganized agencies that will now be
513+
514+
515+
516+
517+
518+ HB2473 Enrolled - 15 - LRB103 28983 AMQ 55369 b
519+
520+
521+HB2473 Enrolled- 16 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 16 - LRB103 28983 AMQ 55369 b
522+ HB2473 Enrolled - 16 - LRB103 28983 AMQ 55369 b
523+1 administered by the Illinois Emergency Management Agency and
524+2 Office of Homeland Security.
525+3 (g) If any provision of this Act or its application to any
526+4 person or circumstances is held invalid by any court of
527+5 competent jurisdiction, this invalidity does not affect any
528+6 other provision or application. To achieve this purpose, the
529+7 provisions of this Act are declared to be severable.
530+8 (Source: P.A. 93-1029, eff. 8-25-04.)
531+9 (20 ILCS 3310/90 new)
532+10 Sec. 90. Small modular reactor study.
533+11 (a) The Governor may commission a study on the potential
534+12 for development of small modular reactors in this State. No
535+13 later than January 1, 2025, subject to appropriation, the
536+14 Governor is authorized to commission a study, led by the
537+15 Illinois Emergency Management Agency and Office of Homeland
538+16 Security, to research the State's role in guiding the
539+17 development of small modular reactors.
540+18 IEMA-OHS shall publish a draft of the study for a 30-day
541+19 public comment period. After the conclusion of the public
542+20 comment period, IEMA-OHS shall finalize the study, post a
543+21 publicly available copy on its website, and submit a copy to
544+22 the General Assembly.
545+23 (b) The study shall include, at a minimum, the following:
546+24 (1) a review of the current state of small modular
547+25 reactor technologies and the characteristics of nuclear
548+
549+
550+
551+
552+
553+ HB2473 Enrolled - 16 - LRB103 28983 AMQ 55369 b
554+
555+
556+HB2473 Enrolled- 17 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 17 - LRB103 28983 AMQ 55369 b
557+ HB2473 Enrolled - 17 - LRB103 28983 AMQ 55369 b
558+1 reactor technologies currently under research and
559+2 development and expected to enter the market by 2040;
560+3 (2) a review of the following federal regulatory and
561+4 permitting issues concerning small modular reactors:
562+5 (A) current and proposed permitting and approval
563+6 processes for small modular reactors conducted by
564+7 federal agencies, including, but not limited to, the
565+8 Nuclear Regulatory Commission, the Federal Emergency
566+9 Management Agency, and the United States Environmental
567+10 Protection Agency;
568+11 (B) the projected timeline of such federal
569+12 permitting and approval processes;
570+13 (C) federal regulation of small modular reactors
571+14 over the life of those facilities; and
572+15 (D) federal regulation of the storage and disposal
573+16 of wastes generated by those facilities;
574+17 (3) a review of the following State and local
575+18 regulatory and permitting issues concerning small modular
576+19 reactors and other sources of electricity generation:
577+20 (A) current and proposed State and local
578+21 permitting and approval processes for small modular
579+22 reactors and other sources of electricity generation,
580+23 as applicable;
581+24 (B) State and local regulation of small modular
582+25 reactors and other sources of electricity generation
583+26 over the life of those facilities; and
584+
585+
586+
587+
588+
589+ HB2473 Enrolled - 17 - LRB103 28983 AMQ 55369 b
590+
591+
592+HB2473 Enrolled- 18 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 18 - LRB103 28983 AMQ 55369 b
593+ HB2473 Enrolled - 18 - LRB103 28983 AMQ 55369 b
594+1 (C) State and local regulation of the storage and
595+2 disposal of wastes generated by those facilities;
596+3 (4) a review of the following small modular reactor
597+4 regulatory and permitting issues in other state and local
598+5 jurisdictions;
599+6 (A) current and proposed State and local
600+7 permitting and approval processes for small modular
601+8 reactors in other state and local jurisdictions;
602+9 (B) regulation by other state and local
603+10 jurisdictions of small modular reactors over the life
604+11 of those facilities; and
605+12 (C) regulation by other state and local
606+13 jurisdictions of the storage and disposal of wastes
607+14 generated by those facilities;
608+15 (5) a risk analysis of the potential impacts to the
609+16 health and well-being of the people of the State,
610+17 including benefits from the reduction in carbon emissions,
611+18 associated with the development of small modular reactors;
612+19 (6) an analysis on the impact the deployment of small
613+20 modular reactors will have on resource adequacy in
614+21 Illinois regional power grids and on the costs to
615+22 electricity consumers; and
616+23 (7) an analysis of potential water sources for use by
617+24 small modular reactors and whether such usage would
618+25 jeopardize public consumption, future supply, or natural
619+26 conditions of such water source.
620+
621+
622+
623+
624+
625+ HB2473 Enrolled - 18 - LRB103 28983 AMQ 55369 b
626+
627+
628+HB2473 Enrolled- 19 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 19 - LRB103 28983 AMQ 55369 b
629+ HB2473 Enrolled - 19 - LRB103 28983 AMQ 55369 b
630+1 (c) This Section is repealed on January 1, 2027.
631+2 Section 10. The Radioactive Waste Compact Enforcement Act
632+3 is amended by changing Sections 15 and 25 as follows:
633+4 (45 ILCS 141/15)
634+5 Sec. 15. Definitions. In this Act:
635+6 "IEMA-OHS" means the Illinois Emergency Management Agency
636+7 and Office of Homeland Security, or its successor agency.
637+8 "Commission" means the Central Midwest Interstate
638+9 Low-Level Radioactive Waste Commission.
639+10 "Compact" means the Central Midwest Interstate Low-Level
640+11 Radioactive Waste Compact.
641+12 "Director" means the Director of IEMA-OHS.
642+13 "Disposal" means the isolation of waste from the biosphere
643+14 in a permanent facility designed for that purpose.
644+15 "Facility" means a parcel of land or site, together with
645+16 the structures, equipment, and improvements on or appurtenant
646+17 to the land or site, that is used or is being developed for the
647+18 treatment, storage or disposal of low-level radioactive waste.
648+19 "Low-level radioactive waste" or "waste" means radioactive
649+20 waste not classified as (1) high-level radioactive waste, (2)
650+21 transuranic waste, (3) spent nuclear fuel, or (4) byproduct
651+22 material as defined in Sections 11e(2), 11e(3), and 11e(4) of
652+23 the Atomic Energy Act (42 U.S.C. 2014). This definition shall
653+24 apply notwithstanding any declaration by the federal
654+
655+
656+
657+
658+
659+ HB2473 Enrolled - 19 - LRB103 28983 AMQ 55369 b
660+
661+
662+HB2473 Enrolled- 20 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 20 - LRB103 28983 AMQ 55369 b
663+ HB2473 Enrolled - 20 - LRB103 28983 AMQ 55369 b
664+1 government, a state, or any regulatory agency that any
665+2 radioactive material is exempt from any regulatory control.
666+3 "Management plan" means the plan adopted by the Commission
667+4 for the storage, transportation, treatment and disposal of
668+5 waste within the region.
669+6 "Nuclear facilities" means nuclear power plants,
670+7 facilities housing nuclear test and research reactors,
671+8 facilities for the chemical conversion of uranium, and
672+9 facilities for the storage of spent nuclear fuel or high-level
673+10 radioactive waste.
674+11 "Nuclear power plant" or "nuclear steam-generating
675+12 facility" means a thermal power plant in which the energy
676+13 (heat) released by the fissioning of nuclear fuel is used to
677+14 boil water to produce steam.
678+15 "Nuclear power reactor" means an apparatus, other than an
679+16 atomic weapon, designed or used to sustain nuclear fission in
680+17 a self-supporting chain reaction.
681+18 "Person" means any individual, corporation, business
682+19 enterprise or other legal entity, public or private, and any
683+20 legal successor, representative, agent or agency of that
684+21 individual, corporation, business enterprise, or legal entity.
685+22 "Region" means the geographical area of the State of
686+23 Illinois and the Commonwealth of Kentucky.
687+24 "Regional Facility" means any facility as defined in this
688+25 Act that is (1) located in Illinois, and (2) established by
689+26 Illinois pursuant to designation of Illinois as a host state
690+
691+
692+
693+
694+
695+ HB2473 Enrolled - 20 - LRB103 28983 AMQ 55369 b
696+
697+
698+HB2473 Enrolled- 21 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 21 - LRB103 28983 AMQ 55369 b
699+ HB2473 Enrolled - 21 - LRB103 28983 AMQ 55369 b
700+1 by the Commission.
701+2 "Small modular reactor" or "SMR" means an advanced nuclear
702+3 reactor: (1) with a rated nameplate capacity of 300 electrical
703+4 megawatts or less; and (2) that may be constructed and
704+5 operated in combination with similar reactors at a single
705+6 site.
706+7 "Storage" means the temporary holding of radioactive
707+8 material for treatment or disposal.
708+9 "Treatment" means any method, technique or process,
709+10 including storage for radioactive decay, designed to change
710+11 the physical, chemical, or biological characteristics of the
711+12 radioactive material in order to render the radioactive
712+13 material safe for transport or management, amenable to
713+14 recovery, convertible to another usable material, or reduced
714+15 in volume.
715+16 (Source: P.A. 103-306, eff. 7-28-23.)
716+17 (45 ILCS 141/25)
717+18 Sec. 25. Enforcement.
718+19 (a) The Illinois Emergency Management Agency (Agency)
719+20 shall adopt regulations to administer and enforce the
720+21 provisions of this Act. The regulations shall be adopted with
721+22 the consultation and cooperation of the Commission.
722+23 Regulations adopted by the Agency under this Act shall
723+24 prohibit the shipment into or acceptance of waste in Illinois
724+25 if the shipment or acceptance would result in a violation of
725+
726+
727+
728+
729+
730+ HB2473 Enrolled - 21 - LRB103 28983 AMQ 55369 b
731+
732+
733+HB2473 Enrolled- 22 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 22 - LRB103 28983 AMQ 55369 b
734+ HB2473 Enrolled - 22 - LRB103 28983 AMQ 55369 b
735+1 any provision of the Compact or this Act.
736+2 (b) The Agency may, by regulation, impose conditions on
737+3 the shipment into or acceptance of waste in Illinois that the
738+4 Agency determines to be reasonable and necessary to enforce
739+5 the provisions of this Act. The conditions may include, but
740+6 are not limited to (i) requiring prior notification of any
741+7 proposed shipment or receipt of waste; (ii) requiring the
742+8 shipper or recipient to identify the location to which the
743+9 waste will be sent for disposal following treatment or storage
744+10 in Illinois; (iii) limiting the time that waste from outside
745+11 Illinois may be held in Illinois; (iv) requiring the shipper
746+12 or recipient to post bond or by other mechanism to assure that
747+13 radioactive material will not be treated, stored, or disposed
748+14 of in Illinois in violation of any provision of this Act; (v)
749+15 requiring that the shipper consent to service of process
750+16 before shipment of waste into Illinois.
751+17 (c) The Agency shall, by regulation, impose a system of
752+18 civil penalties in accordance with the provisions of this Act.
753+19 Amounts recovered under these regulations shall be deposited
754+20 in the Low-Level Radioactive Waste Facility Development and
755+21 Operation Fund.
756+22 (d) The regulations adopted by the Agency may provide for
757+23 the granting of exemptions, but only upon a showing by the
758+24 applicant that the granting of an exemption would be
759+25 consistent with the Compact.
760+26 (Source: P.A. 95-777, eff. 8-4-08.)
761+
762+
763+
764+
765+
766+ HB2473 Enrolled - 22 - LRB103 28983 AMQ 55369 b
767+
768+
769+HB2473 Enrolled- 23 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 23 - LRB103 28983 AMQ 55369 b
770+ HB2473 Enrolled - 23 - LRB103 28983 AMQ 55369 b
771+1 Section 15. The Public Utilities Act is amended by
772+2 changing Section 8-406 as follows:
773+3 (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
774+4 Sec. 8-406. Certificate of public convenience and
775+5 necessity.
776+6 (a) No public utility not owning any city or village
777+7 franchise nor engaged in performing any public service or in
778+8 furnishing any product or commodity within this State as of
779+9 July 1, 1921 and not possessing a certificate of public
780+10 convenience and necessity from the Illinois Commerce
781+11 Commission, the State Public Utilities Commission, or the
782+12 Public Utilities Commission, at the time Public Act 84-617
783+13 goes into effect (January 1, 1986), shall transact any
784+14 business in this State until it shall have obtained a
785+15 certificate from the Commission that public convenience and
786+16 necessity require the transaction of such business. A
787+17 certificate of public convenience and necessity requiring the
788+18 transaction of public utility business in any area of this
789+19 State shall include authorization to the public utility
790+20 receiving the certificate of public convenience and necessity
791+21 to construct such plant, equipment, property, or facility as
792+22 is provided for under the terms and conditions of its tariff
793+23 and as is necessary to provide utility service and carry out
794+24 the transaction of public utility business by the public
795+
796+
797+
798+
799+
800+ HB2473 Enrolled - 23 - LRB103 28983 AMQ 55369 b
801+
802+
803+HB2473 Enrolled- 24 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 24 - LRB103 28983 AMQ 55369 b
804+ HB2473 Enrolled - 24 - LRB103 28983 AMQ 55369 b
805+1 utility in the designated area.
806+2 (b) No public utility shall begin the construction of any
807+3 new plant, equipment, property, or facility which is not in
808+4 substitution of any existing plant, equipment, property, or
809+5 facility, or any extension or alteration thereof or in
810+6 addition thereto, unless and until it shall have obtained from
811+7 the Commission a certificate that public convenience and
812+8 necessity require such construction. Whenever after a hearing
813+9 the Commission determines that any new construction or the
814+10 transaction of any business by a public utility will promote
815+11 the public convenience and is necessary thereto, it shall have
816+12 the power to issue certificates of public convenience and
817+13 necessity. The Commission shall determine that proposed
818+14 construction will promote the public convenience and necessity
819+15 only if the utility demonstrates: (1) that the proposed
820+16 construction is necessary to provide adequate, reliable, and
821+17 efficient service to its customers and is the least-cost means
822+18 of satisfying the service needs of its customers or that the
823+19 proposed construction will promote the development of an
824+20 effectively competitive electricity market that operates
825+21 efficiently, is equitable to all customers, and is the least
826+22 cost means of satisfying those objectives; (2) that the
827+23 utility is capable of efficiently managing and supervising the
828+24 construction process and has taken sufficient action to ensure
829+25 adequate and efficient construction and supervision thereof;
830+26 and (3) that the utility is capable of financing the proposed
831+
832+
833+
834+
835+
836+ HB2473 Enrolled - 24 - LRB103 28983 AMQ 55369 b
837+
838+
839+HB2473 Enrolled- 25 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 25 - LRB103 28983 AMQ 55369 b
840+ HB2473 Enrolled - 25 - LRB103 28983 AMQ 55369 b
841+1 construction without significant adverse financial
842+2 consequences for the utility or its customers.
843+3 (b-5) As used in this subsection (b-5):
844+4 "Qualifying direct current applicant" means an entity that
845+5 seeks to provide direct current bulk transmission service for
846+6 the purpose of transporting electric energy in interstate
847+7 commerce.
848+8 "Qualifying direct current project" means a high voltage
849+9 direct current electric service line that crosses at least one
850+10 Illinois border, the Illinois portion of which is physically
851+11 located within the region of the Midcontinent Independent
852+12 System Operator, Inc., or its successor organization, and runs
853+13 through the counties of Pike, Scott, Greene, Macoupin,
854+14 Montgomery, Christian, Shelby, Cumberland, and Clark, is
855+15 capable of transmitting electricity at voltages of 345
856+16 kilovolts or above, and may also include associated
857+17 interconnected alternating current interconnection facilities
858+18 in this State that are part of the proposed project and
859+19 reasonably necessary to connect the project with other
860+20 portions of the grid.
861+21 Notwithstanding any other provision of this Act, a
862+22 qualifying direct current applicant that does not own,
863+23 control, operate, or manage, within this State, any plant,
864+24 equipment, or property used or to be used for the transmission
865+25 of electricity at the time of its application or of the
866+26 Commission's order may file an application on or before
867+
868+
869+
870+
871+
872+ HB2473 Enrolled - 25 - LRB103 28983 AMQ 55369 b
873+
874+
875+HB2473 Enrolled- 26 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 26 - LRB103 28983 AMQ 55369 b
876+ HB2473 Enrolled - 26 - LRB103 28983 AMQ 55369 b
877+1 December 31, 2023 with the Commission pursuant to this Section
878+2 or Section 8-406.1 for, and the Commission may grant, a
879+3 certificate of public convenience and necessity to construct,
880+4 operate, and maintain a qualifying direct current project. The
881+5 qualifying direct current applicant may also include in the
882+6 application requests for authority under Section 8-503. The
883+7 Commission shall grant the application for a certificate of
884+8 public convenience and necessity and requests for authority
885+9 under Section 8-503 if it finds that the qualifying direct
886+10 current applicant and the proposed qualifying direct current
887+11 project satisfy the requirements of this subsection and
888+12 otherwise satisfy the criteria of this Section or Section
889+13 8-406.1 and the criteria of Section 8-503, as applicable to
890+14 the application and to the extent such criteria are not
891+15 superseded by the provisions of this subsection. The
892+16 Commission's order on the application for the certificate of
893+17 public convenience and necessity shall also include the
894+18 Commission's findings and determinations on the request or
895+19 requests for authority pursuant to Section 8-503. Prior to
896+20 filing its application under either this Section or Section
897+21 8-406.1, the qualifying direct current applicant shall conduct
898+22 3 public meetings in accordance with subsection (h) of this
899+23 Section. If the qualifying direct current applicant
900+24 demonstrates in its application that the proposed qualifying
901+25 direct current project is designed to deliver electricity to a
902+26 point or points on the electric transmission grid in either or
903+
904+
905+
906+
907+
908+ HB2473 Enrolled - 26 - LRB103 28983 AMQ 55369 b
909+
910+
911+HB2473 Enrolled- 27 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 27 - LRB103 28983 AMQ 55369 b
912+ HB2473 Enrolled - 27 - LRB103 28983 AMQ 55369 b
913+1 both the PJM Interconnection, LLC or the Midcontinent
914+2 Independent System Operator, Inc., or their respective
915+3 successor organizations, the proposed qualifying direct
916+4 current project shall be deemed to be, and the Commission
917+5 shall find it to be, for public use. If the qualifying direct
918+6 current applicant further demonstrates in its application that
919+7 the proposed transmission project has a capacity of 1,000
920+8 megawatts or larger and a voltage level of 345 kilovolts or
921+9 greater, the proposed transmission project shall be deemed to
922+10 satisfy, and the Commission shall find that it satisfies, the
923+11 criteria stated in item (1) of subsection (b) of this Section
924+12 or in paragraph (1) of subsection (f) of Section 8-406.1, as
925+13 applicable to the application, without the taking of
926+14 additional evidence on these criteria. Prior to the transfer
927+15 of functional control of any transmission assets to a regional
928+16 transmission organization, a qualifying direct current
929+17 applicant shall request Commission approval to join a regional
930+18 transmission organization in an application filed pursuant to
931+19 this subsection (b-5) or separately pursuant to Section 7-102
932+20 of this Act. The Commission may grant permission to a
933+21 qualifying direct current applicant to join a regional
934+22 transmission organization if it finds that the membership, and
935+23 associated transfer of functional control of transmission
936+24 assets, benefits Illinois customers in light of the attendant
937+25 costs and is otherwise in the public interest. Nothing in this
938+26 subsection (b-5) requires a qualifying direct current
939+
940+
941+
942+
943+
944+ HB2473 Enrolled - 27 - LRB103 28983 AMQ 55369 b
945+
946+
947+HB2473 Enrolled- 28 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 28 - LRB103 28983 AMQ 55369 b
948+ HB2473 Enrolled - 28 - LRB103 28983 AMQ 55369 b
949+1 applicant to join a regional transmission organization.
950+2 Nothing in this subsection (b-5) requires the owner or
951+3 operator of a high voltage direct current transmission line
952+4 that is not a qualifying direct current project to obtain a
953+5 certificate of public convenience and necessity to the extent
954+6 it is not otherwise required by this Section 8-406 or any other
955+7 provision of this Act.
956+8 (c) As used in this subsection (c):
957+9 "Decommissioning" has the meaning given to that term in
958+10 subsection (a) of Section 8-508.1.
959+11 "Nuclear power reactor" has the meaning given to that term
960+12 in Section 8 of the Nuclear Safety Law of 2004.
961+13 After the effective date of this amendatory Act of the
962+14 103rd General Assembly September 11, 1987 (the effective date
963+15 of Public Act 85-377), no construction shall commence on any
964+16 new nuclear power reactor with a nameplate capacity of more
965+17 than 300 megawatts of electricity plant to be located within
966+18 this State, and no certificate of public convenience and
967+19 necessity or other authorization shall be issued therefor by
968+20 the Commission, until the Illinois Emergency Management Agency
969+21 and Office of Homeland Security, in consultation with Director
970+22 of the Illinois Environmental Protection Agency and the
971+23 Illinois Department of Natural Resources, finds that the
972+24 United States Government, through its authorized agency, has
973+25 identified and approved a demonstrable technology or means for
974+26 the disposal of high level nuclear waste, or until such
975+
976+
977+
978+
979+
980+ HB2473 Enrolled - 28 - LRB103 28983 AMQ 55369 b
981+
982+
983+HB2473 Enrolled- 29 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 29 - LRB103 28983 AMQ 55369 b
984+ HB2473 Enrolled - 29 - LRB103 28983 AMQ 55369 b
985+1 construction has been specifically approved by a statute
986+2 enacted by the General Assembly. Beginning January 1, 2026,
987+3 construction may commence on a new nuclear power reactor with
988+4 a nameplate capacity of 300 megawatts of electricity or less
989+5 within this State if the entity constructing the new nuclear
990+6 power reactor has obtained all permits, licenses, permissions,
991+7 or approvals governing the construction, operation, and
992+8 funding of decommissioning of such nuclear power reactors
993+9 required by: (1) this Act; (2) any rules adopted by the
994+10 Illinois Emergency Management Agency and Office of Homeland
995+11 Security under the authority of this Act; (3) any applicable
996+12 federal statutes, including, but not limited to, the Atomic
997+13 Energy Act of 1954, the Energy Reorganization Act of 1974, the
998+14 Low-Level Radioactive Waste Policy Amendments Act of 1985, and
999+15 the Energy Policy Act of 1992; (4) any regulations promulgated
1000+16 or enforced by the U.S. Nuclear Regulatory Commission,
1001+17 including, but not limited to, those codified at Title X,
1002+18 Parts 20, 30, 40, 50, 70, and 72 of the Code of Federal
1003+19 Regulations, as from time to time amended; and (5) any other
1004+20 federal or State statute, rule, or regulation governing the
1005+21 permitting, licensing, operation, or decommissioning of such
1006+22 nuclear power reactors. None of the rules developed by the
1007+23 Illinois Emergency Management Agency and Office of Homeland
1008+24 Security or any other State agency, board, or commission
1009+25 pursuant to this Act shall be construed to supersede the
1010+26 authority of the U.S. Nuclear Regulatory Commission. The
1011+
1012+
1013+
1014+
1015+
1016+ HB2473 Enrolled - 29 - LRB103 28983 AMQ 55369 b
1017+
1018+
1019+HB2473 Enrolled- 30 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 30 - LRB103 28983 AMQ 55369 b
1020+ HB2473 Enrolled - 30 - LRB103 28983 AMQ 55369 b
1021+1 changes made by this amendatory Act of the 103rd General
1022+2 Assembly shall not apply to the uprate, renewal, or subsequent
1023+3 renewal of any license for an existing nuclear power reactor
1024+4 that began operation prior to the effective date of this
1025+5 amendatory Act of the 103rd General Assembly.
1026+6 None of the changes made in this amendatory Act of the
1027+7 103rd General Assembly are intended to authorize the
1028+8 construction of nuclear power plants powered by nuclear power
1029+9 reactors that are not either: (1) small modular nuclear
1030+10 reactors; or (2) nuclear power reactors licensed by the U.S.
1031+11 Nuclear Regulatory Commission to operate in this State prior
1032+12 to the effective date of this amendatory Act of the 103rd
1033+13 General Assembly.
1034+14 As used in this Section, "high level nuclear waste" means
1035+15 those aqueous wastes resulting from the operation of the first
1036+16 cycle of the solvent extraction system or equivalent and the
1037+17 concentrated wastes of the subsequent extraction cycles or
1038+18 equivalent in a facility for reprocessing irradiated reactor
1039+19 fuel and shall include spent fuel assemblies prior to fuel
1040+20 reprocessing.
1041+21 (d) In making its determination under subsection (b) of
1042+22 this Section, the Commission shall attach primary weight to
1043+23 the cost or cost savings to the customers of the utility. The
1044+24 Commission may consider any or all factors which will or may
1045+25 affect such cost or cost savings, including the public
1046+26 utility's engineering judgment regarding the materials used
1047+
1048+
1049+
1050+
1051+
1052+ HB2473 Enrolled - 30 - LRB103 28983 AMQ 55369 b
1053+
1054+
1055+HB2473 Enrolled- 31 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 31 - LRB103 28983 AMQ 55369 b
1056+ HB2473 Enrolled - 31 - LRB103 28983 AMQ 55369 b
1057+1 for construction.
1058+2 (e) The Commission may issue a temporary certificate which
1059+3 shall remain in force not to exceed one year in cases of
1060+4 emergency, to assure maintenance of adequate service or to
1061+5 serve particular customers, without notice or hearing, pending
1062+6 the determination of an application for a certificate, and may
1063+7 by regulation exempt from the requirements of this Section
1064+8 temporary acts or operations for which the issuance of a
1065+9 certificate will not be required in the public interest.
1066+10 A public utility shall not be required to obtain but may
1067+11 apply for and obtain a certificate of public convenience and
1068+12 necessity pursuant to this Section with respect to any matter
1069+13 as to which it has received the authorization or order of the
1070+14 Commission under the Electric Supplier Act, and any such
1071+15 authorization or order granted a public utility by the
1072+16 Commission under that Act shall as between public utilities be
1073+17 deemed to be, and shall have except as provided in that Act the
1074+18 same force and effect as, a certificate of public convenience
1075+19 and necessity issued pursuant to this Section.
1076+20 No electric cooperative shall be made or shall become a
1077+21 party to or shall be entitled to be heard or to otherwise
1078+22 appear or participate in any proceeding initiated under this
1079+23 Section for authorization of power plant construction and as
1080+24 to matters as to which a remedy is available under the Electric
1081+25 Supplier Act.
1082+26 (f) Such certificates may be altered or modified by the
1083+
1084+
1085+
1086+
1087+
1088+ HB2473 Enrolled - 31 - LRB103 28983 AMQ 55369 b
1089+
1090+
1091+HB2473 Enrolled- 32 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 32 - LRB103 28983 AMQ 55369 b
1092+ HB2473 Enrolled - 32 - LRB103 28983 AMQ 55369 b
1093+1 Commission, upon its own motion or upon application by the
1094+2 person or corporation affected. Unless exercised within a
1095+3 period of 2 years from the grant thereof, authority conferred
1096+4 by a certificate of convenience and necessity issued by the
1097+5 Commission shall be null and void.
1098+6 No certificate of public convenience and necessity shall
1099+7 be construed as granting a monopoly or an exclusive privilege,
1100+8 immunity or franchise.
1101+9 (g) A public utility that undertakes any of the actions
1102+10 described in items (1) through (3) of this subsection (g) or
1103+11 that has obtained approval pursuant to Section 8-406.1 of this
1104+12 Act shall not be required to comply with the requirements of
1105+13 this Section to the extent such requirements otherwise would
1106+14 apply. For purposes of this Section and Section 8-406.1 of
1107+15 this Act, "high voltage electric service line" means an
1108+16 electric line having a design voltage of 100,000 or more. For
1109+17 purposes of this subsection (g), a public utility may do any of
1110+18 the following:
1111+19 (1) replace or upgrade any existing high voltage
1112+20 electric service line and related facilities,
1113+21 notwithstanding its length;
1114+22 (2) relocate any existing high voltage electric
1115+23 service line and related facilities, notwithstanding its
1116+24 length, to accommodate construction or expansion of a
1117+25 roadway or other transportation infrastructure; or
1118+26 (3) construct a high voltage electric service line and
1119+
1120+
1121+
1122+
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1125+
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1128+ HB2473 Enrolled - 33 - LRB103 28983 AMQ 55369 b
1129+1 related facilities that is constructed solely to serve a
1130+2 single customer's premises or to provide a generator
1131+3 interconnection to the public utility's transmission
1132+4 system and that will pass under or over the premises owned
1133+5 by the customer or generator to be served or under or over
1134+6 premises for which the customer or generator has secured
1135+7 the necessary right of way.
1136+8 (h) A public utility seeking to construct a high-voltage
1137+9 electric service line and related facilities (Project) must
1138+10 show that the utility has held a minimum of 2 pre-filing public
1139+11 meetings to receive public comment concerning the Project in
1140+12 each county where the Project is to be located, no earlier than
1141+13 6 months prior to filing an application for a certificate of
1142+14 public convenience and necessity from the Commission. Notice
1143+15 of the public meeting shall be published in a newspaper of
1144+16 general circulation within the affected county once a week for
1145+17 3 consecutive weeks, beginning no earlier than one month prior
1146+18 to the first public meeting. If the Project traverses 2
1147+19 contiguous counties and where in one county the transmission
1148+20 line mileage and number of landowners over whose property the
1149+21 proposed route traverses is one-fifth or less of the
1150+22 transmission line mileage and number of such landowners of the
1151+23 other county, then the utility may combine the 2 pre-filing
1152+24 meetings in the county with the greater transmission line
1153+25 mileage and affected landowners. All other requirements
1154+26 regarding pre-filing meetings shall apply in both counties.
1155+
1156+
1157+
1158+
1159+
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1161+
1162+
1163+HB2473 Enrolled- 34 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 34 - LRB103 28983 AMQ 55369 b
1164+ HB2473 Enrolled - 34 - LRB103 28983 AMQ 55369 b
1165+1 Notice of the public meeting, including a description of the
1166+2 Project, must be provided in writing to the clerk of each
1167+3 county where the Project is to be located. A representative of
1168+4 the Commission shall be invited to each pre-filing public
1169+5 meeting.
1170+6 (i) For applications filed after August 18, 2015 (the
1171+7 effective date of Public Act 99-399), the Commission shall, by
1172+8 certified mail, notify each owner of record of land, as
1173+9 identified in the records of the relevant county tax assessor,
1174+10 included in the right-of-way over which the utility seeks in
1175+11 its application to construct a high-voltage electric line of
1176+12 the time and place scheduled for the initial hearing on the
1177+13 public utility's application. The utility shall reimburse the
1178+14 Commission for the cost of the postage and supplies incurred
1179+15 for mailing the notice.
1180+16 (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
1181+17 102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
1182+18 Section 20. The Environmental Protection Act is amended by
1183+19 changing Sections 25a-1 and 25b as follows:
1184+20 (415 ILCS 5/25a-1) (from Ch. 111 1/2, par. 1025a-1)
1185+21 Sec. 25a-1. At least 60 days before beginning the
1186+22 decommissioning of any nuclear power plant located in this
1187+23 State, the owner or operator of the plant shall file, for
1188+24 information purposes only, a copy of the decommissioning plan
1189+
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1198+ HB2473 Enrolled - 35 - LRB103 28983 AMQ 55369 b
1199+1 for the plant with the Agency and a copy with the Illinois
1200+2 Emergency Management Agency and Office of Homeland Security,
1201+3 or its successor agency.
1202+4 (Source: P.A. 95-777, eff. 8-4-08.)
1203+5 (415 ILCS 5/25b) (from Ch. 111 1/2, par. 1025b)
1204+6 Sec. 25b. Any person, corporation or public authority
1205+7 intending to construct a nuclear steam-generating facility or
1206+8 a nuclear fuel reprocessing plant shall file with the Illinois
1207+9 Emergency Management Agency and Office of Homeland Security,
1208+10 or its successor agency, an environmental feasibility report
1209+11 which incorporates the data provided in the preliminary safety
1210+12 analysis required to be filed with the United States Nuclear
1211+13 Regulatory Commission. The Board may by rule prescribe the
1212+14 form of such report. In consultation with the Illinois
1213+15 Emergency Management Agency and Office of Homeland Security
1214+16 and the Illinois Environmental Protection Agency, the The
1215+17 Board shall have the power to adopt standards to protect the
1216+18 health, safety and welfare of the citizens of Illinois from
1217+19 the hazards of radiation to the extent that such powers are not
1218+20 preempted under the federal constitution.
1219+21 (Source: P.A. 95-777, eff. 8-4-08.)
1220+22 Section 25. The Illinois Nuclear Safety Preparedness Act
1221+23 is amended by adding Section 2.5 and by changing Section 3 as
1222+24 follows:
1223+
1224+
1225+
1226+
1227+
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1229+
1230+
1231+HB2473 Enrolled- 36 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 36 - LRB103 28983 AMQ 55369 b
1232+ HB2473 Enrolled - 36 - LRB103 28983 AMQ 55369 b
1233+1 (420 ILCS 5/2.5 new)
1234+2 Sec. 2.5. Applicability. This Act does not apply to small
1235+3 modular reactors.
1236+4 (420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
1237+5 Sec. 3. Definitions. Unless the context otherwise clearly
1238+6 requires, as used in this Act:
1239+7 (1) "Agency" or "IEMA-OHS" means the Illinois Emergency
1240+8 Management Agency and Office of Homeland Security, or its
1241+9 successor agency of the State of Illinois.
1242+10 (2) "Director" means the Director of the Illinois
1243+11 Emergency Management Agency.
1244+12 (3) "Person" means any individual, corporation,
1245+13 partnership, firm, association, trust, estate, public or
1246+14 private institution, group, agency, political subdivision of
1247+15 this State, any other state or political subdivision or agency
1248+16 thereof, and any legal successor, representative, agent, or
1249+17 agency of the foregoing.
1250+18 (4) "NRC" means the United States Nuclear Regulatory
1251+19 Commission or any agency which succeeds to its functions in
1252+20 the licensing of nuclear power reactors or facilities for
1253+21 storing spent nuclear fuel.
1254+22 (5) "High-level radioactive waste" means (1) the highly
1255+23 radioactive material resulting from the reprocessing of spent
1256+24 nuclear fuel including liquid waste produced directly in
1257+
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1263+
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1266+ HB2473 Enrolled - 37 - LRB103 28983 AMQ 55369 b
1267+1 reprocessing and any solid material derived from such liquid
1268+2 waste that contains fission products in sufficient
1269+3 concentrations; and (2) the highly radioactive material that
1270+4 the NRC has determined to be high-level radioactive waste
1271+5 requiring permanent isolation.
1272+6 (6) "Nuclear facilities" means nuclear power plants,
1273+7 facilities housing nuclear test and research reactors,
1274+8 facilities for the chemical conversion of uranium, and
1275+9 facilities for the storage of spent nuclear fuel or high-level
1276+10 radioactive waste.
1277+11 (7) "Spent nuclear fuel" means fuel that has been
1278+12 withdrawn from a nuclear reactor following irradiation, the
1279+13 constituent elements of which have not been separated by
1280+14 reprocessing.
1281+15 (8) "Transuranic waste" means material contaminated with
1282+16 elements that have an atomic number greater than 92, including
1283+17 neptunium, plutonium, americium, and curium, excluding
1284+18 radioactive wastes shipped to a licensed low-level radioactive
1285+19 waste disposal facility.
1286+20 (9) "Highway route controlled quantity of radioactive
1287+21 materials" means that quantity of radioactive materials
1288+22 defined as a highway route controlled quantity under rules of
1289+23 the United States Department of Transportation, or any
1290+24 successor agency.
1291+25 (10) "Nuclear power plant" or "nuclear steam-generating
1292+26 facility" means a thermal power plant in which the energy
1293+
1294+
1295+
1296+
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1299+
1300+
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1302+ HB2473 Enrolled - 38 - LRB103 28983 AMQ 55369 b
1303+1 (heat) released by the fissioning of nuclear fuel is used to
1304+2 boil water to produce steam.
1305+3 (11) "Nuclear power reactor" means an apparatus, other
1306+4 than an atomic weapon, designed or used to sustain nuclear
1307+5 fission in a self-supporting chain reaction.
1308+6 (12) "Small modular reactor" or "SMR" means an advanced
1309+7 nuclear reactor: (1) with a rated nameplate capacity of 300
1310+8 electrical megawatts or less; and (2) that may be constructed
1311+9 and operated in combination with similar reactors at a single
1312+10 site.
1313+11 (Source: P.A. 93-1029, eff. 8-25-04.)
1314+12 Section 30. The Illinois Nuclear Facility Safety Act is
1315+13 amended by changing Section 2 and adding Sections 2.5 and 3.5
1316+14 as follows:
1317+15 (420 ILCS 10/2) (from Ch. 111 1/2, par. 4352)
1318+16 Sec. 2. Policy statement. It is declared to be the policy
1319+17 of the State of Illinois to prevent accidents at nuclear
1320+18 facilities in Illinois for the economic well-being of the
1321+19 People of the State of Illinois and for the health and safety
1322+20 of workers at nuclear facilities and private citizens who
1323+21 could be injured as a result of releases of radioactive
1324+22 materials from nuclear facilities. It is the intent of the
1325+23 General Assembly that this Act should be construed
1326+24 consistently with federal law to maximize the role of the
1327+
1328+
1329+
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1333+
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1336+ HB2473 Enrolled - 39 - LRB103 28983 AMQ 55369 b
1337+1 State in contributing to safety at nuclear facilities in
1338+2 Illinois. It is the intent of the General Assembly that the
1339+3 Illinois Emergency Management Agency should not take any
1340+4 actions which are preempted by federal law or engage in dual
1341+5 regulation of nuclear facilities, unless dual regulation is
1342+6 allowed by federal law and policies of the Nuclear Regulatory
1343+7 Commission. In implementing its responsibilities under this
1344+8 Act, the Agency shall not take any action which interferes
1345+9 with the safe operation of a nuclear facility.
1346+10 (Source: P.A. 95-777, eff. 8-4-08.)
1347+11 (420 ILCS 10/2.5 new)
1348+12 Sec. 2.5. Applicability. This Act does not apply to small
1349+13 modular reactors.
1350+14 (420 ILCS 10/3.5 new)
1351+15 Sec. 3.5. Definitions. In this Act:
1352+16 "IEMA-OHS" means the Illinois Emergency Management Agency
1353+17 and Office of Homeland Security, or its successor agency.
1354+18 "Director" means the Director of IEMA-OHS.
1355+19 "Nuclear facilities" means nuclear power plants,
1356+20 facilities housing nuclear test and research reactors,
1357+21 facilities for the chemical conversion of uranium, and
1358+22 facilities for the storage of spent nuclear fuel or high-level
1359+23 radioactive waste.
1360+24 "Nuclear power plant" or "nuclear steam-generating
1361+
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1370+ HB2473 Enrolled - 40 - LRB103 28983 AMQ 55369 b
1371+1 facility" means a thermal power plant in which the energy
1372+2 (heat) released by the fissioning of nuclear fuel is used to
1373+3 boil water to produce steam.
1374+4 "Nuclear power reactor" means an apparatus, other than an
1375+5 atomic weapon, designed or used to sustain nuclear fission in
1376+6 a self-supporting chain reaction.
1377+7 "Small modular reactor" or "SMR" means an advanced nuclear
1378+8 reactor: (1) with a rated nameplate capacity of 300 electrical
1379+9 megawatts or less; and (2) that may be constructed and
1380+10 operated in combination with similar reactors at a single
1381+11 site.
1382+12 Section 35. The Illinois Low-Level Radioactive Waste
1383+13 Management Act is amended by changing Sections 2, 3, and 13 as
1384+14 follows:
1385+15 (420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2)
1386+16 Sec. 2. (a) The General Assembly finds:
1387+17 (1) that low-level radioactive wastes are produced in
1388+18 this State with even greater volumes to be produced in the
1389+19 future;
1390+20 (2) that such radioactive wastes pose a significant
1391+21 risk to the public health, safety and welfare of the
1392+22 people of Illinois; and
1393+23 (3) that it is the obligation of the State of Illinois
1394+24 to its citizens to provide for the safe management of the
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1404+ HB2473 Enrolled - 41 - LRB103 28983 AMQ 55369 b
1405+1 low-level radioactive wastes produced within its borders.
1406+2 (b) The Illinois Emergency Management Agency has attained
1407+3 federal agreement state status and thereby has assumed
1408+4 regulatory authority over low-level radioactive waste from the
1409+5 United States Nuclear Regulatory Commission under Section 274b
1410+6 of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is the
1411+7 purpose of this Act to establish a comprehensive program for
1412+8 the storage, treatment, and disposal of low-level radioactive
1413+9 wastes in Illinois. It is the intent of the General Assembly
1414+10 that the program provide for the management of these wastes in
1415+11 the safest manner possible and in a manner that creates the
1416+12 least risk to human health and the environment of Illinois and
1417+13 that the program encourage to the fullest extent possible the
1418+14 use of environmentally sound waste management practices
1419+15 alternative to land disposal including waste recycling,
1420+16 compaction, incineration and other methods to reduce the
1421+17 amount of wastes produced, and to ensure public participation
1422+18 in all phases of the development of this radioactive waste
1423+19 management program.
1424+20 (Source: P.A. 95-777, eff. 8-4-08.)
1425+21 (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
1426+22 Sec. 3. Definitions.
1427+23 "Agency" or "IEMA-OHS" means the Illinois Emergency
1428+24 Management Agency and Office of Homeland Security, or its
1429+25 successor agency.
1430+
1431+
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1439+ HB2473 Enrolled - 42 - LRB103 28983 AMQ 55369 b
1440+1 "Broker" means any person who takes possession of
1441+2 low-level waste for purposes of consolidation and shipment.
1442+3 "Compact" means the Central Midwest Interstate Low-Level
1443+4 Radioactive Waste Compact.
1444+5 "Decommissioning" means the measures taken at the end of a
1445+6 facility's operating life to assure the continued protection
1446+7 of the public from any residual radioactivity or other
1447+8 potential hazards present at a facility.
1448+9 "Director" means the Director of the Illinois Emergency
1449+10 Management Agency.
1450+11 "Disposal" means the isolation of waste from the biosphere
1451+12 in a permanent facility designed for that purpose.
1452+13 "Facility" means a parcel of land or site, together with
1453+14 structures, equipment and improvements on or appurtenant to
1454+15 the land or site, which is used or is being developed for the
1455+16 treatment, storage or disposal of low-level radioactive waste.
1456+17 "Facility" does not include lands, sites, structures or
1457+18 equipment used by a generator in the generation of low-level
1458+19 radioactive wastes.
1459+20 "Generator" means any person who produces or possesses
1460+21 low-level radioactive waste in the course of or incident to
1461+22 manufacturing, power generation, processing, medical diagnosis
1462+23 and treatment, research, education or other activity.
1463+24 "Hazardous waste" means a waste, or combination of wastes,
1464+25 which because of its quantity, concentration, or physical,
1465+26 chemical, or infectious characteristics may cause or
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1475+ HB2473 Enrolled - 43 - LRB103 28983 AMQ 55369 b
1476+1 significantly contribute to an increase in mortality or an
1477+2 increase in serious, irreversible, or incapacitating
1478+3 reversible, illness; or pose a substantial present or
1479+4 potential hazard to human health or the environment when
1480+5 improperly treated, stored, transported, or disposed of, or
1481+6 otherwise managed, and which has been identified, by
1482+7 characteristics or listing, as hazardous under Section 3001 of
1483+8 the Resource Conservation and Recovery Act of 1976, P.L.
1484+9 94-580 or under regulations of the Pollution Control Board.
1485+10 "High-level radioactive waste" means:
1486+11 (1) the highly radioactive material resulting from the
1487+12 reprocessing of spent nuclear fuel including liquid waste
1488+13 produced directly in reprocessing and any solid material
1489+14 derived from the liquid waste that contains fission
1490+15 products in sufficient concentrations; and
1491+16 (2) the highly radioactive material that the Nuclear
1492+17 Regulatory Commission has determined, on the effective
1493+18 date of this Amendatory Act of 1988, to be high-level
1494+19 radioactive waste requiring permanent isolation.
1495+20 "Low-level radioactive waste" or "waste" means radioactive
1496+21 waste not classified as (1) high-level radioactive waste, (2)
1497+22 transuranic waste, (3) spent nuclear fuel, or (4) byproduct
1498+23 material as defined in Sections 11e(2), 11e(3), and 11e(4) of
1499+24 the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
1500+25 definition shall apply notwithstanding any declaration by the
1501+26 federal government, a state, or any regulatory agency that any
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1511+ HB2473 Enrolled - 44 - LRB103 28983 AMQ 55369 b
1512+1 radioactive material is exempt from any regulatory control.
1513+2 "Mixed waste" means waste that is both "hazardous waste"
1514+3 and "low-level radioactive waste" as defined in this Act.
1515+4 "Nuclear facilities" means nuclear power plants,
1516+5 facilities housing nuclear test and research reactors,
1517+6 facilities for the chemical conversion of uranium, and
1518+7 facilities for the storage of spent nuclear fuel or high-level
1519+8 radioactive waste.
1520+9 "Nuclear power plant" or "nuclear steam-generating
1521+10 facility" means a thermal power plant in which the energy
1522+11 (heat) released by the fissioning of nuclear fuel is used to
1523+12 boil water to produce steam.
1524+13 "Nuclear power reactor" means an apparatus, other than an
1525+14 atomic weapon, designed or used to sustain nuclear fission in
1526+15 a self-supporting chain reaction.
1527+16 "Person" means an individual, corporation, business
1528+17 enterprise or other legal entity either public or private and
1529+18 any legal successor, representative, agent or agency of that
1530+19 individual, corporation, business enterprise, or legal entity.
1531+20 "Post-closure care" means the continued monitoring of the
1532+21 regional disposal facility after closure for the purposes of
1533+22 detecting a need for maintenance, ensuring environmental
1534+23 safety, and determining compliance with applicable licensure
1535+24 and regulatory requirements, and includes undertaking any
1536+25 remedial actions necessary to protect public health and the
1537+26 environment from radioactive releases from the facility.
1538+
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1544+
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1547+ HB2473 Enrolled - 45 - LRB103 28983 AMQ 55369 b
1548+1 "Regional disposal facility" or "disposal facility" means
1549+2 the facility established by the State of Illinois under this
1550+3 Act for disposal away from the point of generation of waste
1551+4 generated in the region of the Compact.
1552+5 "Release" means any spilling, leaking, pumping, pouring,
1553+6 emitting, emptying, discharging, injecting, escaping,
1554+7 leaching, dumping or disposing into the environment of
1555+8 low-level radioactive waste.
1556+9 "Remedial action" means those actions taken in the event
1557+10 of a release or threatened release of low-level radioactive
1558+11 waste into the environment, to prevent or minimize the release
1559+12 of the waste so that it does not migrate to cause substantial
1560+13 danger to present or future public health or welfare or the
1561+14 environment. The term includes, but is not limited to, actions
1562+15 at the location of the release such as storage, confinement,
1563+16 perimeter protection using dikes, trenches or ditches, clay
1564+17 cover, neutralization, cleanup of released low-level
1565+18 radioactive wastes, recycling or reuse, dredging or
1566+19 excavations, repair or replacement of leaking containers,
1567+20 collection of leachate and runoff, onsite treatment or
1568+21 incineration, provision of alternative water supplies and any
1569+22 monitoring reasonably required to assure that these actions
1570+23 protect human health and the environment.
1571+24 "Scientific Surveys" means, collectively, the Illinois
1572+25 State Geological Survey and the Illinois State Water Survey of
1573+26 the University of Illinois.
1574+
1575+
1576+
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1583+ HB2473 Enrolled - 46 - LRB103 28983 AMQ 55369 b
1584+1 "Shallow land burial" means a land disposal facility in
1585+2 which radioactive waste is disposed of in or within the upper
1586+3 30 meters of the earth's surface. However, this definition
1587+4 shall not include an enclosed, engineered, structurally
1588+5 re-enforced and solidified bunker that extends below the
1589+6 earth's surface.
1590+7 "Small modular reactor" or "SMR" means an advanced nuclear
1591+8 reactor: (1) with a rated nameplate capacity of 300 electrical
1592+9 megawatts or less; and (2) that may be constructed and
1593+10 operated in combination with similar reactors at a single
1594+11 site.
1595+12 "Storage" means the temporary holding of waste for
1596+13 treatment or disposal for a period determined by Agency
1597+14 regulations.
1598+15 "Treatment" means any method, technique or process,
1599+16 including storage for radioactive decay, designed to change
1600+17 the physical, chemical or biological characteristics or
1601+18 composition of any waste in order to render the waste safer for
1602+19 transport, storage or disposal, amenable to recovery,
1603+20 convertible to another usable material or reduced in volume.
1604+21 "Waste management" means the storage, transportation,
1605+22 treatment or disposal of waste.
1606+23 (Source: P.A. 103-306, eff. 7-28-23.)
1607+24 (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
1608+25 Sec. 13. Waste fees.
1609+
1610+
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1618+ HB2473 Enrolled - 47 - LRB103 28983 AMQ 55369 b
1619+1 (a) The Agency shall collect a fee from each generator of
1620+2 low-level radioactive wastes in this State, except as
1621+3 otherwise provided in this subsection. Except as provided in
1622+4 subdivision (b)(2) and subsections (b), (c), and (d), the
1623+5 amount of the fee shall be $50.00 or the following amount,
1624+6 whichever is greater:
1625+7 (1) $1 per cubic foot of waste shipped for storage,
1626+8 treatment or disposal if storage of the waste for shipment
1627+9 occurred prior to September 7, 1984;
1628+10 (2) $2 per cubic foot of waste stored for shipment if
1629+11 storage of the waste occurs on or after September 7, 1984,
1630+12 but prior to October 1, 1985;
1631+13 (3) $3 per cubic foot of waste stored for shipment if
1632+14 storage of the waste occurs on or after October 1, 1985;
1633+15 (4) $2 per cubic foot of waste shipped for storage,
1634+16 treatment or disposal if storage of the waste for shipment
1635+17 occurs on or after September 7, 1984 but prior to October
1636+18 1, 1985, provided that no fee has been collected
1637+19 previously for storage of the waste;
1638+20 (5) $3 per cubic foot of waste shipped for storage,
1639+21 treatment or disposal if storage of the waste for shipment
1640+22 occurs on or after October 1, 1985, provided that no fees
1641+23 have been collected previously for storage of the waste.
1642+24 Such fees shall be collected annually or as determined by
1643+25 the Agency and shall be deposited in the low-level radioactive
1644+26 waste funds as provided in Section 14 of this Act.
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1654+ HB2473 Enrolled - 48 - LRB103 28983 AMQ 55369 b
1655+1 Notwithstanding any other provision of this Act, no fee under
1656+2 this Section shall be collected from a generator for waste
1657+3 generated incident to manufacturing before December 31, 1980,
1658+4 and shipped for disposal outside of this State before December
1659+5 31, 1992, as part of a site reclamation leading to license
1660+6 termination.
1661+7 Units of local government are exempt from the fee
1662+8 provisions of this subsection.
1663+9 (b)(1) Small modular reactors shall pay low-level
1664+10 radioactive waste fees in accordance with subsection (a).
1665+11 (2) Each nuclear power reactor in this State for which an
1666+12 operating license has been issued by the Nuclear Regulatory
1667+13 Commission shall not be subject to the fee required by
1668+14 subsection (a) with respect to (1) waste stored for shipment
1669+15 if storage of the waste occurs on or after January 1, 1986; and
1670+16 (2) waste shipped for storage, treatment or disposal if
1671+17 storage of the waste for shipment occurs on or after January 1,
1672+18 1986. In lieu of the fee, each reactor shall be required to pay
1673+19 an annual fee as provided in this subsection for the
1674+20 treatment, storage and disposal of low-level radioactive
1675+21 waste. Beginning with State fiscal year 1986 and through State
1676+22 fiscal year 1997, fees shall be due and payable on January 1st
1677+23 of each year. For State fiscal year 1998 and all subsequent
1678+24 State fiscal years, fees shall be due and payable on July 1 of
1679+25 each fiscal year. The fee due on July 1, 1997 shall be payable
1680+26 on that date, or within 10 days after the effective date of
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1690+ HB2473 Enrolled - 49 - LRB103 28983 AMQ 55369 b
1691+1 this amendatory Act of 1997, whichever is later.
1692+2 The owner of any nuclear power reactor that has an
1693+3 operating license issued by the Nuclear Regulatory Commission
1694+4 for any portion of State fiscal year 1998 shall continue to pay
1695+5 an annual fee of $90,000 for the treatment, storage, and
1696+6 disposal of low-level radioactive waste through State fiscal
1697+7 year 2002. The fee shall be due and payable on July 1 of each
1698+8 fiscal year. The fee due on July 1, 1998 shall be payable on
1699+9 that date, or within 10 days after the effective date of this
1700+10 amendatory Act of 1998, whichever is later. If the balance in
1701+11 the Low-Level Radioactive Waste Facility Development and
1702+12 Operation Fund falls below $500,000, as of the end of any
1703+13 fiscal year after fiscal year 2002, the Agency is authorized
1704+14 to assess by rule, after notice and a hearing, an additional
1705+15 annual fee to be paid by the owners of nuclear power reactors
1706+16 for which operating licenses have been issued by the Nuclear
1707+17 Regulatory Commission, except that no additional annual fee
1708+18 shall be assessed because of the fund balance at the end of
1709+19 fiscal year 2005 or the end of fiscal year 2006. The additional
1710+20 annual fee shall be payable on the date or dates specified by
1711+21 rule and shall not exceed $30,000 per operating reactor per
1712+22 year.
1713+23 (c) In each of State fiscal years 1988, 1989 and 1990, in
1714+24 addition to the fee imposed in subsections (b) and (d), the
1715+25 owner of each nuclear power reactor in this State for which an
1716+26 operating license has been issued by the Nuclear Regulatory
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1727+1 Commission shall pay a fee of $408,000. If an operating
1728+2 license is issued during one of those 3 fiscal years, the owner
1729+3 shall pay a prorated amount of the fee equal to $1,117.80
1730+4 multiplied by the number of days in the fiscal year during
1731+5 which the nuclear power reactor was licensed.
1732+6 The fee shall be due and payable as follows: in fiscal year
1733+7 1988, $204,000 shall be paid on October 1, 1987 and $102,000
1734+8 shall be paid on each of January 1, 1988 and April 1, 1988; in
1735+9 fiscal year 1989, $102,000 shall be paid on each of July 1,
1736+10 1988, October 1, 1988, January 1, 1989 and April 1, 1989; and
1737+11 in fiscal year 1990, $102,000 shall be paid on each of July 1,
1738+12 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If
1739+13 the operating license is issued during one of the 3 fiscal
1740+14 years, the owner shall be subject to those payment dates, and
1741+15 their corresponding amounts, on which the owner possesses an
1742+16 operating license and, on June 30 of the fiscal year of
1743+17 issuance of the license, whatever amount of the prorated fee
1744+18 remains outstanding.
1745+19 All of the amounts collected by the Agency under this
1746+20 subsection (c) shall be deposited into the Low-Level
1747+21 Radioactive Waste Facility Development and Operation Fund
1748+22 created under subsection (a) of Section 14 of this Act and
1749+23 expended, subject to appropriation, for the purposes provided
1750+24 in that subsection.
1751+25 (d) In addition to the fees imposed in subsections (b) and
1752+26 (c), the owners of nuclear power reactors in this State for
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1762+ HB2473 Enrolled - 51 - LRB103 28983 AMQ 55369 b
1763+1 which operating licenses have been issued by the Nuclear
1764+2 Regulatory Commission shall pay the following fees for each
1765+3 such nuclear power reactor: for State fiscal year 1989,
1766+4 $325,000 payable on October 1, 1988, $162,500 payable on
1767+5 January 1, 1989, and $162,500 payable on April 1, 1989; for
1768+6 State fiscal year 1990, $162,500 payable on July 1, $300,000
1769+7 payable on October 1, $300,000 payable on January 1 and
1770+8 $300,000 payable on April 1; for State fiscal year 1991,
1771+9 either (1) $150,000 payable on July 1, $650,000 payable on
1772+10 September 1, $675,000 payable on January 1, and $275,000
1773+11 payable on April 1, or (2) $150,000 on July 1, $130,000 on the
1774+12 first day of each month from August through December, $225,000
1775+13 on the first day of each month from January through March and
1776+14 $92,000 on the first day of each month from April through June;
1777+15 for State fiscal year 1992, $260,000 payable on July 1,
1778+16 $900,000 payable on September 1, $300,000 payable on October
1779+17 1, $150,000 payable on January 1, and $100,000 payable on
1780+18 April 1; for State fiscal year 1993, $100,000 payable on July
1781+19 1, $230,000 payable on August 1 or within 10 days after July
1782+20 31, 1992, whichever is later, and $355,000 payable on October
1783+21 1; for State fiscal year 1994, $100,000 payable on July 1,
1784+22 $75,000 payable on October 1 and $75,000 payable on April 1;
1785+23 for State fiscal year 1995, $100,000 payable on July 1,
1786+24 $75,000 payable on October 1, and $75,000 payable on April 1,
1787+25 for State fiscal year 1996, $100,000 payable on July 1,
1788+26 $75,000 payable on October 1, and $75,000 payable on April 1.
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1799+1 The owner of any nuclear power reactor that has an operating
1800+2 license issued by the Nuclear Regulatory Commission for any
1801+3 portion of State fiscal year 1998 shall pay an annual fee of
1802+4 $30,000 through State fiscal year 2003. For State fiscal year
1803+5 2004 and subsequent fiscal years, the owner of any nuclear
1804+6 power reactor that has an operating license issued by the
1805+7 Nuclear Regulatory Commission shall pay an annual fee of
1806+8 $30,000 per reactor, provided that the fee shall not apply to a
1807+9 nuclear power reactor with regard to which the owner notified
1808+10 the Nuclear Regulatory Commission during State fiscal year
1809+11 1998 that the nuclear power reactor permanently ceased
1810+12 operations. The fee shall be due and payable on July 1 of each
1811+13 fiscal year. The fee due on July 1, 1998 shall be payable on
1812+14 that date, or within 10 days after the effective date of this
1813+15 amendatory Act of 1998, whichever is later. The fee due on July
1814+16 1, 1997 shall be payable on that date or within 10 days after
1815+17 the effective date of this amendatory Act of 1997, whichever
1816+18 is later. If the payments under this subsection for fiscal
1817+19 year 1993 due on January 1, 1993, or on April 1, 1993, or both,
1818+20 were due before the effective date of this amendatory Act of
1819+21 the 87th General Assembly, then those payments are waived and
1820+22 need not be made.
1821+23 All of the amounts collected by the Agency under this
1822+24 subsection (d) shall be deposited into the Low-Level
1823+25 Radioactive Waste Facility Development and Operation Fund
1824+26 created pursuant to subsection (a) of Section 14 of this Act
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1835+1 and expended, subject to appropriation, for the purposes
1836+2 provided in that subsection.
1837+3 All payments made by licensees under this subsection (d)
1838+4 for fiscal year 1992 that are not appropriated and obligated
1839+5 by the Agency above $1,750,000 per reactor in fiscal year
1840+6 1992, shall be credited to the licensees making the payments
1841+7 to reduce the per reactor fees required under this subsection
1842+8 (d) for fiscal year 1993.
1843+9 (e) The Agency shall promulgate rules and regulations
1844+10 establishing standards for the collection of the fees
1845+11 authorized by this Section. The regulations shall include, but
1846+12 need not be limited to:
1847+13 (1) the records necessary to identify the amounts of
1848+14 low-level radioactive wastes produced;
1849+15 (2) the form and submission of reports to accompany
1850+16 the payment of fees to the Agency; and
1851+17 (3) the time and manner of payment of fees to the
1852+18 Agency, which payments shall not be more frequent than
1853+19 quarterly.
1854+20 (f) Any operating agreement entered into under subsection
1855+21 (b) of Section 5 of this Act between the Agency and any
1856+22 disposal facility contractor shall, subject to the provisions
1857+23 of this Act, authorize the contractor to impose upon and
1858+24 collect from persons using the disposal facility fees designed
1859+25 and set at levels reasonably calculated to produce sufficient
1860+26 revenues (1) to pay all costs and expenses properly incurred
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1871+1 or accrued in connection with, and properly allocated to,
1872+2 performance of the contractor's obligations under the
1873+3 operating agreement, and (2) to provide reasonable and
1874+4 appropriate compensation or profit to the contractor under the
1875+5 operating agreement. For purposes of this subsection (f), the
1876+6 term "costs and expenses" may include, without limitation, (i)
1877+7 direct and indirect costs and expenses for labor, services,
1878+8 equipment, materials, insurance and other risk management
1879+9 costs, interest and other financing charges, and taxes or fees
1880+10 in lieu of taxes; (ii) payments to or required by the United
1881+11 States, the State of Illinois or any agency or department
1882+12 thereof, the Central Midwest Interstate Low-Level Radioactive
1883+13 Waste Compact, and subject to the provisions of this Act, any
1884+14 unit of local government; (iii) amortization of capitalized
1885+15 costs with respect to the disposal facility and its
1886+16 development, including any capitalized reserves; and (iv)
1887+17 payments with respect to reserves, accounts, escrows or trust
1888+18 funds required by law or otherwise provided for under the
1889+19 operating agreement.
1890+20 (g) (Blank).
1891+21 (h) (Blank).
1892+22 (i) (Blank).
1893+23 (j) (Blank).
1894+24 (j-5) Prior to commencement of facility operations, the
1895+25 Agency shall adopt rules providing for the establishment and
1896+26 collection of fees and charges with respect to the use of the
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1907+1 disposal facility as provided in subsection (f) of this
1908+2 Section.
1909+3 (k) The regional disposal facility shall be subject to ad
1910+4 valorem real estate taxes lawfully imposed by units of local
1911+5 government and school districts with jurisdiction over the
1912+6 facility. No other local government tax, surtax, fee or other
1913+7 charge on activities at the regional disposal facility shall
1914+8 be allowed except as authorized by the Agency.
1915+9 (l) The Agency shall have the power, in the event that
1916+10 acceptance of waste for disposal at the regional disposal
1917+11 facility is suspended, delayed or interrupted, to impose
1918+12 emergency fees on the generators of low-level radioactive
1919+13 waste. Generators shall pay emergency fees within 30 days of
1920+14 receipt of notice of the emergency fees. The Department shall
1921+15 deposit all of the receipts of any fees collected under this
1922+16 subsection into the Low-Level Radioactive Waste Facility
1923+17 Development and Operation Fund created under subsection (b) of
1924+18 Section 14. Emergency fees may be used to mitigate the impacts
1925+19 of the suspension or interruption of acceptance of waste for
1926+20 disposal. The requirements for rulemaking in the Illinois
1927+21 Administrative Procedure Act shall not apply to the imposition
1928+22 of emergency fees under this subsection.
1929+23 (m) The Agency shall promulgate any other rules and
1930+24 regulations as may be necessary to implement this Section.
1931+25 (Source: P.A. 100-938, eff. 8-17-18.)
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1942+1 Section 40. The Radioactive Waste Storage Act is amended
1943+2 by adding Section 0.05 and by changing Sections 1, 2, 3, 4, 5,
1944+3 and 6 as follows:
1945+4 (420 ILCS 35/0.05 new)
1946+5 Sec. 0.05. Definitions. In this Act:
1947+6 "IEMA-OHS" means the Illinois Emergency Management Agency
1948+7 and Office of Homeland Security, or its successor agency.
1949+8 "Director" means the Director of IEMA-OHS.
1950+9 "Nuclear power plant" or "nuclear steam-generating
1951+10 facility" means a thermal power plant in which the energy
1952+11 (heat) released by the fissioning of nuclear fuel is used to
1953+12 boil water to produce steam.
1954+13 "Nuclear facilities" means nuclear power plants,
1955+14 facilities housing nuclear test and research reactors,
1956+15 facilities for the chemical conversion of uranium, and
1957+16 facilities for the storage of spent nuclear fuel or high-level
1958+17 radioactive waste.
1959+18 "Nuclear power reactor" means an apparatus, other than an
1960+19 atomic weapon, designed or used to sustain nuclear fission in
1961+20 a self-supporting chain reaction.
1962+21 "Small modular reactor" or "SMR" means an advanced nuclear
1963+22 reactor: (1) with a rated nameplate capacity of 300 electrical
1964+23 megawatts or less; and (2) that may be constructed and
1965+24 operated in combination with similar reactors at a single
1966+25 site.
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1977+1 (420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)
1978+2 Sec. 1. The Director of the Illinois Emergency Management
1979+3 Agency is authorized to acquire by private purchase,
1980+4 acceptance, or by condemnation in the manner provided for the
1981+5 exercise of the power of eminent domain under the Eminent
1982+6 Domain Act, any and all lands, buildings and grounds where
1983+7 radioactive by-products and wastes produced by industrial,
1984+8 medical, agricultural, scientific or other organizations can
1985+9 be concentrated, stored or otherwise disposed in a manner
1986+10 consistent with the public health and safety. Whenever, in the
1987+11 judgment of the Director of the Illinois Emergency Management
1988+12 Agency, it is necessary to relocate existing facilities for
1989+13 the construction, operation, closure or long-term care of a
1990+14 facility for the safe and secure disposal of low-level
1991+15 radioactive waste, the cost of relocating such existing
1992+16 facilities may be deemed a part of the disposal facility land
1993+17 acquisition and the Illinois Emergency Management Agency may,
1994+18 on behalf of the State, pay such costs. Existing facilities
1995+19 include public utilities, commercial or industrial facilities,
1996+20 residential buildings, and such other public or privately
1997+21 owned buildings as the Director of the Illinois Emergency
1998+22 Management Agency deems necessary for relocation. The Illinois
1999+23 Emergency Management Agency is authorized to operate a
2000+24 relocation program, and to pay such costs of relocation as are
2001+25 provided in the federal "Uniform Relocation Assistance and
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2012+1 Real Property Acquisition Policies Act", Public Law 91-646.
2013+2 The Director of the Illinois Emergency Management Agency is
2014+3 authorized to exceed the maximum payments provided pursuant to
2015+4 the federal "Uniform Relocation Assistance and Real Property
2016+5 Acquisition Policies Act" if necessary to assure the provision
2017+6 of decent, safe, and sanitary housing, or to secure a suitable
2018+7 alternate location. Payments issued under this Section shall
2019+8 be made from the Low-level Radioactive Waste Facility
2020+9 Development and Operation Fund established by the Illinois
2021+10 Low-Level Radioactive Waste Management Act.
2022+11 (Source: P.A. 94-1055, eff. 1-1-07; 95-777, eff. 8-4-08.)
2023+12 (420 ILCS 35/2) (from Ch. 111 1/2, par. 230.2)
2024+13 Sec. 2. The Director of the Illinois Emergency Management
2025+14 Agency may accept, receive, and receipt for moneys or lands,
2026+15 buildings and grounds for and in behalf of the State, given by
2027+16 the Federal Government under any federal law to the State or by
2028+17 any other public or private agency, for the acquisition or
2029+18 operation of a site or sites for the concentration and storage
2030+19 of radioactive wastes. Such funds received by the Director
2031+20 pursuant to this section shall be deposited with the State
2032+21 Treasurer and held and disbursed by him in accordance with "An
2033+22 Act in relation to the receipt, custody, and disbursement of
2034+23 money allotted by the United States of America or any agency
2035+24 thereof for use in this State", approved July 3, 1939, as
2036+25 amended. Provided that such moneys or lands, buildings and
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2045+HB2473 Enrolled- 59 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 59 - LRB103 28983 AMQ 55369 b
2046+ HB2473 Enrolled - 59 - LRB103 28983 AMQ 55369 b
2047+1 grounds shall be used only for the purposes for which they are
2048+2 contributed.
2049+3 (Source: P.A. 95-777, eff. 8-4-08.)
2050+4 (420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3)
2051+5 Sec. 3. The Director of the Illinois Emergency Management
2052+6 Agency may lease such lands, buildings and grounds as it may
2053+7 acquire under the provisions of this Act to a private firm or
2054+8 firms for the purpose of operating a site or sites for the
2055+9 concentration and storage of radioactive wastes or for such
2056+10 other purpose not contrary to the public interests.
2057+11 (Source: P.A. 95-777, eff. 8-4-08.)
2058+12 (420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4)
2059+13 Sec. 4. The operation of any and all sites acquired for the
2060+14 concentration and storage of radioactive wastes shall be under
2061+15 the direct supervision of the Illinois Emergency Management
2062+16 Agency and shall be in accordance with regulations promulgated
2063+17 and enforced by the Agency to protect the public health and
2064+18 safety.
2065+19 (Source: P.A. 95-777, eff. 8-4-08.)
2066+20 (420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5)
2067+21 Sec. 5. The Director of the Illinois Emergency Management
2068+22 Agency is authorized to enter into contracts as he may deem
2069+23 necessary for carrying out the provisions of this Act. Such
2070+
2071+
2072+
2073+
2074+
2075+ HB2473 Enrolled - 59 - LRB103 28983 AMQ 55369 b
2076+
2077+
2078+HB2473 Enrolled- 60 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 60 - LRB103 28983 AMQ 55369 b
2079+ HB2473 Enrolled - 60 - LRB103 28983 AMQ 55369 b
2080+1 contracts may include the assessment of fees by the Agency.
2081+2 The fees required shall be established at a rate which
2082+3 provides an annual amount equal to the anticipated reasonable
2083+4 cost necessary to maintain, monitor, and otherwise supervise
2084+5 and care for lands and facilities as required in the interest
2085+6 of public health and safety.
2086+7 (Source: P.A. 95-777, eff. 8-4-08.)
2087+8 (420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6)
2088+9 Sec. 6. It is recognized by the General Assembly that any
2089+10 site used for the concentration and storage of radioactive
2090+11 waste material will represent a continuing and perpetual
2091+12 responsibility in the interests of the public health, safety
2092+13 and general welfare, and that the same must ultimately be
2093+14 reposed in a sovereign government without regard for the
2094+15 existence or nonexistence of any particular agency,
2095+16 instrumentality, department, division or officer thereof. In
2096+17 all instances lands, buildings and grounds which are to be
2097+18 designated as sites for the concentration and storage of
2098+19 radioactive waste materials shall be acquired in fee simple
2099+20 absolute and dedicated in perpetuity to such purpose. All
2100+21 rights, title and interest in, of and to any radioactive waste
2101+22 materials accepted by the Illinois Emergency Management Agency
2102+23 for permanent storage at such facilities, shall upon
2103+24 acceptance become the property of the State and shall be in all
2104+25 respects administered, controlled, and disposed of, including
2105+
2106+
2107+
2108+
2109+
2110+ HB2473 Enrolled - 60 - LRB103 28983 AMQ 55369 b
2111+
2112+
2113+HB2473 Enrolled- 61 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 61 - LRB103 28983 AMQ 55369 b
2114+ HB2473 Enrolled - 61 - LRB103 28983 AMQ 55369 b
2115+1 transfer by sale, lease, loan or otherwise, by the Agency in
2116+2 the name of the State. All fees received pursuant to contracts
2117+3 entered into by the Illinois Emergency Management Agency shall
2118+4 be deposited in the State Treasury and shall be set apart in a
2119+5 special fund to be known as the "Radioactive Waste Site
2120+6 Perpetual Care Fund". Monies deposited in the fund shall be
2121+7 expended by the Illinois Emergency Management Agency to
2122+8 monitor and maintain the site as required to protect the
2123+9 public health and safety on a continuing and perpetual basis.
2124+10 All payments received by the Department of Nuclear Safety (now
2125+11 the Illinois Emergency Management Agency) pursuant to the
2126+12 settlement agreement entered May 25, 1988, in the matter of
2127+13 the People of the State of Illinois, et al. v. Teledyne, Inc.,
2128+14 et al. (No. 78 MR 25, Circuit Court, Bureau County, Illinois)
2129+15 shall be held by the State Treasurer separate and apart from
2130+16 all public moneys or funds of the State, and shall be used only
2131+17 as provided in such settlement agreement.
2132+18 (Source: P.A. 95-777, eff. 8-4-08.)
2133+19 Section 45. The Radioactive Waste Tracking and Permitting
2134+20 Act is amended by changing Sections 5, 10, and 15 as follows:
2135+21 (420 ILCS 37/5)
2136+22 Sec. 5. Legislative findings.
2137+23 (a) The General Assembly finds:
2138+24 (1) that a considerable volume of wastes are produced
2139+
2140+
2141+
2142+
2143+
2144+ HB2473 Enrolled - 61 - LRB103 28983 AMQ 55369 b
2145+
2146+
2147+HB2473 Enrolled- 62 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 62 - LRB103 28983 AMQ 55369 b
2148+ HB2473 Enrolled - 62 - LRB103 28983 AMQ 55369 b
2149+1 in this State with even greater volumes to be produced in
2150+2 the future;
2151+3 (2) that these wastes pose a significant risk to the
2152+4 public health, safety and welfare of the people of
2153+5 Illinois; and
2154+6 (3) that it is the obligation of the State of Illinois
2155+7 to its citizens to provide for the safe management of the
2156+8 wastes produced within its borders.
2157+9 (b) It is the intent of this Act to authorize the Illinois
2158+10 Emergency Management Agency to establish, by regulation, a
2159+11 tracking system for the regulation of the use of facilities
2160+12 licensed under Section 8 of the Illinois Low-Level Radioactive
2161+13 Waste Management Act.
2162+14 (Source: P.A. 95-777, eff. 8-4-08.)
2163+15 (420 ILCS 37/10)
2164+16 Sec. 10. Definitions.
2165+17 (a) "Agency" or "IEMA-OHS" means the Illinois Emergency
2166+18 Management Agency and Office of Homeland Security, or its
2167+19 successor agency.
2168+20 (b) "Director" means the Director of the Illinois
2169+21 Emergency Management Agency.
2170+22 (c) "Disposal" means the isolation of waste from the
2171+23 biosphere in a permanent facility designed for that purpose.
2172+24 (d) "Facility" means a parcel of land or a site, together
2173+25 with structures, equipment, and improvements on or appurtenant
2174+
2175+
2176+
2177+
2178+
2179+ HB2473 Enrolled - 62 - LRB103 28983 AMQ 55369 b
2180+
2181+
2182+HB2473 Enrolled- 63 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 63 - LRB103 28983 AMQ 55369 b
2183+ HB2473 Enrolled - 63 - LRB103 28983 AMQ 55369 b
2184+1 to the land or site, that is used or is being developed for the
2185+2 treatment, storage, or disposal of low-level radioactive
2186+3 waste.
2187+4 (e) "Low-level radioactive waste" or "waste" means
2188+5 radioactive waste not classified as (1) high-level radioactive
2189+6 waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
2190+7 byproduct material as defined in Sections 11e(2), 11e(3), and
2191+8 11e(4) of the Atomic Energy Act (42 U.S.C. 2014). This
2192+9 definition shall apply notwithstanding any declaration by the
2193+10 federal government, a state, or any regulatory agency that any
2194+11 radioactive material is exempt from any regulatory control.
2195+12 (e-5) "Nuclear facilities" means nuclear power plants,
2196+13 facilities housing nuclear test and research reactors,
2197+14 facilities for the chemical conversion of uranium, and
2198+15 facilities for the storage of spent nuclear fuel or high-level
2199+16 radioactive waste.
2200+17 (e-10) "Nuclear power plant" or "nuclear steam-generating
2201+18 facility" means a thermal power plant in which the energy
2202+19 (heat) released by the fissioning of nuclear fuel is used to
2203+20 boil water to produce steam.
2204+21 (e-15) "Nuclear power reactor" means an apparatus, other
2205+22 than an atomic weapon, designed or used to sustain nuclear
2206+23 fission in a self-supporting chain reaction.
2207+24 (e-20) "Small modular reactor" or "SMR" means an advanced
2208+25 nuclear reactor: (1) with a rated nameplate capacity of 300
2209+26 electrical megawatts or less; and (2) that may be constructed
2210+
2211+
2212+
2213+
2214+
2215+ HB2473 Enrolled - 63 - LRB103 28983 AMQ 55369 b
2216+
2217+
2218+HB2473 Enrolled- 64 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 64 - LRB103 28983 AMQ 55369 b
2219+ HB2473 Enrolled - 64 - LRB103 28983 AMQ 55369 b
2220+1 and operated in combination with similar reactors at a single
2221+2 site.
2222+3 (f) "Person" means an individual, corporation, business
2223+4 enterprise, or other legal entity, public or private, or any
2224+5 legal successor, representative, agent, or agency of that
2225+6 individual, corporation, business enterprise, or legal entity.
2226+7 (g) "Regional facility" or "disposal facility" means a
2227+8 facility that is located in Illinois and established by
2228+9 Illinois, under designation of Illinois as a host state by the
2229+10 Commission for disposal of waste.
2230+11 (h) "Storage" means the temporary holding of waste for
2231+12 treatment or disposal for a period determined by Agency
2232+13 regulations.
2233+14 (i) "Treatment" means any method, technique, or process,
2234+15 including storage for radioactive decay, that is designed to
2235+16 change the physical, chemical, or biological characteristics
2236+17 or composition of any waste in order to render the waste safer
2237+18 for transport, storage, or disposal, amenable to recovery,
2238+19 convertible to another usable material, or reduced in volume.
2239+20 (Source: P.A. 103-306, eff. 7-28-23.)
2240+21 (420 ILCS 37/15)
2241+22 Sec. 15. Permit requirements for the storage, treatment,
2242+23 and disposal of waste at a disposal facility.
2243+24 (a) Upon adoption of regulations under subsection (c) of
2244+25 this Section, no person shall deposit any low-level
2245+
2246+
2247+
2248+
2249+
2250+ HB2473 Enrolled - 64 - LRB103 28983 AMQ 55369 b
2251+
2252+
2253+HB2473 Enrolled- 65 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 65 - LRB103 28983 AMQ 55369 b
2254+ HB2473 Enrolled - 65 - LRB103 28983 AMQ 55369 b
2255+1 radioactive waste at a storage, treatment, or disposal
2256+2 facility in Illinois licensed under Section 8 of the Illinois
2257+3 Low-Level Radioactive Waste Management Act without a permit
2258+4 granted by the Illinois Emergency Management Agency.
2259+5 (b) Upon adoption of regulations under subsection (c) of
2260+6 this Section, no person shall operate a storage, treatment, or
2261+7 disposal facility licensed under Section 8 of the Illinois
2262+8 Low-Level Radioactive Waste Management Act without a permit
2263+9 granted by the Illinois Emergency Management Agency.
2264+10 (c) The Illinois Emergency Management Agency shall adopt
2265+11 regulations providing for the issuance, suspension, and
2266+12 revocation of permits required under subsections (a) and (b)
2267+13 of this Section. The regulations may provide a system for
2268+14 tracking low-level radioactive waste to ensure that waste that
2269+15 other states are responsible for disposing of under federal
2270+16 law does not become the responsibility of the State of
2271+17 Illinois. The regulations shall be consistent with the Federal
2272+18 Hazardous Materials Transportation Act.
2273+19 (d) The Agency may enter into a contract or contracts for
2274+20 operation of the system for tracking low-level radioactive
2275+21 waste as provided in subsection (c) of this Section.
2276+22 (e) A person who violates this Section or any regulation
2277+23 promulgated under this Section shall be subject to a civil
2278+24 penalty, not to exceed $10,000, for each violation. Each day a
2279+25 violation continues shall constitute a separate offense. A
2280+26 person who fails to pay a civil penalty imposed by a regulation
2281+
2282+
2283+
2284+
2285+
2286+ HB2473 Enrolled - 65 - LRB103 28983 AMQ 55369 b
2287+
2288+
2289+HB2473 Enrolled- 66 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 66 - LRB103 28983 AMQ 55369 b
2290+ HB2473 Enrolled - 66 - LRB103 28983 AMQ 55369 b
2291+1 adopted under this Section, or any portion of the penalty, is
2292+2 liable in a civil action in an amount not to exceed 4 times the
2293+3 amount imposed and not paid. At the request of the Agency, the
2294+4 Attorney General shall, on behalf of the State, bring an
2295+5 action for the recovery of any civil penalty provided for by
2296+6 this Section. Any civil penalties so recovered shall be
2297+7 deposited in the Low-Level Radioactive Waste Facility Closure,
2298+8 Post-Closure Care and Compensation Fund.
2299+9 (Source: P.A. 95-777, eff. 8-4-08.)
2300+10 Section 50. The Radiation Protection Act of 1990 is
2301+11 amended by changing Sections 4, 11, 14, 24.7, 25.1, and 25.2 as
2302+12 follows:
2303+13 (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
2304+14 (Section scheduled to be repealed on January 1, 2027)
2305+15 Sec. 4. Definitions. As used in this Act:
2306+16 (a) "Accreditation" means the process by which the Agency
2307+17 grants permission to persons meeting the requirements of this
2308+18 Act and the Agency's rules and regulations to engage in the
2309+19 practice of administering radiation to human beings.
2310+20 (a-2) "Agency" or "IEMA-OHS" means the Illinois Emergency
2311+21 Management Agency and Office of Homeland Security, or its
2312+22 successor agency.
2313+23 (a-3) "Assistant Director" means the Assistant Director of
2314+24 the Agency.
2315+
2316+
2317+
2318+
2319+
2320+ HB2473 Enrolled - 66 - LRB103 28983 AMQ 55369 b
2321+
2322+
2323+HB2473 Enrolled- 67 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 67 - LRB103 28983 AMQ 55369 b
2324+ HB2473 Enrolled - 67 - LRB103 28983 AMQ 55369 b
2325+1 (a-5) "By-product material" means: (1) any radioactive
2326+2 material (except special nuclear material) yielded in or made
2327+3 radioactive by exposure to radiation incident to the process
2328+4 of producing or utilizing special nuclear material; (2) the
2329+5 tailings or wastes produced by the extraction or concentration
2330+6 of uranium or thorium from any ore processed primarily for its
2331+7 source material content, including discrete surface wastes
2332+8 resulting from underground solution extraction processes but
2333+9 not including underground ore bodies depleted by such solution
2334+10 extraction processes; (3) any discrete source of radium-226
2335+11 that is produced, extracted, or converted after extraction,
2336+12 before, on, or after August 8, 2005, for use for a commercial,
2337+13 medical, or research activity; (4) any material that has been
2338+14 made radioactive by use of a particle accelerator and is
2339+15 produced, extracted, or converted after extraction before, on,
2340+16 or after August 8, 2005, for use for a commercial, medical, or
2341+17 research activity; and (5) any discrete source of naturally
2342+18 occurring radioactive material, other than source material,
2343+19 that is extracted or converted after extraction for use in
2344+20 commercial, medical, or research activity before, on, or after
2345+21 August 8, 2005, and which the U.S. Nuclear Regulatory
2346+22 Commission, in consultation with the Administrator of the
2347+23 Environmental Protection Agency, the Secretary of Energy, the
2348+24 Secretary of Homeland Security, and the head of any other
2349+25 appropriate Federal agency, determines would pose a threat to
2350+26 the public health and safety or the common defense and
2351+
2352+
2353+
2354+
2355+
2356+ HB2473 Enrolled - 67 - LRB103 28983 AMQ 55369 b
2357+
2358+
2359+HB2473 Enrolled- 68 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 68 - LRB103 28983 AMQ 55369 b
2360+ HB2473 Enrolled - 68 - LRB103 28983 AMQ 55369 b
2361+1 security similar to the threat posed by a discrete source or
2362+2 radium-226.
2363+3 (b) (Blank).
2364+4 (c) (Blank).
2365+5 (d) "General license" means a license, pursuant to
2366+6 regulations promulgated by the Agency, effective without the
2367+7 filing of an application to transfer, acquire, own, possess or
2368+8 use quantities of, or devices or equipment utilizing,
2369+9 radioactive material, including but not limited to by-product,
2370+10 source or special nuclear materials.
2371+11 (d-1) "Identical in substance" means the regulations
2372+12 promulgated by the Agency would require the same actions with
2373+13 respect to ionizing radiation, for the same group of affected
2374+14 persons, as would federal laws, regulations, or orders if any
2375+15 federal agency, including but not limited to the Nuclear
2376+16 Regulatory Commission, Food and Drug Administration, or
2377+17 Environmental Protection Agency, administered the subject
2378+18 program in Illinois.
2379+19 (d-3) "Mammography" means radiography of the breast
2380+20 primarily for the purpose of enabling a physician to determine
2381+21 the presence, size, location and extent of cancerous or
2382+22 potentially cancerous tissue in the breast.
2383+23 (d-5) "Nuclear facilities" means nuclear power plants,
2384+24 facilities housing nuclear test and research reactors,
2385+25 facilities for the chemical conversion of uranium, and
2386+26 facilities for the storage of spent nuclear fuel or high-level
2387+
2388+
2389+
2390+
2391+
2392+ HB2473 Enrolled - 68 - LRB103 28983 AMQ 55369 b
2393+
2394+
2395+HB2473 Enrolled- 69 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 69 - LRB103 28983 AMQ 55369 b
2396+ HB2473 Enrolled - 69 - LRB103 28983 AMQ 55369 b
2397+1 radioactive waste.
2398+2 (d-5.5) "Nuclear power plant" or "nuclear steam-generating
2399+3 facility" means a thermal power plant in which the energy
2400+4 (heat) released by the fissioning of nuclear fuel is used to
2401+5 boil water to produce steam.
2402+6 (d-5.10) "Nuclear power reactor" means an apparatus, other
2403+7 than an atomic weapon, designed or used to sustain nuclear
2404+8 fission in a self-supporting chain reaction.
2405+9 (d-7) "Operator" is an individual, group of individuals,
2406+10 partnership, firm, corporation, association, or other entity
2407+11 conducting the business or activities carried on within a
2408+12 radiation installation.
2409+13 (e) "Person" means any individual, corporation,
2410+14 partnership, firm, association, trust, estate, public or
2411+15 private institution, group, agency, political subdivision of
2412+16 this State, any other State or political subdivision or agency
2413+17 thereof, and any legal successor, representative, agent, or
2414+18 agency of the foregoing, other than the United States Nuclear
2415+19 Regulatory Commission, or any successor thereto, and other
2416+20 than federal government agencies licensed by the United States
2417+21 Nuclear Regulatory Commission, or any successor thereto.
2418+22 "Person" also includes a federal entity (and its contractors)
2419+23 if the federal entity agrees to be regulated by the State or as
2420+24 otherwise allowed under federal law.
2421+25 (f) "Radiation" or "ionizing radiation" means gamma rays
2422+26 and x-rays, alpha and beta particles, high speed electrons,
2423+
2424+
2425+
2426+
2427+
2428+ HB2473 Enrolled - 69 - LRB103 28983 AMQ 55369 b
2429+
2430+
2431+HB2473 Enrolled- 70 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 70 - LRB103 28983 AMQ 55369 b
2432+ HB2473 Enrolled - 70 - LRB103 28983 AMQ 55369 b
2433+1 neutrons, protons, and other nuclear particles or
2434+2 electromagnetic radiations capable of producing ions directly
2435+3 or indirectly in their passage through matter; but does not
2436+4 include sound or radio waves or visible, infrared, or
2437+5 ultraviolet light.
2438+6 (f-5) "Radiation emergency" means the uncontrolled release
2439+7 of radioactive material from a radiation installation which
2440+8 poses a potential threat to the public health, welfare, and
2441+9 safety.
2442+10 (g) "Radiation installation" is any location or facility
2443+11 where radiation machines are used or where radioactive
2444+12 material is produced, transported, stored, disposed of, or
2445+13 used for any purpose.
2446+14 (h) "Radiation machine" is any device that produces
2447+15 radiation when in use.
2448+16 (i) "Radioactive material" means any solid, liquid, or
2449+17 gaseous substance which emits radiation spontaneously.
2450+18 (j) "Radiation source" or "source of ionizing radiation"
2451+19 means a radiation machine or radioactive material as defined
2452+20 herein.
2453+21 (j-5) "Small modular reactor" or "SMR" means an advanced
2454+22 nuclear reactor: (1) with a rated nameplate capacity of 300
2455+23 electrical megawatts or less; and (2) that may be constructed
2456+24 and operated in combination with similar reactors at a single
2457+25 site.
2458+26 (k) "Source material" means (1) uranium, thorium, or any
2459+
2460+
2461+
2462+
2463+
2464+ HB2473 Enrolled - 70 - LRB103 28983 AMQ 55369 b
2465+
2466+
2467+HB2473 Enrolled- 71 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 71 - LRB103 28983 AMQ 55369 b
2468+ HB2473 Enrolled - 71 - LRB103 28983 AMQ 55369 b
2469+1 other material which the Agency declares by order to be source
2470+2 material after the United States Nuclear Regulatory
2471+3 Commission, or any successor thereto, has determined the
2472+4 material to be such; or (2) ores containing one or more of the
2473+5 foregoing materials, in such concentration as the Agency
2474+6 declares by order to be source material after the United
2475+7 States Nuclear Regulatory Commission, or any successor
2476+8 thereto, has determined the material in such concentration to
2477+9 be source material.
2478+10 (l) "Special nuclear material" means (1) plutonium,
2479+11 uranium 233, uranium enriched in the isotope 233 or in the
2480+12 isotope 235, and any other material which the Agency declares
2481+13 by order to be special nuclear material after the United
2482+14 States Nuclear Regulatory Commission, or any successor
2483+15 thereto, has determined the material to be such, but does not
2484+16 include source material; or (2) any material artificially
2485+17 enriched by any of the foregoing, but does not include source
2486+18 material.
2487+19 (m) "Specific license" means a license, issued after
2488+20 application, to use, manufacture, produce, transfer, receive,
2489+21 acquire, own, or possess quantities of, or devices or
2490+22 equipment utilizing radioactive materials.
2491+23 (Source: P.A. 95-511, eff. 8-28-07; 95-777, eff. 8-4-08;
2492+24 96-1041, eff. 7-14-10.)
2493+25 (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)
2494+
2495+
2496+
2497+
2498+
2499+ HB2473 Enrolled - 71 - LRB103 28983 AMQ 55369 b
2500+
2501+
2502+HB2473 Enrolled- 72 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 72 - LRB103 28983 AMQ 55369 b
2503+ HB2473 Enrolled - 72 - LRB103 28983 AMQ 55369 b
2504+1 (Section scheduled to be repealed on January 1, 2027)
2505+2 Sec. 11. Federal-State Agreements.
2506+3 (1) The Governor, on behalf of this State, is authorized
2507+4 to enter into agreements with the Federal Government providing
2508+5 for discontinuance of certain of the Federal Government's
2509+6 responsibilities with respect to sources of ionizing radiation
2510+7 and the assumption thereof by this State, including, but not
2511+8 limited to, agreements concerning by-product material as
2512+9 defined in Section 11(e)(2) of the Atomic Energy Act of 1954,
2513+10 42 U.S.C. 2014(e)(2).
2514+11 (2) Any person who, on the effective date of an agreement
2515+12 under subsection (1) above, possesses a license issued by the
2516+13 Federal Government governing activities for which the Federal
2517+14 Government, pursuant to such agreement, is transferring its
2518+15 responsibilities to this State shall be deemed to possess the
2519+16 same pursuant to a license issued under this Act, which shall
2520+17 expire 90 days after receipt from the Department of Nuclear
2521+18 Safety (or its successor agency, the Illinois Emergency
2522+19 Management Agency) of a notice of expiration of such license,
2523+20 or on the date of expiration specified in the Federal license,
2524+21 whichever is earlier.
2525+22 (3) At such time as Illinois enters into a Federal-State
2526+23 Agreement in accordance with the provisions of this Act, the
2527+24 Agency shall license and collect license fees from persons
2528+25 operating radiation installations, including installations
2529+26 involving the use or possession of by-product material as
2530+
2531+
2532+
2533+
2534+
2535+ HB2473 Enrolled - 72 - LRB103 28983 AMQ 55369 b
2536+
2537+
2538+HB2473 Enrolled- 73 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 73 - LRB103 28983 AMQ 55369 b
2539+ HB2473 Enrolled - 73 - LRB103 28983 AMQ 55369 b
2540+1 defined in subsection (a-5)(2) of Section 4 and installations
2541+2 having such devices or equipment utilizing or producing
2542+3 radioactive materials but licensure shall not apply to any
2543+4 x-ray machine, including those located in an office of a
2544+5 licensed physician or dentist. The Agency may also collect
2545+6 license fees from persons authorized by the Agency to engage
2546+7 in decommissioning and decontamination activities at radiation
2547+8 installations including installations licensed to use or
2548+9 possess by-product material as defined in subsection (a-5)(2)
2549+10 of Section 4. The license fees collected from persons
2550+11 authorized to use or possess by-product material as defined in
2551+12 subsection (a-5)(2) of Section 4 or to engage in
2552+13 decommissioning and decontamination activities at radiation
2553+14 installations where such by-product material is used or
2554+15 possessed may include fees sufficient to cover the expenses
2555+16 incurred by the Department in conjunction with monitoring
2556+17 unlicensed properties contaminated with by-product material as
2557+18 defined in subsection (a-5)(2) of Section 4 and overseeing the
2558+19 decontamination of such unlicensed properties.
2559+20 The Agency may impose fees for termination of licenses
2560+21 including, but not limited to, licenses for refining uranium
2561+22 mill concentrates to uranium hexafluoride; licenses for
2562+23 possession and use of source material at ore buying stations,
2563+24 at ion exchange facilities and at facilities where ore is
2564+25 processed to extract metals other than uranium or thorium; and
2565+26 licenses authorizing the use or possession of by-product
2566+
2567+
2568+
2569+
2570+
2571+ HB2473 Enrolled - 73 - LRB103 28983 AMQ 55369 b
2572+
2573+
2574+HB2473 Enrolled- 74 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 74 - LRB103 28983 AMQ 55369 b
2575+ HB2473 Enrolled - 74 - LRB103 28983 AMQ 55369 b
2576+1 material as defined in subsection (a-5)(2) of Section 4. The
2577+2 Agency may also set license fees for licenses which authorize
2578+3 the distribution of devices, products, or sealed sources
2579+4 involved in the production, utilization, or containment of
2580+5 radiation. After a public hearing before the Agency, the fees
2581+6 and collection procedures shall be prescribed under rules and
2582+7 regulations for protection against radiation hazards
2583+8 promulgated under this Act.
2584+9 (4) The Agency is authorized to enter into agreements
2585+10 related to the receipt and expenditure of federal grants and
2586+11 other funds to provide assistance to states and compact
2587+12 regions in fulfilling responsibilities under the federal
2588+13 Low-Level Radioactive Waste Policy Act, as amended.
2589+14 (Source: P.A. 94-104, eff. 7-1-05.)
2590+15 (420 ILCS 40/14) (from Ch. 111 1/2, par. 210-14)
2591+16 (Section scheduled to be repealed on January 1, 2027)
2592+17 Sec. 14. Radiation Protection Advisory Council. There
2593+18 shall be created a Radiation Protection Advisory Council
2594+19 consisting of 7 members to be appointed by the Governor on the
2595+20 basis of demonstrated interest in and capacity to further the
2596+21 purposes of this Act and who shall broadly reflect the varied
2597+22 interests in and aspects of atomic energy and ionizing
2598+23 radiation within the State. The Director of the Department of
2599+24 Labor and the Chairman of the Commerce Commission or their
2600+25 representatives shall be ex-officio members of the Council.
2601+
2602+
2603+
2604+
2605+
2606+ HB2473 Enrolled - 74 - LRB103 28983 AMQ 55369 b
2607+
2608+
2609+HB2473 Enrolled- 75 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 75 - LRB103 28983 AMQ 55369 b
2610+ HB2473 Enrolled - 75 - LRB103 28983 AMQ 55369 b
2611+1 Each member of the Council shall be appointed for a 4 year
2612+2 term and shall continue to serve until a successor is
2613+3 appointed. Any member appointed to fill a vacancy occurring
2614+4 prior to the expiration of the term for which his or her
2615+5 predecessor was appointed shall continue to serve until a
2616+6 successor is appointed. The Chairman of the Council shall be
2617+7 selected by and from the Council membership. The Council
2618+8 members shall serve without compensation but shall be
2619+9 reimbursed for their actual expenses incurred in line of duty.
2620+10 The Council shall meet as often as the Chairman deems
2621+11 necessary, but upon request of 4 or more members it shall be
2622+12 the duty of the Chairman to call a meeting of the Council.
2623+13 It shall be the duty of the Council to assist in the
2624+14 formulation of and to review the policies and program of the
2625+15 Agency as developed under authority of this Act and to make
2626+16 recommendations thereon and to provide the Agency with such
2627+17 technical advice and assistance as may be requested. The
2628+18 Council may employ such professional, technical, clerical and
2629+19 other assistants, without regard to the civil service laws or
2630+20 the "Personnel Code" of this State, as it deems necessary to
2631+21 carry out its duties.
2632+22 Individuals who serve on advisory boards of the Department
2633+23 of Nuclear Safety or its successor agency, the Illinois
2634+24 Emergency Management Agency, shall be defended by the Attorney
2635+25 General and indemnified for all actions alleging a violation
2636+26 of any duty arising within the scope of their service on such
2637+
2638+
2639+
2640+
2641+
2642+ HB2473 Enrolled - 75 - LRB103 28983 AMQ 55369 b
2643+
2644+
2645+HB2473 Enrolled- 76 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 76 - LRB103 28983 AMQ 55369 b
2646+ HB2473 Enrolled - 76 - LRB103 28983 AMQ 55369 b
2647+1 board. Nothing contained herein shall be deemed to afford
2648+2 defense or indemnification for any willful or wanton violation
2649+3 of law. Such defense and indemnification shall be afforded in
2650+4 accordance with the terms and provisions of the State Employee
2651+5 Indemnification Act.
2652+6 (Source: P.A. 94-104, eff. 7-1-05.)
2653+7 (420 ILCS 40/24.7)
2654+8 (Section scheduled to be repealed on January 1, 2027)
2655+9 Sec. 24.7. Registration requirement; fees. Beginning
2656+10 January 1, 2000, the Department of Nuclear Safety or its
2657+11 successor agency, the Illinois Emergency Management Agency, is
2658+12 authorized to require every operator of a radiation
2659+13 installation to register the installation with the Department
2660+14 or the Agency before the installation is placed in operation.
2661+15 The Agency is authorized to exempt certain radiation sources
2662+16 from registration by rule when the Agency makes a
2663+17 determination that the exemption of such sources will not
2664+18 constitute a significant risk to health and safety of the
2665+19 public. Whenever there is a change in a radiation installation
2666+20 that affects the registration information provided to the
2667+21 Department or the Agency, including discontinuation of use or
2668+22 disposition of radiation sources, the operator of such
2669+23 installation shall, within 30 days, give written notice to the
2670+24 Department or the Agency detailing the change.
2671+25 Beginning January 1, 2000, every radiation installation
2672+
2673+
2674+
2675+
2676+
2677+ HB2473 Enrolled - 76 - LRB103 28983 AMQ 55369 b
2678+
2679+
2680+HB2473 Enrolled- 77 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 77 - LRB103 28983 AMQ 55369 b
2681+ HB2473 Enrolled - 77 - LRB103 28983 AMQ 55369 b
2682+1 operator using radiation machines shall register annually in a
2683+2 manner and form prescribed by the Department of Nuclear Safety
2684+3 or its successor agency, the Illinois Emergency Management
2685+4 Agency, and shall pay the Department or the Agency an annual
2686+5 registration fee for each radiation machine. The Agency shall
2687+6 by rule establish the annual registration fee to register and
2688+7 inspect radiation installations based on the type of facility
2689+8 and equipment possessed by the registrant. The Agency shall
2690+9 bill the operator for the registration fee as soon as
2691+10 practical after January 1. The registration fee shall be due
2692+11 and payable within 60 days of the date of billing. If after 60
2693+12 days the registration fee is not paid, the Agency may issue an
2694+13 order directing the operator of the installation to cease use
2695+14 of all radiation machines or take other appropriate
2696+15 enforcement action as provided in Section 36 of this Act. Fees
2697+16 collected under this Section are not refundable.
2698+17 Registration of any radiation installation shall not imply
2699+18 approval of manufacture, storage, use, handling, operation, or
2700+19 disposal of radiation sources, but shall serve merely as
2701+20 notice to the Agency of the location and character of
2702+21 radiation sources in this State.
2703+22 (Source: P.A. 94-104, eff. 7-1-05.)
2704+23 (420 ILCS 40/25.1)
2705+24 (Section scheduled to be repealed on January 1, 2027)
2706+25 Sec. 25.1. Each individual responsible for implementing a
2707+
2708+
2709+
2710+
2711+
2712+ HB2473 Enrolled - 77 - LRB103 28983 AMQ 55369 b
2713+
2714+
2715+HB2473 Enrolled- 78 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 78 - LRB103 28983 AMQ 55369 b
2716+ HB2473 Enrolled - 78 - LRB103 28983 AMQ 55369 b
2717+1 comprehensive radiation protection program for all hospitals
2718+2 and other facilities using mammography, computed tomography
2719+3 (CT), or therapeutic radiation machines shall register with
2720+4 the Department of Nuclear Safety or its successor agency, the
2721+5 Illinois Emergency Management Agency. Application for
2722+6 registration shall be made on a form prescribed by the Agency
2723+7 and shall be accompanied by the required application fee. The
2724+8 Agency shall approve the application and register an
2725+9 individual if the individual satisfies criteria established by
2726+10 rule of the Agency. The Agency shall assess registered
2727+11 individuals an annual registration fee. The Agency shall
2728+12 establish by rule application and registration fees. The
2729+13 application and registration fees shall not be refundable.
2730+14 (Source: P.A. 96-1041, eff. 7-14-10.)
2731+15 (420 ILCS 40/25.2)
2732+16 (Section scheduled to be repealed on January 1, 2027)
2733+17 Sec. 25.2. Installation and servicing of radiation
2734+18 machines.
2735+19 (a) Beginning January 1, 2002, a service provider who
2736+20 installs or services radiation machines in the State of
2737+21 Illinois must register with the Department of Nuclear Safety
2738+22 or its successor agency, the Illinois Emergency Management
2739+23 Agency. An operator of a radiation installation that is
2740+24 registered under Section 24.7 is not required to register
2741+25 under this Section to service the radiation machines that it
2742+
2743+
2744+
2745+
2746+
2747+ HB2473 Enrolled - 78 - LRB103 28983 AMQ 55369 b
2748+
2749+
2750+HB2473 Enrolled- 79 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 79 - LRB103 28983 AMQ 55369 b
2751+ HB2473 Enrolled - 79 - LRB103 28983 AMQ 55369 b
2752+1 owns or leases.
2753+2 (b) A service provider who installs a radiation machine in
2754+3 the State of Illinois must report the installation to the
2755+4 Agency.
2756+5 (c) A service provider who services a radiation machine in
2757+6 a radiation installation in the State of Illinois that is not
2758+7 registered under Section 24.7 must report the service to the
2759+8 Agency.
2760+9 (d) The Agency is authorized to adopt rules to implement
2761+10 this Section, including rules assessing application and annual
2762+11 registration fees. Application and registration fees are not
2763+12 refundable.
2764+13 (Source: P.A. 94-104, eff. 7-1-05.)
2765+14 Section 55. The Uranium and Thorium Mill Tailings Control
2766+15 Act is amended by changing Section 10 as follows:
2767+16 (420 ILCS 42/10)
2768+17 Sec. 10. Definitions. As used in this Act:
2769+18 "Agency" or "IEMA-OHS" means the Illinois Emergency
2770+19 Management Agency and Office of Homeland Security, or its
2771+20 successor agency.
2772+21 "By-product material" means the tailings or wastes
2773+22 produced by the extraction or concentration of uranium or
2774+23 thorium from any ore processed primarily for its source
2775+24 material content, including discrete surface wastes resulting
2776+
2777+
2778+
2779+
2780+
2781+ HB2473 Enrolled - 79 - LRB103 28983 AMQ 55369 b
2782+
2783+
2784+HB2473 Enrolled- 80 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 80 - LRB103 28983 AMQ 55369 b
2785+ HB2473 Enrolled - 80 - LRB103 28983 AMQ 55369 b
2786+1 from underground solution extraction processes but not
2787+2 including underground ore bodies depleted by such solution
2788+3 extraction processes.
2789+4 "Director" means the Director of the Illinois Emergency
2790+5 Management Agency.
2791+6 "Nuclear facilities" means nuclear power plants,
2792+7 facilities housing nuclear test and research reactors,
2793+8 facilities for the chemical conversion of uranium, and
2794+9 facilities for the storage of spent nuclear fuel or high-level
2795+10 radioactive waste.
2796+11 "Nuclear power plant" or "nuclear steam-generating
2797+12 facility" means a thermal power plant in which the energy
2798+13 (heat) released by the fissioning of nuclear fuel is used to
2799+14 boil water to produce steam.
2800+15 "Nuclear power reactor" means an apparatus, other than an
2801+16 atomic weapon, designed or used to sustain nuclear fission in
2802+17 a self-supporting chain reaction.
2803+18 "Person" means any individual, corporation, partnership,
2804+19 firm, association, trust, estate, public or private
2805+20 institution, group, agency, political subdivision of this
2806+21 State, any other State or political subdivision or agency
2807+22 thereof, and any legal successor, representative, agent, or
2808+23 agency of the foregoing, other than the United States Nuclear
2809+24 Regulatory Commission, or any successor thereto, and other
2810+25 than federal government agencies licensed by the United States
2811+26 Nuclear Regulatory Commission, or any successor thereto.
2812+
2813+
2814+
2815+
2816+
2817+ HB2473 Enrolled - 80 - LRB103 28983 AMQ 55369 b
2818+
2819+
2820+HB2473 Enrolled- 81 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 81 - LRB103 28983 AMQ 55369 b
2821+ HB2473 Enrolled - 81 - LRB103 28983 AMQ 55369 b
2822+1 "Radiation emergency" means the uncontrolled release of
2823+2 radioactive material from a radiation installation that poses
2824+3 a potential threat to the public health, welfare, and safety.
2825+4 "Small modular reactor" or "SMR" means an advanced nuclear
2826+5 reactor: (1) with a rated nameplate capacity of 300 electrical
2827+6 megawatts or less; and (2) that may be constructed and
2828+7 operated in combination with similar reactors at a single
2829+8 site.
2830+9 "Source material" means (i) uranium, thorium, or any other
2831+10 material that the Agency declares by order to be source
2832+11 material after the United States Nuclear Regulatory Commission
2833+12 or its successor has determined the material to be source
2834+13 material; or (ii) ores containing one or more of those
2835+14 materials in such concentration as the Agency declares by
2836+15 order to be source material after the United States Nuclear
2837+16 Regulatory Commission or its successor has determined the
2838+17 material in such concentration to be source material.
2839+18 "Specific license" means a license, issued after
2840+19 application, to use, manufacture, produce, transfer, receive,
2841+20 acquire, own, or possess quantities of radioactive materials
2842+21 or devices or equipment utilizing radioactive materials.
2843+22 (Source: P.A. 95-777, eff. 8-4-08.)
2844+23 Section 60. The Radon Industry Licensing Act is amended by
2845+24 changing Sections 10 and 15 as follows:
2846+
2847+
2848+
2849+
2850+
2851+ HB2473 Enrolled - 81 - LRB103 28983 AMQ 55369 b
2852+
2853+
2854+HB2473 Enrolled- 82 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 82 - LRB103 28983 AMQ 55369 b
2855+ HB2473 Enrolled - 82 - LRB103 28983 AMQ 55369 b
2856+1 (420 ILCS 44/10)
2857+2 Sec. 10. Primary responsibility with Illinois Emergency
2858+3 Management Agency. The Illinois Emergency Management Agency
2859+4 shall have primary responsibility for coordination, oversight,
2860+5 and implementation of all State functions in matters
2861+6 concerning the presence, effects, measurement, and mitigation
2862+7 of risks of radon and radon progeny in dwellings and other
2863+8 buildings. The Department of Natural Resources, the
2864+9 Environmental Protection Agency, the Department of Public
2865+10 Health, and other State agencies shall consult and cooperate
2866+11 with the Agency as requested and as necessary to fulfill the
2867+12 purposes of this Act.
2868+13 (Source: P.A. 94-369, eff. 7-29-05.)
2869+14 (420 ILCS 44/15)
2870+15 Sec. 15. Definitions. As used in this Act, unless the
2871+16 context requires otherwise:
2872+17 (a) "Agency" or "IEMA-OHS" means the Illinois Emergency
2873+18 Management Agency and Office of Homeland Security, or its
2874+19 successor agency.
2875+20 (b) "Client" means any person who contracts for
2876+21 measurement or mitigation services.
2877+22 (c) "Director" means the Director of the Illinois
2878+23 Emergency Management Agency.
2879+24 (d) "Interfere" means to adversely or potentially
2880+25 adversely impact the successful completion of an indoor radon
2881+
2882+
2883+
2884+
2885+
2886+ HB2473 Enrolled - 82 - LRB103 28983 AMQ 55369 b
2887+
2888+
2889+HB2473 Enrolled- 83 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 83 - LRB103 28983 AMQ 55369 b
2890+ HB2473 Enrolled - 83 - LRB103 28983 AMQ 55369 b
2891+1 measurement by changing the radon or radon progeny
2892+2 concentrations or altering the performance of measurement
2893+3 equipment or an indoor radon mitigation system installation or
2894+4 operation.
2895+5 (e) "Laboratory analysis" means the act of analyzing the
2896+6 radon or radon progeny concentrations with passive devices, or
2897+7 the act of calibrating radon or radon progeny measurement
2898+8 devices, or the act of exposing radon or radon progeny devices
2899+9 to known concentrations of radon or radon progeny as a
2900+10 compensated service.
2901+11 (f) "Mitigation" means the act of repairing or altering a
2902+12 building or building design for the purpose in whole or in part
2903+13 of reducing the concentration of radon in the indoor
2904+14 atmosphere.
2905+15 (g) "Person" means entities, including, but not limited
2906+16 to, an individual, company, corporation, firm, group,
2907+17 association, partnership, joint venture, trust, or government
2908+18 agency or subdivision.
2909+19 (h) "Radon" means a gaseous radioactive decay product of
2910+20 uranium or thorium.
2911+21 (i) "Radon contractor" or "contractor" means a person
2912+22 licensed to perform radon or radon progeny mitigation or to
2913+23 perform measurements of radon or radon progeny in an indoor
2914+24 atmosphere.
2915+25 (j) "Radon progeny" means any combination of the
2916+26 radioactive decay products of radon.
2917+
2918+
2919+
2920+
2921+
2922+ HB2473 Enrolled - 83 - LRB103 28983 AMQ 55369 b
2923+
2924+
2925+HB2473 Enrolled- 84 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 84 - LRB103 28983 AMQ 55369 b
2926+ HB2473 Enrolled - 84 - LRB103 28983 AMQ 55369 b
2927+1 (Source: P.A. 94-369, eff. 7-29-05.)
2928+2 Section 65. The Laser System Act of 1997 is amended by
2929+3 changing Sections 15 and 60 as follows:
2930+4 (420 ILCS 56/15)
2931+5 Sec. 15. Definitions. For the purposes of this Act, unless
2932+6 the context requires otherwise:
2933+7 "Agency" or "IEMA-OHS" means the Illinois Emergency
2934+8 Management Agency and Office of Homeland Security, or its
2935+9 successor agency.
2936+10 "Director" means the Director of the Illinois Emergency
2937+11 Management Agency.
2938+12 "FDA" means the Food and Drug Administration of the United
2939+13 States Department of Health and Human Services.
2940+14 "Laser installation" means a location or facility where
2941+15 laser systems are produced, stored, disposed of, or used for
2942+16 any purpose. "Laser installation" does not include any private
2943+17 residence.
2944+18 "Laser installation operator" means an individual, group
2945+19 of individuals, partnership, firm, corporation, association,
2946+20 or other entity conducting any business or activity within a
2947+21 laser installation.
2948+22 "Laser machine" means a device that is capable of
2949+23 producing or projecting laser radiation when associated
2950+24 controlled devices are operated.
2951+
2952+
2953+
2954+
2955+
2956+ HB2473 Enrolled - 84 - LRB103 28983 AMQ 55369 b
2957+
2958+
2959+HB2473 Enrolled- 85 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 85 - LRB103 28983 AMQ 55369 b
2960+ HB2473 Enrolled - 85 - LRB103 28983 AMQ 55369 b
2961+1 "Laser radiation" means an electromagnetic radiation
2962+2 emitted from a laser system and includes all reflected
2963+3 radiation, any secondary radiation, or other forms of energy
2964+4 resulting from the primary laser beam.
2965+5 "Laser safety officer" means an individual who is
2966+6 qualified by training and experience in the evaluation and
2967+7 control of laser hazards, as evidenced by satisfaction of the
2968+8 training and experience requirements adopted by the Agency
2969+9 under subsection (b) of Section 16, and who is designated,
2970+10 where required by Sections 16 and 17, by a laser installation
2971+11 operator or temporary laser display operator to have the
2972+12 authority and responsibility to establish and administer a
2973+13 laser radiation protection program for a particular laser
2974+14 installation or temporary laser display.
2975+15 "Laser system" means a device, laser projector, laser
2976+16 machine, equipment, or other apparatus that applies a source
2977+17 of energy to a gas, liquid, crystal, or other solid substances
2978+18 or combination thereof in a manner that electromagnetic
2979+19 radiations of a relatively uniform wave length are amplified
2980+20 and emitted in a cohesive beam capable of transmitting the
2981+21 energy developed in a manner that may be harmful to living
2982+22 tissues, including, but not limited to, electromagnetic waves
2983+23 in the range of visible, infrared, or ultraviolet light. Such
2984+24 systems in schools, colleges, occupational schools, and State
2985+25 colleges and other State institutions are also included in the
2986+26 definition of "laser systems". "Laser system" includes laser
2987+
2988+
2989+
2990+
2991+
2992+ HB2473 Enrolled - 85 - LRB103 28983 AMQ 55369 b
2993+
2994+
2995+HB2473 Enrolled- 86 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 86 - LRB103 28983 AMQ 55369 b
2996+ HB2473 Enrolled - 86 - LRB103 28983 AMQ 55369 b
2997+1 machines but does not include any device, machine, equipment,
2998+2 or other apparatus used in the provision of communications
2999+3 through fiber optic cable.
3000+4 "Nuclear facilities" means nuclear power plants,
3001+5 facilities housing nuclear test and research reactors,
3002+6 facilities for the chemical conversion of uranium, and
3003+7 facilities for the storage of spent nuclear fuel or high-level
3004+8 radioactive waste.
3005+9 "Nuclear power plant" or "nuclear steam-generating
3006+10 facility" means a thermal power plant in which the energy
3007+11 (heat) released by the fissioning of nuclear fuel is used to
3008+12 boil water to produce steam.
3009+13 "Nuclear power reactor" means an apparatus, other than an
3010+14 atomic weapon, designed or used to sustain nuclear fission in
3011+15 a self-supporting chain reaction.
3012+16 "Small modular reactor" or "SMR" means an advanced nuclear
3013+17 reactor: (1) with a rated nameplate capacity of 300 electrical
3014+18 megawatts or less; and (2) that may be constructed and
3015+19 operated in combination with similar reactors at a single
3016+20 site.
3017+21 "Temporary laser display" means a visual effect display
3018+22 created for a limited period of time at a laser installation by
3019+23 a laser system that is not a permanent fixture in the laser
3020+24 installation for the entertainment of the public or invitees,
3021+25 regardless of whether admission is charged or whether the
3022+26 laser display takes place indoors or outdoors.
3023+
3024+
3025+
3026+
3027+
3028+ HB2473 Enrolled - 86 - LRB103 28983 AMQ 55369 b
3029+
3030+
3031+HB2473 Enrolled- 87 -LRB103 28983 AMQ 55369 b HB2473 Enrolled - 87 - LRB103 28983 AMQ 55369 b
3032+ HB2473 Enrolled - 87 - LRB103 28983 AMQ 55369 b
3033+1 "Temporary laser display operator" means an individual,
3034+2 group of individuals, partnership, firm, corporation,
3035+3 association, or other entity conducting a temporary laser
3036+4 display at a laser installation.
3037+5 (Source: P.A. 102-558, eff. 8-20-21; 103-277, eff. 7-28-23.)
3038+
3039+
3040+
3041+
3042+
3043+ HB2473 Enrolled - 87 - LRB103 28983 AMQ 55369 b