Illinois 2023-2024 Regular Session

Illinois House Bill HB2802 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.3 new Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. LRB103 29470 AMQ 55864 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.3 new 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406.3 new Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. LRB103 29470 AMQ 55864 b LRB103 29470 AMQ 55864 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
3	3	220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.3 new 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406.3 new
4	4	220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
5	5	220 ILCS 5/8-406.3 new
6	6	Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors.
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9	9	A BILL FOR
10	10	HB2802LRB103 29470 AMQ 55864 b HB2802 LRB103 29470 AMQ 55864 b
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12	12	1 AN ACT concerning utilities.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Public Utilities Act is amended by changing
16	16	5 Section 8-406 and by adding Section 8-406.3 as follows:
17	17	6 (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
18	18	7 Sec. 8-406. Certificate of public convenience and
19	19	8 necessity.
20	20	9 (a) No public utility not owning any city or village
21	21	10 franchise nor engaged in performing any public service or in
22	22	11 furnishing any product or commodity within this State as of
23	23	12 July 1, 1921 and not possessing a certificate of public
24	24	13 convenience and necessity from the Illinois Commerce
25	25	14 Commission, the State Public Utilities Commission, or the
26	26	15 Public Utilities Commission, at the time Public Act 84-617
27	27	16 goes into effect (January 1, 1986), shall transact any
28	28	17 business in this State until it shall have obtained a
29	29	18 certificate from the Commission that public convenience and
30	30	19 necessity require the transaction of such business. A
31	31	20 certificate of public convenience and necessity requiring the
32	32	21 transaction of public utility business in any area of this
33	33	22 State shall include authorization to the public utility
34	34	23 receiving the certificate of public convenience and necessity
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
39	39	220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.3 new 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406.3 new
40	40	220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
41	41	220 ILCS 5/8-406.3 new
42	42	Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors.
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45	45	A BILL FOR
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71	71	1 to construct such plant, equipment, property, or facility as
72	72	2 is provided for under the terms and conditions of its tariff
73	73	3 and as is necessary to provide utility service and carry out
74	74	4 the transaction of public utility business by the public
75	75	5 utility in the designated area.
76	76	6 (b) No public utility shall begin the construction of any
77	77	7 new plant, equipment, property, or facility which is not in
78	78	8 substitution of any existing plant, equipment, property, or
79	79	9 facility, or any extension or alteration thereof or in
80	80	10 addition thereto, unless and until it shall have obtained from
81	81	11 the Commission a certificate that public convenience and
82	82	12 necessity require such construction. Whenever after a hearing
83	83	13 the Commission determines that any new construction or the
84	84	14 transaction of any business by a public utility will promote
85	85	15 the public convenience and is necessary thereto, it shall have
86	86	16 the power to issue certificates of public convenience and
87	87	17 necessity. The Commission shall determine that proposed
88	88	18 construction will promote the public convenience and necessity
89	89	19 only if the utility demonstrates: (1) that the proposed
90	90	20 construction is necessary to provide adequate, reliable, and
91	91	21 efficient service to its customers and is the least-cost means
92	92	22 of satisfying the service needs of its customers or that the
93	93	23 proposed construction will promote the development of an
94	94	24 effectively competitive electricity market that operates
95	95	25 efficiently, is equitable to all customers, and is the
96	96	26 least-cost least cost means of satisfying those objectives;
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107	107	1 (2) that the utility is capable of efficiently managing and
108	108	2 supervising the construction process and has taken sufficient
109	109	3 action to ensure adequate and efficient construction and
110	110	4 supervision thereof; and (3) that the utility is capable of
111	111	5 financing the proposed construction without significant
112	112	6 adverse financial consequences for the utility or its
113	113	7 customers.
114	114	8 (b-5) As used in this subsection (b-5):
115	115	9 "Qualifying direct current applicant" means an entity that
116	116	10 seeks to provide direct current bulk transmission service for
117	117	11 the purpose of transporting electric energy in interstate
118	118	12 commerce.
119	119	13 "Qualifying direct current project" means a high voltage
120	120	14 direct current electric service line that crosses at least one
121	121	15 Illinois border, the Illinois portion of which is physically
122	122	16 located within the region of the Midcontinent Independent
123	123	17 System Operator, Inc., or its successor organization, and runs
124	124	18 through the counties of Pike, Scott, Greene, Macoupin,
125	125	19 Montgomery, Christian, Shelby, Cumberland, and Clark, is
126	126	20 capable of transmitting electricity at voltages of 345
127	127	21 kilovolts or above, and may also include associated
128	128	22 interconnected alternating current interconnection facilities
129	129	23 in this State that are part of the proposed project and
130	130	24 reasonably necessary to connect the project with other
131	131	25 portions of the grid.
132	132	26 Notwithstanding any other provision of this Act, a
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143	143	1 qualifying direct current applicant that does not own,
144	144	2 control, operate, or manage, within this State, any plant,
145	145	3 equipment, or property used or to be used for the transmission
146	146	4 of electricity at the time of its application or of the
147	147	5 Commission's order may file an application on or before
148	148	6 December 31, 2023 with the Commission pursuant to this Section
149	149	7 or Section 8-406.1 for, and the Commission may grant, a
150	150	8 certificate of public convenience and necessity to construct,
151	151	9 operate, and maintain a qualifying direct current project. The
152	152	10 qualifying direct current applicant may also include in the
153	153	11 application requests for authority under Section 8-503. The
154	154	12 Commission shall grant the application for a certificate of
155	155	13 public convenience and necessity and requests for authority
156	156	14 under Section 8-503 if it finds that the qualifying direct
157	157	15 current applicant and the proposed qualifying direct current
158	158	16 project satisfy the requirements of this subsection and
159	159	17 otherwise satisfy the criteria of this Section or Section
160	160	18 8-406.1 and the criteria of Section 8-503, as applicable to
161	161	19 the application and to the extent such criteria are not
162	162	20 superseded by the provisions of this subsection. The
163	163	21 Commission's order on the application for the certificate of
164	164	22 public convenience and necessity shall also include the
165	165	23 Commission's findings and determinations on the request or
166	166	24 requests for authority pursuant to Section 8-503. Prior to
167	167	25 filing its application under either this Section or Section
168	168	26 8-406.1, the qualifying direct current applicant shall conduct
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179	179	1 3 public meetings in accordance with subsection (h) of this
180	180	2 Section. If the qualifying direct current applicant
181	181	3 demonstrates in its application that the proposed qualifying
182	182	4 direct current project is designed to deliver electricity to a
183	183	5 point or points on the electric transmission grid in either or
184	184	6 both the PJM Interconnection, LLC or the Midcontinent
185	185	7 Independent System Operator, Inc., or their respective
186	186	8 successor organizations, the proposed qualifying direct
187	187	9 current project shall be deemed to be, and the Commission
188	188	10 shall find it to be, for public use. If the qualifying direct
189	189	11 current applicant further demonstrates in its application that
190	190	12 the proposed transmission project has a capacity of 1,000
191	191	13 megawatts or larger and a voltage level of 345 kilovolts or
192	192	14 greater, the proposed transmission project shall be deemed to
193	193	15 satisfy, and the Commission shall find that it satisfies, the
194	194	16 criteria stated in item (1) of subsection (b) of this Section
195	195	17 or in paragraph (1) of subsection (f) of Section 8-406.1, as
196	196	18 applicable to the application, without the taking of
197	197	19 additional evidence on these criteria. Prior to the transfer
198	198	20 of functional control of any transmission assets to a regional
199	199	21 transmission organization, a qualifying direct current
200	200	22 applicant shall request Commission approval to join a regional
201	201	23 transmission organization in an application filed pursuant to
202	202	24 this subsection (b-5) or separately pursuant to Section 7-102
203	203	25 of this Act. The Commission may grant permission to a
204	204	26 qualifying direct current applicant to join a regional
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215	215	1 transmission organization if it finds that the membership, and
216	216	2 associated transfer of functional control of transmission
217	217	3 assets, benefits Illinois customers in light of the attendant
218	218	4 costs and is otherwise in the public interest. Nothing in this
219	219	5 subsection (b-5) requires a qualifying direct current
220	220	6 applicant to join a regional transmission organization.
221	221	7 Nothing in this subsection (b-5) requires the owner or
222	222	8 operator of a high voltage direct current transmission line
223	223	9 that is not a qualifying direct current project to obtain a
224	224	10 certificate of public convenience and necessity to the extent
225	225	11 it is not otherwise required by this Section 8-406 or any other
226	226	12 provision of this Act.
227	227	13 (c) (Blank). After September 11, 1987 (the effective date
228	228	14 of Public Act 85-377), no construction shall commence on any
229	229	15 new nuclear power plant to be located within this State, and no
230	230	16 certificate of public convenience and necessity or other
231	231	17 authorization shall be issued therefor by the Commission,
232	232	18 until the Director of the Illinois Environmental Protection
233	233	19 Agency finds that the United States Government, through its
234	234	20 authorized agency, has identified and approved a demonstrable
235	235	21 technology or means for the disposal of high level nuclear
236	236	22 waste, or until such construction has been specifically
237	237	23 approved by a statute enacted by the General Assembly.
238	238	24 As used in this Section, "high level nuclear waste" means
239	239	25 those aqueous wastes resulting from the operation of the first
240	240	26 cycle of the solvent extraction system or equivalent and the
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251	251	1 concentrated wastes of the subsequent extraction cycles or
252	252	2 equivalent in a facility for reprocessing irradiated reactor
253	253	3 fuel and shall include spent fuel assemblies prior to fuel
254	254	4 reprocessing.
255	255	5 (d) In making its determination under subsection (b) of
256	256	6 this Section, the Commission shall attach primary weight to
257	257	7 the cost or cost savings to the customers of the utility. The
258	258	8 Commission may consider any or all factors which will or may
259	259	9 affect such cost or cost savings, including the public
260	260	10 utility's engineering judgment regarding the materials used
261	261	11 for construction.
262	262	12 (e) The Commission may issue a temporary certificate which
263	263	13 shall remain in force not to exceed one year in cases of
264	264	14 emergency, to assure maintenance of adequate service or to
265	265	15 serve particular customers, without notice or hearing, pending
266	266	16 the determination of an application for a certificate, and may
267	267	17 by regulation exempt from the requirements of this Section
268	268	18 temporary acts or operations for which the issuance of a
269	269	19 certificate will not be required in the public interest.
270	270	20 A public utility shall not be required to obtain but may
271	271	21 apply for and obtain a certificate of public convenience and
272	272	22 necessity pursuant to this Section with respect to any matter
273	273	23 as to which it has received the authorization or order of the
274	274	24 Commission under the Electric Supplier Act, and any such
275	275	25 authorization or order granted a public utility by the
276	276	26 Commission under that Act shall as between public utilities be
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287	287	1 deemed to be, and shall have except as provided in that Act the
288	288	2 same force and effect as, a certificate of public convenience
289	289	3 and necessity issued pursuant to this Section.
290	290	4 No electric cooperative shall be made or shall become a
291	291	5 party to or shall be entitled to be heard or to otherwise
292	292	6 appear or participate in any proceeding initiated under this
293	293	7 Section for authorization of power plant construction and as
294	294	8 to matters as to which a remedy is available under the Electric
295	295	9 Supplier Act.
296	296	10 (f) Such certificates may be altered or modified by the
297	297	11 Commission, upon its own motion or upon application by the
298	298	12 person or corporation affected. Unless exercised within a
299	299	13 period of 2 years from the grant thereof, authority conferred
300	300	14 by a certificate of convenience and necessity issued by the
301	301	15 Commission shall be null and void.
302	302	16 No certificate of public convenience and necessity shall
303	303	17 be construed as granting a monopoly or an exclusive privilege,
304	304	18 immunity, or franchise.
305	305	19 (g) A public utility that undertakes any of the actions
306	306	20 described in items (1) through (3) of this subsection (g) or
307	307	21 that has obtained approval pursuant to Section 8-406.1 of this
308	308	22 Act shall not be required to comply with the requirements of
309	309	23 this Section to the extent such requirements otherwise would
310	310	24 apply. For purposes of this Section and Section 8-406.1 of
311	311	25 this Act, "high voltage electric service line" means an
312	312	26 electric line having a design voltage of 100,000 or more. For
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323	323	1 purposes of this subsection (g), a public utility may do any of
324	324	2 the following:
325	325	3 (1) replace or upgrade any existing high voltage
326	326	4 electric service line and related facilities,
327	327	5 notwithstanding its length;
328	328	6 (2) relocate any existing high voltage electric
329	329	7 service line and related facilities, notwithstanding its
330	330	8 length, to accommodate construction or expansion of a
331	331	9 roadway or other transportation infrastructure; or
332	332	10 (3) construct a high voltage electric service line and
333	333	11 related facilities that is constructed solely to serve a
334	334	12 single customer's premises or to provide a generator
335	335	13 interconnection to the public utility's transmission
336	336	14 system and that will pass under or over the premises owned
337	337	15 by the customer or generator to be served or under or over
338	338	16 premises for which the customer or generator has secured
339	339	17 the necessary right of way.
340	340	18 (h) A public utility seeking to construct a high-voltage
341	341	19 electric service line and related facilities (Project) must
342	342	20 show that the utility has held a minimum of 2 pre-filing public
343	343	21 meetings to receive public comment concerning the Project in
344	344	22 each county where the Project is to be located, no earlier than
345	345	23 6 months prior to filing an application for a certificate of
346	346	24 public convenience and necessity from the Commission. Notice
347	347	25 of the public meeting shall be published in a newspaper of
348	348	26 general circulation within the affected county once a week for
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359	359	1 3 consecutive weeks, beginning no earlier than one month prior
360	360	2 to the first public meeting. If the Project traverses 2
361	361	3 contiguous counties and where in one county the transmission
362	362	4 line mileage and number of landowners over whose property the
363	363	5 proposed route traverses is one-fifth or less of the
364	364	6 transmission line mileage and number of such landowners of the
365	365	7 other county, then the utility may combine the 2 pre-filing
366	366	8 meetings in the county with the greater transmission line
367	367	9 mileage and affected landowners. All other requirements
368	368	10 regarding pre-filing meetings shall apply in both counties.
369	369	11 Notice of the public meeting, including a description of the
370	370	12 Project, must be provided in writing to the clerk of each
371	371	13 county where the Project is to be located. A representative of
372	372	14 the Commission shall be invited to each pre-filing public
373	373	15 meeting.
374	374	16 (i) For applications filed after August 18, 2015 (the
375	375	17 effective date of Public Act 99-399), the Commission shall, by
376	376	18 certified mail, notify each owner of record of land, as
377	377	19 identified in the records of the relevant county tax assessor,
378	378	20 included in the right-of-way over which the utility seeks in
379	379	21 its application to construct a high-voltage electric line of
380	380	22 the time and place scheduled for the initial hearing on the
381	381	23 public utility's application. The utility shall reimburse the
382	382	24 Commission for the cost of the postage and supplies incurred
383	383	25 for mailing the notice.
384	384	26 (j) The Commission shall only issue a certificate of
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395	395	1 public convenience and necessity under this Section to a
396	396	2 public utility operating or located within the State or to a
397	397	3 company with a fossil fuel-based power generator.
398	398	4 (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
399	399	5 102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
400	400	6 (220 ILCS 5/8-406.3 new)
401	401	7 Sec. 8-406.3. Certificate of public convenience and
402	402	8 necessity; small modular nuclear reactor.
403	403	9 (a) As used this Section, "small modular nuclear reactor"
404	404	10 means a nuclear reactor that:
405	405	11 (1) has a rated electric generating capacity of not
406	406	12 more than 350 megawatts;
407	407	13 (2) is capable of being constructed and operated,
408	408	14 either alone or in combination with one or more similar
409	409	15 reactors if additional reactors are, or become, necessary
410	410	16 at a single site; and
411	411	17 (3) is required to be licensed by the United States
412	412	18 Nuclear Regulatory Commission.
413	413	19 "Small modular nuclear reactor" includes a nuclear reactor
414	414	20 that is described in this subsection and that uses a process to
415	415	21 produce hydrogen that can be used for energy storage, as a
416	416	22 fuel, or for other uses.
417	417	23 (b) No later than July 1, 2023, the Commission shall adopt
418	418	24 rules concerning the granting of certificates of public
419	419	25 convenience and necessity under this Section for the
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430	430	1 construction, purchase, or lease of small modular nuclear
431	431	2 reactors:
432	432	3 (1) in this State for the generation of electricity to
433	433	4 be directly or indirectly used to furnish public utility
434	434	5 service to customers in this State; or
435	435	6 (2) at the site of nuclear energy production or
436	436	7 generation facility that supplies electricity to retail
437	437	8 customers in this State.
438	438	9 (c) Rules adopted by the Commission under this Section
439	439	10 must provide for the following:
440	440	11 (1) that in acting on a public utility's petition for
441	441	12 the construction, purchase, or lease of one or more small
442	442	13 modular nuclear reactors, as described in subsection (b),
443	443	14 the Commission shall consider the following:
444	444	15 (A) whether, and to what extent, the one or more
445	445	16 small modular nuclear reactors proposed by the public
446	446	17 utility will replace a loss of generating capacity in
447	447	18 the public utility's portfolio resulting from the
448	448	19 retirement or planned retirement of one or more of the
449	449	20 public utility's existing electric generating
450	450	21 facilities that:
451	451	22 (i) are located in this State; and
452	452	23 (ii) use coal or natural gas as a fuel source;
453	453	24 and
454	454	25 (B) whether one or more of the small modular
455	455	26 nuclear reactors that will replace an existing
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466	466	1 facility will be located on the same site as or near
467	467	2 the existing facility and, if so, potential
468	468	3 opportunities for the public utility to:
469	469	4 (i) make use of any land and existing
470	470	5 infrastructure or facilities already owned or
471	471	6 under the control of the public utility; or
472	472	7 (ii) create new employment opportunities for
473	473	8 workers who have been, or would be, displaced as a
474	474	9 result of the retirement of the existing facility;
475	475	10 (2) that the Commission may grant a certificate under
476	476	11 this Section under circumstances and for locations other
477	477	12 than those described in paragraph (1);
478	478	13 (3) that the Commission may not grant a certificate
479	479	14 under this Section unless the owner or operator of a
480	480	15 proposed small modular nuclear reactor provides evidence
481	481	16 of a plan to apply for all licenses or permits to construct
482	482	17 or operate the proposed small modular nuclear reactor as
483	483	18 may be required by:
484	484	19 (A) the United States Nuclear Regulatory
485	485	20 Commission;
486	486	21 (B) the Department of Natural Resources or the
487	487	22 Environmental Protection Agency; or
488	488	23 (C) any other relevant State or federal regulatory
489	489	24 agency with jurisdiction over the construction or
490	490	25 operation of nuclear generating facilities;
491	491	26 (4) that any reports, notices of violations, or other
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502	502	1 notifications sent to or from the United States Nuclear
503	503	2 Regulatory Commission by or to the owner or operator of a
504	504	3 proposed small nuclear reactor must be submitted by the
505	505	4 owner or operator to the Commission within such time as
506	506	5 prescribed by the Commission, subject to the Commission's
507	507	6 duty to treat as confidential and protect from public
508	508	7 access and disclosure any information that is contained in
509	509	8 a report or notice and that is considered confidential or
510	510	9 exempt from public access and disclosure under State or
511	511	10 federal law; and
512	512	11 (5) that any person that owns or operates a small
513	513	12 modular nuclear reactor in this State may not store spent
514	514	13 nuclear fuel as defined in the Illinois Nuclear Safety
515	515	14 Preparedness Act or high level radioactive waste as also
516	516	15 defined in that Act from the small modular nuclear reactor
517	517	16 on the site of the small modular nuclear reactor without
518	518	17 first meeting all applicable requirements of the United
519	519	18 States Regulatory Commission.
520	520	19 (d) In adopting the rules required by this Section, the
521	521	20 Commission may adopt emergency rules in the State.
522	522	21 (e) This Section shall not be construed to affect the
523	523	22 authority of the United States Nuclear Regulatory Commission.
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