Bill Text: IL HB3048 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Low-Level Radioactive Waste Management Act. Abolishes the Low-Level Radioactive Waste Task Group and makes corresponding changes including removing provisions concerning the adoption of criteria for selection of a site for a regional disposal facility.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Enrolled) 2017-06-23 - Sent to the Governor [HB3048 Detail]

Download: Illinois-2017-HB3048-Enrolled.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Low-Level Radioactive Waste
5Management Act is amended by changing Sections 10.2, 10.3,
612.1, and 14 as follows:
7 (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
8 Sec. 10.2. Selection Creation of Low-Level Radioactive
9Waste Task Group; adoption of criteria; selection of site for
10characterization.
11 (a) (Blank). There is hereby created the Low-Level
12Radioactive Waste Task Group consisting of the Directors of the
13Environmental Protection Agency, the Department of Natural
14Resources, and the Illinois Emergency Management Agency (or
15their designees) and 6 additional members designated by the
16Governor. The 6 additional members shall:
17 (1) be confirmed by the Senate; and
18 (2) receive compensation of $300 per day for their
19 services on the Task Group unless they are officers or
20 employees of the State, in which case they shall receive no
21 additional compensation.
22 Four of the additional members shall have expertise in the
23field of geology, hydrogeology, or hydrology. Of the 2

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1remaining additional members, one shall be a member of the
2public with experience in environmental matters and one shall
3have at least 5 years experience in local government. The
4Directors of the Environmental Protection Agency, the
5Department of Natural Resources, and the Illinois Emergency
6Management Agency (or their designees) shall receive no
7additional compensation for their service on the Task Group.
8All members of the Task Group shall be compensated for their
9expenses. The Governor shall designate the chairman of the Task
10Group. Upon adoption of the criteria under subsection (b) of
11this Section, the Directors of the Illinois Emergency
12Management Agency and the Environmental Protection Agency
13shall be replaced on the Task Group by members designated by
14the Governor and confirmed by the Senate. The members
15designated to replace the Directors of the Illinois Emergency
16Management Agency and the Environmental Protection Agency
17shall have such expertise as the Governor may determine. The
18members of the Task Group shall be members until they resign,
19are replaced by the Governor, or the Task Group is abolished.
20Except as provided in this Act, the Task Group shall be subject
21to the Open Meetings Act and the Illinois Administrative
22Procedure Act. Any action required to be taken by the Task
23Group under this Act shall be taken by a majority vote of its
24members. An identical vote by 5 members of the Task Group shall
25constitute a majority vote.
26 (b) (Blank). To protect the public health, safety and

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1welfare, the Task Group shall develop proposed criteria for
2selection of a site for a regional disposal facility. Principal
3criteria shall relate to the geographic, geologic,
4seismologic, tectonic, hydrologic, and other scientific
5conditions best suited for a regional disposal facility.
6Supplemental criteria may relate to land use (including (i) the
7location of existing underground mines and (ii) the exclusion
8of State parks, State conservation areas, and other State owned
9lands identified by the Task Group), economics,
10transportation, meteorology, and any other matter identified
11by the Task Group as relating to desirable conditions for a
12regional disposal facility. All of the criteria shall be as
13specific as possible.
14 The chairman of the Task Group shall publish a notice of
15availability of the proposed criteria in the State newspaper,
16make copies of the proposed criteria available without charge
17to the public, and hold public hearings to receive comments on
18the proposed criteria. Written comments on the proposed
19criteria may be submitted to the chairman of the Task Group
20within a time period to be determined by the Task Group. Upon
21completion of the review of timely submitted comments on the
22proposed criteria, the Task Group shall adopt criteria for
23selection of a site for a regional disposal facility. Adoption
24of the criteria is not subject to the Illinois Administrative
25Procedure Act. The chairman of the Task Group shall provide
26copies of the criteria to the Governor, the President and

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1Minority Leader of the Senate, the Speaker and Minority Leader
2of the House, and all county boards in the State of Illinois
3and shall make copies of the criteria available without charge
4to the public.
5 (c) (Blank). Upon adoption of the criteria, the Director of
6Natural Resources shall direct the Scientific Surveys to screen
7the State of Illinois. By September 30, 1997, the Scientific
8Surveys shall (i) complete a Statewide screening of the State
9using available information and the Surveys' geography-based
10information system to produce individual and composite maps
11showing the application of individual criteria; (ii) complete
12the evaluation of all land volunteered before the effective
13date of this amendatory Act of 1997 to determine whether any of
14the volunteered land appears likely to satisfy the criteria;
15(iii) document the results of the screening and volunteer site
16evaluations in a written report and submit the report to the
17chairman of the Task Group and to the Director; and (iv)
18transmit to the Task Group and to the Agency, in a form
19specified by the Task Group and the Agency, all information and
20documents assembled by the Scientific Surveys in performing the
21obligations of the Scientific Surveys under this Act. Upon
22completion of the screening and volunteer site evaluation
23process, the Director of the Department of Natural Resources
24shall be replaced on the Task Group by a member appointed by
25the Governor and confirmed by the Senate. The member appointed
26to replace the Director of the Department of Natural Resources

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1shall have expertise that the Governor determines to be
2appropriate.
3 (c-3) (Blank). By December 1, 2000, the Department of
4Nuclear Safety (now the Illinois Emergency Management Agency),
5in consultation with the Task Group, waste generators, and any
6interested counties and municipalities and after holding 3
7public hearings throughout the State, shall prepare a report
8regarding, at a minimum, the impact and ramifications, if any,
9of the following factors and circumstances on the siting,
10design, licensure, development, construction, operation,
11closure, and post-closure care of a regional disposal facility:
12 (1) the federal, state, and regional programs for the
13 siting, development, and operation of disposal facilities
14 for low-level radioactive wastes and the nature, extent,
15 and likelihood of any legislative or administrative
16 changes to those programs;
17 (2) (blank);
18 (3) the current and most reliable projections
19 regarding the costs of the siting, design, development,
20 construction, operation, closure, decommissioning, and
21 post-closure care of a regional disposal facility;
22 (4) the current and most reliable estimates of the
23 total volume of low-level radioactive waste that will be
24 disposed at a regional disposal facility in Illinois and
25 the projected annual volume amounts;
26 (5) the nature and extent of the available, if any,

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1 storage and disposal facilities outside the region of the
2 Compact for storage and disposal of low-level radioactive
3 waste generated from within the region of the Compact; and
4 (6) the development and implementation of a voluntary
5 site selection process in which land may be volunteered for
6 the regional disposal facility jointly by landowners and
7 (i) the municipality in which the land is located, (ii)
8 every municipality within 1 1/2 miles of the land if the
9 land is not within a municipality, or (iii) the county or
10 counties in which the land is located if the land is not
11 within a municipality and not within 1 1/2 miles of a
12 municipality. The Director shall provide copies of the
13 report to the Governor, the President and Minority Leader
14 of the Senate, and the Speaker and Minority Leader of the
15 House. The Director shall also publish a notice of
16 availability of the report in the State newspaper and make
17 copies of the report available without charge to the
18 public.
19 (c-5) The Following submittal of the report pursuant to
20subsection (c-3) of this Section, the Agency may adopt rules
21establishing a site selection process for a the regional
22disposal facility. In developing rules, the Agency shall, at a
23minimum, consider the following:
24 (1) A comprehensive and open process under which the
25 land for sites recommended and proposed by the contractor
26 under subsection (e) of this Section shall be volunteered

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1 lands as provided in this Section. Land may be volunteered
2 for the regional disposal facility jointly by landowners
3 and (i) the municipality in which the land is located, (ii)
4 every municipality with 1 1/2 miles of the land if the land
5 is not within a municipality, or (iii) the county or
6 counties in which the land is located if the land is not
7 within a municipality and not within 1 1/2 miles of a
8 municipality.
9 (2) Utilization of the State screening and volunteer
10 site evaluation reports report prepared by the Scientific
11 Surveys under subsection (c) of this Section for the
12 purpose of determining whether proposed sites appear
13 likely to satisfy the site selection criteria.
14 (3) Coordination of the site selection process with the
15 projected annual and total volume of low-level radioactive
16 waste to be disposed at the regional disposal facility as
17 identified in the report prepared under subsection (c-3) of
18 this Section.
19 The site selection process established under this
20subsection shall require the contractor selected by the Agency
21pursuant to Sections 5 and 10 of this Act to propose one site
22to the Agency Task Group for approval under subsections (d)
23through (i) of this Section.
24 No proposed site shall be selected as the site for the
25regional disposal facility unless it satisfies the site
26selection criteria established by the Task Group under

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1subsection (b) of this Section.
2 (d) The contractor selected by the Agency under Sections 5
3and 10 of this Act shall conduct evaluations, including
4possible intrusive field investigations, of the sites and
5locations identified under the site selection process
6established under subsection (c-5) of this Section.
7 (e) Upon completion of the site evaluations, the contractor
8selected by the Agency shall identify one site of at least 640
9acres that appears promising for development of the regional
10disposal facility in compliance with the site selection
11criteria established by the Task Group pursuant to subsection
12(b) of this Section. The contractor may conduct any other
13evaluation of the site identified under this subsection that
14the contractor deems appropriate to determine whether the site
15satisfies the criteria adopted under subsection (b) of this
16Section. Upon completion of the evaluations under this
17subsection, the contractor shall prepare and submit to the
18Agency a report on the evaluation of the identified site,
19including a recommendation as to whether the identified site
20should be further considered for selection as a site for the
21regional disposal facility. A site so recommended for further
22consideration is hereinafter referred to as a "proposed site".
23 (f) (Blank). A report completed under subsection (e) of
24this Section that recommends a proposed site shall also be
25submitted to the chairman of the Task Group. Within 45 days
26following receipt of a report, the chairman of the Task Group

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1shall publish in newspapers of general circulation in the
2county or counties in which a proposed site is located a notice
3of the availability of the report and a notice of a public
4meeting. The chairman of the Task Group shall also, within the
545-day period, provide copies of the report and the notice to
6the Governor, the President and Minority Leader of the Senate,
7the Speaker and Minority Leader of the House, members of the
8General Assembly from the legislative district or districts in
9which a proposed site is located, the county board or boards of
10the county or counties containing a proposed site, and each
11city, village, and incorporated town within a 5 mile radius of
12a proposed site. The chairman of the Task Group shall make
13copies of the report available without charge to the public.
14 (g) The The chairman of the Task Group shall convene at
15least one public meeting on each proposed site. At the public
16meeting or meetings, the contractor selected by the Agency
17shall present the results of the evaluation of the proposed
18site. The Task Group shall receive such other written and oral
19information about the proposed site that may be submitted at
20the meeting. Following the meeting, the Task Group shall decide
21whether the proposed site satisfies the criteria adopted under
22subsection (b) of this Section. If the Task Group determines
23that the proposed site does not satisfy the criteria, the
24Agency may require a contractor to submit a further report
25pursuant to subsection (e) of this Section proposing another
26site from the locations identified under the site selection

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1process established pursuant to subsection (c-5) of this
2Section as likely to satisfy the criteria. The Following notice
3and distribution of the report as required by subsection (f) of
4this Section, the new proposed site shall be the subject of a
5public meeting under this subsection. The contractor selected
6by the Agency shall propose additional sites, and the Task
7Group shall conduct additional public meetings, until the
8Agency Task Group has approved a proposed site recommended by a
9contractor as satisfying the criteria adopted under subsection
10(b) of this Section. In the event that the Agency Task Group
11does not approve any of the proposed sites recommended by the
12contractor under this subsection, as satisfying the criteria
13adopted under subsection (b) of this Section, the Task Group
14shall immediately suspend all work and the Agency shall prepare
15a study containing, at a minimum, the Agency's recommendations
16regarding the viability of the site selection process
17established pursuant to this Act, based on the factors and
18circumstances specified in items (1) through (6) of subsection
19(c-3) of Section 10.2. The Agency shall provide copies of the
20study to the Governor, the President and Minority Leader of the
21Senate, and the Speaker and Minority Leader of the House. The
22Agency shall also publish a notice of availability of the study
23in the State newspaper and make copies of the report available
24without charge to the public.
25 (h) (Blank).
26 (i) Upon the Agency's approval Task Group's decision that a

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1proposed site satisfies the criteria adopted under subsection
2(b) of this Section, the contractor shall proceed with the
3characterization and licensure of the proposed site under
4Section 10.3 of this Act and the Task Group shall immediately
5suspend all work, except as otherwise specifically required in
6subsection (b) of Section 10.3 of this Act.
7(Source: P.A. 95-777, eff. 8-4-08.)
8 (420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
9 Sec. 10.3. Site characterization; license application;
10adjudicatory hearing; exclusivity.
11 (a) If the contractor chosen under Sections 5 and 10,
12following characterization, determines that the proposed site
13is appropriate for the development of a regional disposal
14facility, (i) the contractor shall submit to the Agency an
15application for a license to construct and operate the facility
16at the selected site and (ii) the Task Group shall be abolished
17and its records transferred to the Agency.
18 (b) If the contractor determines, following or at any time
19during characterization of a the site proposed under Section
2010.2 of this Act, that the proposed site is not appropriate for
21the development of a regional disposal facility, the Agency may
22require the contractor to propose an additional site to the
23Task Group from the locations identified under the site
24selection process established under subsection (c-5) of
25Section 10.2 that is likely to satisfy the criteria adopted

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1under subsection (b) of Section 10.2. The new proposed site
2shall be the subject of public notice, distribution, and public
3meeting conducted by the Agency Task Group under the procedures
4set forth in subsections (f) and (g) of Section 10.2 of this
5Act. The contractor selected by the Agency shall propose
6additional sites and the Agency Task Group shall conduct
7additional public meetings until (i) the Task Group has
8approved a proposed site recommended by a contractor as
9satisfying the criteria adopted under subsection (b) of Section
1010.2, and (ii) the contractor has determined, following
11characterization, that the site is appropriate for the
12development of the regional disposal facility. Upon the
13selection of a proposed site under this subsection, (i) the
14contractor shall submit to the Agency an application for a
15license to construct and operate a regional disposal facility
16at the selected site and (ii) the Task Group shall be abolished
17and its records transferred to the Agency.
18 (c) The Agency shall review the license application filed
19pursuant to Section 8 and subsections (a) and (b) of this
20Section in accordance with its rules and the agreement between
21the State of Illinois and the Nuclear Regulatory Commission
22under Section 274 of the Atomic Energy Act. If the Agency
23determines that the license should be issued, the Agency shall
24publish in the State newspaper a notice of intent to issue the
25license. Objections to issuance of the license may be filed
26within 90 days of publication of the notice. Upon receipt of

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1objections, the Director shall appoint a hearing officer who
2shall conduct an adjudicatory hearing on the objections. The
3burden of proof at the hearing shall be on the person filing
4the objections. Upon completion of the hearing, the hearing
5officer shall recommend to the Director whether the license
6should be issued. The decision of the Director to issue or deny
7the license may be appealed under Section 18.
8 (d) The procedures, criteria, terms, and conditions set
9forth in this Act, and in the rules adopted under this Act, for
10the treatment, storage, and disposal of low-level radioactive
11waste and for the siting, licensure, design, construction,
12maintenance, operation, closure, decommissioning, and
13post-closure care of the regional disposal facility shall be
14the exclusive procedures, criteria, terms, and conditions for
15those matters.
16(Source: P.A. 95-777, eff. 8-4-08.)
17 (420 ILCS 20/12.1) (from Ch. 111 1/2, par. 241-12.1)
18 Sec. 12.1. Grants; community agreements.
19 (a) The Director may make grants to the county or counties
20containing a site proposed under subsection (d) of Section 10.2
21and may make grants to any municipality containing or within
221.5 miles of a proposed site. The grants may be used for any
23lawful purposes, including technical reviews of the proposed
24site and participation in public meetings the meeting held
25during the site selection process under subsection (g) of

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1Section 10.2.
2 (b) The Director may make grants to the county or counties
3containing a site to be characterized under Section 10.3 and
4may make a grant to any municipality containing or within 1.5
5miles of any such site. The grants may be used for any lawful
6purposes, including review of site characterization work,
7participation in an adjudicatory hearing under subsection (c)
8of Section 10.3, and negotiation of an agreement under
9subsection (c) of this Section.
10 (c) The Director may enter into one or more community
11agreements with the county or counties containing a site for
12which a license application has been submitted under Section
1310.3. The Director may also enter into one or more community
14agreements with any municipality containing or within 1.5 miles
15of a site for which a license application has been submitted
16under Section 10.3. An agreement under this subsection may
17include, but need not be limited to, matters of technical and
18socioeconomic concern regarding the development, operation,
19closure, and post-closure care of the disposal facility to be
20constructed at the site.
21(Source: P.A. 90-29, eff. 6-26-97.)
22 (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
23 Sec. 14. Waste management funds.
24 (a) There is hereby created in the State Treasury a special
25fund to be known as the "Low-Level Radioactive Waste Facility

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1Development and Operation Fund". All monies within the
2Low-Level Radioactive Waste Facility Development and Operation
3Fund shall be invested by the State Treasurer in accordance
4with established investment practices. Interest earned by such
5investment shall be returned to the Low-Level Radioactive Waste
6Facility Development and Operation Fund. Except as otherwise
7provided in this subsection, the Agency shall deposit 80% of
8all receipts from the fees required under subsections (a) and
9(b) of Section 13 in the State Treasury to the credit of this
10Fund. Beginning July 1, 1997, and until December 31 of the year
11in which the Agency Task Group approves a proposed site under
12Section 10.3, the Agency Department shall deposit all fees
13collected under subsections (a) and (b) of Section 13 of this
14Act into the Fund. Subject to appropriation, the Agency is
15authorized to expend all moneys in the Fund in amounts it deems
16necessary for:
17 (1) hiring personnel and any other operating and
18 contingent expenses necessary for the proper
19 administration of this Act;
20 (2) contracting with any firm for the purpose of
21 carrying out the purposes of this Act;
22 (3) grants to the Central Midwest Interstate Low-Level
23 Radioactive Waste Commission;
24 (4) hiring personnel, contracting with any person, and
25 meeting any other expenses incurred by the Agency in
26 fulfilling its responsibilities under the Radioactive

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1 Waste Compact Enforcement Act;
2 (5) activities under Sections 10, 10.2 and 10.3;
3 (6) payment of fees in lieu of taxes to a local
4 government having within its boundaries a regional
5 disposal facility;
6 (7) payment of grants to counties or municipalities
7 under Section 12.1; and
8 (8) fulfillment of obligations under a community
9 agreement under Section 12.1.
10 In spending monies pursuant to such appropriations, the
11Agency shall to the extent practicable avoid duplicating
12expenditures made by any firm pursuant to a contract awarded
13under this Section. On or before March 1, 1989 and on or before
14October 1 of 1989, 1990, 1991, 1992, and 1993, the Department
15of Nuclear Safety (now the Illinois Emergency Management
16Agency) shall deliver to the Governor, the President and
17Minority Leader of the Senate, the Speaker and Minority Leader
18of the House, and each of the generators that have contributed
19during the preceding State fiscal year to the Low-Level
20Radioactive Waste Facility Development and Operation Fund a
21financial statement, certified and verified by the Director,
22which details all receipts and expenditures from the fund
23during the preceding State fiscal year; provided that the
24report due on or before March 1, 1989 shall detail all receipts
25and expenditures from the fund during the period from July 1,
261988 through January 31, 1989. The financial statements shall

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1identify all sources of income to the fund and all recipients
2of expenditures from the fund, shall specify the amounts of all
3the income and expenditures, and shall indicate the amounts of
4all the income and expenditures, and shall indicate the purpose
5for all expenditures.
6 (b) There is hereby created in the State Treasury a special
7fund to be known as the "Low-Level Radioactive Waste Facility
8Closure, Post-Closure Care and Compensation Fund". All monies
9within the Low-Level Radioactive Waste Facility Closure,
10Post-Closure Care and Compensation Fund shall be invested by
11the State Treasurer in accordance with established investment
12practices. Interest earned by such investment shall be returned
13to the Low-Level Radioactive Waste Facility Closure,
14Post-Closure Care and Compensation Fund. The Agency shall
15deposit 20% of all receipts from the fees required under
16subsections (a) and (b) of Section 13 of this Act in the State
17Treasury to the credit of this Fund, except that, pursuant to
18subsection (a) of Section 14 of this Act, there shall be no
19such deposit into this Fund between July 1, 1997 and December
2031 of the year in which the Agency Task Group approves a
21proposed site pursuant to Section 10.3 of this Act. All
22deposits into this Fund shall be held by the State Treasurer
23separate and apart from all public money or funds of this
24State. Subject to appropriation, the Agency is authorized to
25expend any moneys in this Fund in amounts it deems necessary
26for:

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1 (1) decommissioning and other procedures required for
2 the proper closure of the regional disposal facility;
3 (2) monitoring, inspecting, and other procedures
4 required for the proper closure, decommissioning, and
5 post-closure care of the regional disposal facility;
6 (3) taking any remedial actions necessary to protect
7 human health and the environment from releases or
8 threatened releases of wastes from the regional disposal
9 facility;
10 (4) the purchase of facility and third-party liability
11 insurance necessary during the institutional control
12 period of the regional disposal facility;
13 (5) mitigating the impacts of the suspension or
14 interruption of the acceptance of waste for disposal;
15 (6) compensating any person suffering any damages or
16 losses to a person or property caused by a release from the
17 regional disposal facility as provided for in Section 15;
18 and
19 (7) fulfillment of obligations under a community
20 agreement under Section 12.1.
21 On or before March 1 of each year, the Agency shall deliver
22to the Governor, the President and Minority Leader of the
23Senate, the Speaker and Minority Leader of the House, and each
24of the generators that have contributed during the preceding
25State fiscal year to the Fund a financial statement, certified
26and verified by the Director, which details all receipts and

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1expenditures from the Fund during the preceding State fiscal
2year. The financial statements shall identify all sources of
3income to the Fund and all recipients of expenditures from the
4Fund, shall specify the amounts of all the income and
5expenditures, and shall indicate the amounts of all the income
6and expenditures, and shall indicate the purpose for all
7expenditures.
8 (c) (Blank).
9 (d) The Agency may accept for any of its purposes and
10functions any donations, grants of money, equipment, supplies,
11materials, and services from any state or the United States, or
12from any institution, person, firm or corporation. Any donation
13or grant of money received after January 1, 1986 shall be
14deposited in either the Low-Level Radioactive Waste Facility
15Development and Operation Fund or the Low-Level Radioactive
16Waste Facility Closure, Post-Closure Care and Compensation
17Fund, in accordance with the purpose of the grant.
18(Source: P.A. 95-777, eff. 8-4-08.)
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