101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4324

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:
20 ILCS 3310/40
20 ILCS 3310/40.5 new
420 ILCS 5/8 from Ch. 111 1/2, par. 4308

Amends the Nuclear Safety Law of 2004. Provides that the Illinois Emergency Management Agency shall have primary responsibility for the coordination and oversight of all State governmental functions concerning the regulation of nuclear power, including environmental radiochemical analysis (currently, does not include environmental radiochemical analysis). Provides that the Agency shall implement a comprehensive radiochemistry laboratory program. Requires the Director of the Agency to employ and direct such personnel, and shall provide for such laboratory and other facilities, as may be necessary to carry out the purposes of the Act and other specified Acts. Amends the Illinois Nuclear Safety Preparedness Act. Provides that the Illinois Nuclear Safety Preparedness Program shall consist of development and implementation of a radiochemistry laboratory capable of preparing environmental samples, performing analyses, quantification, and reporting for assessment and radiation exposure control due to accidental radioactive releases from nuclear power plants into the environment. Effective immediately.
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A BILL FOR

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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Nuclear Safety Law of 2004 is amended by
5changing Section 40 and by adding Section 40.5 as follows:
6 (20 ILCS 3310/40)
7 Sec. 40. Regulation of nuclear safety. The Illinois
8Emergency Management Agency shall have primary responsibility
9for the coordination and oversight of all State governmental
10functions concerning the regulation of nuclear power,
11including low level waste management, environmental
12monitoring, environmental radiochemical analysis, and
13transportation of nuclear waste. Functions performed by the
14Department of State Police and the Department of Transportation
15in the area of nuclear safety, on the effective date of this
16Act, may continue to be performed by these agencies but under
17the direction of the Illinois Emergency Management Agency. All
18other governmental functions regulating nuclear safety shall
19be coordinated by Illinois Emergency Management Agency.
20(Source: P.A. 93-1029, eff. 8-25-04.)
21 (20 ILCS 3310/40.5 new)
22 Sec. 40.5. Radiochemistry laboratory program. The Illinois

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1Emergency Management Agency shall implement a comprehensive
2radiochemistry laboratory program. The Director of the
3Illinois Emergency Management Agency, in accordance with the
4Personnel Code, shall employ and direct such personnel, and
5shall provide for such laboratory and other facilities, as may
6be necessary to carry out the purposes of this Act and the Acts
7referenced in Section 5.
8 Section 10. The Illinois Nuclear Safety Preparedness Act is
9amended by changing Section 8 as follows:
10 (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
11 Sec. 8. (a) The Illinois Nuclear Safety Preparedness
12Program shall consist of an assessment of the potential nuclear
13accidents, their radiological consequences, and the necessary
14protective actions required to mitigate the effects of such
15accidents. It shall include, but not necessarily be limited to:
16 (1) Development of a remote effluent monitoring system
17 capable of reliably detecting and quantifying accidental
18 radioactive releases from nuclear power plants to the
19 environment;
20 (2) Development of an environmental monitoring program
21 for nuclear facilities other than nuclear power plants;
22 (3) Development of procedures for radiological
23 assessment and radiation exposure control for areas
24 surrounding each nuclear facility in Illinois;

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1 (4) Radiological training of state and local emergency
2 response personnel in accordance with the Agency's
3 responsibilities under the program;
4 (5) Participation in the development of accident
5 scenarios and in the exercising of fixed facility nuclear
6 emergency response plans;
7 (6) Development of mitigative emergency planning
8 standards including, but not limited to, standards
9 pertaining to evacuations, re-entry into evacuated areas,
10 contaminated foodstuffs and contaminated water supplies;
11 (7) Provision of specialized response equipment
12 necessary to accomplish this task;
13 (8) Implementation of the Boiler and Pressure Vessel
14 Safety program at nuclear steam-generating facilities as
15 mandated by Section 2005-35 of the Department of Nuclear
16 Safety Law, or its successor statute;
17 (9) Development and implementation of a plan for
18 inspecting and escorting all shipments of spent nuclear
19 fuel, high-level radioactive waste, transuranic waste, and
20 highway route controlled quantities of radioactive
21 materials in Illinois; and
22 (10) Implementation of the program under the Illinois
23 Nuclear Facility Safety Act.
24 (11) Development and implementation of a
25 radiochemistry laboratory capable of preparing
26 environmental samples, performing analyses,

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1 quantification, and reporting for assessment and radiation
2 exposure control due to accidental radioactive releases
3 from nuclear power plants into the environment.
4 (b) The Agency may incorporate data collected by the
5operator of a nuclear facility into the Agency's remote
6monitoring system.
7 (c) The owners of each nuclear power reactor in Illinois
8shall provide the Agency all system status signals which
9initiate Emergency Action Level Declarations, actuate accident
10mitigation and provide mitigation verification as directed by
11the Agency. The Agency shall designate by rule those system
12status signals that must be provided. Signals providing
13indication of operating power level shall also be provided. The
14owners of the nuclear power reactors shall, at their expense,
15ensure that valid signals will be provided continuously 24
16hours a day.
17 All such signals shall be provided in a manner and at a
18frequency specified by the Agency for incorporation into and
19augmentation of the remote effluent monitoring system
20specified in subsection (a) (1) of this Section. Provision
21shall be made for assuring that such system status and power
22level signals shall be available to the Agency during reactor
23operation as well as throughout accidents and subsequent
24recovery operations.
25 For nuclear reactors with operating licenses issued by the
26Nuclear Regulatory Commission prior to the effective date of

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1this amendatory Act, such system status and power level signals
2shall be provided to the Department of Nuclear Safety (of which
3the Agency is the successor) by March 1, 1985. For reactors
4without such a license on the effective date of this amendatory
5Act, such signals shall be provided to the Department prior to
6commencing initial fuel load for such reactor. Nuclear reactors
7receiving their operating license after the effective date of
8this amendatory Act, but before July 1, 1985, shall provide
9such system status and power level signals to the Department of
10Nuclear Safety (of which the Agency is the successor) by
11September 1, 1985.
12(Source: P.A. 93-1029, eff. 8-25-04.)
13 Section 99. Effective date. This Act takes effect upon
14becoming law.