Bill Text: IL SB3016 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Nuclear Safety Law of 2004. Removes certain provisions concerning the Illinois Emergency Management Agency's powers over nuclear steam-generating facility inspectors. Defines "nuclear steam-generating facility" for provisions concerning boiler and pressure vessel safety. Amends the Illinois Nuclear Safety Preparedness Act. Defines "nuclear steam-generating facility" and corrects a cross-reference. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3016 Detail]

Download: Illinois-2017-SB3016-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3016 Introduced 2/15/2018, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
20 ILCS 3310/25
420 ILCS 5/3 from Ch. 111 1/2, par. 4303
420 ILCS 5/8 from Ch. 111 1/2, par. 4308
Amends the Nuclear Safety Law of 2004. Removes certain provisions concerning the Illinois Emergency Management Agency's powers over nuclear steam-generating facility inspectors. Defines "nuclear steam-generating facility" for provisions concerning boiler and pressure vessel safety. Amends the Illinois Nuclear Safety Preparedness Act. Defines "nuclear steam-generating facility" and corrects a cross-reference. Effective immediately.
LRB100 16201 MJP 31324 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3016 LRB100 16201 MJP 31324 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nuclear Safety Law of 2004 is amended by
changing Section 25 as follows:
(20 ILCS 3310/25)
Sec. 25. Boiler and pressure vessel safety. As used in this
Section, "nuclear steam-generating facility" means a facility
that is under construction, a facility that is licensed to
operate, and a facility that is closed permanently and has
ceased operations or is undergoing the decommissioning
process.
The Illinois Emergency Management Agency shall exercise,
administer, and enforce all of the following rights, powers,
and duties:
(1) Rights, powers, and duties vested in the Department
of Nuclear Safety by the Boiler and Pressure Vessel Safety
Act prior to the abolishment of the Department of Nuclear
Safety, to the extent the rights, powers, and duties relate
to nuclear steam-generating facilities.
(2) Rights, powers, and duties relating to nuclear
steam-generating facilities vested in the Department of
Nuclear Safety by the Boiler and Pressure Vessel Safety Act

SB3016 - 2 - LRB100 16201 MJP 31324 b
prior to the abolishment of the Department of Nuclear
Safety, which include but are not limited to the
formulation of definitions, rules, and regulations for the
safe and proper construction, installation, repair, use,
and operation of nuclear steam-generating facilities, the
adoption of rules for already installed nuclear
steam-generating facilities, the adoption of rules for
accidents in nuclear steam-generating facilities, the
examination for or suspension of inspectors' licenses of
the facilities, and the hearing of appeals from decisions
relating to the facilities.
(3) Rights, powers, and duties relating to nuclear
steam-generating facilities, vested in the State Fire
Marshal, the Chief Inspector, or the Department of Nuclear
Safety prior to its abolishment, by the Boiler and Pressure
Vessel Safety Act, which include, but are not limited to,
the employment of inspectors of nuclear steam-generating
facilities, issuance or suspension of their commissions,
prosecution of the Act or rules promulgated thereunder for
violations by nuclear steam-generating facilities,
maintenance of inspection records of all the facilities,
publication of rules relating to the facilities, having
free access to the facilities, and the issuance of
inspection certificates of the facilities, and the
furnishing of bonds conditioned upon the faithful
performance of their duties. The Director of the Illinois

SB3016 - 3 - LRB100 16201 MJP 31324 b
Emergency Management Agency may designate a Chief
Inspector, or other inspectors, as he or she deems
necessary to perform the functions transferred by this
Section.
The transfer of rights, powers, and duties specified in
paragraphs (1), (2), and (3) is limited to the program
transferred by this Act and shall not be deemed to abolish or
diminish the exercise of those same rights, powers, and duties
by the Office of the State Fire Marshal, the Board of Boiler
and Pressure Vessel Rules, the State Fire Marshal, or the Chief
Inspector with respect to programs retained by the Office of
the State Fire Marshal.
(Source: P.A. 95-777, eff. 8-4-08.)
Section 10. The Illinois Nuclear Safety Preparedness Act is
amended by changing Sections 3 and 8 as follows:
(420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
Sec. 3. Definitions. Unless the context otherwise clearly
requires, as used in this Act:
(1) "Agency" means the Illinois Emergency Management
Agency of the State of Illinois.
(2) "Director" means the Director of the Illinois Emergency
Management Agency.
(3) "Person" means any individual, corporation,
partnership, firm, association, trust, estate, public or

SB3016 - 4 - LRB100 16201 MJP 31324 b
private institution, group, agency, political subdivision of
this State, any other state or political subdivision or agency
thereof, and any legal successor, representative, agent, or
agency of the foregoing.
(4) "NRC" means the United States Nuclear Regulatory
Commission or any agency which succeeds to its functions in the
licensing of nuclear power reactors or facilities for storing
spent nuclear fuel.
(5) "High-level radioactive waste" means (1) the highly
radioactive material resulting from the reprocessing of spent
nuclear fuel including liquid waste produced directly in
reprocessing and any solid material derived from such liquid
waste that contains fission products in sufficient
concentrations; and (2) the highly radioactive material that
the NRC has determined to be high-level radioactive waste
requiring permanent isolation.
(6) "Nuclear facilities" means nuclear power plants,
facilities housing nuclear test and research reactors,
facilities for the chemical conversion of uranium, and
facilities for the storage of spent nuclear fuel or high-level
radioactive waste.
(7) "Spent nuclear fuel" means fuel that has been withdrawn
from a nuclear reactor following irradiation, the constituent
elements of which have not been separated by reprocessing.
(8) "Transuranic waste" means material contaminated with
elements that have an atomic number greater than 92, including

SB3016 - 5 - LRB100 16201 MJP 31324 b
neptunium, plutonium, americium, and curium, excluding
radioactive wastes shipped to a licensed low-level radioactive
waste disposal facility.
(9) "Highway route controlled quantity of radioactive
materials" means that quantity of radioactive materials
defined as a highway route controlled quantity under rules of
the United States Department of Transportation, or any
successor agency.
(10) "Nuclear steam-generating facility" means a facility
that is under construction, a facility that is licensed to
operate, and a facility that is closed permanently and has
ceased operations or is undergoing the decommissioning
process.
(Source: P.A. 93-1029, eff. 8-25-04.)
(420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
Sec. 8. (a) The Illinois Nuclear Safety Preparedness
Program shall consist of an assessment of the potential nuclear
accidents, their radiological consequences, and the necessary
protective actions required to mitigate the effects of such
accidents. It shall include, but not necessarily be limited to:
(1) Development of a remote effluent monitoring system
capable of reliably detecting and quantifying accidental
radioactive releases from nuclear power plants to the
environment;
(2) Development of an environmental monitoring program

SB3016 - 6 - LRB100 16201 MJP 31324 b
for nuclear facilities other than nuclear power plants;
(3) Development of procedures for radiological
assessment and radiation exposure control for areas
surrounding each nuclear facility in Illinois;
(4) Radiological training of state and local emergency
response personnel in accordance with the Agency's
responsibilities under the program;
(5) Participation in the development of accident
scenarios and in the exercising of fixed facility nuclear
emergency response plans;
(6) Development of mitigative emergency planning
standards including, but not limited to, standards
pertaining to evacuations, re-entry into evacuated areas,
contaminated foodstuffs and contaminated water supplies;
(7) Provision of specialized response equipment
necessary to accomplish this task;
(8) Implementation of the Boiler and Pressure Vessel
Safety program at nuclear steam-generating facilities as
mandated by Section 25 of the Nuclear Safety Law of 2004
Section 2005-35 of the Department of Nuclear Safety Law, or
its successor statute;
(9) Development and implementation of a plan for
inspecting and escorting all shipments of spent nuclear
fuel, high-level radioactive waste, transuranic waste, and
highway route controlled quantities of radioactive
materials in Illinois; and

SB3016 - 7 - LRB100 16201 MJP 31324 b
(10) Implementation of the program under the Illinois
Nuclear Facility Safety Act.
(b) The Agency may incorporate data collected by the
operator of a nuclear facility into the Agency's remote
monitoring system.
(c) The owners of each nuclear power reactor in Illinois
shall provide the Agency all system status signals which
initiate Emergency Action Level Declarations, actuate accident
mitigation and provide mitigation verification as directed by
the Agency. The Agency shall designate by rule those system
status signals that must be provided. Signals providing
indication of operating power level shall also be provided. The
owners of the nuclear power reactors shall, at their expense,
ensure that valid signals will be provided continuously 24
hours a day.
All such signals shall be provided in a manner and at a
frequency specified by the Agency for incorporation into and
augmentation of the remote effluent monitoring system
specified in subsection (a) (1) of this Section. Provision
shall be made for assuring that such system status and power
level signals shall be available to the Agency during reactor
operation as well as throughout accidents and subsequent
recovery operations.
For nuclear reactors with operating licenses issued by the
Nuclear Regulatory Commission prior to the effective date of
this amendatory Act, such system status and power level signals

SB3016 - 8 - LRB100 16201 MJP 31324 b
shall be provided to the Department of Nuclear Safety (of which
the Agency is the successor) by March 1, 1985. For reactors
without such a license on the effective date of this amendatory
Act, such signals shall be provided to the Department prior to
commencing initial fuel load for such reactor. Nuclear reactors
receiving their operating license after the effective date of
this amendatory Act, but before July 1, 1985, shall provide
such system status and power level signals to the Department of
Nuclear Safety (of which the Agency is the successor) by
September 1, 1985.
(Source: P.A. 93-1029, eff. 8-25-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.