2023 Illinois Compiled Statutes › Chapter 420 - NUCLEAR SAFETY › 420 ILCS 10/ - Illinois Nuclear Facility Safety Act.

(420 ILCS 10/1) (from Ch. 111 1/2, par. 4351)
Sec. 1. 
		Short Title. 
		This Act shall be known and may be cited as the
"Illinois Nuclear Facility Safety Act".
(Source: P.A. 86-901.)
(420 ILCS 10/2) (from Ch. 111 1/2, par. 4352)
(Text of Section before amendment by P.A. 103-569)
Sec. 2. Policy statement. It is declared to be the policy of the
State of Illinois to prevent accidents at nuclear facilities in Illinois
for the economic well-being of the People of the State of Illinois and for
the health and safety of workers at nuclear facilities and private citizens
who could be injured as a result of releases of radioactive materials from
nuclear facilities.  It is the intent of the General Assembly that this Act
should be construed consistently with federal law to maximize the role of
the State in contributing to safety at nuclear facilities in Illinois.
It is the intent of the General Assembly that the Illinois Emergency Management Agency should not take any actions which are preempted by federal
law or engage in dual regulation of nuclear facilities, unless dual
regulation is allowed by federal law and policies of the Nuclear Regulatory
Commission.  In implementing its responsibilities under this Act, the
Agency shall not take any action which
interferes with the safe operation of a nuclear facility.
(Source: P.A. 95-777, eff. 8-4-08.)
(Text of Section after amendment by P.A. 103-569)
Sec. 2. Policy statement. It is declared to be the policy of the State of Illinois to prevent accidents at nuclear facilities in Illinois for the economic well-being of the People of the State of Illinois and for the health and safety of workers at nuclear facilities and private citizens who could be injured as a result of releases of radioactive materials from nuclear facilities. It is the intent of the General Assembly that this Act should be construed consistently with federal law to maximize the role of the State in contributing to safety at nuclear facilities in Illinois. It is the intent of the General Assembly that the Agency should not take any actions which are preempted by federal law or engage in dual regulation of nuclear facilities, unless dual regulation is allowed by federal law and policies of the Nuclear Regulatory Commission. In implementing its responsibilities under this Act, the Agency shall not take any action which interferes with the safe operation of a nuclear facility.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 10/2.5)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 2.5. Applicability. This Act does not apply to small modular reactors.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 10/3) (from Ch. 111 1/2, par. 4353)
Sec. 3. 
		Legislative findings. 
		The General Assembly finds:
(a) that Illinois has more operating nuclear power plants than any state in the Nation;
(b) that Illinois has a commercial, away-from-reactor, spent nuclear fuel
storage facility;
(c) that on behalf of the People, the State of Illinois has not only an
interest in emergency preparedness to mitigate the effects of accidents at
nuclear facilities but also an interest in furthering actions which reduce
the likelihood and severity of accidents at nuclear facilities;
(d) that reduction of the likelihood and severity of accidents at
nuclear facilities is in the interest of the economic well-being of the
People of the State of Illinois because of the substantial costs of (1)
repairing or replacing nuclear facility
equipment damaged or destroyed in an accident; (2) purchasing replacement
power in the event of a loss in generating capacity in an accident; (3)
disposing of nuclear facility equipment highly contaminated with
radioactivity in an accident; (4) decontaminating or replacing private
property damaged in an accident; (5) replacing agricultural products
contaminated with radioactivity in an accident; (6) disruption to the
economy caused by an accident; and (7) health care for workers and private
citizens injured in an accident; and
(e) that reduction of the likelihood and severity of accidents at
nuclear facilities in Illinois protects the health and safety of workers at
nuclear facilities and private citizens who could be injured as a result of
releases of radiation from nuclear facilities.
(Source: P.A. 86-901.)
(420 ILCS 10/3.5)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 3.5. Definitions. In this Act:
"IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency.
"Director" means the Director of IEMA-OHS.
"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.
"Nuclear power plant" or "nuclear steam-generating facility" means a thermal power plant in which the energy (heat) released by the fissioning of nuclear fuel is used to boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.
"Small modular reactor" or "SMR" means an advanced nuclear reactor: (1) with a rated nameplate capacity of 300 electrical megawatts or less; and (2) that may be constructed and operated in combination with similar reactors at a single site.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 10/4) (from Ch. 111 1/2, par. 4354)
Sec. 4. Authorization. The Agency is authorized to enter into
any and all cooperative agreements with the federal Nuclear Regulatory
Commission consistent with the applicable provisions of the Atomic Energy Act.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 10/5) (from Ch. 111 1/2, par. 4355)
Sec. 5. Program for Illinois nuclear power plant inspectors.
(a) Consistent with federal law and policy statements of and
cooperative agreements with the Nuclear Regulatory Commission with respect
to State participation in health and safety regulation of nuclear
facilities, and in recognition of the role provided for the states by such
laws, policy statements and cooperative agreements, the Agency shall
develop and implement a program for Illinois resident inspectors that, when
fully implemented, shall provide for one full-time Agency Illinois
resident inspector at each nuclear power plant in Illinois.  The owner of each
of the nuclear power plants to which they are assigned shall provide, at
its expense, office space and equipment reasonably required by the resident
inspectors while they are on the premises of the nuclear power plants.  The
Illinois resident inspectors shall operate in accordance with a cooperative
agreement executed by the Agency and the Nuclear Regulatory Commission and
shall have access to the nuclear power plants to which they have been assigned
in accordance with that agreement; provided, however, that the Illinois
resident inspectors shall have no greater access than is afforded to a resident inspector of the Nuclear Regulatory Commission.
(b) The Agency may also inspect licensed nuclear power plants that
have permanently ceased operations. The inspections shall be performed by
inspectors qualified as Illinois resident inspectors. The inspectors need not
be resident at nuclear power plants that have permanently ceased operations.
The inspectors shall conduct inspections in accordance with a cooperative
agreement executed by the Agency and the Nuclear Regulatory Commission and
shall have access to the nuclear power plants that have permanently ceased
operations; provided, however, that the Illinois inspectors shall have no
greater access than is afforded to inspectors of the Nuclear Regulatory
Commission. The owner of each of the nuclear power plants that has permanently
ceased operations shall provide, at its expense, office space and equipment
reasonably required by the inspectors while they are on the premises of the
nuclear power plants.
(c) The Illinois resident inspectors and inspectors assigned under
subsection (b) shall each operate in accordance with the security plan for
the nuclear power plant to which they are assigned, but in no event shall they
be required to meet any requirements imposed by a nuclear power plant owner
that are not imposed on resident inspectors and inspectors of the Nuclear
Regulatory Commission.  The Agency programs and activities under this
Section shall not be inconsistent with federal law.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 10/7) (from Ch. 111 1/2, par. 4357)
Sec. 7. The Agency shall not engage in any program of Illinois resident
inspectors or inspectors assigned under subsection (b) of Section 5 at any
nuclear power plant in Illinois except as specifically directed by law.
(Source: P.A. 95-777, eff. 8-4-08.)