§ 14

(Text of Section before amendment by P.A. 104-458 ) Sec. 14. Waste management funds. (a) There is hereby created in the State Treasury a special fund to be known as the Low-Level Radioactive Waste Facility Development and Operation Fund. All monies within the Low-Level Radioactive Waste Facility Development and Operation Fund shall be invested by the State Treasurer in accordance with established investment practices. Interest earned by such investment shall be returned to the Low-Level Radioactive Waste Facility Development and Operation Fund. The Agency shall deposit all receipts from the fees required under subsections (a) and (b) of Section 13 in the State Treasury to the credit of this Fund. Subject to appropriation, the Agency is authorized to expend all moneys in the Fund in amounts it deems necessary for: (1) hiring personnel and any other operating and contingent expenses necessary for the proper administration of this Act; (2) contracting with any firm for the purpose of carrying out the purposes of this Act; (3) grants to the Central Midwest Interstate Low-Level Radioactive Waste Commission; (4) hiring personnel, contracting with any person, and meeting any other expenses incurred by the Agency in fulfilling its responsibilities under the Radioactive Waste Compact Enforcement Act; (5) activities under Sections 10, 10.2 and 10.3; (6) payment of fees in lieu of taxes to a local government having within its boundaries a regional disposal facility; (7) payment of grants to counties or municipalities under Section 12.1; and (8) fulfillment of obligations under a community agreement under Section 12.1. In spending monies pursuant to such appropriations, the Agency shall to the extent practicable avoid duplicating expenditures made by any firm pursuant to a contract awarded under this Section. (b) There is hereby created in the State Treasury a special fund to be known as the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund. All monies within the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund shall be invested by the State Treasurer in accordance with established investment practices. Interest earned by such investment shall be returned to the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund. All deposits into this Fund shall be held by the State Treasurer separate and apart from all public money or funds of this State. Subject to appropriation, the Agency is authorized to expend any moneys in this Fund in amounts it deems necessary for: (1) decommissioning and other procedures required for the proper closure of the regional disposal facility; (2) monitoring, inspecting, and other procedures required for the proper closure, decommissioning, and post-closure care of the regional disposal facility; (3) taking any remedial actions necessary to protect human health and the environment from releases or threatened releases of wastes from the regional disposal facility; (4) the purchase of facility and third-party liability insurance necessary during the institutional control period of the regional disposal facility; (5) mitigating the impacts of the suspension or interruption of the acceptance of waste for disposal; (6) compensating any person suffering any damages or losses to a person or property caused by a release from the regional disposal facility as provided for in Section 15; and (7) fulfillment of obligations under a community agreement under Section 12.1. On or before March 1 of each year through March 1, 2025, the Agency shall deliver to the Governor, the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House, and each of the generators that have contributed during the preceding State fiscal year to the Fund a financial statement, certified and verified by the Director, which details all receipts and expenditures from the Fund during the preceding State fiscal year. The financial statements shall identify all sources of income to the Fund and all recipients of expenditures from the Fund, shall specify the amounts of all the income and expenditures, and shall indicate the amounts of all the income and expenditures, and shall indicate the purpose for all expenditures. On July 1, 2025, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund into the Low-Level Radioactive Waste Facility Development and Operation Fund. Upon completion of the transfer, the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Low-Level Radioactive Waste Facility Development and Operation Fund. (c) (Blank). (d) The Agency may accept for any of its purposes and functions any donations, grants of money, equipment, supplies, materials, and services from any state or the United States, or from any institution, person, firm or corporation. Any donation or grant of money shall be deposited into the Low-Level Radioactive Waste Facility Development and Operation Fund. (Source: P.A. 104-2, eff. 6-16-25.) (Text of Section after amendment by P.A. 104-458 ) Sec. 14. Waste management funds. (a) There is hereby created in the State Treasury a special fund to be known as the Low-Level Radioactive Waste Facility Operation Fund. All monies within the Low-Level Radioactive Waste Facility Operation Fund shall be invested by the State Treasurer in accordance with established investment practices. Interest earned by such investment shall be returned to the Low-Level Radioactive Waste Facility Operation Fund. The Agency shall deposit all receipts from the fees required under Section 13 in the State Treasury to the credit of this Fund. Subject to appropriation, the Agency is authorized to expend all moneys in the Fund in amounts it deems necessary for: (1) hiring personnel and any other operating and contingent expenses necessary for the proper administration of this Act; (2) contracting with any firm for the purpose of carrying out the purposes of this Act; (3) grants to the Central Midwest Interstate Low-Level Radioactive Waste Commission; (4) hiring personnel, contracting with any person, and meeting any other expenses incurred by the Agency in fulfilling its responsibilities under the Radioactive Waste Compact Enforcement Act; (5) activities under Sections 10, 10.2 and 10.3; (6) payment of fees in lieu of taxes to a local government having within its boundaries a regional disposal facility; (7) payment of grants to counties or municipalities under Section 12.1; (8) fulfillment of obligations under a community agreement under Section 12.1; (9) decommissioning and other procedures required for the proper closure of a regional disposal facility; (10) monitoring, inspecting, and other procedures required for the proper closure, decommissioning, and post-closure care of a regional disposal facility; (11) taking any remedial actions necessary to protect human health and the environment from releases or threatened releases of wastes from a regional disposal facility; (12) the purchase of facility and third-party liability insurance necessary during the institutional control period of a regional disposal facility; (13) mitigating the impacts of the suspension or interruption of the acceptance of waste for disposal; and (14) compensating any person suffering any damages or losses to a person or property caused by a release from the regional disposal facility as provided for in Section 15. In spending monies pursuant to such appropriations, the Agency shall to the extent practicable avoid duplicating expenditures made by any firm pursuant to a contract awarded under this Section. (b) There is hereby created in the State Treasury a special fund to be known as the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund. All monies within the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund shall be invested by the State Treasurer in accordance with established investment practices. Interest earned by such investment shall be returned to the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund. All deposits into this Fund shall be held by the State Treasurer separate and apart from all public money or funds of this State. On or before March 1 of each year through March 1, 2025, the Agency shall deliver to the Governor, the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House, and each of the generators that have contributed during the preceding State fiscal year to the Fund a financial statement, certified and verified by the Director, which details all receipts and expenditures from the Fund during the preceding State fiscal year. The financial statements shall identify all sources of income to the Fund and all recipients of expenditures from the Fund, shall specify the amounts of all the income and expenditures, and shall indicate the amounts of all the income and expenditures, and shall indicate the purpose for all expenditures. On July 1, 2025, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund into the Low-Level Radioactive Waste Facility Operation Fund. Upon completion of the transfer, the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Low-Level Radioactive Waste Facility Operation Fund. (c) (Blank). (d) The Agency may accept for any of its purposes and functions any donations, grants of money, equipment, supplies, materials, and services from any state or the United States, or from any institution, person, firm or corporation. Any donation or grant of money shall be deposited into the Low-Level Radioactive Waste Facility Operation Fund.

Legislative History

(Source: P.A. 104-2, eff. 6-16-25; 104-458, eff. 6-1-26.)