20 ILCS 3310

in effect

20 ILCS 3310/1

(20 ILCS 3310/1) Sec. 1. Short title. This Act may be cited as the Nuclear Safety Law of 2004. (Source: P.A. 93-1029, eff. 8-25-04.)

(20 ILCS 3310/5) Sec. 5. Cross references. The Agency shall exercise, administer, and enforce all rights, powers, and duties vested in Department of Nuclear Safety by the following named Acts or Sections of those Acts: (1) The Radiation Protection Act of 1990. (2) The Radioactive Waste Storage Act. (3) (Blank). (4) The Laser System Act of 1997. (5) The Illinois Nuclear Safety Preparedness Act. (6) The Radioactive Waste Compact Enforcement Act. (7) Illinois Low-Level Radioactive Waste Management Act. (8) Illinois Nuclear Facility Safety Act. (9) Radioactive Waste Tracking and Permitting Act. (10) Radon Industry Licensing Act. (11) Uranium and Thorium Mill Tailings Control Act. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/8 Definitions

(20 ILCS 3310/8) Sec. 8. 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.)

20 ILCS 3310/10

(20 ILCS 3310/10) Sec. 10. Nuclear and radioactive materials disposal. The Agency shall formulate a comprehensive plan regarding disposal of nuclear and radioactive materials in this State. The Agency shall establish minimum standards for disposal sites, shall evaluate and publicize potential effects on the public health and safety, and shall report to the Governor and General Assembly all violations of the adopted standards. In carrying out this function, the Agency shall work in cooperation with the Radiation Protection Advisory Council. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/15

(20 ILCS 3310/15) Sec. 15. Radiation sources; radioactive waste disposal. The Agency, instead of the Department of Nuclear Safety, shall register, license, inspect, and control radiation sources, shall purchase, lease, accept, or acquire lands, buildings, and grounds where radioactive wastes can be disposed, and shall supervise and regulate the operation of the disposal sites. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/20

(20 ILCS 3310/20) Sec. 20. Nuclear waste sites. (a) The Agency shall conduct a survey and prepare and publish a list of sites in the State where nuclear waste has been deposited, treated, or stored. (b) The Agency shall monitor nuclear waste processing, use, handling, storage, and disposal practices in the State, and shall determine existing and expected rates of production of nuclear wastes. (c) The Agency shall compile and make available to the public an annual report identifying the type and quantities of nuclear waste generated, stored, treated, or disposed of within this State and containing the other information required to be collected under this Section. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/25

(20 ILCS 3310/25) Sec. 25. Boiler and pressure vessel safety. The 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 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, issuance of inspection certificates of the facilities, and the furnishing of bonds conditioned upon the faithful performance of their duties. The Director 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. 103-569, eff. 6-1-24.)

20 ILCS 3310/30 Powers vested in Environmental Protection Agency

(20 ILCS 3310/30) Sec. 30. Powers vested in Environmental Protection Agency. (a) The Agency shall exercise, administer, and enforce all rights, powers, and duties vested in the Environmental Protection Agency by paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4 and by Sections 30 through 45 of the Environmental Protection Act, to the extent that these powers relate to standards of the Pollution Control Board adopted under Section 35 of this Act. The transfer of rights, powers, and duties specified in this Section is limited to the programs transferred by Public Act 81-1516 and this Act and shall not be deemed to abolish or diminish the exercise of those same rights, powers, and duties by the Environmental Protection Agency with respect to programs retained by the Environmental Protection Agency. (b) Notwithstanding provisions in Sections 4 and 17.7 of the Environmental Protection Act, the Environmental Protection Agency is not required to perform analytical services for community water supplies to determine compliance with contaminant levels for radionuclides as specified in State or federal drinking water regulations. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/35

(20 ILCS 3310/35) Sec. 35. Pollution Control Board regulations concerning nuclear plants. The Agency shall enforce the regulations promulgated by the Pollution Control Board under Section 25b of the Environmental Protection Act. Under these regulations the Agency shall require that a person, corporation, or public authority intending to construct a nuclear steam-generating facility or a nuclear fuel reprocessing plant file with the Agency an environmental feasibility report that incorporates the data provided in the preliminary safety analysis required to be filed with the United States Nuclear Regulatory Commission. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/40

(20 ILCS 3310/40) Sec. 40. Regulation of nuclear safety. (a) The Agency shall have primary responsibility for the coordination and oversight of all State governmental functions concerning the regulation of nuclear power, including low level waste management, environmental monitoring, environmental radiochemical analysis, and transportation of nuclear waste. Functions performed by the Illinois State Police and the Department of Transportation in the area of nuclear safety, on the effective date of this Act, may continue to be performed by these agencies but under the direction of the Agency. All other governmental functions regulating nuclear safety shall be coordinated by the Agency. (b) IEMA-OHS, in consultation with the Illinois Environmental Protection Agency, shall adopt rules for the regulation of small modular reactors. The rules shall be adopted by January 1, 2026 and shall include criteria for decommissioning, environmental monitoring, and emergency preparedness. The rules shall include a fee structure to cover IEMA-OHS costs for regulation and inspection. The fee structure may include fees to cover costs of local government emergency response preparedness through grants administered by IEMA-OHS. None of the rules developed by the Illinois Emergency Management Agency and Office of Homeland Security or any other State agency, board, or commission pursuant to this Act shall be construed to supersede the authority of the U.S. Nuclear Regulatory Commission. The changes made by this amendatory Act of the 103rd General Assembly shall not apply to the uprate, renewal, or subsequent renewal of any license for an existing nuclear power reactor that began operation prior to the effective date of this amendatory Act of the 103rd General Assembly. Any fees collected under this subsection shall be deposited into the Nuclear Safety Emergency Preparedness Fund created pursuant to Section 7 of the Illinois Nuclear Safety Preparedness Act. (c) Consistent with federal law and policy statements of and cooperative agreements with the U.S. 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, IEMA-OHS may develop and implement a program for inspections of small modular reactors, both operational and non-operational. The owner of each small modular reactor shall allow access to IEMA-OHS inspectors of all premises and records of the small modular reactor. The IEMA-OHS inspectors shall operate in accordance with any cooperative agreements executed between IEMA-OHS and the U.S. Nuclear Regulatory Commission. The IEMA-OHS inspectors shall operate in accordance with the security plan for the small modular reactor. IEMA-OHS programs and activities under this Section shall not be inconsistent with federal law. (d) IEMA-OHS shall be authorized to conduct activities specified in Section 8 of the Illinois Nuclear Safety Preparedness Act in regard to small modular reactors. (Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-569, eff. 6-1-24.)

20 ILCS 3310/40.5

(20 ILCS 3310/40.5) Sec. 40.5. Radiochemistry laboratory program. The Agency shall implement a comprehensive radiochemistry laboratory program. The Director, in accordance with the Personnel Code, shall employ and direct such personnel, and shall provide for such laboratory and other facilities, as may be necessary to carry out the purposes of this Act and the Acts referenced in Section 5. (Source: P.A. 102-133, eff. 7-23-21; 103-569, eff. 6-1-24.)

20 ILCS 3310/45 Appointment of Assistant Director

(20 ILCS 3310/45) Sec. 45. Appointment of Assistant Director. The Assistant Director shall be an officer appointed by the Governor, with the advice and consent of the Senate, and shall serve for a term of 2 years beginning on the third Monday in January of the odd-numbered year, and until a successor is appointed and has qualified; except that the first Assistant Director under this Act shall be the Director of Nuclear Safety. The Assistant Director shall not hold any other remunerative public office. The Assistant Director shall receive an annual salary as set by the Compensation Review Board. (Source: P.A. 96-800, eff. 10-30-09.)

20 ILCS 3310/50

(20 ILCS 3310/50) Sec. 50. Personnel transferred. Personnel previously assigned to the programs transferred from the Department of Nuclear Safety are hereby transferred to the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). The rights of the employees, the State, and executive agencies under the Personnel Code, any collective bargaining agreement, or any pension, retirement, or annuity plan shall not be affected by this Act. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/55

(20 ILCS 3310/55) Sec. 55. Records and property transferred. All books, records, papers, documents, property (real or personal), unexpended appropriations, and pending business in any way pertaining to the rights, powers, and duties transferred by this Act shall be delivered and transferred to the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/60 Data available to Department of Public Health

(20 ILCS 3310/60) Sec. 60. Data available to Department of Public Health. All files, records, and data gathered by or under the direction or authority of the Director under the Civil Administrative Code of Illinois shall be made available to the Department of Public Health under the Illinois Health and Hazardous Substances Registry Act. (Source: P.A. 93-1029, eff. 8-25-04.)

20 ILCS 3310/65

(20 ILCS 3310/65) Sec. 65. Nuclear accident plan. The Agency shall have primary responsibility to formulate a comprehensive emergency preparedness and response plan for any nuclear accident. The Agency shall also train and maintain an emergency response team. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/70

(20 ILCS 3310/70) Sec. 70. Nuclear and radioactive materials transportation plan. The Agency shall formulate a comprehensive plan regarding the transportation of nuclear and radioactive materials in Illinois. The Agency shall have primary responsibility for all State governmental regulation of the transportation of nuclear and radioactive materials, insofar as the regulation pertains to the public health and safety. This responsibility shall include but not be limited to the authority to oversee and coordinate regulatory functions performed by the Department of Transportation, the Illinois State Police, and the Illinois Commerce Commission. (Source: P.A. 102-538, eff. 8-20-21; 103-569, eff. 6-1-24.)

20 ILCS 3310/75

(20 ILCS 3310/75) Sec. 75. State nuclear power policy. Subject to appropriation, the Agency, in cooperation with the Department of Natural Resources, shall study (i) the impact and cost of nuclear power and compare these to the impact and cost of alternative sources of energy, (ii) the potential effects on the public health and safety of all radioactive emissions from nuclear power plants, and (iii) all other factors that bear on the use of nuclear power or on nuclear safety. The Agency shall formulate a general nuclear policy for the State based on the findings of the study. The policy shall include but not be limited to the feasibility of continued use of nuclear power, effects of the use of nuclear power on the public health and safety, minimum acceptable standards for the location of any future nuclear power plants, and rules and regulations for the reporting by public utilities of radioactive emissions from power plants. The Agency shall establish a reliable system for communication between the public and the Agency and for dissemination of information by the Agency. The Agency shall publicize the findings of all studies and make the publications reasonably available to the public. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/80 (Repealed)

(20 ILCS 3310/80) Sec. 80. (Repealed). (Source: P.A. 93-1029, eff. 8-25-04. Repealed by P.A. 100-872, eff. 8-14-18.)

20 ILCS 3310/85

(20 ILCS 3310/85) Sec. 85. Saving clause. (a) The rights, powers and duties transferred to the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security) by this Act shall be vested in and shall be exercised by the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). Each act done in exercise of such rights, powers, and duties shall have the same legal effect as if done by the Department of Nuclear Safety, its divisions, officers, or employees. (b) Every person or corporation shall be subject to the same obligations and duties and any penalties, civil or criminal, arising therefrom, and shall have the same rights arising from the exercise of such powers, duties, rights and responsibilities as had been exercised by the Department of Nuclear Safety, its divisions, officers or employees. (c) Every officer of the Illinois Emergency Management Agency and Office of Homeland Security shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by any officer whose powers or duties were transferred under this Act. (d) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the agencies and officers transferred by this Act, the same shall be made, given, furnished, or served in the same manner to or upon the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). (e) This Act shall not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause regarding the Department of Nuclear Safety before this Act takes effect, but such actions or proceedings may be prosecuted and continued by the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). (f) Any rules of the Department of Nuclear Safety that are in full force on the effective date of this Act and that have been duly adopted by the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security) shall become the rules of the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). This Act shall not affect the legality of any such rules in the Illinois Administrative Code. Any proposed rules filed with the Secretary of State by the Department of Nuclear Safety that are pending in the rulemaking process on the effective date of this Act, shall be deemed to have been filed by the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security). As soon as practicable hereafter, the Illinois Emergency Management Agency (now the Illinois Emergency Management Agency and Office of Homeland Security) shall revise and clarify the rules transferred to it under this Act to reflect the reorganization of rights, powers, and duties effected by this Act using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Illinois Emergency Management Agency and Office of Homeland Security may propose and adopt under the Illinois Administrative Procedure Act such other rules of the reorganized agencies that will now be administered by the Illinois Emergency Management Agency and Office of Homeland Security. (g) If any provision of this Act or its application to any person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application. To achieve this purpose, the provisions of this Act are declared to be severable. (Source: P.A. 103-569, eff. 6-1-24.)

20 ILCS 3310/90 (Repealed)

(20 ILCS 3310/90) Sec. 90. (Repealed). (Source: P.A. 103-569, eff. 6-1-24. Repealed by P.A. 104-458, eff. 6-1-26.)

20 ILCS 3310/905

(20 ILCS 3310/905) Sec. 905. (Amendatory provisions; text omitted). (Source: P.A. 93-1029, eff. 8-25-04; text omitted.)

20 ILCS 3310/910 The Department of Nuclear Safety Law of the Civil Administrative Code of Illinois is repealed

(20 ILCS 3310/910) Sec. 910. The Department of Nuclear Safety Law of the Civil Administrative Code of Illinois is repealed. (Source: P.A. 93-1029, eff. 8-25-04.)

20 ILCS 3310/915

(20 ILCS 3310/915) Sec. 915. (Amendatory provisions; text omitted). (Source: P.A. 93-1029, eff. 8-25-04; text omitted.)

20 ILCS 3310/999

(20 ILCS 3310/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 93-1029, eff. 8-25-04.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026