Amended in Assembly March 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 452

Introduced by Assembly Member Brown

February 19, 2013

An act to amend begin delete Section 1505 of the Health and Safety Code, relating to community care facilities. end delete begin insert Sections 114975, 114985, 115000.1, 115060, 115061, and 115080 of, and to add Section 114986 to, the Health and Safety Code, relating to radioactive materials. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 452, as amended, Brown. begin delete Community care facilities: exceptions. end delete begin insert Radioactive materials: federal regulation. end insert

begin insert

(1) The Radiation Control Law requires the State Department of Public Health to regulate the use and control of radiologic materials. A violation of the Radiation Control Law, or a regulation adopted pursuant to that law, is a misdemeanor. The federal Atomic Energy Act of 1954, as amended, authorizes the Nuclear Regulatory Commission to enter into agreements with the governor of a state providing for discontinuance of certain regulatory authority of the commission with respect to byproduct materials, source materials, and special nuclear materials in quantities not sufficient to form a critical mass.

end insert begin insert

This bill would provide that with certain exceptions the regulations, adopted by the Nuclear Regulatory Commission in effect on January 1, 2014, are deemed to be the regulations of this state and adopted pursuant to the Radiation Control Law, if the regulations, among other things, are required by federal law or regulation to be adopted by an agreement state in an essentially identical manner. The bill would provide for the adoption of future federal regulations, including amendment thereto, if the department finds the regulations meet that criteria. The bill would require the department to adopt regulations that it determines are necessary for the administration and enforcement of the adopted federal regulations. The bill would also prohibit the department from adopting regulations that are determined by the Nuclear Regulatory Commission, or its successor, to address areas of regulation that cannot be relinquished to agreement states.

end insert begin insert

The bill would also make conforming changes and delete obsolete provisions and erroneous references.

end insert begin insert

Since a violation of the regulations adopted pursuant to the law is a crime, the bill would impose a state-mandated local program.

end insert begin insert

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law requires a license issued by the State Department of Health Care Services to operate a community care facility. Existing law defines “community care facility” as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Existing law exempts certain entities from regulation as community care facilities.

end delete begin delete

This bill would exempt overnight shelters for unaccompanied youth or homeless youth, as defined, from the provisions regulating community care facilities.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 114975 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

114975.  

Rules and regulations adopted under this chapter shall
be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code begin delete , and Sections 25733 end delete and begin insert Section end insert 114920 of this code.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 114985 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

114985.  

As used in this chapter:

(a) “Secretary” means the Secretary of the begin insert Natural end insert Resources
Agency.

(b) “Ionizing radiation” means gamma rays and X-rays; alpha
and beta particles, high-speed electrons, neutrons, protons, and
other nuclear particles; but not sound or radio waves, or visible,
infrared, or ultraviolet light.

(c) “Person” means any individual, corporation, partnership,
limited liability company, firm, association, trust, estate, public or
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,
other than the United States Nuclear Regulatory Commission, the
United States Department of Energy, or any successor begin delete thereto end delete begin insert to
those entities end insert , and other than federal government agencies licensed
by the United States Nuclear Regulatory Commission, under prime
contract to the United States Department of Energy, or any
successor thereto.

(d) “Byproduct material” means any radioactive material, except
special nuclear material, yielded in, or made radioactive by
exposure to the radiation incident to, the process of producing or
utilizing special nuclear material.

(e) “Source material” means begin delete (1) uranium, end delete begin insert either of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Uranium, end insert thorium, or any other material begin delete which end delete begin insert that end insert the
department declares by rule to be source material after the United
States Nuclear Regulatory Commission, or any successor begin delete thereto end delete
begin insert to that commission end insert , has determined the material to be begin delete such; or (2)
ores end delete begin insert source material. end insert

begin insert (2) end insert begin insert   end insert begin insert Ores end insert containing one or more of the begin delete foregoing end delete materials
begin insert described in paragraph (1) end insert , in begin delete such end delete begin insert a end insert concentration begin delete as end delete begin insert that end insert the
department declares by rule to be source material after the United
States Nuclear Regulatory Commission, or any successor begin delete thereto end delete
begin insert to that commission end insert , has determined the material in begin delete such end delete begin insert that end insert
concentration to be source material.

(f) “Special nuclear material” means begin delete (1) plutonium, end delete begin insert either of
the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Plutonium, end insert uranium 233, uranium enriched in the isotope
233 or in the isotope 235, and any other material begin delete which end delete begin insert that end insert the
department declares by rule to be special nuclear material after the
United States Nuclear Regulatory Commission, or any successor
begin delete thereto end delete begin insert to that commission end insert , has determined the material to be begin delete such end delete
begin insert special nuclear material end insert , but begin insert that end insert does not include source material begin delete ;
or (2) any end delete begin insert . end insert

begin insert (2) end insert begin insert   end insert begin insert Any end insert material artificially enriched by begin delete any of the foregoing end delete begin insert a
material described in paragraph (1) end insert , but does not include source
material.

(g) “General license” means a license, pursuant to regulations
promulgated by the department, effective without the filing of an
application, to transfer, acquire, own, possess or use quantities of,
or devices or equipment utilizing, byproduct, source, or special
nuclear materials or other radioactive material occurring naturally
or produced artificially.

(h) “Specific license” means a license, issued after application,
to use, manufacture, produce, transfer, receive, acquire, own, or
possess quantities of, or devices or equipment utilizing, byproduct,
source, or special nuclear materials or other radioactive material
occurring naturally or produced artificially.

(i) “Registration” means the reporting of possession of a source
of radiation and the furnishing of information with respect begin delete thereto end delete
begin insert to a source of radiation end insert , in accordance with subdivision (b) of
Section 115060.

(j) “Department” means the State Department of begin delete Health Services end delete
begin insert Public Health end insert .

(k) “Director” means the begin delete State end delete Director of begin delete Health Services end delete
begin insert Public Health end insert .

(l) “Federal research and development activity” means begin delete any end delete begin insert an end insert
activity of the Secretary of Energy conducted at begin delete any end delete begin insert a end insert research
facility owned or operated by the United States Department of
Energy.

(m) “Low-level waste” means radioactive waste not classified
as high-level radioactive waste, transuranic waste, spent nuclear
fuel, or the byproduct material defined in Section 11(e)(2) of the
Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For
purposes of this subdivision, the following definitions shall apply:

(1) “High-level radioactive waste” means either of the following:

(A) 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 this
liquid waste that contains fission products in sufficient
concentrations.

(B) Other highly radioactive material that the Nuclear
Regulatory Commission, consistent with existing law, determines
by rule requires permanent isolation.

(2) “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.

(3) “Transuranic waste” means begin delete any end delete begin insert a end insert waste containing more
than 100 nanocuries of alpha emitting transuranic nuclides with
half-life greater than five years per gram of waste material.

(n) “Mammogram” means an X-ray image of the human breast.

(o) “Mammography” means the procedure for creating a
mammogram.

(p) “Mammography quality assurance” means the detection of
a change in X-ray and ancillary equipment that adversely affects
the quality of films and the glandular radiation dose, and the
correction of this change.

(q) “Mammogram certification” means a certification, issued
by the department after registration, that the equipment dedicated
to or used for mammography meets the standards prescribed
pursuant to this chapter.

begin insert

(r) “Nuclear Regulatory Commission” means the United States
Nuclear Regulatory Commission or its successor.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 114986 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 114986. end insert   

(a) For purposes of this section, “agreement state”
means a state with which the Nuclear Regulatory Commission has
entered into an effective agreement under former Section 274b of
the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec.
2021(b)), that state ratified as specified in Section 115230.

(b) Except as provided in subdivision (c), a regulation adopted
by the Nuclear Regulatory Commission and in effect on January
1, 2014, shall be deemed to be the regulations of this state and
adopted pursuant to this chapter if the regulations are any of the
following:

(1) The regulations are required by federal law or regulation
to be adopted by an agreement state in an essentially identical
manner.

(2) An agreement state is required by federal law or regulation
to meet the essential objective of that regulation, including, but
not limited to, compatibility.

(3) The regulations are identified by the Nuclear Regulatory
Commission as having a particular health and safety role,
including, but not limited to, adequacy, as determined by the
Nuclear Regulatory Commission.

(c) Except as provided in subdivision (d), the regulations
adopted by the Nuclear Regulatory Commission, including
amendments to those regulations, adopted after January 1, 2014,
shall be deemed to be the regulations of the state and adopted
pursuant to this chapter, if the department makes one of the
findings specified in paragraphs (1) to (3), inclusive, of subdivision
(b).

(d) Subdivision (b) and (c) do not apply to any of the following
regulations:

(1) A regulation adopted by the Nuclear Regulatory Commission
that conflicts with existing state law.

(2) (A) The regulations found in Subpart E (commencing with
Section 20.1401) of Part 20 of Chapter I of Title 10 of the Code
of Federal Regulations.

(B) Paragraph (A) does not prohibit the department from
adopting equivalent regulations in accordance with applicable
laws.

(3) The definition of the term “byproduct material,” as provided
in the regulations specified in subdivision (b).

(e) A federal regulation adopted pursuant to subdivision (b)
shall take effect in this state on the effective date of the federal
regulation.

(f) The department shall adopt regulations that it determines
are necessary for the administration and enforcement of the
regulations adopted pursuant to subdivision (b) or (c).

(g) This section does not authorize and the department shall
not adopt regulations determined by the Nuclear Regulatory
Commission to address areas of regulation that cannot be
relinquished to agreement states pursuant to the Atomic Energy
Act of 1954, as amended, or the regulations adopted by the Nuclear
Regulatory Commission.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 115000.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

115000.1.  

(a) For the purposes of this section, the following
terms have the following meanings:

(1) “Generate” means to produce or cause the production of, or
to engage in an activity begin delete which end delete begin insert that end insert otherwise results in the creation
or increase in the volume of, low-level radioactive waste.

(2) (A) “Generator” means begin delete any end delete begin insert a end insert person who, by his or her
actions, or by the actions of his or her agent, employee, or
independent contractor, generates low-level radioactive waste in
the state.

(B) For purposes of this section, a person who provides for or
arranges for the collection, transportation, treatment, storage, or
disposal of low-level radioactive waste generated by others is a
generator only to the extent that his or her actions, or the actions
of his or her agent, employee, or independent contractor, generate
low-level radioactive waste.

(3) “Person” means an individual, partnership, corporation, or
other legal entity, including any state, interstate, federal, or
municipal governmental entity.

(4) “Waste” means material that is not in use and is no longer
useful.

(5) “Generator category” includes, but is not limited to, any of
the following:

(A) Nuclear powerplants.

(B) Reactor vendors or designers.

(C) Government.

(D) Medicine.

(E) Academia.

(F) Aerospace.

(G) Military.

(H) Research.

(I) Industrial gauges.

(J) Manufacturing.

(6) “Low-level radioactive waste” or “LLRW” has the same
meaning as defined in Article 2 of the Southwestern Low-Level
Radioactive Waste Disposal Compact, as set forth in Section
115255.

(7) “Class” means the class of low-level radioactive waste.
“Class begin delete A”, end delete begin insert A, end insert begin insert ” end insert “class begin delete B”, end delete begin insert B, end insert begin insert ” end insert and “class C” waste are those classes
defined in Section 61.55 of Title 10 of the Code of Federal
Regulations.

(8) “Licensed LLRW disposal facility” means any of the three
disposal facilities located at Barnwell, South Carolina; Clive, Utah;
or Richland, Washington, that exist on January 1, 2003.

(b) The department shall, for the protection of public health and
safety maintain a file of each manifest from each generator of
LLRW that is sent to a disposal facility or to a facility subject to
the Southwestern Low-level Radioactive Waste Disposal Compact,
as set forth in Article 17 (commencing with Section 115250).

(c) The department shall, for the protection of public health and
safety, maintain a file of all LLRW transferred for disposal to a
licensed LLRW disposal facility during the reporting period, either
directly or through a broker or agent, that shall meet all of the
following conditions:

(1 begin insert ) end insert  Specify the category of generator, class, quantity by activity,
and volume of LLRW, including an estimate of the peak and
average quantities in storage, along with the identity of the
generator, and the chemical and physical characteristics of that
waste, including its half-life, properties, or constituents, and
radionuclides present at, or above, the minimum labeling
requirements, with their respective concentrations and amounts of
radioactivity.

(2) Be updated annually, at minimum, to ensure an accurate and
timely depiction of radioactive waste in the state.

(3) Include all of the following information in the file:

(A) The total volume, volume by class, and activity by
radionuclide and class.

(B) The types and specifications of individual containers used
and the number of each type transferred for disposal.

(C) The maximum surface radiation exposure level on any single
container of LLRW transferred, the number of disposal containers
that exceed 200 mR/hour, and the volume, class, and activity by
radionuclide.

(D) The identification of each licensed LLRW disposal facility
to which LLRW was transferred, either directly or through a broker
or agent, and the volume and activity by class of LLRW transferred
by each broker to each licensed LLRW disposal facility.

(E) The identification of all brokers or agents to which LLRW
was transferred and the volume and activity by class of the
generator’s LLRW transferred by each broker or agent to each
licensed LLRW disposal facility.

(F) The weight of source material by its type. For purposes of
this begin delete paragraph end delete begin insert subparagraph end insert , “type” includes, but is not limited
to, natural uranium, depleted uranium, or thorium.

(G) The total number of grams of special nuclear material by
radionuclide, and the maximum number of grams of special nuclear
material in any single shipment by radionuclide.

(H) As complete a description as practicable of the principal
chemical and physical form of the LLRW by volume and
radionuclide, including the identification of any known hazardous
properties, other than its radioactive property.

(I) For solidified or sorbed liquids, the nature of the liquid, the
solidifying or sorbing agent used, and the final volume.

(J) For LLRW containing more than 0.1 percent by weight
chelating agents, the identification of the chelating agent, the
volume and weight of the LLRW and the weight percentage of
chelating agent.

(K) For LLRW that was treated, either by the generator or its
agent or independent contractor, in preparation for transfer to a
licensed LLRW disposal facility described in paragraph (8) of
subdivision (a) for the purpose of reducing its volume or activity
by any method begin insert , end insert including reduction by storage for decay, or for
the purpose of changing its physical or chemical characteristics in
a manner other than by solidification or sorption of liquids, the
file shall include a description of the treatment process.

(L) The volume, volume by class, and activity by radionuclide
and class of that LLRW, if any, that the generator is holding at the
end of the annual reporting period because the generator knows
or has reason to believe that LLRW will not be accepted for
disposal at any of the licensed LLRW disposal facilities. The file
shall include a description of this LLRW.

(d) The department shall maintain a file on each generator’s
LLRW stored, including specific radionuclides, total volume,
volume by class, total activity, and activity by radionuclide and
class of LLRW stored for decay and stored for later transfer,
including the periods of time for both types of storage.

(e) (1) The department shall prepare an annual report, including
a set of tables summarizing data collected from the activities and
maintenance of files specified in subdivisions (c) and (d) to the
department. These annual data tables shall contain information
that summarizes and categorizes, by category, and if applicable,
subcategory, of generator and location by county and identity of
generator, the nature, characteristics and the total volume, volume
by class, total activity and activity by radionuclide and class of
LLRW generated, disposed of, treated, transferred, stored for later
transfer, and stored for decay during each calendar year.

(2) The department shall note, in the set of tables prepared
pursuant to paragraph (1), any generator for which data are lacking.

(f) The department shall make the information described in
subdivisions (c) and (d) available to the public in a format that
aggregates the information by county. The department shall not
make public the identity and location of any site where LLRW is
stored or used. The department may combine information from
multiple counties if necessary to protect public security.
Notwithstanding any other provision of law the department shall
not make the report prepared pursuant to subdivision (e) available
to the public, and the report is not subject to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 6 of Title 1 of the Government Code).

(g) The department may make the information described in
subdivisions (c) and (d) available upon request to any Member of
the Legislature. No Member of the Legislature may disclose the
identity or location of any site where LLRW is stored or used to
any member of the general public.

(h) To meet the requirements of this section, each generator
shall submit to the department the information included in Forms
540, 541, and 542, and any successor forms, of the Nuclear
Regulatory Commission, for each LLRW shipment. In addition,
for purposes of subparagraph (L) of paragraph begin delete (4) end delete begin insert (3) end insert of
subdivision (c) and subdivision (d), each generator shall annually
complete and submit to the department the information included
on Forms 540, 541, and 542, and any successor forms, of the
Nuclear Regulatory Commission that describe the LLRW stored
and shipped by the generator.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 115060 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

115060.  

(a) The department shall provide by rule or regulation
for general or specific licensing of persons to receive, possess, or
transfer radioactive materials, or devices or equipment utilizing
these materials. That rule or regulation shall provide for begin insert the end insert
amendment, suspension, or revocation of licenses.

(b) The department may require registration and inspection of
sources of ionizing radiation other than those that require a specific
license, and compliance with specific safety standards to be adopted
by the department.

(c) The department may exempt certain sources of ionizing
radiation or kinds of uses or users from the licensing or registration
requirements set forth in this section begin delete when end delete begin insert if end insert the department makes
a finding that the exemption of these sources of ionizing radiation
or kinds of uses or users will not constitute a significant risk to the
health and safety of the public.

(d)  begin delete Regulations end delete begin insert The regulations end insert adopted pursuant to this chapter
may provide for recognition of other state or federal licenses as
the department may deem desirable, subject to begin insert the end insert registration
requirements begin delete as end delete begin insert that end insert the department may prescribe.

(e) The department shall adopt registration and certification
regulations for mammography equipment. These regulations shall
include, but not be limited to, all of the following requirements:

(1) An X-ray machine used for mammography shall be
specifically designed for mammography and inspected by the
department, or deemed satisfactory by the department based upon
evidence of certification by the American College of Radiology
mammography accreditation program, or an accreditation program
that the department deems equivalent before it is certified.

(2)  begin delete That all end delete begin insert All end insert persons who have a certificate for mammography
equipment begin insert shall end insert follow a quality assurance program to be adopted
by the department to ensure the protection of the public health and
safety.

(3)  begin delete That quality end delete begin insert Quality end insert assurance tests, as determined by the
department, begin delete are end delete begin insert shall be end insert performed on all mammography
equipment located in a mobile van or unit after each relocation of
the mobile van or unit to a different location for the purpose of
providing mammography. This equipment shall be recalibrated if
images are not of diagnostic quality as determined by the
department. begin delete A end delete begin insert The department shall maintain and make available
for inspection a end insert written record of the location of mobile vans or
units with dates and times begin delete shall be maintained and available for
inspection by the department end delete .

(4)  begin delete On or after July 15, 1993, all end delete begin insert All end insert mammography equipment
shall be registered with and certified by the department. If this
mammography equipment is certified by a private accreditation
organization, the department shall take into consideration evidence
of this private certification when deciding to issue a mammogram
certification.

(5) All licenses, permits, and certificates issued by the
department pursuant to this chapter and the Radiologic Technology
Act (Section 27) relating to the use of mammography equipment
shall be publicly posted pursuant to this section and regulations
adopted by the department.

(f) To further ensure the quality of mammograms, the
department shall require all mammogram facilities, other than
mobile units or vans, to operate quickly and efficiently so as to
ensure that the facilities are able to develop mammograms of
diagnostic quality prior to when the patient leaves the facility.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 115061 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

115061.  

(a) In order to better protect the public and radiation
workers from unnecessary exposure to radiation and to reduce the
occurrence of misdiagnosis, the Radiologic Health Branch within
the State Department of begin insert Public end insert Health begin delete Services end delete shall adopt
regulations that require personnel and facilities using
radiation-producing equipment for medical and dental purposes
to maintain and implement medical and dental quality assurance
standards that protect the public health and safety by reducing
unnecessary exposure to ionizing radiation while ensuring that
images are of diagnostic quality. The standards shall require quality
assurance tests to be performed on all radiation-producing
equipment used for medical and dental purposes.

(b) The Radiologic Health Branch shall adopt the regulations
described in subdivision (a) and provide the regulations to the
health committees of the Assembly and the Senate on or before
January 1, 2008.

(c) For purposes of this section, “medical and dental quality
assurance” means the detection of a change in X-ray and ancillary
equipment that adversely affects the quality of films or images and
the radiation dose to the patients, and the correction of this change.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 115080 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

115080.  

(a)  begin insert (1) end insert begin insert   end insert Notwithstanding Section 6103 of the
Government Code, the department shall provide by regulation a
ranking of priority for inspection, as determined by the degree of
potentially damaging exposure of persons by ionizing radiation
and the requirements of Section 115085, and a schedule of fees,
based upon that priority ranking, that shall be paid by persons
possessing sources of ionizing radiation that are subject to
registration in accordance with subdivisions (b) and (e) of Section
115060, and regulations adopted pursuant begin delete thereto end delete begin insert to those sections end insert .
begin delete The end delete

begin insert (2) end insert begin insert   end insert begin insert The department may expend the end insert revenues derived from the
fees begin delete shall be used end delete , together with other funds made available
begin delete therefor end delete , for the purpose of carrying out begin delete any end delete begin insert the end insert inspections of the
sources of ionizing radiation required by this chapter or begin insert the end insert
regulations adopted pursuant begin delete thereto end delete begin insert to this chapter end insert . begin delete The fees shall, end delete

begin insert (3) end insert begin insert   end insert begin insert The department shall set the fees so that end insert together with any
other funds made available to the department, begin delete be end delete begin insert the amount is end insert
sufficient to cover the costs of administering this begin delete chapter, and end delete
begin insert chapter. The fees end insert shall be set in amounts intended to cover the
costs of administering this chapter for each priority source of
ionizing radiation. begin delete Revenues end delete

begin insert (4) end insert begin insert   end insert begin insert The revenues end insert generated by the fees shall not offset any
general funds appropriated for the support of the radiologic
programs authorized pursuant to this chapter begin delete , end delete and the Radiologic
Technology Act (Section begin delete 27), and Chapter 7.6 (commencing with
Section 114960). Persons who pay end delete begin insert 27). A person that pays end insert fees
shall not be required to pay, directly or indirectly, for the share of
the costs of administering this chapter begin delete of end delete begin insert for end insert those persons for
whom fees are waived. begin delete The end delete

begin insert (6) end insert begin insert   end insert begin insert When setting fees, the end insert department shall take into
consideration any contract payment from the Health Care Financing
Administration for performance of inspections for Medicare
certification and shall reduce this fee accordingly.

(b) A local agency participating in a negotiated agreement
pursuant to Section 114990 shall be fully reimbursed for direct
and indirect costs based upon activities governed by Section
115085. With respect to these agreements, any salaries, benefits,
and other indirect costs shall not exceed comparable costs of the
department. begin delete Any changes in the frequency of inspections or the
level of reimbursement to local agencies made by this section or
Section 115085 during the 1985-86 Regular Session shall not
affect ongoing contracts. end delete

(c) The fees paid by persons possessing sources of ionizing
radiation shall be adjusted annually pursuant to Section 100425.

(d) The department shall establish two different registration fees
for mammography equipment pursuant to this section based upon
whether the equipment is accredited by an independent accrediting
agency recognized under the federal Mammography Quality
Standards Act (42 U.S.C. Sec. 263b).

(e) The department shall establish fees for followup inspections
related to the failure to correct violations of this chapter or
regulations adopted pursuant to this chapter. The fees established
by the department may be charged for each inspection visit.

begin insert

begin insert SEC. 8. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

Section 1505 of the Health and Safety Code is
amended to read:

1505.  

This chapter does not apply to any of the following:

(a) Any health facility, as defined by Section 1250.

(b) Any clinic, as defined by Section 1202.

(c) Any juvenile placement facility approved by the Department
of Corrections and Rehabilitation, Division of Juvenile Justice, or
any juvenile hall operated by a county.

(d) Any place in which a juvenile is judicially placed pursuant
to subdivision (a) of Section 727 of the Welfare and Institutions
Code.

(e) Any child day care facility, as defined in Section 1596.750.

(f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose
of providing facilities for the care or treatment of the sick who
depend upon prayer or spiritual means for healing in the practice
of the religion of the church or denomination.

(g) Any school dormitory or similar facility determined by the
department.

(h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element
of care as determined by the director.

(i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or
drug addiction where the facility provides no care or supervision.

(j) Any alcoholism or drug abuse recovery or treatment facility
as defined in Section 11834.02.

(k) Any arrangement for the receiving and care of persons by
a relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and occurs
only occasionally and irregularly, as defined by regulations of the
department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.

(l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved
according to subdivision (d) of Section 309 of the Welfare and
Institutions Code.

(2) Any home of a nonrelative extended family member, as
described in Section 362.7 of the Welfare and Institutions Code,
providing care to children who are placed by a juvenile court,
supervised by the county welfare or probation department, and the
placement of whom is approved according to subdivision (d) of
Section 309 of the Welfare and Institutions Code.

(3) On and after January 1, 2012, any supervised independent
living placement for nonminor dependents, as defined in
subdivision (w) of Section 11400 of the Welfare and Institutions
Code, who are placed by the juvenile court, supervised by the
county welfare department, probation department, Indian tribe,
consortium of tribes, or tribal organization that entered into an
agreement pursuant to Section 10553.1 of the Welfare and
Institutions Code, and whose placement is approved pursuant to
subdivision (k) of Section 11400 of the Welfare and Institutions
Code.

(4) A Transitional Housing Program-Plus, as defined in
subdivision (s) of Section 11400 of the Welfare and Institutions
Code, that serves only eligible former foster youth over 18 years
of age who have exited from the foster care system on or after their
18th birthday, and that has obtained certification from the
applicable county in accordance with subdivision (c) of Section
16522 of the Welfare and Institutions Code.

(m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the
Welfare and Institutions Code.

(n) (1) Any family home agency, family home, or family
teaching home as defined in Section 4689.1 of the Welfare and
Institutions Code, that is vendored by the State Department of
Developmental Services and that does any of the following:

(A) As a family home approved by a family home agency,
provides 24-hour care for one or two adults with developmental
disabilities in the residence of the family home provider or
providers and the family home provider or providers’ family, and
the provider is not licensed by the State Department of Social
Services or the State Department of Public Health or certified by
a licensee of the State Department of Social Services or the State
Department of Public Health.

(B) As a family teaching home approved by a family home
agency, provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the
State Department of Social Services or the State Department of
Public Health or certified by a licensee of the State Department of
Social Services or the State Department of Public Health.

(C) As a family home agency, engages in recruiting, approving,
and providing support to family homes.

(2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home
licensing category.

(o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (Chapter 21
(commencing with Section 1901) of Title 25 of the United States
Code) are placed and that is one of the following:

(1) An extended family member of the Indian child, as defined
in Section 1903 of Title 25 of the United States Code.

(2) A foster home that is licensed, approved, or specified by the
Indian child’s tribe pursuant to Section 1915 of Title 25 of the
United States Code.

(p) (1) (A) Any housing occupied by elderly or disabled
persons, or both, that is initially approved and operated under a
regulatory agreement pursuant to Section 202 of Public Law 86-372
(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625
(42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to
Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that
receives mortgage assistance pursuant to Section 221d (3) of Public
Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are
made available to residents at their option, as long as the project
owner or operator does not contract for or provide the supportive
services.

(B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42)
or that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383
(42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.

(2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.

(q) Overnight shelters for unaccompanied youth, as defined in
Section 11434a(6) of Title 42 of the United States Code, or
homeless youth, as defined in paragraph (2) of subdivision (e) of
Section 11139.3 of the Government Code.

(r) Any similar facility determined by the director.

end delete