BILL NUMBER: SB 201 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Romero
FEBRUARY 13, 2003
An act to add Chapter 6.68 (commencing with Section 25271) and
Chapter 6.69 (commencing with Section 25279) to Division 20 of, and
to repeal and add Chapter 5 (commencing with Section 114705) and
Chapter 8 (commencing with Section 114960) of Part 9 of Division 104
of, the Health and Safety Code, relating to radioactive materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 201, as introduced, Romero. Radioactive materials: transfer of
authority.
(1) The existing Radiation Control Law requires the State
Department of Health Services, among other things, to issue licenses
for using, manufacturing, producing, transferring, receiving,
acquiring, owning, or possessing radioactive materials, to register
and inspect sources of ionizing radiation, and to take specified
actions to enforce that law. Under existing law, the Southwestern
Low-Level Radioactive Waste Disposal Compact specifies that
California is required to host the regional low-level radioactive
waste disposal facility for the permanent isolation of low-level
radioactive waste.
Under existing law, the fees, penalties, interest earned, and
fines imposed under the Radiation Control Law and for the regulation
of nuclear medicine and radiologic technology are deposited in the
Radiation Control Fund in the State Treasury and the department is
authorized to expend the money in the fund, upon appropriation by the
Legislature, for the costs related to the enforcement of that law
and for certain provisions regulating radiologic technology and
nuclear medicine. A violation of the Radiation Control Law is a
crime.
This bill would repeal the Radiation Control Law and would enact
the Radioactive Materials Management Act, which would transfer the
authority of the State Department of Health Services under that law,
except as specified, to the Department of Toxic Substances Control.
The bill would establish the Radioactive Materials Control Fund in
the State Treasury, and would require all fees, penalties, interest
earned, and fines collected under the Radioactive Materials
Management Act be deposited in the fund, for expenditure by the
department, upon appropriation by the Legislature, to implement and
enforce that act.
The bill would also enact the Nuclear Medicine and Radiological
Materials Licensing Act and would authorize the State Department of
Health Services to regulate, under that act, radioactive materials or
sources of ionizing radiation that are located onsite at a health
care facility, as defined, or are used in the performance of nuclear
medicine technology. The bill would exclude, from the Nuclear
Medicine and Radiological Materials Licensing Act, those radioactive
materials or sources of ionizing radiation being transported to, or
transported offsite from, a health care facility or a location used
for the conduct of nuclear medicine technology or materials or
sources that are discarded, relinquished, abandoned, or otherwise
emitted into the air or discharged into the environment.
The bill would create the Nuclear Medicine and Radiological
Materials Control Fund in the State Treasury, and would require the
fees and penalties collected under the Nuclear Medicine and
Radiological Materials Licensing Act and under certain provisions
regulating radiologic technology and nuclear medicine be deposited in
the Nuclear Medicine and Radiological Materials Control Fund. The
bill would authorize the State Department of Health Services to
expend the money in the fund to implement and enforce the Nuclear
Medicine and Radiological Materials Licensing Act and those other
provisions.
(2) Existing law prohibits a person from burying, throwing away,
or in any manner disposing of radioactive wastes within the state
except in a manner and at locations that will result in no
significant radioactive contamination of the environment. Existing
law authorizes the State Department of Health Services, by written
order, to prohibit the disposal of radioactive wastes by any person
when, upon investigation, it has determined that the disposal
violates existing provisions concerning radioactive contamination.
Existing law also authorizes the State Department Health Services to
adopt and enforce regulations to promote the sate transportation of
radioactive materials
This bill would transfer the authority of the department in those
matters to the Department of Toxic Substances Control and would
reenact those provisions in the Radioactive Materials Management Act.
Because the bill would impose new penalties for a violations of
those requirements, the bill would impose a state-mandated local
program by creating new crimes.
The bill would require the Department of Toxic Substances Control
to adopt regulations establishing standards for the decontamination
and remediation of sites contaminated by nuclear waste, as defined.
(3) The bill would authorize the Department of Toxic Substances
Control to expend the unexpended balance of funds that are available
for expenditure by the State Department of Health Services for the
functions transferred by the bill.
The bill would transfer, to the Department of Toxic Substances
Control, all of the officers and employees of the State Department of
Health Services who are performing any duty, power, purpose,
responsibility, or jurisdiction that is transferred by the bill. The
bill would also transfer to the Department of Toxic Substances
Control specified records, licenses, permits, agreements, contracts,
claims, judgments, land, and other property, real or personal,
connected with the administration of, or held for the benefit or use
of, the State Department of Health Services with regard to the
functions of the State Department of Health Services transferred to
the Department of Toxic Substances Control by the bill.
(4) 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6.68 commencing with Section 25271) is added to
Division 20 of the Health and Safety Code to read:
CHAPTER 6.68. RADIOACTIVE MATERIALS MANAGEMENT ACT
Article 1. Findings and Definitions
25271. (a) The Legislature finds and declares that radioactive
contamination of the environment may subject the people of the State
of California to unnecessary exposure to ionizing radiation unless it
is properly controlled. It is, therefore, declared to be the policy
of this state that the department initiate and administer necessary
programs of surveillance and control of those activities that could
lead to the introduction of radioactive materials into the
environment.
(b) This chapter shall be known, and may be cited as, the
Radioactive Materials Management Act.
25271.5. For purposes of this chapter, except as provided in
Section 25274, the following definitions apply:
(a) "Department" means the Department of Toxic Substances Control
(b) "Environment" means all places outside the control of the
person responsible for the radioactive materials.
(c) "Field tracer study" is any project, experiment, or study that
includes provision for deliberate introduction of radioactive
material into the environment for experimental or test purposes.
(d) "Person" includes any association of persons, copartnership,
or corporation.
(e) "Radiation," or "ionizing radiation," means gamma rays and
X-rays; alpha and beta particles, high-speed electrons, neutrons,
protons, and other nuclear particles, but does not include sound or
radio waves, or visible, infrared, or ultraviolet light.
(f) "Radioactive material" means any material or combination of
materials that spontaneously emits ionizing radiation.
(g) "Radioactive waste" means any radioactive material that is
discarded as nonusable.
(h) "Significant" or "significantly," as applied to radioactive
contamination, means concentrations or amounts of radioactive
material that is likely to expose persons to ionizing radiation equal
to, or greater than, the guide levels published by the United States
Environmental Protection Agency.
(i) "Radiological monitoring" means the measurement of the amounts
and kinds of radioactive materials in the environment.
25271.6. This chapter does not apply to any radioactive material
or source of ionizing radiation that is regulated pursuant to Chapter
8 (commencing with Section 114960) of Part 9 of Division 104.
Article 2. Control of Radioactive Contamination of the
Environment
25272. (a) A person may not bury, throw away, or in any manner
dispose of, radioactive wastes within the state except in a manner
and at locations that will result in no significant radioactive
contamination of the environment.
(b) The department may, by written order, prohibit the disposal of
radioactive wastes by any person when, upon investigation, the
department determines that the disposal violates subdivision (a)
(c) The department may, by written order, prohibit the storage,
packaging, transporting, or loading of radioactive wastes if there is
a reasonable likelihood that the activities will result in
significant radioactive contamination of the environment.
25272.1. (a) A person to whom an order has been issued pursuant
to subdivision (b) or (c) of Section 25272 may appeal the order of
the department to any court of competent jurisdiction.
(b) The department may commence an action in a court of competent
jurisdiction to enjoin the storage, packaging, transporting, loading,
or disposal of radioactive wastes in violation of any written order
issued by the department pursuant to subdivision (b) or (c) of
Section 25273. The court may, if it appears necessary, enjoin any
person from using radioactive material who thereby produces
radioactive waste that the court finds is being disposed of in
violation of this article.
25272.2. (a) The department shall maintain surveillance over the
storage, packaging, transporting, and loading of radioactive material
within this state regardless of the material's ultimate destination.
(b) In carrying out its duties under this section, the department
may enter into an agreement with the Division of Occupational Safety
and Health and other state and local agencies to conduct any
appropriate inspection and enforcement activities. Any agreement
with state and local agencies shall not duplicate work to be done
pursuant to agreement with the Division of Occupational Safety and
Health, and any work done by the Division of Occupational Safety and
Health shall not duplicate work agreed to be done by other state and
local agencies.
(c) This section does not apply to any licensee of the Nuclear
Regulatory Commission or any facility of the Department of Energy or
the Department of Defense.
25272.3. (a) No person may operate a nuclear reactor, nuclear
fuel reprocessing plant, or other installation, as defined by the
department, that could, as a result of routine operations, accident,
or negligence, significantly contaminate the environment with
radioactive material, without first instituting and maintaining an
adequate program of radiological monitoring. The proposed program
shall be submitted to the department for review and acceptance as to
its adequacy.
(b) No person may conduct any field tracer study unless detailed
plans of the study have been approved by the department. In
reviewing proposed field tracer studies, the department shall
consider at least all of the following elements:
(1) There is shown to be a substantial public interest in the
information intended to be obtained by the study.
(2) The study will be performed by persons or agencies competent
to handle and use the radioactive material safely and with due regard
for potential effects on public health.
(3) The study is planned so as to impose the least possible
exposure to ionizing radiation consistent with achieving the study's
desired objectives.
(4) There is no likelihood that any person will be exposed to
ionizing radiation in excess of guide levels published by the United
States Environmental Protection Agency
(c) The department may, as a condition to its approval of a field
tracer study, require a representative of the department to be
present during the study.
25272.5. (a) The department shall monitor radioactive materials
in the environment, including radioactive materials in media such as
air, milk, food, and water in locations and with a frequency as the
department may deem necessary to determine radiation exposure to the
people of the state from radioactive materials.
(b) The department shall, at least once each month, make public to
news media the results of its monitoring of radioactive materials.
25272.6. The department shall review any regulation relating to
radioactive materials cargo, including, but not limited to, packing,
marking, loading, handling, and transportation, and make the
regulation compatible with the federal regulations adopted pursuant
to the federal Department of Transportation Docket No. HM-164, Notice
No. 80-1, within 60 days of the date the federal regulations become
effective.
25272.7. The department, utilizing available funds and in
cooperation with the Department of Fish and Game and the Joint
Committee on Fisheries and Aquaculture, shall do all of the
following:
(a) Cooperate with any federal agency that conducts monitoring of
marine life or ocean waters, or both, at the sites of radioactive
waste dumping off the California coast to determine the effects of
the dumping.
(b) Purchase and test samples of seafood taken in the vicinity of
the Farallon Islands radioactive waste dump site to determine whether
the seafood contains radioactivity beyond natural and artificial
background levels.
(c) Make annual reports to the Legislature on the implementation
of this section, including any recommendations for legislation it
deems necessary to protect the health of Californians.
(d) Request the State Department of Health Services to take
emergency action pursuant to the general authority contained in the
Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section
109875) of Division 104) to prohibit the commercial sale of seafood
for human consumption if, in the judgment of the State Director of
Health Services, samples analyzed pursuant to subdivision (b), are
found to contain radioactivity that poses a threat to human health.
25272.8. (a) The Legislature finds and declares that the dumping
of radioactive waste, including the scuttling of radioactive nuclear
submarines, into the Pacific Ocean, could adversely affect the
California coastal zone.
(b) The California Coastal Commission, in cooperation when
appropriate with the department, the Department of Justice, the
Department of Fish and Game, and the Joint Committee on Fisheries and
Aquaculture, shall use any means available to the commission,
pursuant to law, to prevent any dumping of radioactive waste in the
Pacific Ocean by any public or private entity, unless the commission
finds that the dumping would be consistent with the goals and
policies of Division 20 (commencing with Section 30000) of the Public
Resources Code.
Article 3. Transportation of Radioactive Materials
25273. (a) The department, with the assistance of the Office of
Emergency Services, the State Energy Resources Conservation and
Development Commission, and the Department of the California Highway
Patrol, shall extend the nuclear threat emergency response plan to
include radioactive materials in transit and provide training for law
enforcement officers in dealing with those threats.
(b) The department, in cooperation with the Department of the
California Highway Patrol, shall adopt reasonable regulations that,
in the judgment of the department, promote the safe transportation of
radioactive materials, in accordance with Section 25272.6 and
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The regulations shall do all of
the following:
(1) Prescribe the use of signs designating radioactive material
cargo and designate, in accordance with the results of any studies
done pursuant to former subdivision (a) of Section 114820, as that
section read on January 1, 2003, the manner in which the shipper
shall give notice of the shipment to appropriate authorities.
(2) Prescribe the packing, marking, loading, and handling of
radioactive materials, and the precautions necessary to determine
whether the material when offered is in proper condition to
transport, excluding the equipment and operation of the carrier
vehicle.
(3) Be reviewed and amended, as required, pursuant to Section
25272.6.
(c) The department shall adopt and amend the regulations required
by subdivision (b) in a manner compatible with those established by
the federal agency or agencies required or permitted by federal law
to establish the regulations.
(d) In accordance with Section 25272.6. the Department of the
California Highway Patrol, after consulting with the department,
shall adopt regulations specifying the time at which shipments may
occur and the routes that are to be used in the transportation of
cargoes of hazardous radioactive materials, as those materials are
defined in regulations of the department.
25273.1. The regulations adopted by the department pursuant to
Section 25273 may be enforced by any of the following:
(a) Any authorized representative of the department.
(b) The Division of Industrial Safety of the Department of
Industrial Relations.
(c) The Public Utilities Commission.
(d) The health department of any city or county.
(e) The Department of the California Highway Patrol.
(f) Any traffic officer, as defined by Section 625 of the Vehicle
Code.
25273.2. It is the intention of the Legislature, in enacting this
article that the regulations adopted by the department pursuant to
this article shall apply uniformly throughout the state, and that no
state agency, city, county, or other political subdivision of this
state, including a chartered city or county, may adopt or enforce any
ordinance or regulation that is inconsistent with the regulations
adopted by the department pursuant to this article.
25273.3. A violation of any regulation adopted by the department
pursuant to this article shall be punishable pursuant to Article 9
(commencing with Section 25278).
Article 4. Radioactive Materials Licensing and Inspection
25274. Notwithstanding Section 25272, for purposes of this
article and Article 5 (commencing with Section 25275), Article 6
(commencing with Section 25276), Article 7 (commencing with Section
25277), Article 8 (commencing with 25277.4), Article 9 (commencing
with Section 25278), and Article 10 (Commencing with Section
25278.9), the following definitions shall apply:
(a) "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.
(b) "Department" means the Department of Toxic Substances Control.
(c) "Decontamination," means the reduction of the level of
contamination from radioactive material to the level that the
department determines is reasonably necessary to eliminate the hazard
to public health that is caused by the contamination of any object,
building, structure, or premises
(d) "Director" means the Director of Toxic Substances Control.
(e) "Federal research and development activity" means any activity
of the Secretary of Energy conducted at any research facility owned
or operated by the United States Department of Energy.
(f) "General license" means a license, issued pursuant to the
regulations adopted by the department, that is 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 radioactive material.
(g) "Ionizing radiation" means gamma rays and X-rays; alpha and
beta particles, high-speed electrons, neutrons, protons, and other
nuclear particles; but not include sound or radio waves, or visible,
infrared, or ultraviolet light.
(h) "Low-level radioactive waste" means radioactive waste not
classified as high-level radioactive waste, transuranic waste, spent
nuclear fuel, or the byproduct material, as 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 any waste containing more than 100
nanocuries of alpha emitting transuranic nuclides with half-life
greater than five years per gram of waste material
(i) "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
thereto, 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.
(j) "Registration" means the reporting of possession of a source
of radiation and the furnishing of information with respect thereto,
in accordance with Section 25274.5.
(k) "Secretary" means the Secretary of the Environmental
Protection Agency.
(l) "Source material" means any of the following:
(m) (1) Uranium, thorium, or any other material which the
department declares by rule to be source material after the United
States Nuclear Regulatory Commission, or any successor thereto, has
determined the material to be source material.
(2) Ores containing one or more of the materials specified in
paragraph (1), in a concentration that the department declares by
regulation to be source material after the United States Nuclear
Regulatory Commission, or any successor thereto, has determined the
material in that concentration to be source material.
(n) "Special nuclear material" means any of the following:
(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or
in the isotope 235, and any other material that the department
declares by regulation to be special nuclear material after the
United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material to be special nuclear material.
(2) Any material artificially enriched by any of the material
specified in paragraph (1), not including source material.
(o) "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.
25274.1. (a) It is the policy of the State of California, in
furtherance of its responsibility to protect the public health and
safety, to institute and maintain a regulatory program for sources of
ionizing radiation so as to provide for all of the following:
(1) Compatibility with the standards and regulatory programs of
the federal government.
(2) An integrated effective system of regulation within the state.
(3) A system consonant insofar as possible with those of other
states.
(b) It is the purpose of this chapter to effectuate the policies
set forth in subdivision (a) by providing for programs to do all of
the following:
(1) Effectively regulate sources of ionizing radiation for the
protection of the occupational and public health and safety.
(2) Promote an orderly regulatory pattern within the state, among
the states, and between the federal government and the state, and
facilitate intergovernmental cooperation with respect to use and
regulation of sources of ionizing radiation to the end that
duplication of regulation may be minimized.
(3) Establish procedures for assumption and performance of certain
regulatory responsibilities with respect to byproduct, source, and
special nuclear materials.
(4) Permit maximum utilization of sources of ionizing radiation
consistent with the health and safety of the public.
(c) The department shall, for the protection of public health and
safety do all of the following:
(1) Develop programs for evaluation of hazards associated with use
of sources of ionizing radiation.
(2) Develop programs, with due regard for compatibility with
federal programs, for licensing and regulation of byproduct, source,
and special nuclear materials, and other radioactive materials.
(3) Except as provided in Section 18930, adopt regulations
relating to control of other sources of ionizing radiation.
(4) Issue any regulations that may be necessary in connection with
proceedings under this article.
(5) Collect and disseminate information relating to control of
sources of ionizing radiation, including all of the following:
(A) Maintenance of a file of all license applications, issuances,
denials, amendments, transfers, renewals, modifications, suspensions,
and revocations.
(B) Maintenance of a file of all regulations relating to
regulation of sources of ionizing radiation, pending or adopted, and
proceedings thereon.
(C) Disseminate information regarding the evaluation of hazards
associated with the use of sources of ionizing radiation.
(d) This chapter does not prohibit the Division of Occupational
Safety and Health from adopting and enforcing regulations relating to
matters within its jurisdiction consistent with, in furtherance of,
and designed to implement this chapter and the regulations adopted
pursuant to this chapter.
25274.2. The department shall adopt all regulations pursuant to
this chapter in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
Section 114920 of this code.
25274.3. The Radioactive Materials Control Fund is hereby
established in the State Treasury. All moneys, including fees,
penalties, interest earned, and fines collected under this chapter
and the regulations adopted pursuant to this chapter shall be
deposited in the Radioactive Materials Control Fund and may be
expended by the department, upon appropriation by the Legislature, to
implement and enforce this chapter. In addition to any moneys
collected by, or on behalf of, the department for deposit in the
Radioactive Materials Control Fund, notwithstanding Section 16475 of
the Government Code, all interest earned by the fund shall be
deposited in the fund.
25274.4. (a) The department is designated as the agency
responsible for the issuance of licenses. In carrying out its duties
under this section, the department may enter into an agreement with
the Division of Occupational Safety and Health and other state and
local agencies to conduct technical evaluations of license
applications prior to issuance of licenses. The agreements shall
also include provisions for conducting inspections pursuant to
Section 25274.10.
(b) The authority of the department to issue licenses pursuant to
subdivision (a) is not affected by any requirements to conduct
studies or planning efforts specified in Section 25275.1.
25274.5. (a) The department shall provide by regulation for
general or specific licensing of persons to receive, possess, or
transfer radioactive materials, or devices or equipment utilizing
these materials. The regulations shall provide for 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 if the department
finds 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) The department may provide, in the regulations adopted
pursuant to this chapter, for recognition of other state or federal
licenses that the department may deem desirable, subject to the
registration requirements that the department may prescribe.
25274.6. (a) Notwithstanding Section 6103 of the Government Code,
the department shall adopt regulations establishing a schedule of
the fees that shall be paid by all of the following persons:
(1) A person possessing radioactive materials under a license
issued by the department or under another state or federal license
for the use of radioactive materials, if the person uses these
radioactive materials in the state in accordance with the regulations
adopted pursuant to subdivision (d) of Section 25274.5.
(2) A person generally licensed for the use of a device or
equipment utilizing radioactive materials that is designed and
manufactured for the purpose of detecting, measuring, gauging, or
controlling thickness, density, level, interface location, radiation,
leakage, or qualitative or quantitative chemical composition, or for
producing light or an ionized atmosphere, if the device or equipment
is manufactured pursuant to a specific license authorizing
distribution to general licensees.
(b) The revenues derived from the fees imposed pursuant to
subdivision (a) shall be used, together with other funds made
available therefor, for the purpose of the issuance of licenses or
the inspection and regulation of the licensees.
(c) The department may adopt emergency regulations pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code to establish and adjust the fees
for radioactive materials licenses in an amount to produce estimated
revenues equal to at least 95 percent of the department's costs in
carrying out the licensing requirements specified in subdivision (a),
if the new fees remain in effect throughout the fiscal year for
which the fee is established or adjusted.
(d) A local agency participating in a negotiated agreement
pursuant to Section 25274.4 shall be fully reimbursed for direct and
indirect costs based upon activities governed by Section 25274.9.
With respect to these agreements, any salaries, benefits, and other
indirect costs shall not exceed comparable costs of the department.
(e) The fees for licenses for radioactive materials and of devices
and equipment utilizing those materials shall be adjusted annually
in the same manner as the fees are adjusted pursuant to Section
100425.1
25274.7. In addition to the annual adjustment of the fees
authorized by this chapter pursuant to subdivision (e) of Section
25274.6, the director may adopt emergency regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, to establish and adjust
these fees, and for purposes of that chapter, including Section
11349.6 of the Government Code, an adoption of these regulations is
an emergency and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of the public peace,
health and safety, and general welfare.
25274.8. The frequency of inspections of radioactive materials
shall be based on priorities established by the United States Nuclear
Regulatory Commission.
25274.9. (a)
Notwithstanding Section 6103 of the Government Code, the department
shall adopt regulations that rank the order of priority for
inspection, as determined by the degree of potentially damaging
exposure of persons by ionizing radiation and the requirements of
subdivision (d), 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
subdivision (b) of Section 25274.5, and the regulations adopted
pursuant to those provisions. The department may expend the revenues
derived from the fees, together with other funds made available
therefor, for the purpose of carrying out any inspections of the
sources of ionizing radiation required by this chapter or regulations
adopted pursuant to this chapter. The department shall set the
fees, together with any other funds made available to the department,
in the amount sufficient to cover the costs of administering this
chapter, and shall set the fee in amounts intended to cover the costs
of administering this chapter for each priority source of ionizing
radiation. The revenues generated by the fees shall not offset any
general funds appropriated for the support of the radiologic programs
authorized pursuant to this chapter. Any person who pays fees shall
not be required to pay, directly or indirectly, for the share of the
costs of administering this chapter for those persons for whom fees
are waived.
(b) A local agency participating in a negotiated agreement
pursuant to Section 25274.4 shall be fully reimbursed for direct and
indirect costs based upon activities governed by subdivision (d).
With respect to these agreements, any salaries, benefits, and other
indirect costs shall not exceed comparable costs of the department.
Any changes in the frequency of inspections or the level of
reimbursement to local agencies made by this section during the
2003-04 Regular Session of the Legislature shall not affect any
ongoing contracts.
(c) The fees paid by persons possessing sources of ionizing
radiation shall be adjusted annually in the same manner as other fees
are adjusted pursuant to Section 100425.
(d) The average inspection frequency for ionizing radiation
machines shall be once every three years for high-priorty sources of
ionizing radiation and once every four and one-half years for medium
priority sources.
25274.10. (a) Any officer, employee, or agent of the department
or of any state or local agency with which an agreement has been made
pursuant to Section 25274.4 may enter at all reasonable times upon
any private or public property within the jurisdiction of the agency
for the purpose of determining whether or not there is compliance
with or violation of this chapter, building standards published in
the State Building Standards Code relating to buildings in which
there are sources of ionizing radiation, or of the regulations
adopted pursuant to this chapter, and the owner, occupant, or person
in charge of the property shall permit that entry and inspection.
(b) An officer, employee, or agent specified in subdivision (a)
may enter into areas under the jurisdiction of the federal government
only with the concurrence of the federal government or its duly
designated representative.
25274.11. (a) The department, on behalf of this state, may enter
into an agreement or agreements with the federal government, other
states, or interstate agencies, whereby this state will perform on a
cooperative basis with the federal government, other states, or
interstate agencies, inspections or other functions relating to
control of sources of ionizing radiation.
(b) The department and any other appropriate state agency may
institute training programs for the purpose of qualifying personnel
to carry out this chapter, and may make those personnel available for
participation in any program or programs of the federal government,
other states, or interstate agencies in furtherance of the purposes
of this chapter.
(c) Any ordinances, resolutions or regulations, now or hereafter
in effect, of the governing body of a city or county relating to
radioactive materials or other sources of radiation shall not be
superseded by this chapter, if the ordinances or regulations are and
continue to be consistent with this chapter, amendments thereto, and
the regulations adopted pursuant to this chapter.
(d) A city or county may not require the payment of a fee in
connection with the activities governed by Section 25274.6 when a fee
is required by the regulations adopted pursuant to that section, and
a city or county may not require the payment of a fee in connection
with the activities governed by Section 25274.9 when a fee is
required by the regulations adopted pursuant to that section.
25274.12. In determining whether to grant, deny, amend, revoke,
suspend, or restrict a certification, registration, or license, the
department may consider those aspects of a person's background that,
in its judgment, bear materially on that person's ability to fulfill
her or his obligations, including, but not limited to, technical
competency and her or his current or prior record in areas involving
ionizing radiation.
25274.13. The department shall require a licensee or an applicant
for a license pursuant to Section 25274.5 to receive, possess, or
transfer radioactive materials, or devices or equipment utilizing
radioactive materials, to provide a financial surety to ensure
performance of its obligations under this chapter. The department
shall establish, by regulation, the amount and type of financial
surety that is required to be provided to provide for maximum
protection of the public health and safety and the environment. The
financial surety shall be in the form of surety bonds, deposits of
government securities, escrow accounts, lines of credit, trust funds,
credit insurance, or any other equivalent financial surety
arrangement acceptable to the department. The department shall adopt
the regulations in accordance with, but not limited to, all of the
following criteria:
(a) Consideration of the need for, and scope of, any
decontamination, decommissioning, reclamation, or disposal activities
required to protect the public health and safety and the
environment.
(b) Estimates of the costs of the required decontamination,
decommissioning, reclamation, or disposal.
(c) The costs of long-term maintenance and surveillance, if
required.
(d) Consideration of the appropriateness of specific requirements
imposed in the financial assurance regulations adopted by the Nuclear
Regulatory Commission, including, but not limited to, the minimum
levels of financial assurance required to be provided by different
categories of facilities, and the categories of facilities that are
exempted from the requirement to provide a financial surety.
25274.14. (a) The department shall deposit all money received
from a financial surety provided pursuant to Section 27274.13 in the
Financial Surety Account, which is hereby created in the Radioactive
Materials Control Fund.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the Financial Surety Account is hereby continuously
appropriated to the department for expenditure only for the
decontamination, decommissioning, reclamation, and disposal of
radioactive materials, and for long-term maintenance and surveillance
for the protection of the public health and safety and the
environment, in accordance with subdivision (e), with regard to the
facility or operations of the licensee who provided the financial
surety.
(c) The department may not expend the money in the Financial
Surety Account for normal operating expenses of the department.
(d) The department shall, by regulation, establish a procedure
whereby a licensee may be refunded the amount of the financial surety
provided by the licensee in excess of any amounts expended by the
department and any amounts that are required to be retained to cover
the costs of long-term maintenance and surveillance pursuant to
subdivision (b), with regard to that licensee's facility or
operations. The regulations shall specify that the refund may be
received only after the department has determined that the licensee
has fully satisfied all of its obligations under its license, and all
other obligations which the regulations require to be satisfied
before the licensee may receive a refund.
(e) If the department finds that a radioactive materials licensee
is unable to, or is unwilling to, conduct any decontamination,
decommissioning, reclamation, disposal, or long-term maintenance and
surveillance that may be necessary, the department shall issue an
order directing any action and corrective measures it finds necessary
to protect the public health and safety and the environment. The
department may undertake, or contract for the undertaking of, any
actions or corrective measures which the licensee fails to
satisfactorily complete, and may expend the amount of the financial
surety provided by the licensee to pay the costs of those actions and
corrective measures.
25274.15. (a) The department shall require, as a condition of
issuing a license to receive, possess, or transfer radioactive
materials, or devices or equipment utilizing radioactive materials,
that the licensee take corrective action with regard to all
contamination that results from the handling, use, storage, or
transportation of radioactive materials at the licensee's facility
regardless of when the contamination commenced at the facility.
(b) Any corrective action required pursuant to this section shall
require that corrective action be taken beyond the facility boundary
if necessary to protect human health and safety or the environment,
unless the licensee demonstrates to the satisfaction of the
department that, despite the licensee's best efforts, the licensee is
unable to obtain the necessary permission to undertake the
corrective action.
(c) When corrective action cannot be completed prior to issuance
of the license, the license shall contain schedules of compliance for
corrective action and assurances of financial responsibility for
completing the corrective action.
Article 5. Low-Level Radioactive Waste
25275. (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 which otherwise results in the creation or
increase in the volume of, low-level radioactive waste.
(2) (A) "Generator" means any 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 25276.1.
(7) "Class" means the class of low-level radioactive waste.
"class A," "class B," 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 6 (commencing with Section 25276).
(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, which shall meet all of the
following conditions:
(1) 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 such broker or agent to each licensed LLRW
disposal facility.
(F) The weight of source material by its type. For purposes of
this paragraph, "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 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.
(1) 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 (4) 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.
25275.1. In addition to the requirements imposed by Section
25274.1, the department shall develop an overall plan, in
consultation with other state, regional, and federal agencies, for
the management, treatment, and disposal of low-level radioactive
waste generated within California. The plan shall contain, at a
minimum, all of the following elements:
(a) Specific contingency plans to address the needs of the state
for the short-term storage of low-level radioactive waste in the
event of a precipitous closure of existing out-of-state commercial
waste disposal facilities and to evaluate feasible alternatives for
meeting the state's needs. This element of the plan shall include,
but is not limited to, all of the following factors:
(1) The amount and kinds of low-level radioactive waste generated
by California licensees and current disposal locations.
(2) The size and nature of an interim storage facility required to
meet California's interim low-level radioactive waste disposal
needs.
(3) The cost of developing and operating an interim storage site
by the department or contracting organizations.
(4) Criteria for the siting of an interim storage site, including,
but not limited to, all of the following:
(A) Proximity to population.
(B) Geologic stability.
(C) Proximity to ground or surface water.
(D) Availability of transportation.
(E) General public health and economic considerations. This
element of the plan shall be completed and submitted to the
appropriate committees of each house of the Legislature on or before
December 31, 1982.
(b) A classification scheme for the separation of low-level waste
that will facilitate the management, treatment, storage, and ultimate
disposal of the waste. This classification scheme shall consider
the matters as possible de minimus radiation levels for specific
radionuclides, the quantity and specific activity of the material,
its persistence, toxicity, chemical form, reactivity, and the
principal radionuclides present. The classification scheme shall
also include the specifications necessary to determine which classes
of waste may or may not be accepted for storage in an interim storage
facility established pursuant to Section 25275.10, that may or may
not be held by the licensee for decay to specified residual
radioactivity levels and that require long-term isolation from the
environment, as the case may be, for the protection of the public
health and safety. The department may require as a condition of
licensure the submission of information necessary to determine the
total amount of waste produced in each class of the classification
scheme. The department may, by regulation, adopt the classification
scheme establishing which wastes may or may not be accepted at an
interim storage facility or at a treatment or disposal facility.
This element of the plan shall be completed and submitted to the
appropriate committees of each house of the Legislature on or before
December 31, 1982.
(c) Siting criteria for potential land burial disposal sites and
treatment facilities within the state. In establishing these
criteria, the department shall consider the following factors,
including, but not limited to:
(1) The present and projected future uses of land, water, and
natural resources.
(2) The proximity of the site to major population centers.
(3) The presence of active earthquake faults.
(4) Geologic and other natural barriers which protect against
surface or groundwater contamination.
(5) The effectiveness of engineered barriers, waste treatment, and
waste packaging in ensuring isolation of the waste from the
environment.
(6) Transportation of radioactive materials as it relates to
public health and safety.
(7) The relative economic impact of location and operation of
treatment or disposal facilities. This element of the plan shall be
completed and submitted to the appropriate committees of each house
of the Legislature on or before December 31, 1982.
(d) A plan of action to minimize the environmental, occupational,
and public health impact of low-level radioactive waste and to
protect the public health and safety by encouraging a reduction in
the amount and toxicity of waste produced. This activity shall
include conducting or having studies conducted that evaluate the
technical and economic feasibility of (1) reducing the volume,
reactivity, and chemical and radioactive hazard of the waste, (2)
cleaning contaminated, nonactivated metals and other materials to
permit their recycle and reuse, and (3) substituting nonradioactive
or short-lived radioactive materials for those radionuclides that
require long-term isolation from the environment. The results of
these studies, along with the departmental recommendations for their
implementation, shall be reported by the department to the
appropriate committees of the Legislature on or before December 31,
1983.
(e) Within six months after September 28, 1983, the Governor shall
direct the appropriate state agency or agencies, as determined by
the Governor, to conduct and complete a study that identifies those
regions of the state within which it is likely the criteria developed
pursuant to subdivision (c) could be met. The state agency or
agencies, so directed, may also request, when appropriate, the
assistance of state or federal agencies or private organizations.
25275.2. (a) The department shall not grant any license to
receive radioactive material from other persons for disposal on land
unless all of the following requirements are satisfied:
(1) The land on which the radioactive wastes are to be buried is
owned by the federal or state government.
(2) The department determines that the site is consistent with the
public health and safety.
(3) The applicant for the license will comply with the emergency
regulations adopted by the department pursuant to subdivision (b).
(b) On or before March 28, 1984, the department shall adopt
emergency regulations for the licensing of those persons engaged in
the disposal of low-level radioactive waste and for implementing this
section and Sections 25275.4, 25275.5, and 25275.6.
The emergency regulations shall be consistent with the federal
regulations found in Sections 301 through 311, inclusive, of Part 20
of Title 10 and in Part 61 of Title 10 of the Code of Federal
Regulations (Federal Register, Vol. 47, No. 28, page 57446, December
27, 1982) and shall be adopted solely for the purposes of clarifying
and rendering specific, for application in California, these federal
regulations and implementing this section and Sections 25275.4,
25275.5, and 25275.6.
(c) The emergency regulations specified in subdivision (b) shall
be adopted by the department in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any emergency
regulations adopted by the department pursuant to this subdivision
shall not be repealed by the Office of Administrative Law and shall
remain in effect until revised or repealed by the department.
(d) The department may, by emergency regulation adopted in
accordance with subdivision (c), establish and collect a fee for the
issuance or renewal of a license specified in subdivision (a).
25275.3. The department shall, by regulation, establish and
collect a fee for the issuance or renewal of a license to dispose of
low-level radioactive waste pursuant to
this article. The fees collected shall be sufficient to
cover the state's cost in reviewing the application, issuing or
renewing the license, and inspecting and conducting oversight of the
licensee.
25275.4. The department may limit the number of licenses issued
pursuant to Sections 25274.4, 25275.2, and 25275.5 authorizing the
receipt of radioactive material from other persons for disposal on
land.
25275.5. (a) All applicants filing a statement of capabilities
and notice of intention to file an application for a license to
receive radioactive materials from other persons for disposal on land
shall file the statement and notice within three months after the
department adopts the emergency regulations specified in subdivision
(b) of Section 25275.2. Within 45 days after the termination of that
three-month filing period, the department shall evaluate the
statements of capabilities and notices of intent. The director shall
determine, within that 45-day period, whether the department has
received one or more statements and notices that are likely to result
in the filing of an application for a license satisfying the
requirements of Section 25275.2.
(b) If the director determines, within the 45-day period specified
in subdivision (a), that the department has received one or more
statements of capabilities and notices of intent which are likely to
result in the filing of an application for a license, the department
shall, within the 45-day period, select one of the applicants who
filed the statement of capabilities and notice of intent to file a
license application as a license designee.
(c) The department shall adopt emergency regulations establishing
procedures for the review and evaluation of the statements of
capabilities and notices of intent, as specified in subdivision (a),
and for the selection of a license designee, as specified in
subdivision (b). These emergency regulations shall be adopted by the
department in accordance with subdivision (c) of Section 25275.2 and
shall include procedures for soliciting, evaluating, ranking, and
designating license designees and for selecting alternative license
designees based upon the ranking.
(d) The department may solicit additional statements of
capabilities and notices of intent if a license designee withdraws or
becomes ineligible for licensing, or if a license is issued and is
then suspended, revoked, or terminated.
(e) The department may, by emergency regulations adopted in
accordance with subdivision (c) of Section 25275.2, establish and
collect a fee for filing a statement of capabilities and notice of
intent.
(f) The department may require that a person selected as a license
designee pursuant to this section post a bond of up to one million
dollars ($1,000,000) to guarantee that the person will carry out the
activities connected with completing the license application and
obtaining the license. The department shall, by emergency regulation
adopted in accordance with subdivision (c) of Section 25275.2
establish standards for the forfeiture of the bond.
25275.6. (a) If, within 45 days after the termination of the
three-month filing period specified in subdivision (a) of Section
25275.5, the director determines that the department has not received
a statement of capabilities and a notice of intent to file an
application for a license to receive radioactive materials from other
persons for disposal on land that is likely to result in the filing
of an application that satisfies the requirements of Section 25275.2,
the director shall notify the secretary.
(b) Within one year after receiving the notification specified in
subdivision (a), the secretary shall file with the department an
application for a license to receive radioactive materials from other
persons for disposal on land at a site within a region identified
pursuant to subdivision (e) of Section 25275.1, and that is owned,
operated, or both, by the state.
(c) (1) Upon the request of the Environmental Protection Agency,
the Director of Finance may provide a loan from the General Fund to
the Environmental Protection Agency for the purposes of implementing
this section. The Environmental Protection Agency shall repay any
loans made pursuant to this section pursuant to the terms and
conditions prescribed by the Department of Finance, including
interest at the rate set by the Pooled Money Investment Board
pursuant to Section 16314 of the Government Code.
(2) The Director of Finance shall not provide more than two
million dollars ($2,000,000) pursuant to this subdivision during the
1983-84 fiscal year. The amount for loans in the 1984-85 fiscal
year, and subsequent fiscal years, shall be specified annually in the
Budget Act and the total of all loans made pursuant to this
subdivision shall not exceed fifteen million dollars ($15,000,000).
(d) If a radioactive materials disposal site that is owned,
operated, or both, by the state is established pursuant to this
section, the secretary shall establish a schedule of fees to be
charged each person who disposes of radioactive materials at the
site. The schedule of fees shall be set at an amount sufficient to
reimburse the state for any costs incurred in developing,
constructing, and operating the site.
25275.7. The department may require that all schedules of fees
charged for the disposal of radioactive material by a person owning
or operating a site licensed pursuant to Section 25275.2. are to be
submitted to the department prior to their implementation. The
department may determine, following a public hearing and based upon
written findings, if the fees to be charged are reasonable and may
require the owner or operator to modify the fee schedule if so
determined by the department.
25275.8. (a) The license designee shall file periodic financial
reports with the department as directed by the department. These
reports shall provide detailed information on past and projected
expenditures for development and operation of the low-level
radioactive waste disposal site according to progammatic function,
including, but not limited to, all of the following:
(1) Program management.
(2) Candidate sites selection.
(3) Site characterization.
(4) Environmental.
(5) Public and agency involvement.
(6) Licensing and permitting.
(7) Site development.
(8) Land acquisition.
(9) Financing.
(10) Operations.
(b) The license designee shall file reports with the department,
as directed by the department, that identify, quantify, and explain
major causes of actual and projected cost overruns and cost underruns
with regard to the cost projections provided in the statement of
capabilities and notice of intent.
(c) The Legislature finds and declares that the purpose of this
section is to identify minimum financial reporting requirements for
the costs of developing and operating the state's low-level
radioactive waste disposal facility. This section does not limit the
authority of the department to require the license designee to
furnish any additional information that the department determines to
be necessary to fulfill its duties under this chapter, including
Section 25275.7.
25275.9. (a) The department may, pursuant to subdivision (d),
establish and operate, or contract for the establishment and contract
for operation, of one or more low-level radioactive waste interim
storage facilities for the exclusive use of persons located in
California who are licensed by the department or the United States
Nuclear Regulatory Commission.
(b) In addition to the fees authorized to be levied pursuant to
Section 25274.6, the department may set and collect fees by
regulation, to be paid by generators in California of low-level
radioactive waste in an amount sufficient to support the development
and operation of the facilities including the surveillance and repair
of damaged packages, maintenance of the facilities, decontamination,
decommissioning, and postclosure maintenance of these facilities,
recordkeeping systems, and other activities as the department finds
necessary to ensure the safe operation of such a facility. The
department shall not set any fee in an amount that exceeds the amount
reasonably necessary to implement this section. The department may
also require the operators or the users of the facilities to post
bonds or possess adequate insurance as may be reasonably necessary to
protect the state against such liabilities as storage and ultimate
disposal costs for abandoned waste and against claims arising out of
accidents or failures of the storage facility.
(c) A user of any facility operated pursuant to this section shall
meet state and federal orders, requirements, or regulations for
handling and management of low-level radioactive waste including
those prescribed pursuant to subdivision (b) of Section 25275.1.
(d) No low-level radioactive waste interim storage facility may be
established pursuant to subdivision (a) until all of the following
occurs:
(1) The department has fulfilled the requirements of subdivisions
(a) and (b) of Section 25275.8, and has submitted its findings to the
Legislature.
(2) The establishment of the interim storage facility is
consistent with the elements of the low-level radioactive waste
disposal plan specified in subdivisions (a) and (b) of Section
25275.1.
(3) The department files a notice with the Legislature, while in
session, 60 days before establishing the facility.
(e) In addition to any other grounds authorizing the department,
or any person with whom it contracts, to cease the operation of a
low-level radioactive waste interim storage facility, the facility
shall cease accepting low-level radioactive waste for interim storage
(1) no later than five years after the date it commences operating
or (2) if the director determines that an alternate disposal site is
available to California licensees in the western region of the United
States, whichever event occurs first.
(f) Within seven years of commencing operation of any interim
storage facility all wastes stored at the facility shall be
transferred to a permanent land burial disposal site or permanently
disposed of by some other treatment or means of disposal and the
facility shall be closed and thereafter, to the extent necessary, as
determined by the department, decontaminated and decommissioned.
(g) The authority granted by this section shall remain operative
for a period of eight years from the date of the establishment of a
low-level radioactive waste interim storage facility pursuant to this
section. The director shall report the date the facility is
established to the appropriate committees of each house of the
Legislature and the Legislative Counsel Bureau.
25275.10. The Governor shall negotiate and enter into interstate
agreements, interstate compacts, or agreements with compacts, for the
purpose of establishing access to, or maintaining access to, land
disposal facilities for low-level radioactive waste generated in
California. The terms of the agreement or compact may include, but
are not limited to, a provision that the other parties to the
agreement or compact will have reciprocal access to California
permanent disposal facilities, when operational.
The Governor shall report to the Legislature on the status of
these negotiations within four months after September 28, 1983, and
every four months thereafter, until an agreement or compact is
entered into or the negotiations are terminated. Any agreement or
compact that proposes membership for California in a compact made
pursuant to the Low-Level Radioactive Waste Policy Act (42 U.S.C.
Secs. 2021b to 2021d, incl.) or any interstate agreement or agreement
with a compact that includes a provision that the other parties to
the agreement will have reciprocal access to California permanent
disposal facilities, when operational, shall be submitted to the
Legislature for ratification by statute.
25275.11. The director shall appoint, in consultation with the
Chairperson of the Senate Committee on Rules and the Speaker of the
Assembly, an advisory committee to advise the department regarding
methods for minimizing the environmental impact of low-level wastes,
criteria for siting low-level waste treatment and burial facilities,
alternatives to land burial of low-level waste, and waste
classification schemes.
The committee shall include representatives from the field of
medicine, and from research, industrial, environmental, and public
health organizations, who have demonstrated expertise and experience
with radioactive materials, waste management, the health effects of
exposure to low-level waste, or the environmental impact associated
with the storage of low-level waste. The director shall appoint to
the advisory committee the director of environmental health of the
county where a low-level waste disposal facility is sited.
25275.12. In implementing this chapter, the department,
consistent with other requirements imposed by this chapter to protect
public health and safety, shall promote the reduction of low-level
radioactive waste generated, both in volume and radioactivity, by
encouraging waste reduction practices, including, but not limited to,
all of the following:
(a) The minimization of waste produced by employing best practices
to reduce the amount of contaminated materials.
(b) The substitution and use of nonradioactive materials or
radioactive materials with shorter radioactive half-lives.
(c) The compaction of low-level radioactive waste to reduce the
volume of waste that must be transported and disposed of in the
state.
Article 6. Southwestern Low-Level Radioactive Waste Disposal
Compact
25276. The Legislature of the State of California hereby enacts
and ratifies the agreement set forth in Section 25276.1 and
designated as the "Southwestern Low-Level Radioactive Waste Disposal
Compact," entered into pursuant to the Low-Level Radioactive Waste
Policy Act, as amended by the Low-Level Radioactive Waste Policy
Amendments Act of 1985 (42 U.S.C. Sec. 2021b to 2021j, incl.). This
compact became effective in accordance with Article 7 of the compact
as set forth in former Section 115255, as that section read on
January 1, 2003.
25276.1. The provisions of the Southwestern Low-Level Radioactive
Waste Disposal Compact are as follows:
Article 1. Compact Policy and Formation
The party states hereby find and declare all of the following:
(A) The United States Congress, by enacting the Low-Level
Radioactive Waste Policy Act, Public Law 96-573, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021b to 2021j, incl.), has encouraged the use of interstate
compacts to provide for the establishment and operation of facilities
for regional management of low-level radioactive waste.
(B) It is the purpose of this compact to provide the means for
such a cooperative effort between or among party states to protect
the citizens of the states and the states' environments.
(C) It is the policy of party states to this compact to encourage
the reduction of the volume of low-level radioactive waste requiring
disposal within the compact region.
(D) It is the policy of the party states that the protection of
the health and safety of their citizens and the most ecological and
economical management of low-level radioactive wastes can be
accomplished through cooperation of the states by minimizing the
amount of handling and transportation required to dispose of these
wastes and by providing facilities that serve the compact region.
(E) Each party state, if an agreement state pursuant to Section
2021 of Title 42 of the United States Code, or the Nuclear Regulatory
Commission if not an agreement state, is responsible for the primary
regulation of radioactive materials within its jurisdiction.
Article 2. Definitions
As used in this compact, unless the context clearly indicates
otherwise, the following definitions apply:
(A) "Commission" means the Southwestern Low-Level Radioactive
Waste Commission established in Article 3 of this compact.
(B) "Compact region" or "region" means the combined geographical
area within the boundaries of the party states.
(C) "Disposal" means the permanent isolation of low-level
radioactive waste pursuant to requirements established by the Nuclear
Regulatory Commission and the Environmental Protection Agency under
applicable laws, or by a party state if that state hosts a disposal
facility.
(D) "Generate," when used in relation to low-level radioactive
waste, means to produce low-level radioactive waste.
(E) "Generator" means a person whose activity, excluding the
management of low-level radioactive waste, results in the production
of low-level radioactive waste.
(F) "Host county" means a county, or other similar political
subdivision of a party state, in which a regional disposal facility
is located or being developed.
(G) "Host state" means a party state in which a regional disposal
facility is located or being developed. The State of California is
the host state under this compact for the first 30 years from the
date the California regional disposal facility commences operations.
(H) "Institutional control period" means that period of time in
which the facility license is transferred to the disposal site owner
in compliance with the appropriate regulations for long-term
observation and maintenance following the postclosure period.
(I) "Low-level radioactive waste" means regulated radioactive
material that meets all of the following requirements:
(1) The waste is not high-level radioactive waste, spent nuclear
fuel, or byproduct material (as defined in Section 11e(2) of the
Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014(e)(2))).
(2) The waste is not uranium mining or mill tailings.
(3) The waste is not any waste for which the federal government is
responsible pursuant to subdivision (b) of Section 3 of the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021c(b)).
(4) The waste is not an alpha emitting transuranic nuclide with a
half-life greater than five years and with a concentration greater
than 100 nanocuries per gram, or Plutonium-241 with a concentration
greater than 3,500 nanocuries per gram, or Curium-242 with a
concentration greater than 20,000 nanocuries per gram.
(J) "Management" means collection, consolidation, storage,
packaging, or treatment.
(K) "Major generator state" means a party state that generates 10
percent of the total amount of low-level radioactive waste produced
within the compact region and disposed of at the regional disposal
facility.
If no party state other than California generates at least 10
percent of the total amount, "major generator state" means the party
state which is second to California in the amount of waste produced
within the compact region and disposed of at the regional disposal
facility.
(L) "Operator" means a person who operates a regional disposal
facility.
(M) "Party state" means any state that has become a party in
accordance with Article 7 of this compact.
(N) "Person" means an individual, corporation, partnership, or
other legal entity, whether public or private.
(O) "Postclosure period" means that period of time after
completion of closure of a disposal facility during which the
licensee shall observe, monitor, and carry out necessary maintenance
and repairs at the disposal facility to assure that the disposal
facility will remain stable and will not need ongoing active
maintenance. This period ends with the beginning of the
institutional control period.
(P) "Regional disposal facility" means a nonfederal low-level
radioactive waste disposal facility established and operated under
this compact.
(Q) "Site closure and stabilization" means the activities of the
disposal facility operator taken at the end of the disposal facility'
s operating life to assure the continued protection of the public
from any residual radioactivity or other potential hazards present at
the disposal facility.
(R) "Transporter" means a person who transports low-level
radioactive waste.
(S) "Uranium mine and mill tailings" means waste resulting from
mining and processing of ores containing uranium.
Article 3. The Commission
(A) There is hereby established the Southwestern Low-Level
Radioactive Waste Commission.
(1) The commission shall consist of one voting member from each
party state to be appointed by the Governor, confirmed by the Senate
of that party state, and to serve at the pleasure of the Governor of
each party state, and one voting member from the host county. The
appointing authority of each party state shall notify the commission
in writing of the identity of the member and of any alternates. An
alternate may act in the member's absence.
(2) The host state shall also appoint that number of additional
voting members of the commission that is necessary for the host state'
s members to compose at least 51 percent of the membership on the
commission. The host state's additional members shall be appointed
by the host state Governor and confirmed by the host state Senate.
If there is more than one host state, only the state in which is
located the regional disposal facility actively accepting low-level
radioactive waste pursuant to this compact may appoint these
additional members.
(3) If the host county has not been selected at the time the
commission is appointed, the Governor of the host state shall appoint
an interim local government member, who shall be an elected
representative of a local government. After a host county is
selected, the interim local government member shall resign and the
Governor shall appoint the host county member pursuant to paragraph
(4).
(4) The Governor shall appoint the host county member from a list
of at least seven candidates compiled by the board of supervisors of
the host county.
(5) In recommending and appointing the host county member pursuant
to paragraph (4), the board of supervisors and the Governor shall
give first consideration to recommending and appointing the member of
the board of supervisors in whose district the regional disposal
facility is located or being developed. If the board of supervisors
of the host county does not provide a list to the Governor of at
least seven candidates from which to choose, the Governor shall
appoint a resident of the host county as the host county member.
(6) The host county member is subject to confirmation by the
Senate of that party state and shall serve at the pleasure of the
Governor of the host state.
(B) The commission is a legal entity separate and distinct from
the party states and shall be so liable for its actions. Members of
the commission shall not be personally liable for actions taken in
their official capacity. The liabilities of the commission shall not
be deemed liabilities of the party states.
(C) The commission shall conduct its business affairs pursuant to
the laws of the host state and disputes arising out of commission
action shall be governed by the laws of the host state. The
commission shall be located in the capital city of the host state in
which the regional disposal facility is located.
(D) The commission's records shall be subject to the host state's
public records law, and the meetings of the commission shall be open
and public in accordance with the host state's open meeting law.
(E) The commission members are public officials of the appointing
state and shall be subject to the conflict of interest laws, as well
as any other law, of the appointing state. The commission members
shall be compensated according to the appointing state's law.
(F) Each commission member is entitled to one vote. A majority of
the commission constitutes a quorum. Unless otherwise provided in
this compact, a majority of the total number of votes on the
commission is necessary for the commission to take any action.
(G) The commission has all of the following duties and authority:
(1) The commission shall do, pursuant to the authority granted by
this compact, whatever is reasonably necessary to ensure that
low-level radioactive wastes are safely disposed of and managed
within the region.
(2) The commission shall meet at least once a year and otherwise
as business requires.
(3) The commission shall establish a compact surcharge to be
imposed upon party state generators. The surcharge shall be based
upon the cubic feet of low-level radioactive waste and the
radioactivity of the low-level radioactive waste and shall be
collected by the operator of the disposal facility.
The host state shall set, and the commission shall impose, the
surcharge after congressional approval of the compact. The amount of
the surcharge shall be sufficient to establish and maintain at a
reasonable level funds for all of the following purposes:
(a) The activities of the commission and commission staff.
(b) At the discretion of the host state, a third-party liability
fund to provide compensation for injury to persons or property during
the operational, closure, stabilization, and postclosure and
institutional control periods of the regional disposal facility.
This subparagraph does not limit the responsibility or liability of
the operator, who shall comply with any federal or host state
statutes or regulations regarding third-party liability claims.
(c) A local government reimbursement fund, for the purpose of
reimbursing the local government entity or entities hosting the
regional disposal facility for any costs or increased burdens on the
local governmental entity for services, including, but not limited
to, general fund expenses, the improvement and maintenance of roads
and bridges, fire protection, law enforcement, monitoring by local
health officials, and emergency preparation and response related to
the hosting of the regional disposal facility.
(4) The surcharges imposed by the commission for purposes of
subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to
paragraph (3) of subdivision (E) of Article 4 shall be transmitted
on a monthly basis to the host state for distribution to the proper
accounts.
(5) The commission shall establish a fiscal year that conforms to
the fiscal years of the party states to the extent possible.
(6) The commission shall keep an accurate account of all receipts
and disbursements. An annual audit of the books of the commission
shall be conducted by an independent certified public accountant, and
the audit report shall be made a part of
the annual report of the commission.
(7) The commission shall prepare and include in the annual report
a budget showing anticipated receipts and disbursements for the
subsequent fiscal year.
(8) The commission may accept any grants, equipment, supplies,
materials, or services, conditional or otherwise, from the federal or
state government. The nature, amount and condition, if any, of any
donation, grant, or other resources accepted pursuant to this
paragraph and the identity of the donor or grantor shall be detailed
in the annual report of the commission.
However, the host state shall receive, for the uses specified in
subparagraph (E) of paragraph (2) of subsection (d) of Section 2021e
of Title 42 of the United States Code, any payments paid from the
special escrow account for which the Secretary of Energy is trustee
pursuant to subparagraph (A) of paragraph (2) of subsection (d) of
Section 2021 (e) of Title 42 of the United States Code.
(9) The commission shall submit communications to the governors
and to the presiding officers of the legislatures of the party states
regarding the activities of the commission, including an annual
report to be submitted on or before January 15 of each year. The
commission shall include in the annual report a review of, and
recommendations for, low-level radioactive waste disposal methods
which are alternative technologies to the shallow land burial of
low-level radioactive waste.
(10) The commission shall assemble and make available to the party
states, and to the public, information concerning low-level
radioactive waste management needs, technologies, and problems.
(11) The commission shall keep a current inventory of all
generators within the region, based upon information provided by the
party states.
(12) The commission shall keep a current inventory of all regional
disposal facilities, including information on the size, capacity,
location, specific low-level radioactive wastes capable of being
managed, and the projected useful life of each regional disposal
facility.
(13) The commission may establish advisory committees for the
purpose of advising the commission on the disposal and management of
low-level radioactive waste.
(14) The commission may enter into contracts to carry out its
duties and authority, subject to projected resources. No contract
made by the commission shall bind a party state.
(15) The commission shall prepare contingency plans, with the
cooperation and approval of the host state, for the disposal and
management of low-level radioactive waste in the event that any
regional disposal facility should be closed.
(16) The commission may sue and be sued and, when authorized by a
majority vote of the members, may seek to intervene in an
administrative or judicial proceeding related to this compact.
(17) The commission shall be managed by an appropriate staff,
including an executive director. Notwithstanding any other provision
of law, the commission may hire or retain, or both, legal counsel.
(18) The commission may, subject to applicable federal and state
laws, recommend to the appropriate host state authority suitable land
and rail transportation routes for low-level radioactive waste
carriers.
(19) The commission may enter into an agreement to import
low-level radioactive waste into the region only if both of the
following requirements are met:
(a) The commission approves the importation agreement by a
two-thirds vote of the commission.
(b) The commission and the host state assess the affected regional
disposal facilities' capability to handle imported low-level
radioactive wastes and any relevant environmental or economic
factors, as defined by the host state's appropriate regulatory
authorities.
(20) The commission may, upon petition, allow an individual
generator, a group of generators, or the host state of the compact,
to export low-level radioactive wastes to a low-level radioactive
waste disposal facility located outside the region. The commission
may approve the petition only by a two-thirds vote of the commission.
The permission to export low-level radioactive wastes shall be
effective for that period of time and for the amount of low-level
radioactive waste, and subject to any other term or condition, which
may be determined by the commission.
(21) The commission may approve, only by a two-thirds vote of the
commission, the exportation outside the region of material, which
otherwise meets the criteria of low-level radioactive waste, if the
sole purpose of the exportation is to process the material for
recycling.
(22) The commission shall, not later than 10 years before the
closure of the initial or subsequent regional disposal facility,
prepare a plan for the establishment of the next regional disposal
facility.
Article 4. Rights, Responsibilities, and Obligations of Party
States
(A) There shall be regional disposal facilities sufficient to
dispose of the low-level radioactive waste generated within the
region.
(B) Low-level radioactive waste generated within the region shall
be disposed of at regional disposal facilities and each party state
shall have access to any regional disposal facility without
discrimination.
(C) (1) Upon the effective date of this compact, the State of
California shall serve as the host state and shall comply with the
requirements of subdivision (E) for at least 30 years from the date
the regional disposal facility begins to accept low-level radioactive
waste for disposal. The extension of the obligation and duration
shall be at the option of the State of California.
If the State of California does not extend this obligation, the
party state, other than the State of California, which is the largest
major generator state shall then serve as the host state for the
second regional disposal facility.
The obligation of a host state which hosts the second regional
disposal facility shall also run for 30 years from the date the
second regional disposal facility begins operations.
(2) The host state may close its regional disposal facility when
necessary for public health or safety.
(D) The party states of this compact cannot be members of another
regional low-level radioactive waste compact entered into pursuant to
the Low-Level Radioactive Waste Policy Act, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Secs. 2021b to 2021j, incl.).
(E) A host state shall do all of the following:
(1) Cause a regional disposal facility to be developed on a timely
basis.
(2) Ensure by law, consistent with any applicable federal laws,
the protection and preservation of public health and safety in the
siting, design, development, licensing, regulation, operation,
closure, decommissioning, and long-term care of the regional disposal
facilities within the state.
(3) Ensure that charges for disposal of low-level radioactive
waste at the regional disposal facility are reasonably sufficient to
do all of the following:
(a) Ensure the safe disposal of low-level radioactive waste and
long-term care of the regional disposal facility.
(b) Pay for the cost of inspection, enforcement, and surveillance
activities at the regional disposal facility.
(c) Assure that charges are assessed without discrimination as to
the party state of origin.
(4) Submit an annual report to the commission on the status of the
regional disposal facility including projections of the facility's
anticipated future capacity.
(5) The host state and the operator shall notify the commission
immediately upon the occurrence of any event which could cause a
possible temporary or permanent closure of a regional disposal
facility.
(F) Each party state is subject to the following duties and
authority:
(1) To the extent authorized by federal law, each party state
shall develop and enforce procedures requiring low-level radioactive
waste shipments originating within its borders and destined for a
regional disposal facility to conform to packaging and transportation
requirements and regulations. These procedures shall include, but
are not limited to, all of the following requirements:
(a) Periodic inspections of packaging and shipping practices.
(b) Periodic inspections of low-level radioactive waste containers
while in the custody of transporters.
(c) Appropriate enforcement actions with respect to violations.
(2) A party state may impose a surcharge on the low-level
radioactive waste generators within the state to pay for activities
required by paragraph (1).
(3) To the extent authorized by federal law, each party state
shall, after receiving notification from a host state that a person
in a party state has violated packaging, shipping, or transportation
requirements or regulations, take appropriate actions to ensure that
these violations do not continue. Appropriate actions may include,
but are not limited to, requiring that a bond be posted by the
violator to pay the cost of repackaging at the regional disposal
facility and prohibit future shipments to the regional disposal
facility.
(4) Each party state shall maintain a registry of all generators
within the state that may have low-level radioactive waste to be
disposed of at a regional disposal facility, including, but not
limited to, the amount of low-level radioactive waste and the class
of low-level radioactive waste generated by each generator.
(5) Each party state shall encourage generators within its borders
to minimize the volume of low-level radioactive waste requiring
disposal.
(6) Each party state may rely on the good faith performance of the
other party states to perform those acts which are required by this
compact to provide regional disposal facilities, including the use of
the regional disposal facilities in a manner consistent with this
compact.
(7) Each party state shall provide the commission with any data
and information necessary for the implementation of the commission's
responsibilities, including taking those actions necessary to obtain
this data or information.
(8) Each party state shall agree that only low-level radioactive
waste generated within the jurisdiction of the party states shall be
disposed of in the regional disposal facility, except as provided in
paragraph (19) of subdivision (G) of Article 3.
(9) Each party state shall agree that if there is any injury to
persons on property resulting from the operation of a regional
disposal facility, the damages resulting from the injury may be paid
from the third-party liability fund pursuant to subparagraph (b) of
paragraph (3) of subdivision (G) of Article 3, only to the extent
that the damages exceed the limits of liability insurance carried by
the operator. No party state, by joining this compact, assumes any
liability resulting from the siting, operation, maintenance,
long-term care, or other activity relating to a regional facility,
and no party state shall be liable for any harm or damage resulting
from a regional facility not located within the state.
Article 5. Approval of Regional Facilities
A regional disposal facility shall be approved by the host state
in accordance with its laws. This compact does not confer any
authority on the commission regarding the siting, design,
development, licensure, or other regulation, or the operation,
closure, decommissioning, or long-term care of, any regional disposal
facility within a party state.
Article 6. Prohibited Acts and Penalties
(A) No person shall dispose of low-level radioactive waste within
the region unless the disposal is at a regional disposal facility,
except as otherwise provided in paragraphs (20) and (21) of
subdivision (G) of Article 3.
(B) No person shall dispose of or manage any low-level radioactive
waste within the region unless the low-level radioactive waste was
generated within the region, except as provided in paragraphs (19),
(20), and (21) of subdivision (G) of Article 3.
(C) Violations of this section shall be reported to the
appropriate law enforcement agency within the party state's
jurisdiction.
(D) Violations of this section may result in prohibiting the
violator from disposing of low-level radioactive waste in the
regional disposal facility, as determined by the commission or the
host state.
Article 7. Eligibility, Entry into Effect, Congressional
Consent, Withdrawal, Exclusion
(A) The States of Arizona, North Dakota, South Dakota, and
California are eligible to become parties to this compact. Any other
state may be made eligible by a majority vote of the commission and
ratification by the legislatures of all of the party states by
statute, and upon compliance with those terms and conditions for
eligibility which the host state may establish. The host state may
establish all terms and conditions for the entry of any state, other
than the states named in this subparagraph, as a member of this
compact.
(B) Upon compliance with the other provisions of this compact, an
eligible state may become a party state by legislative enactment of
this compact or by executive order of the governor of the state
adopting this compact. A state becoming a party state by executive
order shall cease to be a party state upon adjournment of the first
general session of its legislature convened after the executive order
is issued, unless before the adjournment the legislature enacts this
compact.
(C) A party state, other than the host state, may withdraw from
the compact by repealing the enactment of this compact, but this
withdrawal shall not become effective until two years after the
effective date of the repealing legislation. If a party state which
is a major generator of low-level radioactive waste voluntarily
withdraws from the compact pursuant to this subdivision, that state
shall make arrangements for the disposal of the other party states'
low-level radioactive waste for a time period equal the period of
time it was a member of this compact.
If the host state withdraws from the compact, the withdrawal shall
not become effective until five years after the effective date of
the repealing legislation.
(D) A party state may be excluded from this compact by a
two-thirds vote of the commission members, acting in a meeting, if
the state to be excluded has failed to carry out any obligations
required by compact.
(E) This compact shall take effect upon the enactment by statute
by the legislatures of the State of California and at least one other
eligible state and upon the consent of Congress and shall remain in
effect until otherwise provided by federal law. This compact is
subject to review by Congress and the withdrawal of the consent of
Congress every five years after its effective date, pursuant to
federal law.
Article 8. Construction and Severability
(A) The provisions of this compact shall be broadly construed to
carry out the purposes of the compact, but the sovereign powers of a
party state shall not be infringed unnecessarily.
(B) This compact does not affect any judicial proceeding pending
on the effective date of this compact.
(C) If any provision of this compact or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the compact that can
be given effect without the invalid provision or application, and to
this end the provisions of this compact are severable.
(D) Nothing in this compact diminishes or otherwise impairs the
jurisdiction, authority, or discretion of either of the following:
(1) The Nuclear Regulatory Commission pursuant to the Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 2011 et seq.).
(2) An agreement state under Section 274 of the Atomic Energy Act
of 1954, as amended (42 U.S.C. Sec. 2021).
(E) Nothing in this compact confers any new authority on the
states or commission to do any of the following:
(1) Regulate the packaging or transportation of low-level
radioactive waste in a manner inconsistent with the regulations of
the Nuclear Regulatory Commission or the United States Department of
Transportation.
(2) Regulate health, safety, or environmental hazards from source,
byproduct, or special nuclear material.
(3) Inspect the activities of licensees of the agreement states or
of the Nuclear Regulatory Commission.
25276.2. Notwithstanding Section 25276.1., authority for
on-highway routing and enforcement relating to low-level radioactive
waste shall, pursuant to other provisions of law, remain with the
Department of the California Highway Patrol for low-level radioactive
waste generated from, and shipments into, California.
25276.4. (a) The department may not issue a license to dispose of
low-level radioactive waste pursuant to this chapter, or renew a
license that has been issued by the department pursuant to this
chapter, unless the department determines that the siting, design,
operation, and closure of the facility will, at a minimum, comply
with the performance requirements and objectives of the Nuclear
Regulatory Commission specified in Part 61 of Title 10 of the Code of
Federal Regulations.
(b) The department may not issue a license to dispose of low-level
radioactive waste pursuant to this chapter, or renew a license that
has been issued by the department pursuant to this chapter, unless
the disposal facility is sited, designed, constructed, and operated
to do all of the following:
(1) Consist of multiple, engineered barriers to provide for the
retention of the radioactive waste within the engineered barriers to
last not less than 500 years, using best available technology.
(2) Provide visual inspection or remote monitoring to detect
potential or actual releases of low-level radioactive waste from the
engineered barriers.
(3) Provide methods to prevent potential releases or remediate
actual releases of low-level radioactive waste from the engineered
barriers when monitoring detects potential or actual releases.
(4) Be sited in a location and with soils and hydrology that, if
the engineered barriers fail, the natural site characteristics would
minimize migration of radioactive materials.
(c) A facility for the disposal of low-level radioactive waste may
not use shallow land burial.
(d) (1) The department may issue a license to dispose of low-level
radioactive waste pursuant to this chapter only if the department
determines there is a preponderance of scientific evidence that there
is not a hydrologic pathway whereby the Colorado River or any other
agricultural or drinking water source could be contaminated with
radioactive waste and harm public health or the environment.
(2) The proposed Ward Valley low-level radioactive disposal site
in San Bernardino County may not serve as the state's low-level
radioactive disposal facility for purposes of Article 5 of the
compact.
(3) The state may not accept ownership or any other property
rights to the site of the Ward Valley low-level radioactive waste
disposal facility.
(e) For the purposes of this section, the following terms have the
following meanings:
(1) "Commission" means the United States Nuclear Regulatory
Commission.
(2) "Compact" means the Southwestern Low-Level Radioactive Waste
Disposal Compact described in Section 25276.1.
(3) "Department" means the Department of Toxic Substances Control.
(4) "Low-level radioactive waste" has the same meaning as defined
in Article 2 of the compact.
(5) "Low-level radioactive waste disposal facility," or "facility"
means all contiguous land and structures, other appurtenances, and
improvements, on the land used for the disposal of low-level
radioactive waste.
(6) "Shallow land burial" means the disposal of low-level
radioactive waste in or within the upper 30 meters of the earth's
surface without the use of additional confinement by engineered
barriers. Shallow land burial does not include the disposal of
low-level radioactive waste if the disposal facility meets the
requirements of subdivisions (b) and (c).
(f) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
25276.6. Notwithstanding Section 25276.1, authority for rail
transportation routing and enforcement relating to low-level
radioactive waste shall remain with the Public Utilities Commission
pursuant to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code) for low-level
radioactive waste generated from, and shipped into, California.
25276.7. The department shall adopt regulations specifying the
modes of transportation which are most protective of public health
and the environment that shall be used by generators to transport
low-level radioactive waste within the state.
Article 7. Federal-State Agreements
25277. The Governor, on behalf of this state, may enter into
agreements with the federal government providing for discontinuance
of certain of the federal government's responsibilities with respect
to sources of ionizing radiation and the assumption thereof by this
state. The agreements shall become effective only when ratified by
law.
25277.1. Any person who, on the effective date of an agreement
under former Section 115120, as that section read on January 1, 2003,
possesses a license issued by the federal government shall be deemed
to possess the same pursuant to a license issued under this chapter.
The license shall expire either 90 days after receipt from the
department of a notice of expiration of the license, or on the date
of expiration specified in the federal license, whichever is the
earlier.
25277.2. The Legislature of the State of California hereby
ratifies and approves that certain agreement designated as the
"Agreement between the United States Atomic Energy Commission and the
State of California for Discontinuance of Certain Commission
Regulatory Authority and Responsibility within the State Pursuant to
Section 274 of the Atomic Energy Act of 1954, as Amended," that was
approved by the Chairman of the Atomic Energy Commission on the ninth
day of March 1962, under authority of Section 274 of the Atomic
Energy Act of 1954, as amended (Public Law 86-373), and by the
Governor of California on the 12th day of March 1962, under authority
of and in conformity with former Section 115120 as that section read
on January 1, 2003, and the provisions of this agreement became
effective in accordance with Article IX of the agreement set forth in
former Section 115235, as that section read on January 1, 2003.
25277.3. The provisions of the agreement are as follows:
Article 1
Subject to the exceptions provided in Articles II, III, and IV,
the Commission shall discontinue, as of the effective date of this
Agreement, the regulatory authority of the Commission in the State
under Chapters 6, 7, and 8, and Section 161 of the Act with respect
to the following materials:
A. Byproduct materials;
B. Source materials; and
C. Special nuclear materials in quantities not sufficient to form
a critical mass.
Article II
This Agreement does not provide for discontinuance of any
authority and the Commission shall retain authority and
responsibility with respect to regulation of:
A. The construction and operation of any production or utilization
facility;
B. The export from or import into the United States of byproduct,
source, or special nuclear material, or of any production or
utilization facility;
C. The disposal into the ocean or sea of byproduct, source, or
special nuclear waste materials as defined in regulations or orders
of the Commission;
D. The disposal of other byproduct, source, or special nuclear
material as the Commission from time to time determines by regulation
or order should, because of the hazards or potential hazards
thereof, not be so disposed of without a license from the Commission.
Article III
Notwithstanding this Agreement, the Commission may from time to
time by rule, regulation, or order, require that the manufacturer,
processor, or producer of any equipment, device, commodity, or other
product containing source, byproduct, or special nuclear material
shall not transfer possession or control of the product except
pursuant to a license or an exemption from licensing issued by the
Commission.
Article IV
This Agreement shall not affect the authority of the Commission
under Subsection 161 b. or i. of the Act to issue rules, regulations,
or orders to protect the common defense and security, to protect
restricted data or to guard against the loss or diversion of special
nuclear material.
Article V
The State will use its best efforts to maintain continuing
compatibility between its program and the program of the Commission
for the regulation of like materials. To this end the State will use
its best efforts to keep the Commission informed of proposed changes
in its regulations, and licensing, inspection, and enforcement
policies and criteria, and of proposed requirements for the design
and distribution of products containing source, byproduct, or special
nuclear material, and to obtain the comments and assistance of the
Commission thereon.
Article VI
The Commission will use its best efforts to keep the State
informed of proposed changes in its regulations, and licensing,
inspection, and enforcement policies and criteria and to obtain the
comments and assistance of the State thereon.
Article VII
The Commission and the State agree that it is desirable to provide
for reciprocal recognition of licenses for the materials listed in
Article I licensed by the other party or by any agreement State.
Accordingly, the Commission and the State agree to use their best
efforts to develop appropriate rules, regulations, and procedures by
which such reciprocity will be accorded.
Article VIII
The Commission, upon its own initiative after reasonable notice
and opportunity for hearing to the State, or upon request of the
Governor of the State, may terminate or suspend this Agreement and
reassert the licensing and regulatory authority vested in it under
the Act if the Commission finds that such termination or suspension
is required to protect the public health and safety.
Article IX
This Agreement, upon ratification by law of the State,
shall become effective on the ninety-first day after the adjournment
of the First Extraordinary Session of the 1962 California Legislature
or on September 1, 1962, whichever is later, and shall remain in
effect unless, and until such time as it is terminated pursuant to
Article VIII.
Article 8. Radionuclide Air Contaminants
25277.4. (a) For purposes of this article, the following terms
have the following meaning:
(1) "Federal act" means the Clean Air Act (42 U.S.C. Sec. 7401 et
seq.) as amended by the Clean Air Act Amendments of 1990 (P.L.
101-549), and as the Clean Air Act may be further amended.
(2) "Person" means, notwithstanding subdivision (i) of Section
25274, any individual, corporation, partnership, limited liability
company, firm, association, trust, estate, public or private
institution, group, agency, political subdivision of this state, and
any other state or political subdivision or agency thereof, any legal
successor, representative, agent, or agency of the foregoing,
including, but not limited to, the United States Nuclear Regulatory
Commission, the Department of Energy, or any successor thereto, and
other federal agencies.
(b) Except as provided in subdivision (b) of Section 25277.7, the
definitions set forth in Section 112 of the federal act (42 U.S.C.
Sec. 7412) and Subpart A (commencing with Section 61.01) of
Subchapter C of Chapter 1 of Title 40 of the Code of Federal
Regulations shall apply to this article and to any regulations
adopted pursuant to this article.
25277.5. The department may establish a program to enable the
state to receive federal approval to implement and enforce emission
standards for radionuclides pursuant to Section 112 of the federal
act (42 U.S.C. Sec. 7412). The department may regulate federal
facilities pursuant to this article only in accordance with the Clean
Air Act, as specified in Section 7418 of Title 42 of the United
States Code.
25277.6. If the state receives federal approval to implement and
enforce emission standards for radionuclides pursuant to Section
25277.5, the department shall be responsible for the control of
emissions of radionuclides into the air. However, nothing in this
article shall be construed in any way to give the department any
authority to regulate, or be construed to apply to, air emissions
from nuclear powerplants that are licensed and regulated by the
United States Nuclear Regulatory Commission.
25277.8. (a) Except as provided in subdivision (b), the
regulations found in Subpart H (commencing with Section 61.90) of,
and in Subpart I (commencing with Section 61.100) of, Part 61 of
Subchapter C of Chapter I of Title 40 of the Code of Federal
Regulations and Appendixes B, D, and E of Part 61 (commencing with
Section 61.01) of Subchapter C of Chapter I of Title 40 of the Code
of Federal Regulations and Appendix A of Part 60 (commencing with
Section 60.01) of Subchapter C of Chapter I of Title 40 of the Code
of Federal Regulations shall be deemed to be the regulations of the
department for purposes of the regulation of radionuclide air
emissions. Except for Sections 61.93 and 61.103 of Title 40 of the
Code of Federal Regulations, any reference to the Environmental
Protection Agency, or any division thereof, in those regulations
shall be deemed to be a reference to the department. The department
may amend those regulations in whole or in part pursuant to
subdivision (b) or (c).
(b) (1) The department shall evaluate any proposed amendment to
the federal regulations specified in subdivision (b) of Section
25277.4 and in subdivision (a) of this section that becomes effective
on or after January 1, 1997.
(2) The department shall publish a notice in the California
Regulatory Notice Register indicating that the amendment has been
adopted by the Environmental Protection Agency as a final rule. The
notice shall include the citation to the Federal Register or the Code
of Federal Regulations related to the amendment. The notice shall
also include the department's determination regarding whether the
amendment is more stringent, equivalent to, or less stringent than,
current state law or regulation.
(3) If the department determines that the amended federal
regulation would be equivalent to, or more stringent than, state law
or regulation, the amended federal regulation shall be deemed to be a
regulation of the department on the date that is 90 days from the
effective date of the amendment of the federal regulation or the
publication of the notice required by paragraph (2), whichever date
is later.
(c) In addition to the adoption of federal regulations as
department regulations pursuant to this article, the department may
adopt any other regulation that it determines to be necessary to
establish, implement, and enforce a program for the regulation of
radionuclide air emissions, consistent with the federal act.
(d) The department may charge each owner or operator of a facility
emitting radionuclides into the air, which is subject to Section
61.90 or 61.100 of Title 40 of the Code of Federal Regulations, an
annual fee to pay the costs of implementing this article. The
department shall deposit the fees in the Radioactive Materials
Control Fund, for expenditure, upon appropriation by the Legislature,
for the implementation of this article.
Article 9. Recordkeeping and Enforcement
25278. (a) The department shall require each person who acquires,
possesses or uses a source of ionizing radiation to maintain records
relating to its receipt, storage, transfer or disposal, and other
records as the department may require, subject to those exemptions
that may be provided by regulation.
(b) The department shall require each person who possesses or uses
a source of ionizing radiation to maintain appropriate records
showing the radiation exposure of all individuals for whom personnel
monitoring is required by regulations of the department. Copies of
these records and those required to be kept in accordance with
subdivision (a) shall be submitted to the department upon request.
(c) The department shall adopt reasonable regulations, compatible
with those of the United States Atomic Energy Commission, pertaining
to reports of exposure of personnel. The regulations shall require
that reports of excessive exposure be made to the individual exposed
and to the department, and shall provide for periodic and terminal
reports to individuals for whom personnel monitoring is required.
(d) Section 6411 of the Labor Code does not exempt any person
from making any report required by this section.
25278.1. Whenever, in the judgment of the department, any person
has engaged in or is about to engage in any act or practice that
constitutes or will constitute a violation of this chapter or any
regulation or order issued pursuant to this chapter, and at the
request of the department, the Attorney General may apply to the
superior court for an order enjoining the act or practice, or for an
order directing compliance. Upon a showing by the department that the
person has engaged in or is about to engage in the act or practice,
the court may grant a permanent or temporary injunction, restraining
order, or other order.
25278.2. (a) A person may not use, manufacture, produce,
knowingly transport, transfer, receive, acquire, own, or possess, any
low-level radioactive waste unless the person is licensed by with
the department in accordance with this chapter and regulations
adopted pursuant to this chapter.
(b) A person may not manufacture, produce, transfer, acquire, use,
or possess any low-level radioactive waste or construct a facility
for those purposes, for which a permit or license is required under
the provisions of the Atomic Energy Act of 1954 (Public Law 85-256)
and that is subject to this chapter, unless the person first obtains
a license pursuant to this chapter.
(c) A violation of subdivision (b) is a misdemeanor.
25278.3. In the event of an emergency, the department may impound
or order the impounding of a source of ionizing radiation in the
possession of any person who is not equipped to observe or fails to
observe this chapter or any regulation issued pursuant to this
chapter.
25278.4. (a) The city attorney of the city or the district
attorney of the county in which any violation of this chapter occur,
occurred, or will occur, or the Attorney General, at the request of
the department, may institute, on behalf of the people of California
any civil action necessary to carry out this chapter including, but
not restricted to, the enforcement of liens, the obtaining of
injunctions, or the imposition of civil penalties.
(b) (1) If a civil penalty is awarded pursuant to subdivision (a)
and the action is brought by a city attorney or district attorney,
the penalty shall be paid directly to the city or county. If no
penalty is awarded or paid, or both, the state shall have no
obligation to make any payment to the city or county.
(2) If a civil penalty is awarded pursuant to subdivision (a) and
the action is brought by the Attorney General, the penalty shall be
deposited in the General Fund.
25278.5. (a) Any person who violates this chapter or any
regulation adopted or order issued pursuant to this chapter is guilty
of a misdemeanor and shall, upon conviction, be punished by a fine
not to exceed one thousand dollars ($1,000) or by imprisonment in the
county jail for a period not to exceed 180 days, or by both the fine
and imprisonment.
(b) A person is guilty of a public offense if the person knowingly
disposes or causes the disposal of any radioactive material
regulated by this chapter in violation of this chapter or a
regulation adopted or order issued pursuant to this chapter at any of
the following, or if the person reasonably should have known that
the person was disposing or causing the disposal of the material in
violation of this chapter or a regulation adopted or order issued
pursuant to this chapter, at any of the following:
(1) A facility within the state that does not have a license for
disposal issued by the department pursuant to this chapter.
(2) At any point in the state that is not authorized according to
this chapter.
(3) At any point not authorized by any other local, state, or
federal agency having authority over radioactive materials.
(c) A person convicted of a violation of a public offense
specified in subdivision (b) may be punished as follows:
(1) If the disposal is found to have caused a substantial danger
to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for 16, 24, or 36 months, except as
otherwise provided in paragraph (2). The court may also impose, upon
a person convicted of violating subdivision (b), a fine of not more
than one hundred thousand dollars ($100,000) for each day of
violation, except as otherwise provided in paragraph (2).
(2) If the act that violated subdivision (b) caused great bodily
injury or caused a substantial probability that death could result,
the person convicted may be punished by imprisonment in the state
prison for three, five, or seven years and may be fined not more than
two hundred fifty thousand dollars ($250,000) for each day of
violation.
(d) A person is guilty of a public offense if the person knowingly
transports or causes the transportation of any radioactive material
regulated by this chapter in violation of this chapter or a
regulation adopted or order issued pursuant to this chapter to any of
the following, or if the person reasonably should have known that
the person was causing the transportation of the material in
violation of this chapter or a regulation adopted or order issued
pursuant to this chapter, to any of the following:
(1) A facility in the state that does not have a license from the
department issued pursuant to this chapter.
(2) Any point in the state not authorized by this chapter.
(3) Any point in the state that is not authorized by any other
local, state, or federal agency having authority over radioactive
materials.
(e) A person convicted of a violation of a public offense
specified in subdivision (d) may be punished as follows:
(1) If the transportation is found to have caused a substantial
danger to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for 16, 24, or 36 months, except as
otherwise provided in paragraph (2). The court may also impose, upon
a person convicted of violating subdivision (d), a fine of not more
than one hundred thousand dollars ($100,000) for each day of
violation, except as provided by paragraph (2).
(2) If the transportation that violated subdivision (d) caused
great bodily injury or caused a substantial probability that death
could result, the person convicted may be punished by imprisonment in
the state prison for three, five, or seven years and may be fined
not more than two hundred fifty thousand dollars ($250,000) for each
day of violation.
(f) Notwithstanding any other provision of this chapter,
radioactive materials resulting from medical treatment that are
disposed or transported in a manner authorized pursuant to this
chapter, are exempt from subdivisions (b) to (e), inclusive.
25278.6. (a) In any proceeding under this chapter for granting or
amending any license, or for determining compliance with, or
granting exceptions from, regulations adopted in accordance with this
chapter, the department shall afford an opportunity for a hearing on
the record upon the request of any person whose interest may be
affected by the proceeding, and shall admit that person as a party to
the proceeding.
(b) Proceedings for the suspension or revocation of licenses under
this chapter shall be conducted in the same manner as a hearing
conducted pursuant to Section 100171.
25278.7. Whenever the department finds that an emergency exists
requiring immediate action to protect the public health and safety,
the department may, without notice or hearing, issue a regulation or
order reciting the existence of the emergency and requiring that
action be taken as is deemed necessary to meet the emergency.
Notwithstanding any provision of this chapter, the regulation or
order shall be effective immediately. Any person to whom the
regulation or order is directed shall comply therewith immediately,
but on application to the department shall be afforded a hearing
within 15 days. On the basis of the hearing, the emergency
regulation or order shall be continued, modified, or revoked within
30 days after the hearing.
25278.8. Any final order entered in any proceeding under Sections
25278.6 and 25278.7 shall be subject to judicial review in the
manner prescribed in Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code.
Article 10. Transfer of Authority
25278.9. The Department of Toxic Substances Control succeeds to,
and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the State Department of Health
Services specified in Article 1 (commencing with Section 114705) of,
and Article 3 (commencing with Section 114815) of, Chapter 5 of Part
9 of Division 104, as those provisions read on January 1, 2003, and
all the duties, powers, purposes, responsibilities, and jurisdiction
of the State Department of Health Services specified in Chapter 8
(commencing with Section 114965) of Part 9 of Title 104, as those
provisions read on January 1, 2003, with respect to the any
radioactive material or source of ionizing radiation not subject to
Chapter 8 (commencing with Section 114965) of Part 9 of Title 104, as
added by the act adding this chapter.
25278.10. The department may expend the unexpended balance of
funds available for use in connection with the performance of the
functions of the State Department of Health Services transferred to
the department pursuant to Section 25278.9.
25278.11. All officers and employees of the State Department of
Health Services who, on January 1, 2004, are performing any duty,
power, purpose, responsibility, or jurisdiction transferred to the
department pursuant to Section 25278.9 and who are serving in the
state civil service, other than as temporary employees, shall be
transferred to the department. The status, positions, and rights of
those persons shall not be affected by the transfer and shall be
retained by those persons as officers and employees of the
department, pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to positions exempted from civil service.
25278.12. The department shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, land, and other property, real or personal, connected with
the administration of, or held for the benefit or use of, the State
Department of Health Services for the performance of the functions
transferred to the department by Section 25278.
25278.13. All officers or employees of the department employed on
and after January 1, 2004, shall be appointed by the director.
SEC. 2. Chapter 6.69 (commencing with Section 25279) is added to
Division 20 of the Health and Safety Code, to read:
CHAPTER 6.69. REMEDIATION OF NUCLEAR WASTE
Article 1. Definitions
25279. For purposes of this article the following definitions
shall apply:
(a) "Decontamination," as used in this chapter, means the
reduction of the level of contamination from nuclear waste to the
level that the department determines is reasonably necessary to
eliminate the hazard to public health that is caused by the
contamination of any object, building, structure, or premises.
(b) "Nuclear waste" means any of the following:
(1) Low-level radioactive waste, high-level radioactive waste,
transuranic waste, spent nuclear fuel, and byproduct material.
(2) Any discarded radioactive material with radioactivity above
the background level when measured with the best available
technology.
25279.1. For purposes of this chapter, the definitions specified
in Section 25274 shall apply to this chapter.
Article 2. Remediation and Decontamination Standards
25279.2. The department shall adopt regulations establishing
standards for the decontamination and remediation of sites
contaminated by nuclear waste. The department shall set forth
remediation and decontamination standards for unrestricted land uses
and a restricted, nonresidential use of land. In determining the
remediation and decontamination standards, the department shall
consider all of the following:
(a) The nuclear waste's adverse effects on human health and
safety, biota, and its potential for causing environmental damage to
natural resources, including, but not limited to, beneficial uses of
the water of the state, including sources of drinking water.
(b) Risk assessments that have been prepared for nuclear waste by
federal or state agencies pursuant to environmental or public health
laws, evaluations of nuclear waste that have been prepared by
epidemiological studies and occupational health programs, and risk
assessments or other evaluations of nuclear waste that have been
prepared by governmental agencies or responsible parties as part of a
project to remediate a contaminated property.
(c) Cleanup levels that have been established for nuclear waste at
sites that have been, or are being, investigated or remediated under
any other remediation program administered by a federal or local
agency.
(d) Remediation and decontamination standards for nuclear waste
that have been published by other agencies in the state, in other
states, and by federal agencies.
Article 3. Decontamination Procedures
25279.3. (a) If the department determines that any object,
building, structure, or premises is contaminated by nuclear waste and
constitutes a hazard to the public health, it shall order the person
who has control of the object, building, structure, or premises to
cease to use or occupy and to exercise due caution to prevent others
from using or occupying the object, building, structure, or premises,
except to the extent necessary to accomplish the decontamination, or
to the extent necessary to accomplish the disposal of the object,
building, or structure as nuclear waste. The normal use or occupancy
of the object, building, structure, or premises may not be resumed
until decontamination has been accomplished and a release obtained
from the department.
(b) The department shall prescribe, in any order issued pursuant
to subdivision (a), the level to which the contamination is required
to be reduced in order to eliminate the hazard to the public health.
(c) If the person who has control of the object, building,
structure, or premises subject to an order issued pursuant to
subdivision (a) fails to comply with the department's order to
decontaminate, the department may impound or seize the object,
building, structure, or premises. The department, after impounding
or seizure of an object, building, structure, or premises, may
decontaminate the object, building, structure, or premises.
(d) If the department determines that the object, building,
structure, or premises subject to an order issued pursuant to
subdivision (a) does not warrant decontamination because of its low
value, the department shall notify in writing the person who had
control of the object, building, structure, or premises. The person
so notified may decontaminate the object, building, structure, or
premises, but if the person fails to do so within 15 days after the
notice, the department may cause the object, building, structure, or
premises to be disposed of as nuclear waste.
25279.4. (a) If the department causes an object, building,
structure or premises to be decontaminated, the department shall,
upon the completion of the decontamination, return the impounded
article or seized building, structure, or premises to the person who
had control of the article, building, structure, or premises prior to
the impounding or seizure. The person who has control of the
object, building, structure, or premises and was responsible for its
contamination shall pay the department for the reasonable and
necessary costs incurred by the department in seizing and
decontaminating or in seizing and disposing of the object, building,
structure, or premises.
(b) If the contamination of the object, building, structure, or
premises results from the negligence of another person, the
department may require that person to pay all reasonable and
necessary costs incurred by the department in seizing and
decontaminating or disposing of the object, building, structure, or
premises and may maintain any action necessary to recover those
costs.
25279.5. (a) (1) A lien in favor of the people of California
shall be imposed upon any object, building, structure, or premises
for the reasonable amount of expenses and costs incurred by the
department in carrying out Section 25279.3 or 25279.4, if the owner
of the property or of any interest therein is the person responsible
for the contamination, and to the extent of the interest of that
person. The department shall post a notice of lien or notice of
intent to impose a lien upon any object, building, structure, or
premises impounded or seized by the department and the department
shall file a notice of lien or notice of intent to impose a lien with
the county recorder of the county in which the object, building,
structure, or premises are located.
(2) The lien specified in paragraph (1) shall not become effective
until the notice of lien, particularly identifying the property, the
interest subject to the lien and the name of the owner of record of
the property, and the amount of the lien, is recorded in the office
of the county recorder in the county where the property is located.
Upon recordation, the lien shall have the same force, effect, and
priority as if it had been a judgment lien imposed upon real property
that was not exempt from execution, except the lien shall attach
only to the property described in the notice and impounded or seized
by the department, and shall continue for 10 years from the time of
the recording of the notice unless sooner released or otherwise
discharged.
(b) The department may at any time release all or any portion of
the property subject to a lien imposed pursuant to subdivision (a)
from the lien or subordinate the lien to other liens and encumbrances
if the department determines that the amount owed is sufficiently
secured by a lien on other property or that the release or
subordination of the lien will not jeopardize the collection of the
amount owed. A certificate by the department to the effect that any
property has been released from the lien or that the lien has been
subordinated to other liens and encumbrances shall be conclusive
evidence that the property has been released or that the lien has
been subordinated as provided in the certificate.
SEC. 3. Chapter 5 (commencing with Section 114705) of Part 9 of
Division 104 of the Health and Safety Code is repealed.
SEC. 4. Chapter 5 (commencing with Section 114705) is added to
Part 9 of Division 104 of the Health and Safety Code, to read:
CHAPTER 5. RADIATION MONITORING DEVICES FOR NUCLEAR
POWERPLANTS
114705. As used in this chapter the following terms have the
meanings described in this section.
(a) "Department" means the State Department of Health Services.
(b) "Environment" means all places outside the control of the
person responsible for the radioactive materials.
(c) "Person" includes any association of persons, copartnership or
corporation.
(d) "Radiation," or "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.
(e) "Radioactive material" means any material or combination of
materials that spontaneously emits ionizing radiation.
(f) "Radiological monitoring" means the measurement of the amounts
and kinds of radioactive materials in the environment.
114785. Each privately owned and publicly owned public utility
operating a nuclear powerplant with a generating capacity of 50
megawatts or more shall establish a system
of offsite radiation monitoring devices as
specified by the Nuclear Regulatory Commission pursuant to Regulatory
Guide 1.97 or related standards. The utility shall consult with the
department and the appropriate county emergency services agency
regarding the type, number, and locations of the radiation monitoring
devices. The consultation with the department and the appropriate
county emergency services agency shall be completed prior to
submitting a plan to the Nuclear Regulatory Commission regarding the
radiation monitoring devices.
114790. The information transmitted to the radiation monitoring
displays in the technical support center or emergency operating
facility of a nuclear powerplant shall be simultaneously transmitted
to the Office of Emergency Services State Warning Center.
114795. The Public Utilities Commission shall allow the funds
expended by privately owned utilities in compliance with this
article to be included for ratemaking purposes. A publicly owned
utility shall include the funds expended complying with this chapter
in its rates.
114800. A plant operator may not be required to spend more than
one million dollars ($1,000,000) in capital outlay for a nuclear
powerplant site in complying with this chapter.
114805. This chapter does not require powerplant modifications or
the conduct of operations that may be in conflict with conditions of
the license to operate issued by the Nuclear Regulatory Commission
or with other activities authorized by the Nuclear Regulatory
Commission, or that may be in conflict with the regulations of the
Environmental Protection Agency.
114810. Failure to comply with this article shall not constitute
the basis for an action in a court of law or in an administrative
proceeding to enjoin or prevent the operation or startup of a nuclear
facility.
SEC. 5. Chapter 8 (commencing with Section 114960) of Part 9 of
Division 104 of the Health and Safety Code is repealed.
SEC. 6. Chapter 8 (commencing with Section 114960) is added to
Part 9 of Division 104 of the Health and Safety Code, to read:
CHAPTER 8. NUCLEAR MEDICINE AND RADIOLOGICAL MATERIALS
LICENSING ACT
114960. This chapter shall be known, and may be cited, as the
Nuclear Medicine and Radiological Materials Licensing Act.
114961. (a) For purposes of this section the following
definitions shall apply:
(1) "Health care facility" means a medical or dental office,
clinic, hospital, surgery center, laboratory, research laboratory,
those facilities required to be licensed pursuant to Division 2
(commencing with Section 1200), chronic dialysis clinics, as
regulated pursuant to Division 2 (commencing with Section 1200), and
education and research facilities, veterinary offices, veterinary
clinics, and veterinary hospitals.
(2) "Nuclear medicine technology" has the same meaning as defined
in Section 107150.
(3) "Onsite" means the location of a health care facility or a
common storage facility on the same or immediately adjacent property
as the health care facility.
(4) "Offsite" means any location that is not onsite.
(b) Except as provided in subdivision (c), this chapter applies
only to the following materials:
(1) A radioactive material or a source of ionizing radiation that
is located onsite at a health care facility.
(2) A radioactive material or source of ionizing radiation that is
used in the performance of nuclear medicine technology.
(c) This chapter does not apply to a radioactive material or
source of ionizing radiation specified in subdivision (b) that meets
any of the following conditions:
(1) The radioactive material or source of ionizing radiation is
being transported to, or is transported offsite from, a health care
facility or a location used for the conduct of nuclear medicine
technology.
(2) The radioactive material or source of ionizing radiation is
discarded, relinquished or abandoned.
(3) The radioactive materials or source of ionizing radiation is
discharged, deposited, dumped, spilled, leaked, or placed, so that
the material or source is, or may be, emitted into the air or
discharged into or on any land or waters, including, but not limited
to, groundwater, or may otherwise enter the environment.
114965. It is the policy of the State of California, in
furtherance of its responsibility to protect the public health and
safety, to institute and maintain a regulatory program for sources of
ionizing radiation so as to provide for all of the following:
(a) Compatibility with the standards and regulatory programs of
the federal government.
(b) An integrated effective system of regulation within the state.
(c) A system consonant insofar as possible with those of other
states.
114970. It is the purpose of this chapter to effectuate the
policies set forth in Section 114965 by providing for programs to do
all of the following:
(a) Effectively regulate sources of ionizing radiation for the
protection of the occupational and public health and safety.
(b) Promote an orderly regulatory pattern within the state, among
the states, and between the federal government and the state, and
facilitate intergovernmental cooperation with respect to use and
regulation of sources of ionizing radiation to the end that
duplication of regulation may be minimized.
(c) Establish procedures for assumption and performance of certain
regulatory responsibilities with respect to byproduct, source, and
special nuclear materials.
(d) Permit maximum utilization of sources of ionizing radiation
consistent with the health and safety of the public.
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, and
Section 114920 of this code.
114980. The Nuclear Medicine and Radiological Materials Control
Fund is hereby created as a special fund in the State Treasury. All
moneys, including fees, penalties, interest earned, and fines
collected under Sections 107100, 107160, 115065, and 115080, and the
regulations adopted pursuant to those sections, shall be deposited in
the Nuclear Medicine and Radiological Materials Control Fund to
cover the costs related to the enforcement of this chapter,
including, but not limited to, implementation of Article 6
(commencing with Section 107150) of Chapter 4 of Part 1, and the
Radiologic Technology Act, as defined in subdivision (f) of Section
27, and shall be available for expenditure by the department only
upon appropriation by the Legislature. In addition to any moneys
collected by, or on behalf of, the department for deposit in the
Nuclear Medicine and Radiological Materials Control Fund, all
interest earned by the Nuclear Medicine and Radiological Materials
Control Fund shall be deposited in the Nuclear Medicine and
Radiological Materials Control Fund.
114985. As used in this chapter the following definitions shall
apply:
(a) "Secretary" means the Secretary of the 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, visible, infrared,
or ultraviolet light, or low-level radioactive waste.
(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
thereto, 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 any of the following:
(1) Uranium, thorium, or any other material that the department
declares by regulation to be source material after the United States
Nuclear Regulatory Commission, or any successor thereto, has
determined the material to be source material.
(2) Ores containing one or more of the materials specified in
paragraph (1) in a concentration that the department declares by
regulation to be source material after the United States Nuclear
Regulatory Commission, or any successor thereto, has determined the
material in that concentration to be source material.
(f) "Special nuclear material" means either of the following:
(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or
in the isotope 235, and any other material that the department
declares by regulation to be special nuclear material after the
United States Nuclear Regulatory Commission, or any successor
thereto, determines the material to special nuclear material,
excluding source material.
(2) Any material artificially enriched by any of the materials
specified in paragraph (1), excluding 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 thereto,
in accordance with subdivision (b) of Section 115060.
(j) "Department" means the State Department of Health Services.
(k) "Director" means the State Director of Health Services.
(l) "Federal research and development activity" means any activity
of the Secretary of Energy conducted at any research facility owned
or operated by the United States Department of Energy.
(m) "Low-level radioactive 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 any 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.
Article 3. Control Agency
114990. The department is designated as the agency responsible
for the issuance of licenses. In carrying out its duties under this
section, the department may enter into an agreement with the Division
of Occupational Safety and Health and other state and local agencies
to conduct technical evaluations of license applications prior to
issuance of licenses. The agreements shall also include provisions
for conducting inspections in accordance with Section 115095.
115000. The department shall, for the protection of public health
and safety do all of the following:
(a) Develop programs for evaluation of hazards associated with use
of sources of ionizing radiation.
(b) Develop programs, with due regard for compatibility with
federal programs, for licensing and regulation of byproduct, source,
and special nuclear materials, and other radioactive materials.
(c) Except as provided in Section 18930, adopt regulations
relating to control of other sources of ionizing radiation.
(d) Issue any regulations that may be necessary in connection with
proceedings under Article 4 (commencing with Section 115060).
(e) Collect and disseminate information relating to control of
sources of ionizing radiation, including all of the following:
(1) Maintenance of a file of all license applications, issuances,
denials, amendments, transfers, renewals, modifications, suspensions,
and revocations.
(2) Maintenance of a file of all regulations relating to
regulation of sources of ionizing radiation, pending or adopted, and
proceedings thereon.
(3) Disseminate information regarding the evaluation of hazards
associated with the use of sources of ionizing radiation.
115011. Nothing in this chapter shall be construed as precluding
the Division of Occupational Safety and Health from adopting and
enforcing regulations relating to matters within its jurisdiction
consistent with, in furtherance of, and designed to implement this
chapter and the regulations adopted pursuant to this chapter.
Article 4. Licensing and Regulation of Sources of Ionizing
Radiation
115060. (a) The department shall adopt regulations for general
or specific licensing of persons to receive, possess, or transfer
radioactive materials, or devices or equipment utilizing these
materials. The regulations shall provide for the 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 when 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) Regulations adopted pursuant to this chapter may provide for
recognition of other state or federal licenses as the department may
deem desirable, subject to registration requirements as 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) That all persons who have a certificate for mammography
equipment follow a quality assurance program to be adopted by the
department to ensure the protection of the public health and safety.
(3) That quality assurance tests, as determined by the department,
are 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. A written record of the
location of mobile vans or units with dates and times shall be
maintained and available for inspection by the department.
(4) On or after July 15, 1993, all 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, as defined in subdivision (f) of 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.
115065. (a) Notwithstanding Section 6103 of the Government Code,
the department shall provide by regulation a schedule of the fees
that shall be paid by the following persons:
(1) Persons possessing radioactive materials under licenses issued
by the department or under other state or federal licenses for the
use of these radioactive materials, when these persons use these
radioactive materials in the state in accordance with the regulations
adopted pursuant to subdivision (d) of Section 115060.
(2) Persons generally licensed for the use of devices and
equipment utilizing radioactive materials that are designed and
manufactured for the purpose of detecting, measuring, gauging, or
controlling thickness, density, level, interface location, radiation,
leakage, or qualitative or quantitative chemical composition, or for
producing light or an ionized atmosphere, if the devices are
manufactured pursuant to a specific license authorizing distribution
to general licensees.
(b) The revenues derived from the fees shall be used, together
with other funds made available therefor, for the purpose of the
issuance of licenses or the inspection and regulation of the
licensees.
(c) The department may adopt emergency regulations pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code to establish and adjust fees for
radioactive materials licenses in an amount to produce estimated
revenues equal to at least 95 percent of the department's costs in
carrying out these licensing requirements, if the new fees were to
remain in effect throughout the fiscal year for which the fee is
established or adjusted.
(d) 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 115070.
With respect to these agreements, any salaries, benefits, and other
indirect costs shall not exceed comparable costs of the department.
(e) The fees for licenses for radioactive materials and of devices
and equipment utilizing those materials shall be adjusted annually
pursuant to Section 100425.
115070. The frequency of inspections of radioactive materials
shall be based on priorities established by the United States Nuclear
Regulatory Commission.
115075. In addition to the annual adjustment of the fees
authorized by this chapter pursuant to Section 100425, on or before
January 1, 1991, the director may adopt emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, to establish and
adjust these fees, and for purposes of that chapter, including
Section 11349.6 of the Government Code, an adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
115080. (a) 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 thereto.
(b) The revenues derived from the fees imposed pursuant to
subdivision (a) shall be used, together with other funds made
available therefor, for the purpose of carrying out any inspections
of the sources of ionizing radiation required by this chapter or
regulations adopted pursuant to this chapter.
(c) The department shall set the fees imposed pursuant to
subdivision (a), together with any other funds made available to the
department, in an amount sufficient to cover the costs of
administering this chapter, and an amount intended to cover the costs
of administering this chapter for each priority source of ionizing
radiation. Revenues generated by the fees shall not offset any
general funds appropriated for the support of the radiologic programs
authorized pursuant to this chapter, and the Radiologic Technology
Act, as defined in subdivision (f) of Section 27, and Chapter 7.6
(commencing with Section 114960).
(d) The department shall not require any person who pay the fees
imposed pursuant to this section to pay, directly or indirectly, for
the share of the costs of administering this chapter of those persons
for whom fees are waived. The 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.
115081. (a) 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.
(b) With respect to these agreements, any salaries, benefits, and
other indirect costs shall not exceed comparable costs of the
department. 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.
(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).
115085. The average inspection frequency for ionizing radiation
machines shall be once each year for mammography X-ray units, once
every three years for high-priority sources of ionizing radiation,
and once every four and one-quarter years for medium-priority
sources. Sources of ionizing radiation used in dentistry shall be
screened for defects by mail or other offsite methodology not less
frequently than once every five years, with physical inspection of
the 50 percent, determined by the department to be most in need of
inspection, to average at least once every six years.
115090. In making the determination of whether to grant, deny,
amend, revoke, suspend, or restrict a certification, registration, or
license, the department may consider those aspects of a person's
background that, in its judgment, bear materially on that person's
ability to fulfill her or his obligations, including but not limited
to technical competency and her or his current or prior record in
areas involving ionizing radiation.
115091. The department shall require a licensee or an applicant
for a license pursuant to Section 115060 to receive, possess, or
transfer radioactive materials, or devices or equipment utilizing
radioactive materials, to provide a financial surety to ensure
performance of its obligations under this chapter. The department
shall establish, by regulation, the amount and type of financial
surety that is required to be provided in order to provide for
maximum protection of the public health and safety and the
environment. The financial surety shall be in the form of surety
bonds, deposits of government securities, escrow accounts, lines of
credit, trust funds, credit insurance, or any other equivalent
financial surety arrangement acceptable to the department. The
department shall adopt the regulations in accordance with, but not
limited to, the following criteria:
(a) Consideration of the need for, and scope of, any
decontamination, decommissioning, reclamation, or disposal activities
required to protect the public health and safety and the
environment.
(b) Estimates of the costs of the required decontamination,
decommissioning, reclamation, or disposal.
(c) The costs of long-term maintenance and surveillance, if
required.
(d) Consideration of the appropriateness of specific requirements
imposed in the financial assurance regulations adopted by the Nuclear
Regulatory Commission, including, but not limited to, the minimum
levels of financial assurance required to be provided by different
categories of facilities, and the categories of facilities which are
exempted from the requirement to provide a financial surety.
115092. (a) The department shall deposit all money received from
a financial surety provided pursuant to Section 115091 in the
Financial Surety Account, which is hereby created in the Nuclear
Medicine and Radiological Materials Control Fund.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the Financial Surety Account is hereby continuously
appropriated to the department
for expenditure only for the decontamination,
decommissioning, reclamation, and disposal of radioactive materials,
and for long-term maintenance and surveillance for the protection of
the public health and safety and the environment, in accordance with
subdivision (e), with regard to the facility or operations of the
licensee who provided the financial surety.
(c) The department may not expend the money in the Financial
Surety Account for normal operating expenses of the department.
(d) The department shall, by regulation, establish a procedure
whereby a licensee may be refunded the amount of the financial surety
provided by the licensee in excess of any amounts expended by the
department and any amounts that are required to be retained to cover
the costs of long-term maintenance and surveillance pursuant to
subdivision (b), with regard to that licensee's facility or
operations. The regulations shall specify that the refund may be
received only after the department has determined that the licensee
has fully satisfied all of its obligations under its license, and all
other obligations which the regulations require to be satisfied
before the licensee may receive a refund.
(e) If the department finds that a radioactive materials licensee
is unable to, or is unwilling to, conduct any decontamination,
decommissioning, reclamation, disposal, or long-term maintenance and
surveillance that may be necessary, the department shall issue an
order directing any action and corrective measures it finds necessary
to protect the public health and safety and the environment. The
department may undertake, or contract for the undertaking of, any
actions or corrective measures which the licensee fails to
satisfactorily complete, and may expend the amount of the financial
surety provided by the licensee to pay the costs of those actions and
corrective measures.
115093. (a) The department shall require, as a condition of
issuing a license to receive, possess, or transfer radioactive
materials, or devices or equipment utilizing radioactive materials,
that the licensee take corrective action with regard to all
contamination that results from the handling, use, storage, or
transportation of radioactive materials at the licensee's facility
regardless of when the contamination commenced at the facility.
(b) Any corrective action required pursuant to this section shall
require that corrective action be taken beyond the facility boundary
if necessary to protect human health and safety or the environment,
unless the licensee demonstrates to the satisfaction of the
department that, despite the licensee's best efforts, the licensee is
unable to obtain the necessary permission to undertake the
corrective action.
(c) When corrective action cannot be completed prior to issuance
of the license, the license shall contain schedules of compliance for
corrective action and assurances of financial responsibility for
completing the corrective action.
Article 5. Inspection
115095. Any officer, employee, or agent of the department or of
any state or local agency with which an agreement has been made
pursuant to Section 114990 shall have the power to enter at all
reasonable times upon any private or public property within the
jurisdiction of the agency for the purpose of determining whether or
not there is compliance with or violation of this chapter, building
standards published in the State Building Standards Code relating to
buildings in which there are sources of ionizing radiation, or of the
regulations adopted pursuant to this chapter, and the owner,
occupant, or person in charge of the property shall permit that entry
and inspection. Entry into areas under the jurisdiction of the
federal government shall be effected only with the concurrence of the
federal government or its duly designated representative.
115100. (a) The person responsible for registering mammographic
X-ray equipment shall be responsible for assuring that the
mammographic X-ray equipment under his or her jurisdiction has been
inspected and that mammography quality assurance tests are performed
by a medical physicist, health physicist, or other individual with
qualifications similar to those approved by the department and
prescribed in the May 1990 version of the "Rules of Good Practice for
Supervision and Operation of Mammographic X-Ray Equipment," as
approved by the Radiologic Technology Certification Committee.
(b) If the department adopts regulations on or after January 1,
1993, that provide similar or stronger protection of a patient's
health and safety than the "Rules of Good Practice for Supervision
and Operation of Mammographic X-Ray Equipment," as determined by the
department, then those rules shall no longer apply to this section.
Article 6. Records
115105. The department shall require each person who acquires,
possesses or uses a source of ionizing radiation to maintain records
relating to its receipt, storage, transfer or disposal, and other
records as the department may require, subject to exemptions as maybe
provided by regulations.
115110. (a) The department shall require each person who
possesses or uses a source of ionizing radiation to maintain
appropriate records showing the radiation exposure of all individuals
for whom personnel monitoring is required by regulations of the
department. Copies of these records and those required to be kept in
accordance with Section 115105 shall be submitted to the department
upon request.
(b) The department shall adopt reasonable regulations, compatible
with those of the United States Atomic Energy Commission, pertaining
to reports of exposure of personnel. The regulations shall require
that reports of excessive exposure be made to the individual exposed
and to the department, and shall make provision for periodic and
terminal reports to individuals for whom personnel monitoring is
required.
(c) Section 6411 of the Labor Code shall not be construed as
exempting any person from making any report required by this section.
115115. The person responsible for registering mammographic X-ray
equipment or a certified supervisor, as defined in subdivision (i)
of Section 114850, shall establish and maintain a Mammography Quality
Assurance Program that includes all of the following:
(a) A Mammography Quality Assurance Manual for the identification
of mammography quality assurance tests performed, test frequency,
test equipment used, maintenance and calibration of test equipment,
and the qualifications of individuals who perform the tests in order
to ensure compliance with the May 1990 version of "Rules of Good
Practice for Supervision and Operation of Mammographic X-Ray
Equipment" or the regulations of the department.
(b) A "Mammography X-Ray Equipment and Facility Accreditation
Certificate" issued by the department that shall be posted on each
X-ray machine specifically dedicated for the purpose of mammography.
Article 7. Federal-State Agreements
115120. The Governor, on behalf of this state, may enter into
agreements with the federal government providing for discontinuance
of certain of the federal government's responsibilities with respect
to sources of ionizing radiation and the assumption thereof by this
state. The agreements shall become effective only when ratified by
law.
115125. Any person who, on the effective date of an agreement
under former Section 115120, as that section read on January 1, 2003,
possesses a license issued by the federal government shall be deemed
to possess the same pursuant to a license issued under this chapter.
The license shall expire either 90 days after receipt from the
department of a notice of expiration of the license, or on the date
of expiration specified in the federal license, whichever is the
earlier.
Article 8. Inspection Agreements and Training Programs
115130. The department, on behalf of this state, may enter into
an agreement or agreements with the federal government, other states,
or interstate agencies, whereby this state will perform on a
cooperative basis with the federal government, other states, or
interstate agencies, inspections or other functions relating to
control of sources of ionizing radiation.
115135. The department and any other appropriate state agency may
institute training programs for the purpose of qualifying personnel
to carry out this chapter, and may make those personnel available for
participation in any program or programs of the federal government,
other states, or interstate agencies in furtherance of the purposes
of this chapter.
115140. An ordinance, resolution, or regulation, in effect on or
before January 1, 2004, or in effect after that date, of the
governing body of a city or county relating to radioactive materials
or other sources of radiation shall not be superseded by this
chapter, if the ordinance, resolution, or regulation is, and
continues to be, consistent with this chapter, any amendments to
this chapter, and the regulations adopted pursuant to this chapter.
A city or county may not require the payment of a fee in connection
with the activities governed by Section 115065 when a fee is required
by the regulations adopted pursuant to that section, and a city or
county may not require the payment of a fee in connection with the
activities governed by Section 115080 when a fee is required by the
regulations adopted pursuant to that section.
Article 10. Administrative Procedure
115145. (a) In any proceeding under this chapter for granting or
amending any license, or for determining compliance with, or granting
exceptions from, regulations adopted in accordance with this
chapter, the department shall afford an opportunity for a hearing on
the record upon the request of any person whose interest may be
affected by the proceeding, and shall admit that person as a party to
the proceeding.
(b) A proceeding for the suspension or revocation of licenses
under this chapter shall be conducted pursuant to Section 100171.
(c) The adoption, repeal, or amendment of regulations pursuant to
this chapter shall be accomplished in conformity with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
115150. If the department finds that an emergency exists
requiring immediate action to protect the public health and safety,
the department may, without notice or hearing, issue a regulation or
order reciting the existence of the emergency and requiring that
action be taken that the department deems necessary to meet the
emergency. Notwithstanding this chapter, the regulation or order
shall be effective immediately. Any person to whom the regulation or
order is directed shall comply immediately with the order or
regulations, but on application to the department shall be afforded a
hearing within 15 days. On the basis of the hearing, the department
shall continue, modify, or revoke the emergency regulation or order
within 30 days after the hearing.
115155. Any final order entered in any proceeding under Sections
115145 and 115150 shall be subject to judicial review in the manner
prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
Article 11. Injunction Proceedings
115160. Whenever, in the judgment of the department, any person
has engaged in or is about to engage in any act or practice that
constitutes or will constitute a violation of this chapter, or any
regulation or order issued pursuant to this chapter, and at the
request of the department, the Attorney General may apply to the
superior court for an order enjoining the act or practice, or for an
order directing compliance, and upon a showing by the department that
the person has engaged in or is about to engage in any the act or
practice, the court may issue a permanent or temporary injunction,
restraining order, or other order.
Article 12. Uses
115165. It shall be unlawful for any person to use, manufacture,
produce, knowingly transport, transfer, receive, acquire, own, or
possess, any source of ionizing radiation subject to this chapter
unless licensed by or registered with the department in accordance
with this chapter and the regulation issued pursuant to this chapter.
115170. (a) It is unlawful for any person to manufacture,
construct, produce, transfer, acquire, use, or possess any of the
materials or facilities for which a permit or license is required
under the provisions of the Atomic Energy Act of 1954 (Public Law
85-256) and that is subject to this chapter unless he or she shall
have first obtained a permit or license.
(b) A violation of this section is a misdemeanor.
Article 13. Impounding of Materials
115175. The department shall have the authority in the event of
an emergency to impound or order the impounding of sources of
ionizing radiation in the possession of any person who is not
equipped to observe or fails to observe this chapter or any
regulations adopted pursuant to this chapter.
115210. (a) The city attorney of the city or the district
attorney of the county in which a violation of this chapter occurs,
occurred, or will occur, or the Attorney General, at the request of
the department, may institute on behalf of the people of California
any civil action necessary to carry out this chapter, including, but
not limited to, obtaining an injunction or the imposition of a civil
penalty.
(b) If a civil penalty is awarded and the action is brought by a
city attorney or district attorney, the penalty shall be paid
directly to the city or county. If no penalty is awarded or paid, or
both, the state is not required to pay the city or county.
(c) If a civil penalty is awarded and the action is brought by the
Attorney General, the penalty shall be deposited in the General
Fund.
Article 14. Penalties
115215. (a) Any person who violates this chapter, any regulation
adopted pursuant to this chapter, or any orders issued pursuant to
this chapter, is guilty of a misdemeanor and shall, upon conviction,
be punished by a fine not to exceed one thousand dollars ($1,000) or
by imprisonment in the county jail for a period not to exceed 180
days, or by both the fine and imprisonment.
(b) Any person who knowingly disposes or causes the disposal of
any radioactive material regulated by this chapter, or who reasonably
should have known that the person was disposing or causing the
disposal of the material, at a facility within the state that does
have a license for disposal, or at any point in the state that is not
authorized by any local, state, or federal agency having authority
over radioactive materials, and is in violation of this chapter, or
any regulation or order adopted pursuant to this chapter, is guilty
of a public offense, and upon conviction, may be punished as follows:
(1) If the disposal is found to have caused a substantial danger
to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for 16, 24, or 36 months, except as
otherwise provided in paragraph (2). The court may also impose, upon
a person convicted of violating this subdivision, a fine of not more
than one hundred thousand dollars ($100,000) for each day of
violation, except as otherwise provided in paragraph (2).
(2) If the act that violated this subdivision caused great bodily
injury or caused a substantial probability that death could result,
the person convicted may be punished by imprisonment in the state
prison for three, five, or seven years and may be fined not more than
two hundred fifty thousand dollars ($250,000) for each day of
violation.
(c) Any person who knowingly transports or causes the
transportation of any radioactive material regulated by this chapter,
or who reasonably should have known that the person was causing the
transportation of the material, to a facility in the state that does
not have a license from the department issued pursuant to this
chapter, to any point in the state that is not authorized by this
chapter, or to any point in the state that is not authorized by any
other local, state, or federal agency having authority over
radioactive materials, and is in violation of this chapter, or any
regulation or order adopted pursuant to this chapter, is guilty of a
public offense and, upon conviction, may be punished as follows:
(1) If the transportation is found to have caused a substantial
danger to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for 16, 24, or 36 months, except as
otherwise provided in paragraph (2). The court may also impose, upon
a person convicted of violating this subdivision, a fine of not more
than one hundred thousand dollars ($100,000) for each day of
violation, except as provided by paragraph (2).
(2) If the transportation that violated this subdivision caused
great bodily injury or caused a substantial probability that death
could result, the person convicted may be punished by imprisonment in
the state prison for three, five, or seven years and may be fined
not more than two hundred fifty thousand dollars ($250,000) for each
day of violation.
(d) Notwithstanding any other provision of this chapter,
radioactive materials used in medical treatment or result from
medical treatment, that are disposed, stored, handled, or transported
in a manner authorized pursuant to this chapter, are exempt from
subdivisions (b) and (c).
(e) Notwithstanding subdivision (a), any person who violates any
provision of this chapter relating to mammography or the regulations
adopted pursuant to this chapter relating to mammography guilty of a
misdemeanor and shall, upon conviction thereof, be punished by a fine
not to exceed five thousand dollars ($5,000), per day of offense, or
by imprisonment in the county jail not to exceed 180 days, or both
the fine and imprisonment.
115220. (a) Any person who intentionally or through gross
negligence violates this chapter, or any regulation adopted pursuant
to this chapter or who fails or refuses to comply with a cease and
desist order or other order of the department issued pursuant to
this chapter, and that action causes a substantial danger to the
health of others, shall be liable to the department for a civil
penalty not to exceed five thousand dollars ($5,000) per day, per
offense.
(b) The remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.
Article 15. Effective Date of Licensing Provisions
115225. Subdivision (a) of Section 115060 and other provisions of
this chapter relating to licensing and the enforcement thereof shall
become effective only upon execution of an agreement pursuant to
Section 115120. Section 115080 shall become operative on July 1,
1962.
Article 16. Agreement Between the United States Atomic Energy
Commission and the State of California
115230. The Legislature of the State of California hereby
ratifies and approves that certain agreement designated as the
"Agreement between the United States Atomic Energy Commission and the
State of California for Discontinuance of Certain Commission
Regulatory Authority and Responsibility within the State Pursuant to
Section 274 of the Atomic Energy Act of 1954, as Amended," that was
approved by the Chairman of the Atomic Energy Commission on the ninth
day of March 1962, under authority of Section 274 of the Atomic
Energy Act of 1954, as amended (Public Law 86-373), and by the
Governor of California on the 12th day of March 1962, under authority
of and in conformity with Section 115120; and the provisions of this
agreement shall become effective in accordance with Article IX of
the agreement set forth in former Section 115235, as that section
read on January 1, 2003.
115235. The provisions of the agreement are as follows:
Article I
Subject to the exceptions provided in Articles II, III, and IV,
the Commission shall discontinue, as of the effective date of this
Agreement, the regulatory authority of the Commission in the State
under Chapters 6, 7, and 8, and Section 161 of the Act with respect
to the following materials:
A. Byproduct materials;
B. Source materials; and
C. Special nuclear materials in quantities not sufficient to form
a critical mass.
Article II
This Agreement does not provide for discontinuance of any
authority and the Commission shall retain authority and
responsibility with respect to regulation of:
A. The construction and operation of any production or utilization
facility;
B. The export from or import into the United States of byproduct,
source, or special nuclear material, or of any production or
utilization facility;
C. The disposal into the ocean or sea of byproduct, source, or
special nuclear waste materials as defined in regulations or orders
of the Commission;
D. The disposal of other byproduct, source, or special nuclear
material as the Commission from time to time determines by regulation
or order should, because of the hazards or potential hazards
thereof, not be so disposed of without a license from the Commission.
Article III
Notwithstanding this Agreement, the Commission may from time to
time by rule, regulation, or order, require that the manufacturer,
processor, or producer of any equipment, device, commodity, or other
product containing source, byproduct, or special nuclear material
shall not transfer possession or control of the product except
pursuant to a license or an exemption from licensing issued by the
Commission.
Article IV
This Agreement shall not affect the authority of the Commission
under Subsection 161 b or i of the Act to issue rules, regulations,
or orders to protect the common defense and security, to protect
restricted data or to guard against the loss or diversion of special
nuclear material.
Article V
The State will use its best efforts to maintain continuing
compatibility between its program and the program of the Commission
for the regulation of like materials. To this end the State will use
its best efforts to keep the Commission informed of proposed changes
in its regulations, and licensing, inspection, and enforcement
policies and criteria, and of proposed requirements for the design
and distribution of products containing source, byproduct, or special
nuclear material, and to obtain the comments and assistance of the
Commission thereon.
Article VI
The Commission will use its best efforts to keep the State
informed of proposed changes in its regulations, and licensing,
inspection, and enforcement policies and criteria and to obtain the
comments and assistance of the State thereon.
Article VII
The Commission and the State agree that it is desirable to provide
for reciprocal recognition of licenses for the materials listed in
Article I licensed by the other party or by any agreement State.
Accordingly, the Commission and the State agree to use their best
efforts to develop appropriate rules, regulations, and procedures by
which such reciprocity will be accorded.
Article VIII
The Commission, upon its own initiative after reasonable notice
and opportunity for hearing to the State, or upon request of the
Governor of the State, may terminate or suspend this Agreement and
reassert the licensing and regulatory authority vested in it under
the Act if the Commission finds that such termination or suspension
is required to protect the public health and safety.
Article IX
This Agreement, upon ratification by law of the State, shall
become effective on the ninety-first day after the adjournment of the
First Extraordinary Session of the 1962 California Legislature or on
September 1, 1962, whichever is later, and shall remain in effect
unless, and until such time as it is terminated pursuant to Article
VIII.
SEC. 7. 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.