PART 9. RADIATION [114650. - 115342.]
Part 9 added by Stats. 1995, Ch. 415, Sec. 6.
§§ 114650–115342 · 146 sections
CHAPTER 4. The Radiation Protection Act of 1999 §§ 114650–114685 · 7 sections
ARTICLE 1. General Provisions §§ 114650–114655 · 2 sections
- § 114650 (a) As used in this chapter, the following definitions shall apply: (1) “Agency” or “office” means the Office of Emergency Services. (2) “Department” means the…
- § 114655 (a) The Legislature hereby finds and declares as follows: (1) Existing law requires the development and maintenance of a nuclear powerplant emergency response…
ARTICLE 2. Responsibilities of the Office of Emergency Services § 114660 · 1 section
- § 114660 (a) The office is responsible for the coordination and integration of all emergency planning programs and response plans under this chapter. If there is a…
ARTICLE 3. Responsibilities of the State Department of Health Services § 114662 · 1 section
- § 114662 (a) The department shall provide technical support for plume emergency phase response. During the ingestion pathway and recovery phases, the department shall…
ARTICLE 4. Responsibilities of Local Government § 114677 · 1 section
- § 114677 (a) Local governments shall develop and maintain radiological emergency preparedness and response plans to safeguard the public in the emergency planning zone…
ARTICLE 5. Responsibilities of Entities Providing Utilities § 114680 · 1 section
- § 114680 Entities providing utilities shall perform all of the following duties and functions: (a) Any public or private utility that operates a nuclear powerplant in…
ARTICLE 6. Responsibilities of Other Agencies § 114685 · 1 section
- § 114685 (a) The Department of Transportation shall include within its criteria for funding, repair, and construction projects, the need for adequate emergency…
CHAPTER 5. Containment of Radioactive Materials §§ 114705–114835 · 26 sections
ARTICLE 1. Control of Radioactive Contamination of the Environment §§ 114705–114780 · 15 sections
- § 114705 The Legislature finds and declares that radioactive contamination of the environment may subject the people of the State of California to unnecessary exposure…
- § 114710 As used in this article the following terms have the meanings described in this section. (a) “Department” means the State Department of Health Services. (b)…
- § 114715 No person shall bury, throw away, or in any manner dispose of radioactive wastes within the state except in a manner and at locations as will result in no…
- § 114720 The department may, by written order, prohibit the disposal of radioactive wastes by any person when, upon investigation, it has determined that the disposal…
- § 114725 The department may, by written order, prohibit the storage, packaging, transporting, or loading of radioactive wastes if there is a reasonable likelihood that…
- § 114730 The person to whom an order has been issued pursuant to Section 114720 or 114725 may appeal the order of the department to any court of competent jurisdiction.
- § 114735 The department may bring an action in a court of competent jurisdiction to enjoin the storage, packaging, transporting, loading, or disposal of radioactive…
- § 114740 The department shall maintain surveillance over the storage, packaging, transporting, and loading of radioactive material within this state regardless of the…
- § 114745 No person shall operate a nuclear reactor, nuclear fuel reprocessing plant, or other installation, as defined by the department, that could, as a result of…
- § 114750 No person shall conduct any field tracer study unless detailed plans of the study have been approved by the department. In reviewing proposed field tracer…
- § 114755 The department shall monitor radioactive materials in the environment, including radioactive materials in media such as air, milk, food, and water in locations…
- § 114760 The department shall, at least once per month, make public to news media the results of its monitoring of radioactive materials.
- § 114765 Any regulations relating to radioactive material cargo, including, but not limited to, packing, marking, loading, handling, and transportation, shall be…
- § 114775 The department, utilizing available funds and in cooperation with the Department of Fish and Game and the Joint Committee on Fisheries and Aquaculture, shall…
- § 114780 (a) The Legislature finds and declares that the dumping of radioactive waste, including the scuttling of radioactive nuclear submarines, into the Pacific…
ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants §§ 114785–114810 · 6 sections
- § 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…
- § 114790 The information transmitted to the radiation monitoring displays in the technical support center or emergency operating facility of a nuclear powerplant shall…
- § 114795 The funds expended by privately owned utilities complying with this article shall be allowed for ratemaking purposes by the Public Utilities Commission.…
- § 114800 In no event shall a plant operator be required to spend more than one million dollars ($1,000,000) in capital outlay for a nuclear powerplant site in complying…
- § 114805 Nothing in this article shall require powerplant modifications or the conduct of operations that may be in conflict with conditions of the license to operate…
- § 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…
ARTICLE 3. Transportation of Radioactive Materials §§ 114815–114835 · 5 sections
- § 114815 For the purposes of this article the term “radioactive materials” shall include any material or combination of materials that spontaneously emits ionizing…
- § 114820 (a) The department, with the assistance of the Office of Emergency Services, the State Energy Resources Conservation and Development Commission, and the…
- § 114825 Regulations adopted by the department pursuant to Section 114820 may be enforced, within their respective jurisdictions, by any authorized representatives of…
- § 114830 It is the legislative intention in enacting this article that the regulations adopted by the department pursuant to this article shall apply uniformly…
- § 114835 A violation of any regulation adopted by the department pursuant to Section 114820 is a misdemeanor.
CHAPTER 6. Radiologic Technology §§ 114840–114896 · 14 sections
ARTICLE 1. Declaration of Policy §§ 114840–114845 · 2 sections
- § 114840 The Legislature finds and declares that the public health interest requires that the people of this state be protected from excessive and improper exposure to…
- § 114845 The Legislature finds and declares that the public health interest requires that increased steps be taken to ensure the accuracy of mammograms, including…
ARTICLE 2. Definitions § 114850 · 1 section
- § 114850 For the purposes of the Radiologic Technology Act (Section 27) and this chapter: (a) “Department” means the State Department of Public Health. (b) “Committee”…
ARTICLE 3. Radiologic Technology Certification §§ 114855–114865 · 3 sections
- § 114855 The department shall appoint a certification committee to assist, advise, and make recommendations for the establishment of regulations necessary to insure the…
- § 114860 The committee shall consist of the director or his or her designate, who shall serve as chairperson ex officio, but who shall not vote, and the following 11…
- § 114865 Members of the committee shall serve without compensation but shall receive their actual and necessary expenses incurred in the performance of the duties of…
ARTICLE 4. Committee Administration and Regulations §§ 114870–114896 · 8 sections
- § 114870 The department shall do all of the following: (a) Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of…
- § 114870.1 (a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established for…
- § 114871 (a) In addition to the limited permits authorized to be issued pursuant to Section 114870, the department may issue to a person a limited permit in podiatric…
- § 114872 (a) The department shall issue a licentiate fluoroscopy permit to a qualified licentiate of the healing arts, as defined in paragraph (2) of subdivision (h) of…
- § 114875 The department may, upon application, on a form prescribed and supplied by the department, by a licentiate of the healing arts, approve the licentiate to give…
- § 114880 Any regulations adopted by the department pursuant to subdivision (a) of Section 114870 shall be adopted only after consultation with and approval of the…
- § 114885 The department shall, upon individual application, grant special permits to persons, excepting those persons from specific provisions of this chapter or of the…
- § 114896 The department shall keep certificate holders and permitholders apprised of significant changes in the practice of radiologic technology and changes in…
CHAPTER 7. Atomic Energy Development §§ 114900–114955 · 14 sections
ARTICLE 1. Short Title § 114900 · 1 section
- § 114900 This chapter may be cited and shall be known as the California Atomic Energy Development Law.
ARTICLE 2. Declaration of Policy §§ 114905–114908 · 3 sections
- § 114905 The Legislature finds and declares that the peacetime uses of atomic energy and radiation can be instrumental in improving the health, welfare and economic…
- § 114907 “Atomic energy” means all forms of energy released in the course of nuclear transformation.
- § 114908 As used in this chapter, “secretary” means the Secretary of the Resources Agency.
ARTICLE 3. Coordination of Atomic Energy Development §§ 114910–114955 · 10 sections
- § 114910 The secretary shall perform the liaison function between the state and the federal government, including the United States Atomic Energy Commission, and…
- § 114915 The secretary shall coordinate the programs, and regulations of the several departments and agencies of the state and the cities and counties relating to…
- § 114920 No rule or regulation applying to atomic energy development, or amendment thereto or repeal thereof, that any state agency may propose to adopt, unless it is…
- § 114925 Whenever the secretary determines that an existing or proposed regulation is inconsistent with any regulation of another agency of the state, he or she may,…
- § 114930 The secretary may, when he or she deems necessary or appropriate, recommend to any state department or other state agency the adoption, amendment, or repeal of…
- § 114935 The secretary shall keep the Governor and the various interested state departments and agencies and the cities and counties informed of private and public…
- § 114940 The secretary shall disseminate to the public factual data and information and interpretations thereof concerning atomic energy development and the uses of…
- § 114945 The secretary may consult with and seek the advice of technically qualified persons within and without the state to advise on matters relating to atomic…
- § 114950 The department shall keep current information on the permits or licenses issued by the United States Atomic Energy Commission in the state and, along with…
- § 114955 Nothing contained in this chapter shall impair the authority or jurisdiction of the State Water Resources Control Board or any of the regional water quality…
CHAPTER 8. Radiation Control Law §§ 114960–115273 · 78 sections
ARTICLE 1. General §§ 114960–114985 · 6 sections
- § 114960 This chapter shall be known, and may be cited, as the Radiation Control Law.
- § 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…
- § 114970 It is the purpose of this chapter to effectuate the policies set forth in Section 114965 by providing for programs to: (a) Effectively regulate sources of…
- § 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…
- § 114980 The Radiation Control Fund is hereby created as a special fund in the State Treasury. All moneys, including fees, penalties, interest earned, and fines,…
- § 114985 As used in this chapter: (a) “Secretary” means the Secretary of the Resources Agency. (b) “Ionizing radiation” means gamma rays and X-rays; alpha and beta…
ARTICLE 3. Control Agency §§ 114990–115055 · 16 sections
- § 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…
- § 114995 The authority of the department to issue licenses pursuant to Section 114990 is not affected by any requirements to conduct studies or planning efforts…
- § 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…
- § 115000.1 (a) For the purposes of this section, the following terms have the following meanings: (1) “Generate” means to produce or cause the production of, or to engage…
- § 115005 In addition to the requirements imposed by Section 115000, the department shall develop an overall plan, in consultation with other state, regional, and…
- § 115010 (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…
- § 115010.5 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…
- § 115015 The department may limit the number of licenses issued pursuant to Sections 114990, 115010, and 115020 authorizing the receipt of radioactive material from…
- § 115020 (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…
- § 115025 (a) If, within 45 days after the termination of the three-month filing period specified in subdivision (a) of Section 115020, the director determines that the…
- § 115030 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…
- § 115035 In addition to the fees authorized to be levied pursuant to Section 115065, the department may, by regulation, set fees to be paid for the disposal in the…
- § 115040 (a) The license designee shall file periodic financial reports with the department as directed by the department. These reports shall provide detailed…
- § 115045 (a) The department is authorized, pursuant to subdivision (d), to establish and operate, or contract for the establishment and contract for operation, of one…
- § 115050 The Governor shall negotiate and enter into interstate agreements, interstate compacts, or agreements with compacts, for the purpose of establishing access to,…
- § 115055 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…
ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation §§ 115060–115093 · 12 sections
- § 115060 (a) The department shall provide by rule or regulation for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or…
- § 115060.5 (a) Except as provided in subdivisions (b) and (c), the department shall exempt a bomb squad of a city, city and county, county, special district, or the State…
- § 115061 (a) In order to better protect the public and radiation workers from unnecessary exposure to radiation and to reduce the occurrence of misdiagnosis, the…
- § 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…
- § 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…
- § 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…
- § 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…
- § 115090 In making the determination of whether to grant, deny, amend, revoke, suspend, or restrict a certification, registration, or license, the department may…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Inspection §§ 115095–115102 · 3 sections
- § 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…
- § 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…
- § 115102 (a) A facility that operates a mammogram machine shall post notices of serious violations in an area that is visible to patients. For purposes of this section,…
ARTICLE 6. Records §§ 115105–115115 · 6 sections
- § 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,…
- § 115110 The department shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of…
- § 115111 (a) Commencing July 1, 2012, subject to subdivision (e), a person that uses a computed tomography (CT) X-ray system for human use shall record the dose of…
- § 115112 (a) Except as provided in subdivision (b), commencing July 1, 2013, CT X-ray systems shall be accredited by an accrediting organization that is approved by the…
- § 115113 (a) Except for an event that results from patient movement or interference, a facility shall report to the department an event in which the administration of…
- § 115115 The person responsible for registering mammographic X-ray equipment or a certified supervisor, as defined in subdivision (i) of Section 114850, shall establish…
ARTICLE 7. Federal-State Agreements §§ 115120–115125 · 2 sections
- § 115120 The Governor, on behalf of this state, may enter into agreements with the federal government providing for discontinuance of certain of the federal…
- § 115125 Any person who, on the effective date of an agreement under Section 115120, possesses a license issued by the federal government shall be deemed to possess the…
ARTICLE 8. Inspection Agreements and Training Programs §§ 115130–115140 · 3 sections
- § 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…
- § 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…
- § 115140 Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a city or county relating to radioactive materials or other…
ARTICLE 10. Administrative Procedure §§ 115145–115155 · 3 sections
- § 115145 (a) In any proceeding under this chapter for granting or amending any license, or for determining compliance with, or granting exceptions from, regulations…
- § 115150 Whenever the department finds that an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice…
- § 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…
ARTICLE 11. Injunction Proceedings § 115160 · 1 section
- § 115160 Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute a…
ARTICLE 12. Uses §§ 115165–115170 · 2 sections
- § 115165 It shall be unlawful for any person to use, manufacture, produce, knowingly transport, transfer, receive, acquire, own, or possess, any source of ionizing…
- § 115170 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…
ARTICLE 13. Impounding of Materials §§ 115175–115210 · 8 sections
- § 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…
- § 115180 The term “decontamination,” as used in this chapter, means the reduction of the level of contamination from radioactive material to the level that the…
- § 115185 If the department determines that any object, building, structure, or premises is contaminated by radioactive material and constitutes a hazard to the public…
- § 115190 If the department determines that the object, building, structure, or premises does not warrant decontamination because of its low value, it shall so notify in…
- § 115195 If the department causes the object, building, structure or premises to be decontaminated, the department shall, upon the completion of the decontamination,…
- § 115200 If the contamination of the object, building, structure, or premises resulted from the negligence of another person, then the department may require that…
- § 115205 (a) 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…
- § 115210 (a) The city attorney of the city or the district attorney of the county in which any violations of this chapter occur, occurred, or will occur, or the…
ARTICLE 14. Penalties §§ 115215–115220 · 2 sections
- § 115215 (a) Any person who violates this chapter, or rules, regulations, or orders in effect adopted pursuant to this chapter, is guilty of a misdemeanor and shall,…
- § 115220 (a) Any person who intentionally or through gross negligence violates any provision of this chapter, or any rule or regulation adopted pursuant thereto, or who…
ARTICLE 15. Effective Date of Licensing Provisions § 115225 · 1 section
- § 115225 Subdivision (a) of Section 115060 and other provisions of this chapter relating to licensing and the enforcement thereof shall become effective only upon…
ARTICLE 16. Agreement Between the United State Atomic Energy Commission and the State of California §§ 115230–115235 · 2 sections
- § 115230 The Legislature of the State of California hereby ratifies and approves that certain agreement designated as the “Agreement between the United States Atomic…
- § 115235 The provisions of said agreement are as follows: Article I Subject to the exceptions provided in Articles II, III, and IV, the Commission shall discontinue, as…
ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact §§ 115250–115270 · 6 sections
- § 115250 The Legislature of the State of California hereby enacts and ratifies the agreement set forth in Section 115255 and designated as the “Southwestern Low-Level…
- § 115255 The provisions of the Southwestern Low-Level Radioactive Waste Disposal Compact are as follows: Article 1.Compact Policy and Formation The party states hereby…
- § 115260 Notwithstanding Section 115255, authority for on-highway routing and enforcement relating to low-level radioactive waste shall, pursuant to other provisions of…
- § 115261 (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…
- § 115265 Notwithstanding Section 115255, authority for rail transportation routing and enforcement relating to low-level radioactive waste shall remain with the Public…
- § 115270 The department shall adopt regulations specifying the modes of transportation which are most protective of public health and the environment which shall be…
ARTICLE 18. Radionuclide Air Contaminants §§ 115271–115271.4 · 4 sections
- § 115271 (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.A. Sec. 7401 et seq.) as…
- § 115271.2 The department may establish a program to enable the state to receive federal approval to implement and enforce emission standards for radionuclides pursuant…
- § 115271.3 If the state receives federal approval to implement and enforce emission standards for radionuclides pursuant to Section 115271.2, the department shall be…
- § 115271.4 (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…
ARTICLE 19. Radioactive Waste Reduction § 115273 · 1 section
- § 115273 In implementing this chapter, the department, consistent with other requirements imposed by this chapter to protect public health and safety, shall promote the…
CHAPTER 9. Nuclear Powerplant Radiation §§ 115275–115295 · 5 sections
- § 115275 It is the intent of the Legislature that in the event of a nuclear accident timely and effective communications between the operators of nuclear powerplants in…
- § 115280 (a) Each privately owned and publicly owned public utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more shall install an…
- § 115285 Nothing in this chapter shall relieve nuclear powerplant operators of their responsibilities to notify local authorities as otherwise provided by law.
- § 115290 Failure to comply with any provision of this chapter shall not constitute the basis for an action in a court of law or administrative proceeding to enjoin or…
- § 115295 If the Humboldt Bay Nuclear Generating Station is not in operation on the effective date of this section, the local emergency plan for it shall not be required…
CHAPTER 12. Protection from Effects of Exposure to Radioactive Iodine in Nuclear Emergencies §§ 115340–115342 · 2 sections
- § 115340 (a) The State Department of Health Care Services shall work with the KI working group, which is coordinated by the Office of Emergency Services, to establish…
- § 115342 This chapter shall be implemented only to the extent that funds are appropriated for the purposes of this chapter in the annual Budget Act or another measure.