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AB-1635 Radioactive materials: federal regulation.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1635

Introduced by Assembly Member Brown

February 10, 2014

An act to amend Sections 114975, 114985, 115000.1, 115060, 115061, 115080, and 115145 of, and to add and repeal Section 114986 of, the Health and Safety Code, relating to radioactive materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 1635, as introduced, Brown. Radioactive materials: federal regulation.
(1) The Radiation Control Law requires the State Department of Public Health to regulate the use and control of radiologic materials. The department is required to adopt the regulations pursuant to that law in accordance with the requirements of the Administrative Procedure Act. A violation of the Radiation Control Law, or a regulation adopted pursuant to that law, is a misdemeanor. The federal Atomic Energy Act of 1954, as amended, authorizes the Nuclear Regulatory Commission to enter into agreements with the governor of a state providing for discontinuance of certain regulatory authority of the commission with respect to byproduct materials, source materials, and special nuclear materials in quantities not sufficient to form a critical mass.
This bill would authorize the department to adopt a regulation adopted by the Nuclear Regulatory Commission that is in effect on or after January 1, 2015, by either the procedures specified in the bill or pursuant to the Administrative Procedure Act. The procedures specified in the bill would require the department to take specified actions with regard to providing public notice, conducting a hearing, providing comments, and publishing a final notice of the regulations. The bill would require the department, upon receiving a formal request, as specified, during the comment period, to instead adopt the regulation in accordance with the Administrative Procedure Act. The bill would prohibit the department from using the procedures established by the bill to adopt a federal regulation that either conflicts with state law or requires the operation of certain federal regulations relating to facilities decommissioning. The bill would also prohibit the department from adopting regulations that are determined by the Nuclear Regulatory Commission, or its successor, to address areas of regulation that cannot be relinquished to agreement states. The bill would repeal the department’s authority to adopt regulations pursuant to the bill’s procedures on January 1, 2020.
The bill would also make conforming changes and would delete obsolete provisions and erroneous or duplicative references.
Since a violation of the regulations adopted pursuant to the law is a crime, the bill would impose a state-mandated local program.
(2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

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

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, Code and Sections 25733 and Section 114920 of this code.

SEC. 2.

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

114985.
 As used in this chapter:
(a) “Secretary” means the Secretary of the Natural Resources Agency.
(b) “Ionizing radiation” means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.
(c) “Person” means any individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, the United States Department of Energy, or any successor thereto, to those entities, 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 either of the following:
(1) Uranium, thorium, or any other material that the department declares by rule to be source material after the United States Nuclear Regulatory Commission, or any successor to that commission, has determined the material to be source material.

(e)“Source material” means (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 such; or (2) ores

(2) Ores containing one or more of the foregoing materials, materials described in such paragraph (1), in a concentration as that the department declares by rule to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, to that commission, has determined the material in such that concentration to be source material.
(f) “Special nuclear material” means (1) plutonium, either of the following:
(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which that the department declares by rule to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, to that commission, has determined the material to be such, special nuclear material, but that does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material.
(2) Any material artificially enriched by a material described in paragraph (1), but does not include source material.
(g) “General license” means a license, pursuant to regulations promulgated by the department, effective without the filing of an application, to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.
(h) “Specific license” means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.
(i) “Registration” means the reporting of possession of a source of radiation and the furnishing of information with respect thereto, to a source of radiation, in accordance with subdivision (b) of Section 115060.
(j) “Department” means the State Department of Health Services. Public Health.
(k) “Director” means the State Director of Health Services. Public Health.
(l) “Federal research and development activity” means any an activity of the Secretary of Energy conducted at any a research facility owned or operated by the United States Department of Energy.
(m) “Low-level waste” means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or the byproduct material defined in Section 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For purposes of this subdivision, the following definitions shall apply:
(1) “High-level radioactive waste” means either of the following:
(A) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from this liquid waste that contains fission products in sufficient concentrations.
(B) Other highly radioactive material that the Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation.
(2) “Spent nuclear fuel” means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(3) “Transuranic waste” means 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.
(r) “Nuclear Regulatory Commission” means the United States Nuclear Regulatory Commission or its successor.

SEC. 3.

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

114986.
 (a) (1) For purposes of this section, the following terms have the following meanings:
(A) “Agreement state” means a state with which the Nuclear Regulatory Commission has entered into an effective agreement under Section 274b of the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2021(b)).
(B) “Plain English” has the same meaning as that term is described in Section 11342.580 of the Government Code and, for this purpose, meets the standards for clarity specified in subdivisions (a) and (b) of Section 16 of Title 1 of the California Code of Regulations, as that section read on January 1, 2014.
(2) This section shall not be construed to exempt the department from complying with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(b) Except as provided in subdivisions (g) and (i), the department may adopt a regulation, or an amendment of a regulation, adopted by the Nuclear Regulatory Commission and in effect on or after January 1, 2015, either pursuant to the procedures specified in this section or pursuant to Section 114975. A regulation, or an amendment of a regulation, adopted by the Nuclear Regulatory Commission for which the department takes action pursuant to the procedures specified in this section shall be deemed to be an adopted regulation of the state.
(1) On or before January 1, 2016, with regard to a regulation adopted by the Nuclear Regulatory Commission that went into effect before January 1, 2015, and is in effect on that date, or on or before six months after the effective date a regulation adopted by the Nuclear Regulatory Commission that would go into effect on or after January 1, 2015, the department shall do all of the following with regard to providing a notice containing the information specified in paragraph (2):
(A) Provide the initial notice of proposed action containing the information specified in paragraph (2) to interested persons and licensees.
(B) Post the initial notice on the department’s Internet Web site.
(C) Submit the initial notice to the Office of Administrative Law, which shall publish the initial notice, in the California Regulatory Notice Register.
(2) Except as provided in subparagraph (F), the department shall include all of the following information in the initial notice required by paragraph (1):
(A) An informative digest drafted in plain English, which shall include all of the following:
(i) A concise and clear summary of existing laws and regulations, if any, related directly to the proposed action and the effect of the proposed action.
(ii) If the proposed action differs substantially from an existing comparable federal regulation or statute, a brief description of the significant differences and the full citation of the federal regulations or statutes.
(iii) A policy statement overview explaining the broad objectives of the regulation adopted by the Nuclear Regulatory Commission and the specific benefits anticipated by the proposed adoption, amendment, or repeal of the regulation by the state, including, to the extent applicable, nonmonetary benefits, including, but not limited to, the protection of public health and safety, worker safety, or the environment, the prevention of discrimination, the promotion of fairness or social equity, and the increase in openness and transparency in business and government.
(iv) An evaluation of whether the regulation adopted by the Nuclear Regulatory Commission that is proposed to be deemed the regulation of the state is inconsistent or incompatible with existing state regulations.
(B) A copy of the express terms of the proposed state regulation that would result if the regulation of the Nuclear Regulatory Commission is adopted pursuant to this section. The text shall be written in the same manner as required by subdivision (a) of Section 11346.2 of the Government Code. If the regulation adopted by the Nuclear Regulatory Commission uses the term “byproduct material,” as defined by the Nuclear Regulatory Commission, the department’s proposed regulation shall instead use the term “byproduct material” as defined in Section 114985, or an equivalent term deemed appropriate by the department.
(C) An identification of the specific regulation adopted by the Nuclear Regulatory Commission under consideration, with a citation to the federal register publication in which the Nuclear Regulatory Commission published its final rule, including instructions regarding how to obtain a copy of the specific federal register.
(D) A description of reasonable alternatives to the regulation adopted by the Nuclear Regulatory Commission and the department’s reasons for rejecting those alternatives. The reasonable alternatives that the department shall consider shall include, but are not limited to, alternatives that are proposed as less burdensome and equally effective in achieving the purposes of the regulation in a manner that ensures full compliance with the authorizing statute, federal regulation, or other law being implemented or made specific by the proposed regulation.
(E) A description of reasonable alternatives to the regulation that would lessen any adverse impact on small business and the department’s reasons for rejecting those alternatives.
(F) Notwithstanding subparagraph (D) or (E), the department is not required to artificially construct alternatives or describe unreasonable alternatives.
(G) A request for public comments on the proposed action.
(H) The name and telephone number of the department’s representative and designated backup contact person for whom comments on the initial finding and inquiries concerning the notice may be directed.
(I) The date by which comments submitted in writing are required to be received.
(c) (1) The department shall provide the initial notice described in paragraph (2) of subdivision (b) in the manner required by paragraph (1) of subdivision (b) for public comment for no less than 45 calendar days after publication of the notice in the California Regulatory Notice Register. If a member of the public requests a public hearing during the first 30 days of the public comment period, the department shall conduct a hearing and consider comments received before the department adopts the regulation pursuant to this section.
(2) If, during the comment period, the department receives a formal request, submitted in accordance with paragraph (3), to comply with Section 114975, the regulation shall not be adopted pursuant to this section and the department shall adopt the regulation in compliance with Section 114975.
(3) For purposes of this subdivision, a formal request means a request received by the department in writing.
(4) The department is required to accept a formal request submitted pursuant to paragraph (2) only if the request meets both of the following conditions:
(A) It is substantially related to the proposed action.
(B) It includes reasons for the request and supporting justifications as to why the proposed action should not be taken pursuant to this section.
(d) (1) The department may adopt, amend, or repeal a regulation that has been changed from that which was originally made available to the public pursuant to subdivision (c) if the change meets either of the following conditions:
(A) The change is nonsubstantial or solely grammatical in nature.
(B) The change is sufficiently related to the original text that the public was adequately placed on notice that the change could result from the originally proposed regulatory action.
(2) If the department makes a change to a regulation that meets the conditions of subparagraph (B) of paragraph (1), the department shall make available to the public, for no less than 15 days before the department adopts, amends, or repeals the resulting regulation, the full text of the resulting adoption, amendment, or repeal, with the changes clearly indicated. The department shall respond to any written comments received regarding the changes in the same manner as specified in paragraph (2) of subdivision (f).
(e) The department may add any material to the record of a proposed action taken pursuant to this section after the close of the public hearing or comment period, as provided in Section 11347.1 of the Government Code, except that the department shall do the following:
(1) Summarize and respond to written comments on the document or information received by the department during the availability period in the same manner as specified in paragraph (2) of subdivision (f), instead of as specified in subdivision (d) of Section 11347.1.
(2) Include in the rulemaking file a statement confirming that the department complied with the requirements of this paragraph, instead of Section 11347.1, and stating the date on which the notice was mailed.
(f) On or before January 1, 2016, with regard to a regulation adopted by the Nuclear Regulatory Commission that went into effect before January 1, 2015, and within one year after the effective date of the federal regulation adopted by the Nuclear Regulatory Commission on or after January 1, 2015, for which the department has taken the actions required by this section, the department shall publish a notice containing all of the following information:
(1) An updated informative digest containing a clear and concise summary of the immediately preceding laws and regulations, if any, relating directly to the adopted, amended, or repealed regulation that is deemed adopted pursuant to this section, and the effect of the adopted, amended, or repealed regulation. The updated informative digest shall include the changes in the information provided in the initial notice made pursuant to subdivision (d).
(2) A summary of each objection or recommendation received pursuant to subdivisions (c), (d), and (e) and an explanation of how the proposed action has been changed to accommodate each objection or recommendation, or the reasons for making no changes.
(A) This paragraph applies only to objections or recommendations specifically directed at the department’s proposed action or to the procedures followed by the department in proposing or adopting the action.
(B) The department may aggregate and summarize repetitive or irrelevant comments as a group, and may respond to repetitive comments or summarily dismiss irrelevant comments as a group. For these purposes, a comment is irrelevant if it is not specifically directed at the department’s proposed action or to the procedures followed by the department in proposing or adopting the action.
(3) The effective date of the regulation deemed adopted by the state pursuant to this section.
(4) The text of the adopted regulation, which shall be published in the California Code of Regulations.
(5) If a formal request was submitted pursuant to paragraph (2) of subdivision (c), and the department did not accept the formal request, the reason why the request was not accepted.
(g) (1) This section does not apply to a regulation adopted by the Nuclear Regulatory Commission under either of the following circumstances:
(A) The regulation conflicts with existing state law.
(B) The regulation requires the operation of those regulations found in Subpart E (commencing with Section 20.1401) of Part 20 of Chapter I of Title 10 of the Code of Federal Regulations.
(2) The department may adopt a regulation that meets the conditions specified in paragraph (1) only pursuant to Section 114975. Subparagraph (B) of paragraph (1) does not prohibit the department from adopting equivalent regulations in accordance with Section 114975.
(h) A regulation that the department has adopted pursuant to this section is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall submit the text of the adopted regulation, as specified in paragraph (4) of subdivision (f), to the Office of Administrative Law, and the office shall publish, in the California Code of Regulations, the adopted regulation.
(i) The department shall not adopt regulations pursuant to this section or Section 114975 determined by the Nuclear Regulatory Commission to address areas of regulation that cannot be relinquished to agreement states pursuant to the Atomic Energy Act of 1954, as amended, or the regulations adopted by the Nuclear Regulatory Commission.
(j) The department may adopt a regulation that is more restrictive than a regulation adopted by the Nuclear Regulatory Commission if the Nuclear Regulatory Commission designates its regulation as one the essential objectives of which an agreement state should adopt.
(k) Any person may obtain a judicial declaration as to the validity of a regulation adopted pursuant to this section by bringing an action for declaratory relief in a superior court.
(l) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SEC. 4.

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

115000.1.
 (a) For the purposes of this section, the following terms have the following meanings:
(1) “Generate” means to produce or cause the production of, or to engage in an activity which that otherwise results in the creation or increase in the volume of, low-level radioactive waste.
(2) (A) “Generator” means any a person who, by his or her actions, or by the actions of his or her agent, employee, or independent contractor, generates low-level radioactive waste in the state.
(B) For purposes of this section, a person who provides for or arranges for the collection, transportation, treatment, storage, or disposal of low-level radioactive waste generated by others is a generator only to the extent that his or her actions, or the actions of his or her agent, employee, or independent contractor, generate low-level radioactive waste.
(3) “Person” means an individual, partnership, corporation, or other legal entity, including any state, interstate, federal, or municipal governmental entity.
(4) “Waste” means material that is not in use and is no longer useful.
(5) “Generator category” includes, but is not limited to, any of the following:
(A) Nuclear powerplants.
(B) Reactor vendors or designers.
(C) Government.
(D) Medicine.
(E) Academia.
(F) Aerospace.
(G) Military.
(H) Research.
(I) Industrial gauges.
(J) Manufacturing.
(6) “Low-level radioactive waste” or “LLRW” has the same meaning as defined in Article 2 of the Southwestern Low-Level Radioactive Waste Disposal Compact, as set forth in Section 115255.
(7) “Class” means the class of low-level radioactive waste. “Class A”, A,” “class B”, 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 Low-Level Radioactive Waste Disposal Compact, as set forth in Article 17 (commencing with Section 115250).
(c) The department shall, for the protection of public health and safety, maintain a file of all LLRW transferred for disposal to a licensed LLRW disposal facility during the reporting period, either directly or through a broker or agent, that shall meet all of the following conditions:
(1) Specify the category of generator, class, quantity by activity, and volume of LLRW, including an estimate of the peak and average quantities in storage, along with the identity of the generator, and the chemical and physical characteristics of that waste, including its half-life, properties, or constituents, and radionuclides present at, or above, the minimum labeling requirements, with their respective concentrations and amounts of radioactivity.
(2) Be updated annually, at minimum, to ensure an accurate and timely depiction of radioactive waste in the state.
(3) Include all of the following information in the file:
(A) The total volume, volume by class, and activity by radionuclide and class.
(B) The types and specifications of individual containers used and the number of each type transferred for disposal.
(C) The maximum surface radiation exposure level on any single container of LLRW transferred, the number of disposal containers that exceed 200 mR/hour, and the volume, class, and activity by radionuclide.
(D) The identification of each licensed LLRW disposal facility to which LLRW was transferred, either directly or through a broker or agent, and the volume and activity by class of LLRW transferred by each broker to each licensed LLRW disposal facility.
(E) The identification of all brokers or agents to which LLRW was transferred and the volume and activity by class of the generator’s LLRW transferred by each broker or agent to each licensed LLRW disposal facility.
(F) The weight of source material by its type. For purposes of this paragraph, subparagraph, “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 of chelating agents, the identification of the chelating agent, the volume and weight of the LLRW LLRW, and the weight percentage of the 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 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.
(L) The volume, volume by class, and activity by radionuclide and class of that LLRW, if any, that the generator is holding at the end of the annual reporting period because the generator knows or has reason to believe that LLRW will not be accepted for disposal at any of the licensed LLRW disposal facilities. The file shall include a description of this LLRW.
(d) The department shall maintain a file on each generator’s LLRW stored, including specific radionuclides, total volume, volume by class, total activity, and activity by radionuclide and class of LLRW stored for decay and stored for later transfer, including the periods of time for both types of storage.
(e) (1) The department shall prepare an annual report, including a set of tables summarizing data collected from the activities and maintenance of files specified in subdivisions (c) and (d) to the department. These annual data tables shall contain information that summarizes and categorizes, by category, and if applicable, subcategory, of each generator and location by county and identity of the generator, the nature, characteristics and the characteristics, total volume, volume by class, total activity 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) (3) 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.

SEC. 5.

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

115060.
 (a) The department shall provide by rule or regulation for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or devices or equipment utilizing these materials. That rule or regulation shall provide for 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 if 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 The regulations adopted pursuant to this chapter may provide for recognition of other state or federal licenses as the department may deem desirable, subject to the registration requirements as that 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 All persons who have a certificate for mammography equipment shall follow a quality assurance program to be adopted by the department to ensure the protection of the public health and safety.
(3) That quality Quality assurance tests, as determined by the department, are shall be 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 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 (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.

SEC. 6.

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

115061.
 (a) In order to better protect the public and radiation workers from unnecessary exposure to radiation and to reduce the occurrence of misdiagnosis, the Radiologic Health Branch within the State Department of Public Health Services shall adopt regulations that require personnel and facilities using radiation-producing equipment for medical and dental purposes to maintain and implement medical and dental quality assurance standards that protect the public health and safety by reducing unnecessary exposure to ionizing radiation while ensuring that images are of diagnostic quality. The standards shall require quality assurance tests to be performed on all radiation-producing equipment used for medical and dental purposes.
(b) The Radiologic Health Branch shall adopt the regulations described in subdivision (a) and provide the regulations to the health committees of the Assembly and the Senate on or before January 1, 2008.
(c) For purposes of this section, “medical and dental quality assurance” means the detection of a change in X-ray and ancillary equipment that adversely affects the quality of films or images and the radiation dose to the patients, and the correction of this change.

SEC. 7.

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

115080.
 (a) (1) 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 those thereto. The revenues derived from the fees 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 thereto. The fees shall, together with any other funds made available the department, be sufficient to cover the costs of administering this chapter, and shall be set in amounts 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 (Section 27), and Chapter 7.6 (commencing with Section 114960). Persons who pay fees shall not be required to pay, directly or indirectly, for the share of the costs of administering this chapter of 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 to those sections.
(2) The department may expend the revenues derived from the fees, together with other funds made available, for the purpose of carrying out the inspections of the sources of ionizing radiation required by this chapter or the regulations adopted pursuant to this chapter.
(3) The department shall set the fees so that together with any other funds made available to the department, the amount is sufficient to cover the costs of administering this chapter. The fees shall be set in amounts intended to cover the costs of administering this chapter for each priority source of ionizing radiation.
(4) 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 and the Radiologic Technology Act (Section 27).
(5) A person that 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.
(6) When setting fees, 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.
(b) A local agency participating in a negotiated agreement pursuant to Section 114990 shall be fully reimbursed for direct and indirect costs based upon activities governed by Section 115085. With respect to these agreements, any salaries, benefits, and other indirect costs shall not exceed comparable costs of the department. 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).
(e) The department shall establish fees for followup inspections related to the failure to correct violations of this chapter or regulations adopted pursuant to this chapter. The fees established by the department may be charged for each inspection visit.

SEC. 8.

 Section 115145 of the Health and Safety Code is amended to read:

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)  Proceedings 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.

SEC. 9.

  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.