2005 California Health and Safety Code Sections 114960-114985 Article 1. General

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 regulatory program for sources of ionizing
radiation so as to provide for:  (a) compatibility with the standards
and regulatory programs of the federal government, (b) an integrated
effective system of regulation within the State, and (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:
   (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 co-operation 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
Sections 25733 and 114920 of this code.
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 collected under Sections 107100, 107160,
115045, 115065, and 115080, and the regulations adopted pursuant to
those sections, shall be deposited in the Radiation Control Fund to
cover the costs related to the enforcement of this chapter,
including, but not limited to, implementation of Section 115000,
Article 6 (commencing with Section 107150) of Chapter 4 of Part 1,
and the Radiologic Technology Act (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 Radiation Control Fund,
all interest earned by the Radiation Control Fund shall be deposited
in the Radiation Control Fund.
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 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, 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 (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 containing one or more of the foregoing materials, in such
concentration as the department declares by rule to be source
material after the United States Nuclear Regulatory Commission, or
any successor thereto, has determined the material in such
concentration to be source material.
   (f) "Special nuclear material" means (1) plutonium, uranium 233,
uranium enriched in the isotope 233 or in the isotope 235, and any
other material which the department declares by rule to be special
nuclear material after the United States Nuclear Regulatory
Commission, or any successor thereto, has determined the  material to
be such, but does not include source material; or (2) any material
artificially enriched by any of the foregoing, 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,
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 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.