2009 California Health and Safety Code - Section 114815-114835 :: Article 3. Transportation Of Radioactive Materials

114815.  For the purposes of this article the term "radioactive
materials" shall include any material or combination of materials
that spontaneously emits ionizing radiation.

114820.  (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, with respect to any fissile radioactive material coming
within the definition of "fissile class II," "fissile class III,"
"large quantity radioactive materials," or "low-level radioactive
waste" provided by the regulations of the United States Department of
Transportation (49 C.F.R. 173.389), do all of the following:
   (1) Study the adequacy of current packaging requirements for
radioactive materials.
   (2) Study the effectiveness of special routing and timing of
radioactive materials shipments for the protection of the public
health.
   (3) Study the advantages of establishing a tracking system for
shipments of most hazardous radioactive materials.
   (b) 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.
   (c) Subject to Section 114765, the department, in cooperation with
the Department of the California Highway Patrol, shall adopt, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, reasonable
regulations that, in the judgment of the department, promote the safe
transportation of radioactive materials. The regulations shall (1)
prescribe the use of signs designating radioactive material cargo;
shall designate, in accordance with the results of the studies done
pursuant to subdivision (a), 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, but shall
not include the equipment and operation of the carrier vehicle; and
(3) be reviewed and amended, as required, pursuant to Section 114765.
The regulations shall be compatible with those established by the
federal agency or agencies required or permitted by federal law to
establish the regulations.
   (d) Subject to Section 114765, 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.

114825.  Regulations adopted by the department pursuant to Section
114820 may be enforced, within their respective jurisdictions, by any
authorized representatives of the department, the Division of
Industrial Safety of the Department of Industrial Relations, the
Public Utilities Commission, the health department of any city or
county, the Department of the California Highway Patrol, or any
traffic officer as defined by Section 625 of the Vehicle Code.

114830.  It is the legislative intention in enacting this article
that the regulations adopted by the department pursuant to this
article shall apply uniformly throughout the state, and no state
agency, city, county, or other political subdivision of this state,
including a chartered city or county, shall adopt or enforce any
ordinance or regulation that is inconsistent with the regulations
adopted by the department pursuant to this article.

114835.  A violation of any regulation adopted by the department
pursuant to Section 114820 is a misdemeanor.