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.