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. 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 provide that with certain exceptions the regulations, adopted by the Nuclear Regulatory Commission in effect on January 1, 2014, are deemed to be the regulations of this state and adopted pursuant to the Radiation Control Law, if the regulations, among other things, are required by federal law or regulation to be adopted by an agreement state in an essentially identical manner. The bill would provide for the adoption of future federal regulations, including amendment thereto, if the department finds the regulations meet that criteria. The bill would require the department to adopt regulations that it determines are necessary for the administration and enforcement of the adopted federal regulations. 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 also make conforming changes and delete obsolete provisions and erroneous 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.