Public Act 095-0511
 		





SB1479 Enrolled
LRB095 04088 CMK 24126 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Radiation Protection Act of 1990 is amended  
by changing Sections 4 and 31 as follows:
 
    (420 ILCS 40/4)  (from Ch. 111 1/2, par. 210-4)

    (Section scheduled to be repealed on January 1, 2011)


    Sec. 4. Definitions.   As used in this Act:


    (a) "Accreditation" means the process by which the Agency 
grants permission to persons meeting the requirements of
this 
Act and the Department's rules and regulations to engage in the

practice of administering radiation to human beings.


    (a-2) "Agency" means the Illinois Emergency Management 
Agency.


    (a-3) "Assistant Director" means the Assistant Director of 
the Agency.


    (a-5) "By-product material" means: (1) any radioactive 
material
(except special nuclear material) yielded in or made 
radioactive by exposure to
radiation incident to the process of 
producing or utilizing special nuclear
material; and (2) the 
tailings or wastes produced by the extraction or
concentration 
of uranium or thorium from any ore processed primarily for
its 
source material content, including discrete surface wastes 
resulting
from underground solution extraction processes but 
not including
underground ore bodies depleted by such solution 
extraction processes.


    (b) (Blank).



    (c) (Blank).



    (d) "General license" means a license, pursuant to 
regulations
promulgated by the Agency, effective without the 
filing of
an
application to transfer, acquire, own, possess or 
use quantities of, or
devices or equipment utilizing, 
radioactive material, including but not
limited to by-product, 
source or special nuclear
materials.


    (d-1) "Identical in substance" means the regulations 
promulgated by the Agency would require the same actions with 
respect to ionizing radiation, for the same group of affected 
persons, as would federal laws, regulations, or orders if any 
federal agency, including but not limited to the Nuclear 
Regulatory Commission, Food and Drug Administration, or 
Environmental Protection Agency, administered the subject 
program in Illinois.

    (d-3) "Mammography" means radiography of the breast 
primarily for the
purpose of enabling a physician to determine 
the presence, size, location and
extent of cancerous or 
potentially cancerous tissue in the breast.


    (d-7) "Operator" is an individual, group of individuals, 
partnership, firm,
corporation, association, or other entity 
conducting the business or activities
carried on within a 
radiation installation.


    (e) "Person" means any individual, corporation, 
partnership,
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, or any successor thereto, and other
than 
federal government agencies licensed by the United States 
Nuclear
Regulatory Commission, or any successor thereto. 
"Person" also includes a
federal entity (and its contractors) 
if the federal entity agrees to be
regulated by the State or as 
otherwise allowed under federal law.


    (f) "Radiation" or "ionizing radiation" means gamma rays 
and x-rays,
alpha and beta particles, high speed electrons, 
neutrons, protons, and
other nuclear particles or 
electromagnetic radiations capable of producing
ions directly 
or indirectly in their passage through matter; but does not

include sound or radio waves or visible, infrared, or 
ultraviolet
light.


    (f-5) "Radiation emergency" means the uncontrolled
release 
of radioactive material from a radiation installation which 
poses
a potential threat to the public health, welfare, and 
safety.


    (g) "Radiation installation" is any location or facility 
where
radiation machines are used or where radioactive material 
is produced,
transported, stored, disposed of, or used for any 
purpose.


    (h) "Radiation machine" is any device that produces 
radiation when in
use.


    (i) "Radioactive material" means any solid, liquid, or 
gaseous
substance which emits radiation spontaneously.


    (j) "Radiation source" or "source of ionizing radiation" 
means a
radiation machine or radioactive material as defined 
herein.


    (k) "Source material" means (1) uranium, thorium, or any 
other
material which the Agency declares by order 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
Agency 
declares by order 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.


    (l) "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 Agency declares 
by order 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.


    (m) "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
radioactive materials.


(Source: P.A. 94-104, eff. 7-1-05.)

 
    (420 ILCS 40/31)  (from Ch. 111 1/2, par. 210-31)

    (Section scheduled to be repealed on January 1, 2011)


    Sec. 31. Rulemaking; exemptions.

    (a) The provisions of the Illinois Administrative 
Procedure Act are
hereby expressly adopted and shall apply to 
all administrative rules and
procedures of the Agency under 
this Act, except that in case
of
conflict between the Illinois 
Administrative Procedure Act and this Act the
provisions of 
this Act shall control, and except that Section 5-35 of
the 
Illinois Administrative Procedure Act relating to procedures 
for
rule-making does not apply to the adoption of any rule 
required by federal
law in connection with which the Agency is 
precluded by law
from
exercising any discretion.


    (b) The Agency is exempt from rulemaking procedures in the 
Illinois Administrative Procedure Act when regulations that 
are identical in substance are necessary to implement, secure, 
or maintain federal authorization for a program. After 
consideration of comments from the appropriate federal agency, 
the Agency may adopt the verbatim text of the laws, 
regulations, or orders as necessary and appropriate for 
authorization or maintenance of the program. For purposes of 
this Section only, the term "order" is defined as a legal 
directive by a federal agency regarding an issue, situation, or 
a specific action. In adopting identical in substance 
regulations, the only changes that may be made by the Agency to 
the federal laws, regulations, or orders are those changes that 
are necessary for compliance with the Illinois Administrative 
Code and technical changes that in no way change the scope or 
meaning of any portion of the regulations, except as follows:
        (1) The Agency shall not adopt the equivalent of 
    federal laws, regulations, or orders that:
            (a) are not applicable to persons or facilities in 
        Illinois;
            (b) are appropriate only in federal 
        agency-administered programs; or
            (c) govern actions to be taken by other federal 
        agencies or states.

        (2) The Agency shall not adopt regulations prescribing 
    things that are outside the Agency's normal functions.

        (3) If a federal agency regulation prescribes the 
    contents of a state regulation without setting forth the 
    regulation itself, which would be an integral part of any 
    regulation required to be adopted as an identical in 
    substance regulation as prescribed, the Agency shall adopt 
    a regulation as prescribed by the federal agency to the 
    extent possible and consistent with other relevant federal 
    agency regulations and existing State law.

        (4) The Agency may incorporate federal agency laws, 
    regulations, or orders by reference if it is possible to do 
    so.

        (5) The Agency may correct typographical and 
    grammatical errors.

        (6) For regulations required by the Nuclear Regulatory 
    Commission, the Agency may substitute the word 
    "radioactive" for the word "by-product" when referring to 
    radioactive material.

    (c) For exempt identical in substance rulemakings, the 
Agency shall: (i) publish first notice of the rulemaking in the 
Illinois Register in accordance with the Illinois 
Administrative Procedure Act to provide  public notice and 
opportunity for public comment; (ii)  specifically refer to the 
appropriate federal laws, regulations, or orders; and (iii) 
follow the format reasonably prescribed by the Secretary of 
State by rule. The rulemakings adopted under this Section 
become effective following the first notice period immediately 
upon filing for adoption with the Secretary of State or at a 
date required or authorized by the relevant federal laws, 
regulations, or orders as stated in the notice of the 
rulemaking, and shall be published in the Illinois Register.

(Source: P.A. 94-104, eff. 7-1-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.