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    (Section scheduled to be repealed on January 1, 2011)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