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Public Act 096-1041
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| HB5203 Enrolled | LRB096 18465 JDS 33844 b |
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AN ACT concerning nuclear safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.21 and by adding Section 4.31 as follows:
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(5 ILCS 80/4.21)
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Sec. 4.21. Acts repealed on January 1, 2011. The following
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Acts are repealed
on January 1, 2011:
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The Fire Equipment Distributor and Employee Regulation Act |
of 2000.
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The Radiation Protection Act of 1990.
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(Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00; 92-16, |
eff.
6-28-01.)
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(5 ILCS 80/4.31 new) |
Sec. 4.31. Act repealed on January 1, 2021. The following |
Act is repealed on January 1, 2021: |
The Radiation Protection Act of 1990.
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Section 10. The Radiation Protection Act of 1990 is amended |
by changing Sections 4, 25 and 25.1 as follows:
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(420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4) |
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(Section scheduled to be repealed on January 1, 2011)
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Sec. 4. Definitions. As used in this Act:
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(a) "Accreditation" means the process by which the Agency |
grants permission to persons meeting the requirements of
this |
Act and the Agency's rules and regulations to engage in the
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practice of administering radiation to human beings.
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(a-2) "Agency" means the Illinois Emergency Management |
Agency.
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(a-3) "Assistant Director" means the Assistant Director of |
the Agency.
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(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; (3) any discrete source of radium-226 |
that is produced, extracted, or converted after extraction, |
before, on, or after August 8, 2005, for use for a commercial, |
medical, or research activity; (4) any material that has been |
made radioactive by use of a particle accelerator and is |
produced, extracted, or converted after extraction before, on, |
or after August 8, 2005, for use for a commercial, medical, or |
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research activity; and (5) any discrete source of naturally |
occurring radioactive material, other than source material, |
that is extracted or converted after extraction for use in |
commercial, medical, or research activity before, on, or after |
August 8, 2005, and which the U.S. Nuclear Regulatory |
Commission, in consultation with the Administrator of the |
Environmental Protection Agency, the Secretary of Energy, the |
Secretary of Homeland Security, and the head of any other |
appropriate Federal agency, determines would pose a threat to |
the public health and safety or the common defense and security |
similar to the threat posed by a discrete source or radium-226.
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(b) (Blank).
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(c) (Blank).
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(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.
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(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 |
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program in Illinois.
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(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.
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(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.
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(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.
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(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
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include sound or radio waves or visible, infrared, or |
ultraviolet
light.
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(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.
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(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.
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(h) "Radiation machine" is any device that produces |
radiation when in
use.
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(i) "Radioactive material" means any solid, liquid, or |
gaseous
substance which emits radiation spontaneously.
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(j) "Radiation source" or "source of ionizing radiation" |
means a
radiation machine or radioactive material as defined |
herein.
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(k) "Source material" means (1) uranium, thorium, or any |
other
material which the Agency declares by order to be source
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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
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determined the material in such concentration to be source |
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material.
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(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.
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(m) "Specific license" means a license, issued after
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application, to use, manufacture, produce, transfer, receive, |
acquire,
own, or possess quantities of, or devices or equipment |
utilizing
radioactive materials.
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(Source: P.A. 94-104, eff. 7-1-05; 95-511, eff. 8-28-07; |
95-777, eff. 8-4-08.)
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(420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25) |
(Section scheduled to be repealed on January 1, 2011)
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Sec. 25. Radiation inspection and testing; fees.
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(a) The Agency shall inspect and test radiation
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installations and
radiation sources, their immediate |
surroundings and records concerning their
operation to |
determine whether or not any radiation resulting therefrom is |
or
may be detrimental to health. For the purposes of this |
Section, "radiation
installation" means any location or |
facility where radiation machines are
used. Radiation |
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installations shall be inspected according to frequencies |
established by the Agency based upon the associated radiation |
hazards, as determined by the Agency. The inspection and |
testing frequency of a radiation installation shall
be based on |
the installation's class designation in accordance with |
subsection
(f).
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(a-5) Inspections of mammography installations shall also |
include evaluation
of the quality of mammography phantom images |
produced by mammography
equipment. The Agency shall promulgate |
rules establishing
procedures
and acceptance standards for |
evaluating the quality of mammography phantom
images.
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Beginning on the effective date of this amendatory Act of |
1997 and until
June 30, 2000, the fee for inspection and |
testing shall be paid yearly at an
annualized rate based on the |
classifications and frequencies set forth in
subsection (f). |
The annualized fee for inspection and testing shall be based
on |
the rate of $55 per radiation machine for machines located in |
dental offices
and clinics and used solely for dental |
diagnosis, located in veterinary
offices and used solely for |
diagnosis, or located in offices and clinics of
persons |
licensed under the Podiatric Medical Practice Act of 1987 and |
shall
be based on the rate of $80 per radiation machine for all |
other radiation
machines. The Department of Nuclear Safety may |
adopt rules detailing the
annualized rate
structure. For the |
year beginning January 1, 2000, the annual fee for
inspection |
and testing of Class D radiation installations shall be $25 per
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radiation machine. The Department is authorized to bill the
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fees listed in
this paragraph as part of the annual fee |
specified in Section 24.7 of this
Act.
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Beginning July 1, 2000, the Department of Nuclear Safety or |
its successor
agency, the Illinois Emergency Management |
Agency, shall establish the fees
under
Section 24.7 of this Act |
by rule, provided that no increase of the fees shall
take |
effect before January 1, 2001.
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(b) (Blank).
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(c) (Blank).
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(d) (Blank).
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(e) (Blank).
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(f) (Blank). (f) For purposes of this Section, radiation |
installations
shall be divided into 4 classes:
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Class A - Class A shall include dental offices and |
veterinary offices
with radiation machines used solely for |
diagnosis and all installations
using commercially |
manufactured cabinet radiographic/fluoroscopic radiation
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machines. Operators of Class A installations shall have |
their radiation
machines inspected and tested every 5 years |
by the Agency.
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Class B - Class B shall include offices or clinics of |
persons licensed
under the Medical Practice Act of 1987 or |
the Podiatric Medical Practice
Act of 1987 with radiation |
machines used solely for diagnosis and all
installations |
using spectroscopy radiation machines, noncommercially
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manufactured cabinet radiographic/fluoroscopic radiation |
machines, portable
radiographic/fluoroscopic units, |
non-cabinet baggage/package fluoroscopic
radiation |
machines and electronic beam welders. Operators of Class B
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installations shall have their radiation machines |
inspected and tested every
2 years by the Agency.
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Class C - Class C shall include installations using
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diffraction radiation machines, open radiography radiation |
machines, closed
radiographic/fluoroscopic radiation |
machines and radiation machines used as
gauges. Test |
booths, bays, or rooms used by manufacturing,
assembly or |
repair facilities for testing radiation machines shall be
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categorized as Class C radiation installations. Operators |
of Class C
installations shall have their radiation |
machines inspected and tested
annually by the Agency.
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Class D - Class D shall include all hospitals and all |
other facilities
using mammography, computed tomography |
(CT), or therapeutic radiation machines.
Each operator of a |
Class D installation shall maintain a comprehensive
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radiation protection program. The individual or |
individuals responsible for
implementing this program |
shall register with the Department of Nuclear
Safety or its |
successor agency, the Illinois Emergency Management |
Agency, in
accordance
with Section 25.1. As part of this |
program, the registered individual or
individuals shall |
conduct an annual performance evaluation of all radiation
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machines and oversee the equipment-related quality |
assurance practices within
the installation. The |
registered individual or individuals shall determine and
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document whether the installation's radiation machines are |
being maintained and
operated in accordance with standards |
promulgated by the Agency. Class D
installation shall be |
inspected annually by the Agency.
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(f-1) (Blank). (f-1) Radiation installations for which |
more than one class is applicable
shall be assigned the |
classification requiring the most frequent inspection and
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testing.
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(f-2) (Blank). (f-2) Radiation installations not |
classified as Class A, B, C, or D shall
be inspected according |
to frequencies established by the Agency based upon
the |
associated radiation hazards, as determined by the Agency.
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(g) The Agency is authorized to maintain a facility for
the |
purpose
of calibrating radiation detection and measurement |
instruments in
accordance with national standards. The Agency |
may make
calibration
services available to public or private |
entities within or outside of
Illinois and may assess a |
reasonable fee for such services.
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(Source: P.A. 94-104, eff. 7-1-05.)
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(420 ILCS 40/25.1)
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(Section scheduled to be repealed on January 1, 2011)
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Sec. 25.1. Each Beginning January 1, 2000, each individual |
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responsible for
implementing a comprehensive radiation |
protection program for all hospitals and other facilities using |
mammography, computed tomography (CT), or therapeutic |
radiation machines Class D
installations, as described in |
Section 25(f) of this Act, shall be required to
register with |
the Department of Nuclear Safety or its successor agency, the
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Illinois Emergency Management Agency. Application for |
registration shall be
made on a
form prescribed by the Agency |
and shall be accompanied by
the required
application fee. The |
Agency shall approve the application
and register an
individual |
if the individual satisfies criteria established by rule of the
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Agency. The Agency shall assess
registered individuals an |
annual
registration fee. The Agency shall establish by rule
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application and
registration fees. The application and |
registration fees shall not be
refundable.
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(Source: P.A. 94-104, eff. 7-1-05.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |