Public Act 096-1041
 
HB5203 EnrolledLRB096 18465 JDS 33844 b

    AN ACT concerning nuclear safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.21 and by adding Section 4.31 as follows:
 
    (5 ILCS 80/4.21)
    Sec. 4.21. Acts repealed on January 1, 2011. The following
Acts are repealed on January 1, 2011:
    The Fire Equipment Distributor and Employee Regulation Act
of 2000.
    The Radiation Protection Act of 1990.
(Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00; 92-16,
eff. 6-28-01.)
 
    (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 Act repealed on January 1, 2021.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Act is repealed on January 1, 2021: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.
 
    Section 10. The Radiation Protection Act of 1990 is amended
by changing Sections 4, 25 and 25.1 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    (Section scheduled to be repealed on January 1, 2011)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 Agency'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; (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
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.
    (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; 95-511, eff. 8-28-07;
95-777, eff. 8-4-08.)
 
    (420 ILCS 40/25)  (from Ch. 111 1/2, par. 210-25)
    (Section scheduled to be repealed on January 1, 2011)
    Sec. 25. Radiation inspection and testing; fees.
    (a) The Agency shall inspect and test radiation
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
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).
    (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.
    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
radiation machine. The Department is authorized to bill the
fees listed in this paragraph as part of the annual fee
specified in Section 24.7 of this Act.
    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.
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank). (f) For purposes of this Section, radiation
installations shall be divided into 4 classes:
        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
    machines. Operators of Class A installations shall have
    their radiation machines inspected and tested every 5 years
    by the Agency.
        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
    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
    installations shall have their radiation machines
    inspected and tested every 2 years by the Agency.
        Class C - Class C shall include installations using
    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
    categorized as Class C radiation installations. Operators
    of Class C installations shall have their radiation
    machines inspected and tested annually by the Agency.
        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
    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
    machines and oversee the equipment-related quality
    assurance practices within the installation. The
    registered individual or individuals shall determine and
    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.
    (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
testing.
    (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.
    (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.
(Source: P.A. 94-104, eff. 7-1-05.)
 
    (420 ILCS 40/25.1)
    (Section scheduled to be repealed on January 1, 2011)
    Sec. 25.1. Each Beginning January 1, 2000, each individual
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
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
Agency. The Agency shall assess registered individuals an
annual registration fee. The Agency shall establish by rule
application and registration fees. The application and
registration fees shall not be refundable.
(Source: P.A. 94-104, eff. 7-1-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2010