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 Acts repealed on January 1, 2011.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Acts are repealed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 Act repealed on January 1, 2021.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Act is repealed on January 1, 2021: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    (Section scheduled to be repealed on January 1, 2011)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.