Health and Safety Code — Part 15 | HSC — United States — California law | Esheria

Health and Safety Code

Part 15 of 87 · provisions 2,801–3,000

This section says the act is to be known as the Health and Safety Code.

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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 11479.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    Law enforcement may destroy certain seized phencyclidine items without a court order if sampling, photos, and weighing requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11479.1. (a) Notwithstanding the provisions of Sections 11473, 11473.5, and 11479, at any time after seizure by a law enforcement agency and identification by a forensic chemist or criminalist of phencyclidine, or an analog thereof, that amount in excess of one gram of a crystalline substance containing phencyclidine or its analog, 10 milliliters of a liquid substance containing phencyclidine or its analog, two grams of plant material containing phencyclidine or its analog, or five hand-rolled cigarettes treated with phencyclidine or its analog, may be destroyed without a court order by the chief of the law enforcement agency or a designated subordinate. Destruction shall not take place pursuant to this section until all of the following requirements are satisfied: (1) At least one gram of a crystalline substance containing phencyclidine or its analog, 10 milliliters of a liquid substance containing phencyclidine or its analog, two grams of plant material containing phencyclidine or its analog, or five hand-rolled cigarettes treated with phencyclidine or its analog have been taken as samples from the phencyclidine or analog to be destroyed. (2) Photographs have been taken which reasonably demonstrate the total amount of phencyclidine or its analog to be destroyed. (3) The gross weight of the phencyclidine or its analog has been determined by actually weighing the phencyclidine or analog. (b) Subsequent to any destruction of phencyclidine or its analog, an affidavit shall be filed within 30 days in the court which has jurisdiction over any pending criminal proceedings pertaining to that phencyclidine or its analog, reciting the applicable information required by paragraphs (1), (2), and (3) of subdivision (a), together with information establishing the location of the phencyclidine or analog and specifying the date and time of the destruction. In the event that there are no criminal proceedings pending which pertain to that phencyclidine or analog, the affidavit may be filed in any court within the county which would have jurisdiction over a person against whom these criminal charges might be filed. (Amended by Stats. 2002, Ch. 787, Sec. 4. Effective January 1, 2003.)
  2. 11479.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    A court may allow destruction of a seized suspected controlled substance over 57 grams, except cannabis, if the listed procedural requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11479.2. Notwithstanding the provisions of Sections 11473, 11473.5, 11474, 11479, and 11479.1, at any time after seizure by a law enforcement agency of a suspected controlled substance, except cannabis, any amount, as determined by the court, in excess of 57 grams may, by court order, be destroyed by the chief of a law enforcement agency or a designated subordinate. Destruction shall not take place pursuant to this section until all of the following requirements are satisfied: (a) At least five random and representative samples have been taken, for evidentiary purposes, from the total amount of suspected controlled substances to be destroyed. Those samples shall be in addition to the 57 grams required above and each sample shall weigh not less than one gram at the time the sample is collected. (b) Photographs have been taken which reasonably demonstrate the total amount of the suspected controlled substance to be destroyed. (c) The gross weight of the suspected controlled substance has been determined, either by actually weighing the suspected controlled substance or by estimating such weight after dimensional measurement of the total suspected controlled substance. (d) In cases involving controlled substances suspected of containing cocaine or methamphetamine, an analysis has determined the qualitative and quantitative nature of the suspected controlled substance. (e) The law enforcement agency with custody of the controlled substance sought to be destroyed has filed a written motion for the order of destruction in the court which has jurisdiction over any pending criminal proceeding in which a defendant is charged by accusatory pleading with a crime specifically involving the suspected controlled substance sought to be destroyed. The motion shall, by affidavit of the chief of the law enforcement agency or designated subordinate, recite the applicable information required by subdivisions (a), (b), (c), and (d), together with information establishing the location of the suspected controlled substance and the title of any pending criminal proceeding as defined in this subdivision. The motion shall bear proof of service upon all parties to any pending criminal proceeding. No motion shall be made when a defendant is without counsel until the defendant has entered his or her plea to the charges. (f) The order for destruction shall issue pursuant to this section upon the motion and affidavit in support of the order, unless within 20 days after application for the order, a defendant has requested, in writing, a hearing on the motion. Within 10 days after the filing of that request, or a longer period of time upon good cause shown by either party, the court shall conduct a hearing on the motion in which each party to the motion for destruction shall be permitted to call and examine witnesses. The hearing shall be recorded. Upon conclusion of the hearing, if the court finds that the defendant would not be prejudiced by the destruction, it shall grant the motion and make an order for destruction. In making the order, the court shall ensure that the representative samples to be retained are of sufficient quantities to allow for qualitative analyses by both the prosecution and the defense. Any order for destruction pursuant to this section shall include the applicable information required by subdivisions (a), (b), (c), (d), and (e) and the name of the agency responsible for the destruction. Unless waived, the order shall provide for a 10-day delay prior to destruction in order to allow expert analysis of the controlled substance by the defense. Subsequent to any destruction of a suspected controlled substance pursuant to this section, an affidavit shall be filed within 30 days in the court which ordered destruction stating the location of the retained, suspected controlled substance and specifying the date and time of destruction. This section does not apply to seizures involving hazardous chemicals or controlled substances in mixture or combination with hazardous chemicals. (Amended by Stats. 2017, Ch. 27, Sec. 155. (SB 94) Effective June 27, 2017.)
  3. 11479.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    Law enforcement may dispose of certain seized hazardous chemicals without a court order, but only above specified ounce thresholds and only after required sampling, photographs, and measurement steps are completed.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11479.5. (a) Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected hazardous chemical, the chemical’s container, or any item contaminated with a hazardous substance believed to have been used or intended to have been used in the unlawful manufacture of controlled substances, that amount in excess of one fluid ounce if liquid, or one avoirdupois ounce if solid, of each different type of suspected hazardous chemical, its container, and any item contaminated with a hazardous substance may be disposed of without a court order by the seizing agency. For the purposes of this section, “hazardous chemical” means any material that is believed by the chief of the law enforcement agency, or his or her designee, to be toxic, carcinogenic, explosive, corrosive, or flammable, and that is believed by the chief of the law enforcement agency, or his or her designee, to have been used or intended to have been used in the unlawful manufacture of controlled substances. (b) Destruction pursuant to this section of suspected hazardous chemicals or suspected hazardous chemicals and controlled substances in combination, or the chemical containers and items contaminated with a hazardous substance, shall not take place until all of the following requirements are met: (1) At least a one ounce sample is taken from each different type of suspected hazardous chemical to be destroyed. (2) At least a one ounce sample has been taken from each container of a mixture of a suspected hazardous chemical with a suspected controlled substance. (3) Photographs have been taken which reasonably demonstrate the total amount of suspected controlled substances and suspected hazardous chemicals to be destroyed. (4) The gross weight or volume of the suspected hazardous chemical seized has been determined. (5) Photographs have been taken of the chemical containers and items contaminated with a hazardous substance that reasonably demonstrate their size. (c) Subsequent to any disposal of a suspected hazardous chemical, its container, or any item contaminated with a hazardous substance pursuant to this section, the law enforcement agency involved shall maintain records concerning the details of its compliance with, and reciting the applicable information required by paragraphs (1), (2), (3), (4), and (5) of subdivision (b), together with the information establishing the location of the suspected hazardous chemical, its container, and any item contaminated with a hazardous substance, and specifying the date and time of the disposal. (d) (1) Subsequent to any destruction of a suspected controlled substance in combination with a hazardous chemical or any item contaminated with a hazardous substance pursuant to this section, an affidavit containing applicable information required by paragraphs (1), (2), (3), (4), and (5) of subdivision (b) shall be filed within 30 days in the court that issued the search warrant. (2) If the disposed materials were seized without a warrant, an affidavit containing applicable information required by paragraphs (1), (2), (3), (4), and (5) of subdivision (b) shall be filed in the court that has jurisdiction over any criminal proceedings pertaining to the suspected controlled substance after the criminal proceedings are initiated. (e) A law enforcement agency responsible for the disposal of any hazardous chemical shall comply with the provisions of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as well as all applicable state and federal statutes and regulations. (Amended by Stats. 2002, Ch. 443, Sec. 1. Effective January 1, 2003.)
  4. 114790.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Radiation monitoring information from a nuclear powerplant’s technical support center or emergency operating facility must be sent at the same time to the Office of Emergency Services State Warning Center.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114790. The information transmitted to the radiation monitoring displays in the technical support center or emergency operating facility of a nuclear powerplant shall be simultaneously transmitted to the Office of Emergency Services State Warning Center. (Amended by Stats. 2013, Ch. 352, Sec. 390. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  5. 114795.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Utilities that comply with this article may have their related costs included in ratemaking or rates, depending on whether they are privately owned or publicly owned.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114795. The funds expended by privately owned utilities complying with this article shall be allowed for ratemaking purposes by the Public Utilities Commission. Publicly owned utilities shall include funds expended complying with this article in their rates. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  6. 11480.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    The panel must choose a chairperson every year, the Attorney General must keep employing an executive officer and needed staff, and panel members serve without pay but can be reimbursed for actual and necessary expenses.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11480. (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects. (b) There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power. (c) The panel shall annually select a chairperson from among its members. In order to ensure continuity, the Attorney General shall also continue to employ an executive officer of the panel and necessary employees, whose duties shall include, but not be limited to, coordinating with the panel’s chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies. (d) Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties. (Amended by Stats. 2025, Ch. 571, Sec. 4. (AB 1103) Effective January 1, 2026.)
  7. 11480.3.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    The panel may withdraw approval of a research project for reasonable cause, but it must first give written notice and a chance to cure concerns. After withdrawal, the project head must return or destroy certain controlled substances.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11480.3. (a) The panel may withdraw approval from a research project for reasonable cause. (b) Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure. (c) Approval may be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel. (d) Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples. (Added by Stats. 2025, Ch. 571, Sec. 7. (AB 1103) Effective January 1, 2026.)
  8. 11480.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    The Research Advisory Panel must report to the Legislature by January 1, 2026, with an update on the backlog of applications, including how many have been reviewed and how many are still pending. The section also applies only until January 1, 2028, when it is repealed.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11480.5. (a) The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code. (b) The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review. (c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2025, Ch. 571, Sec. 8. (AB 1103) Effective January 1, 2026. Repealed as of January 1, 2028, by its own provisions.)
  9. 114800.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A plant operator cannot be required to spend more than $1,000,000 in capital outlay for a nuclear powerplant site when complying with this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114800. In no event shall a plant operator be required to spend more than one million dollars ($1,000,000) in capital outlay for a nuclear powerplant site in complying with this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  10. 114805.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This article does not require powerplant modifications or operations that would conflict with NRC license conditions, other NRC-authorized activities, or EPA regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114805. Nothing in this article shall require powerplant modifications or the conduct of operations that may be in conflict with conditions of the license to operate issued by the Nuclear Regulatory Commission or with other activities authorized by the Nuclear Regulatory Commission, or that may be in conflict with regulations of the Environmental Protection Agency. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  11. 114810.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Failure to comply with this article cannot be used as the basis for a court or administrative action to stop or prevent a nuclear facility from operating or starting up.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114810. Failure to comply with this article shall not constitute the basis for an action in a court of law or in an administrative proceeding to enjoin or prevent the operation or start-up of a nuclear facility. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  12. 114815.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    For this article, “radioactive materials” includes any material or combination of materials that spontaneously emits ionizing radiation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114815. For the purposes of this article the term “radioactive materials” shall include any material or combination of materials that spontaneously emits ionizing radiation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  13. 114820.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department and the California Highway Patrol must study radioactive-material transport risks and adopt safety regulations for shipments.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114820. (a) The department, with the assistance of the Office of Emergency Services, the State Energy Resources Conservation and Development Commission, and the Department of the California Highway Patrol shall, with respect to any fissile radioactive material coming within the definition of “fissile class II,” “fissile class III,” “large quantity radioactive materials,” or “low-level radioactive waste” provided by the regulations of the United States Department of Transportation (49 C.F.R. 173.389), do all of the following: (1) Study the adequacy of current packaging requirements for radioactive materials. (2) Study the effectiveness of special routing and timing of radioactive materials shipments for the protection of the public health. (3) Study the advantages of establishing a tracking system for shipments of most hazardous radioactive materials. (b) The department, with the assistance of the Office of Emergency Services, the State Energy Resources Conservation and Development Commission, and the Department of the California Highway Patrol, shall extend the nuclear emergency response plan to include radioactive materials in transit and provide training for law enforcement officers in dealing with those threats. (c) Subject to Section 114765, the department, in cooperation with the Department of the California Highway Patrol, shall adopt, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable regulations that, in the judgment of the department, promote the safe transportation of radioactive materials. The regulations shall (1) prescribe the use of signs designating radioactive material cargo; shall designate, in accordance with the results of the studies done pursuant to subdivision (a), the manner in which the shipper shall give notice of the shipment to appropriate authorities; (2) prescribe the packing, marking, loading, and handling of radioactive materials, and the precautions necessary to determine whether the material when offered is in proper condition to transport, but shall not include the equipment and operation of the carrier vehicle; and (3) be reviewed and amended, as required, pursuant to Section 114765. The regulations shall be compatible with those established by the federal agency or agencies required or permitted by federal law to establish the regulations. (d) Subject to Section 114765, the Department of the California Highway Patrol, after consulting with the department, shall adopt regulations specifying the time at which shipments may occur and the routes that are to be used in the transportation of cargoes of hazardous radioactive materials, as those materials are defined in regulations of the department. (Amended by Stats. 2013, Ch. 352, Sec. 391. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  14. 114825.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Regulations adopted by the department under Section 114820 may be enforced by specified agencies and officers within their respective jurisdictions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114825. Regulations adopted by the department pursuant to Section 114820 may be enforced, within their respective jurisdictions, by any authorized representatives of the department, the Division of Industrial Safety of the Department of Industrial Relations, the Public Utilities Commission, the health department of any city or county, the Department of the California Highway Patrol, or any traffic officer as defined by Section 625 of the Vehicle Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  15. 11483.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section says the division must not be read to prohibit a licensed narcotic treatment program from being established or operated effectively.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11483. No provision of this division shall be construed to prohibit the establishment and effective operation of a narcotic treatment program licensed pursuant to Article 4 (commencing with Section 11885) of Chapter 1 of Part 3 of Division 10.5. (Amended by Stats. 1995, Ch. 455, Sec. 12. Effective September 5, 1995.)
  16. 114830.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Local agencies may not adopt or enforce rules that conflict with the department’s regulations under this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114830. It is the legislative intention in enacting this article that the regulations adopted by the department pursuant to this article shall apply uniformly throughout the state, and no state agency, city, county, or other political subdivision of this state, including a chartered city or county, shall adopt or enforce any ordinance or regulation that is inconsistent with the regulations adopted by the department pursuant to this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  17. 114835.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating a department regulation adopted under Section 114820 is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Transportation of Radioactive Materials [114815 - 114835] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114835. A violation of any regulation adopted by the department pursuant to Section 114820 is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  18. 114840.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Declaration of Policy [114840 - 114845] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The chapter states a policy to protect people from excessive or improper exposure to ionizing radiation and to set education, training, and experience standards for people who use X-rays on humans.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Declaration of Policy [114840 - 114845] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114840. The Legislature finds and declares that the public health interest requires that the people of this state be protected from excessive and improper exposure to ionizing radiation. It is the purpose of this chapter to establish standards of education, training, and experience for persons who use X-rays on human beings and to prescribe means for assuring that these standards are met. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  19. 114845.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Declaration of Policy [114840 - 114845] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Legislature states that public health requires stronger steps to improve mammogram accuracy.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Declaration of Policy [114840 - 114845] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114845. The Legislature finds and declares that the public health interest requires that increased steps be taken to ensure the accuracy of mammograms, including increased inspections and calibration of equipment, competency requirements for radiologic technologists, accreditation of mammography facilities, and the use of computers to read mammograms. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  20. 11485.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Certain peace officers must give notice and publish/post it when they seize cannabis-related property under specified conditions; if no owner claims it after 90 days, the property is treated as abandoned and may be sold at auction or transferred.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11485. Any peace officer of this state who, incident to a search under a search warrant issued for a violation of Section 11358 with respect to which no prosecution of a defendant results, seizes personal property suspected of being used in the planting, cultivation, harvesting, drying, processing, or transporting of cannabis, shall, if the seized personal property is not being held for evidence or destroyed as contraband, and if the owner of the property is unknown or has not claimed the property, provide notice regarding the seizure and manner of reclamation of the property to any owner or tenant of real property on which the property was seized. In addition, this notice shall be posted at the location of seizure and shall be published at least once in a newspaper of general circulation in the county in which the property was seized. If, after 90 days following the first publication of the notice, no owner appears and proves his or her ownership, the seized personal property shall be deemed to be abandoned and may be disposed of by sale to the public at public auction as set forth in Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code, or may be disposed of by transfer to a government agency or community service organization. Any profit from the sale or transfer of the property shall be expended for investigative services with respect to crimes involving cannabis. (Amended by Stats. 2017, Ch. 27, Sec. 157. (SB 94) Effective June 27, 2017.)
  21. 114850.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Definitions [114850- 114850.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines terms used in the Radiologic Technology Act and this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Definitions [114850- 114850.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114850. For the purposes of the Radiologic Technology Act (Section 27) and this chapter: (a) “Department” means the State Department of Public Health. (b) “Committee” means the Radiologic Technology Certification Committee. (c) “Radiologic technology” means the application of x-rays on human beings for diagnostic or therapeutic purposes. (d) “Radiologic technologist” means any person, other than a licentiate of the healing arts, making application of x-ray to human beings for diagnostic, mammographic, or therapeutic purposes pursuant to subdivision (b) of Section 114870. (e) “Limited permit” means a permit issued pursuant to subdivision (c) of Section 114870 or Section 114871 to persons to conduct radiologic technology limited to the performance of certain procedures or the application of x-rays to specific areas of the human body, except for a mammogram. (f) “Approved school for radiologic technologists” means a school or approved educational program that the department has determined provides a course of instruction in radiologic technology that is adequate to meet the purposes of the Radiologic Technology Act (Section 27). (g) “Supervision” means responsibility for, and control of, quality, radiation safety, and technical aspects of all x-ray examinations and procedures. (h) (1) “Licentiate of the healing arts” means a person licensed under the provisions of the Medical Practice Act, the provisions of the initiative act entitled “An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation thereof, and repealing all acts and parts of acts inconsistent herewith,” approved by electors November 7, 1922, as amended, or the Osteopathic Act. (2) For purposes of Section 114872, a licentiate of the healing arts means a person licensed under the Physician Assistant Practice Act (Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code) who practices under the supervision of a qualified physician and surgeon pursuant to the act and pursuant to Division 13.8 of Title 16 of the California Code of Regulations. (i) “Certified supervisor or operator” means a licentiate of the healing arts who has been certified under subdivision (e) or (f) of Section 114870 or 107111 to supervise the operation of x-ray machines or to operate x-ray machines, or both. (j) “Student of radiologic technology” means a person who has started and is in good standing in a course of instruction that, if completed, would permit the person to be certified a radiologic technologist or granted a limited permit upon satisfactory completion of any examination required by the department. “Student of radiologic technology” does not include any person who is a student in a school of medicine, chiropractic, podiatry, dentistry, dental radiography, or dental hygiene. (k) “Mammogram” means an x-ray image of the human breast. (l) “Mammography” means the procedure for creating a mammogram. (Amended by Stats. 2023, Ch. 42, Sec. 47. (AB 118) Effective July 10, 2023.)
  22. 114855.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Radiologic Technology Certification [114855 - 114865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must appoint a certification committee and make arrangements for orderly membership rotation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Radiologic Technology Certification [114855 - 114865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114855. The department shall appoint a certification committee to assist, advise, and make recommendations for the establishment of regulations necessary to insure the proper administration and enforcement of this chapter, and for those purposes to serve as consultants to the department. The appointments shall be made from lists of at least three nominees for each position submitted by appropriate professional associations and societies designated by the Director of Health Services, and provisions shall be made for orderly rotation of membership. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  23. 114860.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Radiologic Technology Certification [114855 - 114865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The committee must be made up of the director or a designate as nonvoting chairperson, plus 11 state residents with specified professional backgrounds.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Radiologic Technology Certification [114855 - 114865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114860. The committee shall consist of the director or his or her designate, who shall serve as chairperson ex officio, but who shall not vote, and the following 11 members who are residents of the state: (a) Six physicians and surgeons licensed to practice medicine in this state, three of whom shall be certified in radiology by the American Board of Radiology. At least one of the radiologists shall be representative of the hospital practice of radiology. (b) Two persons with at least five years’ experience in the practice of radiologic technology. At least one of these persons shall be representative of the hospital practice of radiologic technology. Except for the appointment of these two persons to the first committee, every person thereafter appointed to the committee under this subdivision shall be certified as a radiologic technologist. (c) One radiological physicist, qualified in the use of physics in the practice of medicine. (d) One podiatrist licensed to practice podiatry in this state. (e) One chiropractic practitioner licensed to practice chiropractic in this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  24. 114865.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Radiologic Technology Certification [114855 - 114865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Committee members must serve without compensation, but they are entitled to actual and necessary expenses for performing their office duties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Radiologic Technology Certification [114855 - 114865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114865. Members of the committee shall serve without compensation but shall receive their actual and necessary expenses incurred in the performance of the duties of their office. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  25. 114870.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must set and administer certification, permit, training, fee, and information rules for radiologic technology and bone densitometer certification.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114870. The department shall do all of the following: (a) Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of this chapter. (b) (1) Provide for certification of radiologic technologists, without limitation as to procedures or areas of application, except as provided in Section 106980. Separate certificates shall be provided for diagnostic radiologic technology, for mammographic radiologic technology, and for therapeutic radiologic technology. If a person has received accreditation to perform mammography from a private accreditation organization, the department shall consider this accreditation when deciding to issue a mammographic radiologic technology certificate. (2) Provide, upon recommendation of the committee, that a radiologic technologist who operates digital radiography equipment devote a portion of his or her continuing education credit hours to continuing education in digital radiologic technology. (c) (1) (A) Provide, as may be deemed appropriate, for granting limited permits to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for mammography, prescribe minimum standards of training and experience for these persons, and prescribe procedures for examining applicants for limited permits. The minimum standards shall include a requirement that persons granted limited permits under this subdivision shall meet those fundamental requirements in basic radiological health training and knowledge similar to those required for persons certified under subdivision (b) as the department determines are reasonably necessary for the protection of the health and safety of the public. (B) Provide that an applicant for approval as a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, shall have at least 50 hours of education in radiological protection and safety. The department may allocate these hours as it deems appropriate. (2) Provide that a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, may perform digital radiography within their respective scopes of practice after completion of 20 hours or more of instruction in digital radiologic technology approved by the department. This requirement shall not be construed to preclude limited permit X-ray technicians in the categories of dental laboratory radiography and X-ray bone densitometry from performing digital radiography upon meeting the educational requirements determined by the department. (3) Provide, upon recommendation of the committee, that a limited permit X-ray technician who has completed the initial instruction described in paragraph (2) devote a portion of his or her required continuing education credit hours to additional continuing instruction in digital radiologic technology. (d) Provide for the approval of schools for radiologic technologists. Schools for radiologic technologists shall include 20 hours of approved instruction in digital radiography. The department may exempt a school from this requirement as it deems appropriate. (e) Provide, upon recommendation of the committee, for certification of licentiates of the healing arts to supervise the operation of X-ray machines or to operate X-ray machines, or both, prescribe minimum standards of training and experience for these licentiates of the healing arts, and prescribe procedures for examining applicants for certification. This certification may limit the use of X-rays to certain X-ray procedures and the application of X-rays to specific areas of the human body. (f) (1) Provide for certification of any physician and surgeon to operate, and supervise the operation of, a bone densitometer, if that physician and surgeon provides the department a certificate that evidences training in the use of a bone densitometer by a representative of a bone densitometer machine manufacturer, or through any radiologic technology school. The certification shall be valid for the particular bone densitometer the physician and surgeon was trained to use, and for any other bone densitometer that meets all of the criteria specified in subparagraphs (A) to (C), inclusive, if the physician and surgeon has completed training, as specified in subparagraph (A) of paragraph (2), for the use of that bone densitometer. The physician and surgeon shall, upon request of the department, provide evidence of training, pursuant to subparagraph (A) of paragraph (2), for the use of any bone densitometer used by the physician and surgeon. The activity covered by the certificate shall be limited to the use of an X-ray bone densitometer to which all of the following is applicable: (A) The bone densitometer does not require user intervention for calibration. (B) The bone densitometer does not provide an image for diagnosis. (C) The bone densitometer is used only to estimate bone density of the heel, wrist, or finger of the patient. (2) The certificate shall be accompanied by a copy of the curriculum covered by the manufacturer’s representative or radiologic technology school. The curriculum shall include, at a minimum, instruction in all of the following areas: (A) Procedures for operation of the bone densitometer by the physician and surgeon, and for the supervision of the operation of the bone densitometer by other persons, including procedures for quality assurance of the bone densitometer. (B) Proper radiation protection of the operator, the patient, and third parties in proximity to the bone densitometer. (C) Provisions of Article 5 (commencing with Section 106955) of Chapter 4 of Part 1 of Division 104. (D) Provisions of Chapter 6 (commencing with Section 114840) of Part 9 of Division 104. (E) Provisions of Group 1 (commencing with Section 30100) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (F) Provisions of Group 1.5 (commencing with Section 30108) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (G) Provisions of Article 1 (commencing with Section 30252) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (H) Provisions of Article 2 (commencing with Section 30254) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (I) Provisions of Article 3 (commencing with Section 30275) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (J) Provisions of Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (K) Provisions of Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (3) (A) Notwithstanding any other provision of law, this subdivision shall constitute all the requirements that must be met by a physician and surgeon in order to operate, and supervise the operation of, a bone densitometer. The department may adopt regulations consistent with this section in order to administer the certification requirements. (B) No person may be supervised by a physician and surgeon in the use of a bone densitometer unless that person possesses the necessary license or permit required by the department. (C) Nothing in this subdivision shall affect the requirements imposed by the committee or the department for the registration of a bone densitometer machine, or for the inspection of facilities in which any bone densitometer machine is operated. (D) This subdivision shall not apply to a licentiate of the healing arts who is certified pursuant to subdivision (e) or pursuant to Section 107111. (E) The department shall charge a fee for a certificate issued pursuant to this subdivision to the extent necessary to administer certification. The fee shall be in an amount sufficient to cover the department’s costs of implementing this subdivision and shall not exceed the fee for certification to operate or supervise the operation of an X-ray machine pursuant to subdivision (e). The fees collected pursuant to this subparagraph shall be deposited into the Radiation Control Fund established pursuant to Section 114980. (g) Upon recommendation of the committee, exempt from certification requirements those licentiates of the healing arts who have successfully completed formal courses in schools certified by the department and who have successfully passed a roentgenology technology and radiation protection examination approved by the department and administered by the board that issued his or her license. (h) (1) No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto. (2) The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (3) The department shall not do either of the following: (A) Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto. (B) Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status. (4) If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individual’s taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status. (Amended by Stats. 2018, Ch. 838, Sec. 14. (SB 695) Effective January 1, 2019.)
  26. 114870.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Approved radiologic technology schools must not require more than the highest minimum hours required by regulation, and the department-approved hours count as the required minimum for federal purposes stated here.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114870.1. (a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established for approved schools for radiologic technologists approved pursuant to subdivision (d) of Section 114870 is equal to the number of clock or credit hours, or the equivalent, that is approved for each school by the department as of the effective date of this section. (b) A school approved by the department that submits an application on or after the effective date of this section shall not exceed the highest of the minimum number of hours required by regulation. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2024, Ch. 41, Sec. 53. (SB 164) Effective June 29, 2024. Repealed as of January 1, 2027, by its own provisions.)
  27. 114871.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may issue a limited podiatric radiography permit if the stated training and eligibility conditions are met, and the department must adopt implementing regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114871. (a) In addition to the limited permits authorized to be issued pursuant to Section 114870, the department may issue to a person a limited permit in podiatric radiography, authorizing radiography of only the foot, ankle, tibia, and fibula, if the following conditions are met: (1) The person has completed a course in radiation safety and radiologic technology approved by the department pursuant to subdivision (b), that is provided by a licensed doctor of podiatric medicine who holds a current and valid radiography supervisor and operator permit issued by the department pursuant to subdivision (e) of Section 114870, and that complies with all of the following: (A) The course shall include instruction in radiation protection and safety, principles of radiographic exposure, quality control, image processing, anatomy and physiology, digital radiography, positioning, and the performance of at least 50 x-ray procedures under supervision. (B) The course shall require a minimum of 60 hours of education, which may be online. (C) The person in the course described in this subdivision is deemed to be within the exception specified in subdivision (b) of Section 106975, provided the person is operating x-ray machines under supervision of a licensed doctor of podiatric medicine who holds a current and valid radiography supervisor and operator permit issued by the department pursuant to subdivision (e) of Section 114870. (D) The training may not exceed one year for any one student. There shall not be, at any one time, more than one student per licensed doctor of podiatric medicine who holds a current and valid radiography supervisor and operator permit. (2) The person has satisfied the eligibility requirements defined in Section 30444 of Title 17 of the California Code of Regulations, or its successor, including passing department-approved examinations in radiation protection and safety, and podiatric radiologic technology. (b) An applicant for providing the course described in paragraph (1) of subdivision (a) shall submit an application, including any required application fees, for approval in accordance with the department’s regulations adopted pursuant to subdivision (d) of Section 114870. The applicant is subject to Section 107055. (c) A permit in podiatric radiography authorizes the holder to operate podiatric x-ray equipment in accordance with the department’s regulations adopted pursuant to the Radiologic Technology Act (Section 27) in a podiatric office only while under the supervision of a certified supervisor and operator who is a licensed doctor of podiatric medicine. For purposes of this section, “podiatric office” means the physical location of the podiatrist’s place of private practice, or, if the approved podiatrist is part of a podiatric medical group, that group’s physical place of private practice. “Podiatric office” does not include an office of a medical group that includes a podiatrist, an office within a hospital of a podiatrist who provides services to the hospital patients, or a mobile office. (d) This section does not increase the scope of practice of a doctor of podiatric medicine or authorize the holder of the permit to perform x-rays beyond the foot, ankle, tibia, and fibula. (e) The department shall adopt initial regulations implementing this section by July 1, 2023. The regulations shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), except that the department shall post the proposed regulations on its internet website for public comment for 30 days. The comments received shall be considered by the department and the final adopted regulations shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. (Added by Stats. 2022, Ch. 580, Sec. 4. (AB 1704) Effective January 1, 2023.)
  28. 114872.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must issue licentiate fluoroscopy permits to qualified applicants and accept applications from licensed physician assistants who meet the section’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114872. (a) The department shall issue a licentiate fluoroscopy permit to a qualified licentiate of the healing arts, as defined in paragraph (2) of subdivision (h) of Section 114850. Notwithstanding any other provision of law, the department shall accept applications for a fluoroscopy permit from a licensed physician assistant who meets the requirements of this section. (b) A physician and surgeon may delegate to a licensed physician assistant procedures using fluoroscopy. In order to supervise a physician assistant in performing the functions authorized by the Radiologic Technology Act (Section 27), a physician and surgeon shall either hold, or be exempt from holding, a licentiate fluoroscopy permit required to perform the functions being supervised. (c) A physician assistant to whom a physician and surgeon has delegated the use of fluoroscopy shall demonstrate successful completion of 40 hours of total coursework, including fluoroscopy radiation safety and protection, recognized by the department. Documentation of completed coursework shall be kept on file at the practice site and available to the department upon request. (d) Nothing in this section shall be construed to remove the need for a physician assistant to pass a department-approved examination in fluoroscopy radiation safety and protection pursuant to Article 1 (commencing with Section 30460) of Group 5 of Subchapter 4.5 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (e) A licensed physician assistant who is issued a fluoroscopy permit pursuant to the requirements of this section shall, in the two years preceding the expiration date of the permit, earn 10 approved continuing education credits. The department shall accept continuing education credits approved by the Physician Assistant Committee. (f) Nothing in this section shall be construed to authorize a physician assistant to perform any other procedures utilizing ionizing radiation except those authorized by holding a licentiate fluoroscopy permit. (g) Nothing in this section shall be construed to remove the need for a physician assistant to be subject to the permit requirements approved by the department pursuant to Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (h) The department may charge applicants under this section a fee in an amount sufficient, but not greater than the amount required, to cover the department’s costs of implementing this section. The fees collected pursuant to this subdivision shall be deposited into the Radiation Control Fund established pursuant to Section 114980. (Added by Stats. 2009, Ch. 434, Sec. 3. (AB 356) Effective January 1, 2010.)
  29. 114875.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may approve a licentiate to provide on-the-job training to a radiologic technology student if the listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114875. The department may, upon application, on a form prescribed and supplied by the department, by a licentiate of the healing arts, approve the licentiate to give on-the-job training, based on instructional standards prescribed by the department, to a student of radiologic technology if the following requirements are complied with: (a) The training is restricted to applicants for limited permits in one category or an approved combination of categories. (b) The training is given by a certified supervisor or operator. (c) The didactic instruction and clinical experience are equivalent to that required of approved schools for radiologic technology limited permits and shall be outlined by the department in a manual or syllabus. (d) On-the-job training may not exceed one year for any one student. (e) There shall not be at any one time more than one student per licentiate. (f) Records, subject to department inspection, shall be kept of hours of didactic training given the student and the number and kind of clinical procedures performed by the student. If the licentiate does not choose to give both clinical and didactic on-the-job training, as prescribed by the department, that portion not given by the licentiate shall be taken in a school approved by the department pursuant to Section 114870. The department may establish and collect fees in an amount sufficient to defray the cost incurred by the department in administering the program of on-the-job training authorized by this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  30. 11488.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    Peace officers may seize certain forfeitable items after specified arrests, must notify the Franchise Tax Board if the seized property is believed to be worth over $5,000, and must deliver seizure receipts to the person from whom the property was taken or, if no one possessed it, to the person in charge of the premises.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11488. (a) Any peace officer of this state, subsequent to making or attempting to make an arrest for a violation of Section 11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, or 11382 of this code, or Section 182 of the Penal Code insofar as the offense involves manufacture, sale, purchase for the purpose of sale, possession for sale or offer to manufacture or sell, or conspiracy to commit one of those offenses, may seize any item subject to forfeiture under subdivisions (a) to (f), inclusive, of Section 11470. The peace officer shall also notify the Franchise Tax Board of a seizure where there is reasonable cause to believe that the value of the seized property exceeds five thousand dollars ($5,000). (b) Receipts for property seized pursuant to this section shall be delivered to any person out of whose possession such property was seized, in accordance with Section 1412 of the Penal Code. In the event property seized was not seized out of anyone’s possession, receipt for the property shall be delivered to the individual in possession of the premises at which the property was seized. (c) There shall be a presumption affecting the burden of proof that the person to whom a receipt for property was issued is the owner thereof. This presumption may, however, be rebutted at the forfeiture hearing specified in Section 11488.5. (Repealed and added by Stats. 1994, Ch. 314, Sec. 9. Effective August 19, 1994.)
  31. 11488.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    Property seized under Section 11488 may be held as evidence, and the Attorney General or district attorney must start and continue the proceedings.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11488.1. Property seized pursuant to Section 11488 may, where appropriate, be held for evidence. The Attorney General or the district attorney for the jurisdiction involved shall institute and maintain the proceedings. (Amended by Stats. 1994, Ch. 314, Sec. 10. Effective August 19, 1994.)
  32. 11488.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    A peace officer must comply with a Franchise Tax Board notice to withhold, or return the seized property, within 15 days after seizure if the property is not being held as evidence and forfeiture proceedings have not been referred in writing.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11488.2. Within 15 days after the seizure, if the peace officer does not hold the property seized pursuant to Section 11488 for evidence or if the law enforcement agency for which the peace officer is employed does not refer the matter in writing for the institution of forfeiture proceedings by the Attorney General or the district attorney pursuant to Section 11488.1, the officer shall comply with any notice to withhold issued with respect to the property by the Franchise Tax Board. If no notice to withhold has been issued with respect to the property by the Franchise Tax Board, the officer shall return the property to the individual designated in the receipt therefor or if the property is a vehicle, boat, or airplane, it shall be returned to the registered owner. (Amended by Stats. 1990, Ch. 1200, Sec. 3.)
  33. 11488.4.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    This section sets procedures for forfeiture cases: the Attorney General or district attorney must file and serve notices and petitions, and affected parties may contest forfeiture or seek return of property.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11488.4. (a) (1) Except as provided in subdivision (j), if the Department of Justice or the local governmental entity determines that the factual circumstances do warrant that the moneys, negotiable instruments, securities, or other things of value seized or subject to forfeiture come within the provisions of subdivisions (a) to (g), inclusive, of Section 11470, and are not automatically made forfeitable or subject to court order of forfeiture or destruction by another provision of this chapter, the Attorney General or district attorney shall file a petition of forfeiture with the superior court of the county in which the defendant has been charged with the underlying criminal offense or in which the property subject to forfeiture has been seized or, if no seizure has occurred, in the county in which the property subject to forfeiture is located. A petition under this section is an unlimited civil case, regardless of the value of the seized property. If the petition alleges that real property is forfeitable, the prosecuting attorney shall cause a lis pendens to be recorded in the office of the county recorder of each county in which the real property is located. (2) A petition of forfeiture under this subdivision shall be filed as soon as practicable, but in any case within one year of the seizure of the property that is subject to forfeiture, or as soon as practicable, but in any case within one year of the filing by the Attorney General or district attorney of a lis pendens or other process against the property, whichever is earlier. (b) Physical seizure of assets shall not be necessary in order to have that particular asset alleged to be forfeitable in a petition under this section. The prosecuting attorney may seek protective orders for any asset pursuant to Section 11492. (c) The Attorney General or district attorney shall make service of process regarding this petition upon every individual designated in a receipt issued for the property seized. In addition, the Attorney General or district attorney shall cause a notice of the seizure, if any, and of the intended forfeiture proceeding, as well as a notice stating that any interested party may file a verified claim with the superior court of the county in which the property was seized or if the property was not seized, a notice of the initiation of forfeiture proceedings with respect to any interest in the property seized or subject to forfeiture, to be served by personal delivery or by registered mail upon any person who has an interest in the seized property or property subject to forfeiture other than persons designated in a receipt issued for the property seized. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 11488.5 and directions for the filing and service of a claim. (d) An investigation shall be made by the law enforcement agency as to any claimant to a vehicle, boat, or airplane whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the law enforcement agency finds that any person, other than the registered owner, is the legal owner thereof, and that ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, boat, or airplane, it shall forthwith send a notice to the legal owner at the owner’s address appearing on the records of the Department of Motor Vehicles or appropriate federal agency. (e) When a forfeiture action is filed, the notices shall be published once a week for three successive weeks in a newspaper of general circulation in the county where the seizure was made or where the property subject to forfeiture is located. (f) All notices shall set forth the time within which a claim of interest in the property seized or subject to forfeiture is required to be filed pursuant to Section 11488.5. The notices shall explain, in plain language, what an interested party must do and the time in which the person must act to contest the forfeiture in a hearing. The notices shall state what rights the interested party has at a hearing. The notices shall also state the legal consequences for failing to respond to the forfeiture notice. (g) Nothing contained in this chapter shall preclude a person, other than a defendant, claiming an interest in property actually seized from moving for a return of property if that person can show standing by proving an interest in the property not assigned subsequent to the seizure or filing of the forfeiture petition. (h) (1) If there is an underlying or related criminal action, a defendant may move for the return of the property on the grounds that there is not probable cause to believe that the property is forfeitable pursuant to subdivisions (a) to (g), inclusive, of Section 11470 and is not automatically made forfeitable or subject to court order of forfeiture or destruction by another provision of this chapter. The motion may be made prior to, during, or subsequent to the preliminary examination. If made subsequent to the preliminary examination, the Attorney General or district attorney may submit the record of the preliminary hearing as evidence that probable cause exists to believe that the underlying or related criminal violations have occurred. (2) Within 15 days after a defendant’s motion is granted, the people may file a petition for a writ of mandate or prohibition seeking appellate review of the ruling. (i) (1) With respect to property described in subdivisions (e) and (g) of Section 11470 for which forfeiture is sought and as to which forfeiture is contested, the state or local governmental entity shall have the burden of proving beyond a reasonable doubt that the property for which forfeiture is sought was used, or intended to be used, to facilitate a violation of one of the offenses enumerated in subdivision (f) or (g) of Section 11470. (2) In the case of property described in subdivision (f) of Section 11470, except cash, negotiable instruments, or other cash equivalents of a value of not less than forty thousand dollars ($40,000), for which forfeiture is sought and as to which forfeiture is contested, the state or local governmental entity shall have the burden of proving beyond a reasonable doubt that the property for which forfeiture is sought meets the criteria for forfeiture described in subdivision (f) of Section 11470. (3) In the case of property described in paragraphs (1) and (2), where forfeiture is contested, a judgment of forfeiture requires as a condition precedent thereto, that a defendant be convicted in an underlying or related criminal action of an offense specified in subdivision (f) or (g) of Section 11470 which offense occurred within five years of the seizure of the property subject to forfeiture or within five years of the notification of intention to seek forfeiture. If the defendant is found guilty of the underlying or related criminal offense, the issue of forfeiture shall be tried before the same jury, if the trial was by jury, or tried before the same court, if trial was by court, unless waived by all parties. The issue of forfeiture shall be bifurcated from the criminal trial and tried after conviction unless waived by all the parties. (4) In the case of property described in subdivision (f) of Section 11470 that is cash or negotiable instruments of a value of not less than forty thousand dollars ($40,000), the state or local governmental entity shall have the burden of proving by clear and convincing evidence that the property for which forfeiture is sought is such as is described in subdivision (f) of Section 11470. There is no requirement for forfeiture thereof that a criminal conviction be obtained in an underlying or related criminal offense. (5) If there is an underlying or related criminal action, and a criminal conviction is required before a judgment of forfeiture may be entered, the issue of forfeiture shall be tried in conjunction therewith. In such a case, the issue of forfeiture shall be bifurcated from the criminal trial and tried after conviction unless waived by the parties. Trial shall be by jury unless waived by all parties. If there is no underlying or related criminal action, the presiding judge of the superior court shall assign the action brought pursuant to this chapter for trial. (j) The Attorney General or the district attorney of the county in which property is subject to forfeiture under Section 11470 may, pursuant to this subdivision, order forfeiture of personal property not exceeding twenty-five thousand dollars ($25,000) in value. The Attorney General or district attorney shall provide notice of proceedings under this subdivision pursuant to subdivisions (c), (d), (e), and (f), including: (1) A description of the property. (2) The appraised value of the property. (3) The date and place of seizure or location of any property not seized but subject to forfeiture. (4) The violation of law alleged with respect to forfeiture of the property. (5) (A) The instructions for filing and serving a claim with the Attorney General or the district attorney pursuant to Section 11488.5 and time limits for filing a claim and claim form. (B) If no claims are timely filed, the Attorney General or the district attorney shall prepare a written declaration of forfeiture of the subject property to the state and dispose of the property in accordance with Section 11489. A written declaration of forfeiture signed by the Attorney General or district attorney under this subdivision shall be deemed to provide good and sufficient title to the forfeited property. The prosecuting agency ordering forfeiture pursuant to this subdivision shall provide a copy of the declaration of forfeiture to any person listed in the receipt given at the time of seizure and to any person personally served notice of the forfeiture proceedings. (C) If a claim is timely filed, then the Attorney General or district attorney shall file a petition of forfeiture pursuant to this section within 30 days of the receipt of the claim. The petition of forfeiture shall then proceed pursuant to other provisions of this chapter, except that no additional notice need be given and no additional claim need be filed. (k) If in any underlying or related criminal action or proceeding, in which a petition for forfeiture has been filed pursuant to this section, and a criminal conviction is required before a judgment of forfeiture may be entered, the defendant willfully fails to appear as required, there shall be no requirement of a criminal conviction as a prerequisite to the forfeiture. In these cases, forfeiture shall be ordered as against the defendant and judgment entered upon default, upon application of the state or local governmental entity. In its application for default, the state or local governmental entity shall be required to give notice to the defendant’s attorney of record, if any, in the underlying or related criminal action, and to make a showing of due diligence to locate the defendant. In moving for a default judgment pursuant to this subdivision, the state or local governmental entity shall be required to establish a prima facie case in support of its petition for forfeiture. (Amended by Stats. 2023, Ch. 478, Sec. 54. (AB 1756) Effective January 1, 2024.)
  34. 11488.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    People claiming an interest in seized property must file a verified claim in court on time and serve it on the Attorney General or district attorney.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11488.5. (a) (1) Any person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for filing, at any time within 30 days from the date of the last publication of the notice of seizure, if that person was not personally served or served by mail, or within 30 days after receipt of actual notice, file with the superior court of the county in which the defendant has been charged with the underlying or related criminal offense or in which the property was seized or, if there was no seizure, in which the property is located, a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating the claimant’s interest in the property. An endorsed copy of the claim shall be served by the claimant on the Attorney General or district attorney, as appropriate, within 30 days of the filing of the claim. The Judicial Council shall develop and approve official forms for the verified claim that is to be filed pursuant to this section. The official forms shall be drafted in nontechnical language, in English and in Spanish, and shall be made available through the office of the clerk of the appropriate court. A claim under this section is an unlimited civil case, regardless of the value of the seized property. (2) Any person who claims that the property was assigned to that person prior to the seizure or notification of pending forfeiture of the property under this chapter, whichever occurs last, shall file a claim with the court and prosecuting agency pursuant to Section 11488.5 declaring an interest in that property and that interest shall be adjudicated at the forfeiture hearing. The property shall remain under control of the law enforcement or prosecutorial agency until the adjudication of the forfeiture hearing. Seized property shall be protected and its value shall be preserved pending the outcome of the forfeiture proceedings. (3) Notwithstanding any other law, the clerk of the court shall not charge or collect a fee for the filing of a claim in any case in which the value of the respondent property as specified in the notice is five thousand dollars ($5,000) or less. If the value of the property, as specified in the notice, is more than five thousand dollars ($5,000), the clerk of the court shall charge the filing fee specified in Section 70611 of the Government Code. (4) The claim of a law enforcement agency to property seized pursuant to Section 11488 or subject to forfeiture shall have priority over a claim to the seized or forfeitable property made by the Franchise Tax Board in a notice to withhold issued pursuant to Section 18669 or 18670 of the Revenue and Taxation Code. (b) (1) If at the end of the time set forth in subdivision (a) there is no claim on file, the court, upon motion, shall declare the property seized or subject to forfeiture pursuant to subdivisions (a) to (g), inclusive, of Section 11470 forfeited to the state. In moving for a default judgment pursuant to this subdivision, the state or local governmental entity shall be required to establish a prima facie case in support of its petition for forfeiture. There is no requirement for forfeiture thereof that a criminal conviction be obtained in an underlying or related criminal offense. (2) The court shall order the money forfeited or the proceeds of the sale of property to be distributed as set forth in Section 11489. (c) (1) If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a day not less than 30 days therefrom, and the proceeding shall have priority over other civil cases. Notice of the hearing shall be given in the same manner as provided in Section 11488.4. Such a verified claim or a claim filed pursuant to subdivision (j) of Section 11488.4 shall not be admissible in the proceedings regarding the underlying or related criminal offense set forth in subdivision (a) of Section 11488. (2) The hearing shall be by jury, unless waived by consent of all parties. (3) The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter. However, in proceedings under this chapter, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter. (d) (1) At the hearing, the state or local governmental entity shall have the burden of establishing, pursuant to subdivision (i) of Section 11488.4, that the owner of any interest in the seized property consented to the use of the property with knowledge that it would be or was used for a purpose for which forfeiture is permitted, in accordance with the burden of proof set forth in subdivision (i) of Section 11488.4. (2) No interest in the seized property shall be affected by a forfeiture decree under this section unless the state or local governmental entity has proven that the owner of that interest consented to the use of the property with knowledge that it would be or was used for the purpose charged. Forfeiture shall be ordered when, at the hearing, the state or local governmental entity has shown that the assets in question are subject to forfeiture pursuant to Section 11470, in accordance with the burden of proof set forth in subdivision (i) of Section 11488.4. (e) The forfeiture hearing shall be continued upon motion of the prosecution or the defendant until after a verdict of guilty on any criminal charges specified in this chapter and pending against the defendant have been decided. The forfeiture hearing shall be conducted in accordance with Sections 190 to 222.5, inclusive, Sections 224 to 234, inclusive, Section 237, and Sections 607 to 630, inclusive, of the Code of Civil Procedure if a trial by jury, and by Sections 631 to 636, inclusive, of the Code of Civil Procedure if by the court. Unless the court or jury finds that the seized property was used for a purpose for which forfeiture is permitted, the court shall order the seized property released to the person it determines is entitled thereto. If the court or jury finds that the seized property was used for a purpose for which forfeiture is permitted, but does not find that a person claiming an interest therein, to which the court has determined the claimant is entitled, had actual knowledge that the seized property would be or was used for a purpose for which forfeiture is permitted and consented to that use, the court shall order the seized property released to the claimant. (f) All seized property that was the subject of a contested forfeiture hearing and which was not released by the court to a claimant shall be declared by the court to be forfeited to the state, provided the burden of proof required pursuant to subdivision (i) of Section 11488.4 has been met. The court shall order the forfeited property to be distributed as set forth in Section 11489. (g) All seized property that was the subject of the forfeiture hearing and was not forfeited shall remain subject to any order to withhold issued with respect to the property by the Franchise Tax Board. (Amended by Stats. 2023, Ch. 478, Sec. 55. (AB 1756) Effective January 1, 2024.)
  35. 11488.6.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    If property is forfeitable and a valid interest holder did not know it would be used for forfeiture, the holder may pay the equity to stop forfeiture; otherwise the property is forfeited and may be sold at auction.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11488.6. (a) If the court or jury at the forfeiture hearing finds that the property is forfeitable pursuant to Section 11470, but does not find that a person having a valid ownership interest, which includes, but is not limited to, a valid lien, mortgage, security interest, or interest under a conditional sales contract acquired such interest with actual knowledge that the property was to be used for a purpose for which forfeiture is permitted, and the amount due such person is less than the appraised value of the property, such person may pay to the state or the local governmental entity which initiated the forfeiture proceeding the amount of the equity, which shall be deemed to be the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon such payment, the state or local governmental entity shall relinquish all claims to the property. If the holder of the interest elects not to make such payment to the state or local governmental entity, the property shall be deemed forfeited to the state or local governmental entity and the ownership certificate shall be forwarded. The appraised value shall be determined as of the date judgment is entered on a wholesale basis either by agreement between the legal owner and the governmental entity involved, or if they cannot agree, then by the inheritance tax appraiser for the county in which the action is brought. A person having a valid ownership interest, which includes, but is not limited to, a valid lien, mortgage, security interest, or interest under a conditional sales contract shall be paid the appraised value of his or her interest in accordance with the provisions of Section 11489. (b) If the amount due to a person having a valid ownership interest, which includes, but is not limited to, a valid lien, mortgage, security interest, or interest under a conditional sales contract is less than the value of the property and the person elects not to make payment to the governmental entity, the property shall be sold at public auction by the Department of General Services or by the local governmental entity which shall provide notice of such sale by one publication in a newspaper published and circulated in the city, community, or locality where the sale is to take place. (c) The proceeds of sale pursuant to subdivision (b) shall be first distributed in accordance with the provisions of Section 11489. (Amended by Stats. 1994, Ch. 314, Sec. 16. Effective August 19, 1994.)
  36. 114880.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt these regulations only after consulting with and getting approval from the committee, and committee approval requires six affirmative votes at an official meeting.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114880. Any regulations adopted by the department pursuant to subdivision (a) of Section 114870 shall be adopted only after consultation with and approval of the committee. Approval of those regulations shall be made by six affirmative votes of those present at an official meeting of the committee. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  37. 114885.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must grant special permits on individual application if local people would otherwise be denied adequate medical care because certified radiologic technologists are unavailable.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114885. The department shall, upon individual application, grant special permits to persons, excepting those persons from specific provisions of this chapter or of the regulations issued thereunder, if the department finds to its satisfaction that there is substantial evidence that the people in the locality of this state, in which the exemption is sought, would be denied adequate medical care because of unavailability of certified or certifiable radiologic technologists. Those special permits shall be granted for limited periods of time to be prescribed by the department in accordance with the purposes of this chapter, and the permits may be renewed. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  38. 11489.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Forfeiture money and sale proceeds must be distributed by the state or local governmental entity under this section, with specified shares going to purchasers/secured parties, law enforcement, the General Fund, and an environmental training account, subject to exceptions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11489. Notwithstanding Section 11502 and except as otherwise provided in Section 11473, in all cases where the property is seized pursuant to this chapter and forfeited to the state or local governmental entity and, where necessary, sold by the Department of General Services or local governmental entity, the money forfeited or the proceeds of sale shall be distributed by the state or local governmental entity as follows: (a) To the bona fide or innocent purchaser, conditional sales vendor, or mortgagee of the property, if any, up to the amount of their interest in the property, when the court declaring the forfeiture orders a distribution to that person. (b) The balance, if any, to accumulate, and to be distributed and transferred quarterly in the following manner: (1) To the state agency or local governmental entity for all expenditures made or incurred by it in connection with the sale of the property, including expenditures for any necessary costs of notice required by Section 11488.4, and for any necessary repairs, storage, or transportation of any property seized under this chapter. (2) The remaining funds shall be distributed as follows: (A) Sixty-five percent to the state, local, or state and local law enforcement entities that participated in the seizure distributed so as to reflect the proportionate contribution of each agency. (i) Fifteen percent of the funds distributed pursuant to this subparagraph shall be deposited in a special fund maintained by the county, city, or city and county of any agency making the seizure or seeking an order for forfeiture. This fund shall be used for the sole purpose of funding programs designed to combat drug abuse and divert gang activity, and shall wherever possible involve educators, parents, community-based organizations and local businesses, and uniformed law enforcement officers. Those programs that have been evaluated as successful shall be given priority. These funds shall not be used to supplant any state or local funds that would, in the absence of this clause, otherwise be made available to the programs. It is the intent of the Legislature to cause the development and continuation of positive intervention programs for high-risk elementary and secondary schoolage students. Local law enforcement should work in partnership with state and local agencies and the private sector in administering these programs. (ii) The actual distribution of funds set aside pursuant to clause (i) is to be determined by a panel consisting of the sheriff of the county, a police chief selected by the other chiefs in the county, and the district attorney and the chief probation officer of the county. (B) Ten percent to the prosecutorial agency that processes the forfeiture action. (C) Twenty-four percent to the General Fund. Notwithstanding Section 13340 of the Government Code, the moneys are hereby continuously appropriated to the General Fund. Commencing January 1, 1995, all moneys deposited in the General Fund pursuant to this subparagraph, in an amount not to exceed ten million dollars ($10,000,000), shall be made available for school safety and security, upon appropriation by the Legislature, and shall be disbursed pursuant to Senate Bill 1255 of the 1993–94 Regular Session, as enacted. (D) One percent to the Environmental Enforcement and Training Account, established in Section 14303 of the Penal Code. (c) Notwithstanding Item 0820-101-469 of the Budget Act of 1985 (Chapter 111 of the Statutes of 1985), all funds allocated to the Department of Justice pursuant to subparagraph (A) of paragraph (2) of subdivision (b) shall be deposited into the Department of Justice Special Deposit Fund–State Asset Forfeiture Account and used for the law enforcement efforts of the state or for state or local law enforcement efforts pursuant to Section 11493. All funds allocated to the Department of Justice by the federal government under its Federal Asset Forfeiture program authorized by the Comprehensive Crime Control Act of 1984 may be deposited directly into the Narcotics Assistance and Relinquishment by Criminal Offender Fund and used for state and local law enforcement efforts pursuant to Section 11493. Funds that are not deposited pursuant to the above paragraph shall be deposited into the Department of Justice Special Deposit Fund–Federal Asset Forfeiture Account. (d) All the funds distributed to the state or local governmental entity pursuant to subparagraphs (A) and (B) of paragraph (2) of subdivision (b) shall not supplant any state or local funds that would, in the absence of this subdivision, be made available to support the law enforcement and prosecutorial efforts of these agencies. The court shall order the forfeiture proceeds distributed to the state, local, or state and local governmental entities as provided in this section. For the purposes of this section, “local governmental entity” means any city, county, or city and county in this state. (e) This section shall become operative on January 1, 1994. (Amended by Stats. 2021, Ch. 83, Sec. 2. (SB 157) Effective July 16, 2021.)
  39. 114896.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must use a biannual report to inform certificate holders and permitholders about significant changes in radiologic technology and related regulation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Radiologic Technology [114840 - 114896] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Committee Administration and Regulations [114870 - 114896] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114896. The department shall keep certificate holders and permitholders apprised of significant changes in the practice of radiologic technology and changes in regulation of the practice of radiologic technology through a biannual report. The report shall be furnished to certified radiological technologists and limited permitholders and may be furnished to appropriate licentiates of the healing arts. (Added by renumbering Section 107120 by Stats. 1997, Ch. 97, Sec. 4. Effective July 21, 1997.)
  40. 11490.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The forfeiture rules for vehicles, boats, and airplanes do not apply to common carriers or to employees acting within the scope of their employment in enforcing this division.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11490. The provisions of this division relative to forfeiture of vehicles, boats, or airplanes shall not apply to a common carrier, or to an employee acting within the scope of his employment in the enforcement of this division. (Added by renumbering Section 11498 by Stats. 1983, Ch. 948, Sec. 29.)
  41. 114905.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Declaration of Policy [114905 - 114908] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    California policy says atomic energy and radiation should be developed constructively, public exposure should be minimized, state agencies should keep their jurisdictions where possible, agencies should coordinate their programs, and the public should be kept informed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Declaration of Policy [114905 - 114908] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114905. The Legislature finds and declares that the peacetime uses of atomic energy and radiation can be instrumental in improving the health, welfare and economic productivity of the people of the State of California if properly utilized, and may be hazardous to the health and safety of the public if carelessly or excessively employed. It is therefore declared to be the policy of the state to: (a) Encourage the constructive development of industries producing or utilizing atomic energy and radiation and to eliminate unnecessary exposure of the public to ionizing radiation. (b) Have state agencies retain their traditional jurisdictions wherever possible. (c) Have various departments and agencies of the state that are concerned with atomic energy and radiation and its various applications develop programs designed to protect the people of the state from unnecessary exposure to radiation. (d) Assure the coordination of the programs of the state agencies and the laws, regulations incident thereto and to insure the coordination of these activities with the development and regulatory activities of local agencies, other states and the government of the United States, including the Atomic Energy Commission. (e) Keep the public, labor, industry, and all other legitimate interests as completely informed as possible on all matters relating to peacetime atomic energy and radiation development and control in this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  42. 114907.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Declaration of Policy [114905 - 114908] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    “Atomic energy” is defined as all forms of energy released during nuclear transformation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Declaration of Policy [114905 - 114908] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114907. “Atomic energy” means all forms of energy released in the course of nuclear transformation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  43. 114908.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Declaration of Policy [114905 - 114908] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    In this chapter, “secretary” means the Secretary of the Resources Agency.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Declaration of Policy [114905 - 114908] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114908. As used in this chapter, “secretary” means the Secretary of the Resources Agency. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  44. 11491.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section says the chapter does not change or expand case law on search and seizure.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11491. Nothing in this chapter shall be construed to extend or change decisional law as it relates to the topic of search and seizure. (Added by renumbering Section 11499 by Stats. 1983, Ch. 948, Sec. 30.)
  45. 114910.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The secretary must act as the liaison between state and federal governments, including the U.S. Atomic Energy Commission, and with other states on atomic energy development matters.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114910. The secretary shall perform the liaison function between the state and the federal government, including the United States Atomic Energy Commission, and between this state and other states in matters pertaining to atomic energy development. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  46. 114915.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The secretary must coordinate atomic energy development programs and regulations across state, city, and county bodies, and those bodies must keep the secretary currently informed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114915. The secretary shall coordinate the programs, and regulations of the several departments and agencies of the state and the cities and counties relating to atomic energy development, and shall so far as may be practicable coordinate the studies conducted and the recommendations and proposals made in this state on these subjects with like activities in other states and by the federal government and with the policies and regulations of the United States Atomic Energy Commission. The departments and agencies of the state which are concerned with atomic energy development, and the cities and counties, shall keep the secretary currently informed as to their activities and programs relating to atomic energy development. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  47. 11492.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The prosecuting agency may ask the superior court for temporary orders to preserve property in a forfeiture case, and the court can impose certain protective orders with required notice and hearing.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11492. (a) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders to preserve the status quo or value of the property alleged in the petition for forfeiture. (1) An injunction to restrain all interested parties and enjoin them from transferring, encumbering, hypothecating, or otherwise disposing of that property. (2) Appointment of a receiver to take possession of, care for, manage, and operate the assets and properties so that the property may be maintained and preserved. (3) Order an interlocutory sale of the property named in the petition when the property is liable to perish, to waste, or to be significantly reduced in value, or when the expenses of maintaining the property are disproportionate to the value thereof, and the proceeds thereof shall be deposited with the court or as directed by the court pending determination of the forfeiture proceeding. (b) No preliminary injunction may be granted, receiver appointed, or interlocutory sale ordered without notice to the interested parties and a hearing to determine that the order is necessary to preserve the property named in the petition, pending the outcome of the proceedings, and that there is probable cause to believe that the property is subject to forfeiture under Section 11470. However, a temporary restraining order may issue pending that hearing pursuant to the provisions of Section 527 of the Code of Civil Procedure. (c) Notwithstanding any other provision of law, the court in granting these motions may order a surety bond or undertaking to preserve the property interests of the interested parties. (Amended by Stats. 1997, Ch. 241, Sec. 4. Effective January 1, 1998.)
  48. 114920.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A state agency generally may not give notice of a proposed atomic energy development rule, amendment, or repeal under Section 11346.4 until 30 days after submitting it to the secretary for comments, unless it is an emergency regulation or the secretary waives the period in writing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114920. No rule or regulation applying to atomic energy development, or amendment thereto or repeal thereof, that any state agency may propose to adopt, unless it is an emergency regulation, shall be noticed under Section 11346.4 of the Government Code prior to 30 days after it has been submitted to the secretary for comments, recommendations, or suggestions as he or she may deem necessary or desirable with respect thereto, unless the secretary in writing waives all or a portion of the 30-day period. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  49. 114925.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The secretary may find a proposed regulation inconsistent with another state agency’s regulation and issue an order; the proposed rule then does not become effective.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114925. Whenever the secretary determines that an existing or proposed regulation is inconsistent with any regulation of another agency of the state, he or she may, after consultation with the agencies involved, find that the proposed regulation is inconsistent with a regulation of the other agency and shall issue an order to that effect, in which event the proposed rule or regulation shall not become effective. The secretary may, in the alternative, upon a similar determination, direct the appropriate agency to amend or repeal the existing regulation to achieve consistency with the proposed regulation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  50. 11493.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section creates a fund, assigns its administration to an advisory committee appointed by the Attorney General, and allows the money to be distributed to local and state law enforcement agencies after legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11493. There is hereby created in the General Fund the Narcotics Assistance and Relinquishment by Criminal Offender Fund. The fund shall be administered by an advisory committee which shall be appointed by the Attorney General and which shall be comprised of three police chiefs, three sheriffs, two district attorneys, one private citizen, and an official of the Department of Justice who shall serve as the executive officer. The money in the fund shall be available, upon appropriation by the Legislature, for distribution by the advisory committee to local and state law enforcement agencies in support of general narcotic law enforcement efforts. (Amended by Stats. 2007, Ch. 176, Sec. 61. Effective August 24, 2007.)
  51. 114930.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The secretary may recommend changes to regulations on atomic energy development to state departments or other state agencies when necessary or appropriate.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114930. The secretary may, when he or she deems necessary or appropriate, recommend to any state department or other state agency the adoption, amendment, or repeal of regulations relating to atomic energy development. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  52. 114935.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The secretary must keep the Governor, interested state departments and agencies, and cities and counties informed about private and public activities affecting the peacetime uses of atomic energy.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114935. The secretary shall keep the Governor and the various interested state departments and agencies and the cities and counties informed of private and public activities affecting the peacetime uses of atomic energy. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  53. 11494.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    For property seized or forfeiture proceedings started before January 1, 1994, the forfeiture process and distribution of forfeited property are governed by the chapter provisions that were in effect on December 31, 1993.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11494. In the case of any property seized or forfeiture proceeding initiated before January 1, 1994, the proceeding to forfeit the property and the distribution of any forfeited property shall be subject to the provisions of this chapter in effect on December 31, 1993, as if those sections had not been repealed, replaced, or amended. (Repealed and added by Stats. 1994, Ch. 314, Sec. 22. Effective August 19, 1994.)
  54. 114940.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The secretary must share public factual data, information, and interpretations about atomic energy development and radiation uses.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114940. The secretary shall disseminate to the public factual data and information and interpretations thereof concerning atomic energy development and the uses of radiation in the state with the view to providing a reliable source of accurate information relating to the benefits and hazards of such development and uses. Data and information relating to hazards of radiation shall be developed and disseminated in cooperation with the State Department of Health, as provided for in paragraph (3) of subdivision (e) of Section 115000. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  55. 114945.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The secretary may consult and seek advice from technically qualified persons, inside or outside the state, about atomic energy matters.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114945. The secretary may consult with and seek the advice of technically qualified persons within and without the state to advise on matters relating to atomic energy, particularly with regard to regulations relating to atomic energy development usage. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  56. 11495.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Money from forfeitures under Section 11489 must be deposited, distributed on request, recorded, and audited on request; the Attorney General must also publish an annual report and guidelines.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11495. (a) The funds received by the law enforcement agencies under Section 11489 shall be deposited into an account maintained by the Controller, county auditor, or city treasurer. These funds shall be distributed to the law enforcement agencies at their request. The Controller, auditor, or treasurer shall maintain a record of these disbursements which records shall be open to public inspection, subject to the privileges contained in Sections 1040, 1041, and 1042 of the Evidence Code. (b) Upon request of the governing body of the jurisdiction in which the distributions are made, the Controller, auditor, or treasurer shall conduct an audit of these funds and their use. In the case of the state, the governing body shall be the Legislature. (c) Each year, the Attorney General shall publish a report that sets forth the following information for the state, each county, each city, and each city and county: (1) The number of forfeiture actions initiated and administered by state or local agencies under California law, the number of cases adopted by the federal government, and the number of cases initiated by a joint federal-state action that were prosecuted under federal law. (2) The number of cases and the administrative number or court docket number of each case for which forfeiture was ordered or declared. (3) The number of suspects charged with a controlled substance violation. (4) The number of alleged criminal offenses that were under federal or state law. (5) The disposition of cases, including no charge, dropped charges, acquittal, plea agreement, jury conviction, or other. (6) The value of the assets forfeited. (7) The recipients of the forfeited assets, the amounts received, and the date of the disbursement. (d) The Attorney General shall develop administrative guidelines for the collection and publication of the information required in subdivision (c). (e) The Attorney General’s report shall cover the calendar year and shall be made no later than July 1 of each year. (Amended by Stats. 2019, Ch. 364, Sec. 9. (SB 112) Effective September 27, 2019.)
  57. 114950.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must keep current information about certain permits, licenses, and radiation-source records, and must provide that information on request to state departments, agencies, or the public.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114950. The department shall keep current information on the permits or licenses issued by the United States Atomic Energy Commission in the state and, along with current information on the radiation sources licensed or registered under the provisions of Section 115060, shall transmit the information upon request to any state department or agency or member of the public. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  58. 114955.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says the chapter does not limit the State Water Resources Control Board or regional water quality control boards from regulating waste discharges to protect water quality.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Atomic Energy Development [114900 - 114955] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Coordination of Atomic Energy Development [114910 - 114955] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114955. Nothing contained in this chapter shall impair the authority or jurisdiction of the State Water Resources Control Board or any of the regional water quality control boards in this state to regulate the discharge of waste for the protection of the quality of waters of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  59. 114960.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This chapter is known, and may be cited, as the Radiation Control Law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114960. This chapter shall be known, and may be cited, as the Radiation Control Law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  60. 114965.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    California states a policy to maintain a regulatory program for sources of ionizing radiation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114965. It is the policy of the State of California, in furtherance of its responsibility to protect the public health and safety, to institute and maintain a regulatory program for sources of ionizing radiation so as to provide for: (a) compatibility with the standards and regulatory programs of the federal government, (b) an integrated effective system of regulation within the State, and (c) a system consonant insofar as possible with those of other states. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  61. 114970.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section states the chapter’s purpose: to regulate ionizing radiation and support public and occupational health and safety.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114970. It is the purpose of this chapter to effectuate the policies set forth in Section 114965 by providing for programs to: (a) Effectively regulate sources of ionizing radiation for the protection of the occupational and public health and safety. (b) Promote an orderly regulatory pattern within the State, among the states, and between the federal government and the State, and facilitate intergovernmental co-operation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized. (c) Establish procedures for assumption and performance of certain regulatory responsibilities with respect to byproduct, source, and special nuclear materials. (d) Permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  62. 114975.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Rules and regulations adopted under this chapter must follow the procedures in Government Code Chapter 3.5 and the specified code sections.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114975. Rules and regulations adopted under this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and Sections 25733 and 114920 of this code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  63. 114980.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Radiation Control Fund is created in the State Treasury, and covered moneys must be deposited into it. The department may spend fund money only if the Legislature appropriates it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114980. The Radiation Control Fund is hereby created as a special fund in the State Treasury. All moneys, including fees, penalties, interest earned, and fines, collected under Sections 107100, 107160, 114872, 115045, 115065, and 115080, Article 5.5 (commencing with Section 107115) of Chapter 4 of Part 1, and the regulations adopted pursuant to those sections, shall be deposited in the Radiation Control Fund to cover the costs related to the enforcement of this chapter, including, but not limited to, implementation of Section 114872, Section 115000, Article 6 (commencing with Section 107150) of Chapter 4 of Part 1, and the Radiologic Technology Act (Section 27), and Article 5.5 (commencing with Section 107115) of Chapter 4 of Part 1, and shall be available for expenditure by the department only upon appropriation by the Legislature. In addition to any moneys collected by, or on behalf of, the department for deposit in the Radiation Control Fund, all interest earned by the Radiation Control Fund shall be deposited in the Radiation Control Fund. (Amended by Stats. 2009, Ch. 434, Sec. 4. (AB 356) Effective January 1, 2010.)
  64. 114985.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines key terms used in the radiation control chapter, including who the Secretary, Department, and Director are, and what counts as different licenses, registration, and radiation-related materials.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [114960 - 114985] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114985. As used in this chapter: (a) “Secretary” means the Secretary of the Resources Agency. (b) “Ionizing radiation” means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light. (c) “Person” means any individual, corporation, partnership, limited liability company, 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, the United States Department of Energy, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, under prime contract to the United States Department of Energy, or any successor thereto. (d) “Byproduct material” means any radioactive material, except special nuclear material, yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or utilizing special nuclear material. (e) “Source material” means (1) uranium, thorium, or any other material which the department declares by rule 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 department declares by rule 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. (f) “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 department declares by rule 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. (g) “General license” means a license, pursuant to regulations promulgated by the department, effective without the filing of an application, to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially. (h) “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, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially. (i) “Registration” means the reporting of possession of a source of radiation and the furnishing of information with respect thereto, in accordance with subdivision (b) of Section 115060. (j) “Department” means the State Department of Health Services. (k) “Director” means the State Director of Health Services. ( l) “Federal research and development activity” means any activity of the Secretary of Energy conducted at any research facility owned or operated by the United States Department of Energy. (m) “Low-level waste” means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or the byproduct material defined in Section 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For purposes of this subdivision, the following definitions shall apply: (1) “High-level radioactive waste” means either of the following: (A) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from this liquid waste that contains fission products in sufficient concentrations. (B) Other highly radioactive material that the Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation. (2) “Spent nuclear fuel” means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. (3) “Transuranic waste” means any waste containing more than 100 nanocuries of alpha emitting transuranic nuclides with half-life greater than five years per gram of waste material. (n) “Mammogram” means an X-ray image of the human breast. (o) “Mammography” means the procedure for creating a mammogram. (p) “Mammography quality assurance” means the detection of a change in X-ray and ancillary equipment that adversely affects the quality of films and the glandular radiation dose, and the correction of this change. (q) “Mammogram certification” means a certification, issued by the department after registration, that the equipment dedicated to or used for mammography meets the standards prescribed pursuant to this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  65. 114990.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department is the agency responsible for issuing licenses and may work with other agencies to review applications and carry out inspections.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114990. The department is designated as the agency responsible for the issuance of licenses. In carrying out its duties under this section, the department may enter into an agreement with the Division of Occupational Safety and Health and other state and local agencies to conduct technical evaluations of license applications prior to issuance of licenses. The agreements shall also include provisions for conducting inspections in accordance with Section 115095. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  66. 114995.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department’s license-issuing authority under Section 114990 is not affected by study or planning requirements in Section 115005.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114995. The authority of the department to issue licenses pursuant to Section 114990 is not affected by any requirements to conduct studies or planning efforts specified in Section 115005. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  67. 11500.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The district attorney for the county where a violation occurred must handle all actions and prosecutions, though the Attorney General may take over and control them.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11500. The district attorney, or any person designated by him, of the county in which any violation of this division is committed shall conduct all actions and prosecutions for the violation. However, the Attorney General, or special counsel employed by the Attorney General for that purpose, may take complete charge of the conduct of such actions or prosecutions. The Attorney General may fix the compensation to be paid for the service and may incur such other expense in connection with the conduct of the actions or prosecutions as he may deem necessary. No attorney employed as special counsel shall receive as compensation more than three thousand five hundred dollars ($3,500) in any one year. (Repealed and added by Stats. 1972, Ch. 1407.)
  68. 115000.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must carry out several radiation-control duties to protect public health and safety.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115000. The department shall, for the protection of public health and safety do all of the following: (a) Develop programs for evaluation of hazards associated with use of sources of ionizing radiation. (b) Develop programs, with due regard for compatibility with federal programs, for licensing and regulation of byproduct, source, and special nuclear materials, and other radioactive materials. (c) Except as provided in Section 18930, adopt regulations relating to control of other sources of ionizing radiation. (d) Issue any regulations that may be necessary in connection with proceedings under Article 4 (commencing with Section 115060). (e) Collect and disseminate information relating to control of sources of ionizing radiation, including all of the following: (1) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations. (2) Maintenance of a file of all regulations relating to regulation of sources of ionizing radiation, pending or adopted, and proceedings thereon. (3) Disseminate information regarding the evaluation of hazards associated with the use of sources of ionizing radiation. Nothing in this chapter shall be construed as precluding the Division of Occupational Safety and Health from adopting and enforcing regulations relating to matters within its jurisdiction consistent with, in furtherance of, and designed to implement this chapter and the regulations adopted thereunder. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  69. 115000.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must keep and publish certain low-level radioactive waste records, and generators must submit shipment and storage information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115000.1. (a) For the purposes of this section, the following terms have the following meanings: (1) “Generate” means to produce or cause the production of, or to engage in an activity that otherwise results in the creation or increase in the volume of, low-level radioactive waste. (2) (A) “Generator” means any person who, by the person’s own actions, or by the actions of the person’s agent, employee, or independent contractor, generates low-level radioactive waste in the state. (B) For purposes of this section, a person who provides for or arranges for the collection, transportation, treatment, storage, or disposal of low-level radioactive waste generated by others is a generator only to the extent that the person’s own actions, or the actions of the person’s agent, employee, or independent contractor, generate low-level radioactive waste. (3) “Person” means an individual, partnership, corporation, or other legal entity, including any state, interstate, federal, or municipal governmental entity. (4) “Waste” means material that is not in use and is no longer useful. (5) “Generator category” includes, but is not limited to, any of the following: (A) Nuclear powerplants. (B) Reactor vendors or designers. (C) Government. (D) Medicine. (E) Academia. (F) Aerospace. (G) Military. (H) Research. (I) Industrial gauges. (J) Manufacturing. (6) “Low-level radioactive waste” or “LLRW” has the same meaning as defined in Article 2 of the Southwestern Low-Level Radioactive Waste Disposal Compact, as set forth in Section 115255. (7) “Class” means the class of low-level radioactive waste. “Class A,” “class B,” and “class C” waste are those classes defined in Section 61.55 of Title 10 of the Code of Federal Regulations. (8) “Licensed LLRW disposal facility” means any of the three disposal facilities located at Barnwell, South Carolina; Clive, Utah; or Richland, Washington, that exist on January 1, 2003. (b) The department shall, for the protection of public health and safety maintain a file of each manifest from each generator of LLRW that is sent to a disposal facility or to a facility subject to the Southwestern Low-level Radioactive Waste Disposal Compact, as set forth in Article 17 (commencing with Section 115250). (c) The department shall, for the protection of public health and safety, maintain a file of all LLRW transferred for disposal to a licensed LLRW disposal facility during the reporting period, either directly or through a broker or agent, that shall meet all of the following conditions: (1) Specify the category of generator, class, quantity by activity, and volume of LLRW, including an estimate of the peak and average quantities in storage, along with the identity of the generator, and the chemical and physical characteristics of that waste, including its half-life, properties, or constituents, and radionuclides present at, or above, the minimum labeling requirements, with their respective concentrations and amounts of radioactivity. (2) Be updated annually, at minimum, to ensure an accurate and timely depiction of radioactive waste in the state. (3) Include all of the following information in the file: (A) The total volume, volume by class, and activity by radionuclide and class. (B) The types and specifications of individual containers used and the number of each type transferred for disposal. (C) The maximum surface radiation exposure level on any single container of LLRW transferred, the number of disposal containers that exceed 200 mR/hour, and the volume, class, and activity by radionuclide. (D) The identification of each licensed LLRW disposal facility to which LLRW was transferred, either directly or through a broker or agent, and the volume and activity by class of LLRW transferred by each broker to each licensed LLRW disposal facility. (E) The identification of all brokers or agents to which LLRW was transferred and the volume and activity by class of the generator’s LLRW transferred by each broker or agent to each licensed LLRW disposal facility. (F) The weight of source material by its type. For purposes of this paragraph, “type” includes, but is not limited to, natural uranium, depleted uranium, or thorium. (G) The total number of grams of special nuclear material by radionuclide, and the maximum number of grams of special nuclear material in any single shipment by radionuclide. (H) As complete a description as practicable of the principal chemical and physical form of the LLRW by volume and radionuclide, including the identification of any known hazardous properties, other than its radioactive property. (I) For solidified or sorbed liquids, the nature of the liquid, the solidifying or sorbing agent used, and the final volume. (J) For LLRW containing more than 0.1 percent by weight chelating agents, the identification of the chelating agent, the volume and weight of the LLRW and the weight percentage of the chelating agent. (K) For LLRW that was treated, either by the generator or its agent or independent contractor, in preparation for transfer to a licensed LLRW disposal facility described in paragraph (8) of subdivision (a) for the purpose of reducing its volume or activity by any method including reduction by storage for decay, or for the purpose of changing its physical or chemical characteristics in a manner other than by solidification or sorption of liquids, the file shall include a description of the treatment process. (L) The volume, volume by class, and activity by radionuclide and class of that LLRW, if any, that the generator is holding at the end of the annual reporting period because the generator knows or has reason to believe that LLRW will not be accepted for disposal at any of the licensed LLRW disposal facilities. The file shall include a description of this LLRW. (d) The department shall maintain a file on each generator’s LLRW stored, including specific radionuclides, total volume, volume by class, total activity, and activity by radionuclide and class of LLRW stored for decay and stored for later transfer, including the periods of time for both types of storage. (e) (1) The department shall prepare an annual report, including a set of tables summarizing data collected from the activities and maintenance of files specified in subdivisions (c) and (d) to the department. These annual data tables shall contain information that summarizes and categorizes, by category, and if applicable, subcategory, of generator and location by county and identity of generator, the nature, characteristics and the total volume, volume by class, total activity and activity by radionuclide and class of LLRW generated, disposed of, treated, transferred, stored for later transfer, and stored for decay during each calendar year. (2) The department shall note, in the set of tables prepared pursuant to paragraph (1), any generator for which data are lacking. (f) The department shall make the information described in subdivisions (c) and (d) available to the public in a format that aggregates the information by county. The department shall not make public the identity and location of any site where LLRW is stored or used. The department may combine information from multiple counties if necessary to protect public security. Notwithstanding any other provision of law, the department shall not make the report prepared pursuant to subdivision (e) available to the public, and the report is not subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (g) The department may make the information described in subdivisions (c) and (d) available upon request to any Member of the Legislature. No Member of the Legislature may disclose the identity or location of any site where LLRW is stored or used to any member of the general public. (h) To meet the requirements of this section, each generator shall submit to the department the information included in Forms 540, 541, and 542, and any successor forms, of the Nuclear Regulatory Commission, for each LLRW shipment. In addition, for purposes of subparagraph (L) of paragraph (4) of subdivision (c) and subdivision (d), each generator shall annually complete and submit to the department the information included on Forms 540, 541, and 542, and any successor forms, of the Nuclear Regulatory Commission that describe the LLRW stored and shipped by the generator. (Amended by Stats. 2021, Ch. 615, Sec. 279. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  70. 115005.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must create a plan for managing, treating, and disposing of low-level radioactive waste in California, and several plan elements and reports have deadlines.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115005. In addition to the requirements imposed by Section 115000, the department shall develop an overall plan, in consultation with other state, regional, and federal agencies, for the management, treatment, and disposal of low-level radioactive waste generated within California. The plan shall contain, at a minimum, all of the following elements: (a) Specific contingency plans to address the needs of the state for the short-term storage of low-level radioactive waste in the event of a precipitous closure of existing out-of-state commercial waste disposal facilities and to evaluate feasible alternatives for meeting the state’s needs. This element of the plan shall include, but is not limited to, all of the following factors: (1) The amount and kinds of low-level radioactive waste generated by California licensees and current disposal locations. (2) The size and nature of an interim storage facility required to meet California’s interim low-level radioactive waste disposal needs. (3) The cost of developing and operating an interim storage site by the department or contracting organizations. (4) Criteria for the siting of an interim storage site, including, but not limited to, all of the following: (A) Proximity to population. (B) Geologic stability. (C) Proximity to ground or surface water. (D) Availability of transportation. (E) General public health and economic considerations. This element of the plan shall be completed and submitted to the appropriate committees of each house of the Legislature on or before December 31, 1982. (b) A classification scheme for the separation of low-level waste that will facilitate the management, treatment, storage, and ultimate disposal of the waste. This classification scheme shall consider the matters as possible de minimis radiation levels for specific radionuclides, the quantity and specific activity of the material, its persistence, toxicity, chemical form, reactivity, and the principal radionuclides present. The classification scheme shall also include the specifications necessary to determine which classes of waste may or may not be accepted for storage in an interim storage facility established pursuant to Section 115045, that may or may not be held by the licensee for decay to specified residual radioactivity levels and that require long-term isolation from the environment, as the case may be, for the protection of the public health and safety. The department may require as a condition of licensure the submission of information necessary to determine the total amount of waste produced in each class of the classification scheme. The department may, by regulation, adopt the classification scheme establishing which wastes may or may not be accepted at an interim storage facility or at a treatment or disposal facility. This element of the plan shall be completed and submitted to the appropriate committees of each house of the Legislature on or before December 31, 1982. (c) Siting criteria for potential land burial disposal sites and treatment facilities within the state. In establishing these criteria, the department shall consider the following factors, including, but not limited to: (1) The present and projected future uses of land, water, and natural resources. (2) The proximity of the site to major population centers. (3) The presence of active earthquake faults. (4) Geologic and other natural barriers that protect against surface or groundwater contamination. (5) The effectiveness of engineered barriers, waste treatment, and waste packaging in ensuring isolation of the waste from the environment. (6) Transportation of radioactive materials as it relates to public health and safety. (7) The relative economic impact of location and operation of treatment or disposal facilities. This element of the plan shall be completed and submitted to the appropriate committees of each house of the Legislature on or before December 31, 1982. (d) A plan of action to minimize the environmental, occupational, and public health impact of low-level radioactive waste and to protect the public health and safety by encouraging a reduction in the amount and toxicity of waste produced. This activity shall include conducting or having studies conducted that evaluate the technical and economic feasibility of (1) reducing the volume, reactivity, and chemical and radioactive hazard of the waste, (2) cleaning contaminated, nonactivated metals and other materials to permit their recycle and reuse, and (3) substituting nonradioactive or short-lived radioactive materials for those radionuclides that require long-term isolation from the environment. The results of these studies, along with the departmental recommendations for their implementation, shall be reported by the department to the appropriate committees of the Legislature on or before December 31, 1983. (e) Within six months after September 28, 1983, the Governor shall direct the appropriate state agency or agencies, as determined by the Governor, to conduct and complete a study that identifies those regions of the state within which it is likely the criteria developed pursuant to subdivision (c) could be met. The state agency or agencies, so directed, may also request, when appropriate, the assistance of state or federal agencies or private organizations. (Amended by Stats. 2004, Ch. 183, Sec. 228. Effective January 1, 2005.)
  71. 11501.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

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    The State of California or a local subdivision may sue people unlawfully selling controlled substances to recover public funds paid to them during an investigation.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11501. The State of California, or any political subdivision thereof, may maintain an action against any person or persons engaged in the unlawful sale of controlled substances for the recovery of any public funds paid over to such person or persons in the course of any investigation of violations of this division. All proceedings under this section shall be instituted in the superior court of the county where the funds were paid over, where the sale was made, or where the defendant resides. Notwithstanding Section 483.010 of the Code of Civil Procedure, in any action under this section, a writ of attachment may be issued, without the showing required by Section 485.010 of the Code of Civil Procedure, in the manner provided by Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure to attach any funds paid over or any other funds on the defendant’s person at the time of his arrest. (Amended by Stats. 1974, Ch. 1516.)
  72. 115010.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may not issue a land-disposal license for radioactive material unless listed conditions are met, must adopt emergency regulations, and may set a fee for issuing or renewing the license.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115010. (a) The department shall not grant any license to receive radioactive material from other persons for disposal on land unless all of the following requirements are satisfied: (1) The land on which the radioactive wastes are to be buried is owned by the federal or state government. (2) The department determines that the site is consistent with the public health and safety. (3) The applicant for the license will comply with the emergency regulations adopted by the department pursuant to subdivision (b). (b) Not later than six months after September 28, 1983, the department shall adopt emergency regulations for the licensing of those persons engaged in the disposal of low-level radioactive waste and for implementing this section and Sections 115015, 115020, and 115030. The emergency regulations shall be consistent with the federal regulations found in Sections 301 through 311, inclusive, of Part 20 of Title 10 and in Part 61 of Title 10 of the Code of Federal Regulations (Federal Register, Vol. 47, No. 28, page 57446, December 27, 1982) and shall be adopted solely for the purposes of clarifying and rendering specific, for application in California, these federal regulations and implementing this section and Sections 115015, 115020, and 115030. (c) The emergency regulations specified in subdivision (b) shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the department pursuant to this subdivision shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department. (d) The department may, by emergency regulation adopted in accordance with subdivision (c), establish and collect a fee for the issuance or renewal of a license specified in subdivision (a). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  73. 115010.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must set and collect a fee by regulation for issuing or renewing licenses to dispose of low-level radioactive waste.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115010.5. The department shall, by regulation, establish and collect a fee for the issuance or renewal of a license to dispose of low-level radioactive waste pursuant to this chapter. The fees collected shall be sufficient to cover the state’s cost in reviewing the application, issuing or renewing the license, and inspecting and conducting oversight of the licensee. (Added by Stats. 2002, Ch. 513, Sec. 3. Effective January 1, 2003.)
  74. 115015.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may limit how many licenses are issued for receiving radioactive material from others for disposal on land.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115015. The department may limit the number of licenses issued pursuant to Sections 114990, 115010, and 115020 authorizing the receipt of radioactive material from other persons for disposal on land. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  75. 11502.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

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    Courts must deposit fines, forfeited bail, and other moneys with the county treasurer promptly, then the deposited amounts are split monthly between the State Treasurer and the city or county treasurer as specified.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11502. (a) All moneys, forfeited bail, or fines received by any court under this division shall as soon as practicable after the receipt thereof be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid at least once a month as follows: 75 percent to the State Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court to be deposited in the State Treasury on order of the Controller; and 25 percent to the city treasurer of the city, if the offense occurred in a city, otherwise to the treasurer of the county in which the prosecution is conducted. (b) Any money deposited in the State Treasury under this section that is determined by the Controller to have been erroneously deposited therein shall be refunded by him or her out of any moneys in the State Treasury that are available by law for that purpose. (Amended by Stats. 2016, Ch. 31, Sec. 161. (SB 836) Effective June 27, 2016.)
  76. 115020.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Applicants must file the required statement and notice within three months after the emergency regulations are adopted. The department must review them, the director must make a determination, and the department may select a license designee, collect a filing fee, and require a bond.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115020. (a) All applicants filing a statement of capabilities and notice of intention to file an application for a license to receive radioactive materials from other persons for disposal on land shall file the statement and notice within three months after the department adopts the emergency regulations specified in subdivision (b) of Section 115010. Within 45 days after the termination of that three-month filing period, the department shall evaluate the statements of capabilities and notices of intent. The director shall determine, within that 45-day period, whether the department has received one or more statements and notices that are likely to result in the filing of an application for a license satisfying the requirements of Section 115010. (b) If the director determines, within the 45-day period specified in subdivision (a), that the department has received one or more statements of capabilities and notices of intent which are likely to result in the filing of an application for a license, the department shall, within the 45-day period, select one of the applicants who filed the statement of capabilities and notice of intent to file a license application as a license designee. (c) The department shall adopt emergency regulations establishing procedures for the review and evaluation of the statements of capabilities and notices of intent, as specified in subdivision (a), and for the selection of a license designee, as specified in subdivision (b). These emergency regulations shall be adopted by the department in accordance with subdivision (c) of Section 115010 and shall include procedures for soliciting, evaluating, ranking, and designating license designees and for selecting alternative license designees based upon the ranking. (d) The department may solicit additional statements of capabilities and notices of intent if a license designee withdraws or becomes ineligible for licensing, or if a license is issued and is then suspended, revoked, or terminated. (e) The department may, by emergency regulations adopted in accordance with subdivision (c) of Section 115010, establish and collect a fee for filing a statement of capabilities and notice of intent. (f) The department may require that a person selected as a license designee pursuant to this section post a bond of up to one million dollars ($1,000,000) to guarantee that the person will carry out the activities connected with completing the license application and obtaining the license. The department shall, by emergency regulation adopted in accordance with subdivision (c) of Section 115010, establish standards for the forfeiture of the bond. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  77. 115025.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section requires the director to notify the Secretary of the Resources Agency in some cases, then requires the Secretary to file a license application within one year. It also allows a General Fund loan for implementation, limits the loan amounts, requires repayment with interest, and requires fees to be set if a state disposal site is established.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115025. (a) If, within 45 days after the termination of the three-month filing period specified in subdivision (a) of Section 115020, the director determines that the department has not received a statement of capabilities and a notice of intent to file an application for a license to receive radioactive materials from other persons for disposal on land that is likely to result in the filing of an application that satisfies the requirements of Section 115010, the director shall notify the Secretary of the Resources Agency. (b) Within one year after receiving the notification specified in subdivision (a), the Secretary of the Resources Agency shall file with the department an application for a license to receive radioactive materials from other persons for disposal on land at a site within a region identified pursuant to subdivision (e) of Section 115005 and that is owned, operated, or both, by the state. (c) (1) Upon the request of the Resources Agency, the Director of Finance may provide a loan from the General Fund to the Resources Agency for the purposes of implementing this section. The Resources Agency shall repay any loans made pursuant to this section pursuant to the terms and conditions prescribed by the Department of Finance, including interest at the rate set by the Pooled Money Investment Board pursuant to Section 16314 of the Government Code. (2) The Director of Finance shall not provide more than two million dollars ($2,000,000) pursuant to this subdivision during the 1983–84 fiscal year. The amount for loans in the 1984–85 fiscal year, and subsequent fiscal years, shall be specified annually in the Budget Act and the total of all loans made pursuant to this subdivision shall not exceed fifteen million dollars ($15,000,000). (d) If a radioactive materials disposal site that is owned, operated, or both, by the state is established pursuant to this section, the Secretary of the Resources Agency shall establish a schedule of fees to be charged each person who disposes of radioactive materials at the site. The schedule of fees shall be set at an amount sufficient to reimburse the state for any costs incurred in developing, constructing, and operating the site. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  78. 11503.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

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    Judges and magistrates who collect fines or forfeitures under this division must keep records and send them to the county auditor at least monthly; the county auditor must then send related records to the State Controller when each warrant is transmitted to the State Treasurer.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11503. Judges and magistrates who collect fines or forfeitures under this division shall keep a record thereof, and, upon the imposition of any such fine or forfeiture, shall at least monthly transmit a record of it to the county auditor. The county auditor shall transmit a record of the imposition, collection and payment of such fines or forfeitures to the State Controller at the time of transmittal of each warrant to the State Treasurer pursuant to this article. (Repealed and added by Stats. 1972, Ch. 1407.)
  79. 115030.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may require fee schedules for radioactive material disposal to be submitted before use, and may require changes if it finds the fees reasonable after a public hearing and written findings.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115030. The department may require that all schedules of fees charged for the disposal of radioactive material by a person owning or operating a site licensed pursuant to Section 115010 are to be submitted to the department prior to their implementation. The department may determine, following a public hearing and based upon written findings, if the fees to be charged are reasonable and may require the owner or operator to modify the fee schedule if so determined by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  80. 115035.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may set by regulation additional fees for disposing of low-level radioactive waste in the state.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115035. In addition to the fees authorized to be levied pursuant to Section 115065, the department may, by regulation, set fees to be paid for the disposal in the state of low-level radioactive waste, set in an amount sufficient to pay the costs of the regulatory activities specified in paragraphs (2) and (3) of subdivision (E) of Article 4 of the Southwestern Low-Level Radioactive Waste Disposal Compact, as specified in Section 115255. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  81. 11504.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

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    If a defendant is released before the sentence ends and imprisonment is replaced with a fine or forfeiture, the fine or forfeiture must be recorded and accounted for as if it had been imposed originally.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11504. When an imprisonment has been imposed for a violation of this division, and before the termination of the sentence, the defendant is released by the vacation of the sentence of imprisonment and the imposition of a fine or forfeiture instead, the fine or forfeiture shall be recorded and accounted for in the same manner as though it had been imposed in the first instance. (Repealed and added by Stats. 1972, Ch. 1407.)
  82. 115040.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The license designee must file periodic financial reports with the department and report major cost overruns and underruns.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115040. (a) The license designee shall file periodic financial reports with the department as directed by the department. These reports shall provide detailed information on past and projected expenditures for development and operation of the low-level radioactive waste disposal site according to programmatic function, including, but not limited to, all of the following: (1) Program management. (2) Candidate sites selection. (3) Site characterization. (4) Environmental. (5) Public and agency involvement. (6) Licensing and permitting. (7) Site development. (8) Land acquisition. (9) Financing. (10) Operations. (b) The license designee shall file reports with the department, as directed by the department, that identify, quantify, and explain major causes of actual and projected cost overruns and cost underruns with regard to the cost projections provided in the statement of capabilities and notice of intent. (c) The Legislature finds and declares that the purpose of this section is to identify minimum financial reporting requirements for the costs of developing and operating the state’s low-level radioactive waste disposal facility. This section does not limit the authority of the department to require the license designee to furnish any additional information that the department determines to be necessary to fulfill its duties under this chapter, including Section 115030. (Amended by Stats. 2006, Ch. 538, Sec. 432. Effective January 1, 2007.)
  83. 115045.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may establish and run low-level radioactive waste interim storage facilities, but users must follow state and federal waste-handling rules and several timing and closure requirements apply.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115045. (a) The department is authorized, pursuant to subdivision (d), to establish and operate, or contract for the establishment and contract for operation, of one or more low-level radioactive waste interim storage facilities for the exclusive use of persons located in California who are licensed by the department or the United States Nuclear Regulatory Commission. (b) In addition to the fees authorized to be levied pursuant to Section 115065, the department is authorized to set and collect fees, by regulation, to be paid by generators in California of low-level radioactive waste in an amount sufficient to support the development and operation of the facilities including the surveillance and repair of damaged packages, maintenance of the facilities, decontamination, decommissioning, and postclosure maintenance of these facilities, recordkeeping systems, and other activities as the department finds necessary to ensure the safe operation of such a facility. In no event shall any fee be set in an amount that exceeds the amount reasonably necessary to implement this section. The department is also authorized to require the operators or the users of the facilities to post bonds or possess adequate insurance as may be reasonably necessary to protect the state against such liabilities as storage and ultimate disposal costs for abandoned waste and against claims arising out of accidents or failures of the storage facility. (c) All users of any facility operated pursuant to this section must all meet state and federal orders, requirements, or regulations for handling and management of low-level radioactive waste including those prescribed pursuant to subdivision (b) of Section 115005. (d) No low-level radioactive waste interim storage facility may be established pursuant to subdivision (a) until all of the following occurs: (1) The department has fulfilled the requirements of subdivisions (a) and (b) of Section 115005 and has submitted its findings to the Legislature. (2) The establishment of the interim storage facility is consistent with the elements of the low-level radioactive waste disposal plan specified in subdivisions (a) and (b) of Section 115005. (3) The department files a notice with the Legislature, while in session, 60 days before establishing the facility. (e) In addition to any other grounds authorizing the department, or any person with whom it contracts, to cease the operation of a low-level radioactive waste interim storage facility, any such facility shall cease accepting low-level radioactive waste for interim storage (1) no later than five years after the date it commences operating or (2) if the director determines that an alternate disposal site is available to California licensees in the western region of the United States, whichever event occurs first. (f) Within seven years of commencing operation of any interim storage facility all wastes stored at the facility shall be transferred to a permanent land burial disposal site or permanently disposed of by some other treatment or means of disposal and the facility shall be closed and thereafter, to the extent necessary, as determined by the department, decontaminated and decommissioned. (g) This section shall remain in effect for a period of eight years from the date of the establishment of a low-level radioactive waste interim storage facility pursuant to this section, and as of that date is repealed. The director shall report the date the facility is established to the appropriate committees of each house of the Legislature and the Legislative Counsel Bureau. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Repealed as of date prescribed by its own provisions.)
  84. 11505.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

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    If a fine was imposed for violating this division, and imprisonment is imposed before the fine is fully paid, the imprisonment must be recorded and accounted for to the county auditor.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11505. Whenever a fine has been imposed for violation of this division, and before the full payment of the fine a sentence of imprisonment is imposed instead, the imprisonment shall be recorded and accounted for to the county auditor. (Added by Stats. 1972, Ch. 1407.)
  85. 115050.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Governor must negotiate certain interstate waste-disposal agreements and report on those negotiations to the Legislature every four months until they end or an agreement is reached.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115050. The Governor shall negotiate and enter into interstate agreements, interstate compacts, or agreements with compacts, for the purpose of establishing access to, or maintaining access to, land disposal facilities for low-level radioactive waste generated in California. The terms of the agreement or compact may include, but are not limited to, a provision that the other parties to the agreement or compact will have reciprocal access to California permanent disposal facilities, when operational. The Governor shall report to the Legislature on the status of these negotiations within four months after September 28, 1983, and every four months thereafter, until an agreement or compact is entered into or the negotiations are terminated. Any agreement or compact that proposes membership for California in a compact made pursuant to the Low-Level Radioactive Waste Policy Act (42 U.S.C. Secs. 2021b to 2021d, inclusive) or any interstate agreement or agreement with a compact that includes a provision that the other parties to the agreement will have reciprocal access to California permanent disposal facilities, when operational, shall be submitted to the Legislature for ratification by statute. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  86. 115055.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The director must appoint an advisory committee and also appoint the county environmental health director from the county where a low-level waste disposal facility is located.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Control Agency [114990 - 115055] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115055. The director shall appoint, in consultation with the Chairperson of the Senate Committee on Rules and the Speaker of the Assembly, an advisory committee to advise the department regarding methods for minimizing the environmental impact of low-level wastes, criteria for siting low-level waste treatment and burial facilities, alternatives to land burial of low-level waste, and waste classification schemes. The committee shall include representatives from the field of medicine, and from research, industrial, environmental, and public health organizations, who have demonstrated expertise and experience with radioactive materials, waste management, the health effects of exposure to low-level waste, or the environmental impact associated with the storage of low-level waste. The director shall appoint to the advisory committee the director of environmental health of the county where a low-level waste disposal facility is sited. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  87. 11506.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

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    The State Controller must compare received reports and records with fines and forfeitures transmittals, and if fines or forfeitures were not transmitted, the county auditor must and the State Controller may bring suit to enforce collection or transmittal.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11506. The State Controller shall check the reports and records received by him with the transmittals of fines and forfeitures and whenever it appears that fines or forfeitures have not been transmitted the county auditor shall and the State Controller may bring suit to enforce their collection or transmittal, or both. (Added by Stats. 1972, Ch. 1407.)
  88. 115060.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must create licensing and regulation rules for radioactive materials and mammography equipment, and it may require registration, inspection, or exemptions in some cases.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115060. (a) The department shall provide by rule or regulation for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or devices or equipment utilizing these materials. That rule or regulation shall provide for amendment, suspension, or revocation of licenses. (b) The department may require registration and inspection of sources of ionizing radiation other than those that require a specific license, and compliance with specific safety standards to be adopted by the department. (c) The department may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when the department makes a finding that the exemption of these sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public. (d) Regulations adopted pursuant to this chapter may provide for recognition of other state or federal licenses as the department may deem desirable, subject to registration requirements as the department may prescribe. (e) The department shall adopt registration and certification regulations for mammography equipment. These regulations shall include, but not be limited to, all of the following requirements: (1) An X-ray machine used for mammography shall be specifically designed for mammography and inspected by the department, or deemed satisfactory by the department based upon evidence of certification by the American College of Radiology mammography accreditation program, or an accreditation program that the department deems equivalent before it is certified. (2) That all persons who have a certificate for mammography equipment follow a quality assurance program to be adopted by the department to ensure the protection of the public health and safety. (3) That quality assurance tests, as determined by the department, are performed on all mammography equipment located in a mobile van or unit after each relocation of the mobile van or unit to a different location for the purpose of providing mammography. This equipment shall be recalibrated if images are not of diagnostic quality as determined by the department. A written record of the location of mobile vans or units with dates and times shall be maintained and available for inspection by the department. (4) On or after July 15, 1993, all mammography equipment shall be registered with and certified by the department. If this mammography equipment is certified by a private accreditation organization, the department shall take into consideration evidence of this private certification when deciding to issue a mammogram certification. (5) All licenses, permits, and certificates issued by the department pursuant to this chapter and the Radiologic Technology Act (Section 27) relating to the use of mammography equipment shall be publicly posted pursuant to this section and regulations adopted by the department. (f) To further ensure the quality of mammograms, the department shall require all mammogram facilities, other than mobile units or vans, to operate quickly and efficiently so as to ensure that the facilities are able to develop mammograms of diagnostic quality prior to when the patient leaves the facility. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  89. 115060.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must exempt qualifying bomb squads from certain radiation-control requirements, and it may revoke that exemption if a jurisdiction does not comply.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115060.5. (a) Except as provided in subdivisions (b) and (c), the department shall exempt a bomb squad of a city, city and county, county, special district, or the State of California, including the University of California, from the requirements of Section 30336.1 of Title 17 of the California Code of Regulations if all of the following requirements are met: (1) All operators of ionizing sources of radiation are explosive ordnance disposal technicians certified as bomb technicians by the United States Federal Bureau of Investigation or a successor federal agency responsible for training and certifying bomb technicians. Nothing in this paragraph shall be construed to authorize the use, possession, or transfer of radioactive material. (2) (A) A radiation safety officer, who is certified as a bomb technician by the United States Federal Bureau of Investigation or a successor federal agency responsible for training and certifying bomb technicians, is designated by the employing jurisdiction. (B) Except as provided in subparagraph (C), the radiation safety officer is exempt from the requirements of Section 30336.7 of Title 17 of the California Code of Regulations. (C) The radiation safety officer shall comply with subdivision (b) of Section 30336.7 of Title 17 of the California Code of Regulations. (3) The bomb squad has written operating procedures that apply to the kinds of radiation machines used by the bomb squad and are followed by applicable personnel. (4) Radiation machines maintained and operated by the bomb squad meet the requirements specified in the American National Standard N537-1976 “Radiological Safety Standards for the Design of Radiographic and Fluoroscopic Industrial X-Ray Equipment” published as NBS Handbook 123, issued August 1977, or subsequent standards that the department determines to be applicable. (5) The jurisdiction provides annual refresher training to all operators at intervals not to exceed 12 months. The training shall address or provide, at a minimum, the results of department’s inspections, information on new procedures or equipment, accidents or errors that have been observed and steps to prevent recurrence, and an opportunity for individuals to ask radiation safety related questions. (b) The radiation surveys and radiation survey instruments referenced in subdivisions (f), (g), and (i) of Section 30336.1 of Title 17 of the California Code of Regulations shall not be required when the United States Federal Bureau of Investigation standard operating procedure of clearing an evacuation distance of at least 300 feet in all directions from the X-ray source is used. (c) Boundaries need not be posted or protected as high radiation areas as required in subdivisions (h), (j), and (l) of Section 30336.1 of Title 17 of the California Code of Regulations when other law enforcement officers are maintaining the United States Federal Bureau of Investigation standard evacuation boundary. (d) The department shall evaluate compliance with this section during its inspection of the bomb squad. (e) The department may revoke or rescind the exemption provided pursuant to this section if a jurisdiction fails to comply with this section. (Added by Stats. 2017, Ch. 128, Sec. 1. (AB 911) Effective January 1, 2018.)
  90. 115061.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Radiologic Health Branch must adopt regulations for medical and dental radiation equipment quality assurance, and those regulations must require tests and standards to protect public health and safety.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115061. (a) In order to better protect the public and radiation workers from unnecessary exposure to radiation and to reduce the occurrence of misdiagnosis, the Radiologic Health Branch within the State Department of Health Services shall adopt regulations that require personnel and facilities using radiation-producing equipment for medical and dental purposes to maintain and implement medical and dental quality assurance standards that protect the public health and safety by reducing unnecessary exposure to ionizing radiation while ensuring that images are of diagnostic quality. The standards shall require quality assurance tests to be performed on all radiation-producing equipment used for medical and dental purposes. (b) The Radiologic Health Branch shall adopt the regulations described in subdivision (a) and provide the regulations to the health committees of the Assembly and the Senate on or before January 1, 2008. (c) For purposes of this section, “medical and dental quality assurance” means the detection of a change in X-ray and ancillary equipment that adversely affects the quality of films or images and the radiation dose to the patients, and the correction of this change. (Amended by Stats. 2006, Ch. 538, Sec. 433. Effective January 1, 2007.)
  91. 115065.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must set fee schedules by regulation for certain radioactive-material users and may adopt emergency regulations to set or adjust license fees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115065. (a) Notwithstanding Section 6103 of the Government Code, the department shall provide by regulation a schedule of the fees that shall be paid by the following persons: (1) Persons possessing radioactive materials under licenses issued by the department or under other state or federal licenses for the use of these radioactive materials, when these persons use these radioactive materials in the state in accordance with the regulations adopted pursuant to subdivision (d) of Section 115060. (2) Persons generally licensed for the use of devices and equipment utilizing radioactive materials that are designed and manufactured for the purpose of detecting, measuring, gauging, or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing light or an ionized atmosphere, if the devices are manufactured pursuant to a specific license authorizing distribution to general licensees. (b) The revenues derived from the fees shall be used, together with other funds made available therefor, for the purpose of the issuance of licenses or the inspection and regulation of the licensees. (c) The department may adopt emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code to establish and adjust fees for radioactive materials licenses in an amount to produce estimated revenues equal to at least 95 percent of the department’s costs in carrying out these licensing requirements, if the new fees were to remain in effect throughout the fiscal year for which the fee is established or adjusted. (d) A local agency participating in a negotiated agreement pursuant to Section 114990 shall be fully reimbursed for direct and indirect costs based upon activities governed by Section 115070. With respect to these agreements, any salaries, benefits, and other indirect costs shall not exceed comparable costs of the department. (e) The fees for licenses for radioactive materials and of devices and equipment utilizing those materials shall be adjusted annually pursuant to Section 100425. (f) The department shall establish fees for followup inspections related to the failure to correct violations of this chapter or regulations adopted pursuant to this chapter. The fees established by the department may be charged for each inspection visit. (Amended by Stats. 2006, Ch. 74, Sec. 36. Effective July 12, 2006.)
  92. 11507.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

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    A judge’s or magistrate’s official bond is liable if the judge or magistrate fails to transmit fines or forfeitures imposed under this division.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11507. The official bond of any judge or magistrate is liable for his failure to transmit the fines or forfeitures imposed by him under this division. (Added by Stats. 1972, Ch. 1407.)
  93. 115070.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Inspection frequency for radioactive materials must follow priorities set by the United States Nuclear Regulatory Commission.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115070. The frequency of inspections of radioactive materials shall be based on priorities established by the United States Nuclear Regulatory Commission. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  94. 115075.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The director may adopt emergency regulations to establish and adjust certain fees, subject to the stated timing and procedural references.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115075. In addition to the annual adjustment of the fees authorized by this chapter pursuant to Section 100425, on or before January 1, 1991, the director may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, to establish and adjust these fees, and for purposes of that chapter, including Section 11349.6 of the Government Code, an adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  95. 11508.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. )

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    Records kept by a judge or magistrate under this division are open to public inspection, and certain state officials may check them.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9. Collection and Disposition of Fines [11500 - 11508] ( Chapter 9 added by Stats. 1972, Ch. 1407. ) ## 11508. The records kept by a judge or magistrate under this division are open to public inspection, and may be checked by the State Controller, the Attorney General, the district attorney of the particular county, or the state bureau. (Added by Stats. 1972, Ch. 1407.)
  96. 115080.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must set inspection priorities and related fees by regulation, and it must also set certain registration and followup-inspection fees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115080. (a) Notwithstanding Section 6103 of the Government Code, the department shall provide by regulation a ranking of priority for inspection, as determined by the degree of potentially damaging exposure of persons by ionizing radiation and the requirements of Section 115085, and a schedule of fees, based upon that priority ranking, that shall be paid by persons possessing sources of ionizing radiation that are subject to registration in accordance with subdivisions (b) and (e) of Section 115060, and regulations adopted pursuant thereto. The revenues derived from the fees shall be used, together with other funds made available therefor, for the purpose of carrying out any inspections of the sources of ionizing radiation required by this chapter or regulations adopted pursuant thereto. The fees shall, together with any other funds made available to the department, be sufficient to cover the costs of administering this chapter, and shall be set in amounts intended to cover the costs of administering this chapter for each priority source of ionizing radiation. Revenues generated by the fees shall not offset any general funds appropriated for the support of the radiologic programs authorized pursuant to this chapter, and the Radiologic Technology Act (Section 27), and Chapter 7.6 (commencing with Section 114960). Persons who pay fees shall not be required to pay, directly or indirectly, for the share of the costs of administering this chapter of those persons for whom fees are waived. The department shall take into consideration any contract payment from the Health Care Financing Administration for performance of inspections for Medicare certification and shall reduce this fee accordingly. (b) A local agency participating in a negotiated agreement pursuant to Section 114990 shall be fully reimbursed for direct and indirect costs based upon activities governed by Section 115085. With respect to these agreements, any salaries, benefits, and other indirect costs shall not exceed comparable costs of the department. Any changes in the frequency of inspections or the level of reimbursement to local agencies made by this section or Section 115085 during the 1985–86 Regular Session shall not affect ongoing contracts. (c) The fees paid by persons possessing sources of ionizing radiation shall be adjusted annually pursuant to Section 100425. (d) The department shall establish two different registration fees for mammography equipment pursuant to this section based upon whether the equipment is accredited by an independent accrediting agency recognized under the federal Mammography Quality Standards Act (42 U.S.C. Sec. 263b). (e) The department shall establish fees for followup inspections related to the failure to correct violations of this chapter or regulations adopted pursuant to this chapter. The fees established by the department may be charged for each inspection visit. (Amended by Stats. 2006, Ch. 74, Sec. 37. Effective July 12, 2006.)
  97. 115085.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This provision sets average inspection frequencies for different ionizing radiation sources and requires dentistry sources to be screened by mail or other offsite methods at least every five years, with certain physical inspections averaging at least every six years.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115085. The average inspection frequency for ionizing radiation machines shall be once each year for mammography X-ray units, once every three years for high-priority sources of ionizing radiation, and once every four and one-quarter years for medium-priority sources. Sources of ionizing radiation used in dentistry shall be screened for defects by mail or other offsite methodology not less frequently than once every five years, with physical inspection of the 50 percent, determined by the department to be most in need of inspection, to average at least once every six years. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  98. 115090.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may consider a person’s background when deciding whether to grant, deny, amend, revoke, suspend, or restrict a certification, registration, or license.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115090. In making the determination of whether to grant, deny, amend, revoke, suspend, or restrict a certification, registration, or license, the department may consider those aspects of a person’s background that, in its judgment, bear materially on that person’s ability to fulfill her or his obligations, including but not limited to technical competency and her or his current or prior record in areas involving ionizing radiation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  99. 115091.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must require certain licensees and applicants to provide financial surety for radioactive-material licenses, and must set the required amount and type by regulation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115091. The department shall require a licensee or an applicant for a license pursuant to Section 115060 to receive, possess, or transfer radioactive materials, or devices or equipment utilizing radioactive materials, to provide a financial surety to ensure performance of its obligations under this chapter. The department shall establish, by regulation, the amount and type of financial surety that is required to be provided in order to provide for maximum protection of the public health and safety and the environment. The financial surety shall be in the form of surety bonds, deposits of government securities, escrow accounts, lines of credit, trust funds, credit insurance, or any other equivalent financial surety arrangement acceptable to the department. The department shall adopt the regulations in accordance with, but not limited to, the following criteria: (a) Consideration of the need for, and scope of, any decontamination, decommissioning, reclamation, or disposal activities required to protect the public health and safety and the environment. (b) Estimates of the costs of the required decontamination, decommissioning, reclamation, or disposal. (c) The costs of long-term maintenance and surveillance, if required. (d) Consideration of the appropriateness of specific requirements imposed in the financial assurance regulations adopted by the Nuclear Regulatory Commission, including, but not limited to, the minimum levels of financial assurance required to be provided by different categories of facilities, and the categories of facilities which are exempted from the requirement to provide a financial surety. (Added by Stats. 1996, Ch. 1023, Sec. 337. Effective September 29, 1996.)
  100. 115092.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must place surety money into a special account, may not use it for normal operating expenses, and must set up refund rules for licensees. If a radioactive materials licensee cannot or will not do necessary cleanup or maintenance, the department can order corrective action and spend the surety money for that work.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115092. (a) The department shall deposit all money received from a financial surety provided pursuant to Section 115091 in the Financial Surety Account, which is hereby created in the Radiation Control Fund. (b) Notwithstanding Section 13340 of the Government Code, the money in the Financial Surety Account is hereby continuously appropriated to the department for expenditure only for the decontamination, decommissioning, reclamation, and disposal of radioactive materials, and for long-term maintenance and surveillance for the protection of the public health and safety and the environment, in accordance with subdivision (e), with regard to the facility or operations of the licensee who provided the financial surety. (c) The department may not expend the money in the Financial Surety Account for normal operating expenses of the department. (d) The department shall, by regulation, establish a procedure whereby a licensee may be refunded the amount of the financial surety provided by the licensee in excess of any amounts expended by the department and any amounts that are required to be retained to cover the costs of long-term maintenance and surveillance pursuant to subdivision (b), with regard to that licensee’s facility or operations. The regulations shall specify that the refund may be received only after the department has determined that the licensee has fully satisfied all of its obligations under its license, and all other obligations which the regulations require to be satisfied before the licensee may receive a refund. (e) If the department finds that a radioactive materials licensee is unable to, or is unwilling to, conduct any decontamination, decommissioning, reclamation, disposal, or long-term maintenance and surveillance that may be necessary, the department shall issue an order directing any action and corrective measures it finds necessary to protect the public health and safety and the environment. The department may undertake, or contract for the undertaking of, any actions or corrective measures which the licensee fails to satisfactorily complete, and may expend the amount of the financial surety provided by the licensee to pay the costs of those actions and corrective measures. (Added by Stats. 1996, Ch. 1023, Sec. 338. Effective September 29, 1996.)
  101. 115093.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must require a licensee to correct contamination linked to radioactive materials, including cleanup beyond the facility boundary when necessary.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation [115060 - 115093] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115093. (a) The department shall require, as a condition of issuing a license to receive, possess, or transfer radioactive materials, or devices or equipment utilizing radioactive materials, that the licensee take corrective action with regard to all contamination that results from the handling, use, storage, or transportation of radioactive materials at the licensee’s facility regardless of when the contamination commenced at the facility. (b) Any corrective action required pursuant to this section shall require that corrective action be taken beyond the facility boundary if necessary to protect human health and safety or the environment, unless the licensee demonstrates to the satisfaction of the department that, despite the licensee’s best efforts, the licensee is unable to obtain the necessary permission to undertake the corrective action. (c) When corrective action cannot be completed prior to issuance of the license, the license shall contain schedules of compliance for corrective action and assurances of financial responsibility for completing the corrective action. (Added by Stats. 1996, Ch. 1023, Sec. 339. Effective September 29, 1996.)
  102. 115095.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Inspection [115095 - 115102] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Authorized agency officers may enter property at reasonable times to check compliance with radiation-related laws and rules, and the property owner or occupant must allow the entry and inspection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Inspection [115095 - 115102] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115095. Any officer, employee, or agent of the department or of any state or local agency with which an agreement has been made pursuant to Section 114990 shall have the power to enter at all reasonable times upon any private or public property within the jurisdiction of the agency for the purpose of determining whether or not there is compliance with or violation of this chapter, building standards published in the State Building Standards Code relating to buildings in which there are sources of ionizing radiation, or of the regulations adopted pursuant to this chapter, and the owner, occupant, or person in charge of the property shall permit that entry and inspection. Entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  103. 115100.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Inspection [115095 - 115102] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The person responsible for registering mammographic X-ray equipment must make sure the equipment is inspected and that quality assurance tests are done by qualified individuals.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Inspection [115095 - 115102] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115100. (a) The person responsible for registering mammographic X-ray equipment shall be responsible for assuring that the mammographic X-ray equipment under his or her jurisdiction has been inspected and that mammography quality assurance tests are performed by a medical physicist, health physicist, or other individual with qualifications similar to those approved by the department and prescribed in the May 1990 version of the “Rules of Good Practice for Supervision and Operation of Mammographic X-Ray Equipment,” as approved by the Radiologic Technology Certification Committee. (b) If the department adopts regulations on or after January 1, 1993, that provide similar or stronger protection of a patient’s health and safety than the “Rules of Good Practice for Supervision and Operation of Mammographic X-Ray Equipment,” as determined by the department, then those rules shall no longer apply to this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  104. 115102.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Inspection [115095 - 115102] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A facility that operates a mammogram machine must post notices of serious violations where patients can see them, and post the notice within two working days after receiving the department’s documents.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Inspection [115095 - 115102] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115102. (a) A facility that operates a mammogram machine shall post notices of serious violations in an area that is visible to patients. For purposes of this section, “serious violation” means a Level 1 deviation, identified by an inspector, from federal Mammography Quality Standards Act of 1992 (42 U.S.C. Sec. 263b) standards, in effect as of December 31, 2009, that may seriously compromise the quality of mammography services that are offered by the facility. (b) The facility shall post the notice pursuant to this section within two working days after receipt of the documents from the department. These documents shall remain posted for a minimum of five working days or until action correcting the violation has been completed, whichever is later. (Added by Stats. 2009, Ch. 169, Sec. 1. (SB 148) Effective January 1, 2010.)
  105. 115105.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People who acquire, possess, or use a source of ionizing radiation must keep required records about receipt, storage, transfer, disposal, and any other records the department requires, unless regulations provide exemptions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115105. The department shall require each person who acquires, possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer or disposal, and other records as the department may require, subject to exemptions as may be provided by regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  106. 115110.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People who use or possess a source of ionizing radiation must keep exposure records, submit copies to the department on request, and follow reporting rules on excessive exposure.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115110. The department shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by regulations of the department. Copies of these records and those required to be kept in accordance with Section 115105 shall be submitted to the department upon request. The department shall adopt reasonable regulations, compatible with those of the United States Atomic Energy Commission, pertaining to reports of exposure of personnel. The regulations shall require that reports of excessive exposure be made to the individual exposed and to the department, and shall make provision for periodic and terminal reports to individuals for whom personnel monitoring is required. Section 6411 of the Labor Code shall not be construed as exempting any person from making any report required by this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  107. 115111.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People using CT X-ray systems for human use must record radiation dose information for diagnostic CT studies, and the interpretive report must include the dose or the protocol page.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115111. (a) Commencing July 1, 2012, subject to subdivision (e), a person that uses a computed tomography (CT) X-ray system for human use shall record the dose of radiation on every diagnostic CT study produced during a CT examination in the patient’s record, as defined in Section 123105. CT studies used for therapeutic radiation treatment planning or delivery or for calculating attenuation coefficients for nuclear medication studies shall not be required to record the dose. (b) The facility conducting the study may send electronically each CT study and protocol page that lists the technical factors and dose of radiation to the electronic picture archiving and communications system. (c) (1) Until July 1, 2013, the displayed dose shall be verified annually by a medical physicist for the facility’s standard adult brain, adult abdomen, and pediatric brain protocols, to ensure the displayed doses are within 20 percent of the true measured dose measured in accordance with subdivision (f). (2) A facility that has a CT X-ray system that is accredited by an organization that is approved by the federal Centers for Medicare and Medicaid Services, an accrediting agency approved by the Medical Board of California, or the State Department of Public Health may elect not to perform the verification described in paragraph (1). (d) Subject to subdivision (e), the interpretive report of a diagnostic CT study shall include the dose of radiation by either recording the dose within the patient’s report or attaching the protocol page that includes the dose of radiation to the report. (e) The requirements of this section shall be limited to CT systems capable of calculating and displaying the dose. (f) For the purposes of this section, dose of radiation shall be defined as one of the following: (1) The computed tomography index volume (CTDI vol) and dose length product (DLP), as defined by the International Electrotechnical Commission (IEC) and recognized by the federal Food and Drug Administration (FDA). (2) The dose unit as recommended by the American Association of Physicists in Medicine. (g) For purposes of this section, “CT X-ray system” means the same as provided in Section 892.1750 of Title 21 of the Code of Federal Regulations. (Amended by Stats. 2012, Ch. 106, Sec. 1. (AB 510) Effective July 13, 2012.)
  108. 115112.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    CT X-ray systems generally must be accredited by an approved accrediting organization starting July 1, 2013, unless an exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115112. (a) Except as provided in subdivision (b), commencing July 1, 2013, CT X-ray systems shall be accredited by an accrediting organization that is approved by the federal Centers for Medicare and Medicaid Services, an accrediting organization approved by the Medical Board of California, or the State Department of Public Health. A facility that is subject to accreditation may elect to have the CT X-ray system accredited pursuant to a single accreditation survey that includes the CT service by the accrediting organization. (b) A CT X-ray system shall not be subject to accreditation if any of the following apply: (1) The system is used for therapeutic radiation treatment planning or delivery. (2) The system is used for calculating attenuation coefficients for nuclear medicine studies. (3) The system is dedicated for image guidance for interventional radiologic procedures. (Amended by Stats. 2012, Ch. 106, Sec. 2. (AB 510) Effective July 13, 2012.)
  109. 115113.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Facilities must report certain radiation events to the department and notify the referring physician and the affected person within set business-day deadlines.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115113. (a) Except for an event that results from patient movement or interference, a facility shall report to the department an event in which the administration of radiation results in any of the following: (1) Repeating of a CT examination, unless otherwise ordered by a physician or a radiologist, if one of the following dose values is exceeded: (A) 0.05 Sv (5 rem) effective dose. (B) 0.5 Sv (50 rem) to an organ or tissue. (C) 0.5 Sv (50 rem) shallow dose to the skin. (2) A CT X-ray examination for any individual for whom a physician did not provide approval for the examination if one of the following dose values is exceeded: (A) 0.05 Sv (5 rem) effective dose. (B) 0.5 Sv (50 rem) to an organ or tissue. (C) 0.5 Sv (50 rem) shallow dose to the skin. (3) A CT X-ray for an examination that does not include the area of the body that was intended to be imaged by the ordering physician or radiologist if one of the following dose values is exceeded: (A) 0.05 Sv (5 rem) effective dose. (B) 0.5 Sv (50 rem) to an organ or tissue. (C) 0.5 Sv (50 rem) shallow dose to the skin. (4) CT or therapeutic exposure that results in unanticipated permanent functional damage to an organ or a physiological system, hair loss, or erythema, as determined by a qualified physician. (5) A CT or therapeutic dose to an embryo or fetus that is greater than 50 mSv (5 rem) dose, that is a result of radiation to a known pregnant individual unless the dose to the embryo or fetus was specifically approved, in advance, by a qualified physician. (6) Therapeutic ionizing irradiation of the wrong individual or the wrong treatment site, excluding the area of the body that was intended to be irradiated. (7) The total dose from therapeutic ionizing radiation delivered differs from the prescribed dose by 20 percent or more. A report shall not be required pursuant to this paragraph in any instance if the dose administered exceeds 20 percent of the amount prescribed in a situation if the radiation was utilized for palliative care for the specific patient. The radiation oncologist shall notify the referring physician that the dose was exceeded. (b) The facility shall, no later than five business days after the discovery of a therapeutic event described in paragraphs (3) to (7), inclusive, of subdivision (a) and no later than 10 business days after discovery of an event described in paragraphs (1) to (4), inclusive, of subdivision (a), provide notification of the event to the department and the referring physician of the person subject to the event and shall, no later than 15 business days after discovery of an event described in subdivision (a), provide written notification to the person who is subject to the event. (c) This section shall become inoperative on the effective date of the act that added this subdivision, and shall remain inoperative until July 1, 2012. (Amended by Stats. 2012, Ch. 106, Sec. 3. (AB 510) Effective July 13, 2012. Note: Subd. (c) was added by Stats. 2011, Ch. 139, and made this section inoperative from August 1, 2011, until July 1, 2012.)
  110. 115115.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Certain mammography equipment registrants or certified supervisors must establish and maintain a Mammography Quality Assurance Program.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Records [115105 - 115115] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115115. The person responsible for registering mammographic X-ray equipment or a certified supervisor, as defined in subdivision (i) of Section 114850, shall establish and maintain a Mammography Quality Assurance Program that includes: (a) A Mammography Quality Assurance Manual for the identification of mammography quality assurance tests performed, test frequency, test equipment used, maintenance and calibration of test equipment, and the qualifications of individuals who perform the tests in order to ensure compliance with the May 1990 version of “Rules of Good Practice for Supervision and Operation of Mammographic X-Ray Equipment” or the regulations of the department. (b) A “Mammography X-Ray Equipment and Facility Accreditation Certificate” issued by the department that shall be posted on each X-ray machine specifically dedicated for the purpose of mammography. (Amended by Stats. 1997, Ch. 97, Sec. 5. Effective July 21, 1997.)
  111. 115120.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Federal-State Agreements [115120 - 115125] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Governor may make agreements with the federal government about transferring certain radiation-control responsibilities to the state, but those agreements take effect only if ratified by law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Federal-State Agreements [115120 - 115125] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115120. The Governor, on behalf of this state, may enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state. The agreements shall become effective only when ratified by law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  112. 115125.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Federal-State Agreements [115120 - 115125] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If a person already holds a federal license when an agreement under Section 115120 takes effect, that license is treated as a license under this chapter. The license expires on the earlier of two dates: 90 days after the department sends notice of expiration, or the date stated in the federal license.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Federal-State Agreements [115120 - 115125] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115125. Any person who, on the effective date of an agreement under Section 115120, possesses a license issued by the federal government shall be deemed to possess the same pursuant to a license issued under this chapter. The license shall expire either 90 days after receipt from the department of a notice of expiration of the license, or on the date of expiration specified in the federal license, whichever is the earlier. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  113. 115130.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 8. Inspection Agreements and Training Programs [115130 - 115140] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may make agreements with the federal government, other states, or interstate agencies to carry out inspections or other radiation-control functions for this state.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 8. Inspection Agreements and Training Programs [115130 - 115140] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115130. The department, on behalf of this state, may enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a co-operative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  114. 115135.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 8. Inspection Agreements and Training Programs [115130 - 115140] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department and any other appropriate state agency may run training programs to qualify personnel to carry out this chapter, and may make those personnel available to federal, state, or interstate programs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 8. Inspection Agreements and Training Programs [115130 - 115140] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115135. The department and any other appropriate state agency may institute training programs for the purpose of qualifying personnel to carry out this chapter, and may make those personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  115. 115140.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 8. Inspection Agreements and Training Programs [115130 - 115140] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    City and county ordinances or regulations on radioactive materials may remain in force if consistent with this chapter, and cities and counties may not charge certain fees for activities already fee-regulated under Sections 115065 and 115080.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 8. Inspection Agreements and Training Programs [115130 - 115140] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115140. Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a city or county relating to radioactive materials or other sources of radiation shall not be superseded by this chapter, provided that the ordinances or regulations are and continue to be consistent with the provisions of this chapter, amendments thereto, and regulations thereunder. No city or county shall require the payment of a fee in connection with the activities governed by Section 115065 when a fee is required by rules or regulations adopted pursuant to that section, and no city or county shall require the payment of a fee in connection with the activities governed by Section 115080 when a fee is required by rules or regulations adopted pursuant to that section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  116. 115145.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 10. Administrative Procedure [115145 - 115155] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must give affected people a hearing on the record if they request one in certain proceedings, and must treat them as parties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 10. Administrative Procedure [115145 - 115155] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115145. (a) In any proceeding under this chapter for granting or amending any license, or for determining compliance with, or granting exceptions from, regulations adopted in accordance with this chapter, the department shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding, and shall admit that person as a party to the proceeding. (b) Proceedings for the suspension or revocation of licenses under this chapter shall be conducted pursuant to Section 100171. (c) The adoption, repeal, or amendment of regulations pursuant to this chapter shall be accomplished in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1997, Ch. 220, Sec. 31. Effective August 4, 1997.)
  117. 115150.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 10. Administrative Procedure [115145 - 115155] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department finds an emergency threatening public health and safety, it may issue an immediate regulation or order without notice or hearing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 10. Administrative Procedure [115145 - 115155] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115150. Whenever the department finds that an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue a regulation or order reciting the existence of the emergency and requiring that action be taken as is deemed necessary to meet the emergency. Notwithstanding any provision of this chapter, the regulation or order shall be effective immediately. Any person to whom the regulation or order is directed shall comply therewith immediately, but on application to the department shall be afforded a hearing within 15 days. On the basis of the hearing, the emergency regulation or order shall be continued, modified, or revoked within 30 days after the hearing. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  118. 115155.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 10. Administrative Procedure [115145 - 115155] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Final orders in proceedings under Sections 115145 and 115150 are subject to judicial review under the procedure set out in the Government Code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 10. Administrative Procedure [115145 - 115155] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115155. Any final order entered in any proceeding under Sections 115145 and 115150 shall be subject to judicial review in the manner prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  119. 115160.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 11. Injunction Proceedings [115160- 115160.] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department thinks someone is violating radiation-control rules, the Attorney General may ask the superior court for an injunction or compliance order, and the court may grant relief if the department makes the required showing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 11. Injunction Proceedings [115160- 115160.] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115160. Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute a violation of any provision of this chapter, or any rule, regulation or order issued thereunder, and at the request of the department, the Attorney General may make application to the superior court for an order enjoining the acts or practices, or for an order directing compliance, and upon a showing by the department that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  120. 115165.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Uses [115165 - 115170] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not use, make, transport, transfer, receive, acquire, own, or possess a source of ionizing radiation unless licensed or registered with the department under this chapter and its regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Uses [115165 - 115170] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115165. It shall be unlawful for any person to use, manufacture, produce, knowingly transport, transfer, receive, acquire, own, or possess, any source of ionizing radiation unless licensed by or registered with the department in accordance with this chapter and regulations issued thereunder. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  121. 115170.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Uses [115165 - 115170] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not manufacture, construct, produce, transfer, acquire, use, or possess certain materials or facilities unless a required permit or license has first been obtained.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Uses [115165 - 115170] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115170. It is unlawful for any person to manufacture, construct, produce, transfer, acquire, use, or possess any of the materials or facilities for which a permit or license is required under the provisions of the Atomic Energy Act of 1954 (Public Law 85-256) unless he or she shall have first obtained a permit or license. Violation of this section is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  122. 115175.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may, in an emergency, impound or order the impounding of ionizing radiation sources held by a person who is not equipped to follow the chapter or who does not follow it or its regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115175. The department shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or fails to observe this chapter or any rules or regulations issued thereunder. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  123. 115180.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “decontamination” as reducing radioactive contamination to a level the department determines is reasonably necessary to remove the public health hazard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115180. The term “decontamination,” as used in this chapter, means the reduction of the level of contamination from radioactive material to the level that the department determines is reasonably necessary to eliminate the hazard to public health that is caused by the contamination of any object, building, structure, or premises. Any order by the department pursuant to Section 115185 shall prescribe the level to which the contamination is required to be reduced in order to eliminate the hazard to the public health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  124. 115185.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department finds a radioactive contamination hazard, it must order the controller of the property to stop using or occupying it and prevent others from doing so, with limited exceptions for decontamination or radioactive-waste disposal.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115185. If the department determines that any object, building, structure, or premises is contaminated by radioactive material and constitutes a hazard to the public health, it shall order the person who has control of the object, building, structure, or premises to cease to use or occupy and to exercise due caution to prevent others from using or occupying the object, building, structure, or premises, except to the extent necessary to accomplish the decontamination, or to the extent necessary to accomplish the disposal of the object, building, or structure as radioactive waste. The normal use or occupancy of the object, building, structure, or premises may not be resumed until decontamination has been accomplished and a release obtained from the department. If the person who has control of the object, building, structure, or premises fails to comply with the department’s order to decontaminate, the department may impound or seize the object, building, structure, or premises. The department after impounding or seizure of an object, building, structure, or premises, may decontaminate the object, building, structure, or premises. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  125. 115190.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department decides an item or premises is too low in value to decontaminate, it must notify the responsible person in writing. That person may decontaminate it, and if they do not do so within 15 days after notice, the department may dispose of it as radioactive waste.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115190. If the department determines that the object, building, structure, or premises does not warrant decontamination because of its low value, it shall so notify in writing the person who had control of the object, building, structure, or premises. The person so notified may decontaminate the object, building, structure, or premises, but if he or she fails to do so within 15 days after the notice, the department may cause the object, building, structure, or premises to be disposed of as radioactive waste. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  126. 115195.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department decontaminates an impounded or seized object, building, structure, or premises, it must return it after decontamination is finished. The person responsible for the contamination must pay the department’s reasonable and necessary costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115195. If the department causes the object, building, structure or premises to be decontaminated, the department shall, upon the completion of the decontamination, return the impounded article or seized building, structure, or premises to the person who had control of the article, building, structure, or premises prior to the impounding or seizure. The person who has control of the object, building, structure, or premises and was responsible for its contamination shall pay the department for the reasonable and necessary costs incurred by the department in seizing and decontaminating or in seizing and disposing of the object, building, structure, or premises. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  127. 115200.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If contamination was caused by another person’s negligence, the department may require that person to pay the department’s reasonable and necessary cleanup and disposal costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115200. If the contamination of the object, building, structure, or premises resulted from the negligence of another person, then the department may require that person to pay all reasonable and necessary costs incurred by the department in seizing and decontaminating or disposing of the object, building, structure, or premises and may maintain any action necessary to recover those costs. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  128. 115205.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section lets the department place and record a lien on contaminated property to recover cleanup expenses, and lets the department later release or subordinate the lien.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115205. (a) A lien in favor of the people of California shall be imposed upon any object, building, structure, or premises for the reasonable amount of expenses and costs incurred by the department in carrying out the provisions of Section 115185, 115190, 115195, or 115200 if the owner of the property or of any interest therein is the person responsible for the contamination, and to the extent of the interest of that person. Notice of lien or notice of intent to impose a lien shall be posted by the department upon any object, building, structure, or premises impounded or seized by the department and notice of lien or notice of intent to impose a lien shall be filed with the county recorder of the county in which they are located. The lien shall not become effective until the notice of lien, particularly identifying the property, the interest subject to the lien and the name of the owner of record of the property, and the amount of the lien, is recorded in the office of the county recorder in the county where the property is located. Upon the recordation, the lien shall have the same force, effect and priority as if it had been a judgment lien imposed upon real property that was not exempt from execution, except that it shall attach only to the property described in the notice and impounded or seized by the department, and shall continue for 10 years from the time of the recording of the notice unless sooner released or otherwise discharged. (b) The department may at any time release all or any portion of the property subject to a lien imposed pursuant to subdivision (a) from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount owed. A certificate by the department to the effect that any property has been released from the lien or that the lien has been subordinated to other liens and encumbrances shall be conclusive evidence that the property has been released or that the lien has been subordinated as provided in the certificate. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  129. 115210.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Certain local prosecutors, or the Attorney General at the department’s request, may bring civil actions to enforce this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Impounding of Materials [115175 - 115210] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115210. (a) The city attorney of the city or the district attorney of the county in which any violations of this chapter occur, occurred, or will occur, or the Attorney General, at the request of the department, may institute on behalf of the people of California any civil action necessary to carry out this chapter, including, but not restricted to, the enforcement of liens, the obtaining of injunctions, or the imposition of civil penalties. (b) If the civil penalties are awarded and the action is brought by a city attorney or district attorney, the penalty shall be paid directly to the city or county. If no penalty is awarded or paid, or both, the state shall have no obligation to make any payment to the city or county. If the civil penalty is awarded and the action is brought by the Attorney General, the penalty shall be deposited in the General Fund. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  130. 115215.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 14. Penalties [115215 - 115220] ( Article 14 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section sets criminal penalties for violating the radiation control chapter and related rules, with higher penalties for unlawful disposal or transport of radioactive material and a separate penalty rule for mammography violations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 14. Penalties [115215 - 115220] ( Article 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115215. (a) Any person who violates this chapter, or rules, regulations, or orders in effect adopted pursuant to this chapter, is guilty of a misdemeanor and shall, upon conviction, be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in a county jail for a period not to exceed 180 days, or by both the fine and imprisonment. (b) Any person who knowingly disposes or causes the disposal of any radioactive material regulated by this chapter, or who reasonably should have known that the person was disposing or causing the disposal of the material, at a facility within the state that does not have a license for disposal issued by the department pursuant to this chapter, or at any point in the state that is not authorized according to this chapter, or by any other local, state, or federal agency having authority over radioactive materials, and is in violation of this chapter, or any regulation or order adopted pursuant to this chapter, is guilty of a public offense, and upon conviction, may be punished as follows: (1) If the disposal is found to have caused a substantial danger to the public health or safety, the person may be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 24, or 36 months, except as otherwise provided in paragraph (2). The court may also impose, upon a person convicted of violating this subdivision, a fine of not more than one hundred thousand dollars ($100,000) for each day of violation, except as otherwise provided in paragraph (2). (2) If the act that violated this subdivision caused great bodily injury or caused a substantial probability that death could result, the person convicted may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and may be fined not more than two hundred fifty thousand dollars ($250,000) for each day of violation. (c) Any person who knowingly transports or causes the transportation of any radioactive material regulated by this chapter, or who reasonably should have known that the person was causing the transportation of the material, to a facility in the state that does not have a license from the department issued pursuant to this chapter, to any point in the state that is not authorized by this chapter, or to any point in the state that is not authorized by any other local, state, or federal agency having authority over radioactive materials, and is in violation of this chapter, or any regulation or order adopted pursuant to this chapter, is guilty of a public offense and, upon conviction, may be punished as follows: (1) If the transportation is found to have caused a substantial danger to the public health or safety, the person may be punished by imprisonment in the county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 24, or 36 months, except as otherwise provided in paragraph (2). The court may also impose, upon a person convicted of violating this subdivision, a fine of not more than one hundred thousand dollars ($100,000) for each day of violation, except as provided by paragraph (2). (2) If the transportation that violated this subdivision caused great bodily injury or caused a substantial probability that death could result, the person convicted may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and may be fined not more than two hundred fifty thousand dollars ($250,000) for each day of violation. (d) Notwithstanding any other provision of this chapter, radioactive materials used in medical treatment or result from medical treatment, that are disposed, stored, handled, or transported in a manner authorized pursuant to this chapter, are exempt from subdivisions (b) and (c). (e) Notwithstanding subdivision (a), any person who violates any provision of this chapter relating to mammography or regulations adopted pursuant to those provisions is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed five thousand dollars ($5,000), per day of offense, or by imprisonment in the county jail not to exceed 180 days, or both the fine and imprisonment. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 4. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  131. 115220.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 14. Penalties [115215 - 115220] ( Article 14 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person who intentionally or through gross negligence violates the chapter or related orders, and causes substantial danger to others’ health, can be liable for a civil penalty of up to $5,000 per day per offense.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 14. Penalties [115215 - 115220] ( Article 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115220. (a) Any person who intentionally or through gross negligence violates any provision of this chapter, or any rule or regulation adopted pursuant thereto, or who fails or refuses to comply with a cease and desist order or other order of the department issued thereunder, and that action causes a substantial danger to the health of others, shall be liable to the department for a civil penalty not to exceed five thousand dollars ($5,000) per day, per offense. (b) The remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  132. 115225.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 15. Effective Date of Licensing Provisions [115225- 115225.] ( Article 15 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Some licensing and enforcement provisions become effective only when an agreement under Section 115120 is executed, and Section 115080 becomes operative on July 1, 1962.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 15. Effective Date of Licensing Provisions [115225- 115225.] ( Article 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115225. Subdivision (a) of Section 115060 and other provisions of this chapter relating to licensing and the enforcement thereof shall become effective only upon execution of an agreement pursuant to Section 115120. Section 115080 shall become operative on July 1, 1962. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  133. 115230.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 16. Agreement Between the United State Atomic Energy Commission and the State of California [115230 - 115235] ( Article 16 added by Stats. 1995, Ch. 415, Sec. 6. )

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    California ratifies and approves a specified agreement, and the agreement’s provisions take effect according to Article IX of that agreement.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 16. Agreement Between the United State Atomic Energy Commission and the State of California [115230 - 115235] ( Article 16 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115230. The Legislature of the State of California hereby ratifies and approves that certain agreement designated as the “Agreement between the United States Atomic Energy Commission and the State of California for Discontinuance of Certain Commission Regulatory Authority and Responsibility within the State Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended,” that was approved by the Chairman of the Atomic Energy Commission on the ninth day of March 1962, under authority of Section 274 of the Atomic Energy Act of 1954, as amended (Public Law 86-373), and by the Governor of California on the 12th day of March 1962, under authority of and in conformity with Section 115120; and the provisions of this agreement shall become effective in accordance with Article IX of the agreement set forth in Section 115235. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  134. 115235.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 16. Agreement Between the United State Atomic Energy Commission and the State of California [115230 - 115235] ( Article 16 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section sets out a radiation-control agreement: the Commission gives up some state regulatory authority, keeps authority over certain listed matters, and can require licenses for transfers of covered products.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 16. Agreement Between the United State Atomic Energy Commission and the State of California [115230 - 115235] ( Article 16 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115235. The provisions of said agreement are as follows: Article I Subject to the exceptions provided in Articles II, III, and IV, the Commission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to the following materials: A. Byproduct materials; B. Source materials; and C. Special nuclear materials in quantities not sufficient to form a critical mass. Article II This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of: A. The construction and operation of any production or utilization facility; B. The export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; C. The disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined in regulations or orders of the Commission; D. The disposal of other byproduct, source, or special nuclear material as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission. Article III Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of the product except pursuant to a license or an exemption from licensing issued by the Commission. Article IV This Agreement shall not affect the authority of the Commission under Subsection 161 b. or i. of the Act to issue rules, regulations, or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material. Article V The State will use its best efforts to maintain continuing compatibility between its program and the program of the Commission for the regulation of like materials. To this end the State will use its best efforts to keep the Commission informed of proposed changes in its regulations, and licensing, inspection, and enforcement policies and criteria, and of proposed requirements for the design and distribution of products containing source, byproduct, or special nuclear material, and to obtain the comments and assistance of the Commission thereon. Article VI The Commission will use its best efforts to keep the State informed of proposed changes in its regulations, and licensing, inspection, and enforcement policies and criteria and to obtain the comments and assistance of the State thereon. Article VII The Commission and the State agree that it is desirable to provide for reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any agreement State. Accordingly, the Commission and the State agree to use their best efforts to develop appropriate rules, regulations, and procedures by which such reciprocity will be accorded. Article VIII The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the Commission finds that such termination or suspension is required to protect the public health and safety. Article IX This Agreement, upon ratification by law of the State, shall become effective on the ninety-first day after the adjournment of the First Extraordinary Session of the 1962 California Legislature or on September 1, 1962, whichever is later, and shall remain in effect unless, and until such time as it is terminated pursuant to Article VIII. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  135. 115250.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The California Legislature ratifies the Southwestern Low-Level Radioactive Waste Disposal Compact and makes it effective according to the compact’s own Article 7.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115250. The Legislature of the State of California hereby enacts and ratifies the agreement set forth in Section 115255 and designated as the “Southwestern Low-Level Radioactive Waste Disposal Compact,” entered into pursuant to the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Sec. 2021b to 2021j, incl.). This compact shall become effective in accordance with Article 7 of the compact as set forth in Section 115255. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  136. 115255.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section sets out the Southwestern Low-Level Radioactive Waste Compact, creates the commission, and assigns rules for disposal, facility oversight, and party-state responsibilities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115255. The provisions of the Southwestern Low-Level Radioactive Waste Disposal Compact are as follows: ## Article 1.Compact Policy and Formation The party states hereby find and declare all of the following: (A) The United States Congress, by enacting the Low-Level Radioactive Waste Policy Act, Public Law 96-573, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Sec. 2021b to 2021j, incl.), has encouraged the use of interstate compacts to provide for the establishment and operation of facilities for regional management of low-level radioactive waste. (B) It is the purpose of this compact to provide the means for such a cooperative effort between or among party states to protect the citizens of the states and the states’ environments. (C) It is the policy of party states to this compact to encourage the reduction of the volume of low-level radioactive waste requiring disposal within the compact region. (D) It is the policy of the party states that the protection of the health and safety of their citizens and the most ecological and economical management of low-level radioactive wastes can be accomplished through cooperation of the states by minimizing the amount of handling and transportation required to dispose of these wastes and by providing facilities that serve the compact region. (E) Each party state, if an agreement state pursuant to Section 2021 of Title 42 of the United States Code, or the Nuclear Regulatory Commission if not an agreement state, is responsible for the primary regulation of radioactive materials within its jurisdiction. ## Article 2.Definitions As used in this compact, unless the context clearly indicates otherwise, the following definitions apply: (A) “Commission” means the Southwestern Low-Level Radioactive Waste Commission established in Article 3 of this compact. (B) “Compact region” or “region” means the combined geographical area within the boundaries of the party states. (C) “Disposal” means the permanent isolation of low-level radioactive waste pursuant to requirements established by the Nuclear Regulatory Commission and the Environmental Protection Agency under applicable laws, or by a party state if that state hosts a disposal facility. (D) “Generate,” when used in relation to low-level radioactive waste, means to produce low-level radioactive waste. (E) “Generator” means a person whose activity, excluding the management of low-level radioactive waste, results in the production of low-level radioactive waste. (F) “Host county” means a county, or other similar political subdivision of a party state, in which a regional disposal facility is located or being developed. (G) “Host state” means a party state in which a regional disposal facility is located or being developed. The State of California is the host state under this compact for the first 30 years from the date the California regional disposal facility commences operations. (H) “Institutional control period” means that period of time in which the facility license is transferred to the disposal site owner in compliance with the appropriate regulations for long-term observation and maintenance following the postclosure period. (I) “Low-level radioactive waste” means regulated radioactive material that meets all of the following requirements: (1) The waste is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in Section 11e(2) of the Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014(e)(2))). (2) The waste is not uranium mining or mill tailings. (3) The waste is not any waste for which the federal government is responsible pursuant to subdivision (b) of Section 3 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Sec. 2021c(b)). (4) The waste is not an alpha emitting transuranic nuclide with a half-life greater than five years and with a concentration greater than 100 nanocuries per gram, or Plutonium-241 with a concentration greater than 3,500 nanocuries per gram, or Curium-242 with a concentration greater than 20,000 nanocuries per gram. (J) “Management” means collection, consolidation, storage, packaging, or treatment. (K) “Major generator state” means a party state that generates 10 percent of the total amount of low-level radioactive waste produced within the compact region and disposed of at the regional disposal facility. If no party state other than California generates at least 10 percent of the total amount, “major generator state” means the party state which is second to California in the amount of waste produced within the compact region and disposed of at the regional disposal facility. (L) “Operator” means a person who operates a regional disposal facility. (M) “Party state” means any state that has become a party in accordance with Article 7 of this compact. (N) “Person” means an individual, corporation, partnership, or other legal entity, whether public or private. (O) “Postclosure period” means that period of time after completion of closure of a disposal facility during which the licensee shall observe, monitor, and carry out necessary maintenance and repairs at the disposal facility to assure that the disposal facility will remain stable and will not need ongoing active maintenance. This period ends with the beginning of the institutional control period. (P) “Regional disposal facility” means a nonfederal low-level radioactive waste disposal facility established and operated under this compact. (Q) “Site closure and stabilization” means the activities of the disposal facility operator taken at the end of the disposal facility’s operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at the disposal facility. (R) “Transporter” means a person who transports low-level radioactive waste. (S) “Uranium mine and mill tailings” means waste resulting from mining and processing of ores containing uranium. ## Article 3.The Commission (A) There is hereby established the Southwestern Low-Level Radioactive Waste Commission. (1) The commission shall consist of one voting member from each party state to be appointed by the Governor, confirmed by the Senate of that party state, and to serve at the pleasure of the Governor of each party state, and one voting member from the host county. The appointing authority of each party state shall notify the commission in writing of the identity of the member and of any alternates. An alternate may act in the member’s absence. (2) The host state shall also appoint that number of additional voting members of the commission that is necessary for the host state’s members to compose at least 51 percent of the membership on the commission. The host state’s additional members shall be appointed by the host state Governor and confirmed by the host state Senate. If there is more than one host state, only the state in which is located the regional disposal facility actively accepting low-level radioactive waste pursuant to this compact may appoint these additional members. (3) If the host county has not been selected at the time the commission is appointed, the Governor of the host state shall appoint an interim local government member, who shall be an elected representative of a local government. After a host county is selected, the interim local government member shall resign and the Governor shall appoint the host county member pursuant to paragraph (4). (4) The Governor shall appoint the host county member from a list of at least seven candidates compiled by the board of supervisors of the host county. (5) In recommending and appointing the host county member pursuant to paragraph (4), the board of supervisors and the Governor shall give first consideration to recommending and appointing the member of the board of supervisors in whose district the regional disposal facility is located or being developed. If the board of supervisors of the host county does not provide a list to the Governor of at least seven candidates from which to choose, the Governor shall appoint a resident of the host county as the host county member. (6) The host county member is subject to confirmation by the Senate of that party state and shall serve at the pleasure of the Governor of the host state. (B) The commission is a legal entity separate and distinct from the party states and shall be so liable for its actions. Members of the commission shall not be personally liable for actions taken in their official capacity. The liabilities of the commission shall not be deemed liabilities of the party states. (C) The commission shall conduct its business affairs pursuant to the laws of the host state and disputes arising out of commission action shall be governed by the laws of the host state. The commission shall be located in the capital city of the host state in which the regional disposal facility is located. (D) The commission’s records shall be subject to the host state’s public records law, and the meetings of the commission shall be open and public in accordance with the host state’s open meeting law. (E) The commission members are public officials of the appointing state and shall be subject to the conflict of interest laws, as well as any other law, of the appointing state. The commission members shall be compensated according to the appointing state’s law. (F) Each commission member is entitled to one vote. A majority of the commission constitutes a quorum. Unless otherwise provided in this compact, a majority of the total number of votes on the commission is necessary for the commission to take any action. (G) The commission has all of the following duties and authority: (1) The commission shall do, pursuant to the authority granted by this compact, whatever is reasonably necessary to ensure that low-level radioactive wastes are safely disposed of and managed within the region. (2) The commission shall meet at least once a year and otherwise as business requires. (3) The commission shall establish a compact surcharge to be imposed upon party state generators. The surcharge shall be based upon the cubic feet of low-level radioactive waste and the radioactivity of the low-level radioactive waste and shall be collected by the operator of the disposal facility. The host state shall set, and the commission shall impose, the surcharge after congressional approval of the compact. The amount of the surcharge shall be sufficient to establish and maintain at a reasonable level funds for all of the following purposes: (a) The activities of the commission and commission staff. (b) At the discretion of the host state, a third-party liability fund to provide compensation for injury to persons or property during the operational, closure, stabilization, and postclosure and institutional control periods of the regional disposal facility. This subparagraph does not limit the responsibility or liability of the operator, who shall comply with any federal or host state statutes or regulations regarding third-party liability claims. (c) A local government reimbursement fund, for the purpose of reimbursing the local government entity or entities hosting the regional disposal facility for any costs or increased burdens on the local governmental entity for services, including, but not limited to, general fund expenses, the improvement and maintenance of roads and bridges, fire protection, law enforcement, monitoring by local health officials, and emergency preparation and response related to the hosting of the regional disposal facility. (4) The surcharges imposed by the commission for purposes of subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to paragraph (3) of subdivision (E) of Article 4 shall be transmitted on a monthly basis to the host state for distribution to the proper accounts. (5) The commission shall establish a fiscal year that conforms to the fiscal years of the party states to the extent possible. (6) The commission shall keep an accurate account of all receipts and disbursements. An annual audit of the books of the commission shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the commission. (7) The commission shall prepare and include in the annual report a budget showing anticipated receipts and disbursements for the subsequent fiscal year. (8) The commission may accept any grants, equipment, supplies, materials, or services, conditional or otherwise, from the federal or state government. The nature, amount and condition, if any, of any donation, grant, or other resources accepted pursuant to this paragraph and the identity of the donor or grantor shall be detailed in the annual report of the commission. However, the host state shall receive, for the uses specified in subparagraph (E) of paragraph (2) of subsection (d) of Section 2021e of Title 42 of the United States Code, any payments paid from the special escrow account for which the Secretary of Energy is trustee pursuant to subparagraph (A) of paragraph (2) of subsection (d) of Section 2021 (e) of Title 42 of the United States Code. (9) The commission shall submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the commission, including an annual report to be submitted on or before January 15 of each year. The commission shall include in the annual report a review of, and recommendations for, low-level radioactive waste disposal methods which are alternative technologies to the shallow land burial of low-level radioactive waste. (10) The commission shall assemble and make available to the party states, and to the public, information concerning low-level radioactive waste management needs, technologies, and problems. (11) The commission shall keep a current inventory of all generators within the region, based upon information provided by the party states. (12) The commission shall keep a current inventory of all regional disposal facilities, including information on the size, capacity, location, specific low-level radioactive wastes capable of being managed, and the projected useful life of each regional disposal facility. (13) The commission may establish advisory committees for the purpose of advising the commission on the disposal and management of low-level radioactive waste. (14) The commission may enter into contracts to carry out its duties and authority, subject to projected resources. No contract made by the commission shall bind a party state. (15) The commission shall prepare contingency plans, with the cooperation and approval of the host state, for the disposal and management of low-level radioactive waste in the event that any regional disposal facility should be closed. (16) The commission may sue and be sued and, when authorized by a majority vote of the members, may seek to intervene in an administrative or judicial proceeding related to this compact. (17) The commission shall be managed by an appropriate staff, including an executive director. Notwithstanding any other provision of law, the commission may hire or retain, or both, legal counsel. (18) The commission may, subject to applicable federal and state laws, recommend to the appropriate host state authority suitable land and rail transportation routes for low-level radioactive waste carriers. (19) The commission may enter into an agreement to import low-level radioactive waste into the region only if both of the following requirements are met: (a) The commission approves the importation agreement by a two-thirds vote of the commission. (b) The commission and the host state assess the affected regional disposal facilities’ capability to handle imported low-level radioactive wastes and any relevant environmental or economic factors, as defined by the host state’s appropriate regulatory authorities. (20) The commission may, upon petition, allow an individual generator, a group of generators, or the host state of the compact, to export low-level radioactive wastes to a low-level radioactive waste disposal facility located outside the region. The commission may approve the petition only by a two-thirds vote of the commission. The permission to export low-level radioactive wastes shall be effective for that period of time and for the amount of low-level radioactive waste, and subject to any other term or condition, which may be determined by the commission. (21) The commission may approve, only by a two-thirds vote of the commission, the exportation outside the region of material, which otherwise meets the criteria of low-level radioactive waste, if the sole purpose of the exportation is to process the material for recycling. (22) The commission shall, not later than 10 years before the closure of the initial or subsequent regional disposal facility, prepare a plan for the establishment of the next regional disposal facility. ## Article 4.Rights, Responsibilities, and Obligations of Party States (A) There shall be regional disposal facilities sufficient to dispose of the low-level radioactive waste generated within the region. (B) Low-level radioactive waste generated within the region shall be disposed of at regional disposal facilities and each party state shall have access to any regional disposal facility without discrimination. (C) (1) Upon the effective date of this compact, the State of California shall serve as the host state and shall comply with the requirements of subdivision (E) for at least 30 years from the date the regional disposal facility begins to accept low-level radioactive waste for disposal. The extension of the obligation and duration shall be at the option of the State of California. If the State of California does not extend this obligation, the party state, other than the State of California, which is the largest major generator state shall then serve as the host state for the second regional disposal facility. The obligation of a host state which hosts the second regional disposal facility shall also run for 30 years from the date the second regional disposal facility begins operations. (2) The host state may close its regional disposal facility when necessary for public health or safety. (D) The party states of this compact cannot be members of another regional low-level radioactive waste compact entered into pursuant to the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Secs. 2021b to 2021j, incl.). (E) A host state shall do all of the following: (1) Cause a regional disposal facility to be developed on a timely basis. (2) Ensure by law, consistent with any applicable federal laws, the protection and preservation of public health and safety in the siting, design, development, licensing, regulation, operation, closure, decommissioning, and long-term care of the regional disposal facilities within the state. (3) Ensure that charges for disposal of low-level radioactive waste at the regional disposal facility are reasonably sufficient to do all of the following: (a) Ensure the safe disposal of low-level radioactive waste and long-term care of the regional disposal facility. (b) Pay for the cost of inspection, enforcement, and surveillance activities at the regional disposal facility. (c) Assure that charges are assessed without discrimination as to the party state of origin. (4) Submit an annual report to the commission on the status of the regional disposal facility including projections of the facility’s anticipated future capacity. (5) The host state and the operator shall notify the commission immediately upon the occurrence of any event which could cause a possible temporary or permanent closure of a regional disposal facility. (F) Each party state is subject to the following duties and authority: (1) To the extent authorized by federal law, each party state shall develop and enforce procedures requiring low-level radioactive waste shipments originating within its borders and destined for a regional disposal facility to conform to packaging and transportation requirements and regulations. These procedures shall include, but are not limited to, all of the following requirements: (a) Periodic inspections of packaging and shipping practices. (b) Periodic inspections of low-level radioactive waste containers while in the custody of transporters. (c) Appropriate enforcement actions with respect to violations. (2) A party state may impose a surcharge on the low-level radioactive waste generators within the state to pay for activities required by paragraph (1). (3) To the extent authorized by federal law, each party state shall, after receiving notification from a host state that a person in a party state has violated packaging, shipping, or transportation requirements or regulations, take appropriate actions to ensure that these violations do not continue. Appropriate actions may include, but are not limited to, requiring that a bond be posted by the violator to pay the cost of repackaging at the regional disposal facility and prohibit future shipments to the regional disposal facility. (4) Each party state shall maintain a registry of all generators within the state that may have low-level radioactive waste to be disposed of at a regional disposal facility, including, but not limited to, the amount of low-level radioactive waste and the class of low-level radioactive waste generated by each generator. (5) Each party state shall encourage generators within its borders to minimize the volume of low-level radioactive waste requiring disposal. (6) Each party state may rely on the good faith performance of the other party states to perform those acts which are required by this compact to provide regional disposal facilities, including the use of the regional disposal facilities in a manner consistent with this compact. (7) Each party state shall provide the commission with any data and information necessary for the implementation of the commission’s responsibilities, including taking those actions necessary to obtain this data or information. (8) Each party state shall agree that only low-level radioactive waste generated within the jurisdiction of the party states shall be disposed of in the regional disposal facility, except as provided in paragraph (19) of subdivision (G) of Article 3. (9) Each party state shall agree that if there is any injury to persons on property resulting from the operation of a regional disposal facility, the damages resulting from the injury may be paid from the third-party liability fund pursuant to subparagraph (b) of paragraph (3) of subdivision (G) of Article 3, only to the extent that the damages exceed the limits of liability insurance carried by the operator. No party state, by joining this compact, assumes any liability resulting from the siting, operation, maintenance, long-term care, or other activity relating to a regional facility, and no party state shall be liable for any harm or damage resulting from a regional facility not located within the state. ## Article 5.Approval of Regional Facilities A regional disposal facility shall be approved by the host state in accordance with its laws. This compact does not confer any authority on the commission regarding the siting, design, development, licensure, or other regulation, or the operation, closure, decommissioning, or long-term care of, any regional disposal facility within a party state. ## Article 6.Prohibited Acts and Penalties (A) No person shall dispose of low-level radioactive waste within the region unless the disposal is at a regional disposal facility, except as otherwise provided in paragraphs (20) and (21) of subdivision (G) of Article 3. (B) No person shall dispose of or manage any low-level radioactive waste within the region unless the low-level radioactive waste was generated within the region, except as provided in paragraphs (19), (20), and (21) of subdivision (G) of Article 3. (C) Violations of this section shall be reported to the appropriate law enforcement agency within the party state’s jurisdiction. (D) Violations of this section may result in prohibiting the violator from disposing of low-level radioactive waste in the regional disposal facility, as determined by the commission or the host state. ## Article 7.Eligibility, Entry into Effect, Congressional Consent, Withdrawal, Exclusion (A) The States of Arizona, North Dakota, South Dakota, and California are eligible to become parties to this compact. Any other state may be made eligible by a majority vote of the commission and ratification by the legislatures of all of the party states by statute, and upon compliance with those terms and conditions for eligibility which the host state may establish. The host state may establish all terms and conditions for the entry of any state, other than the states named in this subparagraph, as a member of this compact. (B) Upon compliance with the other provisions of this compact, an eligible state may become a party state by legislative enactment of this compact or by executive order of the governor of the state adopting this compact. A state becoming a party state by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened after the executive order is issued, unless before the adjournment the legislature enacts this compact. (C) A party state, other than the host state, may withdraw from the compact by repealing the enactment of this compact, but this withdrawal shall not become effective until two years after the effective date of the repealing legislation. If a party state which is a major generator of low-level radioactive waste voluntarily withdraws from the compact pursuant to this subdivision, that state shall make arrangements for the disposal of the other party states’ low-level radioactive waste for a time period equal to the period of time it was a member of this compact. If the host state withdraws from the compact, the withdrawal shall not become effective until five years after the effective date of the repealing legislation. (D) A party state may be excluded from this compact by a two-thirds vote of the commission members, acting in a meeting, if the state to be excluded has failed to carry out any obligations required by compact. (E) This compact shall take effect upon the enactment by statute by the legislatures of the State of California and at least one other eligible state and upon the consent of Congress and shall remain in effect until otherwise provided by federal law. This compact is subject to review by Congress and the withdrawal of the consent of Congress every five years after its effective date, pursuant to federal law. ## Article 8.Construction and Severability (A) The provisions of this compact shall be broadly construed to carry out the purposes of the compact, but the sovereign powers of a party state shall not be infringed unnecessarily. (B) This compact does not affect any judicial proceeding pending on the effective date of this compact. (C) If any provision of this compact or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the compact that can be given effect without the invalid provision or application, and to this end the provisions of this compact are severable. (D) Nothing in this compact diminishes or otherwise impairs the jurisdiction, authority, or discretion of either of the following: (1) The Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2011 et seq.). (2) An agreement state under Section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2021). (E) Nothing in this compact confers any new authority on the states or commission to do any of the following: (1) Regulate the packaging or transportation of low-level radioactive waste in a manner inconsistent with the regulations of the Nuclear Regulatory Commission or the United States Department of Transportation. (2) Regulate health, safety, or environmental hazards from source, byproduct, or special nuclear material. (3) Inspect the activities of licensees of the agreement states or of the Nuclear Regulatory Commission. (Amended by Stats. 2006, Ch. 538, Sec. 434. Effective January 1, 2007.)
  137. 115260.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Department of the California Highway Patrol keeps authority over on-highway routing and enforcement for low-level radioactive waste in California, subject to other laws.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115260. Notwithstanding Section 115255, authority for on-highway routing and enforcement relating to low-level radioactive waste shall, pursuant to other provisions of law, remain with the Department of the California Highway Patrol for low-level radioactive waste generated from, and shipments into, California. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  138. 115261.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department cannot issue or renew a low-level radioactive waste disposal license unless specified safety and scientific conditions are met. The section also bars shallow land burial and restricts state acceptance of property rights in the Ward Valley site.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115261. (a) The department may not issue a license to dispose of low-level radioactive waste pursuant to this chapter, or renew a license that has been issued by the department pursuant to this chapter, unless the department determines that the siting, design, operation, and closure of the facility will, at a minimum, comply with the performance requirements and objectives of the Nuclear Regulatory Commission specified in Part 61 of Title 10 of the Code of Federal Regulations. (b) The department may not issue a license to dispose of low-level radioactive waste pursuant to this chapter, or renew a license that has been issued by the department pursuant to this chapter, unless the disposal facility is sited, designed, constructed, and operated to do all of the following: (1) Consist of multiple, engineered barriers to provide for the retention of the radioactive waste within the engineered barriers to last not less than 500 years, using best available technology. (2) Provide visual inspection or remote monitoring to detect potential or actual releases of low-level radioactive waste from the engineered barriers. (3) Provide methods to prevent potential releases or remediate actual releases of low-level radioactive waste from the engineered barriers when monitoring detects potential or actual releases. (4) Be sited in a location and with soils and hydrology that, if the engineered barriers fail, the natural site characteristics would minimize migration of radioactive materials. (c) A facility for the disposal of low-level radioactive waste may not use shallow land burial. (d) (1) The department may issue a license to dispose of low-level radioactive waste pursuant to this chapter only if the department determines there is a preponderance of scientific evidence that there is not a hydrologic pathway whereby the Colorado River or any other agricultural or drinking water source could be contaminated with radioactive waste and harm public health or the environment. (2) The proposed Ward Valley low-level radioactive disposal site in San Bernardino County may not serve as the state’s low-level radioactive disposal facility for purposes of Article 5 of the compact. (3) The state may not accept ownership or any other property rights to the site of the Ward Valley low-level radioactive waste disposal facility. (e) For the purposes of this section, the following terms have the following meanings: (1) “Commission” means the United States Nuclear Regulatory Commission. (2) “Compact” means the Southwestern Low-Level Radioactive Waste Disposal Compact described in Section 115255. (3) “Department” means the Department of Health Services. (4) “Low-level radioactive waste” has the same meaning as defined in Article 2 of the compact. (5) “Low-level radioactive waste disposal facility,” or “facility” means all contiguous land and structures, other appurtenances, and improvements, on the land used for the disposal of low-level radioactive waste. (6) “Shallow land burial” means the disposal of low-level radioactive waste in or within the upper 30 meters of the earth’s surface without the use of additional confinement by engineered barriers. Shallow land burial does not include the disposal of low-level radioactive waste if the disposal facility meets the requirements of subdivisions (b) and (c). (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2002, Ch. 513, Sec. 4. Effective January 1, 2003.)
  139. 115265.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Public Utilities Commission keeps authority over rail routing and enforcement for low-level radioactive waste in California.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115265. Notwithstanding Section 115255, authority for rail transportation routing and enforcement relating to low-level radioactive waste shall remain with the Public Utilities Commission pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code) for low-level radioactive waste generated from, and shipped into, California. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  140. 115270.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must adopt regulations naming the transportation modes that best protect public health and the environment, and generators must use those modes to transport low-level radioactive waste within the state.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact [115250 - 115270] ( Article 17 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115270. The department shall adopt regulations specifying the modes of transportation which are most protective of public health and the environment which shall be used by generators to transport low-level radioactive waste within the state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  141. 115271.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 18. Radionuclide Air Contaminants [115271 - 115271.4] ( Article 18 added by Stats. 1996, Ch. 752, Sec. 1. )

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    This section defines “federal act” and “person” for this article, and says certain federal definitions apply unless an exception in Section 115271.4(b) applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 18. Radionuclide Air Contaminants [115271 - 115271.4] ( Article 18 added by Stats. 1996, Ch. 752, Sec. 1. ) ## 115271. (a) For purposes of this article, the following terms have the following meaning: (1) “Federal act” means the Clean Air Act (42 U.S.C.A. Sec. 7401 et seq.) as amended by the Clean Air Act Amendments of 1990 (P.L. 101-549), and as the Clean Air Act may be further amended. (2) “Person” means, notwithstanding subdivision (c) of Section 114985, any individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, and any other state or political subdivision or agency thereof, any legal successor, representative, agent, or agency of the foregoing, including, but not limited to, the United States Nuclear Regulatory Commission, the Department of Energy, or any successor thereto, and other federal agencies. (b) Except as provided in subdivision (b) of Section 115271.4, the definitions set forth in Section 112 of the federal act (42 U.S.C.A. Sec. 7412) and Subpart A (commencing with Section 61.01) of Subchapter C of Chapter 1 of Title 40 of the Code of Federal Regulations shall apply to this article and to any regulations adopted pursuant to this article. (Added by Stats. 1996, Ch. 752, Sec. 1. Effective January 1, 1997.)
  142. 115271.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 18. Radionuclide Air Contaminants [115271 - 115271.4] ( Article 18 added by Stats. 1996, Ch. 752, Sec. 1. )

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    The department may create a program to help the state get federal approval to enforce radionuclide emission standards, and it may regulate federal facilities only in line with the Clean Air Act.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 18. Radionuclide Air Contaminants [115271 - 115271.4] ( Article 18 added by Stats. 1996, Ch. 752, Sec. 1. ) ## 115271.2. The department may establish a program to enable the state to receive federal approval to implement and enforce emission standards for radionuclides pursuant to Section 112 of the federal act (42 U.S.C.A. Sec. 7412). The department may regulate federal facilities pursuant to this article only in accordance with the Clean Air Act, as specified in Section 7418 of Title 42 of the United States Code. (Added by Stats. 1996, Ch. 752, Sec. 1. Effective January 1, 1997.)
  143. 115271.3.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 18. Radionuclide Air Contaminants [115271 - 115271.4] ( Article 18 added by Stats. 1996, Ch. 752, Sec. 1. )

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    If the state gets federal approval, the department is responsible for controlling radionuclide air emissions; the article does not give the department authority over NRC-licensed nuclear powerplant emissions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 18. Radionuclide Air Contaminants [115271 - 115271.4] ( Article 18 added by Stats. 1996, Ch. 752, Sec. 1. ) ## 115271.3. If the state receives federal approval to implement and enforce emission standards for radionuclides pursuant to Section 115271.2, the department shall be responsible for the control of emissions of radionuclides into the air. However, nothing in this article shall be construed in any way to give the department any authority to regulate, or be construed to apply to, air emissions from nuclear powerplants that are licensed and regulated by the United States Nuclear Regulatory Commission. (Added by renumbering Section 11527.3 by Stats. 1997, Ch. 17, Sec. 62. Effective January 1, 1998.)
  144. 115271.4.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 18. Radionuclide Air Contaminants [115271 - 115271.4] ( Article 18 added by Stats. 1996, Ch. 752, Sec. 1. )

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    The department may adopt, amend, and apply certain radionuclide air-emission regulations, and may charge annual fees to covered facility owners or operators.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 18. Radionuclide Air Contaminants [115271 - 115271.4] ( Article 18 added by Stats. 1996, Ch. 752, Sec. 1. ) ## 115271.4. (a) Except as provided in subdivision (b), the regulations found in Subpart H (commencing with Section 61.90) of, and in Subpart I (commencing with Section 61.100) of, Part 61 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations and Appendixes B, D, and E of Part 61 (commencing with Section 61.01) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations and Appendix A of Part 60 (commencing with Section 60.01) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations shall be deemed to be the regulations of the department for purposes of the regulation of radionuclide air emissions. Except for Sections 61.93 and 61.103 of Title 40 of the Code of Federal Regulations, any reference to the Environmental Protection Agency, or any division thereof, in those regulations shall be deemed to be a reference to the department. The department may amend those regulations in whole or in part pursuant to subdivision (b) or (c). (b) (1) The department shall evaluate any proposed amendment to the federal regulations specified in subdivision (b) of Section 115271 and in subdivision (a) of this section that becomes effective on or after January 1, 1997. (2) The department shall publish a notice in the California Regulatory Notice Register indicating that the amendment has been adopted by the Environmental Protection Agency as a final rule. The notice shall include the citation to the Federal Register or the Code of Federal Regulations related to the amendment. The notice shall also include the department’s determination regarding whether the amendment is more stringent, equivalent to, or less stringent than, current state law or regulation. (3) If the department determines that the amended federal regulation would be equivalent to, or more stringent than, state law or regulation, the amended federal regulation shall be deemed to be a regulation of the department on the date that is 90 days from the effective date of the amendment of the federal regulation or the publication of the notice required by paragraph (2), whichever date is later. (c) In addition to the adoption of federal regulations as department regulations pursuant to this article, the department may adopt any other regulation that it determines to be necessary to establish, implement, and enforce a program for the regulation of radionuclide air emissions, consistent with the federal act. (d) The department may charge each owner or operator of a facility emitting radionuclides into the air, which is subject to Section 61.90 or 61.100 of Title 40 of the Code of Federal Regulations, an annual fee to pay the costs of implementing this article. The department shall deposit the fees in the Radiation Control Fund, for expenditure, upon appropriation by the Legislature, for the implementation of this article. (Added by Stats. 1996, Ch. 752, Sec. 1. Effective January 1, 1997.)
  145. 115273.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 19. Radioactive Waste Reduction [115273- 115273.] ( Article 19 added by Stats. 2002, Ch. 513, Sec. 6. )

    Verify source ↗

    The department must promote reducing low-level radioactive waste and encourage waste reduction practices.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Radiation Control Law [114960 - 115273] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 19. Radioactive Waste Reduction [115273- 115273.] ( Article 19 added by Stats. 2002, Ch. 513, Sec. 6. ) ## 115273. In implementing this chapter, the department, consistent with other requirements imposed by this chapter to protect public health and safety, shall promote the reduction of low-level radioactive waste generated, both in volume and radioactivity, by encouraging waste reduction practices, including, but not limited to, all of the following: (a) The minimization of waste produced by employing best practices to reduce the amount of contaminated materials; (b) The substitution and use of nonradioactive materials or radioactive materials with shorter radioactive half-lives; and (c) The compaction of low-level radioactive waste to reduce the volume of waste that must be transported and disposed of in the state. (Added by Stats. 2002, Ch. 513, Sec. 6. Effective January 1, 2003.)
  146. 115275.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Legislature states that, if a nuclear accident occurs, communications between California nuclear powerplant operators and state and local nuclear emergency officials should be timely and effective.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115275. It is the intent of the Legislature that in the event of a nuclear accident timely and effective communications between the operators of nuclear powerplants in California and those state and local officials charged with nuclear emergency response activities be assured. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  147. 115280.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Certain public utilities operating larger nuclear powerplants must install an automated alert system, keep it operative on time, and the plant operator must cover maintenance and recurring charges.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115280. (a) Each privately owned and publicly owned public utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more shall install an automated alert system that will activate alarms in the California State Warning Center of the Office of Emergency Services in a manner to be determined by the office in consultation with the department and the appropriate county emergency services agency. This automated alert system shall duplicate the following alarms in the control rooms of each nuclear powerplant: (1) Safety injection actuation (operation of the emergency core cooling system). (2) High radiation alarm of the radioactive gas effluent stack monitor. (b) The automated alert system shall be operative within 12 months of the effective date of this chapter. (c) In no event shall the capital costs of complying with this section exceed two hundred thousand dollars ($200,000) per nuclear powerplant. The operator of each nuclear powerplant shall be responsible for any maintenance or recurring charges. The funds expended by privately owned utilities under this section shall be allowed for ratemaking purposes by the Public Utilities Commission. Publicly owned public utilities shall include funds expended under this section in their rates. (d) The automated alert system shall be operational whenever corresponding alarms in the control rooms of each nuclear powerplant are required to be operational under the terms of the operating license issued by the Nuclear Regulatory Commission, except for periods of time required for maintenance, repair, calibration, or testing. (e) Nothing in this section shall require plant modifications or the conduct of operations that may be in conflict with conditions of a license to operate issued by the Nuclear Regulatory Commission or other activities authorized by the Nuclear Regulatory Commission. (f) The Office of Emergency Services shall make provision for immediate notification of appropriate local officials upon activation of the automated alert system pursuant to this section. (Amended by Stats. 2013, Ch. 352, Sec. 392. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  148. 115285.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Nuclear powerplant operators still have to notify local authorities when other law requires it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115285. Nothing in this chapter shall relieve nuclear powerplant operators of their responsibilities to notify local authorities as otherwise provided by law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  149. 115290.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Failure to comply with this chapter cannot be used as the basis for a court or administrative action to stop a nuclear facility from operating or starting up.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115290. Failure to comply with any provision of this chapter shall not constitute the basis for an action in a court of law or administrative proceeding to enjoin or prevent the operation or start-up of a nuclear facility. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  150. 115295.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If Humboldt Bay Nuclear Generating Station is not operating, the local emergency plan does not have to meet the revised state emergency response requirements until certain NRC actions occur.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Nuclear Powerplant Radiation [115275 - 115295] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115295. If the Humboldt Bay Nuclear Generating Station is not in operation on the effective date of this section, the local emergency plan for it shall not be required to meet the revised emergency response plan requirements of Section 8610.5 of the Government Code until the Nuclear Regulatory Commission determines that the powerplant meets Nuclear Regulatory Commission seismic safety criteria, or until the Nuclear Regulatory Commission issues an order rescinding the restrictions imposed on the Humboldt Bay Nuclear Generating Station in its order of May 21, 1976. In the event that the Nuclear Regulatory Commission determines that the Humboldt Bay Nuclear Generating Station meets Nuclear Regulatory Commission seismic safety standards, or issues an order rescinding the restrictions in its order of May 21, 1976, a draft county emergency plan meeting the requirements of Section 8610.5 of the Government Code shall be submitted to the Office of Emergency Services for review within 180 days of the determination or rescission. Within 90 days after submission of the draft county emergency plan, approval of a final plan shall be completed by the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 393. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  151. 11530.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. )

    Verify source ↗

    This section defines “loiter” and “public place” for the drug-loitering chapter.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. ) ## 11530. As used in this subdivision, the following terms have the following meanings: (a) “Loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered. (b) “Public place” means an area open to the public or exposed to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, whether moving or not, and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (Added by Stats. 1995, Ch. 981, Sec. 2. Effective January 1, 1996.)
  152. 11532.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. )

    Verify source ↗

    A person may not loiter in a public place in circumstances showing an intent to commit specified drug-related offenses.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. ) ## 11532. (a) It is unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to commit an offense specified in Chapter 6 (commencing with Section 11350) and Chapter 6.5 (commencing with Section 11400). (b) Among circumstances that may be considered in determining whether a person has the requisite intent to engage in drug-related activity are that the person: (1) Acts as a “look-out.” (2) Transfers small objects or packages for currency in a furtive fashion. (3) Tries to conceal himself or herself or any object that reasonably could be involved in an unlawful drug-related activity. (4) Uses signals or language indicative of summoning purchasers of illegal drugs. (5) Repeatedly beckons to, stops, attempts to stop, or engages in conversations with passersby, whether on foot or in a motor vehicle, indicative of summoning purchasers of illegal drugs. (6) Repeatedly passes to or receives from passersby, whether on foot or in a motor vehicle, money or small objects. (7) Is under the influence of a controlled substance or possesses narcotic or drug paraphernalia. For the purposes of this paragraph, “narcotic or drug paraphernalia” means any device, contrivance, instrument, or apparatus designed or marketed for the use of smoking, injecting, ingesting, or consuming cannabis, hashish, PCP, or any controlled substance, including, but not limited to, roach clips, cigarette papers, and rollers designed or marketed for use in smoking a controlled substance. (8) Has been convicted in any court within this state, within five years prior to the arrest under this chapter, of any violation involving the use, possession, or sale of any of the substances referred to in Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with Section 11400), or has been convicted of any violation of those provisions or substantially similar laws of any political subdivision of this state or of any other state. (9) Is currently subject to any order prohibiting his or her presence in any high drug activity geographic area. (10) Has engaged, within six months prior to the date of arrest under this section, in any behavior described in this subdivision, with the exception of paragraph (8), or in any other behavior indicative of illegal drug-related activity. (c) The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for unlawful drug use and trafficking, or if they occur on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no one circumstance or combination of circumstances is in itself determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case. (Amended by Stats. 2017, Ch. 27, Sec. 158. (SB 94) Effective June 27, 2017.)
  153. 11534.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. )

    Verify source ↗

    If part of this chapter is invalid or unconstitutional, that part is treated as separate and the rest of the chapter remains valid.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. ) ## 11534. If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision, and that holding shall not affect the validity of the remaining portion thereof. (Added by Stats. 1995, Ch. 981, Sec. 2. Effective January 1, 1996.)
  154. 115340.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12. Protection from Effects of Exposure to Radioactive Iodine in Nuclear Emergencies [115340 - 115342] ( Chapter 12 added by Stats. 2002, Ch. 852, Sec. 2. )

    Verify source ↗

    The Department of Health Care Services must work with the KI working group to set up and run a potassium iodide tablet distribution program, make related plans, evaluate other at-risk areas, and report to the Governor and Legislature by July 1, 2004.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12. Protection from Effects of Exposure to Radioactive Iodine in Nuclear Emergencies [115340 - 115342] ( Chapter 12 added by Stats. 2002, Ch. 852, Sec. 2. ) ## 115340. (a) The State Department of Health Care Services shall work with the KI working group, which is coordinated by the Office of Emergency Services, to establish and implement a program to oversee the distribution of potassium iodide (KI) tablets to all persons who reside, work, visit, or attend school within the state-designated emergency planning zone of an operational nuclear powerplant, in order to provide protection to members of the public in the event of an accident causing leakage of radioactive iodine, pursuant to the offer of the Nuclear Regulatory Commission to provide the state with a supply of KI tablets. (b) In order to implement the program required by subdivision (a), the department, in consultation with local health departments and local emergency management agencies, shall develop and implement a plan for both of the following: (1) The prompt distribution of the tablets to persons at risk in the event of a nuclear emergency, in a manner to best protect the public health. (2) The dissemination of instructions on the use of the tablets, including the possible need for medical consultation, if indicated. (c) The department shall work with the KI working group described in subdivision (a) to develop and implement a plan and method for the efficient storage of KI tablets. (d) The department, in consultation with the KI working group, shall evaluate areas in the state, other than those described in subdivision (a), in which leakage of radioactive iodine is possible, and evaluate the need to store quantities of KI tablets in those areas. (e) No later than July 1, 2004, the department shall submit a plan to the Governor and the Legislature on the establishment and implementation of the program required pursuant to subdivisions (a) and (b), and on the development and implementation of the plan and method required in subdivision (c). No later than July 1, 2004, the department shall also submit to the Governor and the Legislature the evaluation required in subdivision (d). (Amended by Stats. 2013, Ch. 352, Sec. 394. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  155. 115342.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12. Protection from Effects of Exposure to Radioactive Iodine in Nuclear Emergencies [115340 - 115342] ( Chapter 12 added by Stats. 2002, Ch. 852, Sec. 2. )

    Verify source ↗

    This chapter applies only when funds are appropriated for it in the annual Budget Act or another measure.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12. Protection from Effects of Exposure to Radioactive Iodine in Nuclear Emergencies [115340 - 115342] ( Chapter 12 added by Stats. 2002, Ch. 852, Sec. 2. ) ## 115342. This chapter shall be implemented only to the extent that funds are appropriated for the purposes of this chapter in the annual Budget Act or another measure. (Added by Stats. 2002, Ch. 852, Sec. 2. Effective January 1, 2003.)
  156. 11536.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. )

    Verify source ↗

    Breaking any rule in this chapter is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. ) ## 11536. A violation of any provision of this chapter is a misdemeanor. (Added by Stats. 1995, Ch. 981, Sec. 2. Effective January 1, 1996.)
  157. 11538.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. )

    Verify source ↗

    Local governing bodies may adopt and enforce laws that are consistent with this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.5. Loitering for Drug Activities [11530 - 11538] ( Chapter 9.5 added by Stats. 1995, Ch. 981, Sec. 2. ) ## 11538. Nothing in this chapter shall prevent a local governing body from adopting and enforcing laws consistent with this chapter. Where local laws duplicate or supplement this chapter, this chapter shall be construed as providing alternative remedies and not to preempt the field. (Added by Stats. 1995, Ch. 981, Sec. 2. Effective January 1, 1996.)
  158. 11545.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.8. Treatment [11545- 11545.] ( Chapter 9.8 added by Stats. 2000, Ch. 815, Sec. 1. )

    Verify source ↗

    Licensed physicians experienced in treating addiction should be allowed and encouraged to treat addiction by all appropriate means.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 9.8. Treatment [11545- 11545.] ( Chapter 9.8 added by Stats. 2000, Ch. 815, Sec. 1. ) ## 11545. The Legislature hereby finds and declares that licensed physicians, experienced in the treatment of addiction, should be allowed and encouraged to treat addiction by all appropriate means. (Added by Stats. 2000, Ch. 815, Sec. 1. Effective January 1, 2001.)
  159. 11550.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A person generally may not use or be under the influence of certain controlled substances unless they were administered by or under a licensed person’s direction.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11550. (a) A person shall not use, or be under the influence of any controlled substance that is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), (21), (22), or (23) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception. A person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not more than one year in a county jail. The court may also place a person convicted under this subdivision on probation for a period not to exceed five years. (b) (1) A person who is convicted of violating subdivision (a) when the offense occurred within seven years of that person being convicted of two or more separate violations of that subdivision, and refuses to complete a licensed drug rehabilitation program offered by the court pursuant to subdivision (c), shall be punished by imprisonment in a county jail for not less than 180 days nor more than one year. In no event does the court have the power to absolve a person convicted of a violation of subdivision (a) who is punishable under this subdivision from the obligation of spending at least 180 days in confinement in a county jail unless there are no licensed drug rehabilitation programs reasonably available. (2) For the purpose of this section, a drug rehabilitation program is not reasonably available unless the person is not required to pay more than the court determines that he or she is reasonably able to pay in order to participate in the program. (c) (1) The court may, when it would be in the interest of justice, permit a person convicted of a violation of subdivision (a) punishable under subdivision (a) or (b) to complete a licensed drug rehabilitation program in lieu of part or all of the imprisonment in a county jail. As a condition of sentencing, the court may require the offender to pay all or a portion of the drug rehabilitation program. (2) In order to alleviate jail overcrowding and to provide recidivist offenders with a reasonable opportunity to seek rehabilitation pursuant to this subdivision, counties are encouraged to include provisions to augment licensed drug rehabilitation programs in their substance abuse proposals and applications submitted to the state for federal and state drug abuse funds. (d) In addition to any fine assessed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and a defendant shall not be denied probation because of his or her inability to pay the fine permitted under this subdivision. (e) (1) Notwithstanding subdivisions (a) and (b) or any other law, a person who is unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm is guilty of a public offense punishable by imprisonment in a county jail for not exceeding one year or in state prison. (2) As used in this subdivision “immediate personal possession” includes, but is not limited to, the interior passenger compartment of a motor vehicle. (f) Every person who violates subdivision (e) is punishable upon the second and each subsequent conviction by imprisonment in the state prison for two, three, or four years. (g) This section does not prevent deferred entry of judgment or a defendant’s participation in a preguilty plea drug court program under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code unless the person is charged with violating subdivision (b) or (c) of Section 243 of the Penal Code. A person charged with violating this section by being under the influence of any controlled substance which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) of Section 11055 and with violating either subdivision (b) or (c) of Section 243 of the Penal Code or with a violation of subdivision (e) shall be ineligible for deferred entry of judgment or a preguilty plea drug court program. (Amended by Stats. 2014, Ch. 819, Sec. 1. (AB 2492) Effective January 1, 2015.)
  160. 11551.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    Courts and parole authorities may require periodic drug tests for certain probationers or parolees, and specified health officers must report the test results.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11551. (a) Whenever any court in this state grants probation to a person who the court has reason to believe is or has been a user of controlled substances, the court may require as a condition to probation that the probationer submit to periodic tests by a city or county health officer, or by a physician and surgeon appointed by the city or county health officer with the approval of the Attorney General, to determine, by whatever means is available, whether the probationer is addicted to a controlled substance. In any case provided for in this subdivision, the city or county health officer, or the physician and surgeon appointed by the city or county health officer with the approval of the Attorney General shall report the results of the tests to the probation officer. (b) In any case in which a person is granted parole by a county parole board and the person is or has been a user of controlled substances, a condition of the parole may be that the parolee undergo periodic tests as provided in subdivision (a) and that the county or city health officer, or the physician and surgeon appointed by the city or county health officer with the approval of the Attorney General, shall report the results to the board. (c) In any case in which any state agency grants a parole to a person who is or has been a user of controlled substances, it may be a condition of the parole that the parolee undergo periodic tests as provided in subdivision (a) and that the county or city health officer, or the physician and surgeon appointed by the city or county health officer with the approval of the Attorney General, shall report the results of the tests to such state agency. (d) The cost of administering tests pursuant to subdivisions (a) and (b) shall be a charge against the county. The cost of administering tests pursuant to subdivision (c) shall be paid by the state. (e) The state department, in conjunction with the Attorney General, shall issue regulations governing the administering of the tests provided for in this section and providing the form of the report required by this section. (Added by Stats. 1972, Ch. 1407.)
  161. 11552.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    If an arrested person is suspected of being addicted to a controlled substance, the custody officer may ask a local health officer or appointed physician to administer a test, but only with the person’s written consent.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11552. In any case in which a person has been arrested for a criminal offense and is suspected of being addicted to a controlled substance, a law enforcement officer having custody of such person may, with the written consent of such person, request the city or county health officer, or physician appointed by such health officer pursuant to Section 11551, to administer to the arrested person a test to determine, by whatever means is available whether the arrested person is addicted to a controlled substance, and such health officer or physician may administer such test to such arrested person. (Added by Stats. 1972, Ch. 1407.)
  162. 11553.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    Cannabis use or suspected cannabis use, by itself, is not enough to justify invoking Sections 11551 or 11552.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11553. The fact that a person is or has been, or is suspected of being, a user of cannabis is not alone sufficient grounds upon which to invoke Section 11551 or 11552. This section shall not be construed to limit the discretion of a judge to invoke Section 11551 or 11552 if the court has reason to believe a person is or has been a user of narcotics or drugs other than cannabis. (Amended by Stats. 2017, Ch. 27, Sec. 159. (SB 94) Effective June 27, 2017.)
  163. 11554.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    The state treats rehabilitation and prevention of continued addiction to controlled substances as a statewide concern and encourages counties and city and county governments to use testing procedures and support research on detecting addiction and related medical methods when applicable.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11554. The rehabilitation of persons addicted to controlled substances and the prevention of continued addiction to controlled substances is a matter of statewide concern. It is the policy of the state to encourage each county and city and county to make use, whenever applicable, of testing procedures to determine addiction to controlled substances or the absence thereof, and to foster research in means of detecting the existence of addiction to controlled substances and in medical methods and procedures for that purpose. (Added by Stats. 1972, Ch. 1407.)
  164. 11555.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    The Attorney General must promote local government use of this article and may help agencies set up and run testing programs.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Addicts [11550 - 11555] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11555. The Attorney General is directed to promote and sponsor the use by agencies of local government of the provisions of this article. The Attorney General may assist such agencies to establish facilities for, and to train personnel to conduct testing procedures pursuant to Section 11551, and may conduct demonstrations thereof for limited periods. For these purposes the Attorney General may procure such medical supplies, equipment, and temporary services of physicians and qualified consultants as may reasonably be necessary. Subject to the availability of funds appropriated for the purpose, the Attorney General may contract with any county or city and county which undertakes to establish facilities and a testing program pursuant to Section 11551, and such contract may provide for payment by the state of such costs of initially establishing and demonstrating such program as the Attorney General may approve. (Repealed and added by Stats. 1972, Ch. 1407.)
  165. 11560.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. )

    Verify source ↗

    The Department of Corrections and the Department of the Youth Authority may establish substance abuse treatment control units.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. ) ## 11560. The Department of Corrections and the Department of the Youth Authority are authorized to establish substance abuse treatment control units in state correctional facilities or training schools or as separate establishments for any study, research, and treatment that may be necessary for the control of the addiction or habituation, or imminent addiction or habituation, to controlled substances or alcohol of persons committed to the custody of the Director of Corrections or the Director of the Youth Authority. (Amended by Stats. 1992, Ch. 465, Sec. 2. Effective January 1, 1993.)
  166. 11561.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. )

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    The parole authority may order a parolee detained in a substance abuse treatment control unit for up to 90 days if it finds reasonable grounds to believe the person is addicted or at imminent risk of addiction to controlled substances or alcohol.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. ) ## 11561. When the parole authority concludes that there are reasonable grounds for believing that a person on parole is addicted or habituated to, or is in imminent danger of addiction or habituation to, controlled substances or alcohol, it may, in accordance with procedures used to revoke parole, issue an order to detain or place the person in a substance abuse treatment control unit for a period not to exceed 90 days. The order shall be a sufficient warrant for any peace officer or employee of the Department of Corrections to return the person to physical custody. Detention pursuant to the order shall not be deemed a suspension, cancellation, or revocation of parole until the parole authority so orders pursuant to Section 3060 of the Penal Code. A parolee taken into physical custody pursuant to Section 3060 of the Penal Code may be detained in a substance abuse treatment control unit established pursuant to this article. No person on parole shall be placed in a substance abuse treatment control unit against his or her will. (Amended by Stats. 2003, Ch. 468, Sec. 5. Effective January 1, 2004.)
  167. 11562.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. )

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    The Youth Authority may order certain parolees into a substance abuse treatment control unit for up to 90 days, and the person cannot be placed there against their will.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. ) ## 11562. When the Youth Authority concludes that there are reasonable grounds for believing that a person committed to its custody, and on parole, is addicted or habituated to, or is in imminent danger of addiction or habituation to, controlled substances or alcohol, it may, in accordance with procedures used to revoke parole, issue an order to detain or place that person in a substance abuse treatment control unit for not to exceed 90 days. The order shall be a sufficient warrant for any peace officer or employee of the Department of the Youth Authority to return to physical custody that person. Detention pursuant to the order shall not be deemed a suspension, cancellation, or revocation of parole unless the Youth Authority so orders pursuant to Section 1767.3 of the Welfare and Institutions Code. With the consent of the Director of Corrections, the Director of the Youth Authority may, pursuant to this section, confine the addicted or habituated or potentially addicted or habituated person, over 18 years of age, in a substance abuse treatment control unit established by the Department of Corrections. No person committed to the custody of the Youth Authority and on parole shall be placed in a substance abuse treatment control unit against his or her will. (Amended by Stats. 1992, Ch. 465, Sec. 4. Effective January 1, 1993.)
  168. 11563.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. )

    Verify source ↗

    The parole authority may order a woman on parole into a substance abuse treatment control unit for up to 90 days if it has reasonable grounds to believe she is addicted to, or in danger of addiction to, controlled substances or alcohol.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. ) ## 11563. When the parole authority concludes that there are reasonable grounds for believing that a woman on parole is addicted or habituated to, or is in imminent danger of addiction or habituation to, controlled substances or alcohol, it may, in accordance with procedures used to revoke parole, issue an order to detain or place the person in a substance abuse treatment control unit for a period not to exceed 90 days. The order shall be a sufficient warrant for any peace officer or employee of the Department of Corrections to return the person to physical custody . Detention pursuant to the order shall not be deemed a suspension, cancellation, or revocation of parole until such time as the parole authority so orders pursuant to Section 3060 of the Penal Code. A parolee taken into physical custody pursuant to Section 3060, 6043, or 6044 of the Penal Code may be detained in a substance abuse treatment control unit established pursuant to this article. No woman on parole shall be placed in a substance abuse treatment control unit against her will. (Amended by Stats. 1992, Ch. 695, Sec. 6. Effective September 15, 1992.)
  169. 11564.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. )

    Verify source ↗

    The authority given to the parole authority and the Department of the Youth Authority does not limit Penal Code Sections 3060 and 3325.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. ) ## 11564. The authority granted to the parole authority and to the Department of the Youth Authority in no way limits Sections 3060 and 3325 of the Penal Code. (Amended by Stats. 1992, Ch. 695, Sec. 7. Effective September 15, 1992.)
  170. 11565.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. )

    Verify source ↗

    This section says that “parole authority” means the same thing as in Penal Code Section 3000, for purposes of this article.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Substance Abuse Treatment Control Units [11560 - 11565] ( Heading of Article 2 amended by Stats. 1992, Ch. 465, Sec. 1. ) ## 11565. For purposes of this article, “parole authority” has the same meaning as described in Section 3000 of the Penal Code. (Added by Stats. 1992, Ch. 695, Sec. 8. Effective September 15, 1992.)
  171. 11570.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    A building or place used for unlawful controlled-substance activity is treated as a nuisance and may be enjoined, abated, prevented, and give rise to damages.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11570. Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified in this division, and every building or place wherein or upon which those acts take place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance. (Amended by Stats. 1986, Ch. 1043, Sec. 1.5.)
  172. 115700.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. )

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    Landowners and well owners must secure dangerous abandoned excavations and manage certain inactive wells, or the conduct may be a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. ) ## 115700. (a) Every person owning land in fee simple or in possession thereof under lease or contract of sale who knowingly permits the existence on the premises of any abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation dangerous to persons legally on the premises, or to minors under the age of 12 years, who fails to cover, fill, or fence securely that dangerous abandoned excavation and keep it so protected, is guilty of a misdemeanor. (b) Every person owning land in fee simple or in possession thereof under lease or contract of sale who knowingly permits the existence on the premises of any permanently inactive well, cathodic protection well, or monitoring well that constitutes a known or probable preferential pathway for the movement of pollutants, contaminants, or poor quality water, from above ground to below ground, or vertical movement of pollutants, contaminants, or poor quality water below ground, and that movement poses a threat to the quality of the waters of the state, shall be guilty of a misdemeanor. (c) For purposes of this section, “well” includes any of the following: (1) A “monitoring well” as defined by Section 13712 of the Water Code. (2) A “cathodic well” as defined by Section 13711 of the Water Code. (3) A “water well” as defined by Section 13710 of the Water Code. (d) A “permanently inactive well” is a well that has not been used for a period of one year, unless the person owning land in fee simple or in possession thereof under lease or contract of sale demonstrates an intent for future use for water supply, groundwater recharge, drainage, or groundwater level control, heating or cooling, cathodic protection, groundwater monitoring, or related uses. A well owner shall provide evidence to the local health officer of an intent for future use of an inactive well by maintaining the well in a way that the following requirements are met: (1) The well shall not allow impairment of the quality of water within the well and groundwater encountered by the well. (2) The top of the well or well casing shall be provided with a cover, that is secured by a lock or by other means to prevent its removal without the use of equipment or tools, to prevent unauthorized access, to prevent a safety hazard to humans and animals, and to prevent illegal disposal of wastes in the well. The cover shall be watertight where the top of the well casing or other surface openings to the well are below ground level, as in a vault or below known levels of flooding. The cover shall be watertight if the well is inactive for more than five consecutive years. A pump motor, angle drive, or other surface feature of a well, when in compliance with the above provisions, shall suffice as a cover. (3) The well shall be marked so as to be easily visible and located, and labeled so as to be easily identified as a well. (4) The area surrounding the well shall be kept clear of brush, debris, and waste materials. (e) At a minimum, permanently inactive wells shall be destroyed in accordance with standards developed by the Department of Water Resources pursuant to Section 13800 of the Water Code and adopted by the State Water Resources Control Board or local agencies in accordance with Section 13801 of the Water Code. Minimum standards recommended by the department and adopted by the state board or local agencies for the abandonment or destruction of groundwater monitoring wells or class 1 hazardous injection wells shall not be construed to limit, abridge, or supersede the powers or duties of the department, in accordance with Section 13801 of the Water Code. (f) Nothing in this section is a limitation on the power of a city, county, or city and county to adopt and enforce additional penal provisions regarding the types of wells and other excavations described in subdivisions (a) and (b). (Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
  173. 115705.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. )

    Verify source ↗

    The board of supervisors may order abandoned mining excavations on unoccupied county public lands to be securely covered, filled, or fenced.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. ) ## 115705. The board of supervisors may order securely covered, filled, or fenced abandoned mining excavations on unoccupied public lands in the county. (Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
  174. 11571.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    If a nuisance under Section 11570 is believed to exist in a county, certain public officials or a resident citizen may bring an action to stop it and seek a permanent injunction.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11571. If there is reason to believe that a nuisance, as described in Section 11570, is kept, maintained, or exists in any county, the district attorney or county counsel of the county, or the city attorney of any incorporated city or of any city and county, in the name of the people, may, or any citizen of the state resident in the county, in his or her own name, may, maintain an action to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance. (Amended by Stats. 2010, Ch. 570, Sec. 3. (AB 1502) Effective January 1, 2011.)
  175. 11571.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Local governing bodies may adopt and enforce drug-abatement laws consistent with this article, and tenants may still seek relief from lease forfeiture under Section 1179.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11571.1. (a) Nothing in this article shall prevent a local governing body from adopting and enforcing laws, consistent with this article, relating to drug abatement. Where local laws duplicate or supplement this article, this article shall be construed as providing alternative remedies and not preempting the field. (b) Nothing in this article shall prevent a tenant from receiving relief against a forfeiture of a lease pursuant to Section 1179 of the Code of Civil Procedure. (Repealed and added by Stats. 2009, Ch. 244, Sec. 7. (AB 530) Effective January 1, 2010.)
  176. 11571.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A city attorney or city prosecutor may bring an action to abate a nuisance within the city, and that action gets the same precedence as a county district attorney’s action.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11571.5. For purposes of this article, an action to abate a nuisance may be taken by the city attorney or city prosecutor of the city within which the nuisance exists, is kept, or is maintained. An action by a city attorney or city prosecutor shall be accorded the same precedence as an action maintained by the district attorney of the county. (Added by Stats. 1986, Ch. 182, Sec. 1.)
  177. 115710.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. )

    Verify source ↗

    The county board of supervisors must order dangerous abandoned mining shafts, pits, or other excavations on unoccupied county land to be securely fenced, filled, or covered.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. ) ## 115710. The board of supervisors shall order securely fenced, filled, or covered any abandoned mining shaft, pit, or other excavation on unoccupied land in the county whenever it appears to them, by proof submitted, that the excavation is dangerous or unsafe to man or beast. The cost of covering, filling, or fencing is a county charge. (Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
  178. 115715.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. )

    Verify source ↗

    A person must not maliciously remove or destroy coverings or fencing, or remove fill, from covered shafts, pits, or other excavations under this part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. ) ## 115715. Every person who maliciously removes or destroys any covering or fencing placed around, or removes any fill placed in, any shaft, pit, or other excavation, as provided in this part, is guilty of a misdemeanor. (Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
  179. 11572.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A complaint in the action must be verified unless it is filed by the district attorney or the city attorney of an incorporated city.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11572. Unless filed by the district attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified. (Amended by Stats. 1987, Ch. 1076, Sec. 3.)
  180. 115720.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. )

    Verify source ↗

    This part does not apply to certain abandoned excavations over one-half acre in surface area.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9.5. ABANDONED EXCAVATIONS [115700 - 115720] ( Part 9.5 added by Stats. 1996, Ch. 1023, Sec. 340. ) ## 115720. This part is not applicable to any abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation that contains a surface area of more than one-half acre. (Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
  181. 115725.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 1. Playgrounds [115725 - 115735] ( Article 1 repealed (in Sec. 1) and added by Stats. 2006, Ch. 470, Sec. 2. )

    Verify source ↗

    Playgrounds covered by this section must meet specified ASTM and U.S. Consumer Product Safety Commission standards, and certain operators must get an initial certified safety inspection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 1. Playgrounds [115725 - 115735] ( Article 1 repealed (in Sec. 1) and added by Stats. 2006, Ch. 470, Sec. 2. ) ## 115725. (a) All new playgrounds open to the public built by a public agency or any other entity shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission. (b) Replacement of equipment or modification of components inside existing playgrounds shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission. (c) All public agencies operating playgrounds and all other entities operating playgrounds open to the public shall have a playground safety inspector, certified by the National Playground Safety Institute, conduct an initial inspection for the purpose of aiding compliance with the requirements set forth in subdivision (a) or (b), as applicable. Any inspection report may serve as a reference when the upgrades are made, but is not intended for any other use. (d) Playgrounds installed between January 1, 1994, and December 31, 1999, shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission not later than 15 years after the date those playgrounds were installed. (e) For purposes of this section, all of the following shall apply: (1) An “entity operating a playground open to the public” includes, but is not limited to, a church, subdivision, hotel, motel, resort, camp, office, hospital, shopping center, day care setting, and restaurant. An “entity operating a playground open to the public” shall not include a licensed children’s residential facility, certified family home or resource family of a licensed foster family agency, resource family approved by a county, or licensed family child care home, which is regulated to meet child safety requirements enforced by the State Department of Social Services. (2) “Playground” means an improved outdoor area designed, equipped, and set aside for children’s play that is not intended for use as an athletic playing field or athletic court, and shall include any playground equipment, fall zones, surface materials, access ramps, and all areas within and including the designated enclosure and barriers. (f) Operators of playgrounds in child care centers regulated by the California Department of Social Services (CDSS) pursuant to Title 22 of Division 12 of Chapter 1 of the California Code of Regulations and facilities operated for the developmentally disabled, shall comply with the requirements established in this section. (g) (1) No state funding shall be available for the planning, development, or redevelopment of any playground, unless the playground, after completion of the state-funded project, will conform to the requirements of subdivision (a) or (b), as applicable. However, where state funds have been appropriated to, or allocated for, a playground project prior to the effective date of this section but the section becomes effective prior to the completion of the project, that funding shall be maintained, as long as the playground is altered to conform to the requirements of subdivision (a) or (b), as applicable, to the extent the alterations can be made without adding significantly to the project cost. (2) After the date by which an entity is required to conform its playground to satisfy requirements of this section, no state funding shall be available for the operation, maintenance, or supervision of the playground unless the playground conforms to the applicable requirements of the section. (Amended by Stats. 2017, Ch. 732, Sec. 40. (AB 404) Effective January 1, 2018.)
  182. 11573.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    If a nuisance is proven, the court must allow a temporary restraining order or injunction to stop it, and the property owner must notify buyers or lessees about the order before selling or leasing.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11573. (a) If the existence of the nuisance is shown in the action to the satisfaction of the court or judge, either by verified complaint or affidavit, the court or judge shall allow a temporary restraining order or injunction to abate and prevent the continuance or recurrence of the nuisance. (b) A temporary restraining order or injunction may enjoin subsequent owners, commercial lessees, or agents who acquire the building or place where the nuisance exists with notice of the temporary restraining order or injunction, specifying that the owner of the property subject to the temporary restraining order or injunction shall notify any prospective purchaser, commercial lessee, or other successor in interest of the existence of the order or injunction, and of its application to successors in interest, prior to entering into any agreement to sell or lease the property. The temporary restraining order or injunction shall not constitute a title defect, lien, or encumbrance on the real property. (Amended by Stats. 2002, Ch. 1057, Sec. 2. Effective January 1, 2003.)
  183. 11573.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section lets the court take several nuisance-abatement measures, including witness protection, closure of premises, rent escrow, and relocation assistance for eligible tenants.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11573.5. (a) At the time of application for issuance of a temporary restraining order or injunction pursuant to Section 11573, if proof of the existence of the nuisance depends, in whole or part, upon the affidavits of witnesses who are not peace officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person, the court may issue orders to protect those witnesses, including, but not limited to, nondisclosure of the name, address, or any other information which may identify those witnesses. (b) A temporary restraining order or injunction issued pursuant to Section 11573 may include closure of the premises pending trial when a prior order or injunction does not result in the abatement of the nuisance. The duration of the order or injunction shall be within the court’s discretion. In no event shall the total period of closure pending trial exceed one year. Prior to ruling on a request for closure the court may order that some or all of the rent payments owing to the defendant be placed in an escrow account for a period of up to 90 days or until the nuisance is abated. If the court subsequently orders a closure of the premises, the money in the escrow account shall be used to pay for relocation assistance pursuant to subdivision (d). In ruling upon a request for closure, whether for a defined or undefined duration, the court shall consider all of the following factors: (1) The extent and duration of the nuisance at the time of the request. (2) Prior efforts by the defendant to comply with previous court orders to abate the nuisance. (3) The nature and extent of any effect which the nuisance has upon other persons, such as residents or businesses. (4) Any effect of prior orders placing displaced residents’ or occupants’ rent payments into an escrow account upon the defendant’s efforts to abate the nuisance. (5) The effect of granting the request upon any resident or occupant of the premises who is not named in the action, including the availability of alternative housing or relocation assistance, the pendency of any action to evict a resident or occupant, and any evidence of participation by a resident or occupant in the nuisance activity. (c) In making an order of closure pursuant to this section, the court may order the premises vacated and may issue any other orders necessary to effectuate the closure. However, all tenants who may be affected by the order shall be provided reasonable notice and an opportunity to be heard at all hearings regarding the closure request prior to the issuance of any order. (d) In making an order of closure pursuant to this section, the court shall order the defendant to provide relocation assistance to any tenant ordered to vacate the premises, provided the court determines that the tenant was not actively involved in the nuisance activity. The relocation assistance ordered to be paid by the defendant shall be in the amount necessary to cover moving costs, security deposits for utilities and comparable housing, adjustment in any lost rent, and any other reasonable expenses the court may deem fair and reasonable as a result of the court’s order. (e) At the hearing to order closure pursuant to this section, the court may make the following orders with respect to any displaced tenant not actively involved in the nuisance: (1) Priority for senior citizens, physically handicapped persons, or persons otherwise suffering from a permanent or temporary disability for claims against money for relocation assistance. (2) Order the local agency seeking closure pursuant to this section to make reasonable attempts to seek additional sources of funds for relocation assistance to displaced tenants, if deemed necessary. (3) Appoint a receiver to oversee the disbursement of relocation assistance funds, whose services shall be paid from the escrow fund. (4) Where a defendant has paid relocation assistance pursuant to subdivision (d), the escrow account under subdivision (b) may be released to the defendant and no appointment under paragraph (3) shall be made. (f) (1) The remedies set forth pursuant to this section shall be in addition to any other existing remedies for nuisance abatement actions, including, but not limited to, the following: (A) Capital improvements to the property, such as security gates. (B) Improved interior or exterior lighting. (C) Security guards. (D) Posting of signs. (E) Owner membership in neighborhood or local merchants’ associations. (F) Attending property management training programs. (G) Making cosmetic improvements to the property. (H) Requiring the owner or person in control of the property to reside in the property until the nuisance is abated. The order shall specify the number of hours per day or per week the owner or person in control of the property must be physically present in the property. In determining this amount, the court shall consider the nature and severity of the nuisance. (2) At all stages of an action brought pursuant to this article, the court has equitable powers to order steps necessary to remedy the problem and enhance the abatement process. (Amended by Stats. 2002, Ch. 1057, Sec. 3. Effective January 1, 2003.)
  184. 115730.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 1. Playgrounds [115725 - 115735] ( Article 1 repealed (in Sec. 1) and added by Stats. 2006, Ch. 470, Sec. 2. )

    Verify source ↗

    The State Department of Social Services must convene a working group on playground safety for child care centers, and the working group must submit recommendations by two specified dates.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 1. Playgrounds [115725 - 115735] ( Article 1 repealed (in Sec. 1) and added by Stats. 2006, Ch. 470, Sec. 2. ) ## 115730. (a) The State Department of Social Services shall convene a working group to develop recommendations for minimum safety requirements for playgrounds at child care centers. (b) The working group shall include, but not be limited to, child care center operators, including representatives of the Professional Association for Childhood Education, the California Child Care Health Program, the Children’s Advocacy Institute, the State Department of Public Health, and certified playground inspectors. (c) The working group shall use the national guidelines published by the United States Consumer Product Safety Commission and those regulations adopted pursuant to this article as a reference in developing its recommendations. However, the State Department of Social Services shall determine minimum safety requirements that are protective of child health on playgrounds at child care centers. (d) The working group shall submit its playground safety recommendations to the State Department of Social Services by September 1, 2001. (e) The working group shall submit its recommendations to the Legislature by November 1, 2001. (f) This section shall be construed as a continuation of former Section 115736. (Amended (as added by Stats. 2006, Ch. 470) by Stats. 2007, Ch. 483, Sec. 27. Effective January 1, 2008.)
  185. 115735.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 1. Playgrounds [115725 - 115735] ( Article 1 repealed (in Sec. 1) and added by Stats. 2006, Ch. 470, Sec. 2. )

    Verify source ↗

    This article becomes operative on January 1, 2008.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 1. Playgrounds [115725 - 115735] ( Article 1 repealed (in Sec. 1) and added by Stats. 2006, Ch. 470, Sec. 2. ) ## 115735. This article shall become operative on January 1, 2008. (Repealed (in Sec. 1) and added by Stats. 2006, Ch. 470, Sec. 2. Effective January 1, 2007. Note: This section prescribes a delayed operative date for Article 1, commencing with Section 115725.)
  186. 11574.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    If a temporary writ is granted, the court or judge must require the applicant to promise to pay the enjoined defendant’s damages, up to a specified amount, if the applicant later is found not entitled to the injunction.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11574. On granting the temporary writ the court or judge shall require an undertaking on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if the court finally decides that the applicant was not entitled to the injunction. (Amended by Stats. 1982, Ch. 517, Sec. 275.)
  187. 11575.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This provision gives the action priority over other actions, except for criminal proceedings, election contests, injunction hearings, and vehicle forfeiture actions under this division.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11575. The action shall have precedence over all other actions, except criminal proceedings, election contests, hearings on injunctions, and actions to forfeit vehicles under this division. (Repealed and added by Stats. 1972, Ch. 1407.)
  188. 11575.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    In an abatement action under this article, evidence otherwise allowed by law, including community reputation evidence under the Evidence Code, is admissible to prove a nuisance.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11575.5. In any action for abatement instituted pursuant to this article, all evidence otherwise authorized by law, including evidence of reputation in a community, as provided in the Evidence Code, shall be admissible to prove the existence of a nuisance. (Added by Stats. 1988, Ch. 1525, Sec. 2.)
  189. 11576.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    If a citizen filed the complaint, it cannot be dismissed by the citizen or for lack of prosecution unless the citizen and attorney file a sworn statement explaining why dismissal is requested and the court orders dismissal.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11576. If the complaint is filed by a citizen it shall not be dismissed by him or for want of prosecution except upon a sworn statement made by him and his attorney, setting forth the reasons why the action should be dismissed, and by dismissal ordered by the court. (Repealed and added by Stats. 1972, Ch. 1407.)
  190. 11577.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    If an action is not prosecuted with reasonable diligence, or if the plaintiff asks, the court may replace the plaintiff with another consenting citizen.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11577. In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any other citizen consenting thereto for the plaintiff. (Added by Stats. 1972, Ch. 1407.)
  191. 115775.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 2. Wooden Playground Equipment [115775 - 115800] ( Heading of Article 2 renumbered from Article 3 by Stats. 1996, Ch. 1023, Sec. 344. )

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    State funds may not be used to buy certain treated wooden playground equipment, and covered wooden structures must be sealed and resealed on a set schedule.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 2. Wooden Playground Equipment [115775 - 115800] ( Heading of Article 2 renumbered from Article 3 by Stats. 1996, Ch. 1023, Sec. 344. ) ## 115775. (a) No state funds shall be used by any state agency, onsite employee child care center for state employees, city, county, city and county, district, superintendent of schools, school district, or community college district to purchase wooden playground or recreational equipment where there is a likelihood of contact by children and when the equipment has been treated with any of the following substances: (1) Pentachlorophenol. (2) Creosote. (3) Arsenic, elemental arsenic, or arsenic copper combination, unless the wood is treated with a nontoxic and nonslippery sealer and the seller certifies that the wood is treated in accordance with commodity standard C-17 for playground equipment as adopted by the American Wood-Preservers Association. (b) The state or any city, county, city and county, district, superintendent of schools, school district, community college district, or onsite employee child care center for state employees that receives education or parks and recreation funds from the state shall not use any portion of these funds for the maintenance or upkeep of any wooden structures treated with any of the substances that are prohibited from purchase pursuant to subdivision (a) and where there is a likelihood of contact by children, unless the state, city, county, city and county, superintendent of schools, school district, district, community college district, or onsite employee child care center for state employees treats the wooden structures with nontoxic and nonslippery sealers and reseals the treated structure in accordance with subdivision (c). (c) The installer of any wooden playground or recreational equipment that will be available for public use and that has been treated with a substance listed in paragraph (3) of subdivision (a) shall seal the structures with a nontoxic and nonslippery sealant prior to, or at the time of, the installation of the equipment. After the equipment that is available for public use has been sealed pursuant to this subdivision, the owner of the equipment shall reseal the treated equipment every two years thereafter with a nontoxic and nonslippery sealant. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  192. 11578.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    If a citizen brings the action and the court finds no reasonable ground or cause, the court must tax costs against the citizen.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11578. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, the costs shall be taxed against him. (Added by Stats. 1972, Ch. 1407.)
  193. 11579.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    If nuisance is proven, the court must enter an abatement order, and the plaintiff’s costs become a lien on the building or place.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11579. If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and plaintiff’s costs in the action are a lien upon the building or place. The lien is enforceable and collectible by execution issued by order of the court. (Added by Stats. 1972, Ch. 1407.)
  194. 11580.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    Breaking an abatement injunction or order can be punished as contempt of court with a fine, jail time, or both.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11580. A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or by imprisonment in the county jail for not less than one nor more than six months, or by both. A contempt may be based on a violation of any court order including failure to pay relocation assistance. Notwithstanding any other provision of law, any fines assessed for contempt shall first be held by the court and applied to satisfaction of the court’s order for relocation assistance pursuant to subdivision (d) of Section 11573.5. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the contempt penalties. (Amended by Stats. 1988, Ch. 1525, Sec. 3.)
  195. 115800.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 2. Wooden Playground Equipment [115775 - 115800] ( Heading of Article 2 renumbered from Article 3 by Stats. 1996, Ch. 1023, Sec. 344. )

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    Skateboard park operators must not let riders use the park unless they wear a helmet, elbow pads, and knee pads. Local public agencies for certain unsupervised facilities may comply through an ordinance and warning signs, and they must keep injury and claim records for public skateboard parks or facilities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Safe Recreational Land Use [115725 - 115800] ( Heading of Chapter 4 amended by Stats. 1996, Ch. 1023, Sec. 342. ) ## ARTICLE 2. Wooden Playground Equipment [115775 - 115800] ( Heading of Article 2 renumbered from Article 3 by Stats. 1996, Ch. 1023, Sec. 344. ) ## 115800. (a) An operator of a skateboard park shall not permit a person to ride a skateboard or other wheeled recreational device in the park, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard or other wheeled recreational device, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard or other wheeled recreational device at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard or other wheeled recreational device in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation pursuant to the ordinance required by paragraph (1). (c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) For purposes of this section, “other wheeled recreational device” means nonmotorized bicycles, scooters, inline skates, roller skates, or wheelchairs being used for recreational purposes. (e) (1) Riding a skateboard or other wheeled recreational device, or any concurrent combination of these activities at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person riding the skateboard or other wheeled recreational device is 12 years of age or older. (B) The riding of the skateboard or other wheeled recreational device that caused the injury was stunt, trick, or luge riding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (3) (A) Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. (B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard or other wheeled recreational device in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. (5) (A) Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. (6) For purposes of injuries that occur while operating one of the other wheeled recreational devices defined in subdivision (d) in a skateboard facility, this subdivision shall apply to any claim for injuries occurring on or after the effective date of the measure adding this paragraph. (Amended by Stats. 2020, Ch. 236, Sec. 1. (SB 1003) Effective September 28, 2020.)
  196. 11581.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    If a nuisance is proven, the court must enter an abatement order that removes and sells certain property and closes the building or place for one year, and it may also impose civil penalties or order damages instead of closure in some cases.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11581. (a) If the existence of the nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct the removal from the building or place of all fixtures, musical instruments, and other movable property used in conducting, maintaining, aiding, or abetting the nuisance and shall direct their sale in the manner provided for the sale of chattels under execution. (b) (1) The order shall provide for the effectual closing of the building or place against its use for any purpose, and for keeping it closed for a period of one year. This subdivision is intended to give priority to closure. Any alternative to closure may be considered only as provided in this section. (2) In addition, the court may assess a civil penalty not to exceed twenty-five thousand dollars ($25,000) against any or all of the defendants, based upon the severity of the nuisance and its duration. (3) One-half of the civil penalties collected pursuant to this section shall be deposited in the Restitution Fund in the State Treasury, the proceeds of which shall be available only upon appropriation by the Legislature to indemnify persons filing claims pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, and one-half of the civil penalties collected shall be paid to the city in which the judgment was entered, if the action was brought by the city attorney or city prosecutor. If the action was brought by a district attorney, one-half of the civil penalties collected shall be paid to the treasurer of the county in which the judgment was entered. (c) (1) If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is responsible for the existence of the nuisance, or the person who knowingly permits controlled substances to be unlawfully sold, served, stored, kept, or given away in or from a building or place he or she owns, to pay damages in an amount equal to the fair market rental value of the building or place for one year to the city or county in whose jurisdiction the nuisance is located for the purpose of carrying out drug abuse treatment, prevention, and education programs. If awarded to a city, eligible programs may include those developed as a result of cooperative programs among schools, community agencies, and the local law enforcement agency. These funds shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs. (2) For purposes of this subdivision, the actual amount of rent being received for the rental of the building or place, or the existence of any vacancy therein, may be considered, but shall not be the sole determinant of the fair market rental value. Expert testimony may be used to determine the fair market rental value. (d) This section shall become operative on January 1, 1996. (Amended by Stats. 2003, Ch. 62, Sec. 183. Effective January 1, 2004.)
  197. 11582.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    While an abatement order is in effect, the building or place is in the custody of the court.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11582. While the order of abatement remains in effect, the building or place is in the custody of the court. (Added by Stats. 1972, Ch. 1407.)
  198. 115825.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    California policy favors multiple use of public water, but recreational contact with the water is generally not allowed in reservoirs where the water is stored for domestic use.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115825. (a) It is hereby declared to be the policy of this state that multiple use should be made of all public water within the state, to the extent that multiple use is consistent with public health and public safety. (b) Except as provided in this article, recreational uses shall not, with respect to a reservoir in which water is stored for domestic use, include recreation in which there is bodily contact with the water by any participant. (Amended by Stats. 2004, Ch. 519, Sec. 1. Effective January 1, 2005.)
  199. 11583.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    An officer may charge and receive the same fees for removing and selling movable property as for similar property sold on execution, and the court must allow a reasonable sum for closing and guarding the premises.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11583. For removing and selling the movable property, the officer is entitled to charge and receive the same fees as he would for levying upon and selling like property on execution; and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court. (Added by Stats. 1972, Ch. 1407.)
  200. 115830.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Public agency water supply reservoirs must be open for recreational use by the people of this state, subject to department regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115830. All water supply reservoirs of a public agency, whether heretofore or hereafter constructed, shall be open for recreational use by the people of this state, subject to the regulations of the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

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