SECTIONS 115230-115235 - California Statutes

HEALTH AND SAFETY CODE

SECTION 115230-115235

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.

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.