Signed by Governor Jim Justice, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes a comprehensive regulatory framework for radiation control in West Virginia, designating the Department of Health as the state radiation control agency and outlining requirements for licensing, inspection, and safety management of radioactive materials.

Highlights:

• Establishes a comprehensive regulatory framework for radiation control in West Virginia to (Article 27B, Sec. 1-2):

• Maintain a regulatory program for sources of ionizing radiation to provide for compatibility and equivalency with the standards and regulatory programs of the federal government, a single effective system of regulation within the state;

• Maintain a program to permit the development and use of sources of radiation for peaceful purposes consistent with the health and safety of the public; and

• Provide for the availability of capacity outside the state for the disposal of low-level radioactive waste generated within the state except for waste generated as a result of defense or federal research and development activities and to recognize that such radioactive waste can be most safely and efficiently managed on a regional basis.

• Specifies that the purpose of this bill is to provide the following, including (Article 27B, Sec. 1-2):

• A program of effective regulation of sources of radiation for the protection of occupational and public health and safety;

• A program to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state and facilitate intergovernmental cooperation to the use and regulation of sources of radiation to the end that duplication of regulation may be minimized;

• A program to establish procedures for the assumption and performance of certain regulatory responsibilities to byproducts, source and special nuclear materials, and radiation-generating equipment; and

• A program to permit the use of sources of radiation consistent with the health and safety of the public.

• Specifies and designates the Department of Health as the state radiation control agency (Article 27B, Sec. 1-2).

• Defines and outlines requirements for licensing, inspection, and safety management of radioactive materials (Article 27B, Sec. 1-2). 

• Specifies that any individual found guilty of violating the provisions of this bill shall be guilty of a felony, fined between $1,000 and $25,000, and receive a 1-5 year prison sentence, or both (Article 27B, Sec. 15).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Article 27B, Sec. 16).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes a comprehensive regulatory framework for radiation control in West Virginia, designating the Department of Health as the state radiation control agency and outlining requirements for licensing, inspection, and safety management of radioactive materials.

Highlights:

• Establishes a comprehensive regulatory framework for radiation control in West Virginia to (Article 27B, Sec. 1-2):

• Maintain a regulatory program for sources of ionizing radiation to provide for compatibility and equivalency with the standards and regulatory programs of the federal government, a single effective system of regulation within the state;

• Maintain a program to permit the development and use of sources of radiation for peaceful purposes consistent with the health and safety of the public; and

• Provide for the availability of capacity outside the state for the disposal of low-level radioactive waste generated within the state except for waste generated as a result of defense or federal research and development activities and to recognize that such radioactive waste can be most safely and efficiently managed on a regional basis.

• Specifies that the purpose of this bill is to provide the following, including (Article 27B, Sec. 1-2):

• A program of effective regulation of sources of radiation for the protection of occupational and public health and safety;

• A program to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state and facilitate intergovernmental cooperation to the use and regulation of sources of radiation to the end that duplication of regulation may be minimized;

• A program to establish procedures for the assumption and performance of certain regulatory responsibilities to byproducts, source and special nuclear materials, and radiation-generating equipment; and

• A program to permit the use of sources of radiation consistent with the health and safety of the public.

• Specifies and designates the Department of Health as the state radiation control agency (Article 27B, Sec. 1-2).

• Defines and outlines requirements for licensing, inspection, and safety management of radioactive materials (Article 27B, Sec. 1-2). 

• Specifies that any individual found guilty of violating the provisions of this bill shall be guilty of a felony, fined between $1,000 and $25,000, and receive a 1-5 year prison sentence, or both (Article 27B, Sec. 15).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Article 27B, Sec. 16).

Full Bill Text