In this title the following words have the meanings indicated.
“Board” means the Radiation Control Advisory Board.
“Emergency” means a sudden and unforeseen condition of such public gravity and urgency that it requires immediate response to protect the public health and welfare.
“Emergency planning zone” means a plume exposure pathway emergency planning zone, as described in 10 C.F.R. § 50.47(c)(2).
“General license” means a license that, under the rules and regulations adopted by the Department under this title, is effective without the filing of an application by the licensee.
“Nuclear incident” means any occurrence, including an extraordinary nuclear occurrence, or series of occurrences at a nuclear power plant with the potential for causing bodily injury, sickness, disease, death, loss of or damage to property, or loss of use of property resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material used by a nuclear power plant or stored on its property.
“Nuclear power plant” means any facility capable of producing electricity using nuclear energy:
That is located in the State; or
With an emergency planning zone that includes any area of the State; and
For which the Department participates in planning and response activities related to the facility.
“Nuclear power plant” includes a facility with one or more nuclear power reactors that:
Has spent nuclear fuel stored onsite;
Has not been fully dismantled and decommissioned in accordance with applicable federal law and regulations; or
Has not been granted license termination by the U.S. Nuclear Regulatory Commission.
“Nuclear Regulatory Commission” means the U.S. Nuclear Regulatory Commission or any successor entity responsible for federal regulation of nuclear energy.
“Off–site response organization” means a state, local, or tribal governmental organization responsible for carrying out emergency response functions during a nuclear incident.
“Person” includes any public or municipal corporation and any agency, bureau, department, or instrumentality of State or local government and, to the extent authorized by federal law, federal government.
“Radiation” means:
Ionizing radiation, including gamma rays, X–rays, alpha particles, beta particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear particles or rays;
Any electromagnetic radiation that can be generated during the operation of a manufactured device that has an electronic circuit; or
Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of the operation, in a manufactured device, of an electronic circuit that can generate a physical field of radiation.
“Specific license” means a license that, under the rules and regulations adopted by the Department under this title, is effective only after the applicant files an application and the Department approves the application.
The General Assembly finds that radiation:
If used properly, can help to improve the health, welfare, and productivity of the public;
If used carelessly or excessively, may destroy life or health; and
If used improperly, may impair the industrial and agricultural potential of this State.
It is the policy of this State:
To encourage the constructive uses of radiation;
To control radiation; and
To protect the public from unnecessary and harmful exposure resulting from a nuclear incident.
This title does not limit:
Lawful exposure of patients to radiation for diagnosis or therapy; or
Medical research.
The Secretary shall:
Administer this title and the rules and regulations adopted under this title;
Develop comprehensive policies and programs to evaluate, determine, and lessen hazards that are associated with the use of radiation;
Advise, consult, and cooperate with:
Experts in the field of radiation control;
Other agencies of this State;
The federal government;
Other states;
Interstate agencies;
Affected groups;
Affected political subdivisions; and
Affected industries;
Accept and administer, according to law, any available loans, grants, and other funds or gifts for carrying out the Secretary’s powers and duties under this title;
Collect and publish health education information about protection from radiation hazards;
Review all radiation source plans and specifications that are submitted under the rules and regulations adopted under this title;
Inspect, to determine any possible radiation hazard:
Sources of radiation;
The shielding and immediate surroundings of radiation sources; and
Any records that concern the operation of radiation sources; and
Keep in confidence all information about commercial and industrial processes that is obtained in carrying out this title.
The Secretary may:
Authorize the Baltimore City Commissioner of Health to enforce and carry out the provisions of this title in Baltimore City; and
Encourage, participate in, or conduct studies, investigations, training, research, or demonstrations that concern:
The control of radiation hazards;
The measurement of radiation;
The effects on health from exposure to radiation; or
Any other related problems.
Whenever the Secretary finds that an emergency exists, the Secretary may issue an order:
Stating that the emergency exists; and
Requiring any action that the Secretary finds necessary to meet the emergency.
Every order issued under this section is effective immediately.
Except as otherwise provided in this section, the Secretary may adopt rules and regulations for control of sources of radiation.
The Secretary may not adopt any rule or regulation for control of a source of radiation unless the requirements of this section and the Administrative Procedure Act are met.
The Secretary may not adopt any rule or regulation unless the rule or regulation conforms to the relevant standards set by:
The United States Nuclear Regulatory Commission;
The United States Food and Drug Administration; and
The United States Environmental Protection Agency.
A county, municipality, or board of health may not adopt or enforce an ordinance, rule, or regulation that is inconsistent with this title or any rule or regulation adopted under this title.
This title does not limit the power of a county, a municipality, or a board of health to adopt ordinances, rules, or regulations that are consistent with this title and the rules and regulations adopted under this title.
On behalf of this State, the Governor may make agreements with the federal government for the federal government to discontinue certain of its responsibilities with respect to sources of radiation and for this State to assume the discontinued responsibilities.