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General Assembly Substitute Bill No. 6499
January Session, 2021
AN ACT CONCERNING RA DIATION SECURITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-151 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
As used in sections 22a-151 to 22a-158, inclusive: 3
(1) "By-product material" [means radioactive material as defined in 4
Section 11e of Public Law 85-256 (Act of September 2, 1957) and Public 5
Law 89-645 (Act of October 13, 1966), as amended or as interpreted or 6
modified by duly promulgated regulations of the United States Atomic 7
Energy Commission pursuant thereto] has the same meaning as 8
provided in 42 USC 2014, as amended from time to time; 9
(2) "Ionizing radiation" means gamma rays and x-rays, alpha and beta 10
particles, high speed electrons, neutrons, protons and other nuclear 11
particles, but not sound or radio waves, or visible, infrared or ultra 12
violet light. The Commissioner of Energy and Environmental Protection 13
shall be empowered to make regulations amending or modifying this 14
definition; 15
(3) "General license" means a license effective pursuant to regulations 16
promulgated by the Commissioner of Energy and Environmental 17 Substitute Bill No. 6499
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Protection without the filing of an application for, or issuance of a 18
licensing document for, the transfer, transport, acquisition, ownership, 19
possession or use of quantities of, or devices or equipment utilizing by-20
product, source, special nuclear materials or other radioactive material 21
occurring naturally or produced artificially; 22
(4) "Specific license" means a license, issued after application, to use, 23
manufacture, produce, transfer, transport, receive, acquire, own, or 24
possess quantities of, or devices or equipment utilizing by-product, 25
source, special nuclear materials or other radioactive material occurring 26
naturally or produced artificially; 27
(5) "Person" means any individual, corporation, limited liability 28
company, partnership, firm, association, trust, estate, public or private 29
institution, group, agency, political subdivision of this state, any other 30
state or political subdivision or agency thereof, and any legal successor, 31
representative, agent or agency of any of the foregoing, other than the 32
United States [Atomic Energy] Nuclear Regulatory Commission or any 33
successor thereto, and other than agencies of the government of the 34
United States licensed by the United States [Atomic Energy] Nuclear 35
Regulatory Commission or any successor thereto; 36
(6) "Registration" means registration in conformance with the 37
requirements of section 22a-148, as amended by this act. The issuance of 38
a specific license pursuant to sections 22a-151 to 22a-158, inclusive, shall 39
be deemed to satisfy fully any registration requirements set forth in said 40
section; 41
(7) "Source material" [means material as defined in Section 11z of 42
Public Law 85-256 (Act of September 2, 1957) and Public Law 89-645 43
(Act of October 13, 1966), as amended or as interpreted or modified by 44
duly promulgated regulations of the United States Atomic Energy 45
Commission pursuant thereto] has the same meaning as provided in 42 46
USC 2014, as amended from time to time; 47
(8) "Special nuclear material" [means material as defined in Section 48 Substitute Bill No. 6499
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11aa of Public Law 85-256 (Act of September 2, 1957) and Public Law 89-49
645 (Act of October 13, 1966), as amended or as interpreted or modified 50
by duly promulgated regulations of the United States Atomic Energy 51
Commission pursuant thereto.] has the same meaning as provided in 52
section 42 USC 2014, as amended from time to time; 53
(9) "Radioactive materials" means any solid, liquid or gas that emits 54
ionizing radiation spontaneously; 55
(10) "Commissioner" means the Commissioner of Energy and 56
Environmental Protection or the commissioner's designee or agent. 57
Sec. 2. Section 22a-153 of the general statutes is repealed and the 58
following is substituted in lieu thereof (Effective October 1, 2021): 59
(a) The Commissioner of Energy and Environmental Protection shall 60
supervise and regulate in the interest of the public health and safety the 61
use of ionizing radiation within the state. 62
(b) Said commissioner may employ, subject to the provisions of 63
chapter 67, and prescribe the powers and duties of such persons as may 64
be necessary to carry out the provisions of sections 22a-151 to 22a-158, 65
inclusive, as amended by this act. 66
(c) Said commissioner shall [make such regulations as may be 67
necessary to carry out the provisions of said sections] adopt regulations, 68
in accordance with the provisions of chapter 54, concerning sources of 69
ionizing radiation and radioactive materials, including, but not limited 70
to, regulations: 71
(1) Necessary to secure agreement state status from the United States 72
Nuclear Regulatory Commission pursuant to section 274 of the Atomic 73
Energy Act of 1954, 42 USC 2021, as amended from time to time; 74
(2) Relating to the construction, operation, control, tracking, security 75
or decommissioning of sources of ionizing radiation, including, but not 76
limited to, any modification or alteration of such sources; 77 Substitute Bill No. 6499
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(3) Relating to the production, transportation, use, storage, 78
possession, management, treatment, disposal or remediation of 79
radioactive materials; 80
(4) Relating to planning for and responding to terrorist or other 81
emergency events, or the potential for such events, that involve or may 82
include radioactive materials; 83
(5) Necessary to carry out the provisions of sections 22a-151 to 22a-84
158, inclusive, as amended by this act; 85
(6) Establishing fees for the licensure of sources of ionizing radiation, 86
that, in conjunction with the fees collected pursuant to section 22a-148, 87
as amended by this act, shall be sufficient for the administration, 88
implementation and enforcement of an ionizing radiation program; and 89
(7) To reciprocate in the recognition of specific licenses issued by the 90
United States Nuclear Regulatory Commission (NRC) or another state 91
that has reached agreement with the NRC pursuant to 42 USC 2021(b), 92
as amended from time to time. 93
(d) The Governor, or the commissioner, is authorized to employ such 94
consultants, experts and technicians as [he shall deem] are necessary for 95
the purpose of conducting investigations and reporting [to him] on 96
matters connected with the implementation of the provisions of [said] 97
sections 22a-148 to 22a-158, inclusive, as amended by this act. 98
(e) Any fees collected in accordance with section 22a-148, as amended 99
by this act, or 22a-150, or any regulations adopted pursuant to 100
subsection (c) of this section, shall be deposited in the General Fund. 101
(f) The commissioner may establish radiation exposure guidelines for 102
emergency responders and the public for the management of 103
emergencies involving radioactive materials. Any such guidelines may 104
be based upon the recommendations of the federal government and the 105
National Council on Radiation Protection and Measurements. 106 Substitute Bill No. 6499
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Sec. 3. Subsection (a) of section 22a-154 of the general statutes is 107
repealed and the following is substituted in lieu thereof (Effective October 108
1, 2021): 109
(a) The Commissioner of Energy and Environmental Protection [may 110
provide by regulation for] shall adopt regulations, in accordance with 111
the provisions of chapter 54, for the general or specific licensing of [by-112
product, source, special nuclear materials and other] sources of ionizing 113
radiation. [, or devices or equipment utilizing such materials, and for 114
amendment, suspension, or revocation of licenses issued pursuant 115
thereto] The commissioner may issue, deny, renew, modify, suspend or 116
revoke such licenses and may include such terms and conditions in such 117
licenses that the commissioner deems necessary. 118
Sec. 4. Section 22a-157 of the general statutes is repealed and the 119
following is substituted in lieu thereof (Effective October 1, 2021): 120
No person shall construct, operate, use, manufacture, produce, 121
transport, transfer, receive, acquire, decommission, own or possess any 122
source of ionizing radiation, unless [exempt, licensed or registered in 123
accordance with the provisions of sections 22a-148 to 22a-158, inclusive] 124
such activity is in compliance with all requirements of this chapter, 125
including any regulation adopted, or registration or license issued 126
pursuant to this chapter. No person shall produce, transport, store, 127
possess, manage, treat, remediate, distribute, sell, install, repair or 128
dispose of any radioactive materials, unless such activity is in 129
compliance with all requirements of this chapter, including any 130
regulation adopted, or registration or license issued pursuant to this 131
chapter. No person shall fail to register a source of ionizing radiation 132
required to be registered under this chapter, including as required by 133
any regulation adopted, or registration or license issued pursuant to this 134
chapter. 135
Sec. 5. (NEW) (Effective October 1, 2021) (a) The Commissioner of 136
Energy and Environmental Protection may take steps that the 137
commissioner deems necessary to protect human health and the 138 Substitute Bill No. 6499
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environment, including, but not limited to, investigating, monitoring, 139
abating, containing, mitigating or removing any hazard, potential 140
hazard, pollution, contamination or potential pollution or 141
contamination if: (1) Any person causes or is responsible for any 142
exposure hazard or potential exposure hazard from radioactive 143
materials, radioactive waste or a source of ionizing radiation, or causes 144
or is responsible for pollution, contamination or potential pollution or 145
contamination of any land, water, air or other natural resource of the 146
state through a discharge, spillage, uncontrolled loss, release, leakage, 147
seepage or filtration of radioactive material or radioactive waste, and 148
does not act immediately to prevent, abate, contain, mitigate or remove 149
such hazard, potential hazard, pollution, contamination, or potential 150
pollution or contamination, to the satisfaction of the commissioner, or 151
(2) the person responsible is unknown, and such hazard, potential 152
hazard, pollution, contamination, or potential pollution or 153
contamination, is not being prevented, abated, contained, mitigated or 154
removed by the federal government, any state agency, any municipality 155
or any regional or interstate authority. The commissioner may enter into 156
a contract with any person for the purpose of carrying out the provisions 157
of this subsection. 158
(b) Any person who causes or is responsible for any exposure hazard 159
or potential exposure hazard from radioactive materials, radioactive 160
waste or a source of ionizing radiation or who causes or is responsible 161
for pollution, contamination, or potential pollution or contamination of 162
any land, water, air or other natural resource of the state through a 163
discharge, spillage, uncontrolled loss, release, leakage, seepage or 164
filtration of radioactive material or radioactive waste shall be liable for 165
all costs and expenses incurred by the commissioner in accordance with 166
subsection (a) of this section, including all costs and expenses to restore 167
the air, water, land and other natural resources of the state, and shall be 168
liable for all attorneys' fees, court costs and any other legal expenses 169
incurred by the state regarding the recovery of such costs. Nothing in 170
this subsection shall preclude the commissioner from seeking additional 171
compensation or such other relief that a court may award, including 172 Substitute Bill No. 6499
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punitive damages. When such hazard, potential hazard, pollution, 173
contamination or potential pollution or contamination results from the 174
action or inaction of more than one person, each person shall be held 175
jointly and severally liable for such costs. Upon request of the 176
commissioner, the Attorney General shall bring a civil action to recover 177
all such costs and expenses from the person who caused or is 178
responsible for any such hazard, potential hazard, pollution, 179
contamination or potential pollution or contamination. 180
(c) Any person who prevents, abates, contains, removes or mitigates 181
any (1) exposure hazard or potential exposure hazard from radioactive 182
materials, radioactive waste or a source of ionizing radiation that is not 183
authorized by a provision of the general statutes, any regulation, 184
registration or license, or (2) any pollution or contamination or potential 185
pollution or contamination of any land, water, air or other natural 186
resources of the state through a discharge, spillage, uncontrolled loss, 187
release, leakage, seepage or filtration of radioactive material or 188
radioactive waste that is not authorized by a provision of the general 189
statutes, any regulation, registration or license, shall be entitled to 190
reimbursement of the reasonable costs incurred or expended for such 191
abatement, containment, removal or mitigation from any person whose 192
negligent, reckless, knowing or intentional action or inaction caused 193
such hazard, potential hazard, pollution, contamination or potential 194
pollution or contamination. When such hazard, potential hazard, 195
pollution, contamination or potential pollution or contamination results 196
from the action or inaction of more than one person, each such person 197
shall be held jointly and severally liable for such costs. 198
(d) Whenever the commissioner incurs contractual obligations in 199
carrying out the authority vested in the commissioner pursuant to 200
subsection (a) of this section and the person who causes or is responsible 201
for the hazard, potential hazard, pollution, contamination or potential 202
pollution or contamination does not assume the tasks and 203
responsibilities that are the subject of such contractual obligations, the 204
commissioner shall request the Attorney General to bring a civil action, 205 Substitute Bill No. 6499
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pursuant to subsection (b) of this section, to recover the costs and 206
expenses of such contractual obligations and other costs and expenses 207
provided for in subsection (b) of this section. If the person responsible 208
is unknown, the commissioner shall request the federal government to 209
assume such contractual obligations to the extent provided for by 210
federal law. 211
Sec. 6. Subsection (a) of section 22a-6a of the general statutes is 212
repealed and the following is substituted in lieu thereof (Effective October 213
1, 2021): 214
(a) Any person who knowingly or negligently violates any provision 215
of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 216
15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6 or 22a-7, chapter 440, 217
chapter 441, section 22a-69 or 22a-74, subsection (b) of section 22a-134p, 218
sections 22a-148 to 22a-150, inclusive, as amended by this act, section 219
22a-153, as amended by this act, 22a-154, as amended by this act, section 220
22a-157, as amended by this act, section 22a-158, section 22a-162, 22a-221
171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-222
190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-225, 22a-231, 22a-223
336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-358, 22a-359, 22a-224
361, 22a-362, 22a-365 to 22a-379, inclusive, 22a-401 to 22a-411, inclusive, 225
22a-416, 22a-417, 22a-424 to 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 226
22a-451, 22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or any regulation, 227
order or permit adopted or issued thereunder by the Commissioner of 228
Energy and Environmental Protection shall be liable to the state for the 229
reasonable costs and expenses of the state in detecting, investigating, 230
controlling and abating such violation. Such person shall also be liable 231
to the state for the reasonable costs and expenses of the state in restoring 232
the air, waters, lands and other natural resources of the state, including 233
plant, wild animal and aquatic life to their former condition insofar as 234
practicable and reasonable, or, if restoration is not practicable or 235
reasonable, for any damage, temporary or permanent, caused by such 236
violation to the air, waters, lands or other natural resources of the state, 237
including plant, wild animal and aquatic life and to the public trust 238 Substitute Bill No. 6499
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therein. Institution of a suit to recover for such damage, costs and 239
expenses shall not preclude the application of any other remedies. 240
Sec. 7. Section 16a-101 of the general statutes is repealed and the 241
following is substituted in lieu thereof (Effective October 1, 2021): 242
As used in this chapter: 243
(1) "Atomic energy" [means all forms of energy released in the course 244
of nuclear fission or nuclear transformation] has the same meaning as 245
provided in 42 USC 2014, as amended from time to time; 246
(2) "By-product material" [means any radioactive materials, except 247
special nuclear materials, yielded in or made radioactive by exposure to 248
the radiation incident to the process of producing or utilizing special 249
nuclear materials] has the same meaning as provided in 42 USC 2014, as 250
amended from time to time; 251
(3) "Production facility" [means (A) any equipment or device capable 252
of the production of special nuclear material in such quantity as to be of 253
significance to the common defense and security, or in such manner as 254
to affect the health and safety of the public; or (B) any important 255
component part especially designed for such equipment or device] has 256
the same meaning as provided in 42 USC 2014, as amended from time 257
to time; 258
(4) "Special nuclear material" [means (A) plutonium and uranium 259
enriched in the isotope 233 or in the isotope 235, and any other material 260
which the Governor declares by order to be special nuclear material 261
after the United States Atomic Energy Commission has determined the 262
material to be such; or (B) any material artificially enriched by any of the 263
foregoing] has the same meaning as provided in 42 USC 2014, as 264
amended from time to time; 265
(5) "Utilization facility" [means (A) any equipment or device, except 266
an atomic weapon, capable of making use of special nuclear materials 267
in such quantity as to be of significance to the common defense and 268 Substitute Bill No. 6499
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security, or in such manner as to affect the health and safety of the 269
public, or peculiarly adapted for making use of atomic energy in such 270
quantity as to be of significance to the common defense and security, or 271
in such manner as to affect the health and safety of the public; or (B) any 272
important component part especially designed for such equipment or 273
device.] has the same meaning as provided in 42 USC 2014, as amended 274
from time to time; 275
(6) "Radioactive material" has the same meaning as provided in 42 276
USC 2014, as amended from time to time; 277
(7) "Source material" has the same meaning as provided in 42 USC 278
2014, as amended from time to time. 279
Sec. 8. Subsection (b) of section 22a-148 of the general statutes is 280
repealed and the following is substituted in lieu thereof (Effective October 281
1, 2021): 282
(b) No person, firm, corporation, town, city or borough shall operate 283
or cause to be operated any source of ionizing radiation or shall 284
produce, transport, store, possess or dispose of radioactive materials 285
except under conditions which comply with regulations or with orders 286
imposed by the Commissioner of Energy and Environmental Protection 287
for the protection of the public health and preservation of the 288
environment. Such regulations or orders shall be based [to the extent 289
deemed practicable by said department] on the regulations of the 290
United States [Atomic Energy] Nuclear Regulatory Commission, issued 291
under authority granted to said commission by the Atomic Energy Act 292
of 1954, [and entitled "Standards for Protection against Radiation" or, if 293
such regulations should be deemed inappropriate by the Commissioner 294
of Energy and Environmental Protection, on the latest 295
recommendations of the National Committee on Radiation, as 296
published by the United States Department of Commerce, National 297
Bureau of Standards] as codified in 42 USC 2014, as amended from time 298
to time. No regulation pertaining to radiation sources and radioactive 299
materials proposed to be issued by the commissioner shall become 300 Substitute Bill No. 6499
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effective until thirty days after it has been submitted to the Coordinator 301
of Atomic Development Activities unless, upon a finding of emergency 302
need, the governor by order waives all or any part of said thirty-day 303
period. In no case shall any source of ionizing radiation be utilized 304
otherwise than at the lowest practical level consistent with the best use 305
of the radiation facilities or radioactive materials involved. 306
Sec. 9. Section 22a-152 of the general statutes is repealed and the 307
following is substituted in lieu thereof (Effective October 1, 2021): 308
The Governor, on behalf of this state, is authorized to enter into 309
agreements with the government of the United States providing for 310
[discontinuance] relinquishment of certain of the programs of the 311
government of the United States with respect to sources of ionizing 312
radiation and the assumption thereof by this state, as provided for in the 313
Atomic Energy Act of 1954, as amended. 314
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 22a-151
Sec. 2 October 1, 2021 22a-153
Sec. 3 October 1, 2021 22a-154(a)
Sec. 4 October 1, 2021 22a-157
Sec. 5 October 1, 2021 New section
Sec. 6 October 1, 2021 22a-6a(a)
Sec. 7 October 1, 2021 16a-101
Sec. 8 October 1, 2021 22a-148(b)
Sec. 9 October 1, 2021 22a-152
ENV Joint Favorable Subst.
FIN Joint Favorable