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Session of 2025
SENATE BILL No. 171
By Committee on Utilities
2-3
AN ACT concerning the department of health and environment; relating to
radiation protection and control; authorizing the secretary of health and
environment to license nuclear fusion systems; establishing such
licensure fee; authorizing the secretary to impose late fees for any
expired radiation protection and control license; amending K.S.A. 2024
Supp. 48-1603 and 48-1606 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 48-1603 is hereby amended to read as
follows: 48-1603. As used in this act:
(a) "By-product material" means: (1) 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;
(2) the tailings or wastes produced by the extraction or concentration
of uranium or thorium from any ore processed primarily for its source
material content;
(3) (A) any discrete source of radium-226 that is produced, extracted
or converted after extraction for use for a commercial, medical or research
activity; or
(B) any material that:
(i) Has been made radioactive by use of a particle accelerator; and
(ii) is produced, extracted or converted after extraction for use for a
commercial, medical or research activity; or
(4) any discrete source of naturally occurring radioactive material,
other than source material, that:
(A) The secretary declares by order would pose a threat to the public
health and safety or the common defense and security similar to the threat
posed by a discrete source of radium-226 after the United States nuclear
regulatory commission, or any successor thereto, determines the same; and
(B) is extracted or converted after extraction for use in a commercial,
medical or research activity.
(b) "Department" means the Kansas department of health and
environment.
(c) "Civil penalty" means any monetary penalty levied on a licensee
or registrant because of violations of statutes, regulations, licenses or
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registration certificates, but does not include criminal penalties.
(d) "Closure" or "site closure" means all activities performed at a
waste disposal site, such as stabilization and contouring, to assure that the
site is in a stable condition so that only minor custodial care, surveillance
and monitoring are necessary at the site following termination of licensed
operation.
(e) "Decommissioning" means final operational activities at a facility
to dismantle site structures, to decontaminate site surfaces and remaining
structures, to stabilize and contain residual radioactive material and to
carry out any other activities to prepare the site for postoperational care.
(f) "Disposal of low-level radioactive waste" means the isolation of
such waste from the biosphere.
(g) "Electronic product" means any manufactured or assembled:
(1) Product which, when in operation, contains or acts as part of an
electronic circuit and emits, or in the absence of effective shielding or
other controls would emit, electronic product radiation; or
(2) article which that is intended for use as a component part, or
accessory of a product described in this subsection and which that in
operation emits, or in the absence of effective shielding or other controls
would emit, such radiation.
(h) "Electronic product radiation" means any ionizing or nonionizing,
electromagnetic or particulate radiation, or any sonic, infrasonic, or
ultrasonic wave, which that is emitted from an electronic product as the
result of the operation of an electronic circuit in such product.
(i) "General license" means a license effective pursuant to rules and
regulations promulgated by the secretary of health and environment,
without the filing of an application to transfer, acquire, own, possess or use
quantities of, or devices or equipment utilizing by-product, source, special
nuclear materials, or other radioactive material occurring naturally or
produced artificially.
(j) "High-level radioactive waste" means:
(1) Irradiated reactor fuel;
(2) liquid wastes resulting from the operation of the first cycle solvent
extraction system, or equivalent, and the concentrated wastes from
subsequent extraction cycles, or equivalent, in a facility for uranium
processing irradiated reactor fuel; and
(3) solids into which such liquid wastes have been converted.
(k) "Low-level radioactive waste" means radioactive waste not
classified as:
(1) NORM waste or TENORM waste at concentrations and from
sources established in rules and regulations adopted by the secretary on or
before July 1, 2016;
(2) high-level radioactive waste;
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(3) transuranic waste;
(4) spent nuclear fuel; or
(5) by-product material as defined in subsection (a)(2).
(l) "Person" means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group, agency,
political subdivision of this state, or any other state or political subdivision
or agency thereof, and any legal successor, representative, agency, or
agency of the foregoing , other than. "Person" does not include the United
States nuclear regulatory commission , or any successor thereto , and other
than or any federal government agencies agency licensed by the United
States nuclear regulatory commission, or any successor thereto.
(m) "Radiation" means:
(1) Ionizing radiation including gamma rays, X-rays, alpha particles,
beta particles, and including neutrons;
(2) any electromagnetic radiation other than ionizing radiation which
that is generated during the operation of an electronic product; or
(3) any sonic, ultrasonic , or infrasonic wave which that is emitted
from an electronic product as a result of the operation of an electronic
circuit in such product.
(n) "Radioactive material" means any material, solid, liquid or gas,
which that emits ionizing radiation spontaneously. It "Radioactive
material" includes accelerator produced, by-product, naturally occurring,
source and special nuclear materials.
(o) "Secretary" means the secretary of the Kansas department of
health and environment.
(p) "Source material" means:
(1) Uranium, thorium or any other material which that the secretary
declares by order 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 secretary declares by order 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.
(q) "Source material mill tailings" means the tailings or waste
produced by the extraction or concentration of uranium or thorium from
any ore processed primarily for its source material content, including
discrete surface wastes resulting from underground solution extraction
processes but not including underground ore bodies depleted by such
solution extraction process.
(r) "Source material milling" means any processing of ore, including
underground solution extraction of unmined ore, primarily for the purpose
of extracting or concentrating uranium or thorium therefrom and which
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that results in the production of source material mill tailings.
(s) "Sources of radiation" means, collectively, radioactive material
and radiation generating equipment.
(t) "Special nuclear material" means:
(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or
in the isotope 235, and any other material which that the secretary declares
by order 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.
(u) "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 by-product, source, special nuclear
materials, or other radioactive material occurring naturally or produced
artificially.
(v) "Spent nuclear fuel" means irradiated nuclear fuel that has
undergone at least one year's decay since being used as a source of energy
in a power reactor. "Spent nuclear fuel" includes the special nuclear
material, by-product material, source material and other radioactive
material associated with fuel assemblies.
(w) "Transuranic waste" means radioactive waste containing alpha
emitting transuranic elements, with radioactive half-lives greater than five
years, in excess of 10 nanocuries per gram.
(x) "Naturally occurring radioactive material" or "NORM" means any
nuclide that is radioactive in the nuclide's natural physical state. "NORM"
does not include accelerator produced, by-product, source or special
nuclear material.
(y) "NORM waste" means solid waste as defined in K.S.A. 65-3402,
and amendments thereto, that is contaminated with NORM.
(z) "Technologically enhanced NORM" or "TENORM" means
NORM whose radionuclide concentrations are increased by or as a result
of past or present human practices. "TENORM" does not include
accelerator produced, by-product, source or special nuclear material.
(aa) "TENORM waste" means solid waste as defined in K.S.A. 65-
3402, and amendments thereto, that is contaminated with TENORM.
(bb) "Fusion system" means a system that, through use of byproduct
material or production of byproduct material, induces fusion reactions.
"Fusion system" includes particle accelerators that induce fusion
reactions and any radiation, radioactive material and supporting
structures, systems and components that are used to contain, process or
control radiation and radioactive materials used in or resulting from
fusion reactions.
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Sec. 2. K.S.A. 2024 Supp. 48-1606 is hereby amended to read as
follows: 48-1606. (a) The secretary of health and environment shall be
responsible for state radiation control.
(b) The secretary, for the protection of the public health and safety,
shall develop programs for evaluation of hazards associated with use of
sources of radiation.
(c) The secretary may:
(1) Advise, consult and cooperate with other agencies of the state, the
federal government, other states and interstate agencies, political
subdivisions and with groups concerned with control of sources of
radiation;
(2) accept and administer grants or gifts, conditional or otherwise, in
furtherance of its functions, from the federal government and from other
sources, public or private;
(3) collect and disseminate information relating to control of sources
of radiation;
(4) encourage, participate in, or conduct studies, investigations,
training, research and demonstrations relating to control of sources of
radiation;
(5) in accordance with the laws of the state, employ, compensate and
prescribe the powers and duties of such individuals as may be necessary to
carry out the responsibilities set forth herein;
(6) institute training programs for the purpose of qualifying personnel
to carry out the provisions of this act, and make 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 act;
(7) fix, charge and collect fees for licenses and registrations, and
renewals thereof, issued under the nuclear energy development and
radiation control act to cover all or any part of the cost of administering
such act; and
(8) receive any moneys in the form of grants, gifts, licensing or
registration fees, or as paid under an agreement with the secretary or as
reimbursement for remedial action costs.
(d) Subject to the following limitations, the secretary may assess a fee
for the following categories of radiation protection services:
Fee Category:
1. Special nuclear material
A. Licenses for possession and use of special nuclear material in
sealed sources contained in devices used in industrial
measuring systems
Maximum annual fee.......................................................... $950
B. Any licenses not otherwise specified in this table for
possession and use of special nuclear material, except licenses
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authorizing special nuclear material in unsealed form in
combination that would constitute a critical mass
Maximum annual fee....................................................... $2,250
2. Source material
A. Licenses that authorize only the possession, use and/or
installation of source material for shielding
Maximum annual fee.......................................................... $365
B. All other source material licenses not otherwise specified in
this table
Maximum annual fee....................................................... $5,700
3. Radioactive or byproduct material
A. Licenses of broad scope for possession and use of radioactive
or byproduct material issued for processing or manufacturing
of items containing radioactive or byproduct material for
commercial distribution
Maximum annual fee..................................................... $10,900
B. Other licenses for possession and use of radioactive or
byproduct material issued for processing or manufacturing of
items containing radioactive or byproduct material for
commercial distribution
Maximum annual fee....................................................... $3,300
C. Licenses authorizing the processing or manufacturing and
distribution or redistribution of radiopharmaceuticals,
generators, reagent kits and/or sources and devices containing
radioactive or byproduct material. This category also includes
the possession and use of source material for shielding when
included on the same license
Maximum annual fee....................................................... $5,450
D. Licenses and approvals authorizing distribution or
redistribution of radiopharmaceuticals, generators, reagent kits
and/or sources or devices not involving processing of
radioactive or byproduct material. This category also includes
the possession and use of source material for shielding when
included on the same license
Maximum annual fee....................................................... $2,350
E. Licenses for possession and use of radioactive or byproduct
material in sealed sources for irradiation of materials in which
the source is not removed from its shield (self-shielded units)
Maximum annual fee....................................................... $1,800
F. Licenses for possession and use of less than 10,000 curies of
radioactive or byproduct material in sealed sources for
irradiation of materials in which the source is exposed for
irradiation purposes. This category also includes underwater
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irradiators for irradiation of materials in which the source is
not exposed for irradiation purposes
Maximum annual fee....................................................... $3,300
G. Licenses for possession and use of 10,000 curies or more of
radioactive or byproduct material in sealed sources for
irradiation of materials in which the source is exposed for
irradiation purposes. This category also includes underwater
irradiators for irradiation of materials in which the source is
not exposed for irradiation purposes
Maximum annual fee..................................................... $12,050
H. Licenses issued to distribute items containing radioactive or
byproduct material that require device review to persons
exempt from licensing, except specific licenses authorizing
redistribution of items that have been authorized for
distribution to persons exempt from licensing
Maximum annual fee....................................................... $3,000
I. Licenses issued to distribute items containing radioactive or
byproduct material or quantities of radioactive or byproduct
material that do not require device review to persons exempt
from licensing, except for specific licenses authorizing
redistribution of items that have been authorized for
distribution to persons exempt from licensing
Maximum annual fee....................................................... $3,050
J. Licenses issued to distribute items containing radioactive or
byproduct material that require sealed source and/or device
review to persons generally licensed, except specific licenses
authorizing redistribution of items that have been authorized
for distribution to persons generally licensed
Maximum annual fee....................................................... $1,100
K. Licenses issued to distribute items containing radioactive or
byproduct material or quantities of radioactive or byproduct
material that do not require sealed source and/or device review
to persons generally licensed, except specific licenses
authorizing redistribution of items that have been authorized
for distribution to persons generally licensed
Maximum annual fee.......................................................... $700
L. Licenses of broad scope for possession and use of radioactive
or byproduct material issued for research and development that
do not authorize commercial distribution
Maximum annual fee....................................................... $5,900
M. Other licenses for possession and use of radioactive or
byproduct material issued for research and development that
do not authorize commercial distribution
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Maximum annual fee....................................................... $2,800
N. Licenses that authorize services for other licensees, except (1)
Licenses that authorize only calibration and/or leak testing
services are subject to the fees specified in fee category 3P;
and (2) licenses that authorize waste disposal services are
subject to the fees specified in fee categories 4A, 4B and 4C
Maximum annual fee....................................................... $3,050
O. Licenses for possession and use of radioactive or byproduct
material for industrial radiography operations. This category
also includes the possession and use of source material for
shielding when authorized on the same license
Maximum annual fee....................................................... $6,100
P. All other specific radioactive or byproduct material licenses
not otherwise specified in this table
Maximum annual fee....................................................... $1,250
Q. Registration of generally licensed devices or sources
Maximum annual fee.......................................................... $225
4. Waste disposal and processing
A. Licenses authorizing the possession and use of waste
radioactive, by-product, source or special nuclear material for a
commercial low-level radioactive waste disposal facility.
Maximum annual fee.................................................... Full cost
i. Amendment to license concerning safety and environmental
questions
Maximum amendment fee.........................................Full cost
ii. Amendment to license concerning administration questions
(no safety or environment questions)
Maximum amendment fee.........................................Full cost
B. Licenses specifically authorizing the receipt of waste
radioactive or byproduct material, source material or special
nuclear material from other persons for the purpose of
packaging or repackaging the material. The licensee will
dispose of the material by transfer to another person authorized
to receive or dispose of the material
Maximum annual fee....................................................... $5,150
C. Licenses specifically authorizing the receipt of prepackaged
waste radioactive or byproduct material, source material or
special nuclear material from other persons. The licensee will
dispose of the material by transfer to another person authorized
to receive or dispose of the material
Maximum annual fee....................................................... $3,700
5. Well logging
A. Licenses for possession and use of radioactive or byproduct
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material, source material and/or special nuclear material for
well logging, well surveys and tracer studies other than field
flooding tracer studies
Maximum annual fee....................................................... $2,350
B. Licenses for possession and use of radioactive or byproduct
material for field flooding tracer studies
Maximum annual fee....................................................... $2,350
6. Nuclear laundries
A. Licenses for commercial collection and laundry of items
contaminated with radioactive or byproduct material, source
material or special nuclear material
Maximum annual fee..................................................... $11,550
7. Medical licenses
A. Licenses issued for human use of radioactive or byproduct
material, source material or special nuclear material in sealed
sources contained in teletherapy devices. This category also
includes the possession and use of source material for shielding
when authorized on the same license
Maximum annual fee....................................................... $5,500
B. Licenses of broad scope issued to medical institutions or two
or more physicians authorizing research and development,
including human use of radioactive or byproduct material
except licenses for radioactive or byproduct material, source
material or special nuclear material in sealed sources contained
in teletherapy devices. This category also includes the
possession and use of source material for shielding when
authorized on the same license. Separate annual fees will not
be assessed for pacemaker licenses issued to medical
institutions who also hold nuclear medicine licenses under
categories 7B or 7C
Maximum annual fee..................................................... $12,350
C. Other license issued for human use of radioactive or byproduct
material, source material and/or special nuclear material except
licenses for radioactive or byproduct material, source material
or special nuclear material in sealed sources contained in
teletherapy devices. This category also includes the possession
and use of source material for shielding when authorized on
the same license. Separate annual fees will not be assessed for
pacemaker licenses issued to medical institutions who also
hold nuclear medicine licenses under categories 7B or 7C
Maximum annual fee....................................................... $2,300
8. Civil defense
A. Licenses for possession and use of radioactive or byproduct
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material, source material or special nuclear material for civil
defense activities
Maximum annual fee.......................................................... $650
9. Device, product or sealed source safety evaluation
A. Safety evaluation review of devices or products containing
radioactive or byproduct material, source material or special
nuclear material, except reactor fuel devices, for commercial
distribution. This fee shall apply to each device or product
Maximum annual fee....................................................... $3,500
B. Safety evaluation review of devices or products containing
radioactive or byproduct material, source material or special
nuclear material manufactured in accordance with the unique
specifications of, and for use by, a single applicant, except
reactor fuel devices. This fee shall apply to each device or
product
Maximum annual fee....................................................... $3,500
C. Safety evaluation of sealed sources containing radioactive or
byproduct material, source material or special nuclear material,
except reactor fuel, for commercial distribution. This fee shall
apply to each device or product
Maximum annual fee....................................................... $1,100
D. Registrations issued for the safety evaluation of sealed sources
containing radioactive or byproduct material, source material
or special nuclear material, manufactured in accordance with
the unique specifications of, and for use by, a single applicant.
This fee shall apply to each device or product
Maximum annual fee.......................................................... $365
10. Special projects
A. Hourly rate for radiation control program activities for which
there is not an established fee category or for radiation
protection services provided to nonlicensees and nonregistrants
Maximum hourly rate........................................................... $79
11. Reciprocity
A. Licensees who conduct activities under a reciprocal agreement
Maximum annual fee.......................................................... $750
B. Registrants who conduct activities under a reciprocal
agreement
Maximum annual fee.......................................................... $200
12. X-ray machines
A. Base registration fee per facility
Maximum annual fee.......................................................... $200
B. Registration fee for each x-ray tube at a facility. This fee is in
addition to the base registration fee
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Maximum annual fee per x-ray tube.....................................$50
13. Accelerators
A. Particle accelerators
Maximum annual fee.......................................................... $300
14. New license and registration applications
A. New license and registration applications. Equal to annual fee
of applicable category
15. Fusion system
A. Licenses that authorize only the possession, use
or installation of a fusion system
Maximum annual fee .................................................... $40,000
For licenses or registrations that authorize more than one activity, an
annual fee shall be assessed for each of the applicable categories.
(e) (1) An additional fee up to 50% of the maximum annual fee shall
be assessed for each noncontiguous site where radioactive material is
stored or used under the same license, per category.
(2) As used in this subsection, "noncontiguous site" means a location
more than one mile away from the main safety office where licensure
records are maintained.
(f) The secretary may assess a late fee for any license or registration
that is not timely renewed. Such late fee may be assessed as follows:
(1) For any license or registration that is renewed one to 30 days
after the expiration date of a license or registration, the secretary may
assess a maximum late fee in an amount not to exceed 25% of the annual
license or registration fee; and
(2) for any license or registration that is renewed 31 days or more
after the expiration date of a license or registration, the secretary may
assess a maximum late fee in an amount not to exceed 50% of the annual
license or registration fee.
(g) The secretary shall adopt rules and regulations fixing the fees for
the radiation protection services provided under this act and shall
periodically increase or decrease such fees consistent with the need to
cover all or any part of the cost of administering such act.
Sec. 3. K.S.A. 2024 Supp. 48-1603 and 48-1606 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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