Bill Text: CA AB452 | 2013-2014 | Regular Session | Amended
Bill Title: Radioactive materials: federal regulation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB452 Detail]
Download: California-2013-AB452-Amended.html
BILL NUMBER: AB 452 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 12, 2013
INTRODUCED BY Assembly Member Brown
FEBRUARY 19, 2013
An act to amend Section 1505 of the Health and Safety
Code, relating to community care facilities. Sections
114975, 114985, 115000.1, 115060, 115061, and 115080 of, and to add
Section 114986 to, the Health and Safety Code, relating to
radioactive materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 452, as amended, Brown. Community care facilities:
exceptions. Radioactive materials: federal regulation.
(1) The Radiation Control Law requires the State Department of
Public Health to regulate the use and control of radiologic
materials. A violation of the Radiation Control Law, or a regulation
adopted pursuant to that law, is a misdemeanor. The federal Atomic
Energy Act of 1954, as amended, authorizes the Nuclear Regulatory
Commission to enter into agreements with the governor of a state
providing for discontinuance of certain regulatory authority of the
commission with respect to byproduct materials, source materials, and
special nuclear materials in quantities not sufficient to form a
critical mass.
This bill would provide that with certain exceptions the
regulations, adopted by the Nuclear Regulatory Commission in effect
on January 1, 2014, are deemed to be the regulations of this state
and adopted pursuant to the Radiation Control Law, if the
regulations, among other things, are required by federal law or
regulation to be adopted by an agreement state in an essentially
identical manner. The bill would provide for the adoption of future
federal regulations, including amendment thereto, if the department
finds the regulations meet that criteria. The bill would require the
department to adopt regulations that it determines are necessary for
the administration and enforcement of the adopted federal
regulations. The bill would also prohibit the department from
adopting regulations that are determined by the Nuclear Regulatory
Commission, or its successor, to address areas of regulation that
cannot be relinquished to agreement states.
The bill would also make conforming changes and delete obsolete
provisions and erroneous references.
Since a violation of the regulations adopted pursuant to the law
is a crime, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires a license issued by the State Department of
Health Care Services to operate a community care facility. Existing
law defines "community care facility" as any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children.
Existing law exempts certain entities from regulation as community
care facilities.
This bill would exempt overnight shelters for unaccompanied youth
or homeless youth, as defined, from the provisions regulating
community care facilities.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 114975 of the Health
and Safety Code is amended to read:
114975. Rules and regulations adopted under this chapter shall be
adopted in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code
, and Sections 25733 and Section 114920
of this code.
SEC. 2. Section 114985 of the Health
and Safety Code is amended to read:
114985. As used in this chapter:
(a) "Secretary" means the Secretary of the Natural
Resources Agency.
(b) "Ionizing radiation" means gamma rays and X-rays; alpha and
beta particles, high-speed electrons, neutrons, protons, and other
nuclear particles; but not sound or radio waves, or visible,
infrared, or ultraviolet light.
(c) "Person" means any individual, corporation, partnership,
limited liability company, firm, association, trust, estate, public
or private institution, group, agency, political subdivision of this
state, any other state or political subdivision or agency thereof,
and any legal successor, representative, agent, or agency of the
foregoing, other than the United States Nuclear Regulatory
Commission, the United States Department of Energy, or any successor
thereto to those entities , and other
than federal government agencies licensed by the United States
Nuclear Regulatory Commission, under prime contract to the United
States Department of Energy, or any successor thereto.
(d) "Byproduct material" means 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.
(e) "Source material" means (1) uranium,
either of the following:
(1) Uranium, thorium, or any
other material which that the
department declares by rule to be source material after the United
States Nuclear Regulatory Commission, or any successor
thereto to that commission , has determined the
material to be such; or (2) ores source
material.
(2) Ores containing one or more
of the foregoing materials described in
paragraph (1) , in such a
concentration as that the department
declares by rule to be source material after the United States
Nuclear Regulatory Commission, or any successor thereto
to that commission , has determined the material
in such that concentration to be
source material.
(f) "Special nuclear material" means (1) plutonium,
either of the following:
(1) Plutonium, uranium 233,
uranium enriched in the isotope 233 or in the isotope 235, and any
other material which that the
department declares by rule to be special nuclear material after the
United States Nuclear Regulatory Commission, or any successor
thereto to that commission , has
determined the material to be such special
nuclear material , but that does not include source
material ; or (2) any .
(2) Any material artificially
enriched by any of the foregoing a material
described in paragraph (1) , but does not include source
material.
(g) "General license" means a license, pursuant to regulations
promulgated by the department, effective without the filing of an
application, to transfer, acquire, own, possess or use quantities of,
or devices or equipment utilizing, byproduct, source, or special
nuclear materials or other radioactive material occurring naturally
or produced artificially.
(h) "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, byproduct,
source, or special nuclear materials or other radioactive material
occurring naturally or produced artificially.
(i) "Registration" means the reporting of possession of a source
of radiation and the furnishing of information with respect
thereto to a source of radiation , in accordance
with subdivision (b) of Section 115060.
(j) "Department" means the State Department of Health
Services Public Health .
(k) "Director" means the State Director of
Health Services Public Health .
(l) "Federal research and development activity" means any
an activity of the Secretary of Energy
conducted at any a research facility
owned or operated by the United States Department of Energy.
(m) "Low-level waste" means radioactive waste not classified as
high-level radioactive waste, transuranic waste, spent nuclear fuel,
or the byproduct material defined in Section 11(e)(2) of the Atomic
Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For purposes of this
subdivision, the following definitions shall apply:
(1) "High-level radioactive waste" means either of the following:
(A) The highly radioactive material resulting from the
reprocessing of spent nuclear fuel, including liquid waste produced
directly in reprocessing and any solid material derived from this
liquid waste that contains fission products in sufficient
concentrations.
(B) Other highly radioactive material that the Nuclear Regulatory
Commission, consistent with existing law, determines by rule requires
permanent isolation.
(2) "Spent nuclear fuel" means fuel that has been withdrawn from a
nuclear reactor following irradiation, the constituent elements of
which have not been separated by reprocessing.
(3) "Transuranic waste" means any a
waste containing more than 100 nanocuries of alpha emitting
transuranic nuclides with half-life greater than five years per gram
of waste material.
(n) "Mammogram" means an X-ray image of the human breast.
(o) "Mammography" means the procedure for creating a mammogram.
(p) "Mammography quality assurance" means the detection of a
change in X-ray and ancillary equipment that adversely affects the
quality of films and the glandular radiation dose, and the correction
of this change.
(q) "Mammogram certification" means a certification, issued by the
department after registration, that the equipment dedicated to or
used for mammography meets the standards prescribed pursuant to this
chapter.
(r) "Nuclear Regulatory Commission" means the United States
Nuclear Regulatory Commission or its successor.
SEC. 3. Section 114986 is added to the
Health and Safety Code , to read:
114986. (a) For purposes of this section, "agreement state" means
a state with which the Nuclear Regulatory Commission has entered
into an effective agreement under former Section 274b of the Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 2021(b)), that state
ratified as specified in Section 115230.
(b) Except as provided in subdivision (c), a regulation adopted by
the Nuclear Regulatory Commission and in effect on January 1, 2014,
shall be deemed to be the regulations of this state and adopted
pursuant to this chapter if the regulations are any of the following:
(1) The regulations are required by federal law or regulation to
be adopted by an agreement state in an essentially identical manner.
(2) An agreement state is required by federal law or regulation to
meet the essential objective of that regulation, including, but not
limited to, compatibility.
(3) The regulations are identified by the Nuclear Regulatory
Commission as having a particular health and safety role, including,
but not limited to, adequacy, as determined by the Nuclear Regulatory
Commission.
(c) Except as provided in subdivision (d), the regulations adopted
by the Nuclear Regulatory Commission, including amendments to those
regulations, adopted after January 1, 2014, shall be deemed to be the
regulations of the state and adopted pursuant to this chapter, if
the department makes one of the findings specified in paragraphs (1)
to (3), inclusive, of subdivision (b).
(d) Subdivision (b) and (c) do not apply to any of the following
regulations:
(1) A regulation adopted by the Nuclear Regulatory Commission that
conflicts with existing state law.
(2) (A) The regulations found in Subpart E (commencing with
Section 20.1401) of Part 20 of Chapter I of Title 10 of the Code of
Federal Regulations.
(B) Paragraph (A) does not prohibit the department from adopting
equivalent regulations in accordance with applicable laws.
(3) The definition of the term "byproduct material," as provided
in the regulations specified in subdivision (b).
(e) A federal regulation adopted pursuant to subdivision (b) shall
take effect in this state on the effective date of the federal
regulation.
(f) The department shall adopt regulations that it determines are
necessary for the administration and enforcement of the regulations
adopted pursuant to subdivision (b) or (c).
(g) This section does not authorize and the department shall not
adopt regulations determined by the Nuclear Regulatory Commission to
address areas of regulation that cannot be relinquished to agreement
states pursuant to the Atomic Energy Act of 1954, as amended, or the
regulations adopted by the Nuclear Regulatory Commission.
SEC. 4. Section 115000.1 of the Health
and Safety Code is amended to read:
115000.1. (a) For the purposes of this section, the following
terms have the following meanings:
(1) "Generate" means to produce or cause the production of, or to
engage in an activity which that
otherwise results in the creation or increase in the volume of,
low-level radioactive waste.
(2) (A) "Generator" means any a
person who, by his or her actions, or by the actions of his or her
agent, employee, or independent contractor, generates low-level
radioactive waste in the state.
(B) For purposes of this section, a person who provides for or
arranges for the collection, transportation, treatment, storage, or
disposal of low-level radioactive waste generated by others is a
generator only to the extent that his or her actions, or the actions
of his or her agent, employee, or independent contractor, generate
low-level radioactive waste.
(3) "Person" means an individual, partnership, corporation, or
other legal entity, including any state, interstate, federal, or
municipal governmental entity.
(4) "Waste" means material that is not in use and is no longer
useful.
(5) "Generator category" includes, but is not limited to, any of
the following:
(A) Nuclear powerplants.
(B) Reactor vendors or designers.
(C) Government.
(D) Medicine.
(E) Academia.
(F) Aerospace.
(G) Military.
(H) Research.
(I) Industrial gauges.
(J) Manufacturing.
(6) "Low-level radioactive waste" or "LLRW" has the same meaning
as defined in Article 2 of the Southwestern Low-Level Radioactive
Waste Disposal Compact, as set forth in Section 115255.
(7) "Class" means the class of low-level radioactive waste. "Class
A", A, " "class B"
, B, " and "class C" waste are those
classes defined in Section 61.55 of Title 10 of the Code of Federal
Regulations.
(8) "Licensed LLRW disposal facility" means any of the three
disposal facilities located at Barnwell, South Carolina; Clive, Utah;
or Richland, Washington, that exist on January 1, 2003.
(b) The department shall, for the protection of public health and
safety maintain a file of each manifest from each generator of LLRW
that is sent to a disposal facility or to a facility subject to the
Southwestern Low-level Radioactive Waste Disposal Compact, as set
forth in Article 17 (commencing with Section 115250).
(c) The department shall, for the protection of public health and
safety, maintain a file of all LLRW transferred for disposal to a
licensed LLRW disposal facility during the reporting period, either
directly or through a broker or agent, that shall meet all of the
following conditions:
(1 ) Specify the category of generator, class, quantity
by activity, and volume of LLRW, including an estimate of the peak
and average quantities in storage, along with the identity of the
generator, and the chemical and physical characteristics of that
waste, including its half-life, properties, or constituents, and
radionuclides present at, or above, the minimum labeling
requirements, with their respective concentrations and amounts of
radioactivity.
(2) Be updated annually, at minimum, to ensure an accurate and
timely depiction of radioactive waste in the state.
(3) Include all of the following information in the file:
(A) The total volume, volume by class, and activity by
radionuclide and class.
(B) The types and specifications of individual containers used and
the number of each type transferred for disposal.
(C) The maximum surface radiation exposure level on any single
container of LLRW transferred, the number of disposal containers that
exceed 200 mR/hour, and the volume, class, and activity by
radionuclide.
(D) The identification of each licensed LLRW disposal facility to
which LLRW was transferred, either directly or through a broker or
agent, and the volume and activity by class of LLRW transferred by
each broker to each licensed LLRW disposal facility.
(E) The identification of all brokers or agents to which LLRW was
transferred and the volume and activity by class of the generator's
LLRW transferred by each broker or agent to each licensed LLRW
disposal facility.
(F) The weight of source material by its type. For purposes of
this paragraph subparagraph , "type"
includes, but is not limited to, natural uranium, depleted uranium,
or thorium.
(G) The total number of grams of special nuclear material by
radionuclide, and the maximum number of grams of special nuclear
material in any single shipment by radionuclide.
(H) As complete a description as practicable of the principal
chemical and physical form of the LLRW by volume and radionuclide,
including the identification of any known hazardous properties, other
than its radioactive property.
(I) For solidified or sorbed liquids, the nature of the liquid,
the solidifying or sorbing agent used, and the final volume.
(J) For LLRW containing more than 0.1 percent by weight chelating
agents, the identification of the chelating agent, the volume and
weight of the LLRW and the weight percentage of chelating agent.
(K) For LLRW that was treated, either by the generator or its
agent or independent contractor, in preparation for transfer to a
licensed LLRW disposal facility described in paragraph (8) of
subdivision (a) for the purpose of reducing its volume or activity by
any method , including reduction by storage for decay, or
for the purpose of changing its physical or chemical characteristics
in a manner other than by solidification or sorption of liquids, the
file shall include a description of the treatment process.
(L) The volume, volume by class, and activity by radionuclide and
class of that LLRW, if any, that the generator is holding at the end
of the annual reporting period because the generator knows or has
reason to believe that LLRW will not be accepted for disposal at any
of the licensed LLRW disposal facilities. The file shall include a
description of this LLRW.
(d) The department shall maintain a file on each generator's LLRW
stored, including specific radionuclides, total volume, volume by
class, total activity, and activity by radionuclide and class of LLRW
stored for decay and stored for later transfer, including the
periods of time for both types of storage.
(e) (1) The department shall prepare an annual report, including a
set of tables summarizing data collected from the activities and
maintenance of files specified in subdivisions (c) and (d) to the
department. These annual data tables shall contain information that
summarizes and categorizes, by category, and if applicable,
subcategory, of generator and location by county and identity of
generator, the nature, characteristics and the total volume, volume
by class, total activity and activity by radionuclide and class of
LLRW generated, disposed of, treated, transferred, stored for later
transfer, and stored for decay during each calendar year.
(2) The department shall note, in the set of tables prepared
pursuant to paragraph (1), any generator for which data are lacking.
(f) The department shall make the information described in
subdivisions (c) and (d) available to the public in a format that
aggregates the information by county. The department shall not make
public the identity and location of any site where LLRW is stored or
used. The department may combine information from multiple counties
if necessary to protect public security. Notwithstanding any other
provision of law the department shall not make the report prepared
pursuant to subdivision (e) available to the public, and the report
is not subject to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 6 of Title 1 of the
Government Code).
(g) The department may make the information described in
subdivisions (c) and (d) available upon request to any Member of the
Legislature. No Member of the Legislature may disclose the identity
or location of any site where LLRW is stored or used to any member of
the general public.
(h) To meet the requirements of this section, each generator shall
submit to the department the information included in Forms 540, 541,
and 542, and any successor forms, of the Nuclear Regulatory
Commission, for each LLRW shipment. In addition, for purposes of
subparagraph (L) of paragraph (4) (3)
of subdivision (c) and subdivision (d), each generator shall annually
complete and submit to the department the information included on
Forms 540, 541, and 542, and any successor forms, of the Nuclear
Regulatory Commission that describe the LLRW stored and shipped by
the generator.
SEC. 5. Section 115060 of the Health
and Safety Code is amended to read:
115060. (a) The department shall provide by rule or regulation
for general or specific licensing of persons to receive, possess, or
transfer radioactive materials, or devices or equipment utilizing
these materials. That rule or regulation shall provide for the
amendment, suspension, or revocation of licenses.
(b) The department may require registration and inspection of
sources of ionizing radiation other than those that require a
specific license, and compliance with specific safety standards to be
adopted by the department.
(c) The department may exempt certain sources of ionizing
radiation or kinds of uses or users from the licensing or
registration requirements set forth in this section when
if the department makes a finding that the
exemption of these sources of ionizing radiation or kinds of uses or
users will not constitute a significant risk to the health and safety
of the public.
(d) Regulations The regulations
adopted pursuant to this chapter may provide for recognition of other
state or federal licenses as the department may deem desirable,
subject to the registration requirements as
that the department may prescribe.
(e) The department shall adopt registration and certification
regulations for mammography equipment. These regulations shall
include, but not be limited to, all of the following requirements:
(1) An X-ray machine used for mammography shall be specifically
designed for mammography and inspected by the department, or deemed
satisfactory by the department based upon evidence of certification
by the American College of Radiology mammography accreditation
program, or an accreditation program that the department deems
equivalent before it is certified.
(2) That all All persons who have a
certificate for mammography equipment shall follow a
quality assurance program to be adopted by the department to ensure
the protection of the public health and safety.
(3) That quality Quality assurance
tests, as determined by the department, are
shall be performed on all mammography equipment located in a
mobile van or unit after each relocation of the mobile van or unit to
a different location for the purpose of providing mammography. This
equipment shall be recalibrated if images are not of diagnostic
quality as determined by the department. A
The department shall maintain and make available for inspection a
written record of the location of mobile vans or units with
dates and times shall be maintained and available for
inspection by the department .
(4) On or after July 15, 1993, all All
mammography equipment shall be registered with and certified by
the department. If this mammography equipment is certified by a
private accreditation organization, the department shall take into
consideration evidence of this private certification when deciding to
issue a mammogram certification.
(5) All licenses, permits, and certificates issued by the
department pursuant to this chapter and the Radiologic Technology Act
(Section 27) relating to the use of mammography equipment shall be
publicly posted pursuant to this section and regulations adopted by
the department.
(f) To further ensure the quality of mammograms, the department
shall require all mammogram facilities, other than mobile units or
vans, to operate quickly and efficiently so as to ensure that the
facilities are able to develop mammograms of diagnostic quality prior
to when the patient leaves the facility.
SEC. 6. Section 115061 of the Health
and Safety Code is amended to read:
115061. (a) In order to better protect the public and radiation
workers from unnecessary exposure to radiation and to reduce the
occurrence of misdiagnosis, the Radiologic Health Branch within the
State Department of Public Health Services
shall adopt regulations that require personnel and
facilities using radiation-producing equipment for medical and dental
purposes to maintain and implement medical and dental quality
assurance standards that protect the public health and safety by
reducing unnecessary exposure to ionizing radiation while ensuring
that images are of diagnostic quality. The standards shall require
quality assurance tests to be performed on all radiation-producing
equipment used for medical and dental purposes.
(b) The Radiologic Health Branch shall adopt the regulations
described in subdivision (a) and provide the regulations to the
health committees of the Assembly and the Senate on or before January
1, 2008.
(c) For purposes of this section, "medical and dental quality
assurance" means the detection of a change in X-ray and ancillary
equipment that adversely affects the quality of films or images and
the radiation dose to the patients, and the correction of this
change.
SEC. 7. Section 115080 of the Health
and Safety Code is amended to read:
115080. (a) (1) Notwithstanding Section
6103 of the Government Code, the department shall provide by
regulation a ranking of priority for inspection, as determined by the
degree of potentially damaging exposure of persons by ionizing
radiation and the requirements of Section 115085, and a schedule of
fees, based upon that priority ranking, that shall be paid by persons
possessing sources of ionizing radiation that are subject to
registration in accordance with subdivisions (b) and (e) of Section
115060, and regulations adopted pursuant thereto
to those sections . The
(2) The department may expend the
revenues derived from the fees shall be used ,
together with other funds made available therefor
, for the purpose of carrying out any the
inspections of the sources of ionizing radiation required by
this chapter or the regulations adopted pursuant
thereto to this chapter . The fees
shall,
(3) The department shall set the fees
so that together with any other funds made available to the
department, be the amount is sufficient
to cover the costs of administering this chapter, and
chapter. The fees shall be set in amounts
intended to cover the costs of administering this chapter for each
priority source of ionizing radiation. Revenues
(4) The revenues generated by the
fees shall not offset any general funds appropriated for the support
of the radiologic programs authorized pursuant to this chapter
, and the Radiologic Technology Act (Section
27), and Chapter 7.6 (commencing with Section 114960).
Persons who pay 27). A person that pays fees
shall not be required to pay, directly or indirectly, for the share
of the costs of administering this chapter of
for those persons for whom fees are waived. The
(6) When setting fees, the
department shall take into consideration any contract payment from
the Health Care Financing Administration for performance of
inspections for Medicare certification and shall reduce this fee
accordingly.
(b) A local agency participating in a negotiated agreement
pursuant to Section 114990 shall be fully reimbursed for direct and
indirect costs based upon activities governed by Section 115085. With
respect to these agreements, any salaries, benefits, and other
indirect costs shall not exceed comparable costs of the department.
Any changes in the frequency of inspections or the level of
reimbursement to local agencies made by this section or Section
115085 during the 1985-86 Regular Session shall not affect ongoing
contracts.
(c) The fees paid by persons possessing sources of ionizing
radiation shall be adjusted annually pursuant to Section 100425.
(d) The department shall establish two different registration fees
for mammography equipment pursuant to this section based upon
whether the equipment is accredited by an independent accrediting
agency recognized under the federal Mammography Quality Standards Act
(42 U.S.C. Sec. 263b).
(e) The department shall establish fees for followup inspections
related to the failure to correct violations of this chapter or
regulations adopted pursuant to this chapter. The fees established by
the department may be charged for each inspection visit.
SEC. 8. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SECTION 1. Section 1505 of the Health and
Safety Code is amended to read:
1505. This chapter does not apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any juvenile placement facility approved by the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, or any
juvenile hall operated by a county.
(d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.
(e) Any child day care facility, as defined in Section 1596.750.
(f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of the church or denomination.
(g) Any school dormitory or similar facility determined by the
department.
(h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element of
care as determined by the director.
(i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
(j) Any alcoholism or drug abuse recovery or treatment facility as
defined in Section 11834.02.
(k) Any arrangement for the receiving and care of persons by a
relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and
occurs only occasionally and irregularly, as defined by regulations
of the department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.
(l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved according
to subdivision (d) of Section 309 of the Welfare and Institutions
Code.
(2) Any home of a nonrelative extended family member, as described
in Section 362.7 of the Welfare and Institutions Code, providing
care to children who are placed by a juvenile court, supervised by
the county welfare or probation department, and the placement of whom
is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
(3) On and after January 1, 2012, any supervised independent
living placement for nonminor dependents, as defined in subdivision
(w) of Section 11400 of the Welfare and Institutions Code, who are
placed by the juvenile court, supervised by the county welfare
department, probation department, Indian tribe, consortium of tribes,
or tribal organization that entered into an agreement pursuant to
Section 10553.1 of the Welfare and Institutions Code, and whose
placement is approved pursuant to subdivision (k) of Section 11400 of
the Welfare and Institutions Code.
(4) A Transitional Housing Program-Plus, as defined in subdivision
(s) of Section 11400 of the Welfare and Institutions Code, that
serves only eligible former foster youth over 18 years of age who
have exited from the foster care system on or after their 18th
birthday, and that has obtained certification from the applicable
county in accordance with subdivision (c) of Section 16522 of the
Welfare and Institutions Code.
(m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the Welfare
and Institutions Code.
(n) (1) Any family home agency, family home, or family teaching
home as defined in Section 4689.1 of the Welfare and Institutions
Code, that is vendored by the State Department of Developmental
Services and that does any of the following:
(A) As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in
the residence of the family home provider or providers and the
family home provider or providers' family, and the provider is not
licensed by the State Department of Social Services or the State
Department of Public Health or certified by a licensee of the State
Department of Social Services or the State Department of Public
Health.
(B) As a family teaching home approved by a family home agency,
provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the State
Department of Social Services or the State Department of Public
Health or certified by a licensee of the State Department of Social
Services or the State Department of Public Health.
(C) As a family home agency, engages in recruiting, approving, and
providing support to family homes.
(2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
(o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (Chapter 21 (commencing
with Section 1901) of Title 25 of the United States Code) are placed
and that is one of the following:
(1) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(2) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(p) (1) (A) Any housing occupied by elderly or disabled persons,
or both, that is initially approved and operated under a regulatory
agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C.
Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec.
8013), or whose mortgage is insured pursuant to Section 236 of Public
Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage
assistance pursuant to Section 221d (3) of Public Law 87-70 (12
U.S.C. Sec. 1715 l ), where supportive services
are made available to residents at their option, as long as the
project owner or operator does not contract for or provide the
supportive services.
(B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
(2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.
(q) Overnight shelters for unaccompanied youth, as defined in
Section 11434a(6) of Title 42 of the United States Code, or homeless
youth, as defined in paragraph (2) of subdivision (e) of Section
11139.3 of the Government Code.
(r) Any similar facility determined by the director.
