{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-230.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-230.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-230.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-230.html"}],"law_id":79795,"edition_id":1,"section_id":79795,"structure_id":15284,"section_number":"32.1-230","catch_line":"Further powers of Board","history":"Code 1950, \u00a7 32-414.4; 1964, c. 158; 1968, c. 314; 1975, c. 563; 1979, c. 711.","full_text":"The Board shall have the power, subject to the approval of the Governor:\n\n1\n\nTo acquire by purchase, exercise of the right of eminent domain, grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser interest in any lands, selected in the discretion of the Board as constituting necessary, desirable or acceptable sites for ionizing radiation control projects of the Board, including any and all lands adjacent to a project site as in the discretion of the Board may be necessary or suitable for restricted areas; but in all instances lands which are to be designated as radioactive waste material sites shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose.2\n\nTo convey or lease, for such term as in the discretion of the Board may be in the public interest, any lands so acquired, either for a fair and reasonable consideration or solely or partly as an inducement to the establishment or location in the Commonwealth of any scientific or technological facility, project, satellite project or nuclear storage area; but subject to such restraints as may be deemed proper to bring about a reversion of title or termination of any lease in the event the grantee or lessee, as the case may be, shall cease to use the premises or facilities in the conduct of business or activities consistent with the purposes of this article; provided, however, radioactive waste material sites may be leased but may not otherwise be disposed of except to another department, agency or institution of the Commonwealth or to the United States.3\n\nTo assume responsibility for perpetual custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the Commonwealth in the event the parties operating such facilities abandon their responsibility and whenever the federal government or any of its agencies has not assumed the responsibility. In such event, the Board may collect fees from private or public parties holding radioactive materials for perpetual custodial purposes in order to finance such perpetual custody and maintenance as the Board may undertake; provided, that the fees shall be sufficient in each individual case to defray the estimated cost of the Board&#8217;s custodial management activities for that individual case. All such fees, when received by the Board, shall be credited to a special fund of the Department, shall be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations and are hereby appropriated for such purpose.4\n\nTo enter into an agreement with the federal government or any of its authorized agencies to assume perpetual maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or used as custodial sites for radioactive material.","order_by":null,"text":{"0":{"id":285879,"text":"The Board shall have the power, subject to the approval of the Governor:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":285880,"text":"To acquire by purchase, exercise of the right of eminent domain, grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser interest in any lands, selected in the discretion of the Board as constituting necessary, desirable or acceptable sites for ionizing radiation control projects of the Board, including any and all lands adjacent to a project site as in the discretion of the Board may be necessary or suitable for restricted areas; but in all instances lands which are to be designated as radioactive waste material sites shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":285881,"text":"To convey or lease, for such term as in the discretion of the Board may be in the public interest, any lands so acquired, either for a fair and reasonable consideration or solely or partly as an inducement to the establishment or location in the Commonwealth of any scientific or technological facility, project, satellite project or nuclear storage area; but subject to such restraints as may be deemed proper to bring about a reversion of title or termination of any lease in the event the grantee or lessee, as the case may be, shall cease to use the premises or facilities in the conduct of business or activities consistent with the purposes of this article; provided, however, radioactive waste material sites may be leased but may not otherwise be disposed of except to another department, agency or institution of the Commonwealth or to the United States.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":285882,"text":"To assume responsibility for perpetual custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the Commonwealth in the event the parties operating such facilities abandon their responsibility and whenever the federal government or any of its agencies has not assumed the responsibility. In such event, the Board may collect fees from private or public parties holding radioactive materials for perpetual custodial purposes in order to finance such perpetual custody and maintenance as the Board may undertake; provided, that the fees shall be sufficient in each individual case to defray the estimated cost of the Board&#8217;s custodial management activities for that individual case. All such fees, when received by the Board, shall be credited to a special fund of the Department, shall be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations and are hereby appropriated for such purpose.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":285883,"text":"To enter into an agreement with the federal government or any of its authorized agencies to assume perpetual maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or used as custodial sites for radioactive material.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":15284,"edition_id":1,"name":"Radiation Control","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:53:37","date_modified":"2026-06-26 03:53:37","permalink":{"id":204031,"object_type":"structure","relational_id":15284,"identifier":"8","token":"32.1\/6\/8","url":"\/32.1\/6\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68889,"structure_id":15284,"section_number":"32.1-227","catch_line":"Definitions","url":"\/32.1-227\/","token":"32.1\/6\/8\/32.1-227","metadata":false},{"id":61054,"structure_id":15284,"section_number":"32.1-228","catch_line":"Exemption","url":"\/32.1-228\/","token":"32.1\/6\/8\/32.1-228","metadata":false},{"id":76596,"structure_id":15284,"section_number":"32.1-228.1","catch_line":"Department designated state radiation control agency; powers and duties","url":"\/32.1-228.1\/","token":"32.1\/6\/8\/32.1-228.1","metadata":false},{"id":70418,"structure_id":15284,"section_number":"32.1-229","catch_line":"Powers and duties of the Board","url":"\/32.1-229\/","token":"32.1\/6\/8\/32.1-229","metadata":false},{"id":73092,"structure_id":15284,"section_number":"32.1-229.01","catch_line":"Companies listed as proficient to perform radon screening, testing, or mitigation; compliance","url":"\/32.1-229.01\/","token":"32.1\/6\/8\/32.1-229.01","metadata":false},{"id":80826,"structure_id":15284,"section_number":"32.1-229.01:1","catch_line":"Action for damages","url":"\/32.1-229.01_1\/","token":"32.1\/6\/8\/32.1-229.01_1","metadata":false},{"id":67464,"structure_id":15284,"section_number":"32.1-229.1","catch_line":"Inspections of X-ray machines required; Radiation Inspection Reports; fees; qualification of inspectors","url":"\/32.1-229.1\/","token":"32.1\/6\/8\/32.1-229.1","metadata":false},{"id":83583,"structure_id":15284,"section_number":"32.1-229.2","catch_line":"Costs of inspection conducted by Health Department; fees to be used to support program","url":"\/32.1-229.2\/","token":"32.1\/6\/8\/32.1-229.2","metadata":false},{"id":61049,"structure_id":15284,"section_number":"32.1-229.3","catch_line":"Licensing of radioactive material","url":"\/32.1-229.3\/","token":"32.1\/6\/8\/32.1-229.3","metadata":false},{"id":79795,"structure_id":15284,"section_number":"32.1-230","catch_line":"Further powers of Board","url":"\/32.1-230\/","token":"32.1\/6\/8\/32.1-230","metadata":false},{"id":64747,"structure_id":15284,"section_number":"32.1-231","catch_line":"Bonds of licensees","url":"\/32.1-231\/","token":"32.1\/6\/8\/32.1-231","metadata":false},{"id":70820,"structure_id":15284,"section_number":"32.1-232","catch_line":"Radioactive Material Perpetual Care Trust Fund","url":"\/32.1-232\/","token":"32.1\/6\/8\/32.1-232","metadata":false},{"id":62201,"structure_id":15284,"section_number":"32.1-232.1","catch_line":"Special Trust Fund for Radioactive Materials Facility Licensure and Inspection created","url":"\/32.1-232.1\/","token":"32.1\/6\/8\/32.1-232.1","metadata":false},{"id":85611,"structure_id":15284,"section_number":"32.1-233","catch_line":"Radiation Advisory Board; composition; duties generally","url":"\/32.1-233\/","token":"32.1\/6\/8\/32.1-233","metadata":false},{"id":79086,"structure_id":15284,"section_number":"32.1-234","catch_line":"Repealed","url":"\/32.1-234\/","token":"32.1\/6\/8\/32.1-234","metadata":false},{"id":58183,"structure_id":15284,"section_number":"32.1-234.1","catch_line":"Enforcement","url":"\/32.1-234.1\/","token":"32.1\/6\/8\/32.1-234.1","metadata":false},{"id":65815,"structure_id":15284,"section_number":"32.1-235","catch_line":"Authority of Governor to enter into agreements with federal government; effect on federal licenses","url":"\/32.1-235\/","token":"32.1\/6\/8\/32.1-235","metadata":false},{"id":74866,"structure_id":15284,"section_number":"32.1-236","catch_line":"Authority of Board to enter into agreements with federal government, other states or interstate agencies; training programs for personnel","url":"\/32.1-236\/","token":"32.1\/6\/8\/32.1-236","metadata":false},{"id":74214,"structure_id":15284,"section_number":"32.1-237","catch_line":"Effect upon local ordinances, etc","url":"\/32.1-237\/","token":"32.1\/6\/8\/32.1-237","metadata":false},{"id":64082,"structure_id":15284,"section_number":"32.1-238","catch_line":"Impounding sources of ionizing radiation","url":"\/32.1-238\/","token":"32.1\/6\/8\/32.1-238","metadata":false}],"previous_section":{"id":61049,"structure_id":15284,"section_number":"32.1-229.3","catch_line":"Licensing of radioactive material","url":"\/32.1-229.3\/","token":"32.1\/6\/8\/32.1-229.3","metadata":false},"next_section":{"id":64747,"structure_id":15284,"section_number":"32.1-231","catch_line":"Bonds of licensees","url":"\/32.1-231\/","token":"32.1\/6\/8\/32.1-231","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-230\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 158; in 1968, chapter 314; in 1975, chapter 563; in 1979, chapter 711.<\/p>","references":false,"refers_to":false,"permalink":{"id":204069,"object_type":"law","relational_id":79795,"identifier":"32.1-230","token":"32.1\/6\/8\/32.1-230","url":"\/32.1-230\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-230\/","token":"32.1\/6\/8\/32.1-230","dublin_core":{"Title":"Further powers of Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-230","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Board<\/span> shall have the power, subject to the approval of the Governor:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> To acquire by purchase, exercise of the right of eminent domain, grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser interest in any lands, selected in the discretion of the <span class=\"dictionary\">Board<\/span> as constituting necessary, desirable or acceptable sites for <span class=\"dictionary\">ionizing radiation<\/span> control projects of the <span class=\"dictionary\">Board<\/span>, including any and all lands adjacent to a project site as in the discretion of the <span class=\"dictionary\">Board<\/span> may be necessary or suitable for restricted areas; but in all instances lands which are to be designated as radioactive waste <span class=\"dictionary\">material<\/span> sites shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose. <a id=\"paragraph-285880\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-230\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> To convey or lease, for such term as in the discretion of the <span class=\"dictionary\">Board<\/span> may be in the public interest, any lands so acquired, either for a fair and reasonable consideration or solely or partly as an inducement to the establishment or location in the Commonwealth of any scientific or technological facility, project, satellite project or nuclear storage area; but subject to such restraints as may be deemed proper to bring about a reversion of title or termination of any lease in the event the grantee or lessee, as the case may be, shall cease to use the premises or facilities in the conduct of business or activities consistent with the purposes of this article; provided, however, radioactive waste <span class=\"dictionary\">material<\/span> sites may be leased but may not otherwise be disposed of except to another <span class=\"dictionary\">department<\/span>, agency or institution of the Commonwealth or to the United States. <a id=\"paragraph-285881\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-230\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> To assume responsibility for perpetual <span class=\"dictionary\">custody<\/span> and maintenance of <span class=\"dictionary\">radioactive materials<\/span> held for custodial purposes at any publicly or privately operated facility located within the Commonwealth in the event the parties operating such facilities abandon their responsibility and whenever the federal government or any of its agencies has not assumed the responsibility. In such event, the <span class=\"dictionary\">Board<\/span> may collect fees from private or public parties holding <span class=\"dictionary\">radioactive materials<\/span> for perpetual custodial purposes in <span class=\"dictionary\">order<\/span> to finance such perpetual <span class=\"dictionary\">custody<\/span> and maintenance as the <span class=\"dictionary\">Board<\/span> may undertake; provided, that the fees shall be sufficient in each individual case to defray the estimated cost of the <span class=\"dictionary\">Board<\/span>&#8217;s custodial management activities for that individual case. All such fees, when received by the <span class=\"dictionary\">Board<\/span>, shall be credited to a special fund of the <span class=\"dictionary\">Department<\/span>, shall be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations and are hereby appropriated for such purpose. <a id=\"paragraph-285882\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-230\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> To enter into an agreement with the federal government or any of its authorized agencies to assume perpetual maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or used as custodial sites for <span class=\"dictionary\">radioactive material<\/span>. <a id=\"paragraph-285883\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-230\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFURTHER POWERS OF BOARD (\u00a7 32.1-230)\n\nThe Board shall have the power, subject to the approval of the Governor:\n\n1. To acquire by purchase, exercise of the right of eminent domain, grant, gift,\ndevise or otherwise, the fee simple title to or any acceptable lesser interest\nin any lands, selected in the discretion of the Board as constituting necessary,\ndesirable or acceptable sites for ionizing radiation control projects of the\nBoard, including any and all lands adjacent to a project site as in the\ndiscretion of the Board may be necessary or suitable for restricted areas; but\nin all instances lands which are to be designated as radioactive waste material\nsites shall be acquired in fee simple absolute and dedicated in perpetuity to\nsuch purpose.\n\n2. To convey or lease, for such term as in the discretion of the Board may be in\nthe public interest, any lands so acquired, either for a fair and reasonable\nconsideration or solely or partly as an inducement to the establishment or\nlocation in the Commonwealth of any scientific or technological facility,\nproject, satellite project or nuclear storage area; but subject to such\nrestraints as may be deemed proper to bring about a reversion of title or\ntermination of any lease in the event the grantee or lessee, as the case may be,\nshall cease to use the premises or facilities in the conduct of business or\nactivities consistent with the purposes of this article; provided, however,\nradioactive waste material sites may be leased but may not otherwise be disposed\nof except to another department, agency or institution of the Commonwealth or to\nthe United States.\n\n3. To assume responsibility for perpetual custody and maintenance of radioactive\nmaterials held for custodial purposes at any publicly or privately operated\nfacility located within the Commonwealth in the event the parties operating such\nfacilities abandon their responsibility and whenever the federal government or\nany of its agencies has not assumed the responsibility. In such event, the Board\nmay collect fees from private or public parties holding radioactive materials\nfor perpetual custodial purposes in order to finance such perpetual custody and\nmaintenance as the Board may undertake; provided, that the fees shall be\nsufficient in each individual case to defray the estimated cost of the\nBoard&#8217;s custodial management activities for that individual case. All such\nfees, when received by the Board, shall be credited to a special fund of the\nDepartment, shall be used exclusively for maintenance costs or for otherwise\nsatisfying custodial and maintenance obligations and are hereby appropriated for\nsuch purpose.\n\n4. To enter into an agreement with the federal government or any of its\nauthorized agencies to assume perpetual maintenance of lands donated, leased, or\npurchased from the federal government or any of its authorized agencies and used\nfor development of atomic energy resources or used as custodial sites for\nradioactive material.\n\nHISTORY: Code 1950, \u00a7 32-414.4; 1964, c. 158; 1968, c. 314; 1975, c. 563; 1979,\nc. 711.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}