BILL ANALYSIS �
AB 1615
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1615 (Miller) - As Amended: March 29, 2012
SUBJECT : Human remains.
SUMMARY : Authorizes the Cemetery and Funeral Bureau (Bureau)
to license and regulate hydrolysis facilities and hydrolysis
facility managers, as specified. Specifically, this bill :
1)Adds licensed hydrolysis facilities and licensed hydrolysis
facility managers to existing law governing the administration
and licensure, including disciplinary action, of cemeteries
and crematories, as specified.
2)Adds hydrolyzed human remains to existing law governing the
disposal of cremated human remains, including disciplinary
action, as specified.
3)Authorizes the Bureau to establish the following fee schedule:
a) To take the examination or reexamination to become a
licensed hydrolysis facility manager may not exceed the
reasonable cost of administering the examination or $500;
and,
b) To obtain or renew a license as a hydrolysis facility
manager may not exceed the reasonable cost of licensure
administration or $100.
4)Specifies that a hydrolysis facility may be operated,
established, or maintained by a corporation, partnership, or
natural person, provided that a valid hydrolysis facility
license has been issued by the Bureau.
5)Requires a change in ownership of a hydrolysis facility to be
reported to the Bureau and for the new owner to obtain a new
license, as specified.
6)Requires the application for a hydrolysis facility license to
be made in writing on the form prescribed by the Bureau and
filed at the principal office of the Bureau, as specified.
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7)Requires the Bureau to require an applicant to prove
compliance with all applicable laws, rules, regulations,
ordinances, and orders, and prohibits the Bureau from issuing
a hydrolysis facility license until the Bureau is satisfied
that the public interest, human health, and environmental
quality will be served by the applicant.
8)Requires an applicant to obtain all relevant permits from
local and state agencies to demonstrate compliance with
hazardous waste, water quality, and drinking water standards,
as specified.
9)Requires the Bureau to adopt and amend rules and regulations
prescribing standards of knowledge, experience, and financial
responsibility for applicants for a hydrolysis facility
license, as specified.
10)Authorizes the Bureau, upon receipt of an application for a
hydrolysis facility license, to investigate the physical
status, plans, specifications, and financing of the proposed
hydrolysis facility, the character of the applicant,
including, if applicable, its officers, directors,
shareholders, or members, and any other qualifications
required of the applicant under the requirements of this bill,
and for this purpose to subpoena witnesses, administer oaths,
and take testimony.
11)Requires the applicant, at the time of the filing of an
application, to pay to the Cemetery Fund a sum fixed by the
Bureau not in excess of the reasonable cost of investigation
or $400 to defray the expenses of investigation. In the event
the sum is insufficient to defray all of the expenses, the
applicant shall, within five days after the Bureau makes a
request, deposit an additional sum sufficient to defray
expenses, provided that the total sum does not exceed $900.
12)Prohibits a licensed hydrolysis facility from conducting
hydrolysis unless all of the following requirements are met:
a) The licensee has a written contract with the person or
persons entitled to custody of the remains clearly stating
the location, manner, and time of disposition of the
remains, agreeing to pay the regular fees of the licensee
for hydrolysis, disposition, and other services rendered,
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and any other contractual provisions required by the
Bureau;
b) Hydrolysis of remains does not occur more than 24 hours
after delivery of the remains unless the remains have been
preserved in the interim by refrigeration or embalming;
and,
c) The licensee has a contractual relationship with a
licensed cemetery authority for final disposition of
hydrolyzed remains by burial, entombment, or inurnment of
any and all remains which are not lawfully disposed of or
which are not called for or accepted by the person or
persons entitled to the custody and control of the
disposition of those remains within 90 days of the date of
death.
13)Requires a hydrolysis facility licensee that prohibits
relatives or responsible parties from viewing the hydrolysis
process, to disclose this fact in writing prior to the signing
of any contract.
14)Requires a hydrolysis facility licensee to keep records and
relevant permits as required by the Bureau and file annually
with the Bureau a report, describing the operations of the
licensee, including the number of hydrolyses performed, the
disposition of remains from each hydrolysis performed, and
other information as required by the Bureau.
15)Requires a hydrolysis facility licensee operating a licensed
hydrolysis facility to pay an annual regulatory charge for
each hydrolysis facility, to be fixed by the Bureau at not
more than the reasonable cost of regulatory administration or
$400 and an additional charge to be fixed by the Bureau at not
more $8.50 per hydrolysis that occurred during the preceding
quarter, to be deposited in the Cemetery Fund.
16)Requires each hydrolysis facility for which a license is
required to be operated under the supervision of a manager
qualified as such in accordance with rules adopted by the
Bureau. Each manager shall be required to successfully pass a
written examination, as specified.
17)Prohibits persons from engaging in the business of, acting in
the capacity of, or advertising or assuming to act as, a
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hydrolysis facility manager without first obtaining a license
from the Bureau.
18)Requires a hydrolysis facility to at all times employ a
licensed hydrolysis facility manager to manage, supervise, and
direct its operations.
19)Requires a hydrolysis facility owner to designate a licensed
hydrolysis facility manager to manage the hydrolysis facility
and report the designation, including a change in the
designation of a manager, to the Bureau within 10 days.
20)Requires the designated hydrolysis facility manager to be
responsible for exercising the direct supervision and control
over the operations, employees, and agents of the hydrolysis
facility as is necessary to ensure full compliance with the
applicable provisions of the Business and Professions code,
the Health and Safety Code, and any regulations adopted
pursuant thereto. Failure of the designated hydrolysis
facility manager or the licensed hydrolysis facility to
exercise that supervision or control shall constitute a ground
for disciplinary action.
21)Authorizes a hydrolysis facility to employ, in addition to
the designated hydrolysis facility manager, additional
licensed hydrolysis facility managers, however, only one
licensed hydrolysis facility manager may be appointed as the
designated hydrolysis facility manager of the hydrolysis
facility.
22)Requires the application for a hydrolysis facility manager
license to be made in writing on the form provided by the
Bureau, verified by the applicant, filed at the principal
office of the Bureau and accompanied by the fee fixed by this
bill.
23)Specifies that an applicant for a hydrolysis facility manager
license shall be at least 18 years of age, possess a high
school diploma or its equivalent, shall not have committed
acts or crimes constituting grounds for denial of licensure,
demonstrate compliance with the training and experience
requirements established by the Bureau, and be a resident of
California.
24)Authorizes the Bureau to grant a hydrolysis facility manager
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license to any applicant who meets the requirements of this
bill and who has successfully passed the hydrolysis facility
manager examination.
25)Prohibits a person from engaging in or conducting, or holding
himself or herself out as engaging in or conducting, the
activities of a hydrolysis facility manager without holding a
valid, unexpired hydrolysis facility manager license issued by
the Bureau.
26)Prohibits a licensed hydrolysis facility manager from
engaging in or conducting, or holding himself or herself out
as engaging in or conducting, the activities of a hydrolysis
facility manager without being employed by, or without being a
sole proprietor, partner, or corporate officer of, a licensed
hydrolysis facility.
27)Specifies that it is a misdemeanor for any person, firm, or
corporation to hydrolyze human remains, or to engage in the
disposition of those remains, without a valid, unexpired
hydrolysis facility license. Each hydrolysis carried out in
violation of this bill shall be a separate violation.
28)Provides that a hydrolysis facility licensee is subject to
and shall be disciplined by the Bureau in accordance with
current law allowing for suspension or revocation of a
license.
29)Defines the following terms:
a) "Hydrolyzed remains" means bone fragments of a human
body that are left after hydrolysis in a hydrolysis
facility, and does not include foreign materials,
pacemakers, or prostheses;
b) "Hydrolysis facility" means a building or structure
containing one or more vessels for the reduction of bodies
of deceased persons by alkaline hydrolysis;
c) "Hydrolysis vessel" means the enclosed space within
which the hydrolysis of human remains is performed, as
specified;
d) "Hydrolysis container" means a hydrolysable closed
container resistant to leakage of bodily fluids into which
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the body of a deceased person is placed prior to insertion
in a hydrolysis vessel for alkaline hydrolysis;
e) "Hydrolyzed remains container" means a receptacle in
which hydrolyzed remains are placed after hydrolysis; and,
f) "Hydrolysis" means the process by which the following
three steps are taken:
i) The reduction of the body of a deceased person to
its essential chemical component by alkaline hydrolysis,
as specified;
ii) Wherever possible, the least amount of potassium
hydroxide that is still effective for complete
dissolution of the remains shall be used within the
hydrolysis container, to minimize the downstream
environmental impact of the effluent and to maximize
worker safety; and,
iii) The processing of remains after removal from the
hydrolysis chamber, as specified.
30)Prohibits, except with the express written permission of the
person entitled to control the disposition of the remains, a
person from doing the following:
a) Hydrolyzing the remains of more than one person at the
same time in the same hydrolysis vessel, or introducing the
remains of a second person into a hydrolysis vessel until
dissolution of any preceding remains has been terminated
and reasonable efforts have been employed to remove all
fragments of the preceding remains, as specified;
b) Disposing of or scattering hydrolyzed remains in a
manner or in such a location that the remains are
commingled with those of another person, as specified; and,
c) Placing hydrolyzed remains or other remains of more than
one person in the same container or the same interment
space, as specified.
31)Requires written acknowledgment from the person entitled to
control the disposition of the hydrolyzed remains to the
person with whom arrangements are made for disposition of the
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remains on a form that includes, but is not limited to, the
following information: "During the alkaline hydrolysis
process, chemical dissolution using heat, high pressure water,
and an alkaline solution is used to chemically break down the
human tissue and the hydrolyzable alkaline hydrolysis
container. The process may not result in complete
dissolution. After the process is complete, the liquid
effluent solution contains the chemical byproducts of the
alkaline hydrolysis process except for the deceased's bone
fragments. The solution is cooled and released in accordance
with local environmental regulations. A hot water rinse is
applied to the cremated remains, which are then dried,
crushed, pulverized, or ground to facilitate inurnment or
scattering." The acknowledgment shall be filed and retained,
for at least five years, by the person who disposes of or
inters the remains.
32)Specifies that a person, including any corporation or
partnership, who violates the provisions noted in 30) and 31),
above, is guilty of a misdemeanor.
33)Requires all hydrolyzed remains not disposed of within one
year, in accordance with current law governing the operation
and management of private cemeteries, to be interred.
34)Prohibits a hydrolysis facility from making or enforcing any
rules requiring that human remains be placed in a casket
before hydrolysis or that human remains be hydrolyzed in a
casket. Specifies that every director, officer, agent, or
representative of a hydrolysis facility who violates this
provision is guilty of a misdemeanor. Provides that nothing
in this bill shall be construed to prohibit the requiring of
some type of container or disposal unit.
35)Requires a hydrolysis facility to maintain an accurate record
of all hydrolyses performed, subject to inspection by the
Bureau, for at least 10 years, including all of the following
information:
a) Name of referring funeral director, if any;
b) Name of deceased;
c) Date of hydrolysis;
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d) Name of hydrolysis vessel operator;
e) Date that the body was inserted in hydrolysis vessel;
f) Date that the body was removed from hydrolysis vessel;
g) Date that final processing of hydrolyzed remains was
completed;
h) Disposition of hydrolyzed remains;
i) Name and address of authorizing agent;
j) The identification number assigned to the deceased,
pursuant to existing law;
aa) A photocopy of the disposition permit filed in
connection with the disposition; and,
bb) Any documentation of compliance with appropriate
environmental and safety laws.
36)Requires a hydrolysis facility to maintain an identification
system allowing identification of each decedent beginning from
the time the hydrolysis facility accepts delivery of human
remains until the point at which it releases the hydrolyzed
remains to a third party, as specified.
37)Provides that a hydrolysis facility that fails, when
requested by an official of the Bureau, to produce a written
procedure for identification of remains shall have 15 working
days from the time of the request to produce an identification
procedure for review by the executive officer of the Board.
Requires the license of the hydrolysis facility to be
suspended, as specified, if no identification procedure is
produced for review after 15 working days have elapsed.
38)Requires a hydrolysis facility regulated by the Bureau to
knowingly hydrolyze only human remains in hydrolysis chambers,
along with the hydrolysis container.
39)Provides that, if a hydrolyzed remains container is of
insufficient capacity to accommodate all hydrolyzed remains of
a given deceased, the hydrolysis facility shall provide a
larger hydrolyzed remains container or urn at no additional
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cost, or place the excess remains in a secondary cremated
remains container and attach the second container, in a manner
so as not to be easily detached through incidental contact, to
the primary cremated remains container for interment,
scattering, or other disposition by the person entitled to
control the disposition.
40)Prohibits a hydrolysis facility from accepting human remains
for hydrolysis unless the remains are in a hydrolysis
container, as defined, and labeled with the identity of the
decedent.
41)Requires a licensed hydrolysis facility when taking custody
of a body that has not been embalmed to refrigerate the body
at a temperature not greater than 50 degrees Fahrenheit within
two hours, unless the hydrolysis process will begin within 24
hours.
42)Requires every hydrolysis facility manager or duly authorized
representative to provide to any person who inquires in
person, a written or printed list of prices for hydrolysis and
storage, hydrolysis containers, hydrolysis remains containers
and urns, and requirements for hydrolysis container, as
specified.
43)Requires the hydrolysis facility licensee, or its authorized
representatives, to provide instruction to all hydrolysis
facility personnel involved in the hydrolysis process, as
specified.
44)Prohibits an employee of a hydrolysis facility from operating
any hydrolysis equipment until he or she has demonstrated to
the licensee or authorized representative that he or she
understands the procedures required to ensure the health and
safety conditions are maintained at the hydrolysis facility
and that hydrolyzed remains are not commingled, as specified.
45)Provides that a hydrolysis facility that fails to produce a
written employee instruction plan or record of employee
training for inspection to the Bureau shall have 15 working
days from the time of the request to produce a plan or
training record for review by Bureau or face suspension, as
specified.
EXISTING LAW licenses and regulates crematoria and various
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professions related to the disposition of human remains by the
Bureau.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "AB
1615 paves the way for new business opportunity and job creation
in the state by introducing regulations for the commercial
operation of new, safe and environmentally responsible, end of
life alternatives for the people of California.
"Alkaline Hydrolysis, also referred to as resomation, water
resolution and bio-cremation, is a 'green', eco-friendly
alternative to traditional cremation by incineration. It is
advanced technology that, through an automated process,
accelerates the natural decomposition process of the body
utilizing a heated potassium hydroxide (alkaline) and water
solution to respectfully reduce human remains to a presentable,
contaminant-free ash.
"Unlike cremation by incineration, alkaline hydrolysis does not
pollute the air, nor does it emit any green-house gas, and its
CO2 emissions are twenty times less that its traditional
alternative. Alkaline hydrolysis also neutralizes embalming
fluids and toxins to protect soil and underground water from
pollutants."
Support . The Cemetery and Mortuary Association of California
(CMAC) writes, "CMAC supports the objective of AB 1615 to
authorize hydrolysis by the enactment of a specific set of
statutes that defines the process and establishes its
requirements and parameters including notification to consumers.
The association supports the provisions of this measure that
would ensure that the laws addressing hydrolysis will be clear,
that the provisions will be effective, and that consumers will
able to make informed decisions."
Opposition . The California Catholic Conference, Inc., writes,
"Unfortunately, throughout this bill, there is no real
distinction made between 'created remains' and 'hydrolyzed
remains,' although the procedures are entirely different.
Alkaline hydrolysis - a process also called resomation - was
first proposed in Europe as a method of disposing of sick cows
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and since 1992 has been used in the United States to dispose of
animal carcasses. It was not designed to dispose of dead human
bodies.
"As Catholics we believe that the deceased human body, once
alive and animated by an immortal soul, possesses a moral
dignity which should be honored by the living. The bone residue
from the resomation process is the result of chemical digestion
and results in a radically different substance than cremated
ashes. Will this create an emotional distance from the remains
rather than a reverence for them? While we do not believe that
resomation is 'evil', we do find it to be a particularly casual
- and perhaps disrespectful - disposition of human remains."
Previous legislation . AB 4 (Miller) of 2011 authorizes the
Bureau to license and regulate hydrolysis facilities and
hydrolysis facility managers, as specified. This bill was held
in Assembly Appropriations Committee.
AB 2283 (Miller) of 2010, requires the Bureau to adopt
regulations for the safe operation of alkaline hydrolysis
chambers, by July 1, 2011. This bill was held in the Senate
Environmental Quality Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Cremationists
California Funeral Directors Association
Cemetery and Mortuary Association of California
Matthews Cremation
Several individuals
Opposition
California Catholic Conference, Inc.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301