BILL NUMBER: AB 764	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 21, 2013

   An act to  amend Section 9656   add and
repeal Article 9 (commencing with Section 9789.1) to Chapter 19 of
Division 3  of the Business and Professions Code, relating to
 cemeteries   human remains  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 764, as amended, Linder.  Cemeteries.  
Human Remains.  
   Existing law, the Cemetery Act, provides for the licensure and
regulation of cemeteries, crematories, and their personnel by the
Cemetery and Funeral Bureau within the Department of Consumer
Affairs. Existing law establishes certified uniform program agencies,
which are agencies certified by the Secretary for Environmental
Protection to implement a specified unified program relating to
hazardous waste and materials in accordance with certain
requirements.  
   This bill would, until January 1, 2020, establish a pilot program
that would authorize the bureau to issue a limited crematory license
to no more than 5 alkaline hydrolysis facilities, subject to
specified requirements. The bill would also set forth requirements
for participation in a pilot program at University of California, Los
Angeles David Geffen School of Medicine, Department of Family
Medicine.  
   Existing law, the Cemetery Act, establishes the Cemetery and
Funeral Bureau within the Department of Consumer Affairs and sets
forth its powers and duties, including, but not limited to, licensing
and regulating cemetery managers, salespersons, and brokers.
Existing law requires the bureau to examine the endowment care funds
of cemetery authorities, as specified.  
   This bill would make technical, nonsubstantive changes to a
provision of the Cemetery Act related to endowment care funds.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 9 (commencing with Section
9789.1) is added to Chapter 19 of Division 3 of the  
Business and Professions Code  , to read:  

      Article 9.  Hydrolysis


   9789.1.  (a) Nothing in this chapter, Chapter 12, or any other
law, shall be construed to prohibit a hydrolysis facility from
engaging in the practice of alkaline hydrolysis of human remains when
authorized as part of the pilot program authorized by this section.
   (b) The bureau is authorized to issue a limited crematory license
to an alkaline hydrolysis facility subject to the following:
   (1) The bureau may issue limited crematory licenses to no more
than five alkaline hydrolysis facilities.
   (2) Each alkaline hydrolysis facility shall meet the following
requirements:
   (A) The alkaline hydrolysis facility shall be managed by a
licensed crematory manager, who has been certified as having received
training by the hydrolysis manufacturer, as approved by the bureau.
   (B) The alkaline hydrolysis facility shall comply with local water
treatment and wastewater control laws.
   (C) The alkaline hydrolysis facility shall present to the bureau
any locally required permits for business operations and appropriate
state tax documentation.
   (c) A licensed alkaline hydrolysis facility shall submit to annual
inspections by the bureau and any certified uniform program agency.
The facility may be additionally inspected at any time by the bureau.

   (d) Article 6.5 (commencing with Section 9740) and Article 8
(commencing with Section 9780) shall apply to the alkaline hydrolysis
of human remains authorized through the pilot program.
   9789.2.  This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.  
       
  SECTION 1.    Section 9656 of the Business and
Professions Code is amended to read:
   9656.  If the bureau finds, after notice and hearing, that any
endowment care funds have been invested in violation of the
provisions of the Health and Safety Code, the bureau shall by written
order mailed to the person or body in charge of the fund require the
reinvestment of the funds in conformity to that code within a period
that shall be not less than two years if the investment was made
prior to October 1, 1949, not less than six months if the investment
was made on or after October 1, 1949, and before the effective date
of the amendment of this section by the 1969 Regular Session of the
Legislature, and not less than 30 days if the investment is made on
or after the effective date of the amendment. The period may be
extended by the bureau in its discretion.