AB 764, as amended, Linder. 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 5begin delete alkalineend delete hydrolysis facilities, subject to specified requirements.begin delete 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.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Article 9 (commencing with Section 9789.1) is
2added to Chapter 19 of Division 3 of the Business and Professions
3Code, to read:
4
begin insert
For purposes of this article, the following definitions
8shall apply:
9(1) “Hydrolysis facility” means a building or structure
10containing one or more chambers for the reduction of bodies of
11deceased persons by alkaline hydrolysis.
12(2) “Hydrolysis chamber” means the enclosed space within
13which the hydrolysis of human remains is performed and any other
14attached, nonenclosed, mechanical components that are necessary
15for the safe and proper functioning of the equipment. Allowable
16hydrolysis chambers for the disposition of human remains shall
17meet or exceed State Department of Public Health and federal
18Centers for Disease Control and Prevention requirements for
19complete destruction of human
pathogens.
20(3) “Hydrolysis container” means a hydrolyzable closed
21container resistant to leakage of bodily fluids into which the body
22of a deceased person is placed prior to insertion in a hydrolysis
23chamber for alkaline hydrolysis.
24(4) “Hydrolyzed remains” means bone fragments of a human
25body that are left after hydrolysis in a hydrolysis facility.
26“Hydrolyzed remains” does not include foreign materials,
27pacemakers, or prostheses.
28(5) “Hydrolyzed remains container” means a receptacle in
29which hydrolyzed remains are placed after hydrolysis.
30(6) “Hydrolysis” means the process by which the following
31three steps are taken:
32(A) The reduction of the body of a deceased person to its
33essential
chemical components by alkaline hydrolysis. Alkaline
34hydrolysis is a chemical process using heat or heat and applied
35pressure, water, and potassium hydroxide or sodium hydroxide to
36dissolve human tissue within a hydrolysis container.
37(B) Wherever possible, the least amount of potassium hydroxide
38that is still effective for complete dissolution of the remains shall
P3 1be used within the hydrolysis container, to minimize the
2downstream environmental impact of the effluent and to maximize
3worker safety.
4(C) The processing of the remains after removal from the
5hydrolysis chamber pursuant to Section 7010.3 of the Health and
6Safety Code.
(a) Nothing in this chapter, Chapter 12, or any other
9law, shall be construed to prohibit a hydrolysis facility from
10engaging in the practice of alkaline hydrolysis of human remains
11when authorized as part of the pilot program authorized by this
12section.
13(b) The bureau is authorized to issue a limited crematory license
14tobegin delete an alkalineend deletebegin insert
aend insert hydrolysis facility subject to the following:
15(1) The bureau may issue limited crematory licenses to no more
16than fivebegin delete alkalineend delete hydrolysis facilities.
17(2) Eachbegin delete alkalineend delete hydrolysis facility shall meet the following
18requirements:
19(A) Thebegin delete alkalineend delete hydrolysis facility shall be managed by a
20licensed crematory manager, who has been certified as having
21received training by the hydrolysis manufacturer, as approved by
22the bureau.
23(B) Thebegin delete alkalineend delete hydrolysis facility shall comply withbegin delete localend deletebegin insert all
24applicableend insert water treatment and wastewater control laws.
25(C) Thebegin delete alkalineend delete hydrolysis facility shall present to the bureau
26any locally required permits for business operations and appropriate
27state tax documentation.
28(c) A licensedbegin delete alkalineend delete hydrolysis facility shall submit to
annual
29inspections by the bureau and any certified uniform program
30agency. The facility may be additionally inspected at any time by
31the bureau.
32(d) Article 6.5 (commencing with Section 9740) and Article 8
33(commencing with Section 9780) shall apply to the begin deletealkalineend delete
34 hydrolysis of human remains authorized through the pilot program
35begin insert by this sectionend insert.
The requirements of Division 7 (commencing with
37Section 7000) of the Health and Safety Code apply to this article
38as follows:
39(1) The requirements related to the operation of crematories
40apply to a hydrolysis facility authorized by this article.
P4 1(2) The requirements related to cremated remains shall apply
2to hydrolyzed remains authorized by this article.
This article shall remain in effect only until January
51, 2020, and as of that date is repealed, unless a later enacted
6statute, that is enacted before January 1, 2020, deletes or extends
7that date.
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