BILL ANALYSIS �
AB 764
Page 1
Date of Hearing: April 16, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
AB 764 (Linder) - As Amended: April 8, 2013
SUBJECT : Human Remains.
SUMMARY : Establishes a pilot program that authorizes the
Cemetery and Funeral Bureau (Bureau) to offer a limited
crematory license to no more than five alkaline hydrolysis
facilities as specified, and repeals that authority on January
1, 2020. Specifically, this bill :
1)Establishes a pilot program to allow the processing of human
remains through the practice of alkaline hydrolysis, as
specified.
2)Authorizes the Bureau to issue a limited crematory license to
no more than five hydrolysis facilities that meet the
following requirements:
a) The hydrolysis facility is 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 hydrolysis facility complies with local water
treatment and wastewater control laws; and,
c) The hydrolysis facility presents to the Bureau any
locally required permits for business operations and the
appropriate state tax documentation.
3)Requires a licensed hydrolysis facility to submit to annual
inspections by the Bureau and any certified uniform program
agency, and permits the Bureau to perform additional
inspections at any time.
4)States that the existing law relating to the registration of
cremated remains disposers and crematory operating entities
shall apply to the hydrolysis of human remains.
5)Defines "hydrolysis" to mean "the process by which the
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following three steps are taken:
a) The reduction of the body of a deceased person to its
essential chemical components by alkaline hydrolysis.
Alkaline hydrolysis is a chemical process using heat or
heat and applied pressure, water and potassium hydroxide or
sodium hydroxide to dissolve human tissue within a
hydrolysis container;
b) 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,
c) The processing of the remains after removal from the
hydrolysis chamber pursuant to the requirements established
by section 7010.3 of the Health and Safety Code (HSC)."
6)Defines "hydrolysis facility" to mean "a building or structure
containing one or more chambers for the reduction of bodies of
deceased persons by alkaline hydrolysis."
7)Defines "hydrolysis chamber" to mean "the enclosed space
within which the hydrolysis of human remains is performed and
any other attached, non-enclosed mechanical components that
are necessary for the safe and proper functioning of the
equipment. Allowable hydrolysis chambers for the disposition
of human remains shall meet or exceed State Department of
Public Health (DPH) and federal Centers for Disease Control
and Prevention (CDC) requirements for complete destruction of
human pathogens."
8)Defines "hydrolysis container" to mean "a hydrolyzable closed
container resistant to leakage of body fluids into which the
body of a deceased person is placed prior to insertion in a
hydrolysis chamber for alkaline hydrolysis."
9)Defines "hydrolysis remains" to mean "bone fragments of a
human body that are left after hydrolysis in a hydrolysis
facility and does not include foreign materials, pacemakers or
prostheses."
10)Defines a "hydrolyzed remains container" to mean "a
receptacle in which hydrolyzed remains are placed after
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hydrolysis."
11)Repeals the pilot program on January 1, 2020.
EXISTING LAW
1)Provides for the regulation of cemeteries under the Cemetery
Act. (Business and Professions Code Section (BPC) 9600, et
seq.)
2)Requires a cemetery manager, as defined, to hold a valid and
unexpired cemetery manager license. (BPC 9723.2)
3)States that no person shall dispose or offer to dispose of any
cremated human remains unless registered as a cremated remains
disposer by the Bureau, as specified. (BPC 9740)
4)Establishes the duties of a cremated remains disposer, as
specified. (BPC 9744.5)
5)Establishes the specific requirement for crematories including
the operation, the identification of remains, record keeping,
and requirements for accepting human remains, prices for
cremation and storage and personnel training provisions, as
specified, among other provisions. (HSC 8341, et seq.)
6)Defines the cremation process to mean "the process by which
the following three steps are taken:
a) The reduction of the body of a deceased human to its
essential elements by incineration;
b) The repositioning or moving of the body or remains
during incineration to facilitate the process; and,
c) The processing of the remains after removal from the
cremation chamber, as specified." (HSC 7010.3)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill establishes a six-year pilot
program to allow the Bureau to issue a limited crematory
license to no more than five hydrolysis facilities. Once
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issued, the limited license will allow a licensee to operate a
hydrolysis facility for the disposition of human remains; a
process intended to provide an alternative to disposing of
human remains by flame cremation. This bill is author
sponsored.
2)Author's statement . According to the author, "[This bill
helps] pave the way for new business opportunities and job
creation in California by introducing regulations for the
commercial operation of new, safe, and environmentally
responsible end of life alternatives for the people of
California. [This bill] will establish a pilot program to
allow up to 5 facilities in California to use the process of
alkaline hydrolysis to break down human tissue and dissolve
them into their chemical components. The process has been
used for years to dispose of animal bodies at veterinary,
biotech and pharmaceutical settings."
3)Alkaline hydrolysis . Alkaline hydrolysis (also referred to by
trademarked names such as "Bio Cremation" or "Resomation") is
the process by which human remains are reduced to bone
fragments with the utilization of water and a blended alkaline
solution, combined with heat and pressure.
The process typically involves placing a human body into a
pressurized steel cremation chamber where water and alkali are
automatically added and the temperature is raised to
approximately 350 Degrees Fahrenheit. Water, alkali, heat and
pressure circulate over the body causing a reaction that
completes the cremation process over the course of two to
three hours or longer depending on the body type and size.
During a typical cremation cycle, the body is reduced to bone
fragments and the remaining by-product is a sterile effluent.
The effluent would be sent though a drain where it may flow to
a water treatment facility that is capable of handling the
material where it can be filtered, purified and recycled back
through aquifers, streams, lakes and non-potable water use.
This bill requires the hydrolysis facilities to comply with
local water treatment and wastewater control laws to ensure
that the effluent is being handled appropriately. According
to Resomation Ltd, the liquid produced contains no DNA or
genetic material but is instead a biochemical mix of small
organic molecules.
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Upon completion of the of the cremation cycle, bones are dried
and processed into a powdery substance which can be placed
into a container or urn and returned to a family. Pacemakers,
prosthetic devices and implants can be recovered intact and
may be recycled or disposed of accordingly as determined by
the family.
4)Other uses of hydrolysis . The hydrolysis process has been
used for a number of years to dispose of animal carcasses at
veterinary, biotech and pharmaceutical settings. In addition,
the University of Florida at Gainesville, the Mayo Clinic, and
UCLA medical school utilize the technology for the disposal of
human bodies. Eight states also currently allow hydrolysis:
Florida, Colorado, Illinois, Kansas, Maine, Minnesota,
Maryland and Oregon. According to Bio Cremation, at least
eighteen other states have introduced legislation in the past
or have discussed possible legislation relating to the use of
hydrolysis for the disposition of human remains.
5)Flame cremation . When a body is cremated by flame, it is
heated to between 1500 and 1800 Degrees Fahrenheit in a
cremator until the body is reduced to ash and bone fragments.
The entire process takes two to four hours, depending on the
size of the body and temperature. The 'cremains' can then be
placed in an urn or other container to be buried, stored, or
scattered over land or water. Energy utilization is higher in
the traditional flame cremation process as the cremator
chamber needs to be preheated. An issue that has been raised
surrounding traditional flame cremation is the release of CO2
and other emissions into the atmosphere as a result the
burning process. The emissions from the hydrolysis process
are considered to be lower, as the cremation chamber does not
need to be preheated and operates at a lower temperature.
6)California crematory licensing laws and legislation .
California currently regulates crematory managers and
crematory businesses through the Bureau. There are currently
468 licensed crematory managers, 218 licensed crematory
businesses, and 151 licensed cremated remains disposers.
An applicant for a crematory manager license must be at least 18
years of age, possess a high school diploma or its equivalent,
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have no disqualifying criminal record, be a resident of the
state and demonstrate compliance with any training or
experience requirements established by the Bureau. A
crematory manager is involved in the maintenance or operation
of a licensed crematory, and the cremation of human remains.
Under this bill, an entity wishing to apply for a limited
crematory license for the operation of a hydrolysis facility
for the disposition of human remains would need to acquire a
limited crematory license from the Bureau. A limited
crematory license should meet current licensure requirements
for a crematory license in addition to the crematory manager
receiving the certified training as approved by the Bureau,
being compliant with wastewater treatment laws, submitting to
Bureau inspections, and obtaining the appropriate business
permits.
Under existing law, an applicant for a crematory license must
complete an application and pay a $400 filing fee; provide a
corporate resolution as specified and articles of
incorporation, if the applicant is a corporation; provide a
partnership agreement, if applicant is a partnership; provide
a permit to operate a crematory issued by the local air
pollution control district; provide a land use or zoning
permit; provide a certified copy of a deed or lease; provide a
signed statement by the individual or majority of directors of
a corporation regarding a complete and detailed financial
statement showing assets and liabilities, plan of operation,
and standard agreement for the funding of prearranged
cremations; provide the plans and specifications of the
crematory building; provide a copy of a recent fire inspection
report or certificate of occupancy; provide evidence of a
written contract with a licensed cemetery for the final
dispositions of human remain; and provide certification
affidavits for all offices, owners and partners.
There have been several measures previously introduced in
California to allow for the practice of alkaline hydrolysis in
disposing of human remains. Most recently AB 1615 (Miller) of
2012 would have authorized the Bureau to license and regulate
hydrolysis facilities and hydrolysis facility managers. AB
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1615 was held on the Senate Appropriations Committee Suspense
File.
While AB 764 authorizes the Bureau to issue a limited
crematory license, it does not add new requirements to the
Bureau's existing authority as did AB 1615. Instead, it would
simply require hydrolysis licensees to follow the existing
licensing requirements for the operation of a crematory.
7)Question for the Committee . As currently written, this bill
requires a crematory manager to be trained and certified by a
Bureau-approved hydrolysis manufacturer. However, it is not
clear whether or not other members of the crematory staff
should receive training as well. The Committee may wish to
inquire of the author as to the training requirements - if any
- for crematory staff in other states that permit hydrolysis
of human remains, and whether or not this bill should contain
similar training requirements.
8)Arguments in support . The California Funeral Directors
Association writes in support, "The disposition of human
remains has enormous social and public health consequences.
This legislation allows a viable option, alkaline hydrolysis,
to be implemented as an acceptable means for the handling of a
human body?similar to cremation by fire, alkaline hydrolysis
will also become a socially acceptable means for the handling
of a human body. "
9)Arguments in opposition . The California Catholic Conference,
Inc. writes in opposition, "Whereas cremated remains contain
the complete remains of a deceased person and demonstrate a
certain "totality-of-connection" between the human person and
remains, this connection is dissipated [through hydrolysis].
While we do not believe that [it] is 'evil', we do find it to
be particularly casual-and perhaps disrespectful-disposition
of human remains."
10)Related legislation . SB 119 (Ron Calderon) of 2013 would
authorize the incineration of one or more American flags,
performed separately from the cremation of human remains and
in accordance with specified federal law, during the periods
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within one week before or after specified holidays. That bill
is pending in Senate Business, Professions and Economic
Development Committee.
11)Previous legislation . AB 1615 (Miller) of 2012 would have
authorized the Bureau to license and regulate hydrolysis
facilities and hydrolysis facility managers. That bill was
held in Senate Appropriations.
AB 1777 (Ma), Chapter 79, Statutes of 2012, authorizes
cremated remains to be transferred from a durable container
into a scattering urn, as defined, no more than seven days
before scattering the cremated remains at sea from a boat.
SB 1197 (Calderon) of 2012, would have provided that a
crematory regulated by the Cemetery and Funeral Bureau, in
addition to the cremation of human remains, may also cremate
an American flag or flags, in accordance with federal law, as
specified, and specifies that the burning of the flag or flags
occurs within one week before or after Memorial Day, Flag Day,
or Independence Day. That bill was subsequently amended to
address a different subject matter.
AB 374 (Hill), Chapter 364, Statutes of 2012, allows a bond to
be posted in lieu of an unqualified audit report if there are
timeliness issues on a transfer of ownership of a funeral
establishment due to the death of an owner, estate issues or
other legal problems.
AB 1225 (Veterans Affairs Committee), Chapter 774, Statutes of
2012, prohibits the sale, trade or transfer of veterans'
commemorative property out of cemeteries except under certain
conditions.
AB 4 (Miller) of 2011 would have authorized the Bureau to
license and regulate hydrolysis facilities and hydrolysis
facility managers, as specified. That bill was held in
Assembly Appropriations Committee.
AB 2283 (Miller) of 2010 would have required the Bureau to
adopt regulations for the safe operation of alkaline
hydrolysis chambers by July 1, 2011. That bill was held in
the Senate Environmental Quality Committee.
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REGISTERED SUPPORT / OPPOSITION :
Support
California Funeral Directors Association
Opposition
California Catholic Conference
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301