BILL ANALYSIS �
AB 764
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 764 (Linder) - As Amended: April 8, 2013
Policy Committee: Business and
Professions Vote: 12 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill 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, 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.
2)Authorizes the Bureau to issue a limited crematory license to
no more than five hydrolysis facilities.
3)Requires a licensed hydrolysis facility to submit to annual
inspections by the Bureau 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)Repeals the pilot program on January 1, 2020.
FISCAL EFFECT
Startup costs for the Department of Consumer Affairs (DCA) of
approximately $150,000 over a two-year period for automation
changes and workload associated with training facility managers
and creating the pilot program. On-going costs of the pilot
project should be minor and absorbable, [State Funeral Directors
and Embalmers Fund].
AB 764
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COMMENTS
1)Rationale . 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 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.
2)Alkaline Hydrolysis, aka Resomation, aka Bio-cremation.
Alkaline hydrolysis is a process in which bodily remains are
treated with lye, hot water and high pressure. The result is a
slurry of liquid remains, which are drained, and mineral ash.
The process was developed to dispose of animal carcasses, the
process is used in several states and countries. The process
is allowed for use on human remains in Florida, Maine and
Oregon. New Hampshire briefly allowed hydrolysis of human
remains but, after two years, banned the practice largely
because of concerns among some religious groups.
3)Cemetery and Funeral Bureau. Operating within the Department
of Consumer Affairs, the bureau ensures that only qualified
applicants receive licenses to operate cemeteries, crematories
or funeral establishments, or act as funeral directors,
embalmers, apprentice embalmers, cremated remains disposers,
cemetery managers, crematory managers, cemetery brokers, or
salespeople. The bureau also ensures that licensees comply
with applicable rules and regulations concerning the
management of trust funds, permanence of mausoleums and
columbariums, and the proper handling of human remains.
4)Support. This bill is supported by California Funeral
Directors Association, who contend hydrolysis is a safe,
environmentally friendly way to handle human remains. Some
supporters also contend the practice will lead to increased
economic activity in California.
5)Opposition. This bill is opposed by the California Catholic
Conference-the staff office of the California Catholic
Conference of Bishops and the official voice of the Catholic
community in California's public policy arena. The conference
contends that while it does not consider hydrolysis evil, it
does believe it too casual, and perhaps disrespectful, a way
AB 764
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to dispose of human remains.
6)Related Legislation. AB 1615 (Miller), 2012, would have
authorized the Bureau to license and regulate hydrolysis
facilities and hydrolysis facility managers. That bill was
held in Senate Appropriations.
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 on this
committee's Suspense File.
AB 2283 (Miller), 2010, was similar to AB 1615 and AB 4 in
that it, too, would have required the bureau to license and
regulate hydrolysis. As detailed in a Los Angeles Times
article (Funeral Homes Seek to Legalize 'Bio-cremation' as a
Green Alternative, May 4, 2010), AB 2283 passed the Assembly
but failed in the Senate over concerns with the water quality
and worker safety effects of the slurry created by hydrolysis.
When handled properly, the slurry has a somewhat high pH
value. It also may contain traces of heavy metals, such as
mercury, that have accumulated in body tissue. That bill died
without a hearing in the Senate Environmental Quality
Committee.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081