BILL ANALYSIS �
AB 764
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ASSEMBLY THIRD READING
AB 764 (Linder)
As Amended April 8, 2013
Majority vote
BUSINESS & PROFESSIONS 12-0APPROPRIATIONS 17-0
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|Ayes:|Gordon, Jones, Bocanegra, |Ayes:|Gatto, Harkey, Bigelow, |
| |Campos, Dickinson, | |Bocanegra, Bradford, Ian |
| |Eggman, Hagman, Holden, | |Calderon, Campos, |
| |Mullin, Skinner, Ting, | |Donnelly, Eggman, Gomez, |
| |Wilk | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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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
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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
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
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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
hydrolysis."
11)Repeals the program on January 1, 2020.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, startup costs for the Department of Consumer Affairs
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. (State Funeral Directors and Embalmers
Fund)
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
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."
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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 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 human DNA or
genetic material but is instead a biochemical mix of small
organic molecules.
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
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or have discussed possible legislation relating to the use of
hydrolysis for the disposition of human remains.
5)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.
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.
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
1615 was held on the Senate Appropriations Committee Suspense
File.
While this bill authorizes the Bureau to issue a limited
crematory license, it does not add new requirements to the
Bureau's existing authority as AB 1615did. Instead, it would
simply require hydrolysis licensees to follow the existing
licensing requirements for the operation of a crematory.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
FN: 0000846
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