BILL ANALYSIS �
AB 4
Page 1
Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 4 (Miller) - As Amended: March 29, 2011
SUBJECT : Human remains: hydrolysis.
SUMMARY : Authorizes the Cemetery and Funeral Bureau (Bureau)
to license and regulate hydrolysis facilities and hydrolysis
facility managers, as specified. Specifically, this bill :
1)Specifies that a licensed hydrolysis facility manager is a
person who is engaged in, is conducting or is holding him or
herself out as engaged in, activities involved in or
incidental to the maintenance or operation of a hydrolysis
facility licensed by the Bureau and the hydrolysis of human
remains.
2)Specifies that a licensed hydrolysis facility shall be
considered a cemetery licensee for purposes of disciplinary
action, pursuant to existing law.
3)Adds licensed hydrolysis facilities and licensed hydrolysis
facility managers to existing law governing the administration
and licensure, including disciplinary action, of cemeteries
and crematories, as specified.
4)Adds hydrolyzed human remains to existing law governing the
disposal of cremated human remains, including disciplinary
action, as specified.
5)Authorizes the Bureau to establish the following fee schedule:
a) To take the examination or reexamination to become a
licensed hydrolysis facility manager may not exceed $500;
b) To obtain a license as a hydrolysis facility manager may
not exceed $100; and,
c) To renew a hydrolysis facility manager license may not
exceed $100.
6)Specifies that a hydrolysis facility may be operated,
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established, or maintained by a corporation, partnership, or
natural person, provided that a valid hydrolysis facility
license has been issued by the Bureau.
7)Requires a change in ownership of a hydrolysis facility to be
reported to the Bureau and for the new owner to obtain a new
license, as specified.
8)Requires the application for a hydrolysis facility license to
be made in writing on the form prescribed by the Bureau and
filed at the principal office of the Bureau, as specified.
9)Requires the Bureau to require an applicant to prove
compliance with all applicable laws, rules, regulations,
ordinances, and orders, and prohibits the Bureau from issuing
a hydrolysis facility license until the Bureau is satisfied
that the public interest, human health, and environmental
quality will be served by the applicant.
10)Requires an applicant to obtain all relevant permits from
local and state agencies to demonstrate compliance with
hazardous waste, water quality, and drinking water standards,
as specified.
11)Requires the Bureau to adopt and amend rules and regulations
prescribing standards of knowledge, experience, and financial
responsibility for applicants for a hydrolysis facility
license, as specified.
12)Authorizes the Bureau, upon receipt of an application for a
hydrolysis facility license, to investigate the physical
status, plans, specifications, and financing of the proposed
hydrolysis facility, the character of the applicant,
including, if applicable, its officers, directors,
shareholders, or members, and any other qualifications
required of the applicant under the requirements of this bill,
and for this purpose to subpoena witnesses, administer oaths,
and take testimony.
13)Requires the applicant, at the time of the filing of an
application, to pay to the Cemetery Fund a sum fixed by the
Bureau not in excess of $400 to defray the expenses of
investigation. In the event the sum is insufficient to defray
all of the expenses, the applicant shall, within five days
after the Bureau makes a request, deposit an additional sum
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sufficient to defray expenses, provided that the total sum
does not exceed $900.
14)Prohibits a licensed hydrolysis facility from conducting
hydrolysis unless all of the following requirements are met:
a) The licensee has a written contract with the person or
persons entitled to custody of the remains clearly stating
the location, manner, and time of disposition of the
remains, agreeing to pay the regular fees of the licensee
for hydrolysis, disposition, and other services rendered,
and any other contractual provisions required by the
Bureau;
b) Hydrolysis of remains does not occur more than 24 hours
after delivery of the remains unless the remains have been
preserved in the interim by refrigeration or embalming;
and,
c) The licensee has a contractual relationship with a
licensed cemetery authority for final disposition of
hydrolyzed remains by burial, entombment, or inurnment of
any and all remains which are not lawfully disposed of or
which are not called for or accepted by the person or
persons entitled to the custody and control of the
disposition of those remains within 90 days of the date of
death.
15)Requires a hydrolysis facility licensee that prohibits
relatives or responsible parties from viewing the hydrolysis
process, to disclose this fact in writing prior to the signing
of any contract.
16)Requires a hydrolysis facility licensee to keep records and
relevant permits as required by the Bureau and file annually
with the Bureau a report, describing the operations of the
licensee, including the number of hydrolyses performed, the
disposition of remains from each hydrolysis performed, and
other information as required by the Bureau.
17)Requires a hydrolysis facility licensee operating a licensed
hydrolysis facility to pay an annual regulatory charge for
each hydrolysis facility, to be fixed by the Bureau at not
more than $400 and an additional charge to be fixed by the
Bureau at not more $8.50 per hydrolysis that occurred during
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the preceding quarter, to be deposited in the Cemetery Fund.
18)Prohibits persons from engaging in the business of, acting in
the capacity of, or advertising or assuming to act as, a
hydrolysis facility manager without first obtaining a license
from the Bureau without being employed by, or without being a
sole proprietor, partner, or corporate officer of, a licensed
hydrolysis facility.
19)Requires a hydrolysis facility to at all times employ a
licensed hydrolysis facility manager to manage, supervise, and
direct its operations, as specified.
20)Requires a hydrolysis facility owner to designate a licensed
hydrolysis facility manager to manage the hydrolysis facility
and report the designation, including a change in the
designation of a manager, to the Bureau within 10 days.
21)Authorizes a hydrolysis facility to employ, in addition to
the designated hydrolysis facility manager, additional
licensed hydrolysis facility managers, however, only one
licensed hydrolysis facility manager may be appointed as the
designated hydrolysis facility manager of the hydrolysis
facility.
22)Specifies that an applicant for a hydrolysis facility manager
license shall be at least 18 years of age, possess a high
school diploma or its equivalent, shall not have committed
acts or crimes constituting grounds for denial of licensure,
demonstrate compliance with the training and experience
requirements established by the Bureau, and be a resident of
California.
23)Authorizes the Bureau to grant a hydrolysis facility manager
license to any applicant who meets the requirements of this
bill and who has successfully passed the hydrolysis facility
manager examination.
24)Specifies it is a misdemeanor for any person, firm, or
corporation to hydrolyze human remains, or to engage in the
disposition of those remains, without a valid, unexpired
hydrolysis facility license. Each hydrolysis carried out in
violation of this bill shall be a separate violation.
25)Defines the following terms:
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a) "Hydrolyzed 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;
b) "Hydrolysis facility" to mean a building or structure
containing one or more vessels for the reduction of bodies
of deceased persons by alkaline hydrolysis;
c) "Hydrolysis vessel" to mean the enclosed space within
which the hydrolysis of human remains is performed;
d) "Hydrolysis container" to mean a hydrolysable closed
container resistant to leakage of bodily fluids into which
the body of a deceased person is placed prior to insertion
in a hydrolysis vessel for alkaline hydrolysis;
e) "Hydrolyzed remains container" to mean a receptacle in
which hydrolyzed remains are placed after hydrolysis; and,
f) "Hydrolysis" to mean the process by which the following
three steps are taken:
i) The reduction of the body of a deceased person to
its essential chemical component by alkaline hydrolysis;
ii) The least amount of potassium hydroxide that is
still effective for complete dissolution of the remains
shall be used with the hydrolysis container, to minimize
the downstream environmental impact of the effluent and
to maximize worker safety; and,
iii) The processing of remains after removal from the
hydrolysis chamber, as specified.
26)Prohibits, except with the express written permission of the
person entitled to control the disposition of the remains, a
person from the following:
a) Hydrolyzing the remains of more than one person at the
same time in the same hydrolysis vessel, or introduce the
remains of a second person into a hydrolysis vessel until
dissolution of any preceding remains has been terminated
and reasonable efforts have been employed to remove all
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fragments of the preceding remains;
b) Disposing of or scattering hydrolyzed remains in a
manner or in such a location that the remains are
commingled with those of another person; and,
c) Placing hydrolyzed remains or other remains of more than
one person in the same container or the same interment
space, as specified.
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|27)Requires written acknowledgment from the person entitled to |
| control the disposition of the hydrolyzed remains to the |
| person with whom arrangements are made for disposition of the |
| remains on a form that includes, but is not limited to, the |
| following information: "During the alkaline hydrolysis |
| process, chemical dissolution using heat, high pressure water, |
| and an alkaline solution is used to chemically break down the |
| human tissue and the hydrolyzable alkaline hydrolysis |
| container. The process may not result in complete |
| dissolution. After the process is complete, the liquid |
| effluent solution contains the chemical byproducts of the |
| alkaline hydrolysis process except for the deceased's bone |
| fragments. The solution is cooled and released in accordance |
| with local environmental regulations. A hot water rinse is |
| applied to the cremated remains, which are then dried, |
| crushed, pulverized, or ground to facilitate inurnment or |
| scattering." The acknowledgment shall be filed and retained, |
| for at least five years, by the person who disposes of or |
| inters the remains. |
| |
|28)Specifies that a person, including any corporation or |
| partnership, violating the disposal of hydrolyzed remains |
| provisions of this bill is guilty of a misdemeanor. |
| |
|29)Prohibits a hydrolysis facility from conducting any business |
| unless it is connected to, in the same building or structure |
| or in a separate building within the same cemetery, a |
| columbarium, a burial park, or a mausoleum amply equipped at |
| all times for the interment of remains of bodies hydrolyzed at |
| the hydrolysis facility. |
| |
|30)Requires all hydrolyzed remains not disposed of in accordance |
| with this bill to be interred within one year. |
| |
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|31)Prohibits a hydrolysis facility from making or enforcing any |
| rules requiring that human remains be placed in a casket |
| before hydrolysis or that human remains be hydrolyzed in a |
| casket. Specifies that every director, officer, agent, or |
| representative of a hydrolysis facility who violates this |
| provision is guilty of a misdemeanor. Provides that nothing |
| in this bill shall be construed to prohibit the requiring of |
| some type of container or disposal unit. |
| |
|32)Requires a hydrolysis facility to maintain an accurate record |
| of all hydrolyses performed, subject to review by the Bureau, |
| for at least 10 years which includes all of the following |
| information: |
| |
| a) Name of referring funeral director, if any; |
| |
| b) Name of deceased; |
| |
| c) Date of hydrolysis; |
| |
| d) Name of hydrolysis vessel operator; |
| |
| e) Date that the body was inserted in hydrolysis vessel; |
| |
| f) Date that the body was removed from hydrolysis vessel; |
| |
| g) Date that final processing of hydrolyzed remains was |
| completed; |
| |
| h) Disposition of hydrolyzed remains; |
| |
| i) Name and address of authorizing agent; |
| |
| j) The identification number assigned to the deceased, |
| pursuant to existing law; |
| |
| aa) A photocopy of the disposition permit filed in |
| connection with the disposition; and, |
| |
| bb) Any documentation of compliance with appropriate |
| environmental and safety laws. |
| |
|33)Requires a hydrolysis facility to maintain an identification |
| system allowing identification of each decedent beginning from |
| the time the hydrolysis facility accepts delivery of human |
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| remains until the point at which it releases the hydrolyzed |
| remains to a third party, as specified. |
| |
|34)Provides that if a hydrolyzed remains container is of |
| insufficient capacity to accommodate all hydrolyzed remains of |
| a given deceased, the hydrolysis facility shall provide a |
| larger hydrolyzed remains container or urn at no additional |
| cost, or place the excess remains in a secondary cremated |
| remains container and attach the second container, in a manner |
| so as not to be easily detached through incidental contact, to |
| the primary cremated remains container for interment, |
| scattering, or other disposition by the person entitled to |
| control the disposition. |
| |
|35)Prohibits a hydrolysis facility from accepting human remains |
| for hydrolysis unless the remains are in a hydrolysis |
| container, as defined, and labeled with the identity of the |
| decedent. |
| |
|36)Requires a licensed hydrolysis facility when taking custody |
| of a body that has not been embalmed to refrigerate the body |
| at a temperature not greater than 50 degrees Fahrenheit within |
| two hours, unless the hydrolysis process will begin within 24 |
| hours. |
| |
|37)Requires every hydrolysis facility manager or duly authorized |
| representative to provide to any person who inquires in |
| person, a written or printed list of prices for hydrolysis and |
| storage, hydrolysis containers, hydrolysis remains containers |
| and urns, and requirements for hydrolysis container, as |
| specified. |
| |
|38)Requires the hydrolysis facility licensee, or its authorized |
| representatives, to provide instruction to all hydrolysis |
| facility personnel involved in the hydrolysis process, as |
| specified. |
| |
|39)Prohibits an employee of a hydrolysis facility from operating |
| any hydrolysis equipment until he or she has demonstrated to |
| the licensee or authorized representative that he or she |
| understands the procedures required to ensure the health and |
| safety conditions are maintained at the hydrolysis facility |
| and that hydrolyzed remains are not commingled, as specified. |
| |
|40)Provides that a hydrolysis facility that fails to produce a |
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| written employee instruction plan or record of employee |
| training for inspection to the Bureau shall have 15 working |
| days from the time of the request to produce a plan or |
| training record for review by Bureau or face suspension, as |
| specified. |
| |
| |
| |
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EXISTING LAW licenses and regulates crematoria and various
professions related to the disposition of human remains by the
Bureau.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "AB 4
paves the way for new business opportunity and job creation in
the state by introducing regulations for the commercial
operation of new, safe and environmentally responsible, end of
life alternatives for the people of California.
"Alkaline hydrolysis, also referred to as resomation, water
resolution and bio-cremation, is a 'green, eco-friendly
alternative to traditional cremation by incineration. It is
advanced technology that, through an automated process,
accelerates the natural decomposition process of the body
utilizing a heated potassium hydroxide (alkaline) and water
solution to sympathetically reduce human remains to a
presentable, contaminant-free ash.
"Unlike cremation by incineration, alkaline hydrolysis does not
pollute the air, nor does it emit any greenhouse gas, and its
CO2 emissions are twenty times less than its traditional
alternative. Alkaline hydrolysis also neutralizes embalming
fluids and toxins to protect soil and underground water from
pollutants."
Support . The Cemetery and Mortuary Association of California
(CMAC), writes in support, "CMAC appreciates the opportunity you
have presented to us to review and discuss the objectives and
provisions of this bill, as well as your previous AB 2283 of
2010 on the same issue, that would place hydrolysis into law.
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"CMAC supports the objective of this legislation to authorize
hydrolysis by the enactment of a specific set of statutes that
defines the process and establishes its requirements and
parameters including notification to consumers."
Opposition . The California Catholic Conference, Inc., writes in
opposition, "Unfortunately, throughout this bill, there is no
real distinction made between 'created remains' and 'hydrolyzed
remains,' although the procedures are entirely different.
Alkaline hydrolysis - a process also called resomation - was
first proposed in Europe as a method of disposing of sick cows
and since 1992 has been used in the United States to dispose of
animal carcasses. It was not designed to dispose of dead human
bodies.
"As Catholics we believe that the human body, once alive and
animated by an immortal soul, possesses a moral dignity which
must be honored. The bone residue in resomation amounts to a
chemical digestion and results in a radically different
substance than cremated ashes, thereby creating a human and
emotional distance from the remains rather than a reverence for
them. While we do not believe that resomation is 'evil', we do
find it to be a particularly casual - and perhaps disrespectful
- disposition of human remains."
Previous legislation . AB 2283 (Miller) of 2010, requires the
Bureau to adopt regulations for the safe operation of alkaline
hydrolysis chambers, by July 1, 2011. This bill was held in the
Senate Environmental Quality Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Cemetery and Mortuary Association of California
Opposition
California Catholic Conference, Inc.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
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