BILL ANALYSIS �
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Date of Hearing: May 11, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 4 (Miller) - As Amended: April 14, 2011
Policy Committee: Business and
Professions Vote: 9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes the Cemetery and Funeral Bureau to license
and regulate hydrolysis facilities.
FISCAL EFFECT
1)One-time costs in 2011-12 to the bureau of an unknown amount,
but potentially in the range of $50,000 to $150,000, to
develop and adopt regulations and examinations requirements
for hydrolysis facility operations and licensing. (Special
fund.)
2)Ongoing annual costs, starting in 2012-13, to the bureau of an
unknown amount, but likely approximately $150,000 (equivalent
to one person with scientific training) to update regulations,
administer exams, investigate facility operations, and enforce
requirements. (Special fund.)
3)Onetime revenue in 2012-13 to the bureau of an unknown amount,
but ranging from $800 to $9,000, from applications for a
hydrolysis facility operation, assuming two to 10 applicants
and fees ranging from $400 to $900, per applicant, in the
program's first year of operation. (Special fund.)
4)Onetime revenue in 2012-13 to the bureau of an unknown amount,
but ranging from $1,000 and $5,000, from hydrolysis facility
manager exam fees, assuming the bureau receives between two
and 10 applicants for examination and fees of $500, per
applicant, in the program's first year of operation. (Special
fund.)
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5)Ongoing annual revenue starting in, 2013-14, to the bureau of
an unknown amount, but no more than several thousands of
dollars, from annual manager license renewal fees, annual
regulatory charges and quarterly hydrolysis fees. (Special
fund.)
6)The costs of implementing this bill, both in the first year of
operation and in subsequent years, are likely to exceed
revenue generated by the fees included in this bill by tens of
thousands of dollars. It is does not appear the Cemetery
Fund, which has a 2011-12 balance of just over $400,000 and
from which these expenses would be paid, could support such
unfunded costs.
SUMMARY (continued)
Specifically, this bill:
1)Authorizes the operation of a hydrolysis facility if the
facility is licensed by the bureau and operated under the
supervision of a designated hydrolysis facility manager, also
licensed by the bureau.
2)Requires the bureau to adopt, maintain and enforce regulations
governing hydrolysis facility licenses and hydrolysis facility
managers.
3)Authorizes the bureau to create an exam to license hydrolysis
facility managers and sets the exam fee at no more than $500
and the license renewal fee at no more than $100.
4)Sets the hydrolysis facility license application fee at no
more $900 to cover the bureau's reasonable costs of
investigation of the facility for which the application is
made.
5)Requires each licensed hydrolysis facility to pay an annual
regulatory charge no greater than the reasonable cost of
regulatory administration or $400, as well as a maximum fee of
$8.50 per hydrolysis performed at the facility in the
preceding quarter.
6)Creates new crimes concerning the unlawful operation of a
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hydrolysis facility and improper handling, processing,
treatment, and disclosure concerning cremation and cremated
human remains.
COMMENTS
1)Rationale. The author describes hydrolysis as a "green"
alterative to cremation which, if allowed in California, could
create new business opportunities for entrepreneurs and
consumers considering what to do with their bodily remains
once they are deceased.
2)Background.
a) 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, for which 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.
b) Similar bill failed in the Senate last year. AB 2283
(Miller, 2010) was similar to this bill 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.
This bill represents an attempt by the author to address
those concerns by allowing more stringent regulatory and
notification requirements.
c) Cemetery and Funeral Bureau. Operating within the
Department of Consumer Affairs, the bureau ensures that
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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.
3)Support. This bill is supported by several industry groups,
who contend hydrolysis is a safe, environmentally friendly
ways to handle human remains.
4)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
to dispose of human remains.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081