BILL ANALYSIS �
AB 1615
Page 1
ASSEMBLY THIRD READING
AB 1615 (Miller)
As Amended March 29, 2012
Majority vote
BUSINESS & PROFESSIONS 9-0
APPROPRIATIONS 17-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Authorizes the Cemetery and Funeral Bureau (Bureau) to
license and regulate hydrolysis facilities and hydrolysis
facility managers, as specified. Specifically, this bill :
1)Authorizes the Bureau to establish a fee schedule for
examination and licensure as a hydrolysis facility manager, as
specified.
2)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.
3)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.
4)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.
5)Authorizes the Bureau, upon receipt of an application for a
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hydrolysis facility license, to investigate the physical
status, plans, specifications, and financing of the proposed
hydrolysis facility, the character of the applicant, as
specified, 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.
6)Requires the applicant to pay to the Cemetery Fund a sum fixed
by the Bureau not to exceed the reasonable cost of
investigation or $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 sufficient
to defray expenses, provided that the total sum does not
exceed $900.
7)Prohibits a licensed hydrolysis facility from conducting
hydrolysis unless specified requirements are met, and requires
a hydrolysis facility that prohibits relatives or responsible
parties from viewing the hydrolysis process to disclose this
fact in writing prior to the signing of any contract for
hydrolysis.
8)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 the reasonable cost of regulatory administration or
$400 and an additional charge to be fixed by the Bureau at not
more $8.50 per hydrolysis that occurred during the preceding
quarter, to be deposited in the Cemetery Fund.
9)Requires each hydrolysis facility for which a license is
required to be operated under the supervision of a manager
qualified as such in accordance with rules adopted by the
Bureau. Each manager shall be required to successfully pass a
written examination, as specified.
10)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.
11)Specifies that it is a misdemeanor for any person, firm, or
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corporation to hydrolyze human remains, or to engage in the
disposition of those remains, without a valid, unexpired
hydrolysis facility license, as specified.
12)Subjects hydrolysis facility licensees to discipline by the
Bureau, as specified.
13)Provides for additional licensing, reporting, operational,
recordkeeping, training, tracking, storage, and disclosure
requirements; specifies allowable disposition of hydrolyzed
remains; defines pertinent terms; and, makes conforming
changes.
FISCAL EFFECT : According to Assembly Appropriations Committee:
1)One-time special fund costs during 2012-13 to the Bureau of an
unknown amount, likely in the range of $50,000 to $200,000, to
develop and adopt regulations and examinations requirements
for hydrolysis facility operations and licensing.
2)Annual special fund costs to the Bureau of an unknown, likely
minor amount, in the range of tens of thousands of dollars.
3)One-time minor revenue in 2013-14 to the Bureau of an unknown
amount, likely no more than $10,000, 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.
4)One-time minor revenue in 2013-14 to the Bureau of an unknown
amount, likely 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.
5)Ongoing minor annual revenue, starting in 2014-15, 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.
6)The costs of implementing this bill, both in the first year of
operation and in subsequent years, are likely to exceed fee
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revenue by tens of thousands of dollars. It is not clear the
Cemetery Fund, from which these expenses would be paid, could
support such unfunded costs.
COMMENTS : According to the author's office, "AB 1615 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 respectfully 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 green-house gas, and its
CO2 emissions are twenty times less that its traditional
alternative. Alkaline hydrolysis also neutralizes embalming
fluids and toxins to protect soil and underground water from
pollutants."
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301
FN: 0003883