BILL ANALYSIS �
AB 1615
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 1615
AUTHOR: Miller
AMENDED: March 29, 2012
FISCAL: Yes HEARING DATE: June 18, 2012
URGENCY: No CONSULTANT: Rebecca
Newhouse
SUBJECT : ALKALINE HYDROLYSIS
SUMMARY :
Existing law :
1) Under the Cemetery Act (Business and Professions Code �9780
et seq.), specifies requirements for the licensure and
administration of crematories by the Cemetery and Funeral
Bureau (bureau).
2) Defines terms related to cremated remains and specifies
requirements for crematories, including their operation,
the identification of remains, record keeping, and
requirements for accepting human remains, instruction and
personnel training, among other provisions. (Health and
Safety Code �8341 et seq.)
3) Specifies requirements regarding the transportation,
disposition, appropriate conduct with, disclosure
statements and storage of cremated and human remains, among
other provisions. (Health and Safety Code �7000 et seq.)
4) Under the Porter-Cologne Water Quality Control Program
(Water Code �13000 et seq.), the State Water Resources
Control Board (SWRCB) has authority over water quality
policy and also establishes nine Regional Water Quality
Control Boards (regional boards) to oversee water quality
at the local/regional level.
5) Specifies requirements regarding water permits, small water
systems, water recycling criteria, domestic water quality
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and monitoring, maximum contaminant levels, compliance
requirements, surface water treatments and hazardous waste
management and standards, among other requirements.
(California Code of Regulations, Title 22)
6) Requires the Department of Toxic Substances Control to
issue hazardous waste permits and impose conditions on
those permits specifying requirements for the storage,
treatment, or disposal of hazardous waste. (Health and
Safety Code �25200)
7) Under the auspices of the US EPA, pursuant to the federal
Clean Water Act, the SWRCB and the nine regional boards are
responsible for the review and approval of Publicly Owned
Treatment Works pretreatment (the process of removing
pollutants from industrial wastewaters before they are
discharged into municipal sewage treatment systems)
programs, and for granting National Pollution Discharge
Elimination System (NPDES) permits, which outline the
pretreatment program monitoring and reporting requirements
for POTWs and other dischargers of pollutants into
navigable waters.
8) Under the Sanitary District Act of 1923 (Health and Safety
Code �6400), authorizes the formation of sanitation
districts which may make and enforce all necessary and
proper regulations for sanitary purposes not in conflict
with any state laws. The Act specifies that a violation of
a regulation or ordinance of a district is a misdemeanor
punishable by imprisonment in the county jail not to exceed
30 days, or by a fine not to exceed one thousand dollars,
or by both.
This bill :
1) Specifies requirements for the licensure and administration
of hydrolysis facilities by the bureau.
2) Defines terms related to hydrolyzed remains and specifies
requirements for hydrolysis facilities, including their
operation, identification of remains, record keeping, and
requirements for accepting human remains, instruction and
personnel training, among other provisions. Among other
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terms, the bill defines the following terms related to
hydrolyzed remains, including:
a) "Hydrolysis," a process involving three steps,
namely:
i) The reduction of the body of a deceased
person to its essential chemical components by a
chemical process using heat, high pressure, water
and potassium hydroxide to dissolve human tissue
within a hydrolysis container.
ii) The use of the least amount of potassium
hydroxide possible that is still effective for
complete dissolution.
iii) Processing the remains after the removal from
the hydrolysis chamber.
b) "Hydrolyzed remains," meaning the bone fragments of a
human body that are left after hydrolysis in a
hydrolysis facility.
c) "Hydrolysis facility," meaning a building or
structure containing one or more vessels for the
reduction of bodies of deceased persons by alkaline
hydrolysis.
d) "Hydrolysis vessel," meaning the enclosed space
within which the hydrolysis of human remains is
performed.
3) Specifies requirements regarding the transportation,
disposition, appropriate conduct with, disclosure
statements and storage of hydrolyzed remains, among other
provisions.
4) 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
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environmental quality will be served by the applicant.
5) 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, including, but not limited to, Health and Safety
Code �25200 et seq., Title 22 of the California Code of
Regulations and the Porter-Cologne Water Quality Act (Water
Code �1300 et seq.).
6) Requires that a hydrolysis facility applicant be inspected
annually by the Certified Unified Program Agencies.
7) Requires that allowable hydrolysis vessels for the
disposition of human remains shall meet or exceed State
Department of Public Health and federal Centers for Disease
Control and Prevention requirements for complete
destruction of human pathogens.
COMMENTS :
1) Purpose of Bill . According to the author, AB 1615 creates
a permitting, licensing and regulatory statute in the
Business and Professions and Health and Safety codes for
alkaline hydrolysis that parallels existing permitting,
licensing and regulatory statutes for traditional cremation
and 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. The author notes that unlike cremation by
incineration, alkaline hydrolysis does not pollute the air,
and emits 20 times less CO2. The author further states
that alkaline hydrolysis neutralizes embalming fluids and
toxins to protect soil and underground water from
pollutants.
2) Background . Alkaline hydrolysis (also known by trademark
names, including BIO Cremation and Resomation) is a process
by which human or animal tissue can be dissolved into their
chemical components. The process involves subjecting the
body to a basic, or alkaline, solution and is typically
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accomplished by immersing the body in a solution with a
high concentration of potassium hydroxide (pH 14).
Hydroxide is able to react with and break down (or
hydrolyze) the organic material, including fats,
carbohydrates, proteins, and nucleic acids, that make up
our body into their simpler components, namely amino acids
and peptides, sugars, fatty acids and nucleotides.
Although alkaline conditions will break down organic
material without applied heat, increasing the temperature
significantly increases the rate of decomposition. Some
hydrolysis vessels use applied pressure to increase the
temperature to nearly double that of the normal boiling
point of water and can therefore accomplish complete
dissolution of tissue within two to three hours. After the
effluent from the hydrolysis procedure is drained,
nonhydrolyzable bone fragments are recovered, rinsed and
subsequently pulverized into a powder that can be disposed
of in a manner analogous to cremated remains. Plastics and
biocompatible metals used in the body as stents,
prosthetics and pacemakers, should not readily react with
sodium hydroxide and could also be recovered at the
completion of hydrolysis.
The process has been used for years to dispose of animal
carcasses at veterinary, biotech and pharmaceutical
settings. The University of Florida, Gainesville, was the
first to use the technology for medical school cadavers and
the Mayo Clinic and the UCLA medical school have since
adopted the technology for disposal of human bodies. The
use of alkaline hydrolysis as a commercial alternative to
cremation or burial is currently legal in Minnesota, Maine,
Oregon, Colorado and Florida.
3) Where does the hydrolysis effluent go ? Bones and
hydrolysis effluent (from 100 to 300 gallons depending on
the engineering of the hydrolysis vessel) are left over at
the completion of the hydrolysis process. The fluid waste
is described as a viscous alkaline, coffee-colored liquid.
One way for a facility to potentially dispose of the
effluent would be to discharge the liquid to the sewer
system to be processed in the local wastewater treatment
plant and ultimately discharged to surface water. The
other possibility is that the effluent could be directly
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discharged to surface water.
Under AB 1615, a facility intending to discharge their
effluent to the regional sewer system would be subject to
the rules and regulations of their local sanitation
district. Sanitation districts have various requirements
for commercial and industrial wastewater discharge
including pH level, concentration of organic material,
total dissolved material, fats, oils and grease,
temperature, heavy metals, dissolved chemicals, and
effluent viscosity. AB 1615 requires hydrolysis facilities
applying for licensing to prove their compliance with the
local waste water discharge requirements to the bureau.
If a facility intended to discharge the hydrolysis effluent
directly to surface water, AB 1615 requires them to apply
for an NPDES permit from the appropriate Regional Water
Quality Control Board, and demonstrate NPDES permit
compliance to the bureau before they could be licensed, and
therefore authorized, to conduct hydrolyses.
In addition to meeting local requirements for sewer
discharge, or state and federal requirements for surface
water discharge, AB 1615 specifies that the hydrolysis
facility applying for a license from the bureau must obtain
all relevant permits from local and state agencies to
demonstrate compliance with hazardous waste, water quality
and drinking water standards and must also prove compliance
with all applicable laws, rules, regulations, ordinances
and orders to the bureau.
4) An alternative to cremation . During cremation, the organic
components are oxidized to CO2 in temperatures approaching
1000 C and can take two to four hours depending on the
size of the body. In comparison, because the alkaline
water is heated to upwards of 200 degrees for two to three
hours (if the vessel is pressurized), alkaline hydrolysis
has the potential to use much less energy during the
procedure than cremation, ultimately translating to fewer
CO2 emissions, in addition to avoiding additional CO2
release from burning the body. According to the EPA, coal
and oil-fired power plants are currently the dominant
emitters of mercury in the US, so less energy usage during
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hydrolysis as compared to cremation may indirectly lead to
less mercury released into the environment. However, the
energy savings during the hydrolysis procedure may be
attenuated by the fact that alkaline hydrolysis requires
large amounts of sodium or potassium hydroxide, both of
which are commonly produced on the industrial scale through
electrolysis.
Temperatures reached during cremation are capable of
vaporizing mercury and releasing it into the atmosphere.
Pollutants, such as NOx, can also be released during
cremation. Because of the lower temperature and lack of
reactivity between potassium hydroxide and amalgam, there
is less risk of mercury in fillings contaminating the
water. However, there is a possibility that some
relatively small quantity of mercury and other heavy metals
accumulated in fatty tissues in individuals over a
lifetime, as well as unmetabolized pharmaceuticals, may be
released in to the hydrolysis effluent. Concentrations of
these contaminants are likely to be low, and after the
hydrolysis process, reduced even further.
One area of concern regarding the use of alkaline
hydrolysis is that many embalming chemicals used to
preserve bodies for viewing are highly toxic, and some,
including formaldehyde and phenol, are carcinogenic.
Unpublished initial studies from Mayo Clinic samples show a
95 percent reduction in formaldehyde after an alkaline
hydrolysis procedure at high temperature and pressure,
however these results are unclear regarding the identity of
the end products of the reaction.
Amendment needed: Because of the
preliminary nature of the data, as well as the
lack of data regarding the fate of toxics other
than formaldehyde used in the embalming process
after the hydrolysis procedure, and the
potential impact of toxic embalming chemicals
on small water treatment systems, amendments
should prohibit bodies that have been embalmed
from undergoing alkaline hydrolysis.
1) Is the bureau the appropriate agency to ensure compliance
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with environmental regulations ? The language in the bill
clearly states that an alkaline hydrolysis facility
applying to the bureau for licensure must obtain all
relevant permits to demonstrate compliance with hazardous
waste, water quality, and drinking water standards and that
in order to be licensed, the applicant must provide proof
of their compliance with all applicable laws, rules,
regulations, ordinances, and orders to the bureau. Is the
bureau, without any input from departments with expertise
in the area of water quality regulation and toxic or
hazardous material regulation, the appropriate entity to
determine whether an alkaline hydrolysis facility applicant
has proven their compliance to ensure environmental
quality?
Amendment needed: An amendment is needed
to require the bureau, in consultation with the
appropriate state agency or agencies, to develop
regulations specifying which permits from local
and state agencies are necessary to demonstrate
compliance with hazardous waste, water quality
and drinking water standards, as well as any
other documentation necessary for a hydrolysis
facility applicant to prove compliance with all
applicable environmental rules and regulations.
1) Minimum requirements for a licensed hydrolysis vessel .
Studies have shown that most pathogens, including viruses
and bacteria, are effectively sterilized with high pH or
high temperature solutions. However, infectious proteins,
or prions, have been found to be much more resilient to
standard sterilization methods. According to the CDC, the
combination of applied heat and chemical solution is the
most effective treatment for inactivating prions. They
recommend exposing surfaces or instruments to 121 C at pH
13 to inactivate prions.
Amendments needed: Although the bill
specifies that the allowable hydrolysis vessels
meet parameters specified by the California
Department of Public Health and the Center for
Disease Control, amendments are needed to
require the bureau, in consultation with the
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appropriate state agency, to adopt regulations
for the specific requirements of allowable
hydrolysis vessels regarding the minimum
temperature and duration of the hydrolysis to
ensure the destruction of pathogens, and adopt
regulations specifying the requirement that
acceptable hydrolysis vessels must be automated
and manufactured for the specific purpose of
performing hydrolysis on deceased human bodies.
The bureau should also require hydrolysis
vessels that use applied pressure to be
certified by an appropriate organization, such
as the American Society of Mechanical Engineers.
Currently the bill defines hydrolysis as a process that
uses heat, pressure and potassium hydroxide to dissolve
tissue. Although the process takes significantly longer,
hydrolysis does not require applied pressure. In addition,
other bases like sodium hydroxide could potentially be used
to complete the hydrolysis process.
Amendments needed: Amendments are needed
to modify the definition of alkaline hydrolysis
to allow, but not require, the use of applied
pressure and to include sodium hydroxide, in
addition to potassium hydroxide, as the
allowable chemical method for the alkaline
hydrolysis process.
1) Should there be more specificity in the bill regarding the
records of the hydrolysis ? The bill currently requires
certain records be kept for each hydrolysis, including the
referring funeral director, name of deceased, date of
hydrolysis, name of hydrolysis vessel operator, date the
body was inserted into and removed from the hydrolysis
vessel, as well any documentation of compliance with
appropriate environmental and safety laws. Upon audit, or
investigation of an alkaline hydrolysis facility, records
of the pH of the hydrolysis effluent would assist the
determination of compliance with local and state
regulations, since effluent with a pH above 12.5 is
considered hazardous, and the facility would be required to
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dispose or treat it according to applicable hazardous waste
laws and local sanitation district requirements.
Similarly, records of the duration and temperature of the
hydrolysis would assist the determination of compliance of
the facility with regulations regarding sterilization of
pathogens.
Amendments needed: The bill should
require that the pH of the effluent, duration of
hydrolysis and corresponding temperature, and
pressure in the vessel, if applicable, be added
to the list of information required to be
recorded.
1) Worker safety training requirements and safety equipment .
Potassium and sodium hydroxide are highly corrosive
substances that can cause severe burns upon contact and
irreversible lung damage if inhaled. Hydrolysis employees
that will work with and around hydrolysis vessels and
alkaline solutions should be given the appropriate training
regarding the safe handling of basic solutions, as well as
acidic solutions, if applicable. Appropriate safety
equipment, including eye washes and emergency showers,
should also be available to employees in the accidental
exposure.
Amendments needed: Procedures and
precautions regarding the safe handling of high
pH solutions, and if applicable, low pH
chemicals, should be included in employee
training and tests for those workers who will
work directly with the alkaline hydrolysis
vessels or large quantities of alkaline
solution. Hydrolysis facilities applying for a
license should also demonstrate their compliance
with all state and federal laws and regulations
regarding worker safety.
1) Consistency . Under AB 1615, the definition of hydrolysis
specifies that whenever possible, the least amount of
potassium hydroxide that is still effective for complete
dissolution of remains. However, the disclosure statement
states that "the process may not result in complete
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dissolution." This inconsistency should be clarified.
2) Arguments in support . Supporters of this measure say that
hydrolysis is a safe and environmentally friendly way to
handle the deceased. They also state that this measure
allows for the necessary change and advancement for the
"end of life" options for families.
3) Arguments in opposition . The California Catholic
Conference, Inc. states that AB 1615 does not effectively
distinguish between 'cremated remains' and 'hydrolyzed
remains,' and that alkaline hydrolysis was not designed to
dispose of dead human bodies. They also note that while
they do not believe the process is 'evil,' they do find it
to be a particularly casual, and perhaps disrespectful,
disposition of human remains. Orange County Water District
is concerned that AB 1615 fails to provide the necessary
safeguards to protect the public from the risk of prions,
as well as the potential introduction of toxic embalming
fluids into the wastewater stream. They further add that
the funeral industry is fundamentally unregulated and they
cannot trust that individual permittees would have the
technical skill to ensure that harmful chemicals are not
introduced into the wastewater stream. They also argue that
the energy requirements for the system are understated, and
that there is a large carbon footprint associated with the
process.
4) Technical amendments .
a) The definition of hydrolysis vessel should be
broadened to include other hydrolysis vessel components
that are not precisely within "enclosed space" but are
necessary for the safe and proper functioning of the
equipment.
b) The word "remains" should be added after the word
"hydrolysis" on page 7, line 14.
c) The word "manger" should be changed to "manager" on
page 3, line 14.
5) Related legislation . The following are related to the
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licensing and regulation of the practice of alkaline
hydrolysis:
a) AB 2283 (Miller) of 2010 defines alkaline hydrolysis
as a type of cremation and required the bureau to adopt
regulations for the operation of alkaline hydrolysis
chambers. The bill was held in the Senate Environmental
Quality Committee at the request of the author.
b) AB 4 (Miller) of 2011 authorizes the bureau to
license and regulate hydrolysis facilities and
hydrolysis facility managers, as specified. AB 4 was
held on the Assembly Appropriations Committee Suspense
File.
6) Double referral to Senate Business, Professions and
Economic Development Committee . If this measure is
approved by this committee, the do pass motion must include
the action to re-refer the bill to the Senate Business,
Professions and Economic Development Committee.
SOURCE : Assemblymember Miller
SUPPORT : Association of California Cremationists
Cemetery and Mortuary Association of California
Cremation Association of North America
Matthews Cremation
2 Individuals
OPPOSITION : California Catholic Conference, Inc.
Orange County Water District