BILL ANALYSIS �
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|Hearing Date:July 2, 2012 |Bill No:AB |
| |1615 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 1615Author:Miller
As Amended:June 26, 2012 Fiscal: Yes
SUBJECT: Human remains.
SUMMARY: Authorizes the Cemetery and Funeral Bureau (Bureau) to
license and regulate hydrolysis facilities and hydrolysis facility
managers, as specified.
Existing law:
1)Licenses and regulates funeral establishments, funeral directors,
embalmers, crematories, crematory managers, cemeteries, cemetery
managers, cemetery brokers, cemetery salespersons, and cremated
remains disposers by the Cemetery and Funeral Bureau (Bureau) within
the Department of Consumer Affairs (DCA).
2)Provides that the Bureau shall enforce the provisions of the Health
and Safety Code as it pertains to the Bureau's licensees relating to
human remains and the disposition of human remains. (Business and
Professions Code (BPC) � 7600 et seq., � 9600 et seq., Health and
Safety Code (HSC) � 7000 et seq.)
3)Establishes a comprehensive scheme in California for the regulation
of the process of cremation as a manner of disposition of human
remains. The provisions of the Health and Safety Code and the
Business and Professions Code specify the requirements for licensing
crematories and crematory managers.
This bill, the Business and Professions Code:
1)Generally amends the provisions of the Business and Professions Code
relating to crematories and cremation to additionally refer to
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hydrolysis facilities and hydrolysis.
2)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.
3)Adds hydrolyzed human remains to existing law governing the disposal
of cremated human remains, including disciplinary action, as
specified.
4) Authorizes the Bureau to establish the following fees relating to
licensed hydrolysis facility managers:
a) To take the examination or re-examination to become a licensed
hydrolysis facility manager the fee shall not exceed the
reasonable cost of administering the examination;
b) To obtain or renew a license as a hydrolysis facility manager
the fee shall not exceed the reasonable cost of licensure
administration.
5)Specifies that a hydrolysis facility may be operated, established, or
maintained by a corporation, partnership, or natural person,
provided that a valid hydrolysis facility license has been issued by
the Bureau.
6)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.
7)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.
8)Specifies requirements for obtaining a license for a hydrolysis
facility:
a) 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.
b) Requires an applicant to obtain all relevant permits from
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local and state agencies to demonstrate compliance with hazardous
waste, water quality, and drinking water standards, as specified,
and requires an applicant to be inspected annually by the
certified unified program agencies to ensure compliance with the
appropriate environmental standards.
c) Requires 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, pursuant to b) above, as well as any
other documentation necessary for a hydrolysis facility applicant
to prove compliance with applicable environmental rules and
regulations.
1)Specifies procedures for investigating applicants and issuing
hydrolysis facility licenses:
a) 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.
b) Requires the Bureau, in consultation with the appropriate
state agency or agencies, to adopt regulations regarding the
minimum system requirements for allowable hydrolysis vessels in
order for hydrolysis facilities to be licensed, including, but
not limited to, the pH range that the vessel must be fully
compatible with, the minimum temperature that the vessel must be
able to reach, and the duration of time that the vessel must be
able to sustain that temperature for the complete destruction of
pathogens.
c) Mandates that the Bureau require allowable hydrolysis vessels
be automated and manufactured for the specific purpose of
performing hydrolysis on deceased human bodies, and be certified
by an appropriate organization, such as the American Society of
Mechanical Engineers, if the hydrolysis vessel uses applied
pressure.
d) 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 facility,
the character of the applicant, including, officers, directors,
shareholders, or members, and any other qualifications required
of the applicant, and for this purpose to subpoena witnesses,
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administer oaths, and take testimony.
e) Requires the applicant, at the filing of an application, to
pay to the Cemetery Fund a sum fixed by the Bureau not in excess
of the reasonable cost of investigation or $400 to defray the
expenses of investigation. Authorizes that sum to be increased
up to $900 if it is necessary to defray the expenses of
investigating the application.
1)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;
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.
2)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.
3)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.
4)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
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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.
5)Requires each hydrolysis facility to be operated under the
supervision of a manager qualified in keeping with rules adopted by
the Bureau. Each manager shall be required to successfully pass a
written examination, as specified.
6)Prohibits a person 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.
7)Requires a hydrolysis facility to designate a licensed hydrolysis
facility manager:
a) The manager shall be appointed to manage, supervise, and
direct its operations, and requires a hydrolysis facility owner
to designate a licensed hydrolysis facility manager to manage the
hydrolysis facility and report the designation to the Bureau
within 10 days of designating or changing the designation of the
manager.
b) The designated manager shall be responsible for exercising the
direct supervision and control over the operations, employees,
and agents of the hydrolysis facility as is necessary to ensure
full compliance with the applicable provisions of the BPC, the
HSC and any Bureau regulations. Failure of the designated
manager or the licensed hydrolysis facility to exercise that
supervision or control is grounds for disciplinary action.
c) Authorizes a hydrolysis facility to employ, in addition to the
designated 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.
1)Establishes requirements to obtain a hydrolysis facility manager
license:
a) The application must be on the form provided by the Bureau,
verified by the applicant, filed at the Bureau office and
accompanied by the specified fee.
b) The applicant must be at least 18 years of age, possess a high
school diploma or equivalent, shall not have committed acts or
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crimes constituting grounds for denial of licensure, demonstrate
compliance with any training and experience requirements
established by the Bureau, and be a resident of California.
c) Authorizes the Bureau to grant a license to any applicant who
meets all of the requirements and who has successfully passed the
hydrolysis facility manager examination.
1)Prohibits a person from engaging in or conducting, or holding himself
or herself out as engaging in or conducting, the activities of a
hydrolysis facility manager without holding a valid, unexpired
hydrolysis facility manager license issued by the Bureau.
2)Prohibits a licensed hydrolysis facility manager from engaging in or
conducting, or holding himself or herself out as engaging in or
conducting, the activities of a hydrolysis facility manager without
being employed by, or without being a sole proprietor, partner, or
corporate officer of, a licensed hydrolysis facility.
3)Specifies that 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.
4)Provides that a hydrolysis facility licensee is subject to and shall
be disciplined by the Bureau in accordance with current law allowing
for suspension or revocation of a license.
This bill's impact on the Health and Safety Code:
1)Generally amends the provisions of the Health and Safety Code
relating to crematories and cremation to additionally refer to
hydrolysis facilities and hydrolysis.
2)Defines the following terms:
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
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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, as
specified;
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 components by alkaline hydrolysis. States
that 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.
ii) 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;
iii) The processing of remains after removal from the
hydrolysis chamber, as specified.
3)Prohibits, except with the express written permission of the person
entitled to control the disposition of the remains, a person from
doing the following:
a) Hydrolyzing the remains of more than one person at the same
time in the same hydrolysis vessel, or introducing 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 fragments of the preceding remains,
as specified;
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, as specified; and,
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c) Placing hydrolyzed remains or other remains of more than one
person in the same container or the same interment space, as
specified.
4)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. 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 must be filed and
retained, for at least five years, by the person who disposes of or
inters the remains.
5)Specifies that a person, including any corporation or partnership,
who violates the provisions noted in 30) and 31), above, is guilty
of a misdemeanor.
6)Requires all hydrolyzed remains not disposed of within one year, in
accordance with current law governing the operation and management
of private cemeteries, to be interred.
7)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.
Specifies that these provisions shall not be construed to prohibit
the requiring of some type of container or disposal unit.
8)Requires a hydrolysis facility to maintain an accurate record of all
hydrolyses performed, subject to inspection by the Bureau, for at
least 10 years, including all of the following information:
a) Name of referring funeral director, if any;
b) Name of deceased;
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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 the 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;
bb) The pH of the hydrolysis effluent to be disposed of after
completion of the hydrolysis.
cc) The equilibrium temperature during the hydrolysis procedure,
and the time duration at that temperature.
dd) The pressure during the equilibrium temperature, if external
pressure is applied.
ee) Any documentation of compliance with appropriate environmental
and safety laws.
9)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 remains until the
point at which it releases the hydrolyzed remains to a third party,
as specified.
10)Provides that a hydrolysis facility that fails, when requested by
an official of the Bureau, to produce a written procedure for
identification of remains shall have 15 working days from the time
of the request to produce an identification procedure for review by
the executive officer of the Board. Requires the license of the
hydrolysis facility to be suspended, as specified, if no
identification procedure is produced for review after 15 working
days have elapsed.
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11)Requires a hydrolysis facility regulated by the Bureau to knowingly
hydrolyze only human remains in hydrolysis chambers, along with the
hydrolysis container.
12)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 container and attach the second container, in a
manner so as not to be easily detached through incidental contact,
to the primary container for interment, scattering, or other
disposition by the person entitled to control the disposition.
13)Prohibits a hydrolysis facility from accepting human remains for
hydrolysis unless the remains are in a hydrolysis container, as
defined, labeled with the identity of the decedent, and the remains
have not been embalmed.
14)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.
15)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 containers, as specified.
16)Requires the hydrolysis facility licensee, or its authorized
representatives, to provide instruction to all hydrolysis facility
personnel involved in the hydrolysis process, as specified.
17)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.
18)Provides that a hydrolysis facility that fails to produce a 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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FISCAL EFFECT: The Assembly Appropriations Committee analysis dated
May 9, 2012 cites the following fiscal impact:
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. Onetime 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. Onetime 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
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:
1.Purpose. This bill is sponsored by the Author . The Author states
the following: "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."
The Author makes the following statements regarding the bill: "AB 1615
creates a permitting, licensing and regulatory statute in the
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Business and Professions and Health and Safety codes for alkaline
hydrolysis that parallels existing permitting, licensing and
regulatory statutes for traditional cremation.
"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."
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 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 the human 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
chambers 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,
undissolved 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 the hydrolysis process.
The process has been used for years to dispose of animal carcasses at
veterinary, biotech and pharmaceutical settings. The University of
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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.Mayo Clinic Experience With Hydrolysis. For more than six years, the
Mayo Clinic has utilized high pressure / high temperature alkaline
hydrolysis in its Anatomical Bequest Program. The Clinic's concern
at that time included: space, the environmental impact, infection
control, being user friendly, cost, and public safety. The Clinic
also needed a proper and safe finished product that could be given
back to a family following the completion of scientific study. The
Clinic has processed more than 800 bodies during that time.
Terry D. Regnier, the Director of Anatomical Services College of
Medicine at the Mayo Clinic, writes that like flame based cremation,
alkaline hydrolysis takes place inside a mechanical chamber that
uses a thermal process to reduce the human body to bone fragments
and ashes. Both processes use manufactured equipment to accelerate
the decomposition process. Both processes take approximately the
same amount of time; both processes use a catalyst to produce bone
fragments and ashes. Flame base cremation uses oxygen and a gas to
produce heat (either the chemical CH4 or C3H8). Flameless cremation
uses water, heat and an alkali (either potassium hydroxide (KOH) or
sodium hydroxide (NAOH). Both processes raise environmental
concerns with discharges - one with water and one airborne; both
leave calcium phosphate that is ground into ash and returned to the
family. The dissimilarities are few. Flameless cremation does not
require the removal of a pacemaker beforehand, it does not discharge
mercury into the atmosphere and it significantly reduces the carbon
footprint and energy usage. It does, however, require hazardous
waste training, engineering design, and a drying cycle for the
alkaline hydrolysis remains.
4.Related Legislation. AB 4 (Miller, 2011), nearly identical to AB
1615, this bill would have authorized 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.
AB 2283 (Miller, 2010) a similar bill, would have defined 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
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request of the author
AB 1777 (Ma, 2012) authorizes cremated remains to be transferred from a
durable container into a scattering urn, as defined, no more than
seven days before scattering the cremated remains at sea from a
boat. This bill was approved by this Committee, June 11, on
Consent, and is now on the Senate Floor.
SB 1197 (Calderon, 2012) an urgency measure which provides that a
crematory regulated by the Cemetery and Funeral Bureau, in addition
to the cremation of human remains, may also cremate an American flag
or flags, in accordance with federal law, as specified, and
specifies that the of the flag or flags occurs within one week
before or after, Memorial Day, Flag Day, or Independence Day. This
bill is set for hearing by this Committee on July 2.
AB 374 (Hill, 2012) allows a bond to be posted in lieu of an
unqualified audit report if there are timeliness issues on a
transfer of ownership of a funeral establishment due to the death of
an
owner, estate issues or other legal matters, including litigation.
This bill is set for hearing by this Committee on July 2.
AB 1225 (Veterans Affairs Committee, 2012) prohibits the sale, trade or
transfer of veterans' commemorative property out of cemeteries
except under certain conditions. This bill is set for hearing by
this Committee on July 2.
5.Arguments in Support. Supporting the bill, the Cemetery and Mortuary
Association of California (CMAC) writes, "CMAC supports the
objective of AB 1615 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.
The association supports the provisions of this measure that would
ensure that the laws addressing hydrolysis will be clear, that the
provisions will be effective, and that consumers will able to make
informed decisions.
Association of California Cremationists believes the bill outlines and
allows necessary change and advancement for the "end of life"
options for families choosing cremation services, along with
ensuring the Bureau properly licenses and regulates alkaline
hydrolysis facilities and their managers.
The President of the Cremation Association of North America. Michael W.
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Nicodemus , expresses his support stating: "I see �alkaline
hydrolysis] as a method of disposition that 'flame cremation'
families have been asking about for years. I reference these
families as those who would like to eliminate Particulate Emissions
and Mercury from entering the atmosphere." Nicodemus continues:
"As I near the age of sixty will I ever see �alkaline hydrolysis]
become the preferred method of disposition? I doubt it, but having
�AB 1615] passed, gives those who are looking for this type of
disposition a chance to make a choice they want for their loved
one."
Matthews Cremation , which manufactures hydrolysis units, states the
following: "In November of 2011 we installed the first regulatory
approved commercial system in the United States at a licensed
crematory in St. Petersburg, FL. We are now just days away from
completing an installation at a crematory in Minnesota and on the
campus of UCLA.
"Alkaline Hydrolysis has been used at the University of Florida's
teaching hospital since 1996 and at the Mayo Clinic in Minnesota
since 2005. Both of these location use alkaline hydrolysis to
cremate cadavers donated for anatomical research. Since 2009,
Colorado, Florida, Illinois, Kansas, Maine, Maryland, and Oregon
have amended their laws or rules to permit alkaline hydrolysis. In
2012, we expect legislation to be filed in New Jersey, New York,
North Carolina, Ohio and Pennsylvania as well as a rule-making
proposed in Missouri.
"Throughout our nation, local communities, organizations and consumers
are embracing collaboration, research, commercialization, and
deployment of clean technologies. Although direct flame cremation
has been widely accepted for years, new technologies are being
developed to provide a more environmentally friendly cremation
process."
Dean Fisher, Director of the Donated Body Program at UCLA David Geffen
School of Medicine , states that the Donated Body Program has been
working toward installing an alkaline hydrolysis facility for four
years, working with the UCLA Environmental Health and Safety Office,
the California Department of Public Health, the City of Los Angeles
Bureau of Sanitation, the alkaline hydrolysis unit manufacturer
Matthews International, and installed this technology on the UCLA
campus in January of this year. Mr. Fisher contends that alkaline
hydrolysis "is a well-documented science, it is environmentally
friendly and it holds the promise of the future."
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6.Arguments in Opposition. California Catholic Conference opposes the
bill stating: "Unfortunately, throughout this bill, there is no
real distinction made between "cremated 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 U.S. to dispose of animal carcasses. It was not
designed to dispose of dead human bodies."
"As Catholics we believe that the deceased human body, once alive and
animated by an immortal soul, possesses a moral dignity which should
be honored by the living. The bone residue from the resomation
process is the result of chemical digestion and results in a
radically different substance than cremated ashes. Will this create
an 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."
7.Policy issues.
a) Efforts to Delineate the Bureaus Environmental Role. As noted
elsewhere in this analysis, this bill was previously heard in the
Senate Environmental Quality Committee on June 18, and amended.
That hearing focused on the environmental implications of the
hydrolysis process and clarified a number of changes to more
effectively address the impact of alkaline hydrolysis on water
and the environment. It appears that some of the latest
amendments to the bill have significantly broadened the
responsibilities of the Bureau in assessing and regulating the
environmental considerations in the approval process for
hydrolysis facility licenses, hydrolysis chambers and in gauging
and monitoring the hydrolysis process. This moves the Bureau in
a direction beyond its appropriate technological scope of
operation.
In order to more effectively craft the role of the Bureau vis a vis
the environmental assessment and approval of the permits and
local water and water treatment standards, the Committee may wish
to instruct Committee staff to work with staff from the
Environmental Quality Committee, the Author's office, the
Department of Consumer Affairs as this bill moves forward to
further craft these provisions to more appropriately delineate
the Bureau's role relating to environmental issues. The
Committee may further wish to have the bill referred back to this
Committee in the event that acceptable amendments cannot be
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worked out.
b) Inspection of Hydrolysis Facilities.
Annual Inspections by the Bureau. Although this bill generally
mirrors the requirements for cremation and crematories and
applies them to hydrolysis and hydrolysis facilities, the bill
does not appear to require the Bureau to annually inspect
licensed hydrolysis facilities as is required for crematories in
BPC � 9720, which states: "The bureau shall annually conduct a
minimum of one unannounced inspection of each licensed
crematory." The bill should be amended to similarly require an
annual inspection by the Bureau of each licensed hydrolysis
facility.
Inspection by the Certified Unified Program Agencies . The bill
does, however, require that each hydrolysis facility be inspected
annually by the certified unified program agencies to ensure
compliance with the appropriate environmental standards (BPC �
9789.4 (b)). While it would appear to be important for such
inspections to take place, it would seem important that: 1) This
requirement be reflected in the Codes dealing with certified
unified program agencies, 2) That the certified unified program
agencies be required to inform the Bureau of the findings of the
inspections.
Inspection of the Hydrolysis Log. The recent amendments further
amend HSC � 8373, as added by this bill to further require the
hydrolysis facility to include in the log for each hydrolyses
performed information regarding: 1) The pH of the hydrolysis
effluent to be disposed of after completion of the hydrolysis. 2)
The equilibrium temperature during the hydrolysis procedure, and
the time duration at that temperature. 3) The pressure during the
equilibrium temperature, if external pressure is applied. These
items are added to the information which must be entered into the
log, and is subject to inspection by the Bureau. However, it is
unclear how the Bureau should use this information. The
Committee may
wish to instruct Committee staff to work with the EQ Committee and
the Author to clarify this issue.
c) Hydrolysis Vessel. In defining terms related to the
hydrolysis process, the bill defines "hydrolysis vessel" in HSC �
7006/4 to mean an "enclosed space within which the hydrolysis of
human remains is performed and any other attached, non-enclosed,
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mechanical components that are necessary for the safe and proper
functioning of the equipment." This definition corresponds to
the definition in HSC � 7006.3 of "cremation chamber" which
"means the enclosed space within which the cremation of human
remains is performed." It would appear that the term "hydrolysis
chamber" may be a more appropriate term to describe the equipment
in which the hydrolysis of human remains is performed.
Committee staff recommends amendments to change the term
"hydrolysis vessel" to "hydrolysis chamber."
d) Correcting amendments. The following correcting amendments
should be made to the bill.
On page 20, line 25, strike out "cremated" and insert:
hydrolyzed
On page 24, lines 9 and 10, strike out "executive officer of
the Cemetery Board." and insert: chief of the Cemetery and
Funeral Bureau.
On page 24, line 22, strike out: "cremated remains"
On Page 24, line 24, strike out: "cremated remains"
e) Conforming amendments. SB 1491 (BP&ED Committee, Chapter 415,
Statutes of 2010), a Committee omnibus bill, amended HSC � 8344
relating to cremated remains. The amendments provide that
cremated remains may be placed into "keepsake urns" and kept as
authorized by those with the right to control disposition; and
revises the identification system requirements. In mirroring
this section by adding HSC � 8374, those provisions were left out
as it relates to hydrolyzed remains.
Committee staff recommends amendments be made to HSC � 8374 to
conform to the changes made by SB 1491 in 2010.
f) Vital records - conforming amendments. Committee staff
further recommends conforming amendments to HSC �� 103055,
103060, and 103080 relating to permits for disposition of human
remains to include references to hydrolysis along with cremation,
and to make conforming reference changes.
g) Fees Under This Measure. As recently amended the bill would
require the Bureau to charge a fee for an applicant to take the
hydrolysis manager examination that "shall not exceed the
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reasonable cost of administering the examination." Similarly,
the fee to obtain or renew a license as a hydrolysis facility
manager "shall not exceed the reasonable cost of licensure
administration." As a regulatory program under DCA the Bureau
receives it funding from licensing and regulatory fees, and this
Committee has taken the clear position in the past that
regulatory programs should be self-supporting from the fees
collected for that program.
Specifically, this Committee has taken the position that fees for
examinations should fund the examination development. SB 1952
(Figueroa, Chapter 825, Statutes of 2002) established Bureau's
cemetery manager license and the crematory manager license. At
that time it was argued from the Bureau that the examination fees
should be kept low near the $200 level, thereby ultimately
requiring examination development and administration costs to be
subsidized by other elements of the Bureau's programs. However,
this Committee took the clear position that examinations should
be self-funding, and as a result, SB 1952 enacted a crematory
manager examination fee of $500, and a cemetery manager
examination fee of $900. The higher level fee for the cemetery
manager examination reflects the lower number of individuals
sitting for the examination.
With reference to hydrolysis facilities and hydrolysis manager
examinations, the applicant population is unknown. It has been
estimated that there may ultimately be only 2 hydrolysis
facilities licensed in California in the five years after this
bill is enacted. It would be expected that the number of those
sitting for the examination would be correspondingly small as
well. Although, imprecise estimates, the paucity of numbers
suggests that the program revenues would fall short many times
over the amount necessary to cover the program expenditures.
h) Sunset Provision. This bill would establish alkaline
hydrolysis as a new process for the disposition of human remains
in the state of California. While it appears that considerable
care has been given to drafting a thoughtful and comprehensive
regulatory program, there yet remains a level of uncertainty
about this process as a viable practice in this state as set
forth in this bill. The low licensing population combined with
the uncertain sustainability of a regulatory program, leaves the
long term viability of this program very much in question.
Committee staff recommends that a four year sunset of January 1,
2017 be placed upon the hydrolysis program. A sunset will
require all of the stakeholders to revisit the issue in the third
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year after the legislation is enacted. While it might be thought
that a sunset lends uncertainty to the body of law, the Committee
has found that it is rather the case that a sunset gives
opportunity to make improvements in a program, and in a number of
cases broad statutory improvements have been made.
Staff recommends the following amendment be made to establish a
sunset date on Article 9 of Chapter 19 of Division 3 of the
Business and Professions Code (commencing with � 9789.1).
Section 9789.17 is added to the Business and Professions Code,
to read:
9789.17. This article shall remain in effect only until
January 1, 2017, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2017,
deletes or extends that date.
Staff recommends the following amendment be made to establish a
sunset date on Article 8 of Chapter 2 of Part 3 of Division 8 of
the Health and Safety Code (commencing with � 8370).
Section 8381 is added to the Health and Safety Code, to read:
8381. This article shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2017,
deletes or extends that date.
NOTE : Double-referral to Environmental Quality Committee 1st. This
bill was heard by the Senate Environmental Quality Committee on June
18, 2012 and approved by a 7-0 vote.
SUPPORT AND OPPOSITION:
Support:
Association of California Cremationists
Cemetery and Mortuary Association of California
Matthews Cremation
SCI California Funeral Services
Michael W. Nicodemus, President, Cremation Association of North
America
Dean Fisher, Director, Donated Body Program, UCLA David Geffen School
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of Medicine
Opposition:
California Catholic Conference
Consultant:G. V. Ayers