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AB-1615 Human remains.(2011-2012)

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AB1615:v96#DOCUMENT

Amended  IN  Senate  August 06, 2012
Amended  IN  Senate  June 26, 2012
Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill No. 1615


Introduced  by  Assembly Member Miller

February 08, 2012


An act to amend Sections 9615, 9740, 9741, 9741.1, 9742, 9743, 9744.5, 9745, 9748, 9749, and 9749.3 of, to add Sections 9605.3, 9607.7, and 9764.4 to, and to add and repeal Article 9 (commencing with Section 9789.1) to of Chapter 19 of Division 3 of, the Business and Professions Code, and to amend Sections 7003, 7010.3, 7010.7, 7011, 7011.2, 7015, 7016, 7051, 7051.5, 7052, 7052.5, 7054, 7054.1, 7054.6, 7054.7, 7055, 7116, and 7117, 103055, 103060, and 103080 of, to add Sections 7002.5, 7006.1, 7006.4, 7006.6, 7006.8, 7010.1, and 7054.8 to, and to add and repeal Article 8 (commencing with Section 8370) to of Chapter 2 of Part 3 of Division 8 of, the Health and Safety Code, relating to human remains, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1615, as amended, Miller. Human remains.
Existing law, the Cemetery Act, provides for the licensure and regulation of cemeteries, crematories, and their personnel by the Cemetery and Funeral Bureau within the Department of Consumer Affairs. Existing law requires a person who has had a license or registration under the jurisdiction of the bureau revoked, suspended, placed on probation, or surrendered under a stipulated decision, within the immediately preceding 10 years, and who is employed by or who seeks employment with, a licensed cemetery, a licensed crematory, or a licensed cemetery broker to so inform the cemetery manager, crematory manager, or cemetery broker, respectively, as defined. Existing law creates the Cemetery Fund, which is continuously appropriated for the purpose of implementing the Cemetery Act. Violation of these provisions is a misdemeanor. Existing law establishes certified uniform program agencies, which are agencies certified by the Secretary for Environmental Protection to implement a specified unified program relating to hazardous waste and materials in accordance with certain requirements.
This bill, until January 1, 2019, would require the bureau to license and regulate, as specified, hydrolysis facilities and hydrolysis facility managers, as defined, and would enact requirements substantially similar to those applicable to crematoria. By expanding the definition of crimes relating to the disposition of human remains and creating new crimes, this bill would impose a state-mandated local program. The bill would require that specified fees paid to finance hydrolysis facility regulation be deposited in the Cemetery Fund. By depositing moneys in a continuously appropriated fund, this bill would make an appropriation. The bill would require certified unified program agencies to ensure compliance with certain environmental standards, and to comply with specified reporting requirements. By increasing the duties of local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9605.3 is added to the Business and Professions Code, to read:

9605.3.
 A licensed hydrolysis facility manager is a person who is engaged in, is conducting, or is holding himself or herself out as engaged in, activities involved in or incidental to the maintenance or operation of a hydrolysis facility licensed pursuant to this chapter and the hydrolysis of human remains.

SEC. 2.

 Section 9607.7 is added to the Business and Professions Code, to read:

9607.7.
 “Licensed hydrolysis facility” means a corporation, partnership, or natural person licensed pursuant to Article 9 (commencing with Section 9789.1). A licensed hydrolysis facility shall be considered a cemetery licensee for purposes of disciplinary action pursuant to Article 6 (commencing with Section 9725).

SEC. 3.

 Section 9615 of the Business and Professions Code is amended to read:

9615.
 (a) (1) A person who holds or has held, or was named on, a license or registration under the jurisdiction of the bureau that has been, within the immediately preceding 10 years, revoked, suspended, placed on probation, or surrendered under a stipulated decision, and who is employed by, or who seeks employment with, a licensed cemetery, a licensed crematory, a licensed hydrolysis facility, or a licensed cemetery broker in any capacity, shall inform the licensed cemetery manager, the licensed crematory manager, the licensed hydrolysis facility manager, or the licensed cemetery broker of that revocation, suspension, probation, or surrender.
(2) A person subject to this subdivision shall inform the licensed cemetery manager, the licensed crematory manager, the licensed hydrolysis facility manager, or the licensed cemetery broker upon application for employment by completing a form that shall be made available by the bureau.
(b) The cemetery manager, crematory manager, licensed hydrolysis facility manager, or cemetery broker who is informed pursuant to subdivision (a) shall notify the bureau by submitting the form within 30 days of being so informed. Failure of the cemetery manager, licensed hydrolysis facility manager, crematory manager, or cemetery broker to notify the bureau shall be a cause for a warning. A cemetery manager, crematory manager, licensed hydrolysis facility manager, or cemetery broker shall not be subject to a warning if his or her failure to notify the bureau is due to a false statement made by an employee.
(c) A person required to notify the cemetery manager, crematory manager, licensed hydrolysis facility manager, or cemetery broker under subdivision (a) who fails to do so or who makes a false statement on the required form shall be subject to disciplinary action if that person is a licensee of the bureau, or that failure or false statement shall be cause for denial of a license under Section 480.
(d) For purposes of subdivision (a), the term “named on” applies to a person who was an owner, partner, or corporate officer of an entity that was licensed or registered under the act at the time that entity’s license or registration under the act was revoked, suspended, placed on probation, or surrendered.

SEC. 4.

 Section 9764.4 is added to the Business and Professions Code, to read:

9764.4.
 (a) The fee to take the examination or reexamination to become a licensed hydrolysis facility manager shall not exceed the reasonable cost of administering the examination.
(b) The fee to obtain or renew a license as a hydrolysis facility manager shall not exceed the reasonable cost of licensure administration.

SEC. 5.

 Section 9740 of the Business and Professions Code is amended to read:

9740.
 No person shall dispose of or offer to dispose of any cremated or hydrolyzed human remains unless registered as a cremated remains disposer by the bureau. This article shall not apply to any person, partnership, or corporation holding a certificate of authority as a cemetery, crematory license, hydrolysis facility license, cemetery broker’s license, cemetery salesperson’s license, or funeral director’s license, nor shall this article apply to any person having the right to control the disposition of the cremated remains or hydrolyzed remains of any person or that person’s designee if the person does not dispose of or offer to dispose of more than 10 cremated human remains or hydrolyzed human remains within any calendar year.

SEC. 6.

 Section 9741 of the Business and Professions Code is amended to read:

9741.
 (a) Registration shall be on the form prescribed by the bureau and shall include, but not be limited to, the full name of the registrant, business and residence addresses, description and identification of aircraft or boats which may be used in dispensing cremated human remains or hydrolyzed remains, and the area to be served. Each registration application shall be accompanied by the cremated remains disposer fee.
(b) Every registered cremated remains disposer who dispenses human remains by air shall post a copy of his or her current pilot’s license, and the address of the cremated remains or hydrolyzed remains storage area at his or her place of business. Every registered cremated remains disposer who dispenses cremated remains or hydrolyzed remains by boat shall post a copy of his or her current boating license and the address of the cremated remains or hydrolyzed remains storage area at his or her place of business.

SEC. 7.

 Section 9741.1 of the Business and Professions Code is amended to read:

9741.1.
 The bureau shall prepare and deliver to each registered cremated remains disposer a booklet that includes, but is not limited to, the following information: details about the registration and renewal requirements for cremated remains disposers; requirements for obtaining state permits to dispose of cremated human remains or hydrolyzed remains; state storage requirements, if any; statutory duties pursuant to this article, and other applicable state laws.

SEC. 8.

 Section 9742 of the Business and Professions Code is amended to read:

9742.
 All aircraft used for the scattering of cremated human remains or hydrolyzed remains shall be validly certified by the Federal Aviation Administration. All boats or vessels used for the scattering of cremated human remains or hydrolyzed remains shall be registered with the Department of Motor Vehicles or documented by a federal agency, as appropriate. The certification or registration shall be available for inspection by the bureau.

SEC. 9.

 Section 9743 of the Business and Professions Code is amended to read:

9743.
 A cremated remains disposer who scatters any cremated human remains or hydrolyzed remains without specific written instructions from the person having the right to control the disposition of the remains or who scatters any remains in a manner not in accordance with those instructions shall be subject to disciplinary action.

SEC. 10.

 Section 9744.5 of the Business and Professions Code is amended to read:

9744.5.
 (a) Every cremated remains disposer shall do both of the following:
(1) Dispose of cremated remains or hydrolyzed remains within 60 days of the receipt of those remains, unless a written signed reason for a delay is presented to the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code.
(2) Provide the bureau with the address and telephone number of any storage facility being used by the registrant to store cremated remains or hydrolyzed remains. Cremated remains and hydrolyzed remains shall be stored in a place free from exposure to the elements, and shall be responsibly maintained until disposal. The bureau and its representatives shall conduct, on an annual basis, random inspections of the operations of 5 to 10 percent of the registered cremated remains disposers, and is authorized to inspect any place used by a cremated remains disposer for the storage of cremated remains or hydrolyzed remains without notice to the cremated remains disposer.
(b) A violation of the requirements of this section is grounds for disciplinary action.

SEC. 11.

 Section 9745 of the Business and Professions Code is amended to read:

9745.
 (a) Each cremated remains disposer shall file, and thereafter maintain an updated copy of, an annual report on a form prescribed by the bureau. The report shall include, but not be limited to, the names of the deceased persons whose cremated remains or hydrolyzed remains were disposed of, the dates of receipt of the cremated remains or hydrolyzed remains, the names and addresses of the persons who authorized disposal of those remains, the dates and locations of disposal of those remains, and the means and manner of disposition. The report shall cover the fiscal year ending on June 30th and shall be filed with the bureau no later than September 30th of each year.
(b) A cremated remains disposer that makes a willful and material false statement regarding the disposal of cremated remains or hydrolyzed remains in the annual report filed or updated pursuant to subdivision (a) shall be subject to disciplinary action.
(c) Any cremated remains disposer that makes a willful and material false statement in the annual report filed or updated pursuant to subdivision (a) shall be guilty of a misdemeanor.

SEC. 12.

 Section 9748 of the Business and Professions Code is amended to read:

9748.
 Any person who scatters cremated human remains or hydrolyzed remains without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person scattered shall constitute a separate violation.

SEC. 13.

 Section 9749 of the Business and Professions Code is amended to read:

9749.
 Any person who scatters any cremated human remains or hydrolyzed remains without specific written instructions from the person having the right to control the disposition of the remains or who scatters any remains in a manner not in accordance with those instructions shall be guilty of a misdemeanor.

SEC. 14.

 Section 9749.3 of the Business and Professions Code is amended to read:

9749.3.
 A cremated remains disposer who stores cremated remains or hydrolyzed remains in a reckless manner that results in either of the following is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment:
(a) Loss of all or part of the cremated remains or hydrolyzed remains.
(b) Inability to individually identify the cremated remains or hydrolyzed remains.

SEC. 15.

 Article 9 (commencing with Section 9789.1) is added to Chapter 19 of Division 3 of the Business and Professions Code, to read:
Article  9. Hydrolysis

9789.1.
 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.

9789.2.
 A change in the ownership of a hydrolysis facility shall be reported to the bureau. A transfer in a single transaction or a related series of transactions of more than 50 percent of the equitable interest in a licensed hydrolysis facility shall constitute a change of ownership. When a change of ownership in a hydrolysis facility occurs, the existing hydrolysis facility license shall lapse and the new owner shall obtain a new license from the bureau as otherwise provided in this act. The bureau shall not require an applicant under this section to obtain any new permit or license from any other governmental agency when the existing permit or license is valid.

9789.3.
 The application for a hydrolysis facility license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fees required by this article and shall show that the applicant owns or is actively operating a hydrolysis facility in this state or that the applicant is in a position to commence operating the hydrolysis facility.

9789.4.
 (a) The bureau shall require the applicant to prove compliance with all applicable laws, rules, regulations, ordinances, and orders, and shall not issue 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) (1) The applicant must 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, Chapter 6.5 (commencing with Section 25200) of Division 20 of the Health and Safety Code, in particular Section 25200 et seq., Title 22 of the California Code of Regulations, and the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code). The applicant shall be inspected annually by the certified unified program agencies to ensure compliance with the appropriate environmental standards.
(2) The certified unified program agencies shall annually report their findings from the inspections conducted pursuant to paragraph (1) to the bureau.
(c) The bureau, in consultation with the appropriate state agency or agencies, shall 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 subdivision (b), as well as any other documentation necessary for a hydrolysis facility applicant to prove compliance with all applicable environmental rules and regulations.

9789.5.
 (a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge, experience, and financial responsibility for applicants for a hydrolysis facility license. In reviewing an application for a hydrolysis facility license, the bureau may consider acts of the applicant, including acts of incorporators, officers, directors, and stockholders, which shall constitute grounds for the denial of a hydrolysis facility license pursuant to Division 1.5 (commencing with Section 475).
(b) The bureau, in consultation with the appropriate state agency or agencies, shall adopt rules and regulations regarding the minimum system requirements for allowable hydrolysis vessels chambers in order for hydrolysis facilities to be licensed, including, but not limited to, the pH range that the vessel chamber must be fully compatible with, the minimum temperature that the vessel chamber must be able to reach, and the duration of time that the vessel chamber must be able to sustain that temperature for the complete destruction of pathogens. In addition, the bureau shall require that allowable hydrolysis vessels chambers 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 chamber uses applied pressure.
(c) Upon receipt of an application for a hydrolysis facility license, the bureau may investigate, or cause an investigation to be made of, 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 this article, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(d) At the time of the filing of the application required by this article, the applicant shall pay to the Cemetery Fund the sum fixed by the bureau at not in excess of the reasonable cost of investigation or four hundred dollars ($400) to defray the expenses of investigation. In the event the sum shall be 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 the department’s expenses, provided that the total sum shall not exceed nine hundred dollars ($900).

9789.6.
 No hydrolysis facility licensed pursuant to this article shall conduct 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 shall occur not 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.

9789.7.
 A hydrolysis facility licensee that prohibits relatives or the responsible party from viewing the hydrolysis process shall disclose this fact in writing to the person or persons entitled to custody of the remains prior to the signing of any contract.

9789.8.
 A hydrolysis facility licensee shall keep records and relevant permits as required by the bureau to ensure compliance with all laws relating to the disposition of hydrolyzed remains and shall file annually with the bureau a report, in the form prescribed by the bureau, 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.

9789.9.
 A hydrolysis facility licensee operating a hydrolysis facility licensed pursuant to this article shall 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 four hundred dollars ($400). In addition to an annual regulatory charge for each hydrolysis facility, every licensee operating a hydrolysis facility licensed pursuant to this article shall pay an additional charge to be fixed by the bureau at not more than eight dollars and fifty cents ($8.50) per hydrolysis that occurred during the preceding quarter, which charges shall be deposited in the Cemetery Fund.

9789.10.
 (a) Each hydrolysis facility for which a license is required shall 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 evidencing an understanding of the applicable provisions of this code and Division 7 (commencing with Section 7000) and Division 8 (commencing with Section 8100) of the Health and Safety Code.
(b) No person shall engage in the business of, act in the capacity of, or advertise or assume to act as, a hydrolysis facility manager without first obtaining a license from the bureau.

9789.11.
 (a) A hydrolysis facility shall at all times employ a licensed hydrolysis facility manager to manage, supervise, and direct its operations.
(b) A hydrolysis facility owner shall designate a licensed hydrolysis facility manager to manage the hydrolysis facility and shall report the designation, including a change in the designation of a manager, to the bureau within 10 days of the effective date of designation.
(c) The designated hydrolysis facility 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 this code, the Health and Safety Code, and any regulations adopted pursuant thereto. Failure of the designated hydrolysis facility manager or the licensed hydrolysis facility to exercise that supervision or control shall constitute a ground for disciplinary action.
(d) A hydrolysis facility may 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.

9789.12.
 (a) The application for a hydrolysis facility manager license shall be made in writing on the form provided by the bureau, verified by the applicant, and filed at the principal office of the bureau. The application shall be accompanied by the fee fixed by this chapter.
(b) 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 under Section 480, shall demonstrate compliance with the training and experience requirements established by the bureau, and shall be a resident of this state.
(c) The bureau shall grant a hydrolysis facility manager license to any applicant who meets the requirements of this chapter and who has successfully passed the hydrolysis facility manager examination administered by the bureau.

9789.13.
 (a) No person shall engage in or conduct, or hold 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.
(b) No licensed hydrolysis facility manager shall engage in or conduct, or hold 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.

9789.14.
 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 section shall be a separate violation.

9789.15.
 A hydrolysis facility licensee shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 9725).

9789.16.
 The bureau shall annually conduct, at a minimum, one unannounced inspection visit for each licensed hydrolysis facility.

9789.20.
 This article shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.

SEC. 16.

 Section 7002.5 is added to the Health and Safety Code, to read:

7002.5.
 “Hydrolyzed remains” means bone fragments of a human body that are left after hydrolysis in a hydrolysis facility. “Hydrolyzed remains” does not include foreign materials, pacemakers, or prostheses.

SEC. 17.

 Section 7003 of the Health and Safety Code is amended to read:

7003.
 “Cemetery” means either of the following:
(a) Any of the following that is used or intended to be used and dedicated for cemetery purposes:
(1) A burial park, for earth interments.
(2) A mausoleum, for crypt or vault interments.
(3) A crematory and columbarium, for internment of cremated remains or hydrolyzed remains.
(b) A place where six or more human bodies are buried.

SEC. 18.

 Section 7006.1 is added to the Health and Safety Code, to read:

7006.1.
 “Hydrolysis facility” means a building or structure containing one or more vessels chambers for the reduction of bodies of deceased persons by alkaline hydrolysis.

SEC. 19.

 Section 7006.4 is added to the Health and Safety Code, to read:

7006.4.
 “Hydrolysis vessel chamber” means the enclosed space within which the hydrolysis of human remains is performed and any other attached, nonenclosed, mechanical components that are necessary for the safe and proper functioning of the equipment. Allowable hydrolysis vessels chambers 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.

SEC. 20.

 Section 7006.6 is added to the Health and Safety Code, to read:

7006.6.
 “Hydrolysis container” means a hydrolyzable 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 chamber for alkaline hydrolysis.

SEC. 21.

 Section 7006.8 is added to the Health and Safety Code, to read:

7006.8.
 “Hydrolyzed remains container” means a receptacle in which hydrolyzed remains are placed after hydrolysis.

SEC. 22.

 Section 7010.1 is added to the Health and Safety Code, to read:

7010.1.
 “Hydrolysis” means the process by which the following three steps are taken:
(a) The reduction of the body of a deceased person to its essential chemical components by alkaline hydrolysis. 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.
(b) 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.
(c) The processing of the remains after removal from the hydrolysis chamber pursuant to Section 7010.3.

SEC. 23.

 Section 7010.3 of the Health and Safety Code is amended to read:

7010.3.
 “Processing” means the removal of foreign objects, pursuant to Section 7051, and the reduction of the particle size of cremated remains or hydrolyzed remains by mechanical means including, but not limited to, grinding, crushing, and pulverizing to a consistency appropriate for disposition.

SEC. 24.

 Section 7010.7 of the Health and Safety Code is amended to read:

7010.7.
 “Scattering” means the authorized dispersal of cremated remains or hydrolyzed remains at sea, in other areas of the state, or commingling in a defined area within a dedicated cemetery, in accordance with this part.

SEC. 25.

 Section 7011 of the Health and Safety Code is amended to read:

7011.
 “Inurnment” means placing cremated remains or hydrolyzed remains in a cremated remains or hydrolyzed remains container suitable for placement, burial, or shipment.

SEC. 26.

 Section 7011.2 of the Health and Safety Code is amended to read:

7011.2.
 “Placement” means the placing of a container holding cremated remains or hydrolyzed remains in a crypt, vault, or niche.

SEC. 27.

 Section 7015 of the Health and Safety Code is amended to read:

7015.
 “Crypt” or “vault” means a space in a mausoleum of sufficient size, used or intended to be used, to entomb human remains that have been neither cremated nor hydrolyzed.

SEC. 28.

 Section 7016 of the Health and Safety Code is amended to read:

7016.
 “Niche” means a space in a columbarium used, or intended to be used, for the placement of cremated remains or hydrolyzed remains.

SEC. 29.

 Section 7051 of the Health and Safety Code is amended to read:

7051.
 Every person who removes any part of any human remains from any place where it has been interred, or from any place where it is deposited while awaiting interment, cremation, or hydrolysis, with intent to sell it or to dissect it, without authority of law, or written permission of the person or persons having the right to control the remains under Section 7100, or with malice or wantonness, has committed a public offense that is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
This section shall not prohibit the removal of foreign materials, pacemakers, or prostheses from cremated remains or hydrolyzed remains by an employee of a licensed crematory or licensed hydrolysis facility prior to final processing of remains. Dental gold or silver, jewelry, or mementos, to the extent that they can be identified, may be removed by the employee prior to final processing if the equipment is such that it will not process these materials. However, any dental gold and silver, jewelry, or mementos that are removed shall be returned to the urn or cremated remains container or hydrolyzed remains container, unless otherwise directed by the person or persons having the right to control the disposition.

SEC. 30.

 Section 7051.5 of the Health and Safety Code is amended to read:

7051.5.
 Every person who removes or possesses dental gold or silver, jewelry, or mementos from any human remains without specific written permission of the person or persons having the right to control those remains under Section 7100 is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. The fact that residue and any unavoidable dental gold or dental silver, or other precious metals remain in the cremation chamber, hydrolysis vessel chamber, or other equipment or any container used in a prior cremation or hydrolysis is not a violation of this section.

SEC. 31.

 Section 7052 of the Health and Safety Code is amended to read:

7052.
 (a) Every person who willfully mutilates, disinters, removes from the place of interment, or commits an act of sexual penetration on, or has sexual contact with, any remains known to be human, without authority of law, is guilty of a felony. This section does not apply to any person who, under authority of law, removes the remains for reinterment, or performs a cremation or hydrolysis.
(b) For purposes of this section, the following definitions apply:
(1) “Sexual penetration” means the unlawful penetration of the vagina or anus, however slight, by any part of a person’s body or other object, or any act of sexual contact between the sex organs of a person and the mouth or anus of a dead body, or any oral copulation of a dead human body for the purpose of sexual arousal, gratification, or abuse.
(2) “Sexual contact” means any willful touching by a person of an intimate part of a dead human body for the purpose of sexual arousal, gratification, or abuse.

SEC. 32.

 Section 7052.5 of the Health and Safety Code is amended to read:

7052.5.
 Notwithstanding the provisions of Section 7052, cremated remains or hydrolyzed remains may be removed from the place of interment for disposition as provided in Section 7054.6 or for burial at sea as provided in Section 7117.

SEC. 33.

 Section 7054 of the Health and Safety Code is amended to read:

7054.
 (a) (1) Except as authorized pursuant to the sections referred to in subdivision (b), every person who deposits or disposes of any human remains in any place, except in a cemetery, is guilty of a misdemeanor.
(2) Every licensee or registrant pursuant to Chapter 12 (commencing with Section 7600) or Chapter 19 (commencing with Section 9600) of Division 3 of the Business and Professions Code and the agents and employees of the licensee or registrant, or any unlicensed person acting in a capacity in which a license from the Cemetery and Funeral Bureau is required, who, except as authorized pursuant to the sections referred to in subdivision (b), deposits or disposes of any human remains in any place, except in a cemetery, is guilty of a misdemeanor that shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding ten thousand dollars ($10,000), or both that imprisonment and fine.
(b) Cremated remains or hydrolyzed remains may be disposed of pursuant to Sections 7054.6, 7116, 7117, and 103060.
(c) Subdivision (a) of this section shall not apply to the reburial of Native American remains under an agreement developed pursuant to subdivision (l) of Section 5097.94 of the Public Resources Code, or implementation of a recommendation or agreement made pursuant to Section 5097.98 of the Public Resources Code.

SEC. 34.

 Section 7054.1 of the Health and Safety Code is amended to read:

7054.1.
 No cremated remains or hydrolyzed remains shall be removed from the place of cremation or hydrolysis, nor shall there be any charge for the cremation or hydrolysis, unless the cremated remains have been processed so that they are suitable for inurnment within a cremated remains container, hydrolyzed remains container, or an urn. Every contract for cremation services or hydrolysis services shall include specific written notification of the processing to the person having the right to control the disposition of the remains under Section 7100.

SEC. 35.

 Section 7054.6 of the Health and Safety Code is amended to read:

7054.6.
 (a) Except as provided in subdivision (b), cremated remains and hydrolyzed remains may be removed in a durable container from the place of cremation, hydrolysis, or interment and kept in or on the real property owned or occupied by a person described in Section 7100 or any other person, with the permission of the person with the right to disposition, or the durable container holding the cremated or hydrolyzed remains may be kept in a church or religious shrine, if written permission of the church or religious shrine is obtained and there is no conflict with local use permit requirements or zoning laws, if the removal is under the authority of a permit for disposition granted under Section 103060. The placement, in any place, of six or more cremated or hydrolyzed remains under this section does not constitute the place a cemetery, as defined in Section 7003.
(b) Notwithstanding any other provision of law, cremated remains or hydrolyzed remains may be placed in one or more keepsake urns. Keepsake urns shall be kept as authorized by the person or persons with the right to control disposition pursuant to Section 7100, provided that a permit for disposition of human remains pursuant to Section 103060 is issued by the local registrar for each keepsake urn designating the home address of each person receiving a keepsake urn and a permit fee pursuant to Section 103065 is paid. No keepsake urn shall be subject to Section 8345. For purposes of this section, a keepsake urn shall mean a closed durable container that will accommodate an amount of cremated or hydrolyzed remains not to exceed one cubic centimeter.
(c) Prior to disposition of cremated remains or hydrolyzed remains, every licensee or registrant pursuant to Chapter 12 (commencing with Section 7600) or Chapter 19 (commencing with Section 9600) of Division 3 of the Business and Professions Code, and the agents and employees of the licensee or registrant shall do all of the following:
(1) Remove the cremated or hydrolyzed remains from the place of cremation in a durable container.
(2) Keep the cremated or hydrolyzed remains in a durable container.
(3) Store the cremated or hydrolyzed remains in a place free from exposure to the elements.
(4) Responsibly maintain the cremated or hydrolyzed remains.

SEC. 36.

 Section 7054.7 of the Health and Safety Code is amended to read:

7054.7.
 (a) Except with the express written permission of the person entitled to control the disposition of the remains, no person shall:
(1) Cremate the remains of more than one person at the same time in the same cremation chamber, or introduce the remains of a second person into a cremation chamber until incineration of any preceding remains has been terminated and reasonable efforts have been employed to remove all fragments of the preceding remains. The fact that there is residue in the cremation chamber or other equipment or any container used in a prior cremation is not a violation of this section.
(2) Dispose of or scatter cremated remains in a manner or in a location that the remains are commingled with those of another person. This paragraph shall not apply to the scattering of cremated remains at sea from individual containers or to the disposal in a dedicated cemetery of accumulated residue removed from a cremation chamber or other cremation equipment.
(3) Place cremated remains, hydrolyzed remains, or uncremated remains of more than one person in the same container or the same interment space. This paragraph shall not apply to the following:
(A) Interment of members of the same family in a common container designed for the cremated remains or hydrolyzed remains of more than one person.
(B) Interment in a space or container that has been previously designated at the time of sale as being intended for the interment of remains of more than one person.
(C) Disposal in a dedicated cemetery of residue removed from a cremation chamber or other cremation equipment.
(b) Written acknowledgment from the person entitled to control the disposition of the cremated remains shall be obtained by 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: “The human body burns with the casket, container, or other material in the cremation chamber. Some bone fragments are not combustible at the incineration temperature and, as a result, remain in the cremation chamber. During the cremation, the contents of the chamber may be moved to facilitate incineration. The chamber is composed of ceramic or other material which disintegrates slightly during each cremation and the product of that disintegration is commingled with the cremated remains. Nearly all of the contents of the cremation chamber, consisting of the cremated remains, disintegrated chamber material, and small amounts of residue from previous cremations, are removed together and crushed, pulverized, or ground to facilitate inurnment or scattering. Some residue remains in the cracks and uneven places of the chamber. Periodically, the accumulation of this residue is removed and interred in a dedicated cemetery property, or scattered at sea.” The acknowledgment shall be filed and retained, for at least five years, by the person who disposes of or inters the remains.
(c) Any person, including any corporation or partnership, knowingly violating any provision of this section is guilty of a misdemeanor.

SEC. 37.

 Section 7054.8 is added to the Health and Safety Code, to read:

7054.8.
 (a) Except with the express written permission of the person entitled to control the disposition of the remains, no person shall do any of the following:
(1) Hydrolyze the remains of more than one person at the same time in the same hydrolysis vessel chamber, or introduce the remains of a second person into a hydrolysis vessel chamber until dissolution of any preceding remains has been terminated and reasonable efforts have been employed to remove all fragments of the preceding remains. The fact that there is residue in the hydrolysis vessel chamber or other equipment or any container used in a prior cremation is not a violation of this section.
(2) Dispose of or scatter hydrolyzed remains in a manner or in such a location that the remains are commingled with those of another person. This paragraph shall not apply to the scattering of hydrolyzed remains at sea from individual containers or to the disposal in a dedicated cemetery of accumulated residue removed from processing equipment.
(3) Place hydrolyzed remains or other remains of more than one person in the same container or the same interment space. This paragraph shall not apply to the following:
(A) Interment of members of the same family in a common container designed for the hydrolyzed remains or cremated remains of more than one person.
(B) Interment in a space or container that has been previously designated at the time of sale as being intended for the interment of remains of more than one person.
(C) Disposal in a dedicated cemetery of residue removed from processing equipment.
(b) Written acknowledgment from the person entitled to control the disposition of the hydrolyzed remains shall be obtained by 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 hydrolyzed 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.
(c) A person, including any corporation or partnership, violating any provision of this section is guilty of a misdemeanor.

SEC. 38.

 Section 7055 of the Health and Safety Code is amended to read:

7055.
 (a) Every person, who for himself or herself or for another person, inters, cremates, or hydrolyzes a body or permits the same to be done, or removes any remains, other than cremated remains, from the primary registration district in which the death, cremation, or hydrolysis occurred or the body was found, except a removal by a funeral director in a funeral director’s conveyance or an officer of a duly accredited medical college engaged in official duties with respect to the body of a decedent who has willfully donated his or her body to the medical college from that registration district or county to another registration district or county, or within the same registration district or county, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found; or removes interred human remains from the cemetery in which the interment occurred, or removes cremated remains or hydrolyzed remains from the premises on which the cremation or hydrolysis occurred without the authority of a removal permit is guilty of a misdemeanor and punishable as follows:
(1) For the first offense, by a fine of not less than ten dollars ($10) nor more than five hundred dollars ($500).
(2) For each subsequent offense, by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) or imprisonment in the county jail for not more than 60 days, or by both.
(b) Notwithstanding subdivision (a), a funeral director of a licensed out-of-state funeral establishment may transport human remains out of this state without a removal permit when he or she is acting within the requirements specified in subdivision (b) of Section 103050.

SEC. 39.

 Section 7116 of the Health and Safety Code is amended to read:

7116.
 Cremated remains or hydrolyzed remains may be scattered in areas where no local prohibition exists, provided that the cremated remains or hydrolyzed remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the cremated remains or hydrolyzed remains has obtained written permission of the property owner or governing agency to scatter on the property. A state or local agency may adopt an ordinance, regulation, or policy, as appropriate, authorizing, consistent with this section, or specifically prohibiting, the scattering of cremated remains or hydrolyzed remains on lands under the agency’s jurisdiction. The scattering of the cremated remains or hydrolyzed remains of more than one person in one location pursuant to this section shall not create a cemetery pursuant to Section 7003 or any other provision of law.

SEC. 40.

 Section 7117 of the Health and Safety Code is amended to read:

7117.
 (a) Cremated remains or hydrolyzed remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed remains shall be removed from their container before the remains are scattered at sea.
(b) Any person who scatters at sea, either from a boat or from the air, any human cremated remains or hydrolyzed remains shall, file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.
(c) For purposes of this section, the phrase “at sea” includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. Nothing in this section shall be construed to allow the scattering of cremated remains or hydrolyzed remains from a bridge or pier.
(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed remains of a deceased person may be scattered at sea as provided in this section and Section 103060.

SEC. 41.

 Article 8 (commencing with Section 8370) is added to Chapter 2 of Part 3 of Division 8 of the Health and Safety Code, to read:
Article  8. Hydrolysis Facilities

8370.
 All hydrolyzed remains not disposed of in accordance with this chapter, within one year, shall be interred.

8372.
 No hydrolysis facility shall make or enforce any rules requiring that human remains be placed in a casket before hydrolysis or that human remains be hydrolyzed in a casket, nor shall a hydrolysis facility refuse to accept human remains for hydrolysis for the reason that they are not in a casket. Every director, officer, agent, or representative of a hydrolysis facility who violates this section is guilty of a misdemeanor. Nothing in this section shall be construed to prohibit the requiring of some type of container or disposal unit.

8373.
 (a) A hydrolysis facility shall maintain on its premises, or other business location within the state, an accurate record of all hydrolyses performed, including all of the following information:
(1) Name of referring funeral director, if any.
(2) Name of deceased.
(3) Date of hydrolysis.
(4) Name of hydrolysis vessel chamber operator.
(5) Date that body was inserted in hydrolysis vessel chamber.
(6) Date that body was removed from hydrolysis vessel chamber.
(7) Date that final processing of hydrolyzed remains was completed.
(8) Disposition of hydrolyzed remains.
(9) Name and address of authorizing agent.
(10) The identification number assigned to the deceased, pursuant to Section 8374.
(11) A photocopy of the disposition permit filed in connection with the disposition.
(12) The pH of the hydrolysis effluent to be disposed of after completion of the hydrolysis.
(13) The equilibrium temperature during the hydrolysis procedure, and the time duration at that temperature.
(14) The pressure during the equilibrium temperature, if external pressure is applied.
(15) Any documentation of compliance with appropriate environmental and safety laws.
(b) This information shall be maintained for at least 10 years after the hydrolysis is performed and shall be subject to inspection by the Cemetery and Funeral Bureau.

8374.
 (a) (1) (A) A hydrolysis facility shall 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. After
(B) After hydrolysis, an identifying disk, tab, or other permanent label shall be placed within the urn or hydrolyzed remains container before the hydrolyzed remains are released from the hydrolysis facility. Each
(C) Each identification disk, tab, or label shall contain the license number of the hydrolysis facility and shall have a unique number that shall be recorded on all paperwork regarding the decedent’s case and in the hydrolysis facility log. Each hydrolysis facility shall maintain a written procedure for identification of remains.
(2) The requirement described in subparagraph (B) of paragraph (1) shall not apply to hydrolyzed remains placed in a keepsake urn, as authorized in subdivision (b) of Section 7054.6, if space does not permit.
(b) A hydrolysis facility that fails, when requested by an official of the Cemetery and Funeral 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 Cemetery Board Chief of the Cemetery and Funeral Bureau. The license of the hydrolysis facility shall be suspended pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no identification procedure is produced for review after 15 working days have elapsed.

8375.
 A hydrolysis facility regulated by the Cemetery and Funeral Bureau shall knowingly hydrolyze only human remains in hydrolysis chambers, along with the hydrolysis container.

8376.
 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.

8377.
 A hydrolysis facility shall not accept human remains for hydrolysis unless the remains meet all of the following requirements:
(a) The remains shall be in a hydrolysis container, as defined.
(b) The hydrolysis container shall be labeled with the identity of the decedent.
(c) The remains have not been embalmed.

8378.
 Within two hours after a licensed hydrolysis facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than 50 degrees Fahrenheit, unless the hydrolysis process will begin within 24 hours of the time that the hydrolysis facility took custody.

8379.
 Every hydrolysis facility manager or duly authorized representative shall 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. This information shall be provided over the telephone when requested. Any written or printed list shall identify the hydrolysis facility and shall contain, at a minimum, the current address and telephone number of the Cemetery and Funeral Bureau in 8-point boldface type, or larger.

8380.
 (a) The hydrolysis facility licensee, or its authorized representatives, shall provide instruction to all hydrolysis facility personnel involved in the hydrolysis process. This instruction shall lead to a demonstrated knowledge on the part of an employee regarding identification procedures used during hydrolysis, operation of the hydrolysis chamber and processing equipment, safe work practices and procedures for the handling of corrosive materials, and all laws relevant to the handling of a body and hydrolyzed remains. This instruction shall be outlined in a written plan maintained by the hydrolysis facility licensee for inspection and comment by an inspector of the Cemetery and Funeral Bureau.
(b) No employee of a hydrolysis facility shall be allowed to operate 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. The hydrolysis facility licensee shall maintain a record to document that an employee has received the training specified in this section.
(c) A hydrolysis facility that fails, when requested by an official of the bureau, to produce a written employee instruction plan or record of employee training for inspection, shall have 15 working days from the time of the request to produce a plan or training record for review by the executive officer of the bureau. The license of the hydrolysis facility shall be suspended, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no plan or training record is produced for review after 15 working days have elapsed.

8381.
 This article shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.

SEC. 42.

 Section 103055 of the Health and Safety Code is amended to read:

103055.
 (a)  If the certificate of death is properly executed and complete, the local registrar of births and deaths shall issue a permit for disposition, that in all cases, shall specify any one of the following:
(1)  The name of the cemetery where the remains shall be interred.
(2)  Burial at sea as provided in Section 7117.
(3)  The address or description of the place where remains shall be buried or scattered.
(4)  The address of the location where the cremated remains or hydrolyzed remains will be kept, as provided in Section 7054.6, under the conditions the state registrar may approve, including, but not limited to, conditions in keeping with public sensibilities, applicable laws, and reasonable assurances that the disposition will be carried out in accordance with the prescribed conditions and will not constitute a private or public nuisance.
(b)  Notwithstanding any other provisions of this part relative to issuance of a permit for disposition, whenever the death occurred from a disease declared by the state department to be infectious, contagious, or communicable and dangerous to the public health, no permit for the disposition of the body shall be issued by the local registrar, except under those conditions as may be prescribed by the state department and local health officers.

SEC. 43.

 Section 103060 of the Health and Safety Code is amended to read:

103060.
 A permit for disposition for the purpose of removing cremated remains or hydrolyzed remains from the place of cremation, hydrolysis, or interment shall include a description of the final place of disposition sufficient to identify the place and shall be issued by the local registrar to the person having the right to control the disposition of the remains under Section 7100 upon the application of that person.
A permit for disposition shall be issued under this section only upon the signed acknowledgement by the person making application that trespass and nuisance laws apply to the disposition and that the permit gives no right of unrestricted access to property not owned by the person for the purpose of disposing of the remains.
The person to whom the permit for disposition was issued shall sign the permit, endorse upon it the date of final disposition and, within 10 days, return the first copy of the permit so endorsed to the local registrar of the district in which the disposition took place. The third copy of the permit shall be returned to the office of issuance. After one year the local registrar may destroy any original or duplicate permit retained by him or her pursuant to this section.

SEC. 44.

 Section 103080 of the Health and Safety Code is amended to read:

103080.
 The person in charge of the place of interment, or the funeral director or person acting as funeral director if no person is in charge, shall sign the permit, endorse upon it the date of interment, hydrolysis, or cremation, and, within 10 days, return the first copy of the permit so endorsed to the local registrar of the district in which the interment took place. The third copy of the permit shall be returned to the office of issuance. After one year the local registrar may destroy any original or duplicate permit retained by the local registrar pursuant to this section.

SEC. 42.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 45.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.