Today's Law As Amended


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AB-764 Human Remains.(2013-2014)



As Amends the Law Today


SECTION 1.

 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.
 For purposes of this article, the following definitions shall apply:
(1) “Hydrolysis facility” means a building or structure containing one or more chambers for the reduction of bodies of deceased persons by alkaline hydrolysis.
(2) “Hydrolysis 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 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.
(3) “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 chamber for alkaline hydrolysis.
(4) “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.
(5) “Hydrolyzed remains container” means a receptacle in which hydrolyzed remains are placed after hydrolysis.
(6) “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 of the Health and Safety Code.
9789.2.
 (a) Nothing in this chapter, Chapter 12, or any other law, shall be construed to prohibit a hydrolysis facility from engaging in the practice of alkaline hydrolysis of human remains when authorized as part of the pilot program authorized by this section.
(b) The bureau is authorized to issue a limited crematory license to a hydrolysis facility subject to the following:
(1) The bureau may issue limited crematory licenses to no more than five hydrolysis facilities.
(2) Each hydrolysis facility shall meet the following requirements:
(A) The hydrolysis facility shall be managed by a licensed crematory manager, who has been certified as having received training by the hydrolysis manufacturer, as approved by the bureau.
(B) The hydrolysis facility shall comply with all applicable water treatment and wastewater control laws.
(C) The hydrolysis facility shall present to the bureau any locally required permits for business operations and appropriate state tax documentation.
(c) A licensed hydrolysis facility shall submit to annual inspections by the bureau and any certified uniform program agency. The facility may be additionally inspected at any time by the bureau.
(d) Article 6.5 (commencing with Section 9740) and Article 8 (commencing with Section 9780) shall apply to the hydrolysis of human remains authorized through the pilot program by this section.
97893.
 The requirements of Division 7 (commencing with Section 7000) of the Health and Safety Code apply to this article as follows:
(1) The requirements related to the operation of crematories apply to a hydrolysis facility authorized by this article.
(2) The requirements related to cremated remains shall apply to hydrolyzed remains authorized by this article.
9789.4.
 This article shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.