This section of the website is devoted to keeping you informed of the legislative and agency process to authorize bio cremation using alkaline hydrolysis.
Cremation Association of North America
Founded in 1913, the Cremation Association of North America (CANA) is an International organization of over 1,200 members, composed of cremationists, funeral directors, funeral home operators and owners, cemeterians, industry suppliers and consultants.
CANA’s goal is to serve everyone with an interest in cremation with the best information, training, and experience. You can learn more by visiting their website at www.cremationassociation.org.
CANA also has a long history devoted to the proper treatment and respect for those who have chosen cremation. In this regard, CANA has developed a model law for state legislatures to consider when enacting cremation related statutes and codes.
Click this link to read the CANA Model Law and related explanations.
State Legislation
Below is a brief summary of states where legislative activity has occurred. Each summary includes a link to a copy of the proposed legislation, new law or rule.
Once a legislative bill is signed into law, most state agencies responsible for administering the new law will hold public hearings to adopt administrative rules. These rules have the binding effect of law and help to clarify how the agency will conduct its business as it relates to protecting the consumer and mandating compliance.
Unlike state legislatures that generally meet only once a year, state agencies may hold public hearings throughout the year and as often as deemed necessary. Generally speaking, most state agencies take 180 days to complete the hearing process and adopt changes to their administrative rules.
See the state summaries below for legislative action, effective date of new laws and the status of any agency public hearing.
California (2013 Legislation)
AB 764 has been filed by Assemblyman Eric Linder. This bill would establish a pilot program for the funeral bureau to authorize a limited number of crematory licenses to alkaline hydrolysis facilities. The bill would set forth requirements for participation in the pilot program to include a licensed crematory manager, compliance with local water treatment and waste-water control laws and inspection annually by the funeral bureau.
The bill has been referred to the Assembly Committee on Business, Professions and Consumer Protection.
To read a copy of the bill, click here…
California (Department of Public Health approves first Bio-Cremator)
On August 17, 2012 the California Department of Public Health (DPH) issued an approval letter and permit to the UCLA Donated Body Program for the first alkaline hydrolysis unit in the state of California. The approval includes the reduction of human remains and the destruction of pathogenic microorganisms found in human remains. Matthews International Cremation Division has the exclusive rights to market and service the BIO-Cremator in North America.
The DPH approval letter and permit validates the Bio-Cremator S750 Model to be safe and effective in destroying all pathogens (prions, viruses and bacteria) before they are discharged to a municipal waste water treatment facility. With this approval and supporting documentation, the California Assembly should not have to appropriate funding in 2013 to draft the agency administrative rules.
Colorado (2011 Law)
On April 6, 2011, Governor John W Hickenlooper signed into law HB 11-1178. The legislation was supported by the Colorado Funeral Directors Association. The bill made several technical changes to existing law, including the deletion of “direct exposure to intense heat” as the only acceptable method for cremation. This change now makes it possible to use alkaline hydrolysis as a method of final disposition. The effective date of the new law is August 10, 2011.
Assemblyman Jeff Miller has introduced AB 4 – for the 2011 Session. The bill is a work product of a series of stakeholder meetings over the past several months. The new bill creates a separate permitting, licensing and regulatory statute for alkaline hydrolysis that is parallel (very similar) to existing statutes for cremation.
To read a copy of the law, click here…
This past year (2010) AB 2283 by Asm. Miller enjoyed unanimous, bi-partisan support in the Assembly. But, the legislation was never heard in the Senate because the Water Quality Committee staff and the Business and Professions Committee staff were not able to complete their research and analysis of the BIO Cremation process before adjournment.
As written, AB 4 is expected to pass the California Assembly in 2011. If you would like to see a copy of the legislation as introduced, please click here.
Assemblyman Jeff Miller has introduced AB 4 – for the 2011 Session. The bill is a work product of a series of stakeholder meetings over the past several months. The new bill creates a separate permitting, licensing and regulatory statute for alkaline hydrolysis that is parallel (very similar) to existing statutes for cremation.
This past year (2010) AB 2283 by Asm. Miller enjoyed unanimous, bi-partisan support in the Assembly. But, the legislation was never heard in the Senate because the Water Quality Committee staff and the Business and Professions Committee staff were not able to complete their research and analysis of the BIO Cremation process before adjournment.
As written, AB 4 is expected to pass the California Assembly in 2011. If you would like to see a copy of the legislation as introduced, please click here.
Assemblyman Jeff Miller has introduced AB 4 – for the 2011 Session. The bill is a work product of a series of stakeholder meetings over the past several months. The new bill creates a separate permitting, licensing and regulatory statute for alkaline hydrolysis that is parallel (very similar) to existing statutes for cremation.
This past year (2010) AB 2283 by Asm. Miller enjoyed unanimous, bi-partisan support in the Assembly. But, the legislation was never heard in the Senate because the Water Quality Committee staff and the Business and Professions Committee staff were not able to complete their research and analysis of the BIO Cremation process before adjournment.
As written, AB 4 is expected to pass the California Assembly in 2011. If you would like to see a copy of the legislation as introduced, please click here.
Florida (2009 Law)
In 2009 the Florida Deathcare Coalition supported an industry bill to authorized columbaria on college campuses and a technical amendment to existing statutes to authorize bio cremation using alkaline hydrolysis. This simple change was made possible by a legislative change in 2004 that codified many of the proposed changes in the CANA Model Law.
The effective date of the new law is July 1, 2009. On August 5, 2009 the Florida Funeral Cemetery and Consumer Services Board reviewed the new legislation, a legal analysis of the new changes and determined that no additional rule-making was necessary for implementation or compliance.
In November 2011, Matthews Cremation Division installed the first commercial human BIO Cremator in St. Petersburg, Florida.
To read a copy of the law, click here…
Illinois (2012 Law)
Effective February 6, 2012, Governor Pat Quinn has signed into law SB 1830 (Chapter 97-0679) that was passed by the 2011 Legislature.
The new law redefines "Cremation" to include the technical process, using heat and flame, or alkaline hydrolysis that reduces human remains to bone fragments. The reduction takes place through heat and evaporation or through hydrolysis.
The new law also redefines "Green burial or cremation disposition" to include burial or cremation practices that reduce the greenhouse gas emissions, waste, and toxic chemicals ordinarily created in burial or cremation or, in the case of greenhouse gas emissions, mitigate or offset emissions. Such practices include any standards or method for burial or cremation that the Department may name by rule.
The Illinois law also mandates that all crematories shall be subject to all Local, State, and Federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department of Financial and Professional Regulation, the Department of Public Health, the Federal Department of Health and Human Services, and the Illinois and Federal Environmental Protection Agencies, or such other appropriate Local, State, or Federal agencies.
If you would like to read a copy of the law, please click here...
Indiana (2013 Legislation)
HB 1285 has been filed by Representative Jeffery Thompson. The bill provides for alkaline hydrolysis as a means for dissolution of human remains. The bill requires the State Board of Funeral and Cemetery Services to adopt rules governing the alkaline hydrolysis process.
To read a copy of the bill, click here…
Kansas (2010 Law and 2011 Rule Adoption)
Kansas legislators have approved BIO Cremation using alkaline hydrolysis. Amendment language, taken from the CANA Model Law, was added to Senate Substitute for House Bill 2310, a conference committee bill. The effective date of the new law (KSA 65-1760) is July 1, 2011.
Effective September 16, 2011 the Kansas State Board of Mortuary Arts modified their administrative rules relating to individual licensure of crematory operators but no changes were deemed necessary to the new definition of cremation as defined by the new law.
To read a copy of the law, click here…
Maine (2009 Administrative Rule)
In June 2009, the Division of Environmental Health at the Department of Health and Human Services held a public workshop to consider changes to “Rules for Establishment and Operation of Crematoria” (144 CMR 244).
Public testimony and proposed rule language was presented by Matthews Cremation Division to explain the BIO Cremation process. Public testimony from the Maine Funeral Consumer Advocacy and crematory owners supported adoption of the BIO Cremation language. The agency reviewed the public testimony (based on statutory authority) and submitted a new rule to the Maine Attorney General for legal review. The Attorney General approved the new rule effective October 26, 2009.
To read a copy of the administrative rule, click here…
Maryland (2010 Law passed and 2012 Rule Adoption pending)
The Maryland Legislature has passed HB 995 into law. The bill incorporates language taken from the CANA Model Law. The effective date is October 1, 2011. The new law also directs the State Board of Morticians to adopt rules and regulations no later than the effective date of the new law. Final adoption of the new rule is still pending.
To read a copy of the new law, click here…
Minnesota (2003 Law and 2013 Legislation)
The 2003 Legislature enacted 149A.025 authorizing alkaline hydrolysis. Without providing specifics, the law stipulated that the process would be subject to the same licensing requirements and regulations that applied to cremation, crematories, and cremated remains.
Today there are two alkaline hydrolysis facilities in Minnesota. The Mayo Clinic, in Rochester, MN (2006) for its anatomical donated body program and Bradshaw Celebration of Life Center in Stillwater, MN.
Legislation for 2013 has been filed in the House (HF 1233) by Representatives Thomas Huntley and Rena Moran and in the senate (SF 1034) by Senator Toney Lourey. The bill was developed by a stakeholder workgroup organized by the state Department of Health. The bill conforms’ alkaline hydrolysis to the same or similar requirements imposed on crematories.
To read a copy of the bill, click here...
New Hampshire (2013 Legislation)
HB 316 has been filed by Representative Steve Vaillancourt and others. On March 27, 2013 the bill passed the full House on a voice vote and now travels over to the Senate for consideration.
The bill specifies that alkaline hydrolysis vessels must comply with ASME standards for high heat and high pressure to insure total destruction of pathogens. In addition, the bill conforms’ alkaline hydrolysis licensing requirements to those imposed on licensed crematories.
To read a copy of the bill, click here…
North Carolina (2013 Legislation)
The North Carolina Funeral Directors and Embalmers Board have submitted draft language to authorize alkaline hydrolysis. The language provides that the licensure of alkaline hydrolysis facilities shall have the same requirements and fees as the licensing of crematories. In addition, the language grants to the Board the powers to regulate, enforce, discipline, and inspect hydrolysis licensees and the practice of hydrolysis. At this time the bill has not been assigned a bill number.
To read a copy of the bill, click here...
Oregon (2009 Law and 2012 Rule Adoption)
In 2009 the legislature passed SB 796 to require death care consultants to be licensed, along with several other changes. SB 796 by Senator Walker becomes Chapter 709-2009 Laws.
The effective date of the new law is July 14, 2009.
The new law defines 'Final Disposition' to mean the burial, interment, cremation, dissolution (meaning bio cremation using alkaline hydrolysis) or other disposition of human remains authorized by board rule. The new law also requires the Oregon Mortuary & Cemetery Board to adopt rules promoting environmentally sound death care practices. The effective date of the new rule is April 1, 2012.
To read a copy of the new rule, click here…
Tennessee (2013 Legislation)
HB 1125 has been filed in the House by Representative Richard Floyd and SB 1338 has been filed in the Senate by Mike Bell. This bill allows the disposal of a deceased human body through the process of alkaline hydrolysis. "Alkaline hydrolysis" means the reduction of a deceased human body to essential elements through exposure to a combination of heat and alkaline hydrolysis and the re-positioning or movement of the body during the process to facilitate reduction, and the processing of the remains after removal from the alkaline hydrolysis chamber.
This bill provides that the disposal of a deceased human body through the process of alkaline hydrolysis will be subject to the same licensing requirements and regulations that apply to cremation, crematories, and cremated remains as described in present law. The licensing requirements and regulations of this present law will also apply to the entities where the process of alkaline hydrolysis occurs and to the remains that result from the alkaline hydrolysis process.
To read a copy of the bill, click here...
Other States Considering BIO Cremation Legislation in 2013
For the states listed below, legislation to authorize BIO Cremation using alkaline hydrolysis has been drafted or filed for 2013. If you are interested in supporting this legislation, please contact Steven Schaal at Matthews Cremation Division (800) 327-2831 x 162 or via email sschaal@matw.com
Idaho
Montana
BIO Cremation Legislative Map
Please see the map below for a summary of the legislative status of each state. This map will be continuously updated, so please keep checking back for the current status of your state!
Blue
Legal in these States
Green
Level 1 - Legislation anticipated or pending
White
Level 2 - No legislation currently pending
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