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 list of states where legislation has been filed. For each state, where legislative activity has occurred, there is a brief public summary of action and a link to a copy of the proposed legislation or new law. You can track future activity by clicking the list of states where legislation may occur in the 2011 legislative session.
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 (2010 Legislation)
Update 05/11/2011:
On May 11, 2011, AB 4 appeared on the Assembly Appropriations Committee agenda. The bill was not heard in committee due to projected agency budget cost of more than $150,000 for FY 11/12. (Given the austere budget deficit situation in California, any projected cost to implement a new program in excess of $150,000 (without sufficient program revenue) is placed in a “Suspense file” until further notice. While AB 4 includes a fee structure similar to existing statute for cremation, start-up costs to the state before fees could be collected to offset costs, triggered the referral to Suspense.
Asm. Jeff Miller, the bill sponsor, is optimistic that he can convince members of the Assembly to move the bill forward because it will ultimately generate revenue, create new job opportunities and improve the environment.
Update: 04/27/2011
The California Assembly Committee on Profession, Business and Consumer Protection voted 5-0 to approve AB 4 by Asm. Jeff Miller. The bill now goes to the Committee on Appropriations before reaching the full Assembly. 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.
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.
If you would like to see a copy of the new law, 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.
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 summer of 2010, Matthews Cremation Division will install the first commercial human bio cremator in St. Petersburg, Florida.
To read a copy of the new 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 new law, please click here...
Kansas (2010 Law/Rule-making to follow)
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 is July 1, 2011. During the interim, the Kansas State Board of Mortuary Arts will conduct public workshops for rule-making.
To read a copy of the new 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/Rule-making to follow)
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.
To read a copy of the new law, click here…
Minnesota (2006 Law)
The 2006 Legislature enacted 149A.025 relating to alkaline hydrolysis. The new law states that the process of alkaline hydrolysis shall be subject to the same licensing requirements and regulations that apply to cremation, crematories, and cremated remains as described in this chapter.
Presently, the Mayo Clinic in Rochester, MN is the only facility using the bio cremation process (for its anatomical gift program).
To read a copy of the law, click here...
Oregon (2009 Law)
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.
To read a copy of the new law, click here…
Washington (2010 Agency/Regulatory Board Review)
The Funeral & Cemetery Board (within the Department of Licensing) held a board meeting on April 6, 2010 to discuss Resomation (the name used in Europe for the alkaline hydrolysis process).
Public comments were made by representatives/owners of funeral homes and cemeteries in support of legislation to authorize bio cremation. Written testimony and handout material was presented by Matthews Cremation Division.
The agency is reviewing their existing codes to see what legislation may be required for the 2011 Legislative Session.
….Other States to consider BIO Cremation Legislation in 2012
For the states listed below - legislation to authorize BIO Cremation using alkaline hydrolysis is being drafted. If you are interested in supporting this legislation, please contact Bill McConnaughey at Matthews Cremation Division (800) 327-2831 x 161 or email wmcconnaughey@matw.com
Arizona
Massachusetts
Michigan
Nebraska
New Jersey
New York
North Carolina
Ohio
Oklahoma
Pennsylvania
Tennessee
Texas
Virginia
Washington
Wisconsin
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 being drafted or pending
White
Level 2 - No legislation currently pending
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