AB 501

Bill Subjects

Abstract

The Cemetery and Funeral Act provides for the licensure and regulation of cemeteries, crematoria, hydrolysis facilities, cremated remains disposers, funeral establishments, and their personnel by the Cemetery and Funeral Bureau within the Department of Consumer Affairs. Existing law creates the Cemetery and Funeral Fund, which is continuously appropriated for the purpose of implementing the act. Under existing law, the violation of the act is a misdemeanor. Existing law provides for the disposition of human remains and makes specified acts relating to human remains, including improperly disposing of human remains, a crime. This bill, commencing July 1, 2023, would require the bureau to license and regulate reduction facilities, as defined, and would enact requirements applicable to reduction facilities substantially similar to those applicable to crematoria and hydrolysis facilities and would enact provisions relating to the disposition of reduced human remains by integration into the soil. 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 the application for a reduction facility license to be made in writing on the form prescribed by the bureau and accompanied by a licensing fee. The bill would also require a licensed reduction facility to pay a specified fee to the bureau for every reduction during the preceding quarter. The bill would require the bureau to set the licensing and renewal fees and the per reduction fees in amounts that cumulatively do not exceed the reasonable costs of administering the licensing program and would cap the per reduction fee at a maximum of $8.50 per reduction. By depositing moneys in a continuously appropriated fund, this bill would make an appropriation. This bill, commencing July 1, 2023, would require the State Department of Public Health to adopt rules and regulations prescribing the standards for reduction chambers to preserve the public health and safety and to ensure the destruction of pathogenic micro-organisms. The bill would require reduction chamber manufacturers to apply to the State Department of Public Health for approval of reduction chambers for use in the state and to charge a reduction chamber manufacturer a regulatory fee for the evaluation of a reduction chamber, as specified. The bill would prohibit the use of a nonapproved reduction chamber by a reduction facility or its employees. Existing law requires a local registrar of births and deaths to issue permits for the disposition of cremated and hydrolyzed remains. This bill, commencing July 1, 2023, would require a local registrar of births or deaths to issue permits for the disposition of reduced human remains. By increasing the duties of local agencies, the 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 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.