Arizona 2022 2022 Regular Session

Arizona House Bill HB2024 Comm Sub / Analysis

Filed 05/27/2022

                      	HB 2024 
Initials AG 	Page 1 	Transmitted 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
House: HHS DPA 9-0-0-0 | 3
rd
 Read 51-8-1-0 
Senate: COM DP 6-1-2-0 | 3
rd
 Read 23-3-4-0 
 
HB2024: alkaline hydrolysis; facilities; operators; licensure 
Sponsor: Representative Udall, LD 25 
Transmitted to the Governor 
Overview 
Establishes regulation and licensure requirements for alkaline hydrolysis facilities and operators. 
Allows the Board of Funeral Directors and Embalmers to determine amounts for specified fees 
for alkaline hydrolysis facility licenses, operator licenses and permits. 
History 
The Arizona Board of Funeral Directors and Embalmers examines and licenses individuals 
providing funeral goods and services. It accepts complaints against licensed and unlicensed 
individuals and businesses, investigates allegations and enforces the standards of practice, 
professional conduct, competence and consumer disclosure regarding owning or operating 
funeral establishments, crematories, funeral directors, embalming's and cremations (A.R.S. § 32-
1307). 
Provisions  
Arizona Board of Funeral Directors and Embalmers (Board) 
1. Requires the Board to adopt rules for the inspection of alkaline hydrolysis facilities once every 
five years. (Sec. 2) 
2. Directs the Board to establish and collect specified fees in an amount determined by the Board 
for: 
a) A new alkaline hydrolysis facility license;  
b) A change of name or location for an alkaline hydrolysis facility license;  
c) For an alkaline hydrolysis operator license;  
d) For an interim alkaline hydrolysis facility permit; and 
e) For an extension of an interim alkaline hydrolysis facility permit. (Sec. 3) 
3. Allows a licensed alkaline hydrolysis operator who retires from practicing alkaline hydrolysis 
and is not currently practicing to request that the Board place their license on inactive status. 
(Sec.4)  
4. Prohibits a person holding an inactive alkaline hydrolysis license from practicing in this state. 
(Sec. 4) 
Alkaline Hydrolysis Facilities  
5. Prohibits a person from advertising or operating an alkaline hydrolysis facility without obtaining 
a license issued by the Board. (Sec. 5)  
6. Requires a licensed hydrolysis facility to: 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2024 
Initials AG 	Page 2 	Transmitted 
a) Have a building or structure that complies with applicable local and state building codes, 
zoning laws, ordinances, wastewater management, environmental standards and that 
contains one or more alkaline hydrolysis vessels; 
b) Use a method that is approved by the Board to dry the hydrolyzed remains and that occurs 
within the facility; 
c) Have a means approved by the Board for refrigerating dead human bodies awaiting 
alkaline hydrolysis; and 
d) Have an appropriate refrigerated holding facility for dead human bodies awaiting alkaline 
hydrolysis that maintains dead human bodies at or below 38 degrees Fahrenheit. (Sec. 5) 
7. Directs an alkaline hydrolysis facility to: 
a) Employ a licensed alkaline hydrolysis operator to carry out the process of alkaline 
hydrolysis; 
b) Provide proper procedures for all personnel; and 
c) Comply with statute and other applicable state and federal laws relating to occupational 
and workplace health and safety. (Sec. 5) 
8. Requires an application for an alkaline hydrolysis facility to be in a form prescribed by the 
Board and specifies that if the applicant is a business entity the entity must direct a natural 
person who is an owner of the entity to submit its application. (Sec. 5) 
9. Requires the application to be subscribed under oath, be accompanied by an applicable fee 
and any additional information that the Board deems necessary. (Sec. 5) 
10. Requires a business entity that applies for an alkaline hydrolysis facility license to submit to 
the Board with its application for licensure a copy of its partnership agreement, its articles of 
incorporation or organization or any other documents required to be filed with the corporation 
commission.  
11. Outlines requirements that an applicant must meet for an alkaline hydrolysis facility license. 
(Sec. 5) 
12. Requires the Board or its designee to inspect the premises of an alkaline hydrolysis facility 
and investigate the character and other qualifications of all applicants for licensure to 
determine whether the alkaline hydrolysis facility and applicants are complying with statute 
and rules adopted by the Board. (Sec. 5) 
13. Specifies that if the Board finds that the applicant meets the criteria for an alkaline hydrolysis 
facility license, the Board must issue the license.(Sec. 5) 
14. Stipulates that an alkaline hydrolysis facility license expires annually on August 1, except for 
licenses, registration or certificates issued to members on military active duty. (Sec. 5)  
15. Requires a licensed alkaline hydrolysis facility to submit a renewal application and applicable 
nonrefundable renewal fee annually on or before July 1. (Sec. 5) 
16. Specifies that a licensed alkaline hydrolysis facility that submits a renewal application and 
applicable renewal fee after July 1, but before August 1, must pay a late fee in addition to the 
renewal fee. (Sec. 5) 
17. Requires a licensed alkaline hydrolysis facility that fails to submit a renewal application and 
applicable fee on or before August 1 to apply for a new license. (Sec. 5)  
18. Stipulates that an alkaline hydrolysis facility license is not transferable or subject to sale or 
assignment, whether by voluntary or involuntary process. (Sec. 5) 
19. Requires an alkaline hydrolysis facility licensee to notify the Board in writing and surrender 
their license within 20 days after the change of ownership if it occurs. (Sec. 5)    	HB 2024 
Initials AG 	Page 3 	Transmitted 
20. Requires the new owner to notify the Board in writing within 20 days after the change of 
ownership and to submit an application for an alkaline hydrolysis facility license to the Board. 
(Sec. 5) 
21. Provides procedures for the Board to issue an interim permit to the new owner of an alkaline 
hydrolysis facility to continue operations and outlines conditions. (Sec. 5) 
22. Stipulates that an interim permit issued by the Board must not be more than 45 days and may 
not be extended except for good cause shown. (Sec. 5) 
23. Declares that an interim permit is a conditional permit and authorizes the holder to operate an 
alkaline hydrolysis facility as would be allowed under an alkaline hydrolysis facility license. 
(Sec. 5) 
24. Mandates that the holder of an interim permit is subject to the licensing rules and disciplinary 
proceedings as provided in statute and in rules adopted by the Board. (Sec. 5) 
25. Specifies that until the new owners license is issued, the Board must keep confidential all 
notices filed with the board by the prospective new owner of an alkaline hydrolysis facility.   
(Sec. 5) 
26. Outlines procedures for an owner of a licensed alkaline hydrolysis facility desiring to change 
the name or location of their facility. (Sec. 5) 
Alkaline Hydrolysis Operators  
27. Requires an applicant for an alkaline hydrolysis operator license to submit a completed 
application on a form prescribed by the Board and specifies that the application subscribe 
under oath, be accompanied by an applicable fee and any additional information that the 
Board deems necessary. (Sec. 5) 
28. Outlines requirements that an applicant must meet for an alkaline hydrolysis operator license. 
(Sec. 5) 
29. Specifies that if the Board finds that the applicant meets the criteria for an alkaline hydrolysis 
operator license, the Board must issue the license. (Sec. 5) 
30. Stipulates that an alkaline hydrolysis operator expires annually on August 1, except for 
licenses, registration or certificates issued to members on military active duty. (Sec. 5)  
31. Requires a licensed alkaline hydrolysis operator to submit a renewal application and 
applicable nonrefundable renewal fee annually on or before July 1. (Sec. 5) 
32. Specifies that a licensed alkaline hydrolysis operator that submits a renewal application and 
applicable renewal fee after July 1, but before August 1, must pay a late fee in addition to the 
renewal fee. (Sec. 5) 
33. Requires a licensed alkaline hydrolysis operator that fails to submit a renewal application and 
applicable fee on or before August 1 to apply for a new license. (Sec. 5) 
Miscellaneous 
34. Requires the county medical examiner or alternate medical examiner to give approval for 
alkaline hydrolysis of a dead body after a death investigation and record the approval on the 
death certificate. (Sec. 1) 
35. Requires alkaline hydrolysis operators when preparing the body of a dead person to notify the 
county medical examiner or alternate medical examiner to review the death certificate.        
(Sec. 2)    	HB 2024 
Initials AG 	Page 4 	Transmitted 
36. Requires an alkaline hydrolysis facility to display its license in a location that enables any 
member of the public who enters the alkaline hydrolysis facility to observe and read the 
license. (Sec. 5) 
37. Deems it unlawful for a person who is licensed or registered to place the human remains of 
one person, whether inside or outside of a container, including a body bag, casket, alternative 
container or alkaline hydrolysis vessel, in a location that is on top of the human remains of 
another person. (Sec. 6) 
38. Allows the Board, after a formal hearing, to deny or refuse to renew a license or registration 
or take disciplinary action against any alkaline hydrolysis operator for specified reasons.    
(Sec. 7) 
39. Directs the Board to adopt rules requiring funeral establishments to place a price card in a 
conspicuous place with each alkaline hydrolysis operator available for purchase. (Sec. 8) 
40. Requires an itemization of charges for alkaline hydrolysis containers and the location of where 
the deceased will undergo alkaline hydrolysis to be included in the licensee or registrant 
written or printed statement of funeral goods and services to the potential purchaser before 
entering into a contract. (Sec. 9) 
41. Requires the statement of funeral goods and services to contain a conspicuous statement 
informing the purchaser that an alternative container used for cremation or covering used for 
alkaline hydrolysis may be purchased and used as an option in connection with the funeral 
services and final disposition of human remains except alternative containers used for 
cremation or covering used for alkaline hydrolysis is not required by law. (Sec. 9) 
42. Requires human remains that are not embalmed to be held by the crematory in refrigerated 
holding facility that maintains human remains at or below 38 degrees Fahrenheit. (Sec. 10) 
43. Defines the following terms: 
a) Alkaline hydrolysis; 
b) Alkaline hydrolysis container; 
c) Alkaline hydrolysis facility; 
d) Alkaline hydrolysis operator; 
e) Alkaline hydrolysis vessel; and 
f) Regular business hours. (Sec. 1, 5) 
44. Modifies the definition of license and licensee to include alkaline hydrolysis operator and 
alkaline hydrolysis facility. (Sec. 1) 
45. Makes technical and conforming changes. (Sec. 2-5 and 8, 9, 11, 12)