| 23 | | - | Section 1. (NEW) (Effective October 1, 2025) (a) (1) For purposes of this 1 |
|---|
| 24 | | - | section: 2 |
|---|
| 25 | | - | (A) "Cemetery corporation" means any corporation formed for the 3 |
|---|
| 26 | | - | disposal or burial of deceased human beings, by cremation, natural 4 |
|---|
| 27 | | - | organic reduction or in a grave, mausoleum, vault, columbarium or 5 |
|---|
| 28 | | - | other receptacle but does not include a family cemetery corporation or 6 |
|---|
| 29 | | - | a private cemetery corporation. "Cemetery corporation" includes any 7 |
|---|
| 30 | | - | cemetery, crematory or funeral home; 8 |
|---|
| 31 | | - | (B) "Holding facility" or "temporary storage area" means any area that 9 |
|---|
| 32 | | - | (i) is designated for the retention of human remains prior to cremation 10 |
|---|
| 33 | | - | or natural organic reduction; (ii) complies with all applicable public 11 |
|---|
| 34 | | - | health laws; (iii) preserves the health and safety of the crematory or 12 |
|---|
| 35 | | - | natural organic reduction facility personnel; and (iv) is secure from 13 |
|---|
| 36 | | - | access by anyone other than authorized persons, with the interior of 14 |
|---|
| 37 | | - | such area not visible from any area accessible to the general public; 15 |
|---|
| 38 | | - | Committee Bill No. 6257 |
|---|
| 39 | | - | |
|---|
| 40 | | - | |
|---|
| 41 | | - | LCO No. 6094 2 of 9 |
|---|
| 42 | | - | |
|---|
| 43 | | - | (C) "Natural organic reduction permit" means the permit required by 16 |
|---|
| 44 | | - | the Commissioner of Public Health for disposition of the remains of a 17 |
|---|
| 45 | | - | deceased human being by natural organic reduction; 18 |
|---|
| 46 | | - | (D) "Natural organic reduction" means the contained, accelerated 19 |
|---|
| 47 | | - | conversion of human remains to soil; and 20 |
|---|
| 48 | | - | (E) "Natural organic reduction facility" means a structure, room or 21 |
|---|
| 49 | | - | other space in a building or real property where natural organic 22 |
|---|
| 50 | | - | reduction of a human body occurs. 23 |
|---|
| 51 | | - | (2) Any cemetery corporation that operates a natural organic 24 |
|---|
| 52 | | - | reduction facility shall have the following duties and obligations: (A) 25 |
|---|
| 53 | | - | Each natural organic reduction facility shall be maintained in a clean, 26 |
|---|
| 54 | | - | orderly and sanitary manner, with adequate ventilation and shall have 27 |
|---|
| 55 | | - | a temporary storage area available to store the remains of deceased 28 |
|---|
| 56 | | - | persons pending disposition by natural organic reduction, the interior 29 |
|---|
| 57 | | - | of which shall not be accessible to the general public; (B) entrances and 30 |
|---|
| 58 | | - | windows of any natural organic reduction facility shall be maintained 31 |
|---|
| 59 | | - | at all times in order to secure privacy, including the tight closure of 32 |
|---|
| 60 | | - | doors, the covering of windows and the provision of locked and secured 33 |
|---|
| 61 | | - | entrances when not actively attended by authorized natural reduction 34 |
|---|
| 62 | | - | facility personnel; (C) the natural organic reduction process shall be 35 |
|---|
| 63 | | - | conducted in privacy and no person except authorized persons of such 36 |
|---|
| 64 | | - | facility shall be admitted into the reduction area, holding facility or 37 |
|---|
| 65 | | - | temporary storage facility while the remains of deceased human beings 38 |
|---|
| 66 | | - | are being naturally organically reduced; and (D) authorized persons, on 39 |
|---|
| 67 | | - | admittance, shall comply with all rules of the cemetery corporation and 40 |
|---|
| 68 | | - | not infringe upon the privacy of the remains of any deceased person. 41 |
|---|
| 69 | | - | For the purposes of this section, "authorized persons" includes (i) 42 |
|---|
| 70 | | - | licensed, registered funeral directors, registered residents and enrolled 43 |
|---|
| 71 | | - | students of mortuary science; (ii) officers and trustees of the cemetery 44 |
|---|
| 72 | | - | corporation; (iii) authorized employees and authorized agents of the 45 |
|---|
| 73 | | - | cemetery corporation; (iv) public officers acting in the discharge of their 46 |
|---|
| 74 | | - | duties; (v) authorized instructors of funeral directing schools; (vi) 47 |
|---|
| 75 | | - | Committee Bill No. 6257 |
|---|
| 76 | | - | |
|---|
| 77 | | - | |
|---|
| 78 | | - | LCO No. 6094 3 of 9 |
|---|
| 79 | | - | |
|---|
| 80 | | - | licensed physicians or nurses; and (vii) members of the immediate 48 |
|---|
| 81 | | - | family of the deceased person and authorized agents and designated 49 |
|---|
| 82 | | - | representatives of such immediate family members. 50 |
|---|
| 83 | | - | (b) No natural organic reduction facility shall naturally organically 51 |
|---|
| 84 | | - | reduce the remains of any deceased human being without the 52 |
|---|
| 85 | | - | accompanying natural organic reduction permit, required and 53 |
|---|
| 86 | | - | prescribed by the Commissioner of Public Health, which shall constitute 54 |
|---|
| 87 | | - | presumptive evidence of the identity of the deceased person's remains. 55 |
|---|
| 88 | | - | A natural organic reduction authorization form, prescribed by the 56 |
|---|
| 89 | | - | Commissioner of Public Health, shall accompany such permit and shall 57 |
|---|
| 90 | | - | be signed by the immediate family member or authorizing agent who 58 |
|---|
| 91 | | - | shall attest to the permission for the natural organic reduction of the 59 |
|---|
| 92 | | - | deceased person and disclose to the natural organic reduction facility 60 |
|---|
| 93 | | - | whether the body of such deceased person contains a battery, battery 61 |
|---|
| 94 | | - | pack, power cell, radioactive implant or radioactive device or whether 62 |
|---|
| 95 | | - | any such material was removed from the deceased person's body prior 63 |
|---|
| 96 | | - | to the natural organic reduction process. 64 |
|---|
| 97 | | - | (c) The natural organic reduction process shall not commence until 65 |
|---|
| 98 | | - | reasonable confirmation of the identity of the deceased person is made. 66 |
|---|
| 99 | | - | Such proof may be in the form of, but not limited to, a signed affidavit 67 |
|---|
| 100 | | - | from a licensed physician, a member of the immediate family of the 68 |
|---|
| 101 | | - | deceased person, an authorizing agent or a court order from the 69 |
|---|
| 102 | | - | Superior Court. The natural organic reduction facility shall ensure that 70 |
|---|
| 103 | | - | the identification established by the natural organic reduction permit 71 |
|---|
| 104 | | - | accompanies the remains of the deceased person during the natural 72 |
|---|
| 105 | | - | organic reduction process and until the identity of the deceased person 73 |
|---|
| 106 | | - | is accurately and legibly inscribed on the container in which the remains 74 |
|---|
| 107 | | - | of the deceased person are temporarily placed. 75 |
|---|
| 108 | | - | (d) (1) The remains of a deceased person shall be delivered to the 76 |
|---|
| 109 | | - | natural organic reduction facility in an alternative container or in 77 |
|---|
| 110 | | - | external wrappings sufficient to contain the remains and that is 78 |
|---|
| 111 | | - | designed to fully decompose in the natural reduction process. Such 79 |
|---|
| 112 | | - | Committee Bill No. 6257 |
|---|
| 113 | | - | |
|---|
| 114 | | - | |
|---|
| 115 | | - | LCO No. 6094 4 of 9 |
|---|
| 116 | | - | |
|---|
| 117 | | - | alternative container or external wrappings shall not be opened after 80 |
|---|
| 118 | | - | delivery of the deceased person's body to the natural organic reduction 81 |
|---|
| 119 | | - | facility unless there exists good cause to: (A) Confirm the identity of the 82 |
|---|
| 120 | | - | deceased person, (B) ensure that no material is enclosed that might 83 |
|---|
| 121 | | - | cause injury to employees of the natural organic reduction facility or 84 |
|---|
| 122 | | - | damage to property of the natural organic reduction facility, or (C) upon 85 |
|---|
| 123 | | - | reasonable demand by members of the immediate family or the 86 |
|---|
| 124 | | - | authorized agent of such immediate family. 87 |
|---|
| 125 | | - | (2) In any instance in which such alternative container or wrappings 88 |
|---|
| 126 | | - | are opened after delivery of the deceased person to the natural organic 89 |
|---|
| 127 | | - | reduction facility, such action shall only be conducted by the licensed 90 |
|---|
| 128 | | - | funeral director or registered person who delivers the remains of the 91 |
|---|
| 129 | | - | deceased person. A record shall be made by such natural organic 92 |
|---|
| 130 | | - | reduction facility, at the time of any such opening, that includes the 93 |
|---|
| 131 | | - | reason for such action, the signature of the person authorizing such 94 |
|---|
| 132 | | - | opening and the names of any person who opens such container or 95 |
|---|
| 133 | | - | wrappings and the witness to such opening. Any such record shall be 96 |
|---|
| 134 | | - | retained in the permanent files of the natural organic reduction facility. 97 |
|---|
| 135 | | - | Any such opening of such container or wrappings shall be conducted in 98 |
|---|
| 136 | | - | the presence of a witness and shall comply with any rule or regulation 99 |
|---|
| 137 | | - | prescribed by the Commissioner of Public Health that is intended to 100 |
|---|
| 138 | | - | protect the integrity of the deceased person's remains and the health and 101 |
|---|
| 139 | | - | safety of natural organic reduction facility personnel. 102 |
|---|
| 140 | | - | (e) Whenever the remains of a deceased person are to be delivered to 103 |
|---|
| 141 | | - | a natural organic reduction facility in a casket that is not to be naturally 104 |
|---|
| 142 | | - | organically reduced with the deceased person, written notice of such 105 |
|---|
| 143 | | - | fact shall be made by the person responsible for the funeral 106 |
|---|
| 144 | | - | arrangements of the deceased person to the natural organic reduction 107 |
|---|
| 145 | | - | facility. Such written notice shall indicate that prior to natural organic 108 |
|---|
| 146 | | - | reduction, the remains of the deceased person are to be transferred to an 109 |
|---|
| 147 | | - | alternative container. The natural organic reduction facility shall retain 110 |
|---|
| 148 | | - | such written notice in the permanent records of such facility. 111 |
|---|
| 149 | | - | Committee Bill No. 6257 |
|---|
| 150 | | - | |
|---|
| 151 | | - | |
|---|
| 152 | | - | LCO No. 6094 5 of 9 |
|---|
| 153 | | - | |
|---|
| 154 | | - | (f) (1) The remains of a deceased person shall not be removed from 112 |
|---|
| 155 | | - | the casket, alternative container or external wrappings in which they 113 |
|---|
| 156 | | - | were delivered to the natural organic reduction facility unless a signed 114 |
|---|
| 157 | | - | authorization is provided by the person responsible for making funeral 115 |
|---|
| 158 | | - | arrangements for such deceased person or by a public officer 116 |
|---|
| 159 | | - | discharging his or her statutory duty. Such signed authorization shall 117 |
|---|
| 160 | | - | be retained in the permanent records of such natural organic reduction 118 |
|---|
| 161 | | - | facility. 119 |
|---|
| 162 | | - | (2) Whenever the remains of a deceased person are to be transferred 120 |
|---|
| 163 | | - | to an alternative container, such transfer shall be conducted in privacy 121 |
|---|
| 164 | | - | and with dignity and respect for such remains by the licensed funeral 122 |
|---|
| 165 | | - | director or registered person who delivered such remains. Such transfer 123 |
|---|
| 166 | | - | shall comply with all rules and regulations of the Department of Public 124 |
|---|
| 167 | | - | Health that are intended to protect the dignity of the deceased person's 125 |
|---|
| 168 | | - | remains and the health and safety of the natural organic reduction 126 |
|---|
| 169 | | - | facility personnel. 127 |
|---|
| 170 | | - | (g) No person shall commingle or place the naturally organically 128 |
|---|
| 171 | | - | reduced remains of more than one deceased person in a reduction 129 |
|---|
| 172 | | - | container at any one time except upon provision of a signed 130 |
|---|
| 173 | | - | authorization provided by the person responsible for making the 131 |
|---|
| 174 | | - | funeral arrangements for the deceased person and the signed approval 132 |
|---|
| 175 | | - | of the natural organic reduction facility. Such authorizations and 133 |
|---|
| 176 | | - | approvals shall be retained in the permanent records of the natural 134 |
|---|
| 177 | | - | organic reduction facility. 135 |
|---|
| 178 | | - | (h) (1) Upon the completion of the natural organic reduction of the 136 |
|---|
| 179 | | - | remains of a deceased person, the interior of the natural organic 137 |
|---|
| 180 | | - | reduction container shall be thoroughly swept or otherwise cleaned so 138 |
|---|
| 181 | | - | as to render the natural organic reduction container reasonably free of 139 |
|---|
| 182 | | - | all matter. The contents of such reduction container shall be placed into 140 |
|---|
| 183 | | - | an individual container and not commingled with other remains. The 141 |
|---|
| 184 | | - | natural organic reduction permit shall be attached to the individual 142 |
|---|
| 185 | | - | container in preparation for final processing. 143 |
|---|
| 186 | | - | Committee Bill No. 6257 |
|---|
| 187 | | - | |
|---|
| 188 | | - | |
|---|
| 189 | | - | LCO No. 6094 6 of 9 |
|---|
| 190 | | - | |
|---|
| 191 | | - | (2) Use of a magnet and sieve, or other appropriate method of 144 |
|---|
| 192 | | - | separation, may be used to divide such remains from unrecognizable 145 |
|---|
| 193 | | - | incidental or foreign material. 146 |
|---|
| 194 | | - | (3) Any incidental or foreign material of the natural organic reduction 147 |
|---|
| 195 | | - | process shall be disposed of in a safe manner in compliance with all 148 |
|---|
| 196 | | - | sanitary rules and regulations of the Commissioner of Public Health for 149 |
|---|
| 197 | | - | such by-products. 150 |
|---|
| 198 | | - | (4) Such remains shall be pulverized until no single fragment is 151 |
|---|
| 199 | | - | recognizable as skeletal tissue and such pulverized remains shall be 152 |
|---|
| 200 | | - | transferred to a container or to multiple containers, if so requested in 153 |
|---|
| 201 | | - | writing by the person responsible for making the funeral arrangements 154 |
|---|
| 202 | | - | for the deceased person. Any such container shall have inside 155 |
|---|
| 203 | | - | dimensions of suitable size to contain such naturally organically 156 |
|---|
| 204 | | - | reduced remains and shall be accurately and legibly labeled with the 157 |
|---|
| 205 | | - | name of the person whose remains are contained therein, in a manner 158 |
|---|
| 206 | | - | as prescribed by the Commissioner of Public Health. 159 |
|---|
| 207 | | - | (i) (1) Upon completion of the natural organic reduction process, the 160 |
|---|
| 208 | | - | cemetery corporation shall notify the person responsible for making the 161 |
|---|
| 209 | | - | funeral arrangements for such deceased person that the natural organic 162 |
|---|
| 210 | | - | reduction process is complete and that the remains are prepared to be 163 |
|---|
| 211 | | - | disposed of in accordance with the provisions of this subsection. The 164 |
|---|
| 212 | | - | person responsible for making the funeral arrangements for such 165 |
|---|
| 213 | | - | deceased person shall be responsible for the final disposition of such 166 |
|---|
| 214 | | - | remains. Such remains shall be disposed of through the scattering of 167 |
|---|
| 215 | | - | such remains in a designated scattering garden or area in a cemetery or, 168 |
|---|
| 216 | | - | by prior authorization by the cemetery corporation, by placing such 169 |
|---|
| 217 | | - | remains in a grave, crypt or niche, or retention of such remains, 170 |
|---|
| 218 | | - | pursuant to prior authorization, by the person responsible for making 171 |
|---|
| 219 | | - | the funeral arrangements for such deceased person. Such remains shall 172 |
|---|
| 220 | | - | not be recoverable once they are scattered or interred. No such remains 173 |
|---|
| 221 | | - | shall be utilized or sold for any purpose related to the development of 174 |
|---|
| 222 | | - | direct-to-consumer food sales. 175 |
|---|
| 223 | | - | Committee Bill No. 6257 |
|---|
| 224 | | - | |
|---|
| 225 | | - | |
|---|
| 226 | | - | LCO No. 6094 7 of 9 |
|---|
| 227 | | - | |
|---|
| 228 | | - | (2) If, after a period of more than sixty days after the date of the 176 |
|---|
| 229 | | - | completion of the natural organic reduction process, the person 177 |
|---|
| 230 | | - | responsible for the funeral arrangements for the deceased person has 178 |
|---|
| 231 | | - | not instructed the cemetery corporation to arrange for the final 179 |
|---|
| 232 | | - | disposition of the remains or claimed the remains, the cemetery 180 |
|---|
| 233 | | - | corporation may dispose of such remains in any manner prescribed by 181 |
|---|
| 234 | | - | this subsection. The cemetery corporation shall keep a permanent 182 |
|---|
| 235 | | - | record identifying the site of final disposition for any such remains. The 183 |
|---|
| 236 | | - | person responsible for the funeral arrangements for such deceased 184 |
|---|
| 237 | | - | person shall be responsible for reimbursing the cemetery corporation 185 |
|---|
| 238 | | - | for all reasonable expenses incurred for the disposing of such remains 186 |
|---|
| 239 | | - | in accordance with the provisions of this subsection. After the 187 |
|---|
| 240 | | - | disposition of such remains, the cemetery corporation shall be 188 |
|---|
| 241 | | - | discharged from any legal obligation or liability concerning the remains. 189 |
|---|
| 242 | | - | (3) Unless the person responsible for making the funeral 190 |
|---|
| 243 | | - | arrangements for such deceased person provides written permission, no 191 |
|---|
| 244 | | - | person shall place remains of more than one person in the same 192 |
|---|
| 245 | | - | temporary container or urn. 193 |
|---|
| 246 | | - | (j) Any employee of a natural organic reduction facility who is 194 |
|---|
| 247 | | - | responsible for conducting the daily operations of the natural organic 195 |
|---|
| 248 | | - | reduction process shall be certified by an organization approved by the 196 |
|---|
| 249 | | - | Commissioner of Public Health. Proof of such certification shall be 197 |
|---|
| 250 | | - | posted in the natural organic reduction facility and available for 198 |
|---|
| 251 | | - | inspection at any time. Any new employee of a natural organic 199 |
|---|
| 252 | | - | reduction facility required to be certified pursuant to this subsection 200 |
|---|
| 253 | | - | shall be certified not later than one year after commencement of such 201 |
|---|
| 254 | | - | employment. Any employee of a natural organic reduction facility 202 |
|---|
| 255 | | - | required to be certified pursuant to this subsection and employed by 203 |
|---|
| 256 | | - | such facility prior to the effective date of this section shall be certified 204 |
|---|
| 257 | | - | not later than one year after such effective date. Such certification shall 205 |
|---|
| 258 | | - | be completed every five years from the date of such certification. 206 |
|---|
| 259 | | - | (k) (1) Any cemetery corporation that seeks approval to operate a 207 |
|---|
| 260 | | - | Committee Bill No. 6257 |
|---|
| 261 | | - | |
|---|
| 262 | | - | |
|---|
| 263 | | - | LCO No. 6094 8 of 9 |
|---|
| 264 | | - | |
|---|
| 265 | | - | natural organic reduction facility shall submit for approval by the 208 |
|---|
| 266 | | - | Commissioner of Public Health the following: 209 |
|---|
| 267 | | - | (A) A list of the directors, employees and certificate holders of the 210 |
|---|
| 268 | | - | cemetery corporation; 211 |
|---|
| 269 | | - | (B) A certified survey of the site and location where such facility will 212 |
|---|
| 270 | | - | be located; 213 |
|---|
| 271 | | - | (C) A business plan for the operation of the natural organic reduction 214 |
|---|
| 272 | | - | facility that includes, but is not limited to, the number of expected 215 |
|---|
| 273 | | - | natural organic reductions per year, the number of natural organic 216 |
|---|
| 274 | | - | reduction units to be used, all manufacturing, capital costs and 217 |
|---|
| 275 | | - | financing, the anticipated number of employees, the types of services 218 |
|---|
| 276 | | - | provided and pricing thereof; 219 |
|---|
| 277 | | - | (D) A description of the impact of the proposed natural organic 220 |
|---|
| 278 | | - | reduction facility on other natural organic reduction facilities, if any, 221 |
|---|
| 279 | | - | within the county where such facility is located; 222 |
|---|
| 280 | | - | (E) Plans, designs and costs of any structures to be erected or 223 |
|---|
| 281 | | - | retrofitted for the natural organic reduction facility use; 224 |
|---|
| 282 | | - | (F) A description of any other approvals or permits required by state 225 |
|---|
| 283 | | - | law or municipal ordinance; and 226 |
|---|
| 284 | | - | (G) A one-hundred-fifty-dollar inspection fee. 227 |
|---|
| 285 | | - | (2) The commissioner shall not approve any natural organic 228 |
|---|
| 286 | | - | reduction facility that does not have all other approvals or permits. The 229 |
|---|
| 287 | | - | commissioner may request from such applicant any additional 230 |
|---|
| 288 | | - | information or documentation and technical assistance deemed 231 |
|---|
| 289 | | - | necessary to review such information. Such information shall not be 232 |
|---|
| 290 | | - | deemed complete until any requested additional information has been 233 |
|---|
| 291 | | - | received by the commissioner. The commissioner shall approve or deny 234 |
|---|
| 292 | | - | the proposed natural organic reduction facility not later than ninety 235 |
|---|
| 293 | | - | days after completion of the submission of all information by written 236 |
|---|
| 294 | | - | Committee Bill No. 6257 |
|---|
| 295 | | - | |
|---|
| 296 | | - | |
|---|
| 297 | | - | LCO No. 6094 9 of 9 |
|---|
| 298 | | - | |
|---|
| 299 | | - | notice. If the commissioner denies any application for such a facility, 237 |
|---|
| 300 | | - | such written notice shall state the reasons for such denial. 238 |
|---|
| 301 | | - | (l) The Department of Public Health shall have authority to take all 239 |
|---|
| 302 | | - | necessary measures to secure and protect the integrity of any human 240 |
|---|
| 303 | | - | remains that are subject to such natural organic reduction processes 241 |
|---|
| 304 | | - | when any facility that conducts such processes discontinues operations 242 |
|---|
| 305 | | - | or provides notice to such department of an intent to discontinue such 243 |
|---|
| 306 | | - | operations. 244 |
|---|
| 307 | | - | (m) Not later than October 1, 2026, the Commissioner of Public 245 |
|---|
| 308 | | - | Health shall adopt regulations, in accordance with the provisions of 246 |
|---|
| 309 | | - | chapter 54 of the general statutes, to implement the provisions of this 247 |
|---|
| 310 | | - | section. Such regulations shall take effect not later than January 1, 2027. 248 |
|---|
| 311 | | - | This act shall take effect as follows and shall amend the following |
|---|
| 312 | | - | sections: |
|---|
| 313 | | - | |
|---|
| 314 | | - | Section 1 October 1, 2025 New section |
|---|
| 315 | | - | |
|---|
| 22 | + | That the general statutes be amended to authorize the use of 1 |
|---|
| 23 | + | terramation for the final disposition of human remains and require the 2 |
|---|
| 24 | + | Department of Public Health to develop a licensing process for such 3 |
|---|
| 25 | + | authorization. 4 |
|---|