Connecticut 2025 Regular Session

Connecticut House Bill HB07173 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 7173
66 January Session, 2025
77 LCO No. 5194
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1010 Referred to Committee on ENVIRONMENT
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1919 AN ACT CONCERNING TERRAMATION.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
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2323 Section 1. (NEW) (Effective October 1, 2025) (a) (1) For purposes of this 1
2424 section: 2
2525 (A) "Cemetery corporation" means any corporation formed for the 3
2626 disposal or burial of deceased human beings, by cremation, natural 4
2727 organic reduction or in a grave, mausoleum, vault, columbarium or 5
2828 other receptacle but does not include a family cemetery corporation or 6
2929 a private cemetery corporation. "Cemetery corporation" includes any 7
3030 cemetery, crematory or funeral home; 8
3131 (B) "Holding facility" or "temporary storage area" means any area that 9
3232 (i) is designated for the retention of human remains prior to cremation 10
3333 or natural organic reduction; (ii) complies with all applicable public 11
3434 health laws; (iii) preserves the health and safety of the crematory or 12
3535 natural organic reduction facility personnel; and (iv) is secure from 13
3636 access by anyone other than authorized persons, with the interior of 14
3737 such area not visible from any area accessible to the general public; 15
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4444 (C) "Natural organic reduction permit" means the permit required by 16
4545 the Commissioner of Public Health for disposition of the remains of a 17
4646 deceased human being by natural organic reduction; 18
4747 (D) "Natural organic reduction" means the contained, accelerated 19
4848 conversion of human remains to soil; and 20
4949 (E) "Natural organic reduction facility" means a structure, room or 21
5050 other space in a building or real property where natural organic 22
5151 reduction of a human body occurs. 23
5252 (2) Any cemetery corporation that operates a natural organic 24
5353 reduction facility shall have the following duties and obligations: (A) 25
5454 Each natural organic reduction facility shall be maintained in a clean, 26
5555 orderly and sanitary manner, with adequate ventilation and shall have 27
5656 a temporary storage area available to store the remains of deceased 28
5757 persons pending disposition by natural organic reduction, the interior 29
5858 of which shall not be accessible to the general public; (B) entrances and 30
5959 windows of any natural organic reduction facility shall be maintained 31
6060 at all times in order to secure privacy, including the tight closure of 32
6161 doors, the covering of windows and the provision of locked and secured 33
6262 entrances when not actively attended by authorized natural reduction 34
6363 facility personnel; (C) the natural organic reduction process shall be 35
6464 conducted in privacy and no person except authorized persons of such 36
6565 facility shall be admitted into the reduction area, holding facility or 37
6666 temporary storage facility while the remains of deceased human beings 38
6767 are being naturally organically reduced; and (D) authorized persons, on 39
6868 admittance, shall comply with all rules of the cemetery corporation and 40
6969 not infringe upon the privacy of the remains of any deceased person. 41
7070 For the purposes of this section, "authorized persons" includes (i) 42
7171 licensed, registered funeral directors, registered residents and enrolled 43
7272 students of mortuary science; (ii) officers and trustees of the cemetery 44
7373 corporation; (iii) authorized employees and authorized agents of the 45
7474 cemetery corporation; (iv) public officers acting in the discharge of their 46
7575 duties; (v) authorized instructors of funeral directing schools; (vi) 47
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8282 licensed physicians or nurses; and (vii) members of the immediate 48
8383 family of the deceased person and authorized agents and designated 49
8484 representatives of such immediate family members. 50
8585 (b) No natural organic reduction facility shall naturally organically 51
8686 reduce the remains of any deceased human being without the 52
8787 accompanying natural organic reduction permit, required and 53
8888 prescribed by the Commissioner of Public Health, which shall constitute 54
8989 presumptive evidence of the identity of the deceased person's remains. 55
9090 A natural organic reduction authorization form, prescribed by the 56
9191 Commissioner of Public Health, shall accompany such permit and shall 57
9292 be signed by the immediate family member or authorizing agent who 58
9393 shall attest to the permission for the natural organic reduction of the 59
9494 deceased person and disclose to the natural organic reduction facility 60
9595 whether the body of such deceased person contains a battery, battery 61
9696 pack, power cell, radioactive implant or radioactive device or whether 62
9797 any such material was removed from the deceased person's body prior 63
9898 to the natural organic reduction process. 64
9999 (c) The natural organic reduction process shall not commence until 65
100100 reasonable confirmation of the identity of the deceased person is made. 66
101101 Such proof may be in the form of, but not limited to, a signed affidavit 67
102102 from a licensed physician, a member of the immediate family of the 68
103103 deceased person, an authorizing agent or a court order from the 69
104104 Superior Court. The natural organic reduction facility shall ensure that 70
105105 the identification established by the natural organic reduction permit 71
106106 accompanies the remains of the deceased person during the natural 72
107107 organic reduction process and until the identity of the deceased person 73
108108 is accurately and legibly inscribed on the container in which the remains 74
109109 of the deceased person are temporarily placed. 75
110110 (d) (1) The remains of a deceased person shall be delivered to the 76
111111 natural organic reduction facility in an alternative container or in 77
112112 external wrappings sufficient to contain the remains and that is 78
113113 designed to fully decompose in the natural reduction process. Such 79
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120120 alternative container or external wrappings shall not be opened after 80
121121 delivery of the deceased person's body to the natural organic reduction 81
122122 facility unless there exists good cause to: (A) Confirm the identity of the 82
123123 deceased person, (B) ensure that no material is enclosed that might 83
124124 cause injury to employees of the natural organic reduction facility or 84
125125 damage to property of the natural organic reduction facility, or (C) upon 85
126126 reasonable demand by members of the immediate family or the 86
127127 authorized agent of such immediate family. 87
128128 (2) In any instance in which such alternative container or wrappings 88
129129 are opened after delivery of the deceased person to the natural organic 89
130130 reduction facility, such action shall only be conducted by the licensed 90
131131 funeral director or registered person who delivers the remains of the 91
132132 deceased person. A record shall be made by such natural organic 92
133133 reduction facility, at the time of any such opening, that includes the 93
134134 reason for such action, the signature of the person authorizing such 94
135135 opening and the names of any person who opens such container or 95
136136 wrappings and the witness to such opening. Any such record shall be 96
137137 retained in the permanent files of the natural organic reduction facility. 97
138138 Any such opening of such container or wrappings shall be conducted in 98
139139 the presence of a witness and shall comply with any rule or regulation 99
140140 prescribed by the Commissioner of Public Health that is intended to 100
141141 protect the integrity of the deceased person's remains and the health and 101
142142 safety of natural organic reduction facility personnel. 102
143143 (e) Whenever the remains of a deceased person are to be delivered to 103
144144 a natural organic reduction facility in a casket that is not to be naturally 104
145145 organically reduced with the deceased person, written notice of such 105
146146 fact shall be made by the person responsible for the funeral 106
147147 arrangements of the deceased person to the natural organic reduction 107
148148 facility. Such written notice shall indicate that prior to natural organic 108
149149 reduction, the remains of the deceased person are to be transferred to an 109
150150 alternative container. The natural organic reduction facility shall retain 110
151151 such written notice in the permanent records of such facility. 111
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158158 (f) (1) The remains of a deceased person shall not be removed from 112
159159 the casket, alternative container or external wrappings in which they 113
160160 were delivered to the natural organic reduction facility unless a signed 114
161161 authorization is provided by the person responsible for making funeral 115
162162 arrangements for such deceased person or by a public officer 116
163163 discharging his or her statutory duty. Such signed authorization shall 117
164164 be retained in the permanent records of such natural organic reduction 118
165165 facility. 119
166166 (2) Whenever the remains of a deceased person are to be transferred 120
167167 to an alternative container, such transfer shall be conducted in privacy 121
168168 and with dignity and respect for such remains by the licensed funeral 122
169169 director or registered person who delivered such remains. Such transfer 123
170170 shall comply with all rules and regulations of the Department of Public 124
171171 Health that are intended to protect the dignity of the deceased person's 125
172172 remains and the health and safety of the natural organic reduction 126
173173 facility personnel. 127
174174 (g) No person shall commingle or place the naturally organically 128
175175 reduced remains of more than one deceased person in a reduction 129
176176 container at any one time except upon provision of a signed 130
177177 authorization provided by the person responsible for making the 131
178178 funeral arrangements for the deceased person and the signed approval 132
179179 of the natural organic reduction facility. Such authorizations and 133
180180 approvals shall be retained in the permanent records of the natural 134
181181 organic reduction facility. 135
182182 (h) (1) Upon the completion of the natural organic reduction of the 136
183183 remains of a deceased person, the interior of the natural organic 137
184184 reduction container shall be thoroughly swept or otherwise cleaned so 138
185185 as to render the natural organic reduction container reasonably free of 139
186186 all matter. The contents of such reduction container shall be placed into 140
187187 an individual container and not commingled with other remains. The 141
188188 natural organic reduction permit shall be attached to the individual 142
189189 container in preparation for final processing. 143
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196196 (2) Use of a magnet and sieve, or other appropriate method of 144
197197 separation, may be used to divide such remains from unrecognizable 145
198198 incidental or foreign material. 146
199199 (3) Any incidental or foreign material of the natural organic reduction 147
200200 process shall be disposed of in a safe manner in compliance with all 148
201201 sanitary rules and regulations of the Commissioner of Public Health for 149
202202 such by-products. 150
203203 (4) Such remains shall be pulverized until no single fragment is 151
204204 recognizable as skeletal tissue and such pulverized remains shall be 152
205205 transferred to a container or to multiple containers, if so requested in 153
206206 writing by the person responsible for making the funeral arrangements 154
207207 for the deceased person. Any such container shall have inside 155
208208 dimensions of suitable size to contain such naturally organically 156
209209 reduced remains and shall be accurately and legibly labeled with the 157
210210 name of the person whose remains are contained therein, in a manner 158
211211 as prescribed by the Commissioner of Public Health. 159
212212 (i) (1) Upon completion of the natural organic reduction process, the 160
213213 cemetery corporation shall notify the person responsible for making the 161
214214 funeral arrangements for such deceased person that the natural organic 162
215215 reduction process is complete and that the remains are prepared to be 163
216216 disposed of in accordance with the provisions of this subsection. The 164
217217 person responsible for making the funeral arrangements for such 165
218218 deceased person shall be responsible for the final disposition of such 166
219219 remains. Such remains shall be disposed of through the scattering of 167
220220 such remains in a designated scattering garden or area in a cemetery or, 168
221221 by prior authorization by the cemetery corporation, by placing such 169
222222 remains in a grave, crypt or niche, or retention of such remains, 170
223223 pursuant to prior authorization, by the person responsible for making 171
224224 the funeral arrangements for such deceased person. Such remains shall 172
225225 not be recoverable once they are scattered or interred. No such remains 173
226226 shall be utilized or sold for any purpose related to the development of 174
227227 direct-to-consumer food sales. 175
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234234 (2) If, after a period of more than sixty days after the date of the 176
235235 completion of the natural organic reduction process, the person 177
236236 responsible for the funeral arrangements for the deceased person has 178
237237 not instructed the cemetery corporation to arrange for the final 179
238238 disposition of the remains or claimed the remains, the cemetery 180
239239 corporation may dispose of such remains in any manner prescribed by 181
240240 this subsection. The cemetery corporation shall keep a permanent 182
241241 record identifying the site of final disposition for any such remains. The 183
242242 person responsible for the funeral arrangements for such deceased 184
243243 person shall be responsible for reimbursing the cemetery corporation 185
244244 for all reasonable expenses incurred for the disposing of such remains 186
245245 in accordance with the provisions of this subsection. After the 187
246246 disposition of such remains, the cemetery corporation shall be 188
247247 discharged from any legal obligation or liability concerning the remains. 189
248248 (3) Unless the person responsible for making the funeral 190
249249 arrangements for such deceased person provides written permission, no 191
250250 person shall place remains of more than one person in the same 192
251251 temporary container or urn. 193
252252 (j) Any employee of a natural organic reduction facility who is 194
253253 responsible for conducting the daily operations of the natural organic 195
254254 reduction process shall be certified by an organization approved by the 196
255255 Commissioner of Public Health. Proof of such certification shall be 197
256256 posted in the natural organic reduction facility and available for 198
257257 inspection at any time. Any new employee of a natural organic 199
258258 reduction facility required to be certified pursuant to this subsection 200
259259 shall be certified not later than one year after commencement of such 201
260260 employment. Any employee of a natural organic reduction facility 202
261261 required to be certified pursuant to this subsection and employed by 203
262262 such facility prior to the effective date of this section shall be certified 204
263263 not later than one year after such effective date. Such certification shall 205
264264 be completed every five years from the date of such certification. 206
265265 (k) (1) Any cemetery corporation that seeks approval to operate a 207
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272272 natural organic reduction facility shall submit for approval by the 208
273273 Commissioner of Public Health the following: 209
274274 (A) A list of the directors, employees and certificate holders of the 210
275275 cemetery corporation; 211
276276 (B) A certified survey of the site and location where such facility will 212
277277 be located; 213
278278 (C) A business plan for the operation of the natural organic reduction 214
279279 facility that includes, but is not limited to, the number of expected 215
280280 natural organic reductions per year, the number of natural organic 216
281281 reduction units to be used, all manufacturing, capital costs and 217
282282 financing, the anticipated number of employees, the types of services 218
283283 provided and pricing thereof; 219
284284 (D) A description of the impact of the proposed natural organic 220
285285 reduction facility on other natural organic reduction facilities, if any, 221
286286 within the county where such facility is located; 222
287287 (E) Plans, designs and costs of any structures to be erected or 223
288288 retrofitted for the natural organic reduction facility use; 224
289289 (F) A description of any other approvals or permits required by state 225
290290 law or municipal ordinance; and 226
291291 (G) A one-hundred-fifty-dollar inspection fee. 227
292292 (2) The commissioner shall not approve any natural organic 228
293293 reduction facility that does not have all other approvals or permits. The 229
294294 commissioner may request from such applicant any additional 230
295295 information or documentation and technical assistance deemed 231
296296 necessary to review such information. Such information shall not be 232
297297 deemed complete until any requested additional information has been 233
298298 received by the commissioner. The commissioner shall approve or deny 234
299299 the proposed natural organic reduction facility not later than ninety 235
300300 days after completion of the submission of all information by written 236
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307307 notice. If the commissioner denies any application for such a facility, 237
308308 such written notice shall state the reasons for such denial. 238
309309 (l) The Department of Public Health shall have authority to take all 239
310310 necessary measures to secure and protect the integrity of any human 240
311311 remains that are subject to such natural organic reduction processes 241
312312 when any facility that conducts such processes discontinues operations 242
313313 or provides notice to such department of an intent to discontinue such 243
314314 operations. 244
315315 (m) Not later than October 1, 2026, the Commissioner of Public 245
316316 Health shall adopt regulations, in accordance with the provisions of 246
317317 chapter 54 of the general statutes, to implement the provisions of this 247
318318 section. Such regulations shall take effect not later than January 1, 2027. 248
319319 This act shall take effect as follows and shall amend the following
320320 sections:
321321
322322 Section 1 October 1, 2025 New section
323323
324324 Statement of Purpose:
325325 To authorize the use of terramation for the final disposition of human
326326 remains.
327327
328328 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
329329 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
330330 underlined.]
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