1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | LCO No. 5194 1 of 9 |
---|
4 | 4 | | |
---|
5 | 5 | | General Assembly Raised Bill No. 7173 |
---|
6 | 6 | | January Session, 2025 |
---|
7 | 7 | | LCO No. 5194 |
---|
8 | 8 | | |
---|
9 | 9 | | |
---|
10 | 10 | | Referred to Committee on ENVIRONMENT |
---|
11 | 11 | | |
---|
12 | 12 | | |
---|
13 | 13 | | Introduced by: |
---|
14 | 14 | | (ENV) |
---|
15 | 15 | | |
---|
16 | 16 | | |
---|
17 | 17 | | |
---|
18 | 18 | | |
---|
19 | 19 | | AN ACT CONCERNING TERRAMATION. |
---|
20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
---|
21 | 21 | | Assembly convened: |
---|
22 | 22 | | |
---|
23 | 23 | | Section 1. (NEW) (Effective October 1, 2025) (a) (1) For purposes of this 1 |
---|
24 | 24 | | section: 2 |
---|
25 | 25 | | (A) "Cemetery corporation" means any corporation formed for the 3 |
---|
26 | 26 | | disposal or burial of deceased human beings, by cremation, natural 4 |
---|
27 | 27 | | organic reduction or in a grave, mausoleum, vault, columbarium or 5 |
---|
28 | 28 | | other receptacle but does not include a family cemetery corporation or 6 |
---|
29 | 29 | | a private cemetery corporation. "Cemetery corporation" includes any 7 |
---|
30 | 30 | | cemetery, crematory or funeral home; 8 |
---|
31 | 31 | | (B) "Holding facility" or "temporary storage area" means any area that 9 |
---|
32 | 32 | | (i) is designated for the retention of human remains prior to cremation 10 |
---|
33 | 33 | | or natural organic reduction; (ii) complies with all applicable public 11 |
---|
34 | 34 | | health laws; (iii) preserves the health and safety of the crematory or 12 |
---|
35 | 35 | | natural organic reduction facility personnel; and (iv) is secure from 13 |
---|
36 | 36 | | access by anyone other than authorized persons, with the interior of 14 |
---|
37 | 37 | | such area not visible from any area accessible to the general public; 15 |
---|
38 | 38 | | Raised Bill No. 7173 |
---|
39 | 39 | | |
---|
40 | 40 | | |
---|
41 | 41 | | |
---|
42 | 42 | | LCO No. 5194 2 of 9 |
---|
43 | 43 | | |
---|
44 | 44 | | (C) "Natural organic reduction permit" means the permit required by 16 |
---|
45 | 45 | | the Commissioner of Public Health for disposition of the remains of a 17 |
---|
46 | 46 | | deceased human being by natural organic reduction; 18 |
---|
47 | 47 | | (D) "Natural organic reduction" means the contained, accelerated 19 |
---|
48 | 48 | | conversion of human remains to soil; and 20 |
---|
49 | 49 | | (E) "Natural organic reduction facility" means a structure, room or 21 |
---|
50 | 50 | | other space in a building or real property where natural organic 22 |
---|
51 | 51 | | reduction of a human body occurs. 23 |
---|
52 | 52 | | (2) Any cemetery corporation that operates a natural organic 24 |
---|
53 | 53 | | reduction facility shall have the following duties and obligations: (A) 25 |
---|
54 | 54 | | Each natural organic reduction facility shall be maintained in a clean, 26 |
---|
55 | 55 | | orderly and sanitary manner, with adequate ventilation and shall have 27 |
---|
56 | 56 | | a temporary storage area available to store the remains of deceased 28 |
---|
57 | 57 | | persons pending disposition by natural organic reduction, the interior 29 |
---|
58 | 58 | | of which shall not be accessible to the general public; (B) entrances and 30 |
---|
59 | 59 | | windows of any natural organic reduction facility shall be maintained 31 |
---|
60 | 60 | | at all times in order to secure privacy, including the tight closure of 32 |
---|
61 | 61 | | doors, the covering of windows and the provision of locked and secured 33 |
---|
62 | 62 | | entrances when not actively attended by authorized natural reduction 34 |
---|
63 | 63 | | facility personnel; (C) the natural organic reduction process shall be 35 |
---|
64 | 64 | | conducted in privacy and no person except authorized persons of such 36 |
---|
65 | 65 | | facility shall be admitted into the reduction area, holding facility or 37 |
---|
66 | 66 | | temporary storage facility while the remains of deceased human beings 38 |
---|
67 | 67 | | are being naturally organically reduced; and (D) authorized persons, on 39 |
---|
68 | 68 | | admittance, shall comply with all rules of the cemetery corporation and 40 |
---|
69 | 69 | | not infringe upon the privacy of the remains of any deceased person. 41 |
---|
70 | 70 | | For the purposes of this section, "authorized persons" includes (i) 42 |
---|
71 | 71 | | licensed, registered funeral directors, registered residents and enrolled 43 |
---|
72 | 72 | | students of mortuary science; (ii) officers and trustees of the cemetery 44 |
---|
73 | 73 | | corporation; (iii) authorized employees and authorized agents of the 45 |
---|
74 | 74 | | cemetery corporation; (iv) public officers acting in the discharge of their 46 |
---|
75 | 75 | | duties; (v) authorized instructors of funeral directing schools; (vi) 47 |
---|
76 | 76 | | Raised Bill No. 7173 |
---|
77 | 77 | | |
---|
78 | 78 | | |
---|
79 | 79 | | |
---|
80 | 80 | | LCO No. 5194 3 of 9 |
---|
81 | 81 | | |
---|
82 | 82 | | licensed physicians or nurses; and (vii) members of the immediate 48 |
---|
83 | 83 | | family of the deceased person and authorized agents and designated 49 |
---|
84 | 84 | | representatives of such immediate family members. 50 |
---|
85 | 85 | | (b) No natural organic reduction facility shall naturally organically 51 |
---|
86 | 86 | | reduce the remains of any deceased human being without the 52 |
---|
87 | 87 | | accompanying natural organic reduction permit, required and 53 |
---|
88 | 88 | | prescribed by the Commissioner of Public Health, which shall constitute 54 |
---|
89 | 89 | | presumptive evidence of the identity of the deceased person's remains. 55 |
---|
90 | 90 | | A natural organic reduction authorization form, prescribed by the 56 |
---|
91 | 91 | | Commissioner of Public Health, shall accompany such permit and shall 57 |
---|
92 | 92 | | be signed by the immediate family member or authorizing agent who 58 |
---|
93 | 93 | | shall attest to the permission for the natural organic reduction of the 59 |
---|
94 | 94 | | deceased person and disclose to the natural organic reduction facility 60 |
---|
95 | 95 | | whether the body of such deceased person contains a battery, battery 61 |
---|
96 | 96 | | pack, power cell, radioactive implant or radioactive device or whether 62 |
---|
97 | 97 | | any such material was removed from the deceased person's body prior 63 |
---|
98 | 98 | | to the natural organic reduction process. 64 |
---|
99 | 99 | | (c) The natural organic reduction process shall not commence until 65 |
---|
100 | 100 | | reasonable confirmation of the identity of the deceased person is made. 66 |
---|
101 | 101 | | Such proof may be in the form of, but not limited to, a signed affidavit 67 |
---|
102 | 102 | | from a licensed physician, a member of the immediate family of the 68 |
---|
103 | 103 | | deceased person, an authorizing agent or a court order from the 69 |
---|
104 | 104 | | Superior Court. The natural organic reduction facility shall ensure that 70 |
---|
105 | 105 | | the identification established by the natural organic reduction permit 71 |
---|
106 | 106 | | accompanies the remains of the deceased person during the natural 72 |
---|
107 | 107 | | organic reduction process and until the identity of the deceased person 73 |
---|
108 | 108 | | is accurately and legibly inscribed on the container in which the remains 74 |
---|
109 | 109 | | of the deceased person are temporarily placed. 75 |
---|
110 | 110 | | (d) (1) The remains of a deceased person shall be delivered to the 76 |
---|
111 | 111 | | natural organic reduction facility in an alternative container or in 77 |
---|
112 | 112 | | external wrappings sufficient to contain the remains and that is 78 |
---|
113 | 113 | | designed to fully decompose in the natural reduction process. Such 79 |
---|
114 | 114 | | Raised Bill No. 7173 |
---|
115 | 115 | | |
---|
116 | 116 | | |
---|
117 | 117 | | |
---|
118 | 118 | | LCO No. 5194 4 of 9 |
---|
119 | 119 | | |
---|
120 | 120 | | alternative container or external wrappings shall not be opened after 80 |
---|
121 | 121 | | delivery of the deceased person's body to the natural organic reduction 81 |
---|
122 | 122 | | facility unless there exists good cause to: (A) Confirm the identity of the 82 |
---|
123 | 123 | | deceased person, (B) ensure that no material is enclosed that might 83 |
---|
124 | 124 | | cause injury to employees of the natural organic reduction facility or 84 |
---|
125 | 125 | | damage to property of the natural organic reduction facility, or (C) upon 85 |
---|
126 | 126 | | reasonable demand by members of the immediate family or the 86 |
---|
127 | 127 | | authorized agent of such immediate family. 87 |
---|
128 | 128 | | (2) In any instance in which such alternative container or wrappings 88 |
---|
129 | 129 | | are opened after delivery of the deceased person to the natural organic 89 |
---|
130 | 130 | | reduction facility, such action shall only be conducted by the licensed 90 |
---|
131 | 131 | | funeral director or registered person who delivers the remains of the 91 |
---|
132 | 132 | | deceased person. A record shall be made by such natural organic 92 |
---|
133 | 133 | | reduction facility, at the time of any such opening, that includes the 93 |
---|
134 | 134 | | reason for such action, the signature of the person authorizing such 94 |
---|
135 | 135 | | opening and the names of any person who opens such container or 95 |
---|
136 | 136 | | wrappings and the witness to such opening. Any such record shall be 96 |
---|
137 | 137 | | retained in the permanent files of the natural organic reduction facility. 97 |
---|
138 | 138 | | Any such opening of such container or wrappings shall be conducted in 98 |
---|
139 | 139 | | the presence of a witness and shall comply with any rule or regulation 99 |
---|
140 | 140 | | prescribed by the Commissioner of Public Health that is intended to 100 |
---|
141 | 141 | | protect the integrity of the deceased person's remains and the health and 101 |
---|
142 | 142 | | safety of natural organic reduction facility personnel. 102 |
---|
143 | 143 | | (e) Whenever the remains of a deceased person are to be delivered to 103 |
---|
144 | 144 | | a natural organic reduction facility in a casket that is not to be naturally 104 |
---|
145 | 145 | | organically reduced with the deceased person, written notice of such 105 |
---|
146 | 146 | | fact shall be made by the person responsible for the funeral 106 |
---|
147 | 147 | | arrangements of the deceased person to the natural organic reduction 107 |
---|
148 | 148 | | facility. Such written notice shall indicate that prior to natural organic 108 |
---|
149 | 149 | | reduction, the remains of the deceased person are to be transferred to an 109 |
---|
150 | 150 | | alternative container. The natural organic reduction facility shall retain 110 |
---|
151 | 151 | | such written notice in the permanent records of such facility. 111 |
---|
152 | 152 | | Raised Bill No. 7173 |
---|
153 | 153 | | |
---|
154 | 154 | | |
---|
155 | 155 | | |
---|
156 | 156 | | LCO No. 5194 5 of 9 |
---|
157 | 157 | | |
---|
158 | 158 | | (f) (1) The remains of a deceased person shall not be removed from 112 |
---|
159 | 159 | | the casket, alternative container or external wrappings in which they 113 |
---|
160 | 160 | | were delivered to the natural organic reduction facility unless a signed 114 |
---|
161 | 161 | | authorization is provided by the person responsible for making funeral 115 |
---|
162 | 162 | | arrangements for such deceased person or by a public officer 116 |
---|
163 | 163 | | discharging his or her statutory duty. Such signed authorization shall 117 |
---|
164 | 164 | | be retained in the permanent records of such natural organic reduction 118 |
---|
165 | 165 | | facility. 119 |
---|
166 | 166 | | (2) Whenever the remains of a deceased person are to be transferred 120 |
---|
167 | 167 | | to an alternative container, such transfer shall be conducted in privacy 121 |
---|
168 | 168 | | and with dignity and respect for such remains by the licensed funeral 122 |
---|
169 | 169 | | director or registered person who delivered such remains. Such transfer 123 |
---|
170 | 170 | | shall comply with all rules and regulations of the Department of Public 124 |
---|
171 | 171 | | Health that are intended to protect the dignity of the deceased person's 125 |
---|
172 | 172 | | remains and the health and safety of the natural organic reduction 126 |
---|
173 | 173 | | facility personnel. 127 |
---|
174 | 174 | | (g) No person shall commingle or place the naturally organically 128 |
---|
175 | 175 | | reduced remains of more than one deceased person in a reduction 129 |
---|
176 | 176 | | container at any one time except upon provision of a signed 130 |
---|
177 | 177 | | authorization provided by the person responsible for making the 131 |
---|
178 | 178 | | funeral arrangements for the deceased person and the signed approval 132 |
---|
179 | 179 | | of the natural organic reduction facility. Such authorizations and 133 |
---|
180 | 180 | | approvals shall be retained in the permanent records of the natural 134 |
---|
181 | 181 | | organic reduction facility. 135 |
---|
182 | 182 | | (h) (1) Upon the completion of the natural organic reduction of the 136 |
---|
183 | 183 | | remains of a deceased person, the interior of the natural organic 137 |
---|
184 | 184 | | reduction container shall be thoroughly swept or otherwise cleaned so 138 |
---|
185 | 185 | | as to render the natural organic reduction container reasonably free of 139 |
---|
186 | 186 | | all matter. The contents of such reduction container shall be placed into 140 |
---|
187 | 187 | | an individual container and not commingled with other remains. The 141 |
---|
188 | 188 | | natural organic reduction permit shall be attached to the individual 142 |
---|
189 | 189 | | container in preparation for final processing. 143 |
---|
190 | 190 | | Raised Bill No. 7173 |
---|
191 | 191 | | |
---|
192 | 192 | | |
---|
193 | 193 | | |
---|
194 | 194 | | LCO No. 5194 6 of 9 |
---|
195 | 195 | | |
---|
196 | 196 | | (2) Use of a magnet and sieve, or other appropriate method of 144 |
---|
197 | 197 | | separation, may be used to divide such remains from unrecognizable 145 |
---|
198 | 198 | | incidental or foreign material. 146 |
---|
199 | 199 | | (3) Any incidental or foreign material of the natural organic reduction 147 |
---|
200 | 200 | | process shall be disposed of in a safe manner in compliance with all 148 |
---|
201 | 201 | | sanitary rules and regulations of the Commissioner of Public Health for 149 |
---|
202 | 202 | | such by-products. 150 |
---|
203 | 203 | | (4) Such remains shall be pulverized until no single fragment is 151 |
---|
204 | 204 | | recognizable as skeletal tissue and such pulverized remains shall be 152 |
---|
205 | 205 | | transferred to a container or to multiple containers, if so requested in 153 |
---|
206 | 206 | | writing by the person responsible for making the funeral arrangements 154 |
---|
207 | 207 | | for the deceased person. Any such container shall have inside 155 |
---|
208 | 208 | | dimensions of suitable size to contain such naturally organically 156 |
---|
209 | 209 | | reduced remains and shall be accurately and legibly labeled with the 157 |
---|
210 | 210 | | name of the person whose remains are contained therein, in a manner 158 |
---|
211 | 211 | | as prescribed by the Commissioner of Public Health. 159 |
---|
212 | 212 | | (i) (1) Upon completion of the natural organic reduction process, the 160 |
---|
213 | 213 | | cemetery corporation shall notify the person responsible for making the 161 |
---|
214 | 214 | | funeral arrangements for such deceased person that the natural organic 162 |
---|
215 | 215 | | reduction process is complete and that the remains are prepared to be 163 |
---|
216 | 216 | | disposed of in accordance with the provisions of this subsection. The 164 |
---|
217 | 217 | | person responsible for making the funeral arrangements for such 165 |
---|
218 | 218 | | deceased person shall be responsible for the final disposition of such 166 |
---|
219 | 219 | | remains. Such remains shall be disposed of through the scattering of 167 |
---|
220 | 220 | | such remains in a designated scattering garden or area in a cemetery or, 168 |
---|
221 | 221 | | by prior authorization by the cemetery corporation, by placing such 169 |
---|
222 | 222 | | remains in a grave, crypt or niche, or retention of such remains, 170 |
---|
223 | 223 | | pursuant to prior authorization, by the person responsible for making 171 |
---|
224 | 224 | | the funeral arrangements for such deceased person. Such remains shall 172 |
---|
225 | 225 | | not be recoverable once they are scattered or interred. No such remains 173 |
---|
226 | 226 | | shall be utilized or sold for any purpose related to the development of 174 |
---|
227 | 227 | | direct-to-consumer food sales. 175 |
---|
228 | 228 | | Raised Bill No. 7173 |
---|
229 | 229 | | |
---|
230 | 230 | | |
---|
231 | 231 | | |
---|
232 | 232 | | LCO No. 5194 7 of 9 |
---|
233 | 233 | | |
---|
234 | 234 | | (2) If, after a period of more than sixty days after the date of the 176 |
---|
235 | 235 | | completion of the natural organic reduction process, the person 177 |
---|
236 | 236 | | responsible for the funeral arrangements for the deceased person has 178 |
---|
237 | 237 | | not instructed the cemetery corporation to arrange for the final 179 |
---|
238 | 238 | | disposition of the remains or claimed the remains, the cemetery 180 |
---|
239 | 239 | | corporation may dispose of such remains in any manner prescribed by 181 |
---|
240 | 240 | | this subsection. The cemetery corporation shall keep a permanent 182 |
---|
241 | 241 | | record identifying the site of final disposition for any such remains. The 183 |
---|
242 | 242 | | person responsible for the funeral arrangements for such deceased 184 |
---|
243 | 243 | | person shall be responsible for reimbursing the cemetery corporation 185 |
---|
244 | 244 | | for all reasonable expenses incurred for the disposing of such remains 186 |
---|
245 | 245 | | in accordance with the provisions of this subsection. After the 187 |
---|
246 | 246 | | disposition of such remains, the cemetery corporation shall be 188 |
---|
247 | 247 | | discharged from any legal obligation or liability concerning the remains. 189 |
---|
248 | 248 | | (3) Unless the person responsible for making the funeral 190 |
---|
249 | 249 | | arrangements for such deceased person provides written permission, no 191 |
---|
250 | 250 | | person shall place remains of more than one person in the same 192 |
---|
251 | 251 | | temporary container or urn. 193 |
---|
252 | 252 | | (j) Any employee of a natural organic reduction facility who is 194 |
---|
253 | 253 | | responsible for conducting the daily operations of the natural organic 195 |
---|
254 | 254 | | reduction process shall be certified by an organization approved by the 196 |
---|
255 | 255 | | Commissioner of Public Health. Proof of such certification shall be 197 |
---|
256 | 256 | | posted in the natural organic reduction facility and available for 198 |
---|
257 | 257 | | inspection at any time. Any new employee of a natural organic 199 |
---|
258 | 258 | | reduction facility required to be certified pursuant to this subsection 200 |
---|
259 | 259 | | shall be certified not later than one year after commencement of such 201 |
---|
260 | 260 | | employment. Any employee of a natural organic reduction facility 202 |
---|
261 | 261 | | required to be certified pursuant to this subsection and employed by 203 |
---|
262 | 262 | | such facility prior to the effective date of this section shall be certified 204 |
---|
263 | 263 | | not later than one year after such effective date. Such certification shall 205 |
---|
264 | 264 | | be completed every five years from the date of such certification. 206 |
---|
265 | 265 | | (k) (1) Any cemetery corporation that seeks approval to operate a 207 |
---|
266 | 266 | | Raised Bill No. 7173 |
---|
267 | 267 | | |
---|
268 | 268 | | |
---|
269 | 269 | | |
---|
270 | 270 | | LCO No. 5194 8 of 9 |
---|
271 | 271 | | |
---|
272 | 272 | | natural organic reduction facility shall submit for approval by the 208 |
---|
273 | 273 | | Commissioner of Public Health the following: 209 |
---|
274 | 274 | | (A) A list of the directors, employees and certificate holders of the 210 |
---|
275 | 275 | | cemetery corporation; 211 |
---|
276 | 276 | | (B) A certified survey of the site and location where such facility will 212 |
---|
277 | 277 | | be located; 213 |
---|
278 | 278 | | (C) A business plan for the operation of the natural organic reduction 214 |
---|
279 | 279 | | facility that includes, but is not limited to, the number of expected 215 |
---|
280 | 280 | | natural organic reductions per year, the number of natural organic 216 |
---|
281 | 281 | | reduction units to be used, all manufacturing, capital costs and 217 |
---|
282 | 282 | | financing, the anticipated number of employees, the types of services 218 |
---|
283 | 283 | | provided and pricing thereof; 219 |
---|
284 | 284 | | (D) A description of the impact of the proposed natural organic 220 |
---|
285 | 285 | | reduction facility on other natural organic reduction facilities, if any, 221 |
---|
286 | 286 | | within the county where such facility is located; 222 |
---|
287 | 287 | | (E) Plans, designs and costs of any structures to be erected or 223 |
---|
288 | 288 | | retrofitted for the natural organic reduction facility use; 224 |
---|
289 | 289 | | (F) A description of any other approvals or permits required by state 225 |
---|
290 | 290 | | law or municipal ordinance; and 226 |
---|
291 | 291 | | (G) A one-hundred-fifty-dollar inspection fee. 227 |
---|
292 | 292 | | (2) The commissioner shall not approve any natural organic 228 |
---|
293 | 293 | | reduction facility that does not have all other approvals or permits. The 229 |
---|
294 | 294 | | commissioner may request from such applicant any additional 230 |
---|
295 | 295 | | information or documentation and technical assistance deemed 231 |
---|
296 | 296 | | necessary to review such information. Such information shall not be 232 |
---|
297 | 297 | | deemed complete until any requested additional information has been 233 |
---|
298 | 298 | | received by the commissioner. The commissioner shall approve or deny 234 |
---|
299 | 299 | | the proposed natural organic reduction facility not later than ninety 235 |
---|
300 | 300 | | days after completion of the submission of all information by written 236 |
---|
301 | 301 | | Raised Bill No. 7173 |
---|
302 | 302 | | |
---|
303 | 303 | | |
---|
304 | 304 | | |
---|
305 | 305 | | LCO No. 5194 9 of 9 |
---|
306 | 306 | | |
---|
307 | 307 | | notice. If the commissioner denies any application for such a facility, 237 |
---|
308 | 308 | | such written notice shall state the reasons for such denial. 238 |
---|
309 | 309 | | (l) The Department of Public Health shall have authority to take all 239 |
---|
310 | 310 | | necessary measures to secure and protect the integrity of any human 240 |
---|
311 | 311 | | remains that are subject to such natural organic reduction processes 241 |
---|
312 | 312 | | when any facility that conducts such processes discontinues operations 242 |
---|
313 | 313 | | or provides notice to such department of an intent to discontinue such 243 |
---|
314 | 314 | | operations. 244 |
---|
315 | 315 | | (m) Not later than October 1, 2026, the Commissioner of Public 245 |
---|
316 | 316 | | Health shall adopt regulations, in accordance with the provisions of 246 |
---|
317 | 317 | | chapter 54 of the general statutes, to implement the provisions of this 247 |
---|
318 | 318 | | section. Such regulations shall take effect not later than January 1, 2027. 248 |
---|
319 | 319 | | This act shall take effect as follows and shall amend the following |
---|
320 | 320 | | sections: |
---|
321 | 321 | | |
---|
322 | 322 | | Section 1 October 1, 2025 New section |
---|
323 | 323 | | |
---|
324 | 324 | | Statement of Purpose: |
---|
325 | 325 | | To authorize the use of terramation for the final disposition of human |
---|
326 | 326 | | remains. |
---|
327 | 327 | | |
---|
328 | 328 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
329 | 329 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
330 | 330 | | underlined.] |
---|
331 | 331 | | |
---|