Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1611 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1844 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1611
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jacob R. Oliveira
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to natural organic reduction as an environmentally-friendly burial alternative.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jacob R. OliveiraHampden, Hampshire and WorcesterPaul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	2/27/2025 1 of 7
18	18	SENATE DOCKET, NO. 1844 FILED ON: 1/16/2025
19	19	SENATE . . . . . . . . . . . . . . No. 1611
20	20	By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1611) of Jacob R. Oliveira and
21	21	Paul W. Mark for legislation to offer natural organic reduction as an environmentally-friendly
22	22	burial alternative. Public Health.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to natural organic reduction as an environmentally-friendly burial alternative.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 14 of chapter 38 of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by inserting after the word “cremation”, in lines 6, 7 and 9,
33	33	3in each instance, the following words:- , natural organic reduction.
34	34	4 SECTION 2. Said section 14 of said chapter 38, as so appearing, is hereby further
35	35	5amended by inserting after the word “cremation”, in lines 10, 14 and 16, in each instance, the
36	36	6following words:- or natural organic reduction.
37	37	7 SECTION 3. Section 14A of chapter 85 of the General Laws, as so appearing, is hereby
38	38	8amended by striking out, in line 26, the following word:- cremated.
39	39	9 SECTION 4. Section 202 of chapter 111 of the General Laws, as so appearing, is hereby
40	40	10amended by striking out, in line 43, the word “cremated” and inserting in place thereof the
41	41	11following words:- disposed of by cremation or natural organic reduction. 2 of 7
42	42	12 SECTION 5. Said section 202 of said chapter 111, as so appearing, is hereby further
43	43	13amended by inserting after the word “entombment”, in line 55, the following words:-, natural
44	44	14organic reduction.
45	45	15 SECTION 6. Section 82 of chapter 112 of the General Laws, as so appearing, is hereby
46	46	16amended by inserting after the word “cremation”, in line 10, the following words:- , natural
47	47	17organic reduction.
48	48	18 SECTION 7. Section 83 of said chapter 112, as so appearing, is hereby amended by
49	49	19inserting after the word “cremation”, in lines 40 and 43, in each instance, the following words:- ,
50	50	20natural organic reduction.
51	51	21 SECTION 8. Section 4 of chapter 113 of the General Laws, as so appearing, is hereby
52	52	22amended by striking out, in line 9, the words “buried or cremated” and inserting in place thereof
53	53	23the following words:- disposed of by burial, cremation or natural organic reduction.
54	54	24 SECTION 9. Section 14 of chapter 113A of the General Laws, as so appearing, is hereby
55	55	25amended by inserting after the word “burial”, in lines 49 and 50, in each instance, the following
56	56	26words:- , natural organic reduction.
57	57	27 SECTION 10. Said section 1 of said chapter 114, as so appearing, is hereby further
58	58	28amended by inserting after the definition of “Monument or memorial” the following 2
59	59	29definitions:-
60	60	30 “Natural organic reduction", the contained, accelerated conversion of human remains to
61	61	31soil. 3 of 7
62	62	32 "Natural organic reduction facility", a structure, room or other space in a building or real
63	63	33property where natural organic reduction of a human body occurs.
64	64	34 SECTION 11. Said section 1 of said chapter 114, as so appearing, is hereby further
65	65	35amended by striking out, in line 56, the following word:- cremated.
66	66	36 SECTION 12. Said chapter 114 is hereby amended by striking out section 6, as so
67	67	37appearing, and inserting in place thereof the following section:-
68	68	38 Section 6. Such corporation may conduct cremation or natural organic reduction in a
69	69	39natural organic reduction facility upon the bodies of the dead. Such corporation may provide
70	70	40necessary buildings and appliances therefor and for the disposition of the remains of the dead on
71	71	41any land within its cemetery which the department of environmental protection determines is
72	72	42suitable therefor, subject to the section 43D, and such buildings and appliances shall be a part of
73	73	43the cemetery and be dedicated to the burial of the dead, and shall be held by said corporations
74	74	44subject to the duties, and with the privileges and immunities, which they now have by law.
75	75	45 SECTION 13. Section 7 of said chapter 114, as appearing in the 2022 Official Edition, is
76	76	46hereby amended by inserting after the word “cremation”, in line 3, the following words:- or
77	77	47natural organic reduction.
78	78	48 SECTION 14. Section 9 of said chapter 114, as so appearing, is hereby amended by
79	79	49striking out, in lines 3 and 4, the words “of bodies of the dead and for the disposition of the
80	80	50ashes” and inserting in place thereof the following words:- or natural organic reduction
81	81	51performed upon the bodies of the dead and for the disposition of the remains. 4 of 7
82	82	52 SECTION 15. Said section 9 of said chapter 114, as so appearing, is hereby further
83	83	53amended by inserting after the word “cremation”, in line 10, the following words:- or natural
84	84	54organic reduction.
85	85	55 SECTION 16. Said chapter 114 is hereby amended by striking out section 43M, as so
86	86	56appearing, and inserting in place thereof the following section:-
87	87	57 Section 43M. Except as otherwise provided by law, or in case of a dead body being
88	88	58rightfully carried through or removed from the commonwealth for the purpose of burial or
89	89	59disposition elsewhere, every dead body of a human being dying within the commonwealth, and
90	90	60the remains of any body after dissection therein, shall be decently buried, entombed in a
91	91	61mausoleum, vault or tomb or disposed of by cremation or natural organic reduction within a
92	92	62reasonable time after death. The permanent disposition of such bodies or remains shall be by
93	93	63interment in the earth or deposit in a chamber, vault or tomb of a cemetery owned, maintained
94	94	64and operated in accordance with the laws of this commonwealth, by deposit in a crypt of a
95	95	65mausoleum, or by cremation or natural organic reduction. The remains of a human body after
96	96	66cremation or natural organic reduction may be deposited in a niche of a columbarium or a crypt
97	97	67of a mausoleum, buried or disposed of in any manner not contrary to law. Notwithstanding any
98	98	68general or special law to the contrary, a funeral establishment in possession of the remains of a
99	99	69human body which is not claimed by a next-of-kin or duly authorized representative within 12
100	100	70months after the date of cremation or natural organic reduction may have the remains interred or
101	101	71placed in a common grave, niche or crypt in a cemetery, or scattered in an area of the cemetery
102	102	72designated for that purpose; provided, however, that if the deceased is a veteran of the United
103	103	73States Armed Forces the deceased shall be interred at a veterans' cemetery. Each cemetery and
104	104	74funeral establishment shall maintain permanent records of such disposition. There shall be no 5 of 7
105	105	75liability for a funeral establishment, cemetery or corporation described in section 6, or any
106	106	76employee or agent thereof that disposes of unclaimed remains in accordance with this section.
107	107	77Each municipality or cemetery corporation shall maintain records which identify the name, if
108	108	78known, of the dead human body or remains in each burial lot, tomb or vault under its control. No
109	109	79deposit of the bodies or remains of the human dead shall be made in a single chamber, vault or
110	110	80tomb wholly or partly above the natural surface of the ground unless the part thereof below such
111	111	81surface is of a permanent character, constructed of materials capable of withstanding extreme
112	112	82climatic conditions, waterproof and air tight, and capable of being sealed permanently to prevent
113	113	83all escape of effluvia, and unless the part thereof above the natural surface of the ground is
114	114	84constructed of natural stone of a standard not less than that required by the United States
115	115	85government for monuments erected in national cemeteries, of durability sufficient to withstand
116	116	86all conditions of weather.
117	117	87 Notwithstanding any general or special law to the contrary and for the purposes of this
118	118	88section, a board of health may serve as the duly authorized representative for the purpose of
119	119	89requesting cremation, or natural organic reduction of unclaimed remains by signing a form under
120	120	90the following circumstances: (i) the unclaimed remains shall be in a location that is within the
121	121	91jurisdiction of the board of health; (ii) the board of health has received notice from a licensed
122	122	92funeral director that either no person has come forward to claim the remains or that no person
123	123	93may legally claim the remains; provided, however, that the board of health shall wait 30 days
124	124	94after such notification under this clause prior to signing the form. The unclaimed remains shall
125	125	95then be viewed by a medical examiner or forensic investigator designated by the chief medical
126	126	96examiner pursuant to section 14 of chapter 38, who shall authorize the cremation or natural
127	127	97organic reduction only when no further examination or judicial inquiry concerning the death is 6 of 7
128	128	98necessary. The office of the chief medical examiner may waive the fee set forth in said section
129	129	9914 of said chapter 38 for cremation authorizations pursuant to this section. There shall be no
130	130	100liability for a board of health or an employee, agent, or licensee thereof that authorizes the
131	131	101disposal of unclaimed remains in accordance with this section. Nothing in this section shall
132	132	102supersede the obligations of the office of the chief medical examiner as set forth in this chapter
133	133	103and chapter 38.
134	134	104 SECTION 17. Said chapter 114 is hereby further amended by striking out section 44 and
135	135	105inserting in place thereof the following section:-
136	136	106 Section 44. Cremation or natural organic reduction shall not be conducted upon the body
137	137	107of a deceased person within 48 hours after the person’s decease, unless the person died of a
138	138	108contagious or infectious disease. If the death occurred within the commonwealth, cremation or
139	139	109natural organic reduction shall not be conducted upon the body by any corporation described in
140	140	110section 6 until the corporation’s officers have received (i) the certificate or burial permit required
141	141	111by law before burial; and (ii) a certificate from a medical examiner or similarly authorized
142	142	112person who has viewed the body and made personal inquiry into the cause and manner of death
143	143	113and is of opinion that no further examination or judicial inquiry concerning the same is
144	144	114necessary. If the death occurs without the commonwealth, the medical examiner's certificate may
145	145	115be provided by a medical examiner or similarly authorized person in whose jurisdiction the death
146	146	116occurred or the reception and cremation or natural organic reduction of the body of a deceased
147	147	117person shall be governed by a by-law or regulation made or approved by the department of
148	148	118public health as provided in section 9. 7 of 7
149	149	119 SECTION 18. Section 44A of said chapter 114, as so appearing, is hereby amended by
150	150	120striking out, in line 1, the words “to be cremated” and inserting in place thereof the following
151	151	121words:- prior to cremation or natural organic reduction.
152	152	122 SECTION 19. Said chapter 114 is hereby further amended by striking out section 47 and
153	153	123inserting in place thereof the following section:-
154	154	124 Section 47. No person having the care of a cemetery, burial ground, natural organic
155	155	125reduction facility or crematory shall permit the burial, removal, natural organic reduction or
156	156	126cremation of a human body until the permit for such burial, removal, natural organic reduction or
157	157	127cremation has been delivered to him, nor permit the remains of a human body to be buried
158	158	128therein until there has been delivered to him a certificate that the burial permit and the certificate
159	159	129of the medical examiner prerequisite to the disposal of said body have been duly presented.
160	160	130 Upon the burial, removal, natural organic reduction or cremation of a body, the
161	161	131superintendent or other officer in charge of the cemetery, natural organic reduction facility or
162	162	132crematory shall indorse upon the coupon accompanying the permit the fact of such burial,
163	163	133removal, natural organic reduction or cremation, with the date thereof, shall make and preserve
164	164	134in the files of the cemetery or crematory a record of such burial, removal, natural organic
165	165	135reduction or cremation, including any recital in the burial permit relative to service of the
166	166	136deceased as a veteran as defined in section 10 of chapter 46, and also the location of the grave or
167	167	137other receptacle of the body or remains of the deceased, and shall forthwith return the coupon to
168	168	138the office issuing the same; provided, that if there is no officer in charge of the cemetery or
169	169	139crematory, such duties shall be performed by the undertaker.