Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1612 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. 1845 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1612
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 alkaline hydrolysis as an environmentally-friendly burial alternative.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jacob R. OliveiraHampden, Hampshire and Worcester 1 of 7
16	16	SENATE DOCKET, NO. 1845 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1612
18	18	By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1612) of Jacob R. Oliveira for
19	19	legislation relative to burial alternatives that protect the environment. Public Health.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1451 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to alkaline hydrolysis as an environmentally-friendly burial alternative.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 14 of chapter 38 of the General Laws, as appearing in the 2022
31	31	2Official Edition, is hereby amended by inserting after the word “cremation”, in lines 6, 7 and 9,
32	32	3in each instance, the following words:- , alkaline hydrolysis.
33	33	4 SECTION 2. Said section 14 of said chapter 38, as so appearing, is hereby further
34	34	5amended by inserting after the word “cremation”, in lines 10, 14 and 16, in each instance, the
35	35	6following words:- or alkaline hydrolysis.
36	36	7 SECTION 3. Section 14A of chapter 85 of the General Laws, as so appearing, is hereby
37	37	8amended by striking out, in line 26, the following word:- cremated. 2 of 7
38	38	9 SECTION 4. Section 202 of chapter 111 of the General Laws, as so appearing, is hereby
39	39	10amended by striking out, in line 43, the word “cremated” and inserting in place thereof the
40	40	11following words:- disposed of by cremation or alkaline hydrolysis.
41	41	12 SECTION 5. Said section 202 of said chapter 111, as so appearing, is hereby further
42	42	13amended by inserting after the word “entombment”, in line 55, the following words:-, alkaline
43	43	14hydrolysis.
44	44	15 SECTION 6. Section 82 of chapter 112 of the General Laws, as so appearing, is hereby
45	45	16amended by inserting after the word “cremation”, in line 10, the following words:- , alkaline
46	46	17hydrolysis.
47	47	18 SECTION 7. Section 83 of said chapter 112, as so appearing, is hereby amended by
48	48	19inserting after the word “cremation”, in lines 40 and 43, in each instance, the following words:- ,
49	49	20alkaline hydrolysis.
50	50	21 SECTION 8. Section 4 of chapter 113 of the General Laws, as so appearing, is hereby
51	51	22amended by striking out, in line 9, the words “buried or cremated” and inserting in place thereof
52	52	23the following words:- disposed of by burial, cremation or alkaline hydrolysis.
53	53	24 SECTION 9. Section 14 of chapter 113A of the General Laws, as so appearing, is hereby
54	54	25amended by inserting after the word “burial”, in lines 49 and 50, in each instance, the following
55	55	26words:- , alkaline hydrolysis.
56	56	27 SECTION 10. Section 1 of chapter 114 of the General Laws, as appearing in the 2022
57	57	28Official Edition, is hereby amended by inserting after the introductory paragraph the definition:- 3 of 7
58	58	29 "Alkaline hydrolysis" or "hydrolysis", the reduction of human remains to bone fragments
59	59	30and essential elements in a licensed hydrolysis facility using heat, pressure, water and base
60	60	31chemical agents.
61	61	32 SECTION 11. Said section 1 of said chapter 114, as so appearing, is hereby further
62	62	33amended by inserting after the definition of “Grave liner” the following definition:-
63	63	34 "Hydrolysis facility", a structure, room or other space in a building or structure
64	64	35containing 1 or more hydrolysis vessels, to be used for alkaline hydrolysis.
65	65	36 SECTION 12. Said section 1 of said chapter 114, as so appearing, is hereby further
66	66	37amended by striking out, in line 56, the following word:- cremated.
67	67	38 SECTION 13. Said chapter 114 is hereby amended by striking out section 6, as so
68	68	39appearing, and inserting in place thereof the following section:-
69	69	40 Section 6. Such corporation may conduct cremation or alkaline hydrolysis in a hydrolysis
70	70	41facility upon the bodies of the dead. Such corporation may provide necessary buildings and
71	71	42appliances therefor and for the disposition of the remains of the dead on any land within its
72	72	43cemetery which the department of environmental protection determines is suitable therefor,
73	73	44subject to the section 43D, and such buildings and appliances shall be a part of the cemetery and
74	74	45be dedicated to the burial of the dead, and shall be held by said corporations subject to the duties,
75	75	46and with the privileges and immunities, which they now have by law.
76	76	47 SECTION 14. Section 7 of said chapter 114, as appearing in the 2022 Official Edition, is
77	77	48hereby amended by inserting after the word “cremation”, in line 3, the following words:- or
78	78	49alkaline hydrolysis. 4 of 7
79	79	50 SECTION 15. Section 9 of said chapter 114, as so appearing, is hereby amended by
80	80	51striking out, in lines 3 and 4, the words “of bodies of the dead and for the disposition of the
81	81	52ashes” and inserting in place thereof the following words:- or alkaline hydrolysis performed
82	82	53upon the bodies of the dead and for the disposition of the remains.
83	83	54 SECTION 16. Said section 9 of said chapter 114, as so appearing, is hereby further
84	84	55amended by inserting after the word “cremation”, in line 10, the following words:- or hydrolysis.
85	85	56 SECTION 17. Said chapter 114 is hereby amended by striking out section 43M, as so
86	86	57appearing, and inserting in place thereof the following section:-
87	87	58 Section 43M. Except as otherwise provided by law, or in case of a dead body being
88	88	59rightfully carried through or removed from the commonwealth for the purpose of burial or
89	89	60disposition elsewhere, every dead body of a human being dying within the commonwealth, and
90	90	61the remains of any body after dissection therein, shall be decently buried, entombed in a
91	91	62mausoleum, vault or tomb or disposed of by cremation or alkaline hydrolysis within a reasonable
92	92	63time after death. The permanent disposition of such bodies or remains shall be by interment in
93	93	64the earth or deposit in a chamber, vault or tomb of a cemetery owned, maintained and operated in
94	94	65accordance with the laws of this commonwealth, by deposit in a crypt of a mausoleum, or by
95	95	66cremation or alkaline hydrolysis. The remains of a human body after cremation or hydrolysis
96	96	67may be deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of
97	97	68in any manner not contrary to law. Notwithstanding any general or special law to the contrary, a
98	98	69funeral establishment in possession of the remains of a human body which is not claimed by a
99	99	70next-of-kin or duly authorized representative within 12 months after the date of cremation or
100	100	71alkaline hydrolysis may have the remains interred or placed in a common grave, niche or crypt in 5 of 7
101	101	72a cemetery, or scattered in an area of the cemetery designated for that purpose; provided,
102	102	73however, that if the deceased is a veteran of the United States Armed Forces the deceased shall
103	103	74be interred at a veterans' cemetery. Each cemetery and funeral establishment shall maintain
104	104	75permanent records of such disposition. There shall be no liability for a funeral establishment,
105	105	76cemetery or corporation described in section 6, or any employee or agent thereof that disposes of
106	106	77unclaimed remains in accordance with this section. Each municipality or cemetery corporation
107	107	78shall maintain records which identify the name, if known, of the dead human body or remains in
108	108	79each burial lot, tomb or vault under its control. No deposit of the bodies or remains of the human
109	109	80dead shall be made in a single chamber, vault or tomb wholly or partly above the natural surface
110	110	81of the ground unless the part thereof below such surface is of a permanent character, constructed
111	111	82of materials capable of withstanding extreme climatic conditions, waterproof and air tight, and
112	112	83capable of being sealed permanently to prevent all escape of effluvia, and unless the part thereof
113	113	84above the natural surface of the ground is constructed of natural stone of a standard not less than
114	114	85that required by the United States government for monuments erected in national cemeteries, of
115	115	86durability sufficient to withstand all conditions of weather.
116	116	87 Notwithstanding any general or special law to the contrary and for the purposes of this
117	117	88section, a board of health may serve as the duly authorized representative for the purpose of
118	118	89requesting cremation or alkaline hydrolysis of unclaimed remains by signing a form under the
119	119	90following circumstances: (i) the unclaimed remains shall be in a location that is within the
120	120	91jurisdiction of the board of health; (ii) the board of health has received notice from a licensed
121	121	92funeral director that either no person has come forward to claim the remains or that no person
122	122	93may legally claim the remains; provided, however, that the board of health shall wait 30 days
123	123	94after such notification under this clause prior to signing the form. The unclaimed remains shall 6 of 7
124	124	95then be viewed by a medical examiner or forensic investigator designated by the chief medical
125	125	96examiner pursuant to section 14 of chapter 38, who shall authorize the cremation or hydrolysis
126	126	97only when no further examination or judicial inquiry concerning the death is necessary. The
127	127	98office of the chief medical examiner may waive the fee set forth in said section 14 of said chapter
128	128	9938 for cremation authorizations pursuant to this section. There shall be no liability for a board of
129	129	100health or an employee, agent, or licensee thereof that authorizes the disposal of unclaimed
130	130	101remains in accordance with this section. Nothing in this section shall supersede the obligations of
131	131	102the office of the chief medical examiner as set forth in this chapter and chapter 38.
132	132	103 SECTION 18. Said chapter 114 is hereby further amended by striking out section 44 and
133	133	104inserting in place thereof the following section:-
134	134	105 Section 44. Cremation or alkaline hydrolysis shall not be conducted upon the body of a
135	135	106deceased person within 48 hours after the person’s decease, unless the person died of a
136	136	107contagious or infectious disease. If the death occurred within the commonwealth, cremation or
137	137	108alkaline hydrolysis shall not be conducted upon the body by any corporation described in section
138	138	1096 until the corporation’s officers have received (i) the certificate or burial permit required by law
139	139	110before burial; and (ii) a certificate from a medical examiner or similarly authorized person who
140	140	111has viewed the body and made personal inquiry into the cause and manner of death and is of
141	141	112opinion that no further examination or judicial inquiry concerning the same is necessary. If the
142	142	113death occurs without the commonwealth, the medical examiner's certificate may be provided by
143	143	114a medical examiner or similarly authorized person in whose jurisdiction the death occurred or the
144	144	115reception and cremation or hydrolysis of the body of a deceased person shall be governed by a
145	145	116by-law or regulation made or approved by the department of public health as provided in section
146	146	1179. 7 of 7
147	147	118 SECTION 19. Section 44A of said chapter 114, as so appearing, is hereby amended by
148	148	119striking out, in line 1, the words “to be cremated” and inserting in place thereof the following
149	149	120words:- prior to cremation or alkaline hydrolysis.
150	150	121 SECTION 20. Said chapter 114 is hereby further amended by striking out section 47 and
151	151	122inserting in place thereof the following section:-
152	152	123 Section 47. No person having the care of a cemetery, burial ground, hydrolysis facility or
153	153	124crematory shall permit the burial, removal, hydrolysis or cremation of a human body until the
154	154	125permit for such burial, removal, hydrolysis or cremation has been delivered to him, nor permit
155	155	126the remains of a human body to be buried therein until there has been delivered to him a
156	156	127certificate that the burial permit and the certificate of the medical examiner prerequisite to the
157	157	128disposal of said body have been duly presented.
158	158	129 Upon the burial, removal, hydrolysis or cremation of a body, the superintendent or other
159	159	130officer in charge of the cemetery, hydrolysis facility or crematory shall indorse upon the coupon
160	160	131accompanying the permit the fact of such burial, removal, hydrolysis or cremation, with the date
161	161	132thereof, shall make and preserve in the files of the cemetery or crematory a record of such burial,
162	162	133removal, hydrolysis or cremation, including any recital in the burial permit relative to service of
163	163	134the deceased as a veteran as defined in section 10 of chapter 46, and also the location of the
164	164	135grave or other receptacle of the body or remains of the deceased, and shall forthwith return the
165	165	136coupon to the office issuing the same; provided, that if there is no officer in charge of the
166	166	137cemetery or crematory, such duties shall be performed by the undertaker.