Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2819 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to health; establishing requirements for green burials; amending Minnesota
3	3		1.3 Statutes 2024, section 149A.02, by adding a subdivision; proposing coding for
4	4		1.4 new law in Minnesota Statutes, chapters 306; 307.
5	5		1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6		1.6 Section 1. Minnesota Statutes 2024, section 149A.02, is amended by adding a subdivision
7	7		1.7to read:
8	8		1.8 Subd. 42.Green burial."Green burial" means a method of burial that emphasizes
9	9		1.9environmental sustainability without interfering with natural decomposition and:
10	10		1.10 (1) the body is not embalmed;
11	11		1.11 (2) a biodegradable casket or shroud is used; and
12	12		1.12 (3) no vault or outer burial container is employed for a casket or shroud.
13	13		1.13 Sec. 2. [306.991] GREEN BURIALS IN PUBLIC CEMETERIES.
14	14		1.14 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
15	15		1.15the meanings given.
16	16		1.16 (b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.
17	17		1.17 (c) "Green burial" has the meaning given in section 149A.02, subdivision 42.
18	18		1.18 (d) "Natural watercourse" has the meaning given in section 103G.005, subdivision 13.
19	19		1.19 (e) "Ordinary high-water level" has the meaning given in section 103G.005, subdivision
20	20		1.2014.
21	21		1Sec. 2.
22		-	S2819-~~2 2nd~~ EngrossmentSF2819 REVISOR SGS
	22	+	S2819-1 1st EngrossmentSF2819 REVISOR SGS
23	23		SENATE
24	24		STATE OF MINNESOTA
25	25		S.F. No. 2819NINETY-FOURTH SESSION
26	26		(SENATE AUTHORS: RARICK, Koran, Kupec, Fateh and Clark)
27	27		OFFICIAL STATUSD-PGDATE
28	28		Introduction and first reading93103/20/2025
29	29		Referred to Commerce and Consumer Protection
30	30		Authors added Koran; Kupec; Fateh; Clark103003/24/2025
31		-	Comm report: To pass as amended and re-refer to State and Local Government1067a03/27/2025
32		-	Comm report: To pass as amended and re-refer to Health and Human Services04/01/2025 2.1 (f) "Water supply well" has the meaning given in section 103I.005, subdivision 20a.
	31	+	Comm report: To pass as amended and re-refer to State and Local Government03/27/2025 2.1 (f) "Water supply well" has the meaning given in section 103I.005, subdivision 20a.
33	32		2.2 Subd. 2.Green burial requirements.A municipality, town, or other cemetery governed
34	33		2.3by this chapter that allows for green burials must comply with the requirements of this
35	34		2.4section.
36	35		2.5 Subd. 3.Green burial plot locations.(a) Green burial plots must have a designated
37	36		2.6location within the cemetery. Green burial plot locations must:
38	37		2.7 (1) be set back 50 feet from property lines;
39	38		2.8 (2) maintain at least three and one-half feet clearance above the ordinary high-water
40	39		2.9level;
41	40		2.10 (3) not be in standing water;
42	41		2.11 (4) not be within zone 1 groundwater source protection zones around a spring, water
43	42		2.12supply well, or a shaft drilled into the ground meant to extract water; and
44	43		2.13 (5) not be within flood-prone areas.
45	44		2.14 (b) Green burial plot locations must be a certain distance from water sources. Green
46	45		2.15burial plot locations must be:
47	46		2.16 (1) 50 feet from water supply wells and shafts drilled into the ground used to extract
48	47		2.17water;
49	48		2.18 (2) 100 feet from other springs or watercourses; and
50	49		2.19 (3) 33 feet from drainage systems.
51	50		2.20 Subd. 4.Burial depth.(a) Green burial plots must be at a minimum depth of three and
52	51		2.21one-half feet from the base of the grave to the soil horizon.
53	52		2.22 (b) Green burials must have three and one-half feet of cover.
54	53		2.23 Subd. 5.Burial density.Green burial plots must be a maximum of 300 burials per acre
55	54		2.24over a 100 year period.
56		-	2.25 Sec. 3. [306.992] SCATTERING OF HYDROLYZED OR CREMATED REMAINS.
57		-	2.26 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have
58		-	2.27the meanings given.
59		-	2.28 (b) "Cremated remains" has the meaning given in section 149A.02, subdivision 7.
60		-	2.29 (c) "Hydrolyzed remains" has the meaning given in section 149A.02, subdivision 24a.
	55	+	2.25 Sec. 3. [306.992] SCATTERING OF CREMATED REMAINS.
	56	+	2.26 A municipality, town, or other cemetery governed by this chapter that allows for scattering
	57	+	2.27of cremated remains must designate a location within the cemetery for the scattering of
	58	+	2.28cremated remains.
61	59		2Sec. 3.
62		-	S2819-2 2nd EngrossmentSF2819 REVISOR SGS 3.1 Subd. 2.Designated location.A municipality, town, or other cemetery governed by
63		-	3.2this chapter that allows for scattering of hydrolyzed remains or cremated remains must
64		-	3.3designate a location within the cemetery for the scattering of hydrolyzed remains or cremated
65		-	3.4remains.
66		-	3.5 Sec. 4. [307.14] GREEN BURIALS IN PRIVATE CEMETERIES.
67		-	3.6 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
68		-	3.7the meanings given.
69		-	3.8 (b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.
70		-	3.9 (c) "Green burial" has the meaning given in section 149A.02, subdivision 42.
71		-	3.10 (d) "Natural watercourse" has the meaning given in section 103G.005, subdivision 13.
72		-	3.11 (e) "Ordinary high-water level" has the meaning given in section 103G.005, subdivision
73		-	3.1214.
74		-	3.13 (f) "Water supply well" has the meaning given in section 103I.005, subdivision 20a.
75		-	3.14 Subd. 2.Green burial requirements.A person who owns a cemetery governed by this
76		-	3.15chapter that allows for green burials must comply with the requirements of this section.
77		-	3.16 Subd. 3.Green burial plot locations.(a) Green burial plots must have a designated
78		-	3.17location within the cemetery. Green burial plot locations must:
79		-	3.18 (1) be set back 50 feet from property lines;
80		-	3.19 (2) maintain at least three and one-half feet clearance above the ordinary high-water
81		-	3.20level;
82		-	3.21 (3) not be in standing water;
83		-	3.22 (4) not be within zone 1 groundwater source protection zones around a spring, water
84		-	3.23supply well, or a shaft drilled into the ground meant to extract water; and
85		-	3.24 (5) not be within flood-prone areas.
86		-	3.25 (b) Green burial plot locations must be a certain distance from water sources. Green
87		-	3.26burial plot locations must be:
88		-	3.27 (1) 50 feet from water supply wells and shafts drilled into the ground used to extract
89		-	3.28water;
90		-	3.29 (2) 100 feet from other springs or watercourses; and
91		-	3.30 (3) 33 feet from drainage systems.
	60	+	S2819-1 1st EngrossmentSF2819 REVISOR SGS 3.1 Sec. 4. [307.14] GREEN BURIALS IN PRIVATE CEMETERIES.
	61	+	3.2 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
	62	+	3.3the meanings given.
	63	+	3.4 (b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.
	64	+	3.5 (c) "Green burial" has the meaning given in section 149A.02, subdivision 42.
	65	+	3.6 (d) "Natural watercourse" has the meaning given in section 103G.005, subdivision 13.
	66	+	3.7 (e) "Ordinary high-water level" has the meaning given in section 103G.005, subdivision
	67	+	3.814.
	68	+	3.9 (f) "Water supply well" has the meaning given in section 103I.005, subdivision 20a.
	69	+	3.10 Subd. 2.Green burial requirements.A person who owns a cemetery governed by this
	70	+	3.11chapter that allows for green burials must comply with the requirements of this section.
	71	+	3.12 Subd. 3.Green burial plot locations.(a) Green burial plots must have a designated
	72	+	3.13location within the cemetery. Green burial plot locations must:
	73	+	3.14 (1) be set back 50 feet from property lines;
	74	+	3.15 (2) maintain at least three and one-half feet clearance above the ordinary high-water
	75	+	3.16level;
	76	+	3.17 (3) not be in standing water;
	77	+	3.18 (4) not be within zone 1 groundwater source protection zones around a spring, water
	78	+	3.19supply well, or a shaft drilled into the ground meant to extract water; and
	79	+	3.20 (5) not be within flood-prone areas.
	80	+	3.21 (b) Green burial plot locations must be a certain distance from water sources. Green
	81	+	3.22burial plot locations must be:
	82	+	3.23 (1) 50 feet from water supply wells and shafts drilled into the ground used to extract
	83	+	3.24water;
	84	+	3.25 (2) 100 feet from other springs or watercourses; and
	85	+	3.26 (3) 33 feet from drainage systems.
	86	+	3.27 Subd. 4.Burial depth.(a) Green burial plots must be at a minimum depth of three and
	87	+	3.28one-half feet from the base of the grave to the soil horizon.
	88	+	3.29 (b) Green burials must have three and one-half feet of cover.
92	89		3Sec. 4.
93		-	S2819-2 2nd EngrossmentSF2819 REVISOR SGS 4.1 Subd. 4.Burial depth.(a) Green burial plots must be at a minimum depth of three and
94		-	4.2one-half feet from the base of the grave to the soil horizon.
95		-	4.3 (b) Green burials must have three and one-half feet of cover.
96		-	4.4 Subd. 5.Burial density.Green burial plots must be a maximum of 300 burials per acre
97		-	4.5over a 100 year period.
98		-	4.6 Sec. 5. [307.15] SCATTERING OF HYDROLYZED OR CREMATED REMAINS.
99		-	4.7 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have
100		-	4.8the meanings given.
101		-	4.9 (b) "Cremated remains" has the meaning given in section 149A.02, subdivision 7.
102		-	4.10 (c) "Hydrolyzed remains" has the meaning given in section 149A.02, subdivision 24a.
103		-	4.11 Subd. 2.Designated location.A person who owns a cemetery governed by this chapter
104		-	4.12that allows for scattering of hydrolyzed remains or cremated remains must designate a
105		-	4.13location within the cemetery for the scattering of hydrolyzed or cremated remains.
	90	+	S2819-1 1st EngrossmentSF2819 REVISOR SGS 4.1 Subd. 5.Burial density.Green burial plots must be a maximum of 300 burials per acre
	91	+	4.2over a 100 year period.
	92	+	4.3 Sec. 5. [307.15] SCATTERING OF CREMATED REMAINS.
	93	+	4.4 A person who owns a cemetery governed by this chapter that allows for scattering of
	94	+	4.5cremated remains must designate a location within the cemetery for the scattering of cremated
	95	+	4.6remains.
106	96		4Sec. 5.
107		-	S2819-~~2 2nd~~ EngrossmentSF2819 REVISOR SGS
	97	+	S2819-1 1st EngrossmentSF2819 REVISOR SGS