AB 289 — Enacts provisions relating to the natural organic reduction of human remains. (BDR 40-606)

REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§ 4 & NRS 642.0693, 642.0696, 642.368, 642.435, 642.450) A.B.

289289–Assemblymen ACarter; SSEMBLY B ILLN O.

289–ALa SSEMBLYMENRue CHatch, ARTERC.H. ;

AMiller, RSummers-Armstrong UEand HWatts ATCHJoint ,Sponsor: C.H.

MILLERSenator ,Pazina UMMERSCHAPTER.......... -A RMSTRONG AND W ATTS M ARCH 14, 2023 ____________ JOINT SPONSOR :

ENATOR P AZINA ____________ Referred to Committee on Health and Human Services SUMMARY—Enacts provisions relating to the natural organic reduction of human remains.

(BDR 40-606) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 451.600-451.715) This bill authorizes the use of natural organic reduction for the disposition of human remains, which is defined by section 1 of this bill as the contained, accelerated conversion of human remains to soil.

Section 3 of this bill revises the definition of “cremation” to include natural organic reduction.

As a result of the incorporation of natural organic reduction into this definition, certain penalty provisions for violations of various requirements governing the disposition of human remains and the licensing, permitting andandements certification of operators and facilities are also applicable to natural organic reduction.

consistSection 6 of materialsthis thatbill arerequires readilycontainers reducibleused byfor natural organic reduction.ionreduction to Sectionconsist 5 of thismaterials billthat authorizesare thereadily Boardreducible toby adopt regulations governing natural organic reduction.

-natural *AB289*organic –reduction. 2 – Existing law imposes restrictions on where crematories in certain cities and towns may be located, but provides an exception for crematories proposing to cremate human remains only using alkaline hydrolysis if the board of county applicable, provides written notice to the Board consenting to the proposed location.

authorizes the Board to adopt regulations governing Existing law imposes restrictions on where crematories in certain cities and towns may be located, but provides an exception for crematories proposing to cremate human remains only using alkaline hydrolysis if the board of county commissioners of the county or the governing body of the city or town, as applicable, provides written notice to the Board consenting to the proposed location.

Existing law requires cremated remains for certain disposition be reduced to particles no larger than one-eighth of an inch.

(NRS 451.700) Section 8 of this bill requirement.soilexempts the soil resulting from natural organic reduction from this size Sectionrequirement. 7 of this bill makes a conforming change to account for the inclusion of natural organic reduction, and the soil resulting from it, in the definition of cremation.

Section 7 of this bill makes a conforming change to account for the inclusion of natural organic reduction, and the soil resulting from it, in the definition of cremation.

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

451.617 “Cremation” means the technical process that reduces human remains to bone fragments or soil by using alkalinealkalineeduces hydrolysis , [or] incineration [.] or natural organic reduction.

- *AB289* – 3 – 3.

and (b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.

from the boundary line of any parcel 4.

If a crematory proposes to cremate human remains only through alkaline hydrolysis [,] or natural organic reduction, the Board- may82nd issueSession a(2023) license– to3 the– applicant regardless of the location if the board of county commissioners of the county or the governinggoverningon body of the city or town, as applicable, in which the crematory is proposed to be located provides written notice to the Board consenting to the proposed location of the crematory.

7.applicable, the location and shall issue the license if:t and, if (a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive , [;] and section of this act;

The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:

(a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive , [;] and section 1 of this act;

- *AB289* – 4 – (a) The conditions under which the remains of a person who has died from a communicable or otherwise dangerous disease may bebehas transported to a crematory for cremation;

The Nevada Funeral and Cemetery Services Board may bring legal proceedings to enjoin any person who violates any provision of NRS 451.600 to 451.715, inclusive, and section 1 of this act, any regulation adopted pursuant thereto or any order of the - 82nd Session (2023) – 4 – Board from operating a crematory.

Sec.451.670 1.NRS 4No operator of a crematory may require that:

6.human remains be placed in a casket, or refuse to accept human remains for cremation because they are not in a casket.

NRS 451.670 is hereby amended to read as follows:

451.670 1.

No operator of a crematory may require that human remains be placed in a casket, or refuse to accept human remains for cremation because they are not in a casket.

Unless otherwise ordered in writing by the agent, the operator shall incinerate , [or] dissolve or reduce the container, as applicable,appSec. as the remains are cremated.