Existing law establishes the Cemetery and Funeral Act and authorizes the Cemetery and Funeral Bureau, under the direction of the Department of Consumer Affairs, to establish necessary rules and regulations for the administration and enforcement of the act.

Existing law authorizes the local regulation of cemeteries, including the standards governing burial, inurnment, and entombment, and standards regarding cemetery maintenance and upkeep, as necessary to protect the health or safety of the public.

This bill would authorize a public or private cemetery to designate a separate, clearly marked section of the cemetery where deceased pets could be buried with their deceased owners. The bill would require, if the cemetery designated such a space, that the pet and human remains be in separate remains containers, but authorizes them to be placed in the same plot, niche, crypt, or vault. The bill would require, if the cemetery designated such a space, the cemetery authority to develop and adopt rules and regulations for human and pet coburials, as specified.

Existing law allows a property owner to dedicate their property for use as a pet cemetery through specified procedures. Existing law requires for that dedication to continue until a court order or decree is issued by the superior court of the county where the property is located.

This bill would make a technical and nonsubstantive change to these provisions.

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 528 (Irwin) - Regulation of cemeteries: pet burial

Bill Summary:

AB 528 authorizes private and public cemeteries to specify a separate section of a cemetery allowing the burial, interment, entombment, or inurnment of pet remains or cremated or hydrolyzed pet remains with the remains of the pet’s owner, as specified.

Fiscal Impact:

The Cemetery and Funeral Bureau reports costs of approximately $472,000 in the first year and $456,000 annually ongoing (Cemetery and Funeral Fund).

Background:

The Bureau licenses, regulates, and investigates complaints against California funeral establishments, funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 194 licensed privately-owned cemeteries in the state.

Under current California law, deceased pet remains are not permitted in cemeteries designated for “humans” as the law currently reflects the disposition of “human remains”. Options for the final disposition of animals includes on one’s own property, pet cremations, or burials in a designated “pet cemetery.” Pet cremations are not conducted by Bureau-licensed crematories as those are designated for “human remains” and as such there is no Bureau oversight of such facilities. Same for pet cemeteries, they are not subject to Bureau’s regulations. Any regulation of these entities is likely addressed at the local level. Human remains may not be buried in pet cemeteries or cremated at a pet crematory-as only Bureau-licensed facilities are authorized to cremate or allow for the burial of human remains (unless otherwise exempt from oversight in statute, like certain religious, military, or native American facilities). There is nothing in law which explicitly permits the burial of a pet in a Bureau-licensed cemetery.

Proposed Law:

• Authorizes a private and public cemetery to specify a separate section of the cemetery that is devoted to the burial, interment, entombment, or inurnment of pet remains, cremated pet remains, or hydrolyzed pet remains with the remains of the pet’s owner.
  • Requires the section of the cemetery allowing the human and pet coburial be separate and clearly marked from the portions of the cemetery allowing exclusively human burials, interments, entombments, or inurnments.
  • Requires the pet remains or cremated or hydrolyzed pet remains to be in a separate remains container from the human remains, but allows placement in the same cemetery plot, niche, crypt, or vault.
  • Requires a cemetery that designates a section for human and pet coburial to develop and adopt rules and regulations that includes the types of dispositions allowed, types and number of pets allowed per decedent, and whether interments are allowed before, at the time of, or after death.

Staff Comments:

The Bureau breaks down their cost estimate as follows:

• $175,000 annually ongoing for an additional Associate Management Auditor (AMA) to address an increase in workload related to desk reviews and on-site visits. The Bureau notes that with the addition of an AMA, the Bureau would exceed the appropriate staff size for a single Staff Management Auditor (SMA) and therefore would require an additional SMA.
• $191,000 annually ongoing for an additional SMA.
• $106,000 on an ongoing basis for an intermittent Associate Governmental Program Analyst to assist in the review of all laws and regulations and development of inspection protocols. The Bureau notes that based on a preliminary assessment of the Bureau’s laws and regulations (Business and Professions Code, Health and Safety Codes, and California Code of Regulations), it is indicated that more than 200 code sections would need to be reviewed and/or amended.

Staff notes the boards and bureaus within the Department of Consumer Affairs are special fund agencies whose activities are funded by regulatory and license fees and generally receive no support from the General Fund. New legislative mandates, even those modest in scope, may in totality create new cost pressures and impact the entity’s operating costs, future budget requests, or license fees.

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SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Richard Roth, Chair

2023 - 2024 Regular

Bill No: Hearing Date: July 10, 2023

Subject:

SUMMARY:

Permits a public or private cemetery to designate a separate section of a cemetery for the burial, interment, entombment, and inurnment of pet remains or cremated or hydrolyzed pet remains and requires the cemetery to develop rules and regulations if the cemetery designates a section for pet and human burial purposes.

Existing law:

1. Establishes the Cemetery and Funeral Bureau (Bureau) under the Department of Consumer Affairs (DCA) for the licensure and regulation of cemeteries, funeral establishments, crematories, cemetery salespersons, hydrolysis facilities, brokers, managers, cremated remains disposers, and endowment care, as specified. (Business and Professions Code (BPC) § 7600 et seq.)
   
2. States that the powers and duties of the Bureau is subject to review by the appropriate policy committees of the Legislature. (BPC § 7602)
   
3. Authorizes the Bureau to establish necessary rules and regulations for the administration and enforcement of the Cemetery and Funeral Act (Act), as specified. (BPC § 7606)
   
4. Defines a “public cemetery” as a cemetery owned and operated by a city, county, city and county public cemetery district. (BPC § 7612.1)
   
5. States that the cemetery and funeral act does not apply to a religious corporation or church, as specified, a public cemetery, or any private or fraternal burial park not exceeding 10 acres established prior to September 19, 1939, as specified. (BPC § 7612.2)
   
6. Requires the Bureau to adopt regulations that establish the minimum standards for maintenance for endowment care cemeteries, as specified. (BPC § 7612.4)”
   
7. Defines a “cemetery manager” as a person engaged in, conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining, operating or improving of a licensed cemetery, the interring of human remains and the care, preservation, and embellishment of cemetery property. (BPC § 7611.4(a))
   
8. Authorizes the governing body of any city or county, in the exercise of its police power, prescribe standards governing burial, inurnment, and entombment and such standards of maintenance for cemeteries, including mausoleums and columbarium, as determined to be reasonably necessary to protect the public health or safety, assure decent and respectful treatment of human remains, or prevent offensive deterioration of cemetery grounds, structures, and places of interment. Such standards may be made applicable to every public and private cemetery within the city or county, as specified. (Health and Safety Code (HSC) § 8115)
   
9. Establishes minimum amounts which an endowment care cemetery must deposit into its endowment care fund at the time of, or not later than, completion of the initial sale of internment space in the cemetery. The minimum endowment care contributions are:
10. Beginning January 1, 2023 until January 1, 2024, the following:
    • 1. Either 6 percent of net price or $200, whichever is greater, with a required deposit not to exceed $6,000 for each grave;
      2. Either 6 percent of net price or $100, whichever is greater, with a required deposit not to exceed $6,000, for each niche;
      3. Either 6 percent of net price or $200, whichever is greater, with a required deposit not to exceed $6,000, for each crypt; and,
      4. Either 6 percent of net price or $100, whichever is greater, for the cremated or hydrolyzed remains, as specified.
11. Beginning January 1, 2024
12. Either 10 percent of net price or $250, whichever is greater, with a required deposit not to exceed $10,000, for each grave.
13. Either 10 percent of net price or $150, whichever is greater, with a required deposit not to exceed $10,000, for each niche.
14. Either 10 percent of net price or $250, whichever is greater, with a required deposit not to exceed $10,000, for each crypt.
15. Either 10 percent of net price or $150, whichever is greater, for the cremated or hydrolyzed remains, as specified. (HSC § 8738)
    
16. Defines the following:
    
17. “burial” to mean the process of placing human remains in a grave. (HSC § 7013)
    
18. “inurnment” to mean placing cremated remains or hydrolyzed human remains in a cremated remains container or hydrolyzed human remains container suitable for placement, burial, or shipment, and also means placing reduced human remains in a reduced human remains container suitable for placement, burial, or shipment. (HSC § 7011)
    
19. “interment” to mean the disposition of human remains by entombment or burial in a cemetery or, in the case of cremated remains, by inurnment, placement or burial in a cemetery, or burial at sea, as specified.” (HSC § 7009)
20. “burial park” to mean a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes. (HSC § 7004)
    
21. “permit for disposition of human remains” to include “burial permit” and is a permit, issued pursuant to law, for the interment, disinterment, removal, reinternment or transportation of human remains.” (HSC § 7024)
    
22. “lot,” “plot,” or “interment plot” to mean space in a cemetery, used or intended to be used for the interment of human remains. Includes and apply to one or more than one adjoining graves, one or more than one adjoining crypts or vaults, or one or more than one adjoining niches. (HSC § 7022)
    
23. “grave” to mean a space of earth in a burial park, used, or intended to be used, for the disposition of human remains. (HSC § 7014)
    
24. Defines “niche” to mean a space in a columbarium used, or intended to be used, for the placement of cremated human remains or hydrolyzed human remains. (HSC § 7016)
    
25. Authorizes the owner of property to dedicate the property to pet cemetery purposes by a notarized dedication recorded with the county recorder of the county in which the property is situated on or after January 1, 1985. (HSC § 9700)
    
26. Requires the dedication document for pet cemetery purposes to specify the

the length of time for which the dedication is made and the dedicated property must be held and used exclusively for pet cemetery purposes, unless and until the dedication is removed from all or any part of the property by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the pet cemetery owners for the purpose of removing the pet cemetery dedication and upon notice of hearing and proof satisfactory to the court of both of the following:

1. No interments were made in, or that all interments have been removed from, that portion of the property from which the dedication is sought to be removed.
   
2. The pet cemetery owners have received written authorization from those persons whose pets have been buried in the cemetery, or their heirs or assignees, to remove the dedication from their respective plots or to disinter the pet for removal to another plot location. The written authorization may or may not be given for legal consideration. (HSC § 9700)
   
3. Prohibits a person from knowingly or willfully interring the remains of more than one body in a single plot, or place a casket or other human remains in an already occupied grave, except with the express written consent of the person entitled to control the disposition of the remains, as specified. (HSC §8113.5(a))
   
4. Requires the registrar of births and deaths, if the certificate of death is properly executed and complete, to issue a permit for disposition that in all cases specifies any one of the following:
   
5. The name of the cemetery where the remains are to be interred;
   
6. Burial at sea;
   
7. The address or description of the place where remains are to be buried or scattered; or,
   
8. The address of the location where the cremated remains or hydrolyzed human remains will be kept, as specified. (HSC § 103055)

This bill:

1. Authorizes a private or public cemetery to specify a separate section of the cemetery that is devoted to the burial, interment, entombment, or inurnment of pet remains, cremated pet remains, or hydrolyzed pet remains with the remains of the pet’s owner.
   
2. Requires the section of the cemetery allowing the human and pet coburial to be separate from the portions of the cemetery allowing exclusively human burials, interments, entombments, or inurnments and be clearly marked by the cemetery.
   
3. Requires the pet remains, cremated pet remains, or hydrolyzed pet remains to be in a separate remains container from the human remains, but may be placed in the same cemetery plot, niche, crypt, or vault.
   
4. Requires a cemetery, if it designates a section of the cemetery pursuant to 1) above to develop and adopt rules and regulations for human and pet coburials and the regulations must include all of the following:
   
5. The types of dispositions that are allowed;
   
6. The types of pets that are allowed;
   
7. The number of pets allowed per decedent; and,
   
8. Whether interments are allowed before, at the time of, or after death.

FISCAL EFFECT:

According to the Assembly Committee on Appropriations, the Bureau estimates special fund costs of $472,000 in the first year and $456,000 annually ongoing to implement the provisions of this bill.

COMMENTS:

1. Purpose. The author is the sponsor of this bill. According to the author, “Nearly 16 million Californians own a pet, with pets often being regarded as part of the family. While there are many different ways that we care for our pets in life, under current law there are limited options as to how an owner can lay their pet to rest. With about a dozen pet cemeteries in California, owners only have two options- to bury or cremate their loved pets.” According to the Author, “veterinarian Mr. Morse stated that there is an ‘increasing awareness and need on the part of pet owners to do right by these pets who served them well so long,’ with owners looking for additional options when it comes to their pet’s afterlife. In 2017, NPR released an opinion piece describing the need for ‘whole- family’ cemeteries to include our pets. Aligned with NPR’s opinion piece, several states including New York, Pennsylvania, Virginia, and Florida have recognized the need for co-burial of humans and their pets, passing legislation to reflect this sentiment. However, California has yet to allow pets and their owners to be buried together. The reality is that for many families, their two or four legged friends are their family, and as such we should allow for the option of pets to be buried with their owners if the family chooses so.”
2. Background.

Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments, funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 194 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,100 licensees in the 13 different licensing categories. The Bureau has the oversight responsibility for both fiduciary and operational activities of its licensing population. The Bureau has statutory authority to enforce the licensing and practice acts in the BPC along with jurisdiction over specified provisions of the HSC dealing specifically with human remains, cemetery and crematory provisions. With respect to the financial aspect of the industry, the Bureau is responsible for the oversight and regulation of preneed funeral trust funds, cemetery endowment care trust funds, and cemetery special care trust funds. With respect to the sale of insurance policies used to fund preneed funeral arrangements, the Department of Insurance regulates the sales of such policies while the Bureau ensures compliance with price disclosures and contract requirements under the Bureau’s jurisdiction.

Cemetery Oversight. When it comes to operating a cemetery, there are typically two licenses involved, 1) the cemetery manager who is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining, operating, or improving a licensed cemetery, the interring of human remains, and the care, preservation, and embellishment of cemetery property, and 2) cemetery authority, which includes cemetery association, corporation sole, limited liability company, or other person owning or controlling cemetery lands or property.

A Bureau-licensed cemetery is any private, non-religious cemetery established after 1939. Any cemetery established after September 7, 1955 is required to be an endowment care cemetery. (HSC § 8739.1) An endowment care cemetery is one in which a portion of the purchase price is contributed to an endowment care fund. Income generated from the fund is used to provide regular care of the cemetery, including routine maintenance such as cutting grass, grave upkeep, planting and caring for trees, maintenance of water supply systems, roads, drainage, etc. The minimum amount to be contributed to the endowment care fund is governed by HSC § 8738. Current law designates the specified amount of money to be deposited into the fund for each grave, niche, crypt, or for the scattering of remains. The endowment care funds are collected no later than at completion of the initial sale. The intent of endowment care is to ensure that the maintenance and care of cemetery grounds is continuously met and to help prevent cemeteries from falling into disrepair. The Bureau has the authority to inspect and audit endowment care funds and BPC § 7612.6 specifically requires cemeteries to report annually the status and conditions of such funds.

The current regulations for cemetery maintenance standards are found under Title 16, California Code of Regulations (CCR) § 2333. The regulations require every endowment care fund cemetery to have cemetery maintenance standards, which help to ensure the property is kept in a condition that helps to prevent the offensive deterioration of a cemetery. Examples of the maintenance standards include trimming or mowing grass, removing shrubs and or trees, removing or suppressing weeds, providing a sufficient amount of water to keep grass and plants green as seasonably possible in accordance with natural terrain, availability of water, and local or county ordinances regarding water use. Further, the regulations allow cemetery maintenance and care to vary depending on its size, location, topography, and the types on internments. Although endowment care cemeteries are not required to maintain green grass, there may be expectations of individuals who seek to bury loved ones in a cemetery with desirable maintenance standards. Those cemeteries that do not have endowment care are required to notify individuals. Although not explicit in the current drafting of this bill, the author notes that the intent is for current requirements for endowment care to be applicable to sections designated for both pet and human remains.

Burials and Pet Remains. There have been a number of news articles that highlight the growing demand for pet owners to be able to share their final resting place with their animal companions. As in California, the majority of states have some form of division, which either strictly prohibits or implies that pet and human burials are to be kept separate.

Under current law in California, deceased pet remains are not permitted in cemeteries designated for “humans” as the law currently reflects the disposition of “human remains”. Options for the final disposition of animals includes on one’s own property, pet cremations, or burials in a designated “pet cemetery.” Pet cremations are not conducted by bureau-licensed crematories as those are designated for “human remains” and as such there is no Bureau oversight of such facilities. Same for pet cemeteries, they are not subject to Bureau’s regulations. Any regulation of these entities is likely addressed at the local level. Human remains may not be buried in pet cemeteries or cremated at a pet crematory-as only bureau-licensed facilities are authorized to cremate or allow for the burial of human remains (unless otherwise exempt from oversight in statute, like certain religious, military, or native American facilities). This bill does not affect unlicensed pet cemeteries or crematories that are currently operating—nor does it allow human remains to be cremated or buried at either or those unlicensed facilities.

There is nothing in law, which explicitly permits the burial of a pet in a Bureau-licensed cemetery. This bill seeks specifically include in statute the authorization for Bureau-licensed cemeteries and public cemeteries to designate a place in the cemetery where humans and pets may be buried together, either in the same coffin, urn, crypt, niche or alongside the animal in its own and separate cemetery plot, crypt, vault, or niche.

Cemeteries. Unlike other licensees under the BPC, who may retire or relinquish their license, or the business ceases to operate, a cemetery cannot just simply shutdown. The “business” does not end; there is still a piece of land or the real estate wherein deceased people are buried that need to be maintained. Many licensed cemeteries in California have been in existence for a great number of years. Some of the earlier licenses were issued in 1950.

Other States. A 2017 NPR opinion piece, “When 'Whole-Family' Cemeteries Include Our Pets,” it is acknowledged that in the United States it is not common for humans and pets to be buried together. The Op-Ed includes comments from Green Pet-Burial Society, a national/international advocacy group working to increase awareness of "whole-family" cemeteries. There a few other states which have recently introduced or passed legislation to allow for some form of human and pet burials. In the State of Louisiana, the Legislature recently passed HB 248, which provides for the burial of pet remains with human remains. In Minnesota, the Star Tribune reported in an August 15, 2022 article on Better Place Forests “which offers an alternative to a traditional cemetery. With no headstones, mausoleums or memorial benches, Better Place allows consumers to select and purchase a tree where their ashes — and those of family members, including pets — can be placed at a future date.” In 2016, it was reported that the State of New York revised a law to allow cremated remains to be buried with their owners.

Although not specified as currently drafted, the author notes the intention of this bill is to allow pet remains or cremated or hydrolyzed pet remains to not only be buried in the same casket or plot as their human companion, but also allow the pet to be buried in a separate plot, niche, or crypt, alongside the human (meaning a person would need to purchase two separate plots or more depending on the number of pets).

Public Cemeteries. This bill adds mirroring language for public cemeteries in the HSC as what is authorized for private cemeteries. As noted above, the Bureau does not have authority over those public districts with respect to licensing or enforcement.

1. Related Legislation. AB 351 (Cristina Garcia Chapter 399, Statutes of 2022), Establishes a regulatory framework for a Licensed Reduction Facility (LRF) under the jurisdiction of the Bureau for the disposition of human remains; requires training for LRF employees; defines “reduced human remains”; imposes the same requirements for reduced human remains as cremated and hydrolyzed remains; and, requires the Bureau and the Department of Public Health to implement specified regulations by July 1, 2024.

AB 501 (Cristina Garcia of 2021), would have established new regulatory processes for the disposal of reduced human remains and imposes the same requirements and prohibitions on reduced remains as for cremated and hydrolyzed remains. (Status: This bill was held on suspense in the Senate Appropriations Committee)

AB 2592 (Cristina Garcia of 2021), would have established a new regulatory process for a LRF, required specified training for LRF employees, imposed the same requirements on reduced remains as for cremated and hydrolyzed remains, and required the Bureau and the Department of Public Health to implement regulations by July 1, 2023. (Status: This bill was held on suspense in the Senate Appropriations Committee)

AB 651 (Gipson, Chapter 442, Statutes of 2021) authorizes a county to assume responsibility of a cemetery, under specified conditions and authorizes the county to maintain public access to that cemetery; increases the required contribution amounts for an endowment care fund, as specified; requires the Cemetery and Funeral Bureau (Bureau) to examine an endowment care fund when it receives a valid complaint of misconduct; and, requires the Bureau to conduct a study of endowment care funds by January 1, 2029.

AB 795 (Irwin Chapter 309, Statutes of 2019), enacted various measures, including setting appropriate limits on trustee compensation, to help ensure the long-term solvency of cemetery endowment care trust funds

AB 926 (Irwin Chapter 750, Statutes of 2017), awarded permission to a cemetery authority to convert its endowment care distribution method from a net-income distribution method to a unitrust distribution method, upon application to and approval by the Cemetery and Funeral Bureau after January 1, 2020.

AB 967 (Gloria Chapter 846, Statutes of 2017), established the regulation process for hydrolysis facilities under the Bureau beginning January 1, 2020. The measure also imposed the same requirements on hydrolyzed remains as for cremated remains. Finally, this bill specified training standards for hydrolysis facility employees and specifies the requirements for disposal of hydrolysate.

AB 1777 (Ma, Chapter 79, Statutes of 2012), authorized cremated remains to be transferred from a durable container into a scattering urn for no more than seven days before scattering the cremated remains at sea from a boat.

1. Arguments in Support. Social Compassion in Legislation writes in support and notes, “California’s Health and Safety Code restricts public and private cemeteries to only burying human remains through traditional casket burial in ground or by cremation. As a result, California has around a dozen pet cemeteries across the state where owners are able to memorialize their beloved pets. However, pet burial laws in the state are ambiguous and nonexistent for pet owners who would like to be buried alongside their pet.”
2. Policy Issues and Suggested Author’s amendments.

Delayed implementation and regulation authority. As currently drafted, this bill will take effect on January 1, 2024. However, that timeframe does not provide the Bureau with sufficient time to establish any regulations that will be necessary for implementation and oversight. The bill further specifies that the cemetery that opts to designate a separate area for pet and human burial must develop rules and regulations, rather than authorizing the Bureau to establish uniform rules and regulations for this activity throughout the state. Additionally, the Bureau is subject to the Legislature’s sunset review oversight next year so in order to ensure the Author’s intent can be achieved, the bill should be amended to specify that the Bureau establish regulations for coburial and should be amended to take effect of January 1, 2025.

With your pet or next to your pet? According to the author’s office, the intent of this bill is to not only permit a pet to be buried with their human companion in the same casket or plot, but to also bury the pet in a separately purchased plot, crypt, or niche—depending on what is approved by each cemetery authority. However, as currently drafted this bill states: “A private cemetery may specify a separate section of the cemetery that is devoted to the burial, interment, entombment, or inurnment of pet remains, cremated pet remains, or hydrolyzed pet remains with the remains of the pet’s owner.” By only specifying in statute that the pet remains are to be buried with the owner, this creates confusion as to what types of pet burials will be authorized. If the author’s intent is to permit burials in separate plots (purchased separately), this bill should be amended to clarify that authority.

What constitutes a separate section of the cemetery? This bill provides that if a cemetery authority is to permit the burial of humans and pets, there must be a separate section of the cemetery that is devoted to pet and human burials. However, this bill lacks guardrails as to how the separate section should be denoted. Should it simply be a sign, should there be a 100-yard buffer between the nearest human burial or 100 yards? Should it be designated by a fence or a wall? While some people may find it perfectly acceptable for pets to be buried near or with humans, there may be family members and past decedents buried in cemeteries that may not feel the same. The author should amend the bill to clarify that the designated section is separate by a distinct wall, fence, or other definitive marker and is a specified distance from the nearest human burial location.

Compliance with endowment care requirements. Current law (HSC § 8738) specifies the minimum amounts which an endowment care cemetery must deposit into its endowment care fund at the time of, or not later than, completion of the initial sale of internment space in the cemetery. While the author has indicated that the intent of the bill is to ensure that all of the current requirements for human burial would be applicable to pet burials as well, as currently drafted, it is unclear if the cemetery authority would be required to do so. Endowment Care Funds are vital components to the life and preservation of a cemetery. While the author has noted the intent that any human who purchases a separate plot, niche or crypt for their pet will be required to abide by the endowment care fund requirements, the question arises to how the current funds which are held in trust, will be applied to the new section of the cemetery? Essentially, monies already held in trust to ensure the long-term maintenance of the areas dedicated to humans, will likely be utilized to maintain that separate section. Should the new section have its own endowment section so as to not use funds of those decedents who were not apprised of the new section? To ensure that any new plots, crypts or niche’s sold for purpose of pet burials be subject to the same endowment care and administrative funding that is applicable to human burials at the cemetery, as the maintenance standards and Bureau oversight will remain, the author should amend the bill to clarify that any pet and human burial section of a cemetery is required to abide by current fee requirements for endowment care.

Reference to cremations and hydrolysis. This bill specifically authorizes cremated pet remains and hydrolyzed pet remains to be buried in a cemetery with human remains if the cemetery authority meets the requirements prescribed by this bill. However, at this time, licensed hydrolysis facilities and licensed crematories are not authorized, and it is not current practice, to cremate or hydrolyze pet remains. If a pet is to be cremated or hydrolyzed, it is done at a location or facility that is not subject to the Bureau’s jurisdiction and the handling of pet remains by these facilities is a completely separate policy area. In order to ensure that current types of pet remains are referenced and reflected, the bill should be amended to clarify that it is not opening the door to establishing a new regulatory framework for licensed crematories and hydrolysis facilities to cremate or hydrolyze pet remains.

Notification to existing customers. As stated earlier, a large number of California’s private cemeteries have been in existence for decades. Many individuals’ loved ones have long been laid to rest in a cemetery under the assumption that only humans are buried in that space. Although it would be a significant challenge for each licensed cemetery authority to provide information to each family of a decedent, consideration should be provided to requiring a cemetery authority to provide information on their internet website at the very least that they will be dedicating a portion of the cemetery to pet and human burials.

Code conformity. As currently drafted, this bill requires a cemetery authority, licensed by the Bureau, and those that are under the jurisdiction of local governments or local cemetery districts to determine through rules and regulations the types of dispositions, types of pets allowed, number of pets, etc. Currently, in the HSC § 8300, cemetery authorities are already permitted to enforce rules and regulations the cemetery authority adopts with respect to the operation of the cemetery. Many of the statutory provisions governing cemeteries in both the BPC and the HSC only reference human remains. However, this bill would incorporate pet remains into the code sections pertaining to licensed cemetery authorities without providing references or updates to the HSC. In order to ensure clear direction and implementation, consideration should be given to conform to various Health and Safety Code requirements and specifications for these entities and should be amended to capture necessary code updates to ensure that the regulation of cemeteries allowing pet burials are conforming and are not exempt from any of the current requirements.

Definition of coburial. The term coburial implies that there will be two burials within the same plot. However, as noted by the author, the intent is to allow for both a coburial and a burial alongside. Instead of using the term coburial to describe the new section of the cemetery, the author should continue to work with stakeholders and the Bureau to ensure the appropriate utilization of the term coburial when in fact; the burials may be next to or close to, and not necessarily in the same space.

What is a “Pet? This bill does not define what a pet is for purposes of demonstrating a relationship with a human customer or decedent and does not limit what type of pet will be permitted in the cemetery. As currently drafted, the author leaves it up to the each licensed cemetery authority to make that determination. It may be more appropriate to clearly define pet, to ensure consistency and enforcement, and to authorize a cemetery to determine what pets they will accept for burial. The author should continue to work with the Bureau and cemetery stakeholders to more accurately define a pet for purposes of this bill.

SUPPORT AND OPPOSITION:

Support:

California Special Districts Association

Social Compassion in Legislation

Opposition:

None received

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ASSEMBLY THIRD READING

ATR Bill Id:AB 528

Author:(Irwin)

As Amended Ver:March 16, 2023

Majority vote

SUMMARY

Authorizes a public or private cemetery to designate a separate, clearly marked section of the cemetery where deceased pets may be buried with their deceased owners.

Major Provisions

1. Authorizes a public or private cemetery to designate a separate, clearly marked section of the cemetery where deceased pets may be interred with their deceased owners.
2. Requires, if the cemetery chooses to designate such a space, that the pet and human remains be in separate remains containers, but authorizes them to be placed in the same plot, niche, crypt, or vault.

COMMENTS

Regulatory Function of the Bureau. The Cemetery and Funeral Bureau (Bureau) licenses, regulates, and investigates complaints against 13 different licensing categories in California, which is comprised of approximately 13,500 licensees. The 13 licensing categories include funeral establishments, funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery broker branch, cemetery broker additional, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, and private, nonreligious cemeteries established after September 1939, which are authorized to collect endowment care funds. The Bureau is the sole entity that regulates nearly every aspect of the licensed cemetery and funeral industries. The Bureau is also responsible for the oversight of both the fiduciary and the operational activities of the industries. It manages preneed funeral trust funds, cemetery endowment care trust funds, as well as cemetery special care trust funds. The California Department of Insurance regulates the sale of insurance policies that can be used to fund preneed funeral arrangements. However, the seller must meet the price disclosure and contract requirements under the Bureau's jurisdiction. The Bureau is authorized to conduct financial examinations to ensure compliance with current law, verify accounting and investing practices, and identify funding shortages. Audits may be initiated based upon the review of an annual trust report, failure to file a trust report, consumer complaints, or for any other reason if the funds appear to be at risk of possible abuse or noncompliance.

Whole-Family Cemeteries & Our Pets. According to a 2023 American Veterinary Medical Association (AMVA) state survey of pet ownership, nearly 16 million Californians own a pet. These pets are often considered part of the family and integrated into a families daily activities. A 2017 NPR opinion piece, "When 'Whole-Family' Cemeteries Include Our Pets," it is acknowledged that in the United States it is not common for humans and pets to be buried together. The Op-Ed includes comments from Green Pet-Burial Society, a national/international advocacy group working to increase awareness of "whole-family" cemeteries. Whole-family cemeteries would allow full-body burials of a pet's remains in the family cemetery plot in adjacent and/or tiered graves.

According to Green Pet-Burial Society, although a considerable number of people view this practice to be unusual, there is evidence that these burials were not uncommon in various cultures throughout human history. Green Pet-Burial Society recognizes as it becomes increasingly acceptable to express one's love, spiritual, and emotional connection to an animal, there is a growing interest in such burial options. In 2017, Green Pet-Burial Society founder, Eric Greene, provided NPR with the following statement: "Conservation whole-family cemeteries bring together two concepts and practices, whole-family cemeteries and conservation burial grounds, into a singular experience that is beautiful in its simplicity, and exceedingly comforting to the bereaved. What is key is that the pet remains aren't buried as property or 'grave goods' but as family members and this relationship is recognized and honored. Earth burials are an unexpected strategy for protecting/restoring the land as a wildlife preserve. In addition to protecting the environment and keeping families together, something else occurs – we experience ourselves as part of the earth and our connections with all animals is strengthened."

Recently Passed and Pending State Laws. Currently, only a handful of states allow for co-burial of human and animal remains and animal remains. In some states, humans may be cremated and their ashes buried in a pet cemetery alongside their pets. Several states, including New York, Pennsylvania, Virginia, and Florida, have recognized the increasing desire for co-burial of humans and their pets through enacting legislation on this topic. Although these states offer a potential framework for other states to examine and possibly replicate components, the majority of states do not consistently regulate pet cemeteries to the same extent as human ones. It can be argued the inconsistency and lack of parity between human and pet burials may produce uncertainty for families who would like the option of co-burial with their pets. It is also possible that without clear guidance from the state, families are left without an absolute guarantee that the pet's final resting place will remain in perpetuity.

Due to current law's ambiguity regarding pet burials and without oversight from the Bureau, the state could inadvertently create confusion among an estimated 16 million Californians who own a pet. Additionally, it is estimated there are approximately one dozen established pet cemeteries in California. Although California's existing pet cemeteries offer a handful of pet owners an alternative option for their pet's final resting place, the lack of clarity coupled with no oversight and regulation of pet cemeteries by the Bureau may unintentionally deter pet owners from alternative burial options to honor the memory of their pet and the pet's inclusion as part of a family.

According to the Author

"For the majority of Californians who own pets, our furry friends are more than just friends – they are family. On average, humans spend over a decade of their lives with their pets, building strong and irreplaceable bonds. As such, it is natural for owners to want to keep their furry members close in the afterlife to celebrate and honor the joy they brought to them. [This bill] will allow deceased pets to be buried in the same plot as their deceased owners when their time by their owner's side comes to a natural end. Through this bill, we are providing families with the opportunity to keep their furry family close to them in death, just as they were in life."

Arguments in Support

Social Compassion in Legislation (SCIL) writes the following in support of AB 528, "SCIL supports AB 528, which will allow pet remains to be buried in the same plot as their owner's remains when their time by their owner's side comes to a natural end. As an organization that works to protect and save animals, we understand the bond that Californians make with their pet over the span of its life. Nearly 16 million Californians own a pet, integrating their furry family members into their daily activities. A 2017 NPR opinion piece acknowledged that co-burials were not uncommon in various cultures throughout human history. With co-burial allowing pet owners to properly express their love and connection with their pets, while keeping their furry family members by their side in the afterlife. California's Health and Safety Code restricts public and private cemeteries to only burying human remains through traditional casket burial in ground or by cremation. As a result, California has around a dozen pet cemeteries across the state where owners are able to memorialize their beloved pets. However, pet burial laws in the state are ambiguous and nonexistent for pet owners who would like to be buried alongside their pet. SCIL is grateful for the clarity that this bill gives to this issue and for that reason we respectfully ask you and your colleagues to support AB 528."

Arguments in Opposition

None on File.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, the Bureau estimates special fund costs of $472,000 in the first year and $456,000 annually ongoing to implement the provisions of this bill.

VOTES

ASM BUSINESS AND PROFESSIONS: 16-0-2

YES: Berman, Flora, Alanis, Alvarez, Bonta, Dixon, Gipson, Grayson, Irwin, Jackson, Lee, Lowenthal, McKinnor, Stephanie Nguyen, Joe Patterson, Ting

ABS, ABST OR NV: Chen, McCarty

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

UPDATED

VERSION: March 16, 2023

CONSULTANT: Annabel Smith / B. & P. / (916) 319-3301 FN: 0000468

Date of Hearing: May 10, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 528

Author:(Irwin) – As Amended Ver:March 16, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes a public or private cemetery to designate a separate section of the cemetery where deceased pets may be buried with their deceased owners.

Specifically, this bill:

1. Authorizes a public or private cemetery to designate a separate, clearly-marked section of the cemetery devoted to the burial, interment, entombment, or inurnment of pet remains, cremated pet remains, or hydrolyzed pet remains with the remains of the pet’s owner.
2. Requires, if the cemetery chooses to designate such a space, the pet and human remains be in separate remains containers, but authorizes them to be placed in the same plot, niche, crypt, or vault.

FISCAL EFFECT:

The Cemetery and Funeral Bureau (Bureau) estimates special fund costs of $472,000 in the first year and $456,000 annually ongoing to implement the provisions of this bill. These costs include two staff positions to accommodate the expanded scope of both desk reviews and on-site visits, and one additional intermittent staff position to review and update all laws and regulations, and develop inspection protocols.

Boards and bureaus within DCA are “special funded,” meaning they derive their funding from fees charged to licensees. Generally, licensee fees can only be adjusted by legislation. Increases in operating costs resulting from the implementation of new legislative mandates may place pressure on existing fee structures that, in totality, may necessitate legislation to raise licensee fees.

COMMENTS:

1. Purpose. According to the author:

For the majority of Californians who own pets, our furry friends are more than just friends – they are family. On average, humans spend over a decade of their lives with their pets, building strong and irreplaceable bonds. As such, it is natural for owners to want to keep their furry members close in the afterlife to celebrate and honor the joy they brought to them. [This bill] will allow deceased pets to be buried in the same plot as their deceased owners when their time by their owner’s side comes to a natural end. Through this bill, we are providing families with the opportunity to keep their furry family close to them in death, just as they were in life.

1. Background. Existing law creates the Bureau, which licenses, regulates, and investigates complaints against 13 different licensing categories in California, which generally include funeral establishments, cemeteries, crematories, and related personnel. There are approximately 13,500 licensees across all categories. The Bureau does not regulate pet cemeteries.

As part of its efforts to be well-informed on issues relating to industry changes and trends, the Bureau engages it Advisory Committee, comprised of industry and public members. Through the Advisory Committee, the Bureau obtains input on developing issues in the profession as well as concerns from the public.

1. Pet Cemeteries. Existing law under the Health and Safety Code allows a property owner to dedicate a section of their property for pet cemetery purposes by a notarized dedication document recorded with the county recorder. The dedicated property must be held and used exclusively for pet cemetery purposes, unless the dedication is removed and certain requirements regarding the disposition of interments have been confirmed through court findings. Existing law allows a pet cemetery owner to charge an endowment maintenance fee to persons whose pets are in the cemetery, in addition to any burial fee. The maintenance fee can be charged only at the time of the burial and cannot less than $25. Pet cemetery owners must place the proceeds from the maintenance fees into an endowment care or similar trust fund for the perpetual maintenance of the pet cemetery. Estimates indicate there are approximately one dozen established pet cemeteries in California.
2. Whole-Family Cemeteries. According to the Green Pet-Burial Society, a national and international advocacy group working to increase awareness of "whole-family" cemeteries, whole-family cemeteries allow full-body burials of a pet’s remains in the family cemetery plot in adjacent or tiered graves. They explain although a considerable number of people view this practice to be unusual there is evidence that these burials were not uncommon in various cultures throughout human history. Green Pet-Burial Society recognizes as it becomes increasingly acceptable to express one’s love, spiritual, and emotional connection to an animal, there is a growing interest in such burial options.

A handful of states allow for co-burial of human and animal remains. In some states, humans may be cremated and their ashes buried in a pet cemetery alongside their pets. Several states, including New York, Pennsylvania, Virginia, and Florida, have enacted legislation on this topic.

According to the American Veterinary Medical Association (AMVA), nearly 16 million Californians own a pet, many of which are considered part of the family and are integrated into a family’s daily activities.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 25, 2023

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

ABPCA Bill Id:AB 528

Author:(Irwin) – As Amended Ver:March 16, 2023

SUBJECT: Regulation of cemeteries: pet burial.

SUMMARY: Authorizes a public or private cemetery to designate a separate, clearly marked section of the cemetery where deceased pets could be buried with their deceased owners.

EXISTING LAW:

1. Establishes the Funeral and Directors and Embalmers Law (Funeral Law) which provides for the licensure and regulation of funeral directors and embalmers, within the Department of Consumer Affairs (DCA), and requires the director of the DCA to administer and enforce the Funeral Law. (Business and Professions Code (BPC) § 7600-7746)
2. Authorizes the Bureau to establish necessary rules and regulations for the administration and enforcement of this act and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this act. (BPC § 7606)
3. Allows the Bureau to inspect the premises in which the business of a funeral establishment, cemetery, or crematory is conducted, where embalming is practiced, or where human remains are stored. (BPC § 7607)
4. Defines a “cremated remains disposer” as an individual who for their own account or for another, disposes of, or offers to, dispose of cremated human remains or hydrolyzed human remains by scattering over or on land and sea. (BPC § 7611.9)
5. Exempts from the Cemetery and Funeral Act does not apply to the following: (1) a religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them; (2) a public cemetery; (3) Any private or fraternal burial park not exceeding 10 acres in area, established prior to September 19, 1939. (BPC § 7612.2)
6. Authorizes the Bureau to inspect the books, records, and premises of any hydrolysis facility, as specified, and no prior notification of the inspection is required to be given to the licensee, and requires the Bureau to conduct at least one unannounced inspection annually. (BPC §§ 7653.35, 7653.36)
7. Prohibits an individual from disposing or offering to dispose of human remains unless registered as a cremated or hydrolyzed human remains disposer by the Bureau. (BPC § 7672)
8. Requires every cremated remains disposer to dispose of cremated remains within 60 days of the receipt of those remains, unless a written reason for the delay is presented to the person with the right to disposition of the remains and provide the Bureau with the address and telephone number of any storage facility being used by a registrant to store cremated remains. (BPC § 7672.6(a))
9. Prohibits cremated or hydrolyzed human remains from being removed from the place of cremation or hydrolysis, nor any charge for the cremation or hydrolysis, unless the cremated remains or hydrolyzed human remains have been processed so that they are suitable for inurnment within a cremated remains container, hydrolyzed human remains container, or an urn. (Health and Safety Code (HSC) § 7054.1)
10. Declares no person is permitted to cremate the remains of more than one person at the same time in the same cremation chamber, or introduce the remains of a second person into a cremation chamber until incineration of any preceding remains has been terminated and reasonable efforts have been employed to remove all fragments of the preceding remains, dispose of or scatter cremated remains in a manner or in a location that the remains are commingled with those of another person, place cremated or un-cremated remains of more than one person, or place cremated or un-cremated remains of more than one person in the same container or the same interment space, except under certain circumstances. (HSC § 7054.7)
11. Defines rights to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be provided and the duty of disposition and liability for the cost of disposition of the remains upon a specified order of individuals. (HSC § 7100 (a))
12. Requires cremated remains be removed from their container before the remains are scattered at sea, unless a scattering urn is used, in which case the cremated remains may be transferred from their durable container into the scattering urn no more than seven days prior to scattering the cremated remains at sea from a boat. (HSC § 7117(a))
13. Prohibits the scattering of cremated remains at sea within 500 yards of the shoreline and includes the inland navigable waters of the state. Clarifies that scattering at sea does not include lakes and streams, nor does it include scattering from a bridge or pier. (HSC § 7117(c)).
14. Prohibits the scattering of cremated remains unless a Death Certificate and Permit for Disposition of Human Remains has been obtained from a local registrar of births and deaths. (HSC § 103050).
15. Permits an owner of property to dedicate a section of the property for pet cemetery purposes by a notarized dedication document recorded with the county recorder of the county in which the property is located on or after January 1, 1985. (HSC § 9700)
16. Requires the dedication document to specify the length of time for the dedication. Requires the pet cemetery dedicated property be held and used exclusively for pet cemetery purposes, unless the dedication is removed from all or any part of the property and certain requirements regarding the disposition of interments has been confirmed through court findings. Requires the pet cemetery owners have received written authorization from those persons whose pets have been buried in the cemetery, or their heirs or assignees, to remove the pet cemetery dedication from their respective plots or to disinter the pet for removal to another plot location. (HSC § 9700 (a)(b))
17. Allows the pet cemetery owners to charge an endowment maintenance fee to persons whose pets will be buried in the cemetery on and after the date of this act, in addition to any burial fee. This maintenance fee shall be charged only at the time of the burial and shall be not less than twenty-five dollars ($25). Proceeds from these maintenance fees shall be placed by the pet cemetery owners into an endowment care or similar trust fund, the entirety of which shall be used for the perpetual maintenance of the pet cemetery. (HSC § 9702)

THIS BILL:

1. Authorizes a public or private cemetery the option to designate a separate, clearly marked section of the cemetery where deceased pets could be interred with their deceased owners.
2. Requires, if the cemetery chooses to designate such a space, that the pet and human remains be in separate remains containers, but authorizes them to be placed in the same plot, niche, crypt, or vault.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

Purpose.

According to the author, “for the majority of Californians who own pets, our furry friends are more than just friends – they are family. On average, humans spend over a decade of their lives with their pets, building strong and irreplaceable bonds. As such, it is natural for owners to want to keep their furry members close in the afterlife to celebrate and honor the joy they brought to them. AB 528 will allow deceased pets to be buried in the same plot as their deceased owners when their time by their owner’s side comes to a natural end. Through this bill, we are providing families with the opportunity to keep their furry family close to them in death, just as they were in life.”

Background.

Regulatory Function of the Bureau. The Cemetery and Funeral Bureau (Bureau) licenses, regulates, and investigates complaints against 13 different licensing categories in California, which is comprised of approximately 13,500 licensees. The 13 licensing categories include funeral establishments, funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery broker branch, cemetery broker additional, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, and private, nonreligious cemeteries established after September 1939, which are authorized to collect endowment care funds. The Bureau is the sole entity that regulates nearly every aspect of the licensed cemetery and funeral industries. The Bureau is also responsible for the oversight of both the fiduciary and the operational activities of the industries. It manages preneed funeral trust funds, cemetery endowment care trust funds, as well as cemetery special care trust funds. The California Department of Insurance regulates the sale of insurance policies that can be used to fund preneed funeral arrangements. However, the seller must meet the price disclosure and contract requirements under the Bureau’s jurisdiction. The Bureau is authorized to conduct financial examinations to ensure compliance with current law, verify accounting and investing practices, and identify funding shortages. Audits may be initiated based upon the review of an annual trust report, failure to file a trust report, consumer complaints, or for any other reason if the funds appear to be at risk of possible abuse or noncompliance.

As mentioned earlier in this analysis, the Bureau oversees licenses, regulates, and investigates complaints within California’s cemetery and funeral industries. Additionally, the Bureau is responsible to ensure consumer protection and empower California consumers to make informed end-of-life decisions in a fair and ethical marketplace. Through a variety of sources, the Bureau makes efforts to be well-informed on issues relating to industry changes and trends. One source the Bureau utilizes is its Advisory Committee, which is comprised of industry members and public members. According to the Bureau’s 2018 Sunset Review, its Advisory Committee is a valuable resource that allows the Bureau to obtain input on developing issues in the profession as well as concerns from the public. The Bureau’s field representatives conduct inspections in assigned regions of the state and have contact with licensees on a regular and on-going basis. This provides an opportunity for direct communication with licensees and a first-hand look at what may be new or upcoming changes in the industry. Every Bureau field representative had previously worked as licensees in the industry and are knowledgeable about the profession and what may be evolving in the future. Moreover, California has two colleges with a mortuary science program with staff who regularly communicate with the Bureau on a variety of topics related to the industry, and the Bureau routinely attends the Advisory Committee meetings of both mortuary science schools.

Although the Bureau is not required to establish committees by law or regulation, the Bureau voluntarily established an Advisory Committee for consumer protection while keeping a finger on the pulse of emerging issues within the industry. The Advisory Committee allows a forum for both consumers and licensees input on funeral-and cemetery-related issues and assists the Bureau in addressing its regulatory obligations in an open and transparent environment. The Advisory Committee consists of seven members. The bureau chief selects and appoints the members with approval from the director of DCA. The members volunteer their time and, at their own expense, solely serve in an advisory capacity and offers nonbinding recommendations directly to the bureau chief. The goal of the Advisory Committee is to offer counsel to the Bureau based on each member’s diverse experience and education. Advisory Committee members offer professional and technical assistance to the Bureau pertaining to the Bureau’s licensing, enforcement, and regulatory functions. Meetings are typically held twice a year and a notice and agenda of each meeting is distributed and posted on the Bureau’s website at least 10 days prior to each meeting.

Whole-Family Cemeteries & Our Pets: According to a 2023 American Veterinary Medical Association (AMVA) state survey of pet ownership, nearly 16 million Californians own a pet. These pets are often considered part of the family and integrated into a families daily activities. A 2017 NPR opinion piece, “When 'Whole-Family' Cemeteries Include Our Pets,” it is acknowledged that in the United States it is not common for humans and pets to be buried together. The Op-Ed includes comments from Green Pet-Burial Society, a national/international advocacy group working to increase awareness of "whole-family" cemeteries. Whole-family cemeteries would allow full-body burials of a pet’s remains in the family cemetery plot in adjacent and/or tiered graves. According to Green Pet-Burial Society, although a considerable number of people view this practice to be unusual, there is evidence that these burials were not uncommon in various cultures throughout human history. Green Pet-Burial Society recognizes as it becomes increasingly acceptable to express one’s love, spiritual, and emotional connection to an animal, there is a growing interest in such burial options. Green Pet-Burial Society founder, Eric Greene, provided NPR with the following statement: "Conservation whole-family cemeteries bring together two concepts and practices, whole-family cemeteries and conservation burial grounds, into a singular experience that is beautiful in its simplicity, and exceedingly comforting to the bereaved. What is key is that the pet remains aren't buried as property or 'grave goods' but as family members and this relationship is recognized and honored. Earth burials are an unexpected strategy for protecting/restoring the land as a wildlife preserve. In addition to protecting the environment and keeping families together, something else occurs — we experience ourselves as part of the earth and our connections with all animals is strengthened."

Recently Passed and Pending State Laws: Currently, only a handful of states allow for co-burial of human and animal remains and animal remains. In some states, humans may be cremated and their ashes buried in a pet cemetery alongside their pets. Several states, including New York, Pennsylvania, Virginia, and Florida, have recognized the increasing desire for co-burial of humans and their pets through enacting legislation on this topic. Although these states offer a potential framework for other states to examine and possibly replicate components, the majority of states do not consistently regulate pet cemeteries to the same extent as human ones. Arguably, this inconsistency and lack of parity between human and pet burials may create uncertainty for families who would like the option of co-burial with their pets. It is also possible that without clear guidance from the state, families are left without an absolute guarantee that the pet’s final resting place will remain in perpetuity.

California’s current options to honor our pets through burials are ambiguous and limited for pet owners who wish to be buried alongside their beloved pet. In California, it is estimated that there are only a dozen established pet cemeteries, which limits pet owners with only two traditional options: burial separate from their owner(s) or cremation.

Current Related Legislation.

AB 1560 (Flora), which is pending in this committee, would authorize a crematory license to be assigned when a change of ownership occurs if specified conditions are satisfied, including payment of a fee of $750 to the Bureau. It would also require the fee to be deposited in the fund. The bill would require a new owner to submit to the bureau a copy of the final sales agreement within 10 days after a sale of a crematory is final, would require the new owner to submit to the bureau proof that any required permit to operate the crematory issued by a local air pollution control district has been assigned to the new owner within 60 days after a sale of a crematory is final, and would make a failure to comply with these provisions a ground for disciplinary action. Status: This bill is set for hearing in the Assembly Business and Professions Committee on April 25, 2023.

Prior Related Legislation.

SB 1443 (Roth), Chapter 625, Statutes of 2022, extended the sunset dates from January 1, 2024 to January 1, 2025 for the Cemetery and Funeral Bureau (CFB). Addressed the CFB's current structural deficit by increasing licensing fees. To avoid insolvency of the Bureau, this bill increased licensing fees across the CFB’s licensing population. These licensee fees have not been increased in approximately 20 years.

AB 351 (Cristina Garcia) Chapter 399, Statutes of 2022, requires the Bureau, beginning January 1, 2027, to license and regulate reduction facilities, which the bill defines as a location where natural, organic reduction of a human body occurs, and reduction facility managers, and will enact requirements applicable to reduction facilities. Requires a local registrar of births or deaths to issue permits for the disposition of reduced human remains.

AB 501 (Cristina Garcia) of 2021, would have established new regulatory processes for the disposal of reduced human remains and imposes the same requirements and prohibitions on reduced remains as for cremated and hydrolyzed remains. Status: This bill was held on suspense in the Senate Appropriations Committee.

AB 2592 (Cristina Garcia) of 2021, would have established a new regulatory process for a Licensed Reductions Facility (LRF), required specified training for LRF employees, imposed the same requirements on reduced remains as for cremated and hydrolyzed remains, and required the Bureau and the Department of Public Health to implement regulations by July 1, 2023. Status: This bill was held on suspense in the Senate Appropriations Committee.

AB 795 (Irwin) Chapter 309, Statutes of 2019, enacted various measures, including setting appropriate limits on trustee compensation, to help ensure the long-term solvency of cemetery endowment care trust funds.

AB 926 (Irwin) Chapter 750, Statutes of 2017, awarded permission to a cemetery authority to convert its endowment care distribution method from a net-income distribution method to a unitrust distribution method, upon application to and approval by the Cemetery and Funeral Bureau after January 1, 2020.

AB 967 (Gloria) Chapter 846, Statutes of 2017, established the regulation process for hydrolysis facilities under the Cemetery and Funeral Bureau (Bureau) beginning January 1, 2020. The measure also imposed the same requirements on hydrolyzed remains as for cremated remains. Finally, this bill specified training standards for hydrolysis facility employees and specifies the requirements for disposal of hydrolysate.

AB 1777 (Ma), Chapter 79, Statutes of 2012, authorized cremated remains to be transferred from a durable container into a scattering urn for no more than seven days before scattering the cremated remains at sea from a boat.

SB 15 (Robbins), Chapter 490, Statutes of 1991, authorizes a pet cemetery owner to dispose of the remains of any pet which has been left for more than 7 days at the pet cemetery if arrangements have not been made with the pet cemetery owner for the disposition of the pet. Requires a pet cemetery owner to post a notice stating that the remains of any pet which has been left for more than 7 days may be disposed of, under certain circumstances. Imposed on an any individual who steals or maliciously takes or carries away any animal of another for purposes of sale, medical research, or other commercial uses, or who knowingly, by a false representation or pretense, defrauds another person of any animal, for purposes of medical research or slaughter, is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or in the state prison, thereby increasing the scope of an existing crime and creating a state-mandated local program.

POLICY ISSUE(S) FOR CONSIDERATION: The author may wish to consider including language requiring, by a specified date, Bureau to conduct industry surveys and engage its Advisory Committee on the topic of pet co-burial practices.

REGISTERED SUPPORT:

None on file.

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Annabel Smith / B. & P. / (916) 319-3301