An Act To Allow Green Death Care Practices by Alkaline Hydrolysis and Natural Organic Reduction
Maine Legislature, Session 130, LD 1535
Committee: Health and Human Services
Sponsors: WILLIAMS, PIERCE
Amends: 13 MRSA §1031-A, 13 MRSA §1032, 13 MRSA §1035, 13 MRSA §1101-A, 13 MRSA §1264, 13 MRSA §1265, 13 MRSA §1266, 13 MRSA §1303, 13 MRSA §1304, 13 MRSA §1341, 22 MRSA §2841-A, 22 MRSA §2843, 22 MRSA §2843-A, 22 MRSA §2883, 22 MRSA §2900, 32 MRSA §1400, 32 MRSA §1405-B, 32 MRSA §1405-C, 32 MRSA §1455-B

Legislative Document
No. 1535
H.P. 1139
House of Representatives, April 19, 2021
An Act To Allow Green Death Care Practices by Alkaline 
Hydrolysis and Natural Organic Reduction
Received by the Clerk of the House on April 15, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative WILLIAMS of Bar Harbor.
Cosponsored by Representative: PIERCE of Falmouth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  13 MRSA §1031-A is enacted to read:
§1031-A.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Alkaline hydrolysis.  "Alkaline hydrolysis" means the reduction of human remains 
to bone fragments and essential elements in a licensed alkaline hydrolysis facility using 
heat, pressure, water and base chemical agents.
2.  Alkaline hydrolysis facility.  "Alkaline hydrolysis facility" means a building or 
structure or a room or other space in a building or structure containing one or more 
hydrolysis vessels to be used for alkaline hydrolysis.
3.  Natural organic reduction.  "Natural organic reduction" means the contained 
accelerated conversion of human remains to soil.
4.  Natural organic reduction facility.  "Natural organic reduction facility" means a 
building or structure or a room or other space in a building or structure or real property 
where natural organic reduction is facilitated and occurs.
Sec. 2.  13 MRSA §1032 is amended to read:
§1032.  Disposal of bodies
Except as otherwise provided by law, or in case of a dead body being rightfully carried 
through or removed from the State for the purpose of burial or disposition elsewhere, every 
dead body of a human being dying within the State and the remains of any body after 
dissection therein shall must be decently buried, entombed in a mausoleum, vault or tomb, 
or cremated or subjected to alkaline hydrolysis or natural organic reduction within a 
reasonable time after death.  The permanent disposition of such bodies or remains shall 
must be by interment in the earth, or deposit in a chamber, vault or tomb of a cemetery 
owned, maintained and operated in accordance with the laws of this State, by deposit in a 
crypt of a mausoleum, or by cremation, alkaline hydrolysis or natural organic reduction.  
The remains of a human body after cremation, alkaline hydrolysis or natural organic 
reduction may be deposited in a niche of a columbarium or a crypt of a mausoleum, buried 
or disposed of in any manner not contrary to law.  No deposit of the bodies or remains of 
the human dead shall may be made in a single chamber, vault or tomb partly above and 
partly below the natural surface of the ground, unless the part thereof below such surface 
is of a permanent character, constructed of materials capable of withstanding extreme 
climatic conditions, waterproof and air tight, and capable of being sealed permanently to 
prevent all escape of effluvia, and unless the part thereof above the natural surface of the 
ground is constructed of natural stone of a standard not less than that required by the United 
States Government for monuments erected in national cemeteries, or durability sufficient 
to withstand all conditions of weather.
Sec. 3.  13 MRSA §1035, as amended by PL 2019, c. 113, Pt. C, §25, is further 
amended to read:
§1035.  Penalties
Except as otherwise provided in this chapter, a person who fails to comply with or 
violates any of the provisions of this chapter in respect to the establishment, maintenance 
or operation of a cemetery, community mausoleum, crematory, alkaline hydrolysis facility 
or natural organic reduction facility or columbarium or to the disposal of dead human 
bodies commits a Class E crime except that, notwithstanding Title 17-A, sections 1704 and 
1705, the fine may not be less than $100 or more than $500.
Sec. 4.  13 MRSA §1101-A, sub-§2, as enacted by PL 2003, c. 421, §1, is amended 
to read:
2.  Columbarium.  "Columbarium" means a structure or room or space in a mausoleum 
or other building containing niches or recesses for disposition of cremated human remains 
that have undergone cremation, alkaline hydrolysis or natural organic reduction.
Sec. 5.  13 MRSA §1264, sub-§1, as enacted by PL 1995, c. 474, §1, is amended to 
read:
1.  Trust accounts.  Pre-need funds received for cemetery or, crematory, alkaline 
hydrolysis or natural organic reduction services or property to be delivered at or after the 
date of death must be placed in a cemetery or, crematory or alkaline hydrolysis facility or 
natural organic reduction facility trust account in a bank, trust company, credit union or 
savings institution.  For purposes of this subsection, "pre-need funds" means all money 
paid during a person's lifetime to a cemetery or, crematory or alkaline hydrolysis facility 
or natural organic reduction facility by that person or by another person on that person's 
behalf under an agreement that services will be performed or property will be delivered in 
connection with the disposition of that person's body after that person's death.
Sec. 6.  13 MRSA §1264, sub-§3, as enacted by PL 1995, c. 474, §1, is amended to 
read:
3.  Services and property covered.  This section applies to cemetery or, crematory, 
alkaline hydrolysis or natural organic reduction services such as cremation fees, grave 
opening and closing charges and inscription of death dates.  This section does not apply to 
the sale of cemetery lots or plots, monuments and memorials, garden crypts, lawn crypts, 
mausoleum crypts, cremation urns and niches, vaults, liners and similar tangible personal 
property if title to and physical possession of the specific property has passed to the buyer.  
Any funds expended to purchase tangible personal property when that personal property is 
held by the payee until the time of need are not considered funds that must be placed in the 
trust account.
Sec. 7.  13 MRSA §1265, as enacted by PL 1995, c. 474, §1, is amended to read:
§1265.  Tangible personal property
Upon written request and payment of any reasonable out-of-pocket expenses, a 
cemetery or, crematory, alkaline hydrolysis facility or natural organic reduction facility 
shall deliver to a person, the person's attorney-in-fact or the person's personal representative 
any item of tangible personal property purchased by that person but remaining in the 
possession of the cemetery or, crematory, alkaline hydrolysis facility or natural organic 
reduction facility.
Sec. 8.  13 MRSA §1266, as enacted by PL 1995, c. 474, §1, is amended to read:
§1266.  Solicitation of cemetery or crematory services or property
Uninvited telephone or door-to-door solicitations for crematory or, cemetery, alkaline 
hydrolysis or natural organic reduction services or property are prohibited.  This section 
may not be construed to limit the raising of funds for capital improvements as long as those 
funds are not raised through the purchase of cemetery or, crematory, alkaline hydrolysis 
facility or natural organic reduction facility services or property.  Uninvited solicitations 
may not be construed to include solicitations resulting from uninvited good-faith personal 
referrals from individuals purchasing services or property from a cemetery or, crematory, 
alkaline hydrolysis facility or natural organic reduction facility.
Sec. 9.  13 MRSA §1303, 2nd ¶ is amended to read:
Every such cemetery shall must be located in accordance with statutes already in force 
and effect, and only after consent for such location has been obtained from the municipality 
or other political subdivision where the same is proposed to be located, as well as from the 
Bureau of Health Department of Health and Human Services.  No A cemetery, community 
mausoleum, crematory, alkaline hydrolysis facility or natural organic reduction facility or 
columbarium hereafter established shall may not be maintained or operated for the purpose 
of private profit or gain, either directly or indirectly, to any director, officer or member of 
the cemetery association or other agency owning, maintaining or operating the same, or of 
any holding company or development company employed to develop, build and dispose of 
the same.  A cemetery lawfully established prior to July 24, 1937 may continue to be 
owned, maintained and operated under the form of organization adopted therefor.  Any 
corporation organized prior to July 24, 1937 which that is authorized or empowered to own, 
construct, maintain or operate cemeteries or burial grounds may lawfully own, construct, 
maintain or operate mausoleums, crematories or columbaria in connection therewith, in 
accordance with the laws existing and effective up to the time of July 24, 1937.
Sec. 10.  13 MRSA §1304 is amended to read:
§1304.  Sales for speculation or investment
The sale of cemetery lots and plots, or the sale of crypts in a community mausoleum or 
niches in a columbarium for speculative or financial investment purposes, or the 
conveyance of any portion of a cemetery already dedicated to burial purposes as security 
for debt, is prohibited.  Every such conveyance, whether made by a person or by a cemetery 
association, or by a company or association owning and operating a community 
mausoleum, crematory, alkaline hydrolysis facility or natural organic reduction facility or 
columbarium, or by any holding, development or subsidiary company, shall be is void and 
of no effect. Whoever makes or attempts to make a sale or conveyance contrary to this 
section shall be is guilty of a misdemeanor and must be punished as provided in section 
1035.
Sec. 11.  13 MRSA §1341, sub-§1, as amended by PL 2003, c. 421, §2, is further 
amended to read:
1.  Mausoleum, crematory or other structure.  A Except for an alkaline hydrolysis 
facility or natural organic reduction facility, a community mausoleum, community 
crematory,  or other community structure that holds or contains dead human bodies may 
only be erected only in a cemetery that is at least 20 acres in size and has been in existence 
and used for burial for at least 2 years preceding the erection of the structure.
Sec. 12.  13 MRSA §1341, sub-§2, as enacted by PL 1999, c. 620, §1, is amended 
to read:
2.  Columbarium.  A columbarium that holds or contains the cremated remains of 
dead human bodies that have been cremated or subjected to alkaline hydrolysis or natural 
organic reduction may only be erected only in a cemetery that is at least 5 acres in size and 
has been in existence and used for burial for at least 2 years preceding the erection of the 
structure.
Sec. 13.  22 MRSA §2841-A is enacted to read:
§2841-A.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Alkaline hydrolysis.  "Alkaline hydrolysis" means the reduction of human remains 
to bone fragments and essential elements in a licensed alkaline hydrolysis facility using 
heat, pressure, water and base chemical agents.
2.  Alkaline hydrolysis facility.  "Alkaline hydrolysis facility" means a building or 
structure or a room or other space in a building or structure containing one or more 
hydrolysis vessels to be used for alkaline hydrolysis.
3.  Natural organic reduction.  "Natural organic reduction" means the contained 
accelerated conversion of human remains to soil.
4.  Natural organic reduction facility.  "Natural organic reduction facility" means a 
building or structure or a room or other space in a building or structure or real property 
where natural organic reduction is facilitated and occurs.
Sec. 14.  22 MRSA §2843, first ¶, as amended by PL 2009, c. 601, §27, is further 
amended to read:
Except as authorized by the department, a dead human body may not be buried, 
cremated, subjected to alkaline hydrolysis or natural organic reduction or otherwise 
disposed of or removed from the State until a funeral director or other authorized person in 
charge of the disposition of the dead human body or its removal from the State has obtained 
a permit from the State Registrar of Vital Statistics or the clerk of the municipality where 
death occurred or where the establishment of a funeral director having custody of the dead 
human body is located as specified by department rule.  The permit is sufficient authority 
for final disposition in any place where dead human bodies are disposed of in this State, as 
long as the requirements of Title 32, section sections 1405 and 1405-B are met in 
appropriate cases.  The permit may not be issued to anyone other than a funeral director 
until the state registrar or the clerk of the municipality receives a medical certificate that 
has been signed by a physician or a medical examiner that indicates that the physician or 
medical examiner has personally examined the body after death.  A permit must also be 
issued if a nurse practitioner or physician assistant has signed the medical certificate 
indicating that the nurse practitioner or physician assistant has knowledge of the deceased's 
recent medical condition or was in charge of the deceased's care and that the nurse 
practitioner or physician assistant has personally examined the body after death.  The 
authorized person may transport a dead human body only upon receipt of this permit.
Sec. 15.  22 MRSA §2843, 2nd ¶, as amended by PL 2009, c. 601, §27, is further 
amended to read:
The State Registrar of Vital Statistics or a municipal clerk may issue a permit for final 
disposition by cremation, burial at sea, use by medical science, alkaline hydrolysis, natural 
organic reduction or removal from the State only upon receipt of a certificate of release by 
a duly appointed medical examiner as specified in Title 32, section 1405 or 1405-B.
Sec. 16.  22 MRSA §2843, sub-§3, as amended by PL 2013, c. 20, §1, is further 
amended to read:
3.  Permit for burial.  The person in charge of each burying ground or, crematory, 
alkaline hydrolysis facility or natural organic reduction facility in this State shall endorse, 
and provide the date the body was disposed of on, each such permit with which that person 
is presented, and return it to the State Registrar of Vital Statistics or to the clerk of the 
municipality in which such burying ground or, crematory or facility is located within 7 
days after the date of disposition.  If there is no person in charge of the burying ground, an 
official of the municipality in which the burying ground is located shall endorse, and 
provide the date the body was disposed of on, each such permit, and present it to the State 
Registrar of Vital Statistics or the clerk of the municipality.  The funeral director or 
authorized person shall present a copy of each permit, after endorsement, to the State 
Registrar of Vital Statistics or the clerk of the municipality where death occurred and to the 
clerk who issued the permit.
Sec. 17.  22 MRSA §2843, sub-§3-A, as amended by PL 2019, c. 257, §1, is further 
amended to read:
3-A.  Authorization for burial of cremated or other remains in public burying 
ground.  The State Registrar of Vital Statistics shall provide an authorization to be used 
for the purposes of this subsection.  If cremated human remains that have been cremated or 
subjected to alkaline hydrolysis or natural organic reduction are buried in a public burying 
ground in the State, the person in charge of the public burying ground shall endorse and 
record the date the cremated remains were buried on an authorization for the remains and 
return the authorization to the State Registrar of Vital Statistics or to the clerk of the 
municipality in which the public burying ground is located within 7 days after the cremated 
remains were buried.  If there is no person in charge of the public burying ground, an 
official of the municipality in which the public burying ground is located shall endorse and 
record the date the cremated remains were buried on the authorization and present the 
authorization to the State Registrar of Vital Statistics or the clerk of the municipality.  If an 
authorization is not returned to the State Registrar of Vital Statistics within 7 days after 
cremated remains were buried, the funeral director or authorized person may present a copy 
of the authorization, if the authorization has been endorsed, to the State Registrar of Vital 
Statistics or the clerk of the municipality where death occurred and to the clerk who issued 
the authorization.
For purposes of this subsection, unless the context otherwise indicates, the following terms 
have the following meanings.
A.  "Authorization" means the form or electronic process prescribed and furnished by 
the State Registrar of Vital Statistics for the purpose of recording the consent of an 
authorized person for the burial or removal of cremated human remains that have been 
cremated or subjected to alkaline hydrolysis or natural organic reduction in a public 
burying ground as specified by department rule.
B.  "Burial" means all manner of dispersal or deposit in or on the ground or in a 
structure.
C.  "Public burying ground" has the same meaning as in Title 13, section 1101‑A, 
subsection 4.
Sec. 18.  22 MRSA §2843-A, sub-§2, as repealed and replaced by PL 2017, c. 475, 
Pt. A, §31, is amended by amending the 4th blocked paragraph to read:
The remains or a dead body is considered abandoned if no one takes custody and control 
of the remains or dead body for a period of 15 days.  A funeral director or practitioner of 
funeral service who has physical possession of abandoned remains or an abandoned dead 
body may bury or, cremate or subject the remains or dead body to alkaline hydrolysis or 
natural organic reduction.  The funeral director or practitioner of funeral service may 
embalm or refrigerate abandoned remains or an abandoned dead body without 
authorization.  A certificate of abandonment that indicates the means of disposition must 
be filed in the municipality where the death occurred.
Sec. 19.  22 MRSA §2843-A, sub-§10, as amended by PL 2017, c. 101, §3, is 
further amended to read:
10.  Funeral director or practitioner of funeral service.  The following provisions 
apply to the actions and liability of a funeral director or practitioner of funeral service, 
cemeteries and crematories and their employees.
A.  If there is a dispute regarding custody and control, a funeral director or practitioner 
of funeral service may refuse to accept the remains or dead body, inter or otherwise 
dispose of the remains or dead body or complete funeral arrangements until the funeral 
director or practitioner of funeral service is provided with a court order under 
subsection 4 or a written agreement of the person who has custody and control.
B.  If there is a dispute regarding custody and control, pending a court determination 
under subsection 4 a funeral director or practitioner of funeral service who has physical 
possession of the remains or a dead body may embalm or refrigerate and shelter the 
remains or a dead body and may bill the estate of the subject for those costs, plus 
attorney's fees and court costs.
C.  A person who signs a statement of funeral goods and services, or a cremation, 
alkaline hydrolysis or natural organic reduction authorization form or other 
authorization for disposition of the remains or a dead body is deemed to warrant the 
truthfulness of the facts set forth in the document, including but not limited to the 
existence of custody and control and the identity of the subject.
D.  A funeral director or practitioner of funeral service, cemetery, alkaline hydrolysis 
facility or natural organic reduction facility or crematory may rely on a statement of 
funeral goods and services, or a cremation, alkaline hydrolysis or natural organic 
reduction authorization form or other authorization signed by a person who has custody 
and control of the remains or a dead body and may carry out the instructions provided 
for in the statement of funeral goods and services or on the form or authorization unless 
the funeral director or practitioner of funeral service, cemetery, alkaline hydrolysis 
facility or natural organic reduction facility or crematory knows of objections from 
another person.
E.  A funeral director or practitioner of funeral service, cemetery, alkaline hydrolysis 
or natural organic reduction facility or crematory is not required to independently 
investigate custody and control of the remains or a dead body or who is next of kin.
F.  Upon cremation, alkaline hydrolysis or natural organic reduction of the remains or 
dead body, the crematory, alkaline hydrolysis facility or natural organic reduction 
facility shall prepare a certificate of cremation, alkaline hydrolysis or natural organic 
reduction signed and dated by the person in charge of the cremation, alkaline hydrolysis 
or natural organic reduction indicating the date of cremation, alkaline hydrolysis or 
natural organic reduction and the identity of the cremated remains or dead body as 
identified by the funeral director or practitioner of funeral service or the cremation, 
alkaline hydrolysis or natural organic reduction authorization form, including the 
deceased person's full name, date and place of death, gender and veteran status.  The 
crematory, alkaline hydrolysis facility or natural organic reduction facility shall 
provide the certificate of cremation, alkaline hydrolysis or natural organic reduction to 
the funeral director or practitioner of funeral service or the person who has custody and 
control of the remains or dead body.
Sec. 20.  22 MRSA §2883, 3rd ¶, as enacted by PL 2001, c. 386, §5, is amended to 
read:
As used in this section, "burial" includes cremation, alkaline hydrolysis as defined in 
section 2841-A, subsection 1 or natural organic reduction as defined in section 2841-A, 
subsection 3 and burial of the cremated remains of the body.
Sec. 21.  22 MRSA §2900, sub-§1, ¶D is enacted to read:
D.  "Cremated" or "cremation" means subject to the process of cremation, alkaline 
hydrolysis as defined in section 2841-A, subsection 1 or natural organic reduction as 
defined in section 2841-A, subsection 3.
Sec. 22.  32 MRSA §1400, sub-§1-B is enacted to read:
1-B.  Alkaline hydrolysis.  "Alkaline hydrolysis" means the reduction of human 
remains to bone fragments and essential elements in a licensed alkaline hydrolysis facility 
using heat, pressure, water and base chemical agents.
Sec. 23.  32 MRSA §1400, sub-§1-C is enacted to read:
1-C.  Alkaline hydrolysis facility.  "Alkaline hydrolysis facility" means a building or 
structure or a room or other space in a building or structure containing one or more 
hydrolysis vessels to be used for alkaline hydrolysis.
Sec. 24.  32 MRSA §1400, sub-§4-A is enacted to read:
4-A.  Natural organic reduction.  "Natural organic reduction" means the contained 
accelerated conversion of human remains to soil.
Sec. 25.  32 MRSA §1400, sub-§4-B is enacted to read:
4-B.  Natural organic reduction facility.  "Natural organic reduction facility" means 
a building or structure or a room or other space in a building or structure or real property 
where natural organic reduction is facilitated and occurs.
Sec. 26.  32 MRSA §1405-B is enacted to read:
§1405-B.  Alkaline hydrolysis or natural organic reduction
A person, firm or corporation within the State, after obtaining a license from and paying 
a license fee to the Department of Health and Human Services may establish and maintain 
suitable buildings and appliances for subjecting the bodies of the dead to alkaline 
hydrolysis or natural organic reduction and, subject to the rules of the department, may 
subject to alkaline hydrolysis or natural organic reduction such bodies and dispose of the 
remains of the same.  The department shall adopt rules to implement this section.  Rules 
adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.
The body of a deceased person may not be subjected to alkaline hydrolysis or natural 
organic reduction within 48 hours after death unless the person died of a contagious or 
infectious disease, and in no event may the body of a deceased person be subjected to 
alkaline hydrolysis or natural organic reduction until the person, firm or corporation in 
charge of the disposition has received a certificate from a duly appointed medical examiner 
or medicolegal death investigator appointed pursuant to Title 22, section 3023-A that the 
medical examiner or medicolegal death investigator has made personal inquiry into the 
cause and manner of death and is satisfied that further examination or judicial inquiry 
concerning the cause and manner of death is not necessary.  This certificate, a certified 
copy of the death certificate and a burial transit permit when presented by the authorized 
person as defined in Title 22, section 2846 is sufficient authority for the body to be 
subjected to alkaline hydrolysis or natural organic reduction, and the person, firm or 
corporation in charge of the disposition may not refuse to subject the body to alkaline 
hydrolysis or natural organic reduction or otherwise dispose of the body solely because 
these documents are presented by such an authorized person.  The certificate must be 
retained by the person, firm or corporation in charge of subjecting the body to alkaline 
hydrolysis or natural organic reduction or disposition for a period of 15 years.  For the 
certificate, the medical examiner must receive a fee of $25 payable by the person requesting 
the certificate.  This fee may be waived at the discretion of the Chief Medical Examiner.
Human remains may not be removed, transported or shipped to an alkaline hydrolysis 
facility or natural organic reduction facility unless encased in a casket or other suitable 
container. Following alkaline hydrolysis or natural organic reduction, the facility shall label 
the container of the human remains with the name of the person who was subjected to 
alkaline hydrolysis or natural organic reduction.
Sec. 27.  32 MRSA §1405-C is enacted to read:
§1405-C.  Disposition of remains subjected to alkaline hydrolysis or natural organic 
reduction
A funeral director or a practitioner of funeral service who receives remains subjected 
to alkaline hydrolysis or natural organic reduction or has received remains subjected to 
alkaline hydrolysis or natural organic reduction prior to the effective date of this section 
may dispose of those remains in accordance with Title 13, section 1032, if the following 
conditions have been met:
1.  Remains not claimed for one year.  The remains subjected to alkaline hydrolysis 
or natural organic reduction have not been claimed after a time period of at least one year 
from the time of completion of the alkaline hydrolysis or natural organic reduction; and  
2.  Notice.  The funeral director or practitioner of funeral service has sent notice by 
certified mail, return receipt requested, to the last known address of the person who 
authorized the alkaline hydrolysis or natural organic reduction at least 60 days prior to 
disposal.
Sec. 28.  32 MRSA §1455-B, sub-§6, as enacted by PL 2007, c. 402, Pt. J, §7, is 
amended to read:
6.  Unauthorized commission; crematory, mausoleum, facility for alkaline 
hydrolysis or natural organic reduction or cemetery.  Solicitation or acceptance by a 
licensee of any commission, bonus or rebate in consideration of recommending or causing 
human remains to be disposed of in any crematory, mausoleum, alkaline hydrolysis facility, 
natural organic reduction facility or cemetery;
SUMMARY
This bill allows for the treatment of human remains by alkaline hydrolysis or natural 
organic reduction as an alternate to burial in a casket or cremation.  Alkaline hydrolysis is 
the reduction of human remains to bone fragments and essential elements in a licensed 
alkaline hydrolysis facility using heat, pressure, water and base chemical agents and natural 
organic reduction is the contained accelerated conversion of human remains to soil.