HB4982 103RD GENERAL ASSEMBLY

LRB103 38290 CES 68425 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4982

Introduced 2/8/2024, by Rep. Tim Ozinga

SYNOPSIS AS INTRODUCED:

410 ILCS 5/3 new

Amends the Burial of Dead Bodies Act. Provides that, until July 1, 2026, a green burial shall not be performed in this State unless the green burial is performed in a cemetery that permits green burials and at which green burials are permitted by all applicable ordinances and regulations. Provides that the Director of Public Health shall study the environmental and health impacts of green burials and natural organic reduction and develop recommendations for the performance of green burials and natural organic reduction to prevent environmental harm, including contamination of groundwater and surface water, and to protect the health of workers performing green burials and natural organic reduction, mourners, and the public. Details topics that the study may address. Requires the Director of Public Health to submit the study and recommendations, including any statutory changes needed to implement the recommendations, to the General Assembly by February 1, 2026. Defines terms. Effective July 1, 2024.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Burial of Dead Bodies Act is amended by adding Section 3 as follows:

(410 ILCS 5/3 new)

Sec. 3. Green burials.

(a) As used in this Section, "green burial" means the burial of a dead human body in a manner that minimizes environmental impact and that allows for the decomposition of the body using, at a minimum, the following procedures:

(1) the human body is not embalmed before burial or is embalmed only with nontoxic chemicals;

(2) a biodegradable casket or shroud is used for burial; and

(3) the casket or shroud holding the human body is not placed in an outer burial container when buried.

(b) Until July 1, 2026, a green burial shall not be performed in this State unless the green burial is performed in a cemetery that permits green burials and at which green burials are permitted by all applicable ordinances and regulations.

(c) The Director of Public Health shall study the environmental and health impacts of green burials and natural organic reduction and develop recommendations for the performance of green burials and natural organic reduction to prevent environmental harm, including contamination of groundwater and surface water, and to protect the health of workers performing green burials and natural organic reduction, mourners, and the public. The study and recommendations may address topics that include:

(1) the siting of locations where green burials are permitted;

(2) the minimum distance a green burial location must have from groundwater, surface water, and drinking water;

(3) the minimum depth at which a body buried via green burial must be buried, the minimum soil depth below the body, and the minimum soil depth covering the body;

(4) the maximum density of green burial interments in a green burial location;

(5) the procedures used by individuals who come in direct contact with a body awaiting green burial to minimize the risk of infectious disease transmission from the body;

(6) the methods to temporarily inhibit decomposition of an unembalmed body awaiting green burial;

(7) the time period within which an unembalmed body awaiting green burial must be buried or held in a manner that delays decomposition; and

(8) the use of natural organic reduction for the disposition of a human body.

(d) The Director of Public Health shall submit the study and recommendations, including any statutory changes needed to implement the recommendations, to the General Assembly by February 1, 2026.

Section 99. Effective date. This Act takes effect July 1, 2024.