09/27/2022

Is Aquamation legal in my state?

By Christopher Taktak

What is Aquamation?

Aquamation, also known as alkaline hydrolysis or water cremation, is an alternative to flame cremation that uses water, not fire. The process involves the reduction of the human body using a solution of salt-water solution (as well as heat and pressure.) The end remains are brittle bone ash, which are placed in an urn and kept as ashes.

Where is Aquamation legal?

Aquamation is currently legal in 28 states and pending in another 6.

As the demand for a cleaner alternative to fire cremations increases, we expect more and more states to approve Aquamation. Rising gas prices are another factor that will push legislators to consider Aquamation, given that Aquamation saves 540lbs of fuel per cremation.

Aquamation is legal in:

  • Alabama
  • Arizona
  • California
  • Colorado
  • Connecticut
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Kansas
  • Maine
  • Maryland
  • Michigan
  • Minnesota
  • Missouri
  • Nevada
  • North Carolina
  • North Dakota
  • Oklahoma
  • Oregon
  • Tennessee
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wyoming

Aquamation is not yet legal, but pending in:

  • Kentucky
  • Massachusetts
  • Pennsylvania
  • South Dakota
  • Texas
  • Wisconsin

Aquamation is not legal in:

  • Alaska
  • Arkansas
  • Delaware
  • Indiana
  • Iowa
  • Louisana
  • Mississpi
  • Montana
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • Ohio
  • Rhode Island
  • South Carolina

Alkaline Hydrolysis Legality State by State

Alabama

Aquamation is legal in Alabama. Existing funeral code was updated in 2017 to include alkaline hydrolysis.


Alaska

Aquamation is not legal in Alaska.


Arizona

Aquamation is legal in Arizona. Chapter 257 was updated in 2022 to permit alkaline hydrolysis.


Arkansas

Aquamation is not legal in Arkansas.


California

Aquamation is legal in California. Proposition AB 967 was signed into law in 2017, allowing alkaline hydrolysis within the state.


Colorado

Aquamation is legal in Colorado. Alkaline hydrolysis was legalized in 2011 when the definition of cremation changed by deleting the mention “direct exposure to intense heat”.


Connecticut

Aquamation is legal in Connecticut. Public act 16-40 passed in 2016 allowing alkaline hydrolysis as a disposition method.


Delaware

Aquamation is not legal in Delaware.


Florida

Aquamation is legal in Florida. Proposition SB 1152 became law effective in 2009, authorizing the use of alkaline hydrolysis.


Georgia

Aquamation is legal in Georgia. Proposition HB 933 was signed into law in 2012, redefining the definition of cremation to include alkaline hydrolysis.


Hawaii

Aquamation is legal in Hawaii. Proposition HB 1894 HD3 SD2 was signed into law in 2022, including water cremation as a disposal of humain remains.


Idaho

Aquamation is legal in Idaho. Docket 24-0801-1301 was adopted in 2014, amending the law to approve alkaline hydrolysis as an authorized method of cremation.


Illinois

Aquamation is legal in Illinois. Proposition SB 1830 was signed into law in 2012, redefining the definition of cremation to include alkaline hydrolysis.

Indiana

Aquamation is not legal in Indiana.


Iowa

Aquamation is not legal in Iowa.


Kansas

Aquamation is legal in Kansas. Law K.S.A. 65-1760 was passed in 2011, including alkaline hydrolysis as an authorized method of disposition.


Kentucky

Proposition HB 25 authorizing aquamation is pending in Kentucky.


Louisiana

Aquamation is not legal in Louisana.


Maine

Aquamation is legal in Maine. Alkaline hydrolysis was legalized in 2009 when the Maine Attorney General approved a new definition of cremation including it.


Maryland

Aquamation is legal in Maryland. Proposition HB 995 was passed in 2011, changing the definition of cremation to include alkaline hydrolysis.


Massachusetts

Propositions S 1391 and H 4036 authorizing aquamation are pending in Massachusetts.


Michigan

Aquamation is legal in Michigan. Administrative codes were revised in 2017 to include alkaline hydrolysis as an authorized method of disposal.


Minnesota

Aquamation is legal in Minnesota. Proposition SF 1071 was signed into law in 2003, including alkaline hydrolysis to the state licenses and regulatory requirements.


Mississippi

Aquamation is not legal in Mississippi.


Missouri

Aquamation is legal in Missouri. The state definition of cremation is accommodating, therefore not restrictive of alkaline hydrolysis, as confirmed by the State board of embalmers and funeral directors in 2015.


Montana

Aquamation is not legal in Montana.

Nebraska

Aquamation is not legal in Nebraska.


Nevada

Aquamation is legal in Nevada. Proposition AB 205 was signed into law in 2018, authorizing alkaline hydrolysis as an alternative to flame based cremation and burial.


New Hampshire

Aquamation is not legal in New Hampshire.


New Jersey

Aquamation is not legal in New Jersey.


New Mexico

Aquamation is not legal in New Mexico.


New York

Aquamation is not legal in New York.


North Carolina

Aquamation is legal in North Carolina. Proposition HB 529 went into effect in 2018, allowing the usage of alkaline hydrolysis as an authorized method of disposal.


North Dakota

Aquamation is legal in North Dakota. Proposition HB 1294 was passed into law in 2017, authorizing alkaline hydrolysis as an authorized method of disposal.


Ohio

Aquamation is not legal in Ohio.


Oklahoma

Aquamation is legal in Oklahoma. Proposition HB 1742 was signed into law in 2021, updating the definition of cremation to include alkaline hydrolysis.


Oregon

Aquamation is legal in Oregon. Proposition SB 796 became effective in 2009, changing the definition of final disposition to include alkaline hydrolysis.


Pennsylvania

Proposition SB 810 authorizing aquamation is pending in Pennsylvania.

Rhode Island

Aquamation is not legal in Rhode Island.


South Carolina

Aquamation is not legal in South Carolina.


South Dakota

Proposition HB 1307 authorizing aquamation is pending in South Dakota.


Tennessee

Aquamation is legal in Tennessee. Proposition HB 334 signed into law in 2021, amending the title relative to funerary services to include alkaline hydrolysis.


Texas

Proposition HB 1404 authorizing aquamation is pending in Texas.


Utah

Aquamation is legal in Utah. Proposition HB 121 was signed into law in 2018, legalizing alkaline hydrolysis.


Vermont

Aquamation is legal in Vermont. Proposition H 656 was enacted in 2014, altering the definition of crematory establishment to include alkaline hydrolysis.


Virginia

Aquamation is legal in Virginia. Proposition SB 129S1 was passed in 2022, directing the Board of Funeral Directors and Embalmers to convene to study how to regulate and implement alkaline hydrolysis in the state.


Washington

Aquamation is legal in Washington. Bill 5001 was passed in 2019, allowing alkaline hydrolysis as an authorized method of disposition.


West Virginia

Aquamation is legal in West Virginia. Codes in chapter 214 (relating to the Board of Funeral Service Examiners) were amended in 2022 to include alkaline hydrolysis.


Wisconsin

Propositions AB 207 and SB 228 authorizing aquamation are pending in Wisconsin.


Wyoming

Aquamation is legal in Wyoming. Proposition HB 25 passed in 2014, expanding the Funeral Services Practitioners Act to include “chemical disposition”, which encompasses alkaline hydrolysis.

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Christopher Taktak

Christopher is a licensed Funeral Director and Crematory Manager in the state of California. He is also a graduate of Columbia University. Christopher believes in ethical means, professional behavior, and sustainable methods. His favorite pastime is reading.