Creating Natural Organic Reduction Act

SB 1054 Text

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Introduced Version

Senate Bill 1054 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE

FISCAL NOTE

2026
REGULAR SESSION
Introduced
Senate Bill 1054
By Senator Woodrum
[Introduced February 21, 2026; referred
to the Committee on Health and Human Resources; and then to the Committee on Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-5EE-1, §16-5EE-2, §16-5EE-3, §16-5EE-4, §16-5EE-5, §16-5EE-6, §16-5EE-7, §16-5EE-8, §16-5EE-9, §16-5EE-10, §16-5EE-11, and §16-5EE-12, relating to the final disposition of human remains; providing a short title; providing legislative findings and purpose; providing definitions; authorizing natural organic reduction; providing regulatory authority; clarifying licensing and exclusions; establishing standards; authorizing rulemaking; and providing severability.
Be it enacted by the Legislature of West Virginia:

ARTICLE 5EE. West Virginia Natural Organic Reduction ACT.

§16-5EE-1. Short title.

This article may be cited as the " Natural Organic Reduction Act."

§16-5EE-2. Legislative findings and purpose.

(a) The Legislature finds that:
(1) The state has a legitimate interest in ensuring lawful, sanitary, and dignified methods of final disposition of human remains;
(2) Natural Organic Reduction is a scientifically recognized method of disposition involving controlled biological processes distinct from burial, cremation, and embalming;
(3) Natural Organic Reduction does not involve chemical preservation, cosmetic preparation, or invasive treatment of human remains;
(4) Public health oversight of facilities and processes is sufficient to protect the public without requiring professional funeral licensure; and
(5) Consumers, families, and religious communities have a legitimate interest in lawful disposition options consistent with personal, environmental, and faith-based beliefs.
(b) This act establishes Natural Organic Reduction as a lawful method of disposition in West Virginia, regulates facilities and processes for public health and safety, and clearly delineates regulatory authority.

§16-5EE-3. Definitions.

For the purpose of this article:
"Natural Organic Reduction" or "NOR" means a method of final disposition in which human remains are transformed through a controlled, accelerated, aerobic biological process into soil or soil-like material.
"NOR Facility" means a fixed, permitted location where natural organic reduction is conducted in accordance with this article.
"NOR Operator" means a person or entity that owns or operates an NOR facility.
"Final disposition" means the lawful handling of human remains after death, including burial, cremation, natural organic reduction, or other methods authorized by law.
"Human remains" has the same meaning as provided under §29-1-8A(b)(1) of this code.

§16-5EE-4. Authorization of natural organic reduction.

(a) Natural Organic Reduction is hereby authorized as a lawful method of final disposition in this state.
(b) Natural Organic Reduction may only be performed at a permitted NOR Facility in compliance with this article.
(c) No person may perform Natural Organic Reduction except as authorized under this article.

§16-5EE-5. Regulatory authority.

(a) The Department of Health shall have exclusive authority to regulate Natural Organic Reduction under this article.
(b) Regulatory authority shall be limited to:
(1) Facility sanitation and safety standards;
(2) Process controls necessary to ensure pathogen reduction;
(3) Recordkeeping and chain-of-custody requirements; and
(4) Final disposition documentation consistent with vital records law.
(c) The Board of Funeral Service shall have no authority to regulate, license, discipline, approve, or oversee Natural Organic Reduction, NOR Facilities, or NOR Operators under this article.

§16-5EE-6. Licensing and professional exclusions.

(a) An NOR Operator is not required to hold a funeral director or embalmer license solely to operate an NOR Facility or perform Natural Organic Reduction.
(b) Nothing in this article authorizes an NOR Operator to:
(1) Embalm or chemically preserve human remains;
(2) Perform cosmetic or restorative preparation;
(3) Hold themselves out as a funeral director or funeral establishment; and
(4) Offer or advertise funeral services requiring licensure under other provisions of state law.
(c) Any person engaging in activities requiring licensure under other provisions of law must comply with those requirements.

§16-5EE-7. Facility permitting standards.

(a) The Department of Health shall establish minimum standards for NOR Facility permits, including:
(1) Structural integrity and secure containment;
(2) Process monitoring sufficient to ensure biological safety;
(3) Sanitation and odor control; and
(4) Procedures for handling, curing, and release of soil resulting from Natural Organic Reduction.
(b) Regulations shall be limited to public health and safety and shall not impose requirements unrelated to biological processing.

§16-5EE-8. Handling and use of resulting material.

(a) Material resulting from Natural Organic Reduction shall not be classified as waste.
(b) Resulting material may be:
(1) Returned to the decedent’s family;
(2) Used for memorial purposes; or
(3) Placed in locations permitted by law.
(c) Sale of resulting material is prohibited.

§16-5EE-9. Death certification and records.

(a) Natural Organic Reduction does not alter existing requirements for death certification, medical examiner review, or registration of death.
(b) NOR Facilities shall maintain records sufficient to demonstrate lawful disposition.

§16-5EE-10. Preemption and conflict resolution.

(a) Notwithstanding any other provision of this code, Natural Organic Reduction is governed exclusively by this article.
(b) To the extent of any conflict between this article and any other provision of state law, this article shall control.

§16-5EE-11. Rulemaking.

This Department of Health may propose rules for legislative approval in accordance with the provisions of §29A-3-1
et seq
. of this code to implement the provisions of this article, consistent with the limitations set forth herein.

§16-5EE-12. Severability.

If any provision of this article is held invalid, the invalidity does not affect other provisions or applications of the article.

NOTE: The purpose of this bill is to establish Natural Organic Reduction as a lawful method of disposition in West Virginia.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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