Ashes to Ashes, but What Then?

Ashes to ashes, but what then? California is the only state that prohibits individuals from distributing the cremated remains of a loved one either on land or at sea within three miles of the shoreline. The choice: to deposit the ashes in an approved cemetery “scattering ground,” hire an officially certified “cremated remains disposer” or just violate the law.

The overly restrictive rules, adopted at the behest of the funeral industry, finally would be eliminated with the enactment of a bill sponsored by Assemblyman Tom Torlakson (D-Antioch). AB 1705 won final approval in the Assembly Tuesday, 45 to 15, and now goes to Gov. Pete Wilson. The governor should sign this reasonable and compassionate measure.

As long as there is no local prohibition, Torlakson’s bill allows remains to be scattered on land with the permission of the property owner or, in the case of public land, the controlling agency. Disposal could be done in the ocean or in navigable waters inland, but not in lakes or streams. The measure also requires funeral homes to advise customers of their newly established rights.

The idea of having one’s ashes scattered in some favorite spot is particularly satisfying to increasing numbers of people. Wilson’s signature on this bill would grant considerable peace of mind to those involved.