Bill Text: NY A06113 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the incineration of human remains for the purpose of producing energy and establishes penalties for the violation thereof.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-11-25 - enacting clause stricken [A06113 Detail]

Download: New_York-2015-A06113-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6113
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2015
                                      ___________
       Introduced by M. of A. BORELLI -- Multi-Sponsored by -- M. of A. CERETTO
         --  read once and referred to the Committee on Environmental Conserva-
         tion
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         municipal solid and regulated medical waste incineration facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 19-0306 of the environmental  conservation  law  is
    2  amended by adding a new subdivision 8 to read as follows:
    3    8.  A.  IT  SHALL  BE  UNLAWFUL  FOR  ANY MUNICIPAL SOLID OR REGULATED
    4  MEDICAL WASTE INCINERATION FACILITY, AS  DEFINED  BY  THIS  SECTION,  TO
    5  BURN,  INCINERATE OR OTHERWISE DEFILE THE REMAINS OF ANY DECEDENT OR ANY
    6  OTHER RECOGNIZABLE HUMAN BODY PART FOR THE PURPOSE OF PRODUCING ENERGY.
    7    B. "DECEDENT" MEANS A DECEASED INDIVIDUAL OF ANY AGE  AND  INCLUDES  A
    8  STILLBORN  INFANT  OR  A FETUS AT ANY STAGE OF DEVELOPMENT REGARDLESS OF
    9  THE CAUSE OF DEATH.
   10    C. THE COMMISSIONER  IN  CONJUNCTION  WITH  THE  COMMISSIONER  OF  THE
   11  DEPARTMENT  OF  HEALTH SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF
   12  THIS SUBDIVISION.
   13    D. ANY MUNICIPAL SOLID OR REGULATED MEDICAL WASTE INCINERATION FACILI-
   14  TY THAT KNOWINGLY VIOLATES, DISOBEYS, OR DISREGARDS  ANY  TERM  OF  THIS
   15  SUBDIVISION  SHALL  BE  LIABLE  TO  THE  PEOPLE OF THE STATE FOR A CIVIL
   16  PENALTY, TO BE ASSESSED BY THE COMMISSIONER, NOT TO EXCEED ONE  THOUSAND
   17  DOLLARS  FOR  THE FIRST VIOLATION, TWO THOUSAND FIVE HUNDRED DOLLARS FOR
   18  THE SECOND VIOLATION, AND FIVE THOUSAND DOLLARS FOR THE THIRD AND SUBSE-
   19  QUENT VIOLATIONS.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05834-01-5