Bill Text: NY S03024 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides a permit for a memorial lands facility.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed) 2024-03-14 - ADVANCED TO THIRD READING [S03024 Detail]

Download: New_York-2023-S03024-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3024--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 26, 2023
                                       ___________

        Introduced  by  Sens. COMRIE, HARCKHAM, KENNEDY, KRUEGER, MATTERA, MYRIE
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Environmental Conservation -- reported favorably from
          said committee, ordered to first and second report, amended on  second
          report,  ordered  to  a third reading, and to be reprinted as amended,
          retaining its place in the order of third reading  --  recommitted  to
          the  Committee on Environmental Conservation in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the   not-for-profit corporation law, in relation to
          authorizing memorial lands facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The not-for-profit corporation law is amended by adding a
     2  new section 1506-f to read as follows:
     3  § 1506-f. Memorial lands facility.
     4    (a) Any person who operates an entity on land, that is primarily  used
     5  only  for  the  respectful  disposition of cremated and naturally organ-
     6  ically reduced remains shall hold a valid memorial lands facility permit
     7  issued and approved by the cemetery board.
     8    (b) To receive a memorial lands facility  permit  the  operator  of  a
     9  memorial lands facility shall be a not-for-profit corporation subject to
    10  the  regulatory  oversight  of  the  cemetery board, incorporated in the
    11  state, that shall file with the department and adhere  to  an  operation
    12  plan for the maintenance of the land and the disposition of cremated and
    13  naturally  organically reduced remains. The operation plan shall include
    14  the following:
    15    (1) Evidence of a perpetual conservation easement,  as  defined  under
    16  section  49-0303  the environmental conservation law, held by a not-for-
    17  profit conservation organization or public body or  evidence  that  such
    18  lands are cemetery lands;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04711-04-4
        S. 3024--B                          2

     1    (2) A commitment that no crematory or columbarium shall be constructed
     2  on the memorial lands facility;
     3    (3)  Any  plans  for  a proposed or existing natural organic reduction
     4  facility;
     5    (4) A copy of the form contract between the  memorial  lands  facility
     6  and  the consumer that permits the disposition of cremated and naturally
     7  organically reduced remains; and
     8    (5) The rules and regulations for the memorial  lands  facility  which
     9  governs and shall include but not be limited to, access to the land.
    10    (c)  An  entity  holding  a  memorial  lands  facility permit shall be
    11  subject to  any  regulations  pertaining  to  disposal  of  cremated  or
    12  naturally  organically reduced remains or disposal thereof in this arti-
    13  cle.
    14    (d) As a condition of approval for such  permit,  the  operator  shall
    15  provide certification to the cemetery board that such activities conform
    16  with existing local zoning laws and ordinances.
    17    (e) The cemetery board is authorized to promulgate any rules and regu-
    18  lations  as  may be necessary to implement and administer the provisions
    19  of this section.
    20    § 2. This act shall take effect immediately.