Bill Text: NY A01920 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to New York state veterans' cemeteries; provides further instruction on the selections process and costs associated with the establishment of such cemetery.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-02-08 - substituted by s866 [A01920 Detail]

Download: New_York-2021-A01920-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1920

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2021
                                       ___________

        Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
          tee on Veterans' Affairs

        AN ACT to amend the executive law, in relation to New York state  veter-
          ans' cemeteries

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

     1    Section 1. Subdivision 2 of section 365 of the executive law, as added
     2  by section 5 of part W of chapter 57 of the laws of  2013,  the  opening
     3  paragraph  of  paragraph  (a)  and the opening paragraph and clause 6 of
     4  subparagraph (ii) of paragraph (h) as amended by section 11 of  part  AA
     5  of  chapter 56 of the laws of 2019 and paragraphs (b) and (g) as amended
     6  by a chapter of the laws of 2020, amending the executive law relating to
     7  costs associated with the establishment  of  New  York  state  veterans'
     8  cemeteries,  as  proposed  in  legislative  bills numbers S. 8791 and A.
     9  10782, is amended to read as follows:
    10    2. The establishment of the first New York  state  veterans  cemetery.
    11  (a)  The  director  shall  issue,  on  behalf  of the division, a public
    12  request for information for any local government desiring  to  have  the
    13  first  state veterans cemetery located within its political subdivision.
    14  Such request shall specify the  type  of  information  to  be  provided,
    15  including,  at a minimum, a detailed map of the site including potential
    16  transportation routes, the history of the site, the types of burials the
    17  site could accommodate, and the estimated number of  veterans  within  a
    18  seventy-five  mile  radius  of  the  site. Such requests for information
    19  shall be returnable to the division by no later than sixty days  follow-
    20  ing  the issuance of the requests for information. Requests for informa-
    21  tion issued by and returned to the division shall be publicly  available
    22  and posted on the division's website.
    23    (a-1)  Following  the deadline for the return of requests for informa-
    24  tion pursuant to paragraph (a) of this  subdivision,  the  division,  in
    25  cooperation  with  the United States department of veterans affairs, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07143-01-1
        A. 1920                             2

     1  in consultation with, and upon the support of the  department  of  state
     2  division  of  cemeteries, is hereby directed to conduct an investigation
     3  and study on the issue of the  construction  and  establishment  of  the
     4  first  New  York  state veterans' cemetery. Such investigation and study
     5  shall include, but not be limited to:
     6    (i) Potential site locations for such cemetery,  with  full  consider-
     7  ation  as to the needs of the veterans population; only locations within
     8  local governments that have submitted a request for information pursuant
     9  to paragraph (a) of this subdivision shall be considered and  each  such
    10  submission shall be considered;
    11    (ii) The size of the cemetery and types of grave sites;
    12    (iii) The number of annual interments at the cemetery;
    13    (iv)  Transportation  accessibility to the cemetery by veterans, their
    14  families and the general public;
    15    (v) Costs for construction of the cemetery;
    16    (vi) Costs of operation of the cemetery, including but not limited  to
    17  staffing costs to maintain the cemetery;
    18    (vii) Scalability of the cemetery for future growth and expansion;
    19    (viii)  Potential for funding for the cemetery from federal, local and
    20  private sources;
    21    (ix) Cost of maintenance;
    22    (x) Data on the population that would be served by the site;
    23    (xi) The average age of the population in the area covered;
    24    (xii) The mortality rate of the veteran population for the area;
    25    (xiii) Surrounding land use;
    26    (xiv) Topography of the land;
    27    (xv) Site characteristics;
    28    (xvi) Cost of land acquisition;
    29    (xvii) The location of existing cemeteries including but  not  limited
    30  to  national  veterans'  cemeteries,  county veterans' cemeteries, ceme-
    31  teries that have plots devoted to  veterans,  not-for-profit  cemeteries
    32  and  any  other  burial ground devoted to veterans and any other type of
    33  burial grounds devoted to the interment of  human  remains  that  is  of
    34  public record; and
    35    (xviii)  Such  other and further items as the director of the division
    36  deems necessary for the first state veterans cemetery to be successful.
    37    A report of the investigation and study conclusions shall be delivered
    38  to the governor, the temporary president of the senate, the  speaker  of
    39  the assembly and the chair of the senate committee on veterans, homeland
    40  security  and  military affairs, and the chair of the assembly committee
    41  on veterans' affairs by no later than one hundred eighty days after  the
    42  division has commenced the conduct of the investigation and study.
    43    (a-2)  Upon the completion of the investigation and study, the results
    44  shall be provided to the selection committee.  The  selection  committee
    45  shall consist of nine members as follows:
    46    (i)  The  director  of the division of veteran services, or his or her
    47  representative;
    48    (ii) The director of the division of the budget, or his or her  repre-
    49  sentative;
    50    (iii)  Three  members  appointed by the governor, two of whom shall be
    51  veterans;
    52    (iv) Two members appointed by the temporary president of  the  senate,
    53  at least one of whom shall be a veteran; and
    54    (v) Two members appointed by the speaker of the assembly, at least one
    55  of whom shall be a veteran.
        A. 1920                             3

     1    (a-3)  The  selection  committee  shall be subject to articles six and
     2  seven of the public officers law. The selection committee shall evaluate
     3  the results of the study and, upon a majority vote, make a determination
     4  as to the location of the first state veterans' cemetery. In making this
     5  determination,  the  committee's  consideration  shall,  at  a  minimum,
     6  include:
     7    (i) The findings established by the study;
     8    (ii) The submitted responses to the requests  for  information  issued
     9  pursuant to paragraph (a) of this subdivision;
    10    (iii)  The  guidelines  for receipt of federal funding specified in 38
    11  USC 2408, 38 CFR 39, and any other relevant  federal  statute  or  regu-
    12  lation;
    13    (iv)  The  possibility  of  funding  from  private individuals, corpo-
    14  rations, or foundations; and
    15    (v) Any other consideration that would facilitate the successful oper-
    16  ation of the first state veterans' cemetery.
    17    (b) The director of the division, the commissioner of  the  office  of
    18  general  services,  and  the  chair  of the division of cemeteries shall
    19  determine the amount of money necessary  to  fund  the  non-reimbursable
    20  costs  of a state veterans' cemetery, such as operation and maintenance,
    21  for a period of not less than ten years, provided that such amount shall
    22  not include monies that would be recoverable by the cemetery pursuant to
    23  a charge of fee for the provision  of  a  gravesite  for  a  non-veteran
    24  spouse  or  eligible  dependent. Prior to submitting any application for
    25  funding from the government of the United States in accordance with  the
    26  grant  requirements specified in 38 USC 2408, 38 CFR 30, and other rele-
    27  vant federal statutes or regulations, for the purpose of  seeking  funds
    28  to  support  the  construction,  establishment,  expansion, improvement,
    29  support, operation or maintenance of New York  state's  veterans'  ceme-
    30  teries,  the  director  of  the [department of state's division of ceme-
    31  teries,] division of the budget and the office of the state  comptroller
    32  must certify to the governor, the temporary president of the senate, the
    33  speaker  of  the assembly, the chair of the senate finance committee and
    34  the chair of  the  assembly  ways  and  means  committee  that  [at  the
    35  commencement  of  the  application  process pursuant to paragraph (e) of
    36  this subdivision  there  are  moneys  sufficient,  adjusted  to  reflect
    37  projected  future  inflation, to fund the non-reimbursable costs related
    38  to future operation and maintenance of a state veterans' cemetery for  a
    39  period  of  not less than ten years, provided that such amount shall not
    40  include any amount that would be recoverable by the cemetery pursuant to
    41  a charge of fee for the provision of a  grave  site  for  a  non-veteran
    42  spouse  or  family  member]  there  are  sufficient  funds to cover such
    43  amount; provided further that  such  moneys  may  include  the  veterans
    44  remembrance and cemetery maintenance and operation fund created pursuant
    45  to  section ninety-seven-mmmm of the state finance law. In making such a
    46  certification, [the director of the division of veterans' services,] the
    47  director of the division of the budget[, the director of the  department
    48  of  state's  division  of cemeteries,] and the office of the state comp-
    49  troller shall consider, but are not limited to, the following factors:
    50    (i) physical attributes of  the  veterans  cemetery,  including  size,
    51  location, and terrain;
    52    (ii)  staffing costs, cost of equipment and equipment maintenance, and
    53  security costs;
    54    (iii) relevant state and federal requirements and  specifications  for
    55  interment and perpetual care;
        A. 1920                             4

     1    (iv)  estimates  provided  by the United States department of veterans
     2  affairs;
     3    (v)  any other non-reimbursable fiscal cost, charge or assessment that
     4  would be incurred by the cemetery.
     5    (c) [By no later than  ninety  days  following  the  issuance  of  the
     6  report, pursuant to the rules and regulations issued under paragraph (h)
     7  of  this  subdivision,  the director shall issue, on behalf of the divi-
     8  sion, a request for proposals for any local government desiring to  have
     9  the  first state veterans cemetery located within its political subdivi-
    10  sion.  Such request for proposals shall be returnable to the division by
    11  no later than sixty days following  the  issuance  of  the  request  for
    12  proposals.
    13    (d)  No later than sixty days following the deadline for the return of
    14  requests for proposals pursuant to paragraph (c)  of  this  subdivision,
    15  the director, in consultation with the management board of the first New
    16  York state veterans cemetery, shall select a site for the first New York
    17  state  veterans  cemetery.  In  selecting  such site, the director shall
    18  consider:
    19    (i) The investigation and study, and the report produced by the  same,
    20  pursuant to paragraph (a) of this subdivision;
    21    (ii)  The  submitted  responses  to  the requests for proposals issued
    22  pursuant to paragraph (b) of this subdivision;
    23    (iii) The guidelines for  receipt  of  federal  funding  specified  in
    24  section  2408 of title 38 of the United States code, part 39 of title 38
    25  of the code of federal regulations, and any other relevant federal stat-
    26  ute or regulation;
    27    (iv) The possibility of funding from private individuals, corporations
    28  or foundations; and
    29    (v) Any other consideration that would facilitate the successful oper-
    30  ation of the first New York state veterans cemetery.
    31    (e) No] Once the certification that there are sufficient funds  pursu-
    32  ant  to  paragraph  (b)  of this subdivision has been made, and no later
    33  than thirty days following the selection of the site pursuant  to  para-
    34  graph  [(d)]  (a-3)  of  this subdivision, the director, in consultation
    35  with the management board of the first New York state veterans cemetery,
    36  shall commence the application process for funding from  the  government
    37  of  the  United States, in accordance with the grant requirements speci-
    38  fied in section 2408 of title 38 of the United States code, part  39  of
    39  title  38  of  the  code  of federal regulations, and any other relevant
    40  federal statute or regulation, for  the  purpose  of  seeking  funds  to
    41  support   the   construction,   establishment,  expansion,  improvement,
    42  support, operation, maintenance and the provision of perpetual  care  of
    43  New  York  state's first veterans cemetery. Such grant application shall
    44  be based on a site selected pursuant to paragraph [(d)]  (a-3)  of  this
    45  subdivision,  and shall be consistent with the guidelines for receipt of
    46  federal funding pursuant to the relevant provisions of federal law.
    47    [(f)] (d) A management board for the first  New  York  state  veterans
    48  cemetery  shall  be  appointed  pursuant  to  subdivision  three of this
    49  section.
    50    [(g) Nothing in this section shall be construed to authorize the divi-
    51  sion of veterans' services to submit any application  for  funding  from
    52  the  government  of  the  United  States  in  accordance  with the grant
    53  requirements specified in section 2408 of title 38 of the United  States
    54  code,  part 30 of title 38 of the code of federal regulations, and other
    55  relevant federal statutes or regulations, for  the  purpose  of  seeking
    56  funds  to  support  the construction, establishment, expansion, improve-
        A. 1920                             5

     1  ment, support, operation, or maintenance of New York  state's  veterans'
     2  cemetery  pursuant  to  paragraph  (e)  of  this  subdivision  until the
     3  completion of the certification pursuant to paragraph (b) of this subdi-
     4  vision.
     5    (h)]  (e)  The director shall promulgate rules and regulations govern-
     6  ing:
     7    (i) The guidelines and standards for the construction,  establishment,
     8  expansion,   improvement,   support,   operation,  maintenance  and  the
     9  provision of perpetual care for a state veterans cemetery.  Such  guide-
    10  lines shall include, but not be limited to:
    11    (1) The size and terrain of the cemetery;
    12    (2)  The  management  and operation of the cemetery, including but not
    13  limited to:
    14    (A) Hours of operation;
    15    (B) Employees, employee relations, and employee duties;
    16    (C) The conduct and practice of events, ceremonies and programs;
    17    (D) The filing and compliance of the cemetery with state  and  federal
    18  regulators; and
    19    (E)  Such  other  and further operational and management practices and
    20  procedures as the director shall  determine  to  be  necessary  for  the
    21  successful operation of a state veterans cemetery.
    22    (3) The layout of plots;
    23    (4)  The  locations  of building and infrastructure, including but not
    24  limited to:
    25    (A) Electrical lines and facilities;
    26    (B) Waterlines, irrigation systems, and drainage facilities;
    27    (C) Trees, flowers and other plantings;
    28    (D) Non gravesite memorials, gravesite memorials,  mausoleums,  colum-
    29  barium  niches,  headstones, grave markers, indoor interment facilities,
    30  committal-service shelters, signage,  flag  poles,  and  other  memorial
    31  gathering spaces or infrastructure;
    32    (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
    33    (F) Ponds, lakes and other water sites;
    34    (G)  Retaining walls, gates, fences, security systems or other devices
    35  for cemetery protection; and
    36    (H) Any other buildings, structures or  infrastructure  necessary  for
    37  the safe, efficient and effective operation of the cemetery;
    38    (5)  The  qualifications for interment, consistent with the provisions
    39  of state and federal law and any requirements pursuant to the receipt of
    40  federal, state, local or private funds;
    41    (6) The location and placement of interments;
    42    (7) Consistent with the provisions of state and federal  law  and  any
    43  requirements pursuant to the receipt of federal, state, local or private
    44  funds,  the  financial  management  of  the  cemetery, including but not
    45  limited to:
    46    (A) The procedures for the protection and implementation of the  ceme-
    47  tery's annual budget;
    48    (B)  The  seeking,  collecting,  deposit  and expenditure of operating
    49  funds pursuant to the cemetery's budget;
    50    (C) The seeking, collecting, deposit and expenditure of capital  funds
    51  pursuant to the cemetery's capital plan;
    52    (D)  The  seeking,  collecting,  deposit  and expenditure of emergency
    53  funds to address an unexpected event;
    54    (E) The assessment, charging,  collection  and  deposit  of  fees  and
    55  charges;
        A. 1920                             6

     1    (F) The management of cemetery finances, both current and future, with
     2  respect to investments; and
     3    (G)  Such  other  and further procedures and activities concerning the
     4  financial management of the cemetery;
     5    (8) The provision of perpetual care for the  cemetery,  including  but
     6  not limited to:
     7    (A)  The  frequency,  standards and methods for the beautification and
     8  maintenance of grounds,  memorials,  gravesites,  buildings,  ceremonial
     9  sites, or other locations within, or upon the curtilage of the cemetery;
    10    (B)  The  frequency, standards and methods for the provision of flags,
    11  patriotic and military  symbols,  and  other  honorary  items,  at  each
    12  gravesite and throughout the cemetery; and
    13    (C)  Such  other  and further standards as are necessary to assure the
    14  proper perpetual care of the cemetery in a manner befitting the  highest
    15  level  of  honor and respect deserving to those veterans and their fami-
    16  lies interred in the cemetery;
    17    (9) Guidelines and standards for the procurement of land for the ceme-
    18  tery providing that the state veterans cemetery, and  all  the  property
    19  upon which it resides shall be owned in fee simple absolute by the state
    20  of New York;
    21    (10) Guidelines and standards for the practices and procedures for the
    22  construction  and  establishment of a state veterans cemetery, including
    23  contracting  and  purchasing  for  construction  services,  professional
    24  services,  legal  services, architectural services, consulting services,
    25  as well as the procurement of materials, all consistent with  the  rele-
    26  vant provisions of federal, state and local law, the regulations promul-
    27  gated  thereunder,  and the requirements contained in the grants awarded
    28  or pursued from the federal government, or any source of  private  fund-
    29  ing;
    30    (11) Guidelines and standards for the practices and procedures for the
    31  expansion  and  improvement  of  a  state  veterans  cemetery, including
    32  contracting  and  purchasing  for  construction  services,  professional
    33  services,  legal  services, architectural services, consulting services,
    34  as well as the procurement of materials, all consistent with  the  rele-
    35  vant provisions of federal, state and local law, the regulations promul-
    36  gated  thereunder,  and the requirements contained in the grants awarded
    37  or pursued from the federal government, or any source of  private  fund-
    38  ing;
    39    (12)  Any  other  guidelines  and  standards that would facilitate the
    40  successful construction, establishment, expansion, improvement, support,
    41  operation, maintenance and the provision of perpetual care for the state
    42  veterans cemetery;
    43    (ii) Guidelines and standards for [the request for proposals for]  any
    44  local  government  desiring  to  have the first state veterans' cemetery
    45  located within its political subdivision, [pursuant to paragraph (b)  of
    46  this subdivision,] including, but not limited to:
    47    (1) [The form, requirements and standards required for submission of a
    48  response to the request for proposals;
    49    (2)  The requirement, if the director so elects, that a response shall
    50  require the local government to agree to contract with the state of  New
    51  York that all costs for construction, establishment, expansion, improve-
    52  ment,  support,  operation,  maintenance  and the provision of perpetual
    53  care of the veterans cemetery shall be the sole responsibility  of,  and
    54  paid  by the local government, and that to the extent such costs are not
    55  paid or reimbursed by the government of the United States, or a  private
    56  individual, corporation or foundation;
        A. 1920                             7

     1    (3)]  The  requirement  that the local government will comply with all
     2  state and federal statutes and regulations concerning the  construction,
     3  establishment,  expansion,  improvement, support, operation, maintenance
     4  and the provision of perpetual care of the state veterans cemetery,  and
     5  shall  satisfy  any  and  all applicable state and federal standards and
     6  requirements for the perpetual care of the state veterans cemetery;
     7    [(4)] (2) That the state veterans cemetery, and all the property  upon
     8  which  it  resides shall be owned in fee simple absolute by the state of
     9  New York;
    10    [(5)] (3) That all lands upon which such cemetery is  constructed  and
    11  established  shall  be used solely for state veterans cemetery purposes,
    12  and for the purpose of providing the honor and remembrance  of  veterans
    13  and their service through ceremonies and programs;
    14    [(6)  The  requirement that a response shall require the local govern-
    15  ment to agree to authorize the state of New York, in the event that  the
    16  local  government  fails  to  perform its obligations under the contract
    17  with the state of New York, that the state director of the  division  of
    18  veterans'  services  shall certify to the comptroller any unpaid amounts
    19  or any amounts necessary for the state to assume the  obligations  which
    20  the  local  government  failed to perform, and the comptroller shall, to
    21  the extent not otherwise prohibited by law, withhold  such  amount  from
    22  any  state  aid or other amount payable to such local government; to the
    23  extent that sufficient funds are not available for such withholding, the
    24  state may pursue any and all available legal  remedies  to  enforce  the
    25  terms of the contract entered into between the state and a local govern-
    26  ment pursuant to this subdivision; and
    27    (7)]  (4) Such other and further requirements as the director may deem
    28  prudent in the facilitation of the successful siting and operation of  a
    29  state veterans cemetery in the jurisdiction of the local government; and
    30    (iii) Such other and further guidelines and standards as are necessary
    31  for  the successful construction, establishment, expansion, improvement,
    32  support, operation, maintenance and the provision of perpetual care  for
    33  a state veterans cemetery[;].
    34    [(i)]  (f)  Upon  the approval of the application for funding from the
    35  government of the United States, made pursuant to paragraph [(e)] (c) of
    36  this subdivision, the director, upon consultation  with  the  management
    37  board,  shall  commence the process of construction and establishment of
    38  the first state veterans cemetery. Such process shall be consistent with
    39  the relevant provisions of local, state and federal law, and  the  rules
    40  and  regulations  established pursuant to paragraph (h) of this subdivi-
    41  sion.
    42    § 2. This act shall take effect on the  same  date  and  in  the  same
    43  manner  as  a  chapter  of  the laws of 2020, amending the executive law
    44  relating to costs associated with the establishment of  New  York  state
    45  veterans'  cemeteries,  as proposed in legislative bills numbers S. 8791
    46  and A. 10782, takes effect.