Bill Text: NY A07104 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2024-01-22 - print number 7104b [A07104 Detail]

Download: New_York-2023-A07104-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7104

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

        Introduced  by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, RIVERA, FALL,
          BURDICK, FAHY, LUPARDO, SEAWRIGHT, TAYLOR, SIMON,  JACOBSON,  JACKSON,
          HEVESI,  COOK  --  read  once  and referred to the Committee on Corpo-
          rations, Authorities and Commissions

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          providing a permit for a memorial lands facility

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

     1    Section 1. Article 9 of the environmental conservation law is  amended
     2  by adding a new title 22 to read as follows:
     3                                  TITLE 22
     4                           MEMORIAL LANDS FACILITY
     5  Section 9-2201. Memorial lands facility.
     6  § 9-2201. Memorial lands facility.
     7    1.  Any  person who operates an entity on land, other than a cemetery,
     8  that is primarily  used  for  the  respectful  disposition  of  cremated
     9  remains  shall hold a valid memorial lands facility permit issued by the
    10  department.
    11    2. To receive a memorial lands facility permit the operator of a memo-
    12  rial lands facility shall file with the  department  and  adhere  to  an
    13  operation  plan  for  the maintenance of the land and the disposition of
    14  cremated remains. The operation plan shall include the following:
    15    (a) Evidence of a conservation  easement,  as  defined  under  section
    16  49-0303 of this chapter, held by a not-for-profit conservation organiza-
    17  tion or public body;
    18    (b) A commitment that no crematory or columbarium shall be constructed
    19  on the memorial lands facility;
    20    (c)  A  copy  of the form contract between the memorial lands facility
    21  and the consumer that permits the disposition of cremated remains; and
    22    (d) The rules and regulations for the memorial  lands  facility  which
    23  governs and shall include but not be limited to, access to the land.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04711-01-3
        A. 7104                             2

     1    3.  An entity holding a memorial lands facility permit is operating on
     2  "private property" for purposes of  paragraph  (i)  of  section  fifteen
     3  hundred  seventeen of the not-for-profit corporation law and neither the
     4  land nor the entity shall be subject to regulations pursuant to  article
     5  fifteen of the not-for-profit corporation law.
     6    4.  As  a  condition  of  approval for such permit, the operator shall
     7  provide certification to the department  that  such  activities  conform
     8  with existing local zoning laws and ordinances.
     9    5.  The  department  is  authorized  to promulgate any rules and regu-
    10  lations as may be necessary to implement and administer  the  provisions
    11  of this title.
    12    § 2. This act shall take effect immediately.