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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7104--A

                               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  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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 and approved by the cemetery board in the division  of  ceme-
    11  teries in the department of state.
    12    2. To receive a memorial lands facility permit the operator of a memo-
    13  rial  lands facility shall be a not-for-profit corporation, incorporated
    14  in the state, that shall file with the department and adhere to an oper-
    15  ation plan for the maintenance  of  the  land  and  the  disposition  of
    16  cremated remains. The operation plan shall include the following:
    17    (a)  Evidence  of  a  conservation  easement, as defined under section
    18  49-0303 of this chapter, held by a not-for-profit conservation organiza-
    19  tion or public body;
    20    (b) A commitment that no crematory or columbarium shall be constructed
    21  on the memorial lands facility;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04711-03-3
        A. 7104--A                          2

     1    (c) A copy of the form contract between the  memorial  lands  facility
     2  and the consumer that permits the disposition of cremated remains; and
     3    (d)  The  rules  and regulations for the memorial lands facility which
     4  governs and shall include but not be limited to, access to the land.
     5    3. An entity holding a memorial lands facility permit shall be subject
     6  to any  regulations  pertaining  to  disposal  of  cremated  remains  or
     7  disposal  thereof  in  article fifteen of the not-for-profit corporation
     8  law.
     9    4. As a condition of approval for  such  permit,  the  operator  shall
    10  provide  certification  to  the  department that such activities conform
    11  with existing local zoning laws and ordinances.
    12    5. The department is authorized to  promulgate  any  rules  and  regu-
    13  lations  as  may be necessary to implement and administer the provisions
    14  of this title.
    15    § 2. This act shall take effect immediately.