Bill Text: NY A07104 | 2023-2024 | General Assembly | Amended
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
STATE OF NEW YORK ________________________________________________________________________ 7104--B 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 -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Assembly Rule 3, sec. 2 -- 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. LBD04711-05-4A. 7104--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.