Bill Text: NY A07848 | 2021-2022 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2022-05-24 - print number 7848a [A07848 Detail]

Download: New_York-2021-A07848-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7848--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 27, 2021
                                       ___________

        Introduced  by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, J. D. RIVERA,
          FERNANDEZ, BURDICK, SOLAGES, ENGLEBRIGHT,  FALL,  SEAWRIGHT,  LUPARDO,
          FAHY,  TAYLOR,  SIMON,  JACOBSON, JACKSON, GALEF, HEVESI, COOK -- read
          once and referred to the Committee on  Corporations,  Authorities  and
          Commissions  -- recommitted to the Committee on Corporations, Authori-
          ties 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  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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11049-05-2
        A. 7848--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 is operating  on
     6  "private  property"  for  purposes  of  paragraph (i) of section fifteen
     7  hundred seventeen of the not-for-profit corporation law and neither  the
     8  land  nor the entity shall be subject to regulations pursuant to article
     9  fifteen of the not-for-profit corporation law.
    10    4. As a condition of approval for  such  permit,  the  operator  shall
    11  provide  certification  to  the  department that such activities conform
    12  with existing local zoning laws and ordinances.
    13    5. The department is authorized to  promulgate  any  rules  and  regu-
    14  lations  as  may be necessary to implement and administer the provisions
    15  of this title.
    16    § 2. This act shall take effect immediately.