Bill Text: NY S03024 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides a permit for a memorial lands facility.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed) 2024-05-08 - referred to corporations, authorities and commissions [S03024 Detail]
Download: New_York-2023-S03024-Introduced.html
Bill Title: Provides a permit for a memorial lands facility.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed) 2024-05-08 - referred to corporations, authorities and commissions [S03024 Detail]
Download: New_York-2023-S03024-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3024 2023-2024 Regular Sessions IN SENATE January 26, 2023 ___________ Introduced by Sens. COMRIE, HARCKHAM, KENNEDY, KRUEGER, MATTERA, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation 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. LBD04711-01-3S. 3024 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.