Bill Text: NY S04369 | 2025-2026 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2025-02-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04369 Detail]

Download: New_York-2025-S04369-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4369

                               2025-2026 Regular Sessions

                    IN SENATE

                                    February 4, 2025
                                       ___________

        Introduced  by  Sens.  COMRIE, HARCKHAM, 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   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;
    19    (2) A commitment that no crematory or columbarium shall be constructed
    20  on the memorial lands facility;
    21    (3)  Any  plans  for  a proposed or existing natural organic reduction
    22  facility;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05782-01-5
        S. 4369                             2

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