Assembly Bill A7848A

2021-2022 Legislative Session

Provides for memorial land facilities

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A7848 - Details

See Senate Version of this Bill:
S6842
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 9 Title 22 §9-2201, En Con L
Versions Introduced in 2023-2024 Legislative Session:
A7104, S3024

2021-A7848 - Summary

Provides a permit for a memorial lands facility.

2021-A7848 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7848
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 27, 2021
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 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:
 
   Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 22 to read as follows:
                                 TITLE 22
                          MEMORIAL LANDS FACILITY
 SECTION 9-2201. MEMORIAL LANDS FACILITY.
 § 9-2201. MEMORIAL LANDS FACILITY.
   1.  ANY PERSON WHO OPERATES A BUSINESS ON LAND, OTHER THAN A CEMETERY,
 THAT IS PRIMARILY  USED  FOR  THE  RESPECTFUL  DISPOSITION  OF  CREMATED
 REMAINS  SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT ISSUED BY THE
 DEPARTMENT.
   2. THE OPERATOR OF A MEMORIAL  LANDS  FACILITY  SHALL  FILE  WITH  THE
 DEPARTMENT  AND  ADHERE  TO AN OPERATION PLAN FOR THE MAINTENANCE OF THE
 LAND AND THE DISPOSITION OF CREMATED REMAINS. THE OPERATION  PLAN  SHALL
 INCLUDE THE FOLLOWING:
   (A)  A  COMMITMENT THAT THE LAND WILL BE MANAGED AND MAINTAINED IN ITS
 NATURAL STATE IN PERPETUITY AND SHALL  NOT  BE  DEVELOPED  FOR  PURPOSES
 OTHER THAN FACILITATING THE DISPOSITION OF CREMATED REMAINS;
   (B) A LAND MANAGEMENT PLAN;
   (C) A COMMITMENT THAT NO CREMATORY OR COLUMBARIUM SHALL BE CONSTRUCTED
 ON THE MEMORIAL LANDS FACILITY;
   (D)  A  COPY  OF THE FORM CONTRACT BETWEEN THE MEMORIAL LANDS FACILITY
 AND THE CONSUMER FOR THE PURCHASE AND SALE  OF  AN  IRREVOCABLE  LICENSE
 THAT PERMITS THE DISPOSITION OF CREMATED REMAINS; AND
   (E)  THE  RULES  AND REGULATIONS FOR THE MEMORIAL LANDS FACILITY WHICH
 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.

co-Sponsors

2021-A7848A (ACTIVE) - Details

See Senate Version of this Bill:
S6842
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 9 Title 22 §9-2201, En Con L
Versions Introduced in 2023-2024 Legislative Session:
A7104, S3024

2021-A7848A (ACTIVE) - Summary

Provides a permit for a memorial lands facility.

2021-A7848A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7848--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 22 to read as follows:
                                 TITLE 22
                          MEMORIAL LANDS FACILITY
 SECTION 9-2201. MEMORIAL LANDS FACILITY.
 § 9-2201. MEMORIAL LANDS FACILITY.
   1.  ANY  PERSON WHO OPERATES AN ENTITY ON LAND, OTHER THAN A CEMETERY,
 THAT IS PRIMARILY  USED  FOR  THE  RESPECTFUL  DISPOSITION  OF  CREMATED
 REMAINS  SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT ISSUED BY THE
 DEPARTMENT.
   2. TO RECEIVE A MEMORIAL LANDS FACILITY PERMIT THE OPERATOR OF A MEMO-
 RIAL LANDS FACILITY SHALL FILE WITH THE  DEPARTMENT  AND  ADHERE  TO  AN
 OPERATION  PLAN  FOR  THE MAINTENANCE OF THE LAND AND THE DISPOSITION OF
 CREMATED REMAINS. THE OPERATION PLAN SHALL INCLUDE THE FOLLOWING:
   (A) EVIDENCE OF A CONSERVATION  EASEMENT,  AS  DEFINED  UNDER  SECTION
 49-0303 OF THIS CHAPTER, HELD BY A NOT-FOR-PROFIT CONSERVATION ORGANIZA-
 TION OR PUBLIC BODY;
   (B) A COMMITMENT THAT NO CREMATORY OR COLUMBARIUM SHALL BE CONSTRUCTED
 ON THE MEMORIAL LANDS FACILITY;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11049-05-2

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