S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5535
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to amend the not-for-profit corporation law, in relation to the
   creation, operation, and duties of natural organic  reduction  facili-
   ties as cemetery corporations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (m), (n) and (o) of  section  1502  of  the
 not-for-profit corporation law, paragraph (a) as added by chapter 871 of
 the laws of 1977, paragraphs (m), (n) and (o) as added by chapter 579 of
 the  laws  of  2006,  are amended and two new paragraphs (t) and (u) are
 added to read as follows:
   (a) The term "cemetery corporation" means any corporation formed under
 a general or special law for the disposal or burial  of  deceased  human
 beings,  by cremation, NATURAL ORGANIC REDUCTION or in a grave, mausole-
 um, vault, columbarium or other receptacle but does not include a family
 cemetery corporation or a private cemetery corporation.
   (m) The term "holding facility" or "temporary storage facility"  means
 an  area that (i) is designated for the retention of human remains prior
 to cremation OR NATURAL ORGANIC REDUCTION; (ii) complies with all appli-
 cable public health laws, (iii) preserves the health and safety  of  the
 crematory  OR  NATURAL ORGANIC REDUCTION FACILITY personnel; and (iv) is
 secure from access by anyone other than authorized persons. The interior
 of such facility shall not be visible from any area  accessible  to  the
 general public.
   (n)  The  [term] TERMS "cremation permit" [means] AND "NATURAL ORGANIC
 REDUCTION PERMIT" MEAN the burial and removal permit  required  pursuant
 to section forty-one hundred forty-five of the public health law that is
 annotated  for  disposition  of the remains of a deceased human being by
 cremation OR NATURAL ORGANIC REDUCTION.

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

                                                            LBD02117-01-1

 S. 5535                             2
 
   (o) The [term] TERMS "cremation authorization"  [means]  AND  "NATURAL
 ORGANIC  REDUCTION  AUTHORIZATION" MEAN the crematory OR NATURAL ORGANIC
 REDUCTION form authorizing a  cremation  OR  NATURAL  ORGANIC  REDUCTION
 which  is signed by the next of kin or authorizing agent. This crematory
 OR NATURAL ORGANIC REDUCTION form must be a separate document and cannot
 be a part of another form or document.
   (T) THE TERM "NATURAL ORGANIC REDUCTION" MEANS THE CONTAINED, ACCELER-
 ATED CONVERSION OF HUMAN REMAINS TO SOIL.
   (U)  THE  TERM "NATURAL ORGANIC REDUCTION FACILITY" MEANS A STRUCTURE,
 ROOM, OR OTHER SPACE IN A BUILDING OR REAL PROPERTY WHERE NATURAL ORGAN-
 IC REDUCTION OF A HUMAN BODY OCCURS.
   § 2. Section 1503 of the not-for-profit corporation law, as separately
 amended by chapters 579 and 580 of the laws of 2006, is amended to  read
 as follows:
 § 1503. Application.
   (a)  Except  as  otherwise  provided in paragraph (b) of this section,
 SECTION FIFTEEN HUNDRED FIVE-B, paragraph (c) of section fifteen hundred
 seven, [and] paragraph (m) of section fifteen hundred ten,  AND  SECTION
 FIFTEEN  HUNDRED  EIGHTEEN OF this article does not apply to (1) a reli-
 gious corporation, (2) a municipal corporation, (3)  a  cemetery  corpo-
 ration  owning  a  cemetery  operated, supervised or controlled by or in
 connection with a religious corporation or (4) a cemetery belonging to a
 religious  or  a  municipal  corporation,  or  operated,  supervised  or
 controlled  by  or in connection with a religious corporation unless any
 officer, member or employee of any such corporation shall receive or may
 be lawfully entitled to receive any pecuniary profit from the operations
 thereof, other than reasonable compensation for  services  in  effecting
 one  or  more of the purposes of such corporation or as proper benefici-
 aries of its strictly charitable purposes or unless the organization  of
 any  such  corporation  for  any  of  its  avowed purposes be a guise or
 pretense for directly or indirectly making any  other  pecuniary  profit
 for  such corporation, or for any of its officers, members or employees,
 and unless any such corporation is not,  in  good  faith,  organized  or
 conducted exclusively for one or more of its stated purposes.
   (b)  All  crematories OR NATURAL ORGANIC REDUCTION FACILITIES shall be
 subject to inspection by the division of  cemeteries.  Upon  inspection,
 the  crematory  OR  NATURAL  ORGANIC  REDUCTION FACILITY may be asked to
 produce any and all records for the operation  and  maintenance  of  the
 crematory  OR  NATURAL  ORGANIC  REDUCTION FACILITY.   These records may
 include but not be limited to cremation  OR  NATURAL  ORGANIC  REDUCTION
 authorizations, rules and regulations of the crematory OR NATURAL ORGAN-
 IC  REDUCTION  FACILITY,  procedures  as  set  forth  in section fifteen
 hundred seventeen of this article, and  the  written  procedure  of  the
 identification of remains.
   §  3.  The  not-for-profit  corporation law is amended by adding a new
 section 1505-b to read as follows:
 § 1505-B. ADDITIONAL REQUIREMENTS FOR INCORPORATION OF  NATURAL  ORGANIC
             REDUCTION FACILITIES.
   (A) APPROVAL. A CEMETERY CORPORATION SEEKING THE APPROVAL TO OPERATE A
 NATURAL  ORGANIC  REDUCTION  FACILITY  SHALL  SUBMIT FOR APPROVAL BY THE
 CEMETERY BOARD THE FOLLOWING:
   (1) A LIST OF THE DIRECTORS, EMPLOYEES, AND CERTIFICATE HOLDERS OF THE
 CEMETERY CORPORATION;
   (2) A CERTIFIED SURVEY OF THE SITE AND LOCATION WITHIN THE  COUNTY  IT
 WILL BE SITUATED;

 S. 5535                             3
 
   (3) A BUSINESS PLAN FOR THE OPERATION OF THE NATURAL ORGANIC REDUCTION
 FACILITY  TO  INCLUDE, BUT NOT BE LIMITED TO, NUMBER OF EXPECTED NATURAL
 ORGANIC REDUCTIONS PER YEAR, NUMBER OF NATURAL ORGANIC REDUCTION  UNITS,
 MANUFACTURE,  CAPITAL COSTS, FINANCING, ANTICIPATED NUMBER OF EMPLOYEES,
 TYPES OF SERVICES PROVIDED, PRICING THEREOF;
   (4)  A  DESCRIPTION  OF  THE  IMPACT  OF  THE PROPOSED NATURAL ORGANIC
 REDUCTION FACILITY ON OTHER NATURAL  ORGANIC  REDUCTION  FACILITIES,  IF
 ANY, WITHIN THE COUNTY;
   (5)  PLANS,  DESIGNS,  AND  COSTS  OF  ANY STRUCTURES TO BE ERECTED OR
 RETROFITTED FOR THE NATURAL ORGANIC REDUCTION FACILITY USE; AND
   (6) A DESCRIPTION OF ANY APPROVALS OR PERMITS  REQUIRED  BY  STATE  OR
 LOCAL LAW. NO NATURAL ORGANIC REDUCTION FACILITY SHALL BE APPROVED UNTIL
 SUCH OTHER APPROVALS OR PERMITS HAVE BEEN OBTAINED.
   (B)  FURTHER INFORMATION. WITHIN THIRTY-FIVE DAYS FOLLOWING RECEIPT OF
 THE INFORMATION REQUIRED BY PARAGRAPH (A) OF THIS SECTION, THE  CEMETERY
 BOARD OR THE DIVISION OF CEMETERIES MAY REQUEST FROM THE CEMETERY CORPO-
 RATION ANY ADDITIONAL INFORMATION OR DOCUMENTATION AND TECHNICAL ASSIST-
 ANCE DEEMED NECESSARY TO REVIEW SUCH INFORMATION. SUCH INFORMATION SHALL
 NOT  BE  DEEMED  COMPLETE UNTIL THE REQUESTED ADDITIONAL INFORMATION HAS
 BEEN RECEIVED. IF NO SUCH REQUEST  IS  MADE,  THE  SUBMISSION  SHALL  BE
 DEEMED  COMPLETE  ON THE THIRTY-FIFTH DAY AFTER ITS RECEIPT BY THE DIVI-
 SION OF CEMETERIES.
   (C) DETERMINATION. THE  CEMETERY  BOARD  SHALL  APPROVE  OR  DENY  THE
 PROPOSED  NATURAL  ORGANIC  REDUCTION FACILITY WITHIN NINETY DAYS OF THE
 COMPLETED SUBMISSION.
   (D) NOTIFICATION. THE CEMETERY BOARD SHALL PROVIDE WRITTEN  NOTICE  OF
 ITS  DETERMINATION  TO THE CEMETERY CORPORATION.  IF A NEGATIVE DETERMI-
 NATION IS MADE, SUCH NOTICE SHALL STATE THE REASONS  THEREFOR.    NOTICE
 SHALL  BE MADE BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE CEMETERY
 CORPORATION AT ITS PRINCIPAL OFFICE.
   § 4. Paragraph (c) of section 1508 of the  not-for-profit  corporation
 law,  as  amended by chapter 579 of the laws of 2006, is amended to read
 as follows:
   (c) Cemetery payment for administration. To  defray  the  expenses  of
 examination  and  administration,  each  cemetery  corporation shall not
 later than March fifteenth in each calendar year, pay  to  the  cemetery
 board  the  sum  of three dollars per interment and cremation OR NATURAL
 ORGANIC REDUCTION in excess of fifteen interments [or],  cremations,  OR
 NATURAL  ORGANIC REDUCTIONS for the preceding calendar year. No contrib-
 ution shall be collected upon the interment of the [cremains] REMAINS of
 a deceased person where a contribution was collected upon  cremation  OR
 NATURAL ORGANIC REDUCTION.
   §  5.  Paragraph (c) of section 1510 of the not-for-profit corporation
 law, as amended by chapter 579 of the laws of 2006, is amended  to  read
 as follows:
   (c)  Record  of  burials,  NATURAL ORGANIC REDUCTIONS or cremations. A
 record shall be kept of every burial  in  the  cemetery  of  a  cemetery
 corporation,  showing  the  date  of burial, the name, age, and place of
 birth of the person buried, when these particulars can  be  conveniently
 obtained,  and  the lot, plot, or part thereof, in which such burial was
 made. A copy of such record, duly certified by  the  secretary  of  such
 corporation,  shall  be  furnished  on  demand  and payment of such fees
 therefor as are  allowed  the  county  clerk  for  certified  copies  of
 records.  Notwithstanding any other provision of this section, all ceme-
 tery corporations which conduct cremations OR NATURAL ORGANIC REDUCTIONS
 shall maintain permanent records of  the  name  of  the  deceased  human

 S. 5535                             4
 
 being,  the  funeral  home  from  which  the  remains were received, the
 receipt of delivery of the deceased human remains, the authorizing agent
 for the cremation OR NATURAL ORGANIC REDUCTION, and the manner of dispo-
 sition  of  the  [cremains] REMAINS. Such records may be reviewed by the
 division of cemeteries at any time.
   § 6. The not-for-profit corporation law is amended  by  adding  a  new
 section 1518 to read as follows:
 § 1518. NATURAL ORGANIC REDUCTION FACILITY OPERATIONS.
   CEMETERY CORPORATIONS THAT OPERATE A NATURAL ORGANIC REDUCTION FACILI-
 TY SHALL HAVE THE FOLLOWING DUTIES AND OBLIGATIONS:
   (A)  MAINTENANCE AND PRIVACY. (1) A NATURAL ORGANIC REDUCTION FACILITY
 SHALL BE MAINTAINED IN A  CLEAN,  ORDERLY,  AND  SANITARY  MANNER,  WITH
 ADEQUATE  VENTILATION  AND SHALL HAVE A TEMPORARY STORAGE AREA AVAILABLE
 TO STORE THE REMAINS OF DECEASED HUMAN  BEINGS  PENDING  DISPOSITION  BY
 NATURAL ORGANIC REDUCTION, THE INTERIOR OF WHICH SHALL NOT BE ACCESSIBLE
 TO THE GENERAL PUBLIC.
   (2)  ENTRANCES  AND WINDOWS OF THE FACILITY SHALL BE MAINTAINED AT ALL
 TIMES TO SECURE PRIVACY, INCLUDING (I) DOORS SHALL BE TIGHTLY CLOSED AND
 RIGID; (II) WINDOWS SHALL BE  COVERED;  AND  (III)  ENTRANCES  SHALL  BE
 LOCKED  AND  SECURED  WHEN  NOT ACTIVELY ATTENDED BY AUTHORIZED FACILITY
 PERSONNEL.
   (B)  NATURAL  ORGANIC  REDUCTION  PROCESS.  (1)  THE  NATURAL  ORGANIC
 REDUCTION  PROCESS  SHALL  BE  CONDUCTED  IN  PRIVACY.  NO PERSON EXCEPT
 AUTHORIZED PERSONS SHALL BE ADMITTED INTO THE  REDUCTION  AREA,  HOLDING
 FACILITY,  OR  THE  TEMPORARY  STORAGE  FACILITY  WHILE  THE  REMAINS OF
 DECEASED HUMAN BEINGS ARE BEING NATURALLY ORGANICALLY  REDUCED.  AUTHOR-
 IZED PERSONS, ON ADMITTANCE, SHALL COMPLY WITH ALL RULES OF THE CEMETERY
 CORPORATION AND NOT INFRINGE UPON THE PRIVACY OF THE REMAINS OF DECEASED
 HUMAN BEINGS.
   (2)  THE  FOLLOWING  ARE  AUTHORIZED PERSONS: (I) LICENSED, REGISTERED
 FUNERAL DIRECTORS, REGISTERED RESIDENTS, AND ENROLLED STUDENTS OF MORTU-
 ARY SCIENCE; (II) OFFICERS AND TRUSTEES  OF  THE  CEMETERY  CORPORATION;
 (III)  AUTHORIZED  EMPLOYEES  OR THEIR AUTHORIZED AGENTS OF THE CEMETERY
 CORPORATION; (IV) PUBLIC OFFICERS  ACTING  IN  THE  DISCHARGE  OF  THEIR
 DUTIES;  (V)  AUTHORIZED  INSTRUCTORS OF FUNERAL DIRECTING SCHOOLS; (VI)
 LICENSED PHYSICIANS OR NURSES; AND (VII) MEMBERS OF THE IMMEDIATE FAMILY
 OF THE DECEASED AND THEIR AUTHORIZED  AGENTS  AND  DESIGNATED  REPRESEN-
 TATIVES.
   (C)  IDENTIFICATION  OF  DECEASED HUMAN BEINGS. (1) NO NATURAL ORGANIC
 REDUCTION FACILITY SHALL NATURALLY ORGANICALLY REDUCE THE REMAINS OF ANY
 DECEASED HUMAN BEING WITHOUT THE ACCOMPANYING NATURAL ORGANIC  REDUCTION
 PERMIT, REQUIRED PURSUANT TO SECTION FORTY-ONE HUNDRED FORTY-FIVE OF THE
 PUBLIC  HEALTH LAW WHICH PERMIT SHALL CONSTITUTE PRESUMPTIVE EVIDENCE OF
 THE IDENTITY OF THE SAID  REMAINS.  IN  ADDITION,  ALL  NATURAL  ORGANIC
 REDUCTION  FACILITIES SITUATED OUTSIDE THE CITY OF NEW YORK, MUST COMPLY
 WITH PARAGRAPH (B) OF  SUBDIVISION  TWO  OF  SECTION  FORTY-ONE  HUNDRED
 FORTY-FIVE  OF  THE  PUBLIC HEALTH LAW PERTAINING TO THE RECEIPT FOR THE
 DECEASED HUMAN BEING. FROM THE TIME OF  SUCH  DELIVERY  TO  THE  NATURAL
 ORGANIC REDUCTION FACILITY, UNTIL THE TIME THE NATURAL ORGANIC REDUCTION
 FACILITY  DISTRIBUTES  THE  REMAINS  AS  DIRECTED, THE FACILITY SHALL BE
 RESPONSIBLE FOR THE REMAINS OF THE  DECEASED  HUMAN  BEING.  FURTHER,  A
 NATURAL  ORGANIC REDUCTION AUTHORIZATION FORM SHALL ACCOMPANY THE PERMIT
 REQUIRED IN SECTION FORTY-ONE HUNDRED FORTY-FIVE OF  THE  PUBLIC  HEALTH
 LAW. THIS FORM, PROVIDED OR APPROVED BY THE FACILITY, SHALL BE SIGNED BY
 THE NEXT OF KIN OR AUTHORIZING AGENT ATTESTING TO THE PERMISSION FOR THE
 NATURAL ORGANIC REDUCTION OF THE DECEASED, AND DISCLOSING TO THE NATURAL

 S. 5535                             5
 
 ORGANIC  REDUCTION  FACILITY  THAT SUCH BODY DOES NOT CONTAIN A BATTERY,
 BATTERY PACK, POWER CELL, RADIOACTIVE IMPLANT, OR RADIOACTIVE DEVICE, IF
 ANY, AND THAT THESE MATERIALS WERE REMOVED PRIOR TO THE NATURAL  ORGANIC
 REDUCTION PROCESS.
   (2) UPON GOOD CAUSE BEING SHOWN REBUTTING THE PRESUMPTION OF THE IDEN-
 TITY  OF  SUCH REMAINS, THE NATURAL ORGANIC REDUCTION SHALL NOT COMMENCE
 UNTIL REASONABLE CONFIRMATION OF THE  IDENTITY  OF  THE  DECEASED  HUMAN
 BEING  IS  MADE. THIS PROOF MAY BE IN THE FORM OF, BUT NOT LIMITED TO, A
 SIGNED AFFIDAVIT FROM A LICENSED PHYSICIAN, A MEMBER OF  THE  FAMILY  OF
 THE  DECEASED  HUMAN  BEING, THE AUTHORIZING AGENT OR A COURT ORDER FROM
 THE STATE SUPREME COURT WITHIN THE COUNTY OF THE  CEMETERY  CORPORATION.
 SUCH PROOF SHALL BE PROVIDED BY THE AUTHORIZING AGENT.
   (3)  THE  FACILITY  SHALL HAVE A WRITTEN PLAN TO ASSURE THAT THE IDEN-
 TIFICATION ESTABLISHED BY THE NATURAL ORGANIC REDUCTION PERMIT  ACCOMPA-
 NIES THE REMAINS OF THE DECEASED HUMAN BEING THROUGH THE NATURAL ORGANIC
 REDUCTION  PROCESS  AND UNTIL THE IDENTITY OF THE DECEASED IS ACCURATELY
 AND LEGIBLY INSCRIBED ON THE CONTAINER IN WHICH THE REMAINS  ARE  TEMPO-
 RARILY PLACED.
   (D)  OPENING  OF A CONTAINER HOLDING THE REMAINS OF THE DECEASED HUMAN
 BEING. (1) THE REMAINS OF A DECEASED HUMAN BEING SHALL BE  DELIVERED  TO
 THE NATURAL ORGANIC REDUCTION FACILITY IN AN ALTERNATIVE CONTAINER OR IN
 EXTERNAL  WRAPPINGS  SUFFICIENT TO CONTAIN THE REMAINS AND ALSO DESIGNED
 TO FULLY DECOMPOSE IN THE NATURAL REDUCTION PROCESS.   SUCH  ALTERNATIVE
 CONTAINER  OR  EXTERNAL  WRAPPINGS  HOLDING  THE REMAINS OF THE DECEASED
 HUMAN BEING SHALL NOT BE OPENED AFTER DELIVERY TO  THE  NATURAL  ORGANIC
 REDUCTION FACILITY UNLESS THERE EXISTS GOOD CAUSE TO CONFIRM THE IDENTI-
 TY  OF  THE  DECEASED,  OR  TO ASSURE THAT NO MATERIAL IS ENCLOSED WHICH
 MIGHT CAUSE INJURY TO EMPLOYEES OR DAMAGE TO NATURAL  ORGANIC  REDUCTION
 FACILITY PROPERTY, OR UPON REASONABLE DEMAND BY MEMBERS OF THE IMMEDIATE
 FAMILY OR THE AUTHORIZED AGENT.
   (2)  IN SUCH INSTANCES IN WHICH ALTERNATIVE CONTAINER OR WRAPPINGS ARE
 OPENED AFTER DELIVERY TO THE NATURAL ORGANIC  REDUCTION  FACILITY,  SUCH
 ACTION  SHALL  ONLY  BE  CONDUCTED  BY  THE LICENSED FUNERAL DIRECTOR OR
 REGISTERED RESIDENT DELIVERING THE REMAINS OF THE DECEASED  HUMAN  BEING
 AND  A  RECORD  SHALL  BE  MADE, WHICH SHALL INCLUDE THE REASON FOR SUCH
 ACTION, THE SIGNATURE OF THE PERSON AUTHORIZING THE OPENING THEREOF, AND
 THE NAMES OF THE PERSON OPENING  THE  CONTAINER  OR  WRAPPINGS  AND  THE
 WITNESS  THERETO,  WHICH  SHALL BE RETAINED IN THE PERMANENT FILE OF THE
 NATURAL ORGANIC REDUCTION FACILITY. THE  OPENING  OF  THE  CONTAINER  OR
 WRAPPING  SHALL  BE  CONDUCTED  IN THE PRESENCE OF THE WITNESS AND SHALL
 COMPLY WITH ALL RULES AND REGULATIONS INTENDED TO PROTECT THE HEALTH AND
 SAFETY OF NATURAL ORGANIC REDUCTION FACILITY PERSONNEL.
   (E) CEREMONIAL CASKET NATURAL ORGANIC REDUCTION DISCLOSURE.  IN  THOSE
 INSTANCES IN WHICH THE REMAINS OF DECEASED HUMAN BEINGS ARE TO BE DELIV-
 ERED  TO A NATURAL ORGANIC REDUCTION FACILITY IN A CASKET THAT IS NOT TO
 BE NATURALLY ORGANICALLY REDUCED WITH THE  DECEASED,  TIMELY  DISCLOSURE
 THEREOF  MUST  BE  MADE BY THE PERSON MAKING THE FUNERAL ARRANGEMENTS TO
 THE NATURAL ORGANIC REDUCTION FACILITY THAT  PRIOR  TO  NATURAL  ORGANIC
 REDUCTION  THE  REMAINS OF THE DECEASED HUMAN BEING SHALL BE TRANSFERRED
 TO AN ALTERNATIVE CONTAINER. SUCH SIGNED ACKNOWLEDGEMENT OF THE  AUTHOR-
 IZING  PERSON,  THAT  THE  TIMELY  DISCLOSURE  HAS  BEEN  MADE, SHALL BE
 RETAINED BY THE NATURAL ORGANIC  REDUCTION  FACILITY  IN  ITS  PERMANENT
 RECORDS.
   (F)  TRANSFERRING  REMAINS.  (1) THE REMAINS OF A DECEASED HUMAN BEING
 SHALL NOT BE REMOVED FROM THE CASKET, ALTERNATIVE CONTAINER, OR EXTERNAL
 WRAPPINGS IN WHICH IT IS DELIVERED  TO  THE  NATURAL  ORGANIC  REDUCTION

 S. 5535                             6
 
 FACILITY UNLESS EXPLICIT, SIGNED AUTHORIZATION IS PROVIDED BY THE PERSON
 MAKING  FUNERAL  ARRANGEMENTS  OR BY A PUBLIC OFFICER DISCHARGING HIS OR
 HER STATUTORY DUTY, WHICH SIGNED AUTHORIZATION SHALL BE RETAINED BY  THE
 NATURAL ORGANIC REDUCTION FACILITY IN ITS PERMANENT RECORDS.
   (2)  WHEN  THE REMAINS OF A DECEASED HUMAN BEING ARE TO BE TRANSFERRED
 TO AN ALTERNATIVE CONTAINER, THE TRANSFER SHALL BE CONDUCTED IN  PRIVACY
 WITH  DIGNITY AND RESPECT AND BY THE LICENSED FUNERAL DIRECTOR OR REGIS-
 TERED RESIDENT WHO DELIVERED THOSE REMAINS. THE  TRANSFERRING  OPERATION
 SHALL  COMPLY  WITH  ALL  RULES  AND REGULATIONS INTENDED TO PROTECT THE
 HEALTH AND SAFETY OF FACILITY PERSONNEL.
   (G) COMMINGLING  HUMAN  REMAINS.  THE  NATURAL  ORGANIC  REDUCTION  OF
 REMAINS  OF  MORE THAN ONE DECEASED HUMAN BEING IN A REDUCTION CONTAINER
 AT ANY ONE TIME IS UNLAWFUL, EXCEPT UPON THE EXPLICIT,  SIGNED  AUTHORI-
 ZATION  PROVIDED  BY  THE  PERSONS  MAKING  FUNERAL ARRANGEMENTS AND THE
 SIGNED APPROVAL OF THE NATURAL ORGANIC REDUCTION FACILITY,  WHICH  SHALL
 BE  RETAINED  BY THE NATURAL ORGANIC REDUCTION FACILITY IN ITS PERMANENT
 RECORDS.
   (H) PROCESSING OF REMAINS. (1) UPON  THE  COMPLETION  OF  THE  NATURAL
 ORGANIC REDUCTION OF THE REMAINS OF A DECEASED HUMAN BEING, THE INTERIOR
 OF  THE NATURAL ORGANIC REDUCTION CONTAINER SHALL BE THOROUGHLY SWEPT OR
 OTHERWISE CLEANED SO AS TO RENDER THE NATURAL ORGANIC REDUCTION CONTAIN-
 ER REASONABLY FREE OF ALL MATTER. THE CONTENTS THEREOF SHALL  BE  PLACED
 INTO  AN INDIVIDUAL CONTAINER AND NOT COMMINGLED WITH OTHER REMAINS. THE
 NATURAL ORGANIC REDUCTION PERMIT SHALL BE  ATTACHED  TO  THE  INDIVIDUAL
 CONTAINER PREPARATORY TO FINAL PROCESSING.
   (2) A MAGNET AND SIEVE, OR OTHER APPROPRIATE METHOD OF SEPARATION, MAY
 BE  USED TO DIVIDE THE REMAINS FROM UNRECOGNIZABLE INCIDENTAL OR FOREIGN
 MATERIAL.
   (3) THE  INCIDENTAL  AND  FOREIGN  MATERIAL  OF  THE  NATURAL  ORGANIC
 REDUCTION  PROCESS  SHALL  BE DISPOSED OF IN A SAFE MANNER IN COMPLIANCE
 WITH ALL SANITARY RULES AND REGULATIONS AS BYPRODUCTS.
   (4) THE REMAINS SHALL BE PULVERIZED UNTIL NO SINGLE FRAGMENT IS RECOG-
 NIZABLE AS SKELETAL TISSUE.
   (5) THE PULVERIZED REMAINS SHALL BE TRANSFERRED TO A CONTAINER  OR  TO
 MULTIPLE CONTAINERS, IF SO REQUESTED IN WRITING BY THE PERSON MAKING THE
 FUNERAL  ARRANGEMENTS FOR THE NATURAL ORGANIC REDUCTION.  SUCH CONTAINER
 OR CONTAINERS SHALL HAVE INSIDE DIMENSIONS OF SUITABLE SIZE  TO  CONTAIN
 THE REMAINS OF THE PERSON WHO WAS NATURALLY ORGANICALLY REDUCED.
   (6)  THE  PRESCRIBED  CONTAINER  OR CONTAINERS SHALL BE ACCURATELY AND
 LEGIBLY LABELED WITH THE IDENTIFICATION OF THE HUMAN BEING WHOSE REMAINS
 ARE CONTAINED THEREIN, IN A MANNER ACCEPTABLE TO THE DIVISION  OF  CEME-
 TERIES.
   (I) DISPOSITION OF REMAINS. THE AUTHORIZING AGENT SHALL BE RESPONSIBLE
 FOR THE FINAL DISPOSITION OF THE REMAINS. DISPOSITION OF REMAINS RESULT-
 ING  FROM THE NATURAL ORGANIC REDUCTION PROCESS ARE NOT RECOVERABLE ONCE
 SCATTERED OR INTERRED.  REMAINS SHALL BE DISPOSED OF BY SCATTERING  THEM
 IN  A  DESIGNATED  SCATTERING  GARDEN OR AREA IN A CEMETERY, OR BY PRIOR
 AUTHORIZATION BY THE CEMETERY CORPORATION, BY PLACING THEM IN  A  GRAVE,
 CRYPT,  OR NICHE, OR RETRIEVAL OF THE REMAINS PURSUANT TO PRIOR AUTHORI-
 ZATION BY THE AUTHORIZING AGENT OR A PERSON SPECIFICALLY  DESIGNATED  BY
 THE AUTHORIZING AGENT.  UPON COMPLETION OF THE NATURAL ORGANIC REDUCTION
 PROCESS, THE CEMETERY CORPORATION SHALL NOTIFY THE AUTHORIZING AGENT AND
 FUNERAL FIRM MAKING SUCH ARRANGEMENTS THAT THE NATURAL ORGANIC REDUCTION
 PROCESS  HAS  BEEN  COMPLETED  AND  THAT  THE REMAINS ARE PREPARED TO BE
 DISPOSED OF IN ACCORDANCE WITH THIS PARAGRAPH.   AFTER DISPOSITION,  THE
 CEMETERY  CORPORATION  SHALL  BE DISCHARGED FROM ANY LEGAL OBLIGATION OR

 S. 5535                             7

 LIABILITY CONCERNING THE REMAINS. IF, AFTER  A  PERIOD  OF  ONE  HUNDRED
 TWENTY  DAYS FROM THE DATE OF THE NATURAL ORGANIC REDUCTION, THE AUTHOR-
 IZING AGENT HAS NOT INSTRUCTED THE CEMETERY CORPORATION TO  ARRANGE  FOR
 THE  FINAL  DISPOSITION OF THE REMAINS OR CLAIMED THE REMAINS, THE CEME-
 TERY CORPORATION MAY DISPOSE OF THE REMAINS IN ANY MANNER  PERMITTED  BY
 THIS  SECTION. THE CEMETERY CORPORATION, HOWEVER, SHALL KEEP A PERMANENT
 RECORD IDENTIFYING THE SITE OF FINAL DISPOSITION. THE AUTHORIZING  AGENT
 SHALL  BE  RESPONSIBLE  FOR REIMBURSING THE CEMETERY CORPORATION FOR ALL
 REASONABLE EXPENSES INCURRED IN DISPOSING OF THE REMAINS. UPON DISPOSING
 OF THE REMAINS, THE CEMETERY CORPORATION SHALL BE  DISCHARGED  FROM  ANY
 LEGAL  OBLIGATION  OR LIABILITY CONCERNING THE REMAINS.  EXCEPT WITH THE
 EXPRESS WRITTEN PERMISSION OF THE AUTHORIZING  AGENT,  NO  PERSON  SHALL
 PLACE REMAINS OF MORE THAN ONE PERSON IN THE SAME TEMPORARY CONTAINER OR
 URN.
   (J)  NATURAL  ORGANIC  REDUCTION FACILITY OPERATION CERTIFICATION. ANY
 EMPLOYEE OF A NATURAL ORGANIC REDUCTION WHOSE FUNCTION IS TO CONDUCT THE
 DAILY OPERATIONS OF THE CREMATION OR NATURAL ORGANIC  REDUCTION  PROCESS
 SHALL  BE CERTIFIED BY AN ORGANIZATION APPROVED BY THE DIVISION OF CEME-
 TERIES. PROOF OF SUCH CERTIFICATION  SHALL  BE  POSTED  IN  THE  NATURAL
 ORGANIC REDUCTION FACILITY AND AVAILABLE FOR INSPECTION AT ANY TIME. ANY
 NEW  EMPLOYEES  OF  A  NATURAL ORGANIC REDUCTION FACILITY REQUIRED TO BE
 CERTIFIED UNDER THIS SECTION SHALL BE CERTIFIED WITHIN ONE YEAR OF THEIR
 EMPLOYMENT. ANY  EMPLOYEES  OF  A  NATURAL  ORGANIC  REDUCTION  FACILITY
 REQUIRED  TO  BE  CERTIFIED UNDER THIS SECTION AND RETAINED PRIOR TO THE
 EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE CERTIFIED WITHIN ONE  YEAR  OF
 SUCH  EFFECTIVE  DATE.  RENEWAL OF SUCH CERTIFICATION SHALL BE COMPLETED
 EVERY FIVE YEARS FROM THE DATE OF CERTIFICATION.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.