NY State Senate Bill 2021-S6842A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	referred to corporations, authorities and commissions delivered to assembly passed senate ordered to third reading cal.1764 committee discharged and committed to rules
May 20, 2022	print number 6842a
May 20, 2022	amend and recommit to environmental conservation
Jan 05, 2022	referred to environmental conservation
May 19, 2021	referred to environmental conservation

Votes

- Jun 1, 2022 - Floor Vote
  S6842A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 1, 2022 - Rules Committee Vote
  S6842A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S6842 - Details

See Assembly Version of this Bill:: A7848
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:: S3024, A7104

2021-S6842 - Summary

Provides a permit for a memorial lands facility.

2021-S6842 - Sponsor Memo

                                
 
BILL NUMBER: S6842

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
providing a permit for a memorial lands facility

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would authorize an innovative approach to land conser-
vation that provides environmental, social, and economic benefits to
communities in New York. This unique model of land conservation is
financially sustainable and contributes to the protection of the envi-
ronment while providing an affordable end of life option to communities
who need an economic alternative.

 
SUMMARY OF PROVISIONS:

Section 1 Article 9 of Environmental Conservation law is amended by
adding a new Title 22 to provide for the operation of a memorial lands

facility.

 
JUSTIFICATION:

Today, New York law allows families to spread ashes on private property,
and this legislation clarifies that these ashes may be spread on land
that is permanently protected via environmental conservation law. Nearly
every state in America allows ashes to be spread on private land, and
conservation areas for ashes are operating today in six states: Connec-
ticut, Massachusetts, Minnesota, Illinois, Arizona, and California.

Forests provide a unique space for families to spread cremated remains,
and are critical to the health and well-being of New Yorkers and the
world. Deforestation accounts for 12 to 20% of global greenhouse gas
missions that contribute to climate change, and, more specifically,
development of the wildland-urban interface is increasing across Ameri-
ca.

Forests store more than 1 trillion tons of carbon, and more carbon
sequestration in forests can help combat climate change. New York
forests also provide space for residents to preserve their health and
wellness, and they also provide good-paying jobs in forest maintenance
and preservation.

Families who choose this option contribute to the preservation of a
forest, and create a financially sustainable model for land preservation
that exists in multiple U.S. states, but not the State of New York.

The global pandemic has caused tragic loss of life, and has highlighted
the significant expense of conventional end of life options, often caus-
ing hardship for many middle and low-income communities. The burden of
loss and financial hardship may be especially heavy for those communi-
ties which provide our essential service workers. According to one
study, nearly 80% of Baby Boomers anticipate choosing cremation, yet
most lack a dedicated place for spreading those ashes and returning to
remember loved ones. Spreading ashes in a forest provides an affordable
option to families who are grieving, and a much-needed place for a
generation of New Yorkers that is choosing cremation.
 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act take effect immediately.

2021-S6842 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6842
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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:
 
   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.

                                                            LBD11049-03-1

 S. 6842                             2
 
   3. A BUSINESS HOLDING A MEMORIAL LANDS  FACILITY  PERMIT  IS  "PRIVATE
 PROPERTY"  FOR  PURPOSES  OF  PARAGRAPH  (I)  OF SECTION FIFTEEN HUNDRED
 SEVENTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW AND SHALL NOT BE SUBJECT
 TO REGULATIONS PURSUANT TO ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT  CORPO-
 RATION LAW.
   4.  AS  A  CONDITION  OF  APPROVAL FOR SUCH PERMIT, THE OPERATOR SHALL
 PROVIDE CERTIFICATION TO THE DEPARTMENT  THAT  SUCH  ACTIVITIES  CONFORM
 WITH EXISTING LOCAL ZONING LAWS AND ORDINANCES.
   5.  THE  DEPARTMENT  IS  AUTHORIZED  TO PROMULGATE ANY RULES AND REGU-
 LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER  THE  PROVISIONS
 OF THIS TITLE.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S6842A (ACTIVE) - Details

See Assembly Version of this Bill:: A7848
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:: S3024, A7104

2021-S6842A (ACTIVE) - Summary

Provides a permit for a memorial lands facility.

2021-S6842A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6842A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
providing a permit for a memorial lands facility

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would authorize an innovative approach to land conser-
vation that provides environmental, social, and economic benefits to
communities in New York. This unique model of land conservation is
financially sustainable and contributes to the protection of the envi-
ronment while providing an affordable end of life option to communities
who need an economic alternative.

 
SUMMARY OF PROVISIONS:

Section 1 Article 9 of Environmental Conservation law is amended by
adding a new Title 22 to provide for the operation of a memorial lands
facility.

 
JUSTIFICATION:

Today, New York law allows families to spread ashes on private property,
and this legislation clarifies that these ashes may be spread on land
that is permanently protected via environmental conservation law. Nearly
every state in America allows ashes to be spread on private land, and
conservation areas for ashes are operating today in six states: Connec-
ticut, Massachusetts, Minnesota, Illinois, Arizona, and California.

Forests provide a unique space for families to spread cremated remains,
and are critical to the health and well-being of New Yorkers and the
world. Deforestation accounts for 12 to 20 of global greenhouse gas
missions that contribute to climate change, and, more specifically,
development of the wildland-urban interface is increasing across Ameri-
ca.

Forests store more than 1 trillion tons of carbon, and more carbon
sequestration in forests can help combat climate change. New York
forests also provide space for residents to preserve their health and
wellness, and they also provide good-paying jobs in forest maintenance
and preservation.

Families who choose this option contribute to the preservation of a
forest, and create a financially sustainable model for land preservation
that exists in multiple U.S. states, but not the State of New York.

The global pandemic has caused tragic loss of life, and has highlighted
the significant expense of conventional end of life options, often caus-
ing hardship for many middle and low-income communities. The burden of
loss and financial hardship may be especially heavy for those communi-
ties which provide our essential service workers. According to one
study, nearly 801 of Baby Boomers anticipate choosing cremation, yet
most lack a dedicated place for spreading those ashes and returning to
remember loved ones. Spreading ashes in a forest provides an affordable
option to families who are grieving, and a much-needed place for a
generation of New Yorkers that is choosing cremation.
 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act take effect immediately.

2021-S6842A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6842--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by Sens. COMRIE, BROOKS, HARCKHAM, KAPLAN, KENNEDY, KRUEGER,
   MATTERA, MYRIE -- read twice and ordered printed, and when printed  to
   be  committed to the Committee on Environmental Conservation -- recom-
   mitted to the Committee on Environmental  Conservation  in  accordance
   with  Senate  Rule  6,  sec.  8 -- 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;
   (C)  A  COPY  OF THE FORM CONTRACT BETWEEN THE MEMORIAL LANDS FACILITY
 AND THE CONSUMER THAT PERMITS THE DISPOSITION OF CREMATED REMAINS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11049-04-2

 S. 6842--A                          2
 
   (D) THE RULES AND REGULATIONS FOR THE MEMORIAL  LANDS  FACILITY  WHICH
 GOVERNS AND SHALL INCLUDE BUT NOT BE LIMITED TO, ACCESS TO THE LAND.
   3.  AN ENTITY HOLDING A MEMORIAL LANDS FACILITY PERMIT IS OPERATING ON
 "PRIVATE PROPERTY" FOR PURPOSES OF  PARAGRAPH  (I)  OF  SECTION  FIFTEEN
 HUNDRED  SEVENTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW AND NEITHER THE
 LAND NOR THE ENTITY SHALL BE SUBJECT TO REGULATIONS PURSUANT TO  ARTICLE
 FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
   4.  AS  A  CONDITION  OF  APPROVAL FOR SUCH PERMIT, THE OPERATOR SHALL
 PROVIDE CERTIFICATION TO THE DEPARTMENT  THAT  SUCH  ACTIVITIES  CONFORM
 WITH EXISTING LOCAL ZONING LAWS AND ORDINANCES.
   5.  THE  DEPARTMENT  IS  AUTHORIZED  TO PROMULGATE ANY RULES AND REGU-
 LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER  THE  PROVISIONS
 OF THIS TITLE.
   § 2. This act shall take effect immediately.

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Senate Bill S6842A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 1, 2022 - Floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules Committee Vote

Rules Committee Vote: Jun 1, 2022

Bill Amendments

co-Sponsors

2021-S6842 - Details

2021-S6842 - Summary

2021-S6842 - Sponsor Memo

2021-S6842 - Bill Text download pdf

co-Sponsors

2021-S6842A (ACTIVE) - Details

2021-S6842A (ACTIVE) - Summary

2021-S6842A (ACTIVE) - Sponsor Memo

2021-S6842A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6842A

Share this bill

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2021-S6842 - Details

2021-S6842 - Summary

2021-S6842 - Sponsor Memo

2021-S6842 - Bill Text download pdf

co-Sponsors

2021-S6842A (ACTIVE) - Details

2021-S6842A (ACTIVE) - Summary

2021-S6842A (ACTIVE) - Sponsor Memo

2021-S6842A (ACTIVE) - Bill Text download pdf

Comments