S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7104--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, RIVERA, FALL,
   BURDICK, FAHY, LUPARDO, SEAWRIGHT, TAYLOR, SIMON,  JACOBSON,  JACKSON,
   HEVESI,  COOK  --  read  once  and referred to the Committee on Corpo-
   rations, Authorities and Commissions  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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 AND APPROVED BY THE CEMETERY BOARD IN THE DIVISION  OF  CEME-
 TERIES IN THE DEPARTMENT OF STATE.
   2. TO RECEIVE A MEMORIAL LANDS FACILITY PERMIT THE OPERATOR OF A MEMO-
 RIAL  LANDS FACILITY SHALL BE A NOT-FOR-PROFIT CORPORATION, INCORPORATED
 IN THE STATE, THAT SHALL FILE WITH THE DEPARTMENT AND ADHERE TO AN OPER-
 ATION 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.
                                                            LBD04711-03-3
              

 A. 7104--A                          2
 
   (C) A COPY OF THE FORM CONTRACT BETWEEN THE  MEMORIAL  LANDS  FACILITY
 AND THE CONSUMER THAT PERMITS THE DISPOSITION OF CREMATED REMAINS; AND
   (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 SHALL BE SUBJECT
 TO ANY  REGULATIONS  PERTAINING  TO  DISPOSAL  OF  CREMATED  REMAINS  OR
 DISPOSAL  THEREOF  IN  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7104--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, RIVERA, FALL,
   BURDICK, FAHY, LUPARDO, SEAWRIGHT, TAYLOR, SIMON,  JACOBSON,  JACKSON,
   HEVESI,  COOK  --  read  once  and referred to the Committee on Corpo-
   rations, Authorities and Commissions  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Corporations,  Authorities  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   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:
 
   Section 1. The not-for-profit corporation law is amended by  adding  a
 new section 1506-f to read as follows:
 § 1506-F. MEMORIAL LANDS FACILITY.
   (A)  ANY PERSON WHO OPERATES AN ENTITY ON LAND, THAT IS PRIMARILY USED
 ONLY FOR THE RESPECTFUL DISPOSITION OF  CREMATED  AND  NATURALLY  ORGAN-
 ICALLY REDUCED REMAINS SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT
 ISSUED AND APPROVED BY THE CEMETERY BOARD.
   (B)  TO  RECEIVE  A  MEMORIAL  LANDS FACILITY PERMIT THE OPERATOR OF A
 MEMORIAL LANDS FACILITY SHALL BE A NOT-FOR-PROFIT CORPORATION SUBJECT TO
 THE REGULATORY OVERSIGHT OF THE  CEMETERY  BOARD,  INCORPORATED  IN  THE
 STATE,  THAT  SHALL  FILE WITH THE DEPARTMENT AND ADHERE TO AN OPERATION
 PLAN FOR THE MAINTENANCE OF THE LAND AND THE DISPOSITION OF CREMATED AND
 NATURALLY ORGANICALLY REDUCED REMAINS. THE OPERATION PLAN SHALL  INCLUDE
 THE FOLLOWING:
   (1)  EVIDENCE  OF  A PERPETUAL CONSERVATION EASEMENT, AS DEFINED UNDER
 SECTION 49-0303 THE ENVIRONMENTAL CONSERVATION LAW, HELD BY  A  NOT-FOR-
 PROFIT  CONSERVATION  ORGANIZATION  OR PUBLIC BODY OR EVIDENCE THAT SUCH
 LANDS ARE CEMETERY LANDS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04711-05-4
              

 A. 7104--B                          2
 
   (2) A COMMITMENT THAT NO CREMATORY OR COLUMBARIUM SHALL BE CONSTRUCTED
 ON THE MEMORIAL LANDS FACILITY;
   (3)  ANY  PLANS  FOR  A PROPOSED OR EXISTING NATURAL ORGANIC REDUCTION
 FACILITY;
   (4) A COPY OF THE FORM CONTRACT BETWEEN THE  MEMORIAL  LANDS  FACILITY
 AND  THE CONSUMER THAT PERMITS THE DISPOSITION OF CREMATED AND NATURALLY
 ORGANICALLY REDUCED REMAINS; AND
   (5) THE RULES AND REGULATIONS FOR THE MEMORIAL  LANDS  FACILITY  WHICH
 GOVERNS AND SHALL INCLUDE BUT NOT BE LIMITED TO, ACCESS TO THE LAND.
   (C)  AN  ENTITY  HOLDING  A  MEMORIAL  LANDS  FACILITY PERMIT SHALL BE
 SUBJECT TO  ANY  REGULATIONS  PERTAINING  TO  DISPOSAL  OF  CREMATED  OR
 NATURALLY  ORGANICALLY REDUCED REMAINS OR DISPOSAL THEREOF IN THIS ARTI-
 CLE.
   (D) AS A CONDITION OF APPROVAL FOR SUCH  PERMIT,  THE  OPERATOR  SHALL
 PROVIDE CERTIFICATION TO THE CEMETERY BOARD THAT SUCH ACTIVITIES CONFORM
 WITH EXISTING LOCAL ZONING LAWS AND ORDINANCES.
   (E) THE CEMETERY BOARD IS AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
 LATIONS  AS  MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER THE PROVISIONS
 OF THIS SECTION.
   § 2. This act shall take effect immediately.