S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7387
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2023
                                ___________
 
 Introduced by M. of A. CONRAD -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend chapter 560 of the laws of 1998 amending the not-for-
   profit corporation law and other laws,  relating  to  combinations  of
   cemetery  corporations and funeral entities, and the sale of monuments
   and memorials, in relation to the application  of  provisions  of  the
   not-for-profit  corporation law and other laws to certain crematoriums
   located in the town of Tonawanda; and to repeal certain provisions  of
   such chapter relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature finds and declares that the public  health,
 safety  and  welfare  of  the  residents of the state of New York in and
 around the town of Tonawanda is a matter of substantial  state  concern.
 The  legislature  also  finds  and  declares  that the state has a vital
 interest in the oversight of places of final disposition as well as  the
 protection  of  its citizens directly affected by such places. The resi-
 dents of the state in the town  of  Tonawanda  have  been  subjected  to
 heightened levels of air pollution due to aging and failing equipment at
 certain  crematoriums.  A crematorium located close to residential areas
 with a consistently poor record of complying with clean air laws, creat-
 ing a hazardous environment for the  citizens  of  the  state  is  to  a
 substantial  degree a matter of state concern. Therefore, the provisions
 hereinafter prescribed are enacted and their  necessity  in  the  public
 interest is hereby declared as a matter of legislative determination.
   §  2.  Subdivision  1 of section 14 of chapter 560 of the laws of 1998
 amending the not-for-profit corporation law and other laws, relating  to
 combinations of cemetery corporations and funeral entities, and the sale
 of  monuments  and  memorials,  as amended by chapter 513 of the laws of
 2021, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00792-02-3
 A. 7387                             2
              

 
   [1. The] PROVIDED THAT IT IS NOT A CREMATORY OR  CREMATORIUM  OPERATED
 BY  A FUNERAL ENTITY IN THE TOWN OF TONAWANDA THAT HAS BEEN SUBJECT TO A
 CONSENT ORDER ISSUED BY THE DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,
 THE  provisions  of  this  act  shall  not apply to the operation of any
 crematory  or  crematorium,  or  act of cremation performed by a funeral
 entity after the effective date of this act, if the funeral entity:
   a. operated such crematory or  crematorium,  or  performed  cremations
 prior to January 1, 1998; or
   b. filed an application with the cemetery board for the operation of a
 crematory or crematorium prior to January 1, 1998.
   §  3.  Subdivision  2 of section 14 of chapter 560 of the laws of 1998
 amending the not-for-profit corporation law and other laws, relating  to
 combinations of cemetery corporations and funeral entities, and the sale
 of monuments and memorials, is REPEALED.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.