S. 1333 2
ing the not-for-profit corporation law relating to the creation, opera-
tion, and duties of natural organic reduction facilities as cemetery
corporations, as proposed in legislative bills numbers S. 5535 and A.
382, is amended to read as follows:
(4) a description of the impact of the proposed natural organic
reduction facility on other natural organic reduction facilities, if
any, within the county OR IMPACT ON THE SURROUNDING COMMUNITY;
§ 3. Subparagraph 3 of paragraph (c) and paragraphs (e), (f), (i) and
(j) of section 1518 of the not-for-profit corporation law, as added by a
chapter of the laws of 2022 amending the not-for-profit corporation law
relating to the creation, operation, and duties of natural organic
reduction facilities as cemetery corporations, as proposed in legisla-
tive bills numbers S. 5535 and A. 382, are amended and a new paragraph
(k) is added to read as follows:
(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.
(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 OR OTHER
CONTAINER 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] A container OR IN
EXTERNAL WRAPPINGS SUFFICIENT TO CONTAIN THE REMAINS AND ALSO DESIGNED
TO FULLY DECOMPOSE IN THE NATURAL REDUCTION PROCESS. Such signed
acknowledgement of the authorizing person, that the timely disclosure
has been made, shall be retained by the natural organic reduction facil-
ity 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
facility unless explicit, signed authorization is provided by the person
making funeral arrangements or by a public officer discharging [his or
her] THEIR 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.
(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
S. 1333 3
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. UPON RECEIPT OF THE
REMAINS, THE INDIVIDUAL RECEIVING THEM MAY TRANSPORT THEM IN ANY MANNER
IN THE STATE WITHOUT A PERMIT, AND MAY DISPOSE OF THEM IN ACCORDANCE
WITH THIS SECTION. After disposition, the cemetery corporation shall be
discharged from any legal obligation or liability TO DELIVER THE
REMAINS TO THE AUTHORIZING AGENT OR ANY OTHER PERSON ENUMERATED UNDER
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FORTY-TWO HUNDRED ONE OF THE
PUBLIC HEALTH LAW concerning the remains. If, after a period of one
hundred twenty days from the date of the natural organic reduction, the
authorizing agent has not instructed the cemetery corporation to arrange
for the final disposition of the remains or claimed the remains, the
cemetery corporation may dispose of the remains in any manner permitted
by this section. The cemetery corporation, however, shall keep a perma-
nent 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 TO DELIVER THE REMAINS TO THE
AUTHORIZING AGENT OR ANY OTHER PERSON ENUMERATED UNDER PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION FORTY-TWO HUNDRED ONE OF THE PUBLIC HEALTH
LAW 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 FACILITY 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 cemeteries. 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 certi-
fied within one year of such effective date. Renewal of such certif-
ication shall be completed every five years from the date of certif-
ication.
(K) THE CEMETERY BOARD, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND ANY OTHER STATE AGENCY
DEEMED NECESSARY, MAY PROMULGATE RULES AND REGULATIONS CONSISTENT WITH
LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
§ 4. Paragraph (d) of section 1502 of the not-for-profit corporation
law, as added by chapter 871 of the laws of 1977, is amended to read as
follows:
(d) A public mausoleum, crematory, NATURAL ORGANIC REDUCTION FACILITY
or columbarium shall be included within the term "cemetery".
§ 5. Subdivisions 1, 3 and 5 of section 4145 of the public health law
are amended to read as follows:
1. No person in charge of any premises on which interments,
cremations, NATURAL ORGANIC REDUCTIONS or other disposition of the body
of a deceased person are made shall inter or permit the interment or
other disposition of any body unless it is accompanied by a burial,
cremation, NATURAL ORGANIC REDUCTION or transit permit, as provided in
this article.
S. 1333 4
3. The person in charge of the place of burial or other disposition
shall endorse upon the permit, the date of interment, NATURAL ORGANIC
REDUCTION, or cremation or other disposition over his signature, and
shall return all permits so endorsed to the registrar of his district
within seven days after the date of interment, cremation, NATURAL ORGAN-
IC REDUCTION, or other disposition.
5. The person in charge of the place of burial, cremation, NATURAL
ORGANIC REDUCTION, or other disposition shall keep a record of all
bodies interred or otherwise disposed of on the premises under his
charge, in each case stating the name of each deceased person, place of
death, date of burial or disposal, and name and address of the funeral
director or undertaker, which record shall at all time be open to offi-
cial inspection.
§ 6. Paragraph (b) of subdivision 2 of section 4145 of the public
health law, as amended by chapter 198 of the laws of 2005, is amended to
read as follows:
(b) Any person or other entity owning, operating, managing, or desig-
nated to receive the body of a deceased person at a place of burial,
cremation, NATURAL ORGANIC REDUCTION, or other final disposition in this
state, who receives the body of a deceased person, shall provide a
receipt for the body to the funeral director, undertaker or registered
resident who delivered such body. Each receipt shall (i) be endorsed by
both such person and the funeral director, undertaker or registered
resident, (ii) indicate the date the body was delivered, (iii) include
the name of the funeral director, undertaker or registered resident
delivering the body and the registration number of such funeral direc-
tor, undertaker or registered resident, (iv) include the name of the
registered funeral firm the funeral director, undertaker or registered
resident represents, (v) include the name of the deceased person as it
appears on the burial, cremation, NATURAL ORGANIC REDUCTION, or transit
permit, and (vi) include the name of the owner, operator, manager, or
person in charge of the place of burial, cremation, NATURAL ORGANIC
REDUCTION, or other final disposition who received the body of the
deceased person. A copy of such receipt shall be retained by the owner,
operator, manager, or person in charge of the place of burial,
cremation, NATURAL ORGANIC REDUCTION, or other final disposition for a
period of not less than four years, and shall be made available for
inspection by the division of cemeteries during normal business hours.
The original copy of every such receipt shall be retained by the
licensed funeral firm for a period of not less than four years pursuant
to the rules and regulations of the department governing the maintenance
of records.
§ 7. Subdivision 1 of section 4200 of the public health law is amended
to read as follows:
1. Except in the cases in which a right to dissect it is expressly
conferred by law, every body of a deceased person, within this state,
shall be decently buried, NATURALLY ORGANICALLY REDUCED, or incinerated
within a reasonable time after death.
§ 8. Paragraph (b) of subdivision 1 of section 4201 of the public
health law, as amended by chapter 76 of the laws of 2006, is amended to
read as follows:
(b) "Disposition" means the care, disposal, transportation, burial,
cremation, NATURAL ORGANIC REDUCTION or embalming of the body of a
deceased person, and associated measures.
§ 9. Subdivision 1 of section 4201 of the public health law is amended
by adding a new paragraph (c-1) to read as follows:
S. 1333 5
(C-1) "NATURAL ORGANIC REDUCTION" MEANS THE CONTAINED, ACCELERATED
CONVERSION OF HUMAN REMAINS TO SOIL.
§ 10. Paragraph (d) of subdivision 2 of section 4201 of the public
health law, as amended by chapter 76 of the laws of 2006, is amended to
read as follows:
(d) No funeral director, undertaker, embalmer or no person with an
interest in, or who is an employee of any funeral firm, cemetery organ-
ization or business operating a crematory, NATURAL ORGANIC REDUCTION
FACILITY, columbarium or any other business, who also controls the
disposition of remains in accordance with this section, shall receive
compensation or otherwise receive financial benefit for disposing of the
remains of a decedent.
§ 11. Subdivision 7 of section 4201 of the public health law, as
amended by chapter 76 of the laws of 2006, is amended to read as
follows:
7. No cemetery organization, business operating a crematory, NATURAL
ORGANIC REDUCTION FACILITY, or columbarium, funeral director, undertak-
er, embalmer, or funeral firm shall be held liable for actions taken
reasonably and in good faith to carry out the written directions of a
decedent as stated in a will or in a written instrument executed pursu-
ant to this section. No cemetery organization, business operating a
crematory, NATURAL ORGANIC REDUCTION FACILITY, or columbarium, funeral
director, undertaker, embalmer or funeral firm shall be held liable for
actions taken reasonably and in good faith to carry out the directions
of a person who represents that he or she is entitled to control of the
disposition of remains, provided that such action is taken only after
requesting and receiving written statement that such person:
(a) is the designated agent of the decedent designated in a will or
written instrument executed pursuant to this section; or
(b) that he or she has no knowledge that the decedent executed a writ-
ten instrument pursuant to this section or a will containing directions
for the disposition of his or her remains and that such person is the
person having priority under subdivision two of this section.
§ 12. Subdivisions 1, 2 and 4 of section 4202 of the public health
law, subdivision 1 as added by chapter 903 of the laws of 1981, subdivi-
sion 2 as added by chapter 665 of the laws of 1968 and as renumbered by
chapter 903 of the laws of 1981, and subdivision 4 as amended by chapter
91 of the laws of 1987, are amended to read as follows:
1. Every body delivered to a cemetery for cremation, OR NATURAL ORGAN-
IC REDUCTION, shall be accompanied by a statement from a physician,
coroner, or medical examiner certifying that such body does not contain
a battery or power cell. The person in charge of a cemetery may refuse
to cremate OR NATURALLY ORGANICALLY REDUCE a body unless accompanied by
such statement.
2. Cremated remains means human remains after incineration in a crema-
tory. NATURALLY ORGANICALLY REDUCED REMAINS MEANS HUMAN REMAINS THAT
HAVE BEEN NATURALLY ORGANICALLY REDUCED TO SOIL.
4. At the time of the arrangement for a funeral performed by any
undertaker or funeral director, the person contracting for funeral
services shall designate his intentions with respect to the disposition
of the remains of the deceased in a signed declaration of intent on a
form as designated by the department which shall be provided by and
retained by the undertaker. Every undertaker, administrator, executor,
authorized representative of a deceased person, corporation, company or
association, or other person having in his or its lawful possession
cremated OR NATURALLY ORGANICALLY REDUCED remains, except such remains
S. 1333 6
committed to his or its care for permanent interment, which remains
shall not have been claimed by a relative or friend of the deceased
person within one hundred twenty days from the date of cremation OR
NATURAL ORGANIC REDUCTION, may dispose of such remains by placement in a
tomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery, or
scattering of the remains at sea or by otherwise disposing of such
remains as provided by rule of the department. A record of such disposi-
tion shall be made and kept by the person making such disposition. Upon
disposing of such remains in the manner prescribed above, such person
shall be discharged from any legal obligation or liability TO THE
AUTHORIZING AGENT OR ANY OTHER PERSON ENUMERATED UNDER PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION FORTY-TWO HUNDRED ONE OF THIS TITLE in
relation to such remains.
§ 13. The section heading of section 4203 of the public health law, as
added by chapter 444 of the laws of 2010, is amended to read as follows:
Cremated OR NATURALLY ORGANICALLY REDUCED remains of a veteran; dispo-
sition.
§ 14. Paragraph (e) of subdivision 1 of section 4203 of the public
health law, as added by chapter 444 of the laws of 2010, is amended to
read as follows:
(e) "disposition" means disposal of cremated OR NATURALLY ORGANICALLY
REDUCED remains by placement in a tomb, mausoleum, crypt, niche in a
columbarium or burial in a cemetery. Provided, however, for the purpose
of this section the term "disposition" shall not include the scattering
of cremated OR NATURALLY ORGANICALLY REDUCED remains.
§ 15. Subdivisions 2, 5, 6, 7 and 8 of section 4203 of the public
health law, as added by chapter 444 of the laws of 2010, are amended to
read as follows:
2. A funeral director, undertaker or funeral firm which has held in
its possession cremated OR NATURALLY ORGANICALLY REDUCED remains for
more than one hundred twenty days from the date of cremation OR NATURAL
ORGANIC REDUCTION may, in accordance with the provisions of this
section, determine if such cremated OR NATURALLY ORGANICALLY REDUCED
remains are those of a veteran, and if so, may dispose of such remains
as provided in this section.
5. The funeral director, undertaker, funeral firm or veterans' service
organization notwithstanding any law to the contrary, upon:
(a) disposing of cremated OR NATURALLY ORGANICALLY REDUCED remains in
accordance with the provisions of this section, shall be held harmless
for any costs or damages, except if there is gross negligence or willful
misconduct; and
(b) shall be discharged from any legal obligation or liability
concerning the cremated OR NATURALLY ORGANICALLY REDUCED remains.
6. The estate of the decedent shall be responsible for reimbursing a
funeral director, undertaker, funeral firm or veterans' service organ-
ization for all reasonable expenses incurred in relation to the disposi-
tion of such cremated OR NATURALLY ORGANICALLY REDUCED remains.
7. A funeral director, undertaker or funeral firm shall establish and
maintain a record identifying the veterans' service organization receiv-
ing the cremated OR NATURALLY ORGANICALLY REDUCED remains and the site
designated for final disposition of the cremated OR NATURALLY ORGAN-
ICALLY REDUCED remains.
8. Nothing in this section shall require a funeral director, undertak-
er or funeral firm to determine or seek others to determine that an
individual's cremated OR NATURALLY ORGANICALLY REDUCED remains are those
of a veteran if the funeral director, undertaker or funeral firm was
S. 1333 7
informed by the person in control of disposition that such individual
was not a veteran, or to relinquish possession of such cremated OR
NATURALLY ORGANICALLY REDUCED remains to a veterans' service organiza-
tion if the funeral director, undertaker or funeral firm was instructed
by such person in control, or had a reasonable belief, that the decedent
did not desire any funeral or burial-related services or ceremonies
recognizing such decedent's service as a veteran.
§ 16. Paragraph (a) of subdivision 3 of section 4203 of the public
health law, as added by chapter 444 of the laws of 2010, is amended to
read as follows:
(a) Notwithstanding any law or regulation to the contrary, nothing in
this section shall prevent a funeral director, undertaker or funeral
firm from sharing information with the United States department of
veterans affairs (VA), a local veterans' service agency, a veterans'
service organization, a national cemetery, or county veterans cemetery
for the purpose of determining whether the cremated OR NATURALLY ORGAN-
ICALLY REDUCED remains are those of a veteran.
§ 17. Paragraph (a) of subdivision 4 of section 4203 of the public
health law, as added by chapter 444 of the laws of 2010, is amended to
read as follows:
(a) Should a funeral director, undertaker or funeral firm ascertain
the cremated OR NATURALLY ORGANICALLY REDUCED remains in its possession
are those of a veteran, and they have not been instructed by the person
in control of the disposition of the decedent to arrange for the final
disposal or delivery of the cremated OR NATURALLY ORGANICALLY REDUCED
remains, the funeral director, undertaker or funeral firm may dispose of
the cremated OR NATURALLY ORGANICALLY REDUCED remains or relinquish
possession of the cremated OR NATURALLY ORGANICALLY REDUCED remains to a
veterans' service organization.
§ 18. Section 7 of a chapter of the laws of 2022 amending the not-for-
profit corporation law relating to the creation, operation, and duties
of natural organic reduction facilities as cemetery corporations, as
proposed in legislative bills numbers S. 5535 and A. 382, is amended to
read as follows:
§ 7. This act shall take effect on the [ninetieth] ONE HUNDRED EIGHT-
IETH day after it shall have become a law.
§ 19. This act shall take effect immediately, provided however, that
sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen of
this act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the not-for-profit corporation law
relating to the creation, operation, and duties of natural organic
reduction facilities as cemetery corporations, as proposed in legisla-
tive bills numbers S. 5535 and A. 382, takes effect.
