NY State Senate Bill 2023-S3024B

Current 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	referred to corporations, authorities and commissions delivered to assembly passed senate
Mar 14, 2024	advanced to third reading
Mar 13, 2024	2nd report cal.
Mar 12, 2024	1st report cal.637
Jan 08, 2024	print number 3024b
Jan 08, 2024	amend (t) and recommit to environmental conservation
Jan 03, 2024	referred to environmental conservation returned to senate died in assembly
Jun 08, 2023	referred to corporations, authorities and commissions delivered to assembly passed senate
May 15, 2023	advanced to third reading amended 3024a
May 10, 2023	2nd report cal.
May 09, 2023	1st report cal.817
Jan 26, 2023	referred to environmental conservation

Votes

- May 8, 2024 - Floor Vote
  S3024B
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 8, 2024
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Martinez
      
      excused (3)
      
      Hoylman-Sigal
      
      O'Mara
      
      Walczyk
  Jun 8, 2023 - Floor Vote
  S3024B
  
  46
  
  Aye
  
  16
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (46)
      
      Addabbo Jr.
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      May
      
      Mayer
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (16)
      
      Ashby
      
      Chu
      
      Helming
      
      Martinez
      
      Mattera
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Rolison
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (1)
      
      Cooney
  Mar 12, 2024 - Environmental Conservation Committee Vote
  S3024B
  
  10
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Mar 12, 2024
      
      aye (10)
      
      Canzoneri-Fitzpatrick
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      Stec
      
      nay (1)
      
      Martinez
  May 9, 2023 - Environmental Conservation Committee Vote
  S3024B
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 9, 2023
      
      aye (10)
      
      Canzoneri-Fitzpatrick
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      aye wr (1)
      
      Stec

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-S3024 - Details

See Assembly Version of this Bill:: A7104
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §1506-f, N-PC L
Versions Introduced in 2021-2022 Legislative Session:: S6842, A7848

2023-S3024 - Summary

Provides a permit for a memorial lands facility.

2023-S3024 - Sponsor Memo

                                 
BILL NUMBER: S3024

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
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 wild-and-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:

2022: S6842A Comrie/ A7848-A Reyes - PASSED SENATE, died in assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act take effect immediately.

2023-S3024 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3024
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, HARCKHAM, KENNEDY, KRUEGER, MATTERA, MYRIE
   -- 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 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
   (D) 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.
                                                            LBD04711-01-3
 S. 3024                             2

 
   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.

co-Sponsors

View additional co-sponsors

2023-S3024A - Details

See Assembly Version of this Bill:: A7104
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §1506-f, N-PC L
Versions Introduced in 2021-2022 Legislative Session:: S6842, A7848

2023-S3024A - Summary

Provides a permit for a memorial lands facility.

2023-S3024A - Sponsor Memo

                                 
BILL NUMBER: S3024A

SPONSOR: COMRIE
 
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 wild-and-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:

2022: S6842A Comrie/ A7848-A Reyes - PASSED SENATE, died in assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act take effect immediately.

2023-S3024A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3024--A
     Cal. No. 817
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, HARCKHAM, KENNEDY, KRUEGER, MATTERA, MYRIE
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Environmental Conservation -- reported favorably from
   said committee, ordered to first and second report, amended on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading
 
 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.

                                                            LBD04711-02-3
 S. 3024--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.

co-Sponsors

View additional co-sponsors

2023-S3024B (ACTIVE) - Details

See Assembly Version of this Bill:: A7104
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §1506-f, N-PC L
Versions Introduced in 2021-2022 Legislative Session:: S6842, A7848

2023-S3024B (ACTIVE) - Summary

Provides a permit for a memorial lands facility.

2023-S3024B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3024B

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the  not-for-profit corporation law, in relation to
authorizing memorial lands facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would authorize an innovative approach to final dispo-
sition of human remains by providing for the placement of the cremated
or naturally organically reduced remains in natural areas conserved
specifically for such a purpose. The offering of such an affordable
interment option would be subject to the same regulations and consumer
protections available for traditional cemetery burials and would also
permit traditional cemeteries to operate conserved lands to provide this
additional option for New York families.

 
SUMMARY OF PROVISIONS:

Article 15 of the not-for-profit corporation law would be amended by

adding a new section 1506-f to provide for the operation of a memorial
lands facility.

Section 1 provides that the lands must have as a primary purpose, the
respectful disposition of cremated or naturally organically reduced
remains. It also provides that a permit is required for such special
lands which shall only be issued to a not-for-profit corporation and
issued by the state cemetery board based on specific requirements and
restrictions.

This section also provides that such properties are subject to existing
state regulations and consumer protections related to disposition of
human remains and that operators of such facilities conform with exist-
ing local zoning. The section concludes by authorizing the state ceme-
tery board to promulgate any necessary regulations.

Section 2 provides for an immediate effective date.

 
JUSTIFICATION:

New York law allows families to spread cremated human remains on private
property or in a specific area of a cemetery developed for such purpose.
This legislation clarifies that these remains may also be spread on land
that is permanently protected via a non-profit perpetual care easement
specifically for this purpose, also known as memorial lands.

In 2022, the state legislature and governor authorized natural organic
reduction under existing cemeteries law cremation statutes. Today, we as
a state have another end-of-life option that is known as being more
environmentally friendly and offers folks the option to have their
remains continue the cycle of life as nutrient-rich soil.

Forested or other natural lands provide a unique space for families to
spread or inter cremated and naturally organically reduced remains.
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.

The global pandemic caused tragic loss of life, and has highlighted the
need for greater consumer choice in the disposition of cremated and
naturally organically reduced remains.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: 7848A - Referred to Corporations, Commissions & Authorities

2023: 3024A - Passed Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act take effect immediately.

2023-S3024B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3024--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, HARCKHAM, KENNEDY, KRUEGER, MATTERA, MYRIE
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Environmental Conservation -- reported favorably from
   said committee, ordered to first and second report, amended on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading  --  recommitted  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   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.
                                                            LBD04711-04-4

 S. 3024--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.

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Senate Bill S3024B

Sponsored By

Current Bill Status - In Assembly Committee

May 8, 2024 - Floor Vote

Floor Vote: May 8, 2024

Jun 8, 2023 - Floor Vote

Floor Vote: Jun 8, 2023

Mar 12, 2024 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Mar 12, 2024

May 9, 2023 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 9, 2023

Bill Amendments

co-Sponsors

2023-S3024 - Details

2023-S3024 - Summary

2023-S3024 - Sponsor Memo

2023-S3024 - Bill Text download pdf

co-Sponsors

2023-S3024A - Details

2023-S3024A - Summary

2023-S3024A - Sponsor Memo

2023-S3024A - Bill Text download pdf

co-Sponsors

2023-S3024B (ACTIVE) - Details

2023-S3024B (ACTIVE) - Summary

2023-S3024B (ACTIVE) - Sponsor Memo

2023-S3024B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3024B

Share this bill

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-S3024 - Details

2023-S3024 - Summary

2023-S3024 - Sponsor Memo

2023-S3024 - Bill Text download pdf

co-Sponsors

2023-S3024A - Details

2023-S3024A - Summary

2023-S3024A - Sponsor Memo

2023-S3024A - Bill Text download pdf

co-Sponsors

2023-S3024B (ACTIVE) - Details

2023-S3024B (ACTIVE) - Summary

2023-S3024B (ACTIVE) - Sponsor Memo

2023-S3024B (ACTIVE) - Bill Text download pdf

Comments