NY State Senate Bill 2025-S4369

Current Bill Status - In Senate Committee Environmental Conservation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2025	referred to environmental conservation

co-Sponsors

2025-S4369 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §1506-f, N-PC L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6842
2023-2024: S3024

2025-S4369 (ACTIVE) - Summary

Provides a permit for a memorial lands facility.

2025-S4369 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4369

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:

2024-2024: S3024B Comrie/ A7104B Reyes

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

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act take effect immediately.

2025-S4369 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4369
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sens.  COMRIE, HARCKHAM, 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   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;
   (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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05782-01-5
 S. 4369                             2

   (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 S4369

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2025-S4369 (ACTIVE) - Details

2025-S4369 (ACTIVE) - Summary

2025-S4369 (ACTIVE) - Sponsor Memo

2025-S4369 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4369

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Pete Harckham

Liz Krueger

Mario R. Mattera

Zellnor Myrie

2025-S4369 (ACTIVE) - Details

2025-S4369 (ACTIVE) - Summary

2025-S4369 (ACTIVE) - Sponsor Memo

2025-S4369 (ACTIVE) - Bill Text download pdf

Comments