NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7104B
SPONSOR: Reyes 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
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act take effect immediately.
