STATE OF NEW YORK
________________________________________________________________________
7848--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 27, 2021
___________
Introduced by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, J. D. RIVERA,
FERNANDEZ, BURDICK, SOLAGES, ENGLEBRIGHT, FALL, SEAWRIGHT, LUPARDO,
FAHY, TAYLOR, SIMON, JACOBSON, JACKSON, GALEF, HEVESI, COOK -- read
once and referred to the Committee on Corporations, Authorities and
Commissions -- recommitted to the Committee on Corporations, Authori-
ties and Commissions in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
1 Section 1. Article 9 of the environmental conservation law is amended
2 by adding a new title 22 to read as follows:
3 TITLE 22
4 MEMORIAL LANDS FACILITY
5 Section 9-2201. Memorial lands facility.
6 § 9-2201. Memorial lands facility.
7 1. Any person who operates an entity on land, other than a cemetery,
8 that is primarily used for the respectful disposition of cremated
9 remains shall hold a valid memorial lands facility permit issued by the
10 department.
11 2. To receive a memorial lands facility permit the operator of a memo-
12 rial lands facility shall file with the department and adhere to an
13 operation plan for the maintenance of the land and the disposition of
14 cremated remains. The operation plan shall include the following:
15 (a) Evidence of a conservation easement, as defined under section
16 49-0303 of this chapter, held by a not-for-profit conservation organiza-
17 tion or public body;
18 (b) A commitment that no crematory or columbarium shall be constructed
19 on the memorial lands facility;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11049-05-2
A. 7848--A 2
1 (c) A copy of the form contract between the memorial lands facility
2 and the consumer that permits the disposition of cremated remains; and
3 (d) The rules and regulations for the memorial lands facility which
4 governs and shall include but not be limited to, access to the land.
5 3. An entity holding a memorial lands facility permit is operating on
6 "private property" for purposes of paragraph (i) of section fifteen
7 hundred seventeen of the not-for-profit corporation law and neither the
8 land nor the entity shall be subject to regulations pursuant to article
9 fifteen of the not-for-profit corporation law.
10 4. As a condition of approval for such permit, the operator shall
11 provide certification to the department that such activities conform
12 with existing local zoning laws and ordinances.
13 5. The department is authorized to promulgate any rules and regu-
14 lations as may be necessary to implement and administer the provisions
15 of this title.
16 § 2. This act shall take effect immediately.
