Relates to the application of provisions of the not-for-profit corporation law and other laws to certain crematoriums located in the town of Tonawanda; provides that provisions of this chapter will apply to a crematory or crematorium operated by a funeral entity in the town of Tonawanda that has been subject to a consent order issued by the department of environmental conservation.
STATE OF NEW YORK
________________________________________________________________________
8366
IN SENATE
January 23, 2024
___________
Introduced by Sen. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend chapter 560 of the laws of 1998 amending the not-for-
profit corporation law and other laws, relating to combinations of
cemetery corporations and funeral entities, and the sale of monuments
and memorials, in relation to the application of provisions of the
not-for-profit corporation law and other laws to certain crematoriums
located in the town of Tonawanda; and to repeal certain provisions of
such chapter relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislature finds and declares that the public health,
2 safety and welfare of the residents of the state of New York in and
3 around the town of Tonawanda is a matter of substantial state concern.
4 The legislature also finds and declares that the state has a vital
5 interest in the oversight of places of final disposition as well as the
6 protection of its citizens directly affected by such places. The resi-
7 dents of the state in the town of Tonawanda have been subjected to
8 heightened levels of air pollution due to aging and failing equipment at
9 certain crematoriums. A crematorium located close to residential areas
10 with a consistently poor record of complying with clean air laws, creat-
11 ing a hazardous environment for the citizens of the state is to a
12 substantial degree a matter of state concern. Therefore, the provisions
13 hereinafter prescribed are enacted and their necessity in the public
14 interest is hereby declared as a matter of legislative determination.
15 § 2. Subdivision 1 of section 14 of chapter 560 of the laws of 1998
16 amending the not-for-profit corporation law and other laws, relating to
17 combinations of cemetery corporations and funeral entities, and the sale
18 of monuments and memorials, as amended by chapter 513 of the laws of
19 2021, is amended to read as follows:
20 [1. The] Provided that it is not a crematory or crematorium operated
21 by a funeral entity in the town of Tonawanda that has been subject to a
22 consent order issued by the department of environmental conservation,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00792-02-3
S. 8366 2
1 the provisions of this act shall not apply to the operation of any
2 crematory or crematorium, or act of cremation performed by a funeral
3 entity after the effective date of this act, if the funeral entity:
4 a. operated such crematory or crematorium, or performed cremations
5 prior to January 1, 1998; or
6 b. filed an application with the cemetery board for the operation of a
7 crematory or crematorium prior to January 1, 1998.
8 § 3. Subdivision 2 of section 14 of chapter 560 of the laws of 1998
9 amending the not-for-profit corporation law and other laws, relating to
10 combinations of cemetery corporations and funeral entities, and the sale
11 of monuments and memorials, is REPEALED.
12 § 4. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law.
