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 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7387
SPONSOR: Conrad TITLE OF BILL:
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 ceme-
tery 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
PURPOSE OR GENERAL IDEA OF BILL:
To repeal certain provisions of the not7for-profit corporation law and
other laws relating to combinations of cemetery corporations and funeral
entities, and the sale of monuments and memorials. Click here to enter
text.
SUMMARY OF PROVISIONS:
Section 1 declares the legislature's intent with respect to the public
health, safety, and welfare of the residents of the state of New York in
and around the town of Tonawanda.
Section 2 modifies Subdivision 1 of Section 14 of Chapter 560 of the
laws of 1998 to indicate that such provisions 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 environ-
mental conservation.
Section 3 repeals Subdivision 2 of Section 14 of chapter 560 of the laws
of 1998.
Section 4 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Subdivision 1 of Section 14 of chapter 560 of the laws of 1998, Chapter
514 of the laws of 2021.
JUSTIFICATION:
Since the passage of the Anti-Combination Act in 1998, crematoria oper-
ated by grandfathered funeral entities have been unable to relocate
without losing their grandfathered status. As such, the residents of the
State in the town of Tonawanda have been subjected to heightened levels
of air pollution due to aging and failing equipment at a crematorium
located close to residential areas with a consistently poor record of
complying with clean air laws, creating a hazardous environment for
residents and neighborhoods surrounding the crematorium. This specific
crematorium was given the exclusive opportunity to move to another
location within the town of Tonawanda through a clear process estab-
lished by legislation and failed to do so. This bill revokes said
crematorium's opportunity to move, and revokes its grandfathered status.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred and eighty day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
7387
2023-2024 Regular Sessions
IN ASSEMBLY
May 19, 2023
___________
Introduced by M. of A. CONRAD -- read once and referred 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00792-02-3
A. 7387 2
1 [1. The] Provided that it is not a crematory or crematorium operated
2 by a funeral entity in the town of Tonawanda that has been subject to a
3 consent order issued by the department of environmental conservation,
4 the provisions of this act shall not apply to the operation of any
5 crematory or crematorium, or act of cremation performed by a funeral
6 entity after the effective date of this act, if the funeral entity:
7 a. operated such crematory or crematorium, or performed cremations
8 prior to January 1, 1998; or
9 b. filed an application with the cemetery board for the operation of a
10 crematory or crematorium prior to January 1, 1998.
11 § 3. Subdivision 2 of section 14 of chapter 560 of the laws of 1998
12 amending the not-for-profit corporation law and other laws, relating to
13 combinations of cemetery corporations and funeral entities, and the sale
14 of monuments and memorials, is REPEALED.
15 § 4. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law.
