STATE OF NEW YORK
________________________________________________________________________
7104--B
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, RIVERA, FALL,
BURDICK, FAHY, LUPARDO, SEAWRIGHT, TAYLOR, SIMON, JACOBSON, JACKSON,
HEVESI, COOK -- read once and referred to the Committee on Corpo-
rations, Authorities and Commissions -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Corporations, Authorities 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 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:
1 Section 1. The not-for-profit corporation law is amended by adding a
2 new section 1506-f to read as follows:
3 § 1506-f. Memorial lands facility.
4 (a) Any person who operates an entity on land, that is primarily used
5 only for the respectful disposition of cremated and naturally organ-
6 ically reduced remains shall hold a valid memorial lands facility permit
7 issued and approved by the cemetery board.
8 (b) To receive a memorial lands facility permit the operator of a
9 memorial lands facility shall be a not-for-profit corporation subject to
10 the regulatory oversight of the cemetery board, incorporated in the
11 state, that shall file with the department and adhere to an operation
12 plan for the maintenance of the land and the disposition of cremated and
13 naturally organically reduced remains. The operation plan shall include
14 the following:
15 (1) Evidence of a perpetual conservation easement, as defined under
16 section 49-0303 the environmental conservation law, held by a not-for-
17 profit conservation organization or public body or evidence that such
18 lands are cemetery lands;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04711-05-4
A. 7104--B 2
1 (2) A commitment that no crematory or columbarium shall be constructed
2 on the memorial lands facility;
3 (3) Any plans for a proposed or existing natural organic reduction
4 facility;
5 (4) A copy of the form contract between the memorial lands facility
6 and the consumer that permits the disposition of cremated and naturally
7 organically reduced remains; and
8 (5) The rules and regulations for the memorial lands facility which
9 governs and shall include but not be limited to, access to the land.
10 (c) An entity holding a memorial lands facility permit shall be
11 subject to any regulations pertaining to disposal of cremated or
12 naturally organically reduced remains or disposal thereof in this arti-
13 cle.
14 (d) As a condition of approval for such permit, the operator shall
15 provide certification to the cemetery board that such activities conform
16 with existing local zoning laws and ordinances.
17 (e) The cemetery board is authorized to promulgate any rules and regu-
18 lations as may be necessary to implement and administer the provisions
19 of this section.
20 § 2. This act shall take effect immediately.
