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A07104 Summary:

BILL NOA07104B
 
SAME ASSAME AS S03024-B
 
SPONSORReyes
 
COSPNSRLunsford, Gunther, Dickens, Rivera, Fall, Burdick, Fahy, Lupardo, Seawright, Taylor, Simon, Jacobson, Jackson, Hevesi, Cook
 
MLTSPNSR
 
Add §1506-f, N-PC L
 
Provides a permit for a memorial lands facility.
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A07104 Actions:

BILL NOA07104B
 
05/10/2023referred to corporations, authorities and commissions
05/16/2023amend and recommit to corporations, authorities and commissions
05/16/2023print number 7104a
01/03/2024referred to corporations, authorities and commissions
01/22/2024amend (t) and recommit to corporations, authorities and commissions
01/22/2024print number 7104b
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A07104 Memo:

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.
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A07104 Text:



 
                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.
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