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.
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.