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Assembly Bill A9448A

2013-2014 Legislative Session

Relates to prohibiting the incineration of human remains for the purpose of producing energy and establishes penalties for the violation thereof

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A9448 - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0306, En Con L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6113, A10329
2017-2018: A5759

2013-A9448 - Summary

Relates to prohibiting the incineration of human remains for the purpose of producing energy and establishes penalties for the violation thereof.

2013-A9448 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9448

                          I N  A S S E M B L Y

                             April 30, 2014
                               ___________

Introduced  by M. of A. BORELLI -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  municipal solid and regulated medical waste incineration facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 19-0306 of the environmental  conservation  law  is
amended by adding a new subdivision 8 to read as follows:
  8.  (A) IT SHALL NOT BE LAWFUL FOR ANY PERSON OPERATING OR EMPLOYED BY
A MUNICIPAL SOLID OR REGULATED MEDICAL WASTE INCINERATION  FACILITY,  AS
DEFINED  BY  THIS  SECTION, TO BURN, INCINERATE, OR OTHERWISE DEFILE THE
REMAINS OF ANY DECEDENT OR ANY HUMAN BIOLOGICAL MATTER FOR  THE  PURPOSE
OF PRODUCING ENERGY.
  (B)  "DECEDENT"  MEANS A DECEASED INDIVIDUAL OF ANY AGE AND INCLUDES A
STILLBORN INFANT AND A FETUS AT ANY STAGE OF DEVELOPMENT  REGARDLESS  OF
THE CAUSE OF DEATH.
  (C) THE COMMISSIONER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF
THIS SUBDIVISION.
  (D)  ANY PERSON WHO VIOLATES, DISOBEYS, OR DISREGARDS ANY TERM OF THIS
SUBDIVISION SHALL BE LIABLE TO THE PEOPLE  OF  THE  STATE  FOR  A  CIVIL
PENALTY,  TO BE ASSESSED BY THE COMMISSIONER, NOT TO EXCEED ONE THOUSAND
DOLLARS FOR THE FIRST VIOLATION, TWO THOUSAND FIVE HUNDRED  DOLLARS  FOR
THE SECOND VIOLATION, AND FIVE THOUSAND DOLLARS FOR THE THIRD AND SUBSE-
QUENT VIOLATIONS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14903-01-4

co-Sponsors

2013-A9448A (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0306, En Con L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6113, A10329
2017-2018: A5759

2013-A9448A (ACTIVE) - Summary

Relates to prohibiting the incineration of human remains for the purpose of producing energy and establishes penalties for the violation thereof.

2013-A9448A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9448--A

                          I N  A S S E M B L Y

                             April 30, 2014
                               ___________

Introduced  by M. of A. BORELLI -- read once and referred to the Commit-
  tee  on  Environmental  Conservation  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  municipal solid and regulated medical waste incineration facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 19-0306 of the environmental  conservation  law  is
amended by adding a new subdivision 8 to read as follows:
  8.  (A)  IT  SHALL  BE  UNLAWFUL  FOR ANY MUNICIPAL SOLID OR REGULATED
MEDICAL WASTE INCINERATION FACILITY, AS  DEFINED  BY  THIS  SECTION,  TO
BURN,  INCINERATE OR OTHERWISE DEFILE THE REMAINS OF ANY DECEDENT OR ANY
OTHER RECOGNIZABLE HUMAN BODY PART FOR THE PURPOSE OF PRODUCING ENERGY.
  (B) "DECEDENT" MEANS A DECEASED INDIVIDUAL OF ANY AGE AND  INCLUDES  A
STILLBORN  INFANT  OR  A FETUS AT ANY STAGE OF DEVELOPMENT REGARDLESS OF
THE CAUSE OF DEATH.
  (C) THE COMMISSIONER IN  CONJUNCTION  WITH  THE  COMMISSIONER  OF  THE
DEPARTMENT  OF  HEALTH SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF
THIS SUBDIVISION.
  (D) ANY MUNICIPAL SOLID OR REGULATED MEDICAL WASTE INCINERATION FACIL-
ITY THAT KNOWINGLY VIOLATES, DISOBEYS, OR DISREGARDS ANY  TERM  OF  THIS
SUBDIVISION  SHALL  BE  LIABLE  TO  THE  PEOPLE OF THE STATE FOR A CIVIL
PENALTY, TO BE ASSESSED BY THE COMMISSIONER, NOT TO EXCEED ONE  THOUSAND
DOLLARS  FOR  THE FIRST VIOLATION, TWO THOUSAND FIVE HUNDRED DOLLARS FOR
THE SECOND VIOLATION, AND FIVE THOUSAND DOLLARS FOR THE THIRD AND SUBSE-
QUENT VIOLATIONS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14903-02-4

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