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Assembly Bill A5759

2017-2018 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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2017-A5759 (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:
2013-2014: A9448
2015-2016: A6113, A10329

2017-A5759 (ACTIVE) - Summary

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

2017-A5759 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5759
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by M. of A. CASTORINA, DiPIETRO -- read once and referred to
   the Committee 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  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 FACILI-
 TY 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08294-01-7

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