The New York State Senate

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

                                  9839

                          I N  A S S E M B L Y

                            February 20, 2020
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN  ACT  to amend the not-for-profit corporation law, in relation to the
  creation, operation, and duties of natural organic  reduction  facili-
  ties as cemetery corporations

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

  Section 1. Paragraphs (a), (m), (n) and (o) of  section  1502  of  the
not-for-profit corporation law, paragraph (a) as added by chapter 871 of
the laws of 1977, paragraphs (m), (n) and (o) as added by chapter 579 of
the  laws  of  2006,  are amended and two new paragraphs (t) and (u) are
added to read as follows:
  (a) The term "cemetery corporation" means any corporation formed under
a general or special law for the disposal or burial  of  deceased  human
beings,  by cremation, NATURAL ORGANIC REDUCTION or in a grave, mausole-
um, vault, columbarium or other receptacle but does not include a family
cemetery corporation or a private cemetery corporation.
  (m) The term "holding facility" or "temporary storage facility"  means
an  area that (i) is designated for the retention of human remains prior
to cremation OR NATURAL ORGANIC REDUCTION; (ii) complies with all appli-
cable public health laws, (iii) preserves the health and safety  of  the
crematory  OR  NATURAL ORGANIC REDUCTION FACILITY personnel; and (iv) is
secure from access by anyone other than authorized persons. The interior
of such facility shall not be visible from any area  accessible  to  the
general public.
  (n)  The  [term] TERMS "cremation permit" [means] AND "NATURAL ORGANIC
REDUCTION PERMIT" MEAN the burial and removal permit  required  pursuant
to section forty-one hundred forty-five of the public health law that is
annotated  for  disposition  of the remains of a deceased human being by
cremation OR NATURAL ORGANIC REDUCTION.
  (o) The [term] TERMS "cremation authorization"  [means]  AND  "NATURAL
ORGANIC  REDUCTION  AUTHORIZATION" MEAN the crematory OR NATURAL ORGANIC
REDUCTION form authorizing a  cremation  OR  NATURAL  ORGANIC  REDUCTION
which  is signed by the next of kin or authorizing agent. This crematory

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14715-04-0

A. 9839                             2

OR NATURAL ORGANIC REDUCTION form must be a separate document and cannot
be a part of another form or document.
  (T) THE TERM "NATURAL ORGANIC REDUCTION" MEANS THE CONTAINED, ACCELER-
ATED CONVERSION OF HUMAN REMAINS TO SOIL.
  (U)  THE  TERM "NATURAL ORGANIC REDUCTION FACILITY" MEANS A STRUCTURE,
ROOM, OR OTHER SPACE IN A BUILDING OR REAL PROPERTY WHERE NATURAL ORGAN-
IC REDUCTION OF A HUMAN BODY OCCURS.
  § 2. Section 1503 of the not-for-profit corporation law, as separately
amended by chapters 579 and 580 of the laws of 2006, is amended to  read
as follows:
§ 1503. Application.
  (a)  Except  as  otherwise  provided in paragraph (b) of this section,
SECTION FIFTEEN HUNDRED FIVE-B, paragraph (c) of section fifteen hundred
seven, [and] paragraph (m) of section fifteen hundred ten,  AND  SECTION
FIFTEEN  HUNDRED  EIGHTEEN OF this article does not apply to (1) a reli-
gious corporation, (2) a municipal corporation, (3)  a  cemetery  corpo-
ration  owning  a  cemetery  operated, supervised or controlled by or in
connection with a religious corporation or (4) a cemetery belonging to a
religious  or  a  municipal  corporation,  or  operated,  supervised  or
controlled  by  or in connection with a religious corporation unless any
officer, member or employee of any such corporation shall receive or may
be lawfully entitled to receive any pecuniary profit from the operations
thereof, other than reasonable compensation for  services  in  effecting
one  or  more of the purposes of such corporation or as proper benefici-
aries of its strictly charitable purposes or unless the organization  of
any  such  corporation  for  any  of  its  avowed purposes be a guise or
pretense for directly or indirectly making any  other  pecuniary  profit
for  such corporation, or for any of its officers, members or employees,
and unless any such corporation is not,  in  good  faith,  organized  or
conducted exclusively for one or more of its stated purposes.
  (b)  All  crematories OR NATURAL ORGANIC REDUCTION FACILITIES shall be
subject to inspection by the division of  cemeteries.  Upon  inspection,
the  crematory  OR  NATURAL  ORGANIC  REDUCTION FACILITY may be asked to
produce any and all records for the operation  and  maintenance  of  the
crematory  OR  NATURAL  ORGANIC  REDUCTION FACILITY.   These records may
include but not be limited to cremation  OR  NATURAL  ORGANIC  REDUCTION
authorizations, rules and regulations of the crematory OR NATURAL ORGAN-
IC  REDUCTION  FACILITY,  procedures  as  set  forth  in section fifteen
hundred seventeen of this article, and  the  written  procedure  of  the
identification of remains.
  §  3.  The  not-for-profit  corporation law is amended by adding a new
section 1505-b to read as follows:
§ 1505-B. ADDITIONAL REQUIREMENTS FOR INCORPORATION OF  NATURAL  ORGANIC
            REDUCTION FACILITIES.
  (A) APPROVAL. A CEMETERY CORPORATION SEEKING THE APPROVAL TO OPERATE A
NATURAL  ORGANIC  REDUCTION  FACILITY  SHALL  SUBMIT FOR APPROVAL BY THE
CEMETERY BOARD THE FOLLOWING:
  (1) A LIST OF THE DIRECTORS, EMPLOYEES, AND CERTIFICATE HOLDERS OF THE
CEMETERY CORPORATION;
  (2) A CERTIFIED SURVEY OF THE SITE AND LOCATION WITHIN THE  COUNTY  IT
WILL BE SITUATED;
  (3) A BUSINESS PLAN FOR THE OPERATION OF THE NATURAL ORGANIC REDUCTION
FACILITY  TO  INCLUDE, BUT NOT BE LIMITED TO, NUMBER OF EXPECTED NATURAL
ORGANIC REDUCTIONS PER YEAR, NUMBER OF NATURAL ORGANIC REDUCTION  UNITS,
MANUFACTURE,  CAPITAL COSTS, FINANCING, ANTICIPATED NUMBER OF EMPLOYEES,
TYPES OF SERVICES PROVIDED, PRICING THEREOF;

A. 9839                             3

  (4) A DESCRIPTION OF  THE  IMPACT  OF  THE  PROPOSED  NATURAL  ORGANIC
REDUCTION  FACILITY  ON  OTHER  NATURAL ORGANIC REDUCTION FACILITIES, IF
ANY, WITHIN THE COUNTY;
  (5)  PLANS,  DESIGNS,  AND  COSTS  OF  ANY STRUCTURES TO BE ERECTED OR
RETROFITTED FOR THE NATURAL ORGANIC REDUCTION FACILITY USE; AND
  (6) A DESCRIPTION OF ANY APPROVALS OR PERMITS  REQUIRED  BY  STATE  OR
LOCAL LAW. NO NATURAL ORGANIC REDUCTION FACILITY SHALL BE APPROVED UNTIL
SUCH OTHER APPROVALS OR PERMITS HAVE BEEN OBTAINED.
  (B)  FURTHER INFORMATION. WITHIN THIRTY-FIVE DAYS FOLLOWING RECEIPT OF
THE INFORMATION REQUIRED BY PARAGRAPH (A) OF THIS SECTION, THE  CEMETERY
BOARD OR THE DIVISION OF CEMETERIES MAY REQUEST FROM THE CEMETERY CORPO-
RATION ANY ADDITIONAL INFORMATION OR DOCUMENTATION AND TECHNICAL ASSIST-
ANCE DEEMED NECESSARY TO REVIEW SUCH INFORMATION. SUCH INFORMATION SHALL
NOT  BE  DEEMED  COMPLETE UNTIL THE REQUESTED ADDITIONAL INFORMATION HAS
BEEN RECEIVED. IF NO SUCH REQUEST  IS  MADE,  THE  SUBMISSION  SHALL  BE
DEEMED  COMPLETE  ON THE THIRTY-FIFTH DAY AFTER ITS RECEIPT BY THE DIVI-
SION OF CEMETERIES.
  (C) DETERMINATION. THE  CEMETERY  BOARD  SHALL  APPROVE  OR  DENY  THE
PROPOSED  NATURAL  ORGANIC  REDUCTION FACILITY WITHIN NINETY DAYS OF THE
COMPLETED SUBMISSION.
  (D) NOTIFICATION. THE CEMETERY BOARD SHALL PROVIDE WRITTEN  NOTICE  OF
ITS  DETERMINATION  TO THE CEMETERY CORPORATION.  IF A NEGATIVE DETERMI-
NATION IS MADE, SUCH NOTICE SHALL STATE THE REASONS  THEREFOR.    NOTICE
SHALL  BE MADE BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE CEMETERY
CORPORATION AT ITS PRINCIPAL OFFICE.
  § 4. Paragraph (c) of section 1508 of the  not-for-profit  corporation
law,  as  amended by chapter 579 of the laws of 2006, is amended to read
as follows:
  (c) Cemetery payment for administration. To  defray  the  expenses  of
examination  and  administration,  each  cemetery  corporation shall not
later than March fifteenth in each calendar year, pay  to  the  cemetery
board  the  sum  of three dollars per interment and cremation OR NATURAL
ORGANIC REDUCTION in excess of fifteen interments [or],  cremations,  OR
NATURAL  ORGANIC REDUCTIONS for the preceding calendar year. No contrib-
ution shall be collected upon the interment of the [cremains] REMAINS of
a deceased person where a contribution was collected upon  cremation  OR
NATURAL ORGANIC REDUCTION.
  §  5.  Paragraph (c) of section 1510 of the not-for-profit corporation
law, as amended by chapter 579 of the laws of 2006, is amended  to  read
as follows:
  (c)  Record  of  burials,  NATURAL ORGANIC REDUCTIONS or cremations. A
record shall be kept of every burial  in  the  cemetery  of  a  cemetery
corporation,  showing  the  date  of burial, the name, age, and place of
birth of the person buried, when these particulars can  be  conveniently
obtained,  and  the lot, plot, or part thereof, in which such burial was
made. A copy of such record, duly certified by  the  secretary  of  such
corporation,  shall  be  furnished  on  demand  and payment of such fees
therefor as are  allowed  the  county  clerk  for  certified  copies  of
records.  Notwithstanding any other provision of this section, all ceme-
tery corporations which conduct cremations OR NATURAL ORGANIC REDUCTIONS
shall maintain permanent records of  the  name  of  the  deceased  human
being,  the  funeral  home  from  which  the  remains were received, the
receipt of delivery of the deceased human remains, the authorizing agent
for the cremation OR NATURAL ORGANIC REDUCTION, and the manner of dispo-
sition of the [cremains] REMAINS. Such records may be  reviewed  by  the
division of cemeteries at any time.

A. 9839                             4

  §  6.  The  not-for-profit  corporation law is amended by adding a new
section 1518 to read as follows:
§ 1518. NATURAL ORGANIC REDUCTION FACILITY OPERATIONS.
  CEMETERY CORPORATIONS THAT OPERATE A NATURAL ORGANIC REDUCTION FACILI-
TY SHALL HAVE THE FOLLOWING DUTIES AND OBLIGATIONS:
  (A)  MAINTENANCE AND PRIVACY. (1) A NATURAL ORGANIC REDUCTION FACILITY
SHALL BE MAINTAINED IN A  CLEAN,  ORDERLY,  AND  SANITARY  MANNER,  WITH
ADEQUATE  VENTILATION  AND SHALL HAVE A TEMPORARY STORAGE AREA AVAILABLE
TO STORE THE REMAINS OF DECEASED HUMAN  BEINGS  PENDING  DISPOSITION  BY
NATURAL ORGANIC REDUCTION, THE INTERIOR OF WHICH SHALL NOT BE ACCESSIBLE
TO THE GENERAL PUBLIC.
  (2)  ENTRANCES  AND WINDOWS OF THE FACILITY SHALL BE MAINTAINED AT ALL
TIMES TO SECURE PRIVACY, INCLUDING (I) DOORS SHALL BE TIGHTLY CLOSED AND
RIGID; (II) WINDOWS SHALL BE  COVERED;  AND  (III)  ENTRANCES  SHALL  BE
LOCKED  AND  SECURED  WHEN  NOT ACTIVELY ATTENDED BY AUTHORIZED FACILITY
PERSONNEL.
  (B)  NATURAL  ORGANIC  REDUCTION  PROCESS.  (1)  THE  NATURAL  ORGANIC
REDUCTION  PROCESS  SHALL  BE  CONDUCTED  IN  PRIVACY.  NO PERSON EXCEPT
AUTHORIZED PERSONS SHALL BE ADMITTED INTO THE  REDUCTION  AREA,  HOLDING
FACILITY,  OR  THE  TEMPORARY  STORAGE  FACILITY  WHILE  THE  REMAINS OF
DECEASED HUMAN BEINGS ARE BEING NATURALLY ORGANICALLY  REDUCED.  AUTHOR-
IZED PERSONS, ON ADMITTANCE, SHALL COMPLY WITH ALL RULES OF THE CEMETERY
CORPORATION AND NOT INFRINGE UPON THE PRIVACY OF THE REMAINS OF DECEASED
HUMAN BEINGS.
  (2)  THE  FOLLOWING  ARE  AUTHORIZED PERSONS: (I) LICENSED, REGISTERED
FUNERAL DIRECTORS, REGISTERED RESIDENTS, AND ENROLLED STUDENTS OF MORTU-
ARY SCIENCE; (II) OFFICERS AND TRUSTEES  OF  THE  CEMETERY  CORPORATION;
(III)  AUTHORIZED  EMPLOYEES  OR THEIR AUTHORIZED AGENTS OF THE CEMETERY
CORPORATION; (IV) PUBLIC OFFICERS  ACTING  IN  THE  DISCHARGE  OF  THEIR
DUTIES;  (V)  AUTHORIZED  INSTRUCTORS OF FUNERAL DIRECTING SCHOOLS; (VI)
LICENSED PHYSICIANS OR NURSES; AND (VII) MEMBERS OF THE IMMEDIATE FAMILY
OF THE DECEASED AND THEIR AUTHORIZED  AGENTS  AND  DESIGNATED  REPRESEN-
TATIVES.
  (C)  IDENTIFICATION  OF  DECEASED HUMAN BEINGS. (1) NO NATURAL ORGANIC
REDUCTION FACILITY SHALL NATURALLY ORGANICALLY REDUCE THE REMAINS OF ANY
DECEASED HUMAN BEING WITHOUT THE ACCOMPANYING NATURAL ORGANIC  REDUCTION
PERMIT, REQUIRED PURSUANT TO SECTION FORTY-ONE HUNDRED FORTY-FIVE OF THE
PUBLIC  HEALTH LAW WHICH PERMIT SHALL CONSTITUTE PRESUMPTIVE EVIDENCE OF
THE IDENTITY OF THE SAID  REMAINS.  IN  ADDITION,  ALL  NATURAL  ORGANIC
REDUCTION  FACILITIES SITUATED OUTSIDE THE CITY OF NEW YORK, MUST COMPLY
WITH PARAGRAPH (B) OF  SUBDIVISION  TWO  OF  SECTION  FORTY-ONE  HUNDRED
FORTY-FIVE  OF  THE  PUBLIC HEALTH LAW PERTAINING TO THE RECEIPT FOR THE
DECEASED HUMAN BEING. FROM THE TIME OF  SUCH  DELIVERY  TO  THE  NATURAL
ORGANIC REDUCTION FACILITY, UNTIL THE TIME THE NATURAL ORGANIC REDUCTION
FACILITY  DISTRIBUTES  THE  REMAINS  AS  DIRECTED, THE FACILITY SHALL BE
RESPONSIBLE FOR THE REMAINS OF THE  DECEASED  HUMAN  BEING.  FURTHER,  A
NATURAL  ORGANIC REDUCTION AUTHORIZATION FORM SHALL ACCOMPANY THE PERMIT
REQUIRED IN SECTION FORTY-ONE HUNDRED FORTY-FIVE OF  THE  PUBLIC  HEALTH
LAW. THIS FORM, PROVIDED OR APPROVED BY THE FACILITY, SHALL BE SIGNED BY
THE NEXT OF KIN OR AUTHORIZING AGENT ATTESTING TO THE PERMISSION FOR THE
NATURAL ORGANIC REDUCTION OF THE DECEASED, AND DISCLOSING TO THE NATURAL
ORGANIC  REDUCTION  FACILITY  THAT SUCH BODY DOES NOT CONTAIN A BATTERY,
BATTERY PACK, POWER CELL, RADIOACTIVE IMPLANT, OR RADIOACTIVE DEVICE, IF
ANY, AND THAT THESE MATERIALS WERE REMOVED PRIOR TO THE NATURAL  ORGANIC
REDUCTION PROCESS.

A. 9839                             5

  (2) UPON GOOD CAUSE BEING SHOWN REBUTTING THE PRESUMPTION OF THE IDEN-
TITY  OF  SUCH REMAINS, THE NATURAL ORGANIC REDUCTION SHALL NOT COMMENCE
UNTIL REASONABLE CONFIRMATION OF THE  IDENTITY  OF  THE  DECEASED  HUMAN
BEING  IS  MADE. THIS PROOF MAY BE IN THE FORM OF, BUT NOT LIMITED TO, A
SIGNED  AFFIDAVIT  FROM  A LICENSED PHYSICIAN, A MEMBER OF THE FAMILY OF
THE DECEASED HUMAN BEING, THE AUTHORIZING AGENT OR A  COURT  ORDER  FROM
THE  STATE  SUPREME COURT WITHIN THE COUNTY OF THE CEMETERY CORPORATION.
SUCH PROOF SHALL BE PROVIDED BY THE AUTHORIZING AGENT.
  (3) THE FACILITY SHALL HAVE A WRITTEN PLAN TO ASSURE  THAT  THE  IDEN-
TIFICATION  ESTABLISHED BY THE NATURAL ORGANIC REDUCTION PERMIT ACCOMPA-
NIES THE REMAINS OF THE DECEASED HUMAN BEING THROUGH THE NATURAL ORGANIC
REDUCTION PROCESS AND UNTIL THE IDENTITY OF THE DECEASED  IS  ACCURATELY
AND  LEGIBLY  INSCRIBED ON THE CONTAINER IN WHICH THE REMAINS ARE TEMPO-
RARILY PLACED.
  (D) OPENING OF A CONTAINER HOLDING THE REMAINS OF THE  DECEASED  HUMAN
BEING.  (1)  THE REMAINS OF A DECEASED HUMAN BEING SHALL BE DELIVERED TO
THE NATURAL ORGANIC REDUCTION FACILITY IN AN ALTERNATIVE CONTAINER OR IN
EXTERNAL WRAPPINGS SUFFICIENT TO CONTAIN THE REMAINS AND  ALSO  DESIGNED
TO  FULLY  DECOMPOSE IN THE NATURAL REDUCTION PROCESS.  SUCH ALTERNATIVE
CONTAINER OR EXTERNAL WRAPPINGS HOLDING  THE  REMAINS  OF  THE  DECEASED
HUMAN  BEING  SHALL  NOT BE OPENED AFTER DELIVERY TO THE NATURAL ORGANIC
REDUCTION FACILITY UNLESS THERE EXISTS GOOD CAUSE TO CONFIRM THE IDENTI-
TY OF THE DECEASED, OR TO ASSURE THAT  NO  MATERIAL  IS  ENCLOSED  WHICH
MIGHT  CAUSE  INJURY TO EMPLOYEES OR DAMAGE TO NATURAL ORGANIC REDUCTION
FACILITY PROPERTY, OR UPON REASONABLE DEMAND BY MEMBERS OF THE IMMEDIATE
FAMILY OR THE AUTHORIZED AGENT.
  (2) IN SUCH INSTANCES IN WHICH ALTERNATIVE CONTAINER OR WRAPPINGS  ARE
OPENED  AFTER  DELIVERY  TO THE NATURAL ORGANIC REDUCTION FACILITY, SUCH
ACTION SHALL ONLY BE CONDUCTED  BY  THE  LICENSED  FUNERAL  DIRECTOR  OR
REGISTERED  RESIDENT  DELIVERING THE REMAINS OF THE DECEASED HUMAN BEING
AND A RECORD SHALL BE MADE, WHICH SHALL  INCLUDE  THE  REASON  FOR  SUCH
ACTION, THE SIGNATURE OF THE PERSON AUTHORIZING THE OPENING THEREOF, AND
THE  NAMES  OF  THE  PERSON  OPENING  THE CONTAINER OR WRAPPINGS AND THE
WITNESS THERETO, WHICH SHALL BE RETAINED IN THE PERMANENT  FILE  OF  THE
NATURAL  ORGANIC  REDUCTION  FACILITY.  THE  OPENING OF THE CONTAINER OR
WRAPPING SHALL BE CONDUCTED IN THE PRESENCE OF  THE  WITNESS  AND  SHALL
COMPLY WITH ALL RULES AND REGULATIONS INTENDED TO PROTECT THE HEALTH AND
SAFETY OF NATURAL ORGANIC REDUCTION FACILITY PERSONNEL.
  (E)  CEREMONIAL  CASKET NATURAL ORGANIC REDUCTION DISCLOSURE. IN THOSE
INSTANCES IN WHICH THE REMAINS OF DECEASED HUMAN BEINGS ARE TO BE DELIV-
ERED TO A NATURAL ORGANIC REDUCTION FACILITY IN A CASKET THAT IS NOT  TO
BE  NATURALLY  ORGANICALLY  REDUCED WITH THE DECEASED, TIMELY DISCLOSURE
THEREOF MUST BE MADE BY THE PERSON MAKING THE  FUNERAL  ARRANGEMENTS  TO
THE  NATURAL  ORGANIC  REDUCTION  FACILITY THAT PRIOR TO NATURAL ORGANIC
REDUCTION THE REMAINS OF THE DECEASED HUMAN BEING SHALL  BE  TRANSFERRED
TO  AN ALTERNATIVE CONTAINER. SUCH SIGNED ACKNOWLEDGEMENT OF THE AUTHOR-
IZING PERSON, THAT  THE  TIMELY  DISCLOSURE  HAS  BEEN  MADE,  SHALL  BE
RETAINED  BY  THE  NATURAL  ORGANIC  REDUCTION FACILITY IN ITS PERMANENT
RECORDS.
  (F) TRANSFERRING REMAINS. (1) THE REMAINS OF A  DECEASED  HUMAN  BEING
SHALL NOT BE REMOVED FROM THE CASKET, ALTERNATIVE CONTAINER, OR EXTERNAL
WRAPPINGS  IN  WHICH  IT  IS  DELIVERED TO THE NATURAL ORGANIC REDUCTION
FACILITY UNLESS EXPLICIT, SIGNED AUTHORIZATION IS PROVIDED BY THE PERSON
MAKING FUNERAL ARRANGEMENTS OR BY A PUBLIC OFFICER  DISCHARGING  HIS  OR
HER  STATUTORY DUTY, WHICH SIGNED AUTHORIZATION SHALL BE RETAINED BY THE
NATURAL ORGANIC REDUCTION FACILITY IN ITS PERMANENT RECORDS.

A. 9839                             6

  (2) WHEN THE REMAINS OF A DECEASED HUMAN BEING ARE TO  BE  TRANSFERRED
TO  AN ALTERNATIVE CONTAINER, THE TRANSFER SHALL BE CONDUCTED IN PRIVACY
WITH DIGNITY AND RESPECT AND BY THE LICENSED FUNERAL DIRECTOR OR  REGIS-
TERED  RESIDENT  WHO DELIVERED THOSE REMAINS. THE TRANSFERRING OPERATION
SHALL  COMPLY  WITH  ALL  RULES  AND REGULATIONS INTENDED TO PROTECT THE
HEALTH AND SAFETY OF FACILITY PERSONNEL.
  (G) COMMINGLING  HUMAN  REMAINS.  THE  NATURAL  ORGANIC  REDUCTION  OF
REMAINS  OF  MORE THAN ONE DECEASED HUMAN BEING IN A REDUCTION CONTAINER
AT ANY ONE TIME IS UNLAWFUL, EXCEPT UPON THE EXPLICIT,  SIGNED  AUTHORI-
ZATION  PROVIDED  BY  THE  PERSONS  MAKING  FUNERAL ARRANGEMENTS AND THE
SIGNED APPROVAL OF THE NATURAL ORGANIC REDUCTION FACILITY,  WHICH  SHALL
BE  RETAINED  BY THE NATURAL ORGANIC REDUCTION FACILITY IN ITS PERMANENT
RECORDS.
  (H) PROCESSING OF REMAINS. (1) UPON  THE  COMPLETION  OF  THE  NATURAL
ORGANIC REDUCTION OF THE REMAINS OF A DECEASED HUMAN BEING, THE INTERIOR
OF  THE NATURAL ORGANIC REDUCTION CONTAINER SHALL BE THOROUGHLY SWEPT OR
OTHERWISE CLEANED SO AS TO RENDER THE NATURAL ORGANIC REDUCTION CONTAIN-
ER REASONABLY FREE OF ALL MATTER. THE CONTENTS THEREOF SHALL  BE  PLACED
INTO  AN INDIVIDUAL CONTAINER AND NOT COMMINGLED WITH OTHER REMAINS. THE
NATURAL ORGANIC REDUCTION PERMIT SHALL BE  ATTACHED  TO  THE  INDIVIDUAL
CONTAINER PREPARATORY TO FINAL PROCESSING.
  (2) A MAGNET AND SIEVE, OR OTHER APPROPRIATE METHOD OF SEPARATION, MAY
BE  USED TO DIVIDE THE REMAINS FROM UNRECOGNIZABLE INCIDENTAL OR FOREIGN
MATERIAL.
  (3) THE  INCIDENTAL  AND  FOREIGN  MATERIAL  OF  THE  NATURAL  ORGANIC
REDUCTION  PROCESS  SHALL  BE DISPOSED OF IN A SAFE MANNER IN COMPLIANCE
WITH ALL SANITARY RULES AND REGULATIONS AS BYPRODUCTS.
  (4) THE REMAINS SHALL BE PULVERIZED UNTIL NO SINGLE FRAGMENT IS RECOG-
NIZABLE AS SKELETAL TISSUE.
  (5) THE PULVERIZED REMAINS SHALL BE TRANSFERRED TO A CONTAINER  OR  TO
MULTIPLE CONTAINERS, IF SO REQUESTED IN WRITING BY THE PERSON MAKING THE
FUNERAL  ARRANGEMENTS FOR THE NATURAL ORGANIC REDUCTION.  SUCH CONTAINER
OR CONTAINERS SHALL HAVE INSIDE DIMENSIONS OF SUITABLE SIZE  TO  CONTAIN
THE REMAINS OF THE PERSON WHO WAS NATURALLY ORGANICALLY REDUCED.
  (6)  THE  PRESCRIBED  CONTAINER  OR CONTAINERS SHALL BE ACCURATELY AND
LEGIBLY LABELED WITH THE IDENTIFICATION OF THE HUMAN BEING WHOSE REMAINS
ARE CONTAINED THEREIN, IN A MANNER ACCEPTABLE TO THE DIVISION  OF  CEME-
TERIES.
  (I) DISPOSITION OF REMAINS. THE AUTHORIZING AGENT SHALL BE RESPONSIBLE
FOR THE FINAL DISPOSITION OF THE REMAINS. DISPOSITION OF REMAINS RESULT-
ING  FROM THE NATURAL ORGANIC REDUCTION PROCESS ARE NOT RECOVERABLE ONCE
SCATTERED OR INTERRED.  REMAINS SHALL BE DISPOSED OF BY SCATTERING  THEM
IN  A  DESIGNATED  SCATTERING  GARDEN OR AREA IN A CEMETERY, OR BY PRIOR
AUTHORIZATION BY THE CEMETERY CORPORATION, BY PLACING THEM IN  A  GRAVE,
CRYPT,  OR NICHE, OR RETRIEVAL OF THE REMAINS PURSUANT TO PRIOR AUTHORI-
ZATION BY THE AUTHORIZING AGENT OR A PERSON SPECIFICALLY  DESIGNATED  BY
THE AUTHORIZING AGENT.  UPON COMPLETION OF THE NATURAL ORGANIC REDUCTION
PROCESS, THE CEMETERY CORPORATION SHALL NOTIFY THE AUTHORIZING AGENT AND
FUNERAL FIRM MAKING SUCH ARRANGEMENTS THAT THE NATURAL ORGANIC REDUCTION
PROCESS  HAS  BEEN  COMPLETED  AND  THAT  THE REMAINS ARE PREPARED TO BE
DISPOSED OF IN ACCORDANCE WITH THIS PARAGRAPH.   AFTER DISPOSITION,  THE
CEMETERY  CORPORATION  SHALL  BE DISCHARGED FROM ANY LEGAL OBLIGATION OR
LIABILITY CONCERNING THE REMAINS. IF, AFTER  A  PERIOD  OF  ONE  HUNDRED
TWENTY  DAYS FROM THE DATE OF THE NATURAL ORGANIC REDUCTION, THE AUTHOR-
IZING AGENT HAS NOT INSTRUCTED THE CEMETERY CORPORATION TO  ARRANGE  FOR
THE  FINAL  DISPOSITION OF THE REMAINS OR CLAIMED THE REMAINS, THE CEME-

A. 9839                             7

TERY CORPORATION MAY DISPOSE OF THE REMAINS IN ANY MANNER  PERMITTED  BY
THIS  SECTION. THE CEMETERY CORPORATION, HOWEVER, SHALL KEEP A PERMANENT
RECORD IDENTIFYING THE SITE OF FINAL DISPOSITION. THE AUTHORIZING  AGENT
SHALL  BE  RESPONSIBLE  FOR REIMBURSING THE CEMETERY CORPORATION FOR ALL
REASONABLE EXPENSES INCURRED IN DISPOSING OF THE REMAINS. UPON DISPOSING
OF THE REMAINS, THE CEMETERY CORPORATION SHALL BE  DISCHARGED  FROM  ANY
LEGAL  OBLIGATION  OR LIABILITY CONCERNING THE REMAINS.  EXCEPT WITH THE
EXPRESS WRITTEN PERMISSION OF THE AUTHORIZING  AGENT,  NO  PERSON  SHALL
PLACE REMAINS OF MORE THAN ONE PERSON IN THE SAME TEMPORARY CONTAINER OR
URN.
  (J)  NATURAL  ORGANIC  REDUCTION FACILITY OPERATION CERTIFICATION. ANY
EMPLOYEE OF A NATURAL ORGANIC REDUCTION WHOSE FUNCTION IS TO CONDUCT THE
DAILY OPERATIONS OF THE CREMATION OR NATURAL ORGANIC  REDUCTION  PROCESS
SHALL  BE CERTIFIED BY AN ORGANIZATION APPROVED BY THE DIVISION OF CEME-
TERIES. PROOF OF SUCH CERTIFICATION  SHALL  BE  POSTED  IN  THE  NATURAL
ORGANIC REDUCTION FACILITY AND AVAILABLE FOR INSPECTION AT ANY TIME. ANY
NEW  EMPLOYEES  OF  A  NATURAL ORGANIC REDUCTION FACILITY REQUIRED TO BE
CERTIFIED UNDER THIS SECTION SHALL BE CERTIFIED WITHIN ONE YEAR OF THEIR
EMPLOYMENT. ANY  EMPLOYEES  OF  A  NATURAL  ORGANIC  REDUCTION  FACILITY
REQUIRED  TO  BE  CERTIFIED UNDER THIS SECTION AND RETAINED PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE CERTIFIED WITHIN ONE  YEAR  OF
SUCH  EFFECTIVE  DATE.  RENEWAL OF SUCH CERTIFICATION SHALL BE COMPLETED
EVERY FIVE YEARS FROM THE DATE OF CERTIFICATION.
  § 7. This act shall take effect on the ninetieth day  after  it  shall
have become a law.