S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    866
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to New York state  veter-
   ans' cemeteries

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 365 of the executive law, as added
 by section 5 of part W of chapter 57 of the laws of  2013,  the  opening
 paragraph  of  paragraph  (a)  and the opening paragraph and clause 6 of
 subparagraph (ii) of paragraph (h) as amended by section 11 of  part  AA
 of  chapter 56 of the laws of 2019 and paragraphs (b) and (g) as amended
 by a chapter of the laws of 2020, amending the executive law relating to
 costs associated with the establishment  of  New  York  state  veterans'
 cemeteries,  as  proposed  in  legislative  bills numbers S. 8791 and A.
 10782, is amended to read as follows:
   2. The establishment of the first New York  state  veterans  cemetery.
 (a)  The  DIRECTOR  SHALL  ISSUE,  ON  BEHALF  OF THE DIVISION, A PUBLIC
 REQUEST FOR INFORMATION FOR ANY LOCAL GOVERNMENT DESIRING  TO  HAVE  THE
 FIRST  STATE VETERANS CEMETERY LOCATED WITHIN ITS POLITICAL SUBDIVISION.
 SUCH REQUEST SHALL SPECIFY THE  TYPE  OF  INFORMATION  TO  BE  PROVIDED,
 INCLUDING,  AT A MINIMUM, A DETAILED MAP OF THE SITE INCLUDING POTENTIAL
 TRANSPORTATION ROUTES, THE HISTORY OF THE SITE, THE TYPES OF BURIALS THE
 SITE COULD ACCOMMODATE, AND THE ESTIMATED NUMBER OF  VETERANS  WITHIN  A
 SEVENTY-FIVE  MILE  RADIUS  OF  THE  SITE. SUCH REQUESTS FOR INFORMATION
 SHALL BE RETURNABLE TO THE DIVISION BY NO LATER THAN SIXTY DAYS  FOLLOW-
 ING  THE ISSUANCE OF THE REQUESTS FOR INFORMATION. REQUESTS FOR INFORMA-
 TION ISSUED BY AND RETURNED TO THE DIVISION SHALL BE PUBLICLY  AVAILABLE
 AND POSTED ON THE DIVISION'S WEBSITE.
   (A-1)  FOLLOWING  THE DEADLINE FOR THE RETURN OF REQUESTS FOR INFORMA-
 TION PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION,  THE  division,  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07143-01-1

 S. 866                              2
 
 cooperation  with  the United States department of veterans affairs, and
 in consultation with, and upon the support of the  department  of  state
 division  of  cemeteries, is hereby directed to conduct an investigation
 and  study  on  the  issue  of the construction and establishment of the
 first New York state veterans' cemetery. Such  investigation  and  study
 shall include, but not be limited to:
   (i)  Potential  site  locations for such cemetery, with full consider-
 ation as to the needs of the veterans population; ONLY LOCATIONS  WITHIN
 LOCAL GOVERNMENTS THAT HAVE SUBMITTED A REQUEST FOR INFORMATION PURSUANT
 TO  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL BE CONSIDERED AND EACH SUCH
 SUBMISSION SHALL BE CONSIDERED;
   (ii) The size of the cemetery and types of grave sites;
   (iii) The number of annual interments at the cemetery;
   (iv) Transportation accessibility to the cemetery by  veterans,  their
 families and the general public;
   (v) Costs for construction of the cemetery;
   (vi)  Costs of operation of the cemetery, including but not limited to
 staffing costs to maintain the cemetery;
   (vii) Scalability of the cemetery for future growth and expansion;
   (viii) Potential for funding for the cemetery from federal, local  and
 private sources;
   (ix) Cost of maintenance;
   (x) Data on the population that would be served by the site;
   (xi) The average age of the population in the area covered;
   (xii) The mortality rate of the veteran population for the area;
   (xiii) Surrounding land use;
   (xiv) Topography of the land;
   (xv) Site characteristics;
   (xvi) Cost of land acquisition;
   (xvii)  The  location of existing cemeteries including but not limited
 to national veterans' cemeteries,  county  veterans'  cemeteries,  ceme-
 teries  that  have  plots devoted to veterans, not-for-profit cemeteries
 and any other burial ground devoted to veterans and any  other  type  of
 burial  grounds  devoted  to  the  interment of human remains that is of
 public record; and
   (xviii) Such other and further items as the director of  the  division
 deems necessary for the first state veterans cemetery to be successful.
   A report of the investigation and study conclusions shall be delivered
 to  the  governor, the temporary president of the senate, the speaker of
 the assembly and the chair of the senate committee on veterans, homeland
 security and military affairs, and the chair of the  assembly  committee
 on  veterans' affairs by no later than one hundred eighty days after the
 division has commenced the conduct of the investigation and study.
   (A-2) UPON THE COMPLETION OF THE INVESTIGATION AND STUDY, THE  RESULTS
 SHALL  BE  PROVIDED  TO THE SELECTION COMMITTEE. THE SELECTION COMMITTEE
 SHALL CONSIST OF NINE MEMBERS AS FOLLOWS:
   (I) THE DIRECTOR OF THE DIVISION OF VETERAN SERVICES, OR  HIS  OR  HER
 REPRESENTATIVE;
   (II)  THE DIRECTOR OF THE DIVISION OF THE BUDGET, OR HIS OR HER REPRE-
 SENTATIVE;
   (III) THREE MEMBERS APPOINTED BY THE GOVERNOR, TWO OF  WHOM  SHALL  BE
 VETERANS;
   (IV)  TWO  MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
 AT LEAST ONE OF WHOM SHALL BE A VETERAN; AND
   (V) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AT LEAST ONE
 OF WHOM SHALL BE A VETERAN.

 S. 866                              3

   (A-3) THE SELECTION COMMITTEE SHALL BE SUBJECT  TO  ARTICLES  SIX  AND
 SEVEN OF THE PUBLIC OFFICERS LAW. THE SELECTION COMMITTEE SHALL EVALUATE
 THE RESULTS OF THE STUDY AND, UPON A MAJORITY VOTE, MAKE A DETERMINATION
 AS TO THE LOCATION OF THE FIRST STATE VETERANS' CEMETERY. IN MAKING THIS
 DETERMINATION,  THE  COMMITTEE'S  CONSIDERATION  SHALL,  AT  A  MINIMUM,
 INCLUDE:
   (I) THE FINDINGS ESTABLISHED BY THE STUDY;
   (II) THE SUBMITTED RESPONSES TO THE REQUESTS  FOR  INFORMATION  ISSUED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (III)  THE  GUIDELINES  FOR RECEIPT OF FEDERAL FUNDING SPECIFIED IN 38
 USC 2408, 38 CFR 39, AND ANY OTHER RELEVANT  FEDERAL  STATUTE  OR  REGU-
 LATION;
   (IV)  THE  POSSIBILITY  OF  FUNDING  FROM  PRIVATE INDIVIDUALS, CORPO-
 RATIONS, OR FOUNDATIONS; AND
   (V) ANY OTHER CONSIDERATION THAT WOULD FACILITATE THE SUCCESSFUL OPER-
 ATION OF THE FIRST STATE VETERANS' CEMETERY.
   (b) The DIRECTOR OF THE DIVISION, THE COMMISSIONER OF  THE  OFFICE  OF
 GENERAL  SERVICES,  AND  THE  CHAIR  OF THE DIVISION OF CEMETERIES SHALL
 DETERMINE THE AMOUNT OF MONEY NECESSARY  TO  FUND  THE  NON-REIMBURSABLE
 COSTS  OF A STATE VETERANS' CEMETERY, SUCH AS OPERATION AND MAINTENANCE,
 FOR A PERIOD OF NOT LESS THAN TEN YEARS, PROVIDED THAT SUCH AMOUNT SHALL
 NOT INCLUDE MONIES THAT WOULD BE RECOVERABLE BY THE CEMETERY PURSUANT TO
 A CHARGE OF FEE FOR THE PROVISION  OF  A  GRAVESITE  FOR  A  NON-VETERAN
 SPOUSE  OR  ELIGIBLE  DEPENDENT. PRIOR TO SUBMITTING ANY APPLICATION FOR
 FUNDING FROM THE GOVERNMENT OF THE UNITED STATES IN ACCORDANCE WITH  THE
 GRANT  REQUIREMENTS SPECIFIED IN 38 USC 2408, 38 CFR 30, AND OTHER RELE-
 VANT FEDERAL STATUTES OR REGULATIONS, FOR THE PURPOSE OF  SEEKING  FUNDS
 TO  SUPPORT  THE  CONSTRUCTION,  ESTABLISHMENT,  EXPANSION, IMPROVEMENT,
 SUPPORT, OPERATION OR MAINTENANCE OF NEW YORK  STATE'S  VETERANS'  CEME-
 TERIES,  THE  director  of  the [department of state's division of ceme-
 teries,] DIVISION OF THE BUDGET and the office of the state  comptroller
 must certify to the governor, the temporary president of the senate, the
 speaker  of  the assembly, the chair of the senate finance committee and
 the chair of  the  assembly  ways  and  means  committee  that  [at  the
 commencement  of  the  application  process pursuant to paragraph (e) of
 this subdivision  there  are  moneys  sufficient,  adjusted  to  reflect
 projected  future  inflation, to fund the non-reimbursable costs related
 to future operation and maintenance of a state veterans' cemetery for  a
 period  of  not less than ten years, provided that such amount shall not
 include any amount that would be recoverable by the cemetery pursuant to
 a charge of fee for the provision of a  grave  site  for  a  non-veteran
 spouse  or  family  member]  THERE  ARE  SUFFICIENT  FUNDS TO COVER SUCH
 AMOUNT; provided further that  such  moneys  may  include  the  veterans
 remembrance and cemetery maintenance and operation fund created pursuant
 to  section ninety-seven-mmmm of the state finance law. In making such a
 certification, [the director of the division of veterans' services,] the
 director of the division of the budget[, the director of the  department
 of  state's  division  of cemeteries,] and the office of the state comp-
 troller shall consider, but are not limited to, the following factors:
   (i) physical attributes of  the  veterans  cemetery,  including  size,
 location, and terrain;
   (ii)  staffing costs, cost of equipment and equipment maintenance, and
 security costs;
   (iii) relevant state and federal requirements and  specifications  for
 interment and perpetual care;

 S. 866                              4

   (iv)  estimates  provided  by the United States department of veterans
 affairs;
   (v)  any other non-reimbursable fiscal cost, charge or assessment that
 would be incurred by the cemetery.
   (c) [By no later than  ninety  days  following  the  issuance  of  the
 report, pursuant to the rules and regulations issued under paragraph (h)
 of  this  subdivision,  the director shall issue, on behalf of the divi-
 sion, a request for proposals for any local government desiring to  have
 the  first state veterans cemetery located within its political subdivi-
 sion.  Such request for proposals shall be returnable to the division by
 no later than sixty days following  the  issuance  of  the  request  for
 proposals.
   (d)  No later than sixty days following the deadline for the return of
 requests for proposals pursuant to paragraph (c)  of  this  subdivision,
 the director, in consultation with the management board of the first New
 York state veterans cemetery, shall select a site for the first New York
 state  veterans  cemetery.  In  selecting  such site, the director shall
 consider:
   (i) The investigation and study, and the report produced by the  same,
 pursuant to paragraph (a) of this subdivision;
   (ii)  The  submitted  responses  to  the requests for proposals issued
 pursuant to paragraph (b) of this subdivision;
   (iii) The guidelines for  receipt  of  federal  funding  specified  in
 section  2408 of title 38 of the United States code, part 39 of title 38
 of the code of federal regulations, and any other relevant federal stat-
 ute or regulation;
   (iv) The possibility of funding from private individuals, corporations
 or foundations; and
   (v) Any other consideration that would facilitate the successful oper-
 ation of the first New York state veterans cemetery.
   (e) No] ONCE THE CERTIFICATION THAT THERE ARE SUFFICIENT FUNDS  PURSU-
 ANT  TO  PARAGRAPH  (B)  OF THIS SUBDIVISION HAS BEEN MADE, AND NO later
 than thirty days following the selection of the site pursuant  to  para-
 graph  [(d)]  (A-3)  of  this subdivision, the director, in consultation
 with the management board of the first New York state veterans cemetery,
 shall commence the application process for funding from  the  government
 of  the  United States, in accordance with the grant requirements speci-
 fied in section 2408 of title 38 of the United States code, part  39  of
 title  38  of  the  code  of federal regulations, and any other relevant
 federal statute or regulation, for  the  purpose  of  seeking  funds  to
 support   the   construction,   establishment,  expansion,  improvement,
 support, operation, maintenance and the provision of perpetual  care  of
 New  York  state's first veterans cemetery. Such grant application shall
 be based on a site selected pursuant to paragraph [(d)]  (A-3)  of  this
 subdivision,  and shall be consistent with the guidelines for receipt of
 federal funding pursuant to the relevant provisions of federal law.
   [(f)] (D) A management board for the first  New  York  state  veterans
 cemetery  shall  be  appointed  pursuant  to  subdivision  three of this
 section.
   [(g) Nothing in this section shall be construed to authorize the divi-
 sion of veterans' services to submit any application  for  funding  from
 the  government  of  the  United  States  in  accordance  with the grant
 requirements specified in section 2408 of title 38 of the United  States
 code,  part 30 of title 38 of the code of federal regulations, and other
 relevant federal statutes or regulations, for  the  purpose  of  seeking
 funds  to  support  the construction, establishment, expansion, improve-

 S. 866                              5

 ment, support, operation, or maintenance of New York  state's  veterans'
 cemetery  pursuant  to  paragraph  (e)  of  this  subdivision  until the
 completion of the certification pursuant to paragraph (b) of this subdi-
 vision.
   (h)]  (E)  The director shall promulgate rules and regulations govern-
 ing:
   (i) The guidelines and standards for the construction,  establishment,
 expansion,   improvement,   support,   operation,  maintenance  and  the
 provision of perpetual care for a state veterans cemetery.  Such  guide-
 lines shall include, but not be limited to:
   (1) The size and terrain of the cemetery;
   (2)  The  management  and operation of the cemetery, including but not
 limited to:
   (A) Hours of operation;
   (B) Employees, employee relations, and employee duties;
   (C) The conduct and practice of events, ceremonies and programs;
   (D) The filing and compliance of the cemetery with state  and  federal
 regulators; and
   (E)  Such  other  and further operational and management practices and
 procedures as the director shall  determine  to  be  necessary  for  the
 successful operation of a state veterans cemetery.
   (3) The layout of plots;
   (4)  The  locations  of building and infrastructure, including but not
 limited to:
   (A) Electrical lines and facilities;
   (B) Waterlines, irrigation systems, and drainage facilities;
   (C) Trees, flowers and other plantings;
   (D) Non gravesite memorials, gravesite memorials,  mausoleums,  colum-
 barium  niches,  headstones, grave markers, indoor interment facilities,
 committal-service shelters, signage,  flag  poles,  and  other  memorial
 gathering spaces or infrastructure;
   (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
   (F) Ponds, lakes and other water sites;
   (G)  Retaining walls, gates, fences, security systems or other devices
 for cemetery protection; and
   (H) Any other buildings, structures or  infrastructure  necessary  for
 the safe, efficient and effective operation of the cemetery;
   (5)  The  qualifications for interment, consistent with the provisions
 of state and federal law and any requirements pursuant to the receipt of
 federal, state, local or private funds;
   (6) The location and placement of interments;
   (7) Consistent with the provisions of state and federal  law  and  any
 requirements pursuant to the receipt of federal, state, local or private
 funds,  the  financial  management  of  the  cemetery, including but not
 limited to:
   (A) The procedures for the protection and implementation of the  ceme-
 tery's annual budget;
   (B)  The  seeking,  collecting,  deposit  and expenditure of operating
 funds pursuant to the cemetery's budget;
   (C) The seeking, collecting, deposit and expenditure of capital  funds
 pursuant to the cemetery's capital plan;
   (D)  The  seeking,  collecting,  deposit  and expenditure of emergency
 funds to address an unexpected event;
   (E) The assessment, charging,  collection  and  deposit  of  fees  and
 charges;

 S. 866                              6
 
   (F) The management of cemetery finances, both current and future, with
 respect to investments; and
   (G)  Such  other  and further procedures and activities concerning the
 financial management of the cemetery;
   (8) The provision of perpetual care for the  cemetery,  including  but
 not limited to:
   (A)  The  frequency,  standards and methods for the beautification and
 maintenance of grounds,  memorials,  gravesites,  buildings,  ceremonial
 sites, or other locations within, or upon the curtilage of the cemetery;
   (B)  The  frequency, standards and methods for the provision of flags,
 patriotic and military  symbols,  and  other  honorary  items,  at  each
 gravesite and throughout the cemetery; and
   (C)  Such  other  and further standards as are necessary to assure the
 proper perpetual care of the cemetery in a manner befitting the  highest
 level  of  honor and respect deserving to those veterans and their fami-
 lies interred in the cemetery;
   (9) Guidelines and standards for the procurement of land for the ceme-
 tery providing that the state veterans cemetery, and  all  the  property
 upon which it resides shall be owned in fee simple absolute by the state
 of New York;
   (10) Guidelines and standards for the practices and procedures for the
 construction  and  establishment of a state veterans cemetery, including
 contracting  and  purchasing  for  construction  services,  professional
 services,  legal  services, architectural services, consulting services,
 as well as the procurement of materials, all consistent with  the  rele-
 vant provisions of federal, state and local law, the regulations promul-
 gated  thereunder,  and the requirements contained in the grants awarded
 or pursued from the federal government, or any source of  private  fund-
 ing;
   (11) Guidelines and standards for the practices and procedures for the
 expansion  and  improvement  of  a  state  veterans  cemetery, including
 contracting  and  purchasing  for  construction  services,  professional
 services,  legal  services, architectural services, consulting services,
 as well as the procurement of materials, all consistent with  the  rele-
 vant provisions of federal, state and local law, the regulations promul-
 gated  thereunder,  and the requirements contained in the grants awarded
 or pursued from the federal government, or any source of  private  fund-
 ing;
   (12)  Any  other  guidelines  and  standards that would facilitate the
 successful construction, establishment, expansion, improvement, support,
 operation, maintenance and the provision of perpetual care for the state
 veterans cemetery;
   (ii) Guidelines and standards for [the request for proposals for]  any
 local  government  desiring  to  have the first state veterans' cemetery
 located within its political subdivision, [pursuant to paragraph (b)  of
 this subdivision,] including, but not limited to:
   (1) [The form, requirements and standards required for submission of a
 response to the request for proposals;
   (2)  The requirement, if the director so elects, that a response shall
 require the local government to agree to contract with the state of  New
 York that all costs for construction, establishment, expansion, improve-
 ment,  support,  operation,  maintenance  and the provision of perpetual
 care of the veterans cemetery shall be the sole responsibility  of,  and
 paid  by the local government, and that to the extent such costs are not
 paid or reimbursed by the government of the United States, or a  private
 individual, corporation or foundation;

 S. 866                              7

   (3)]  The  requirement  that the local government will comply with all
 state and federal statutes and regulations concerning the  construction,
 establishment,  expansion,  improvement, support, operation, maintenance
 and the provision of perpetual care of the state veterans cemetery,  and
 shall  satisfy  any  and  all applicable state and federal standards and
 requirements for the perpetual care of the state veterans cemetery;
   [(4)] (2) That the state veterans cemetery, and all the property  upon
 which  it  resides shall be owned in fee simple absolute by the state of
 New York;
   [(5)] (3) That all lands upon which such cemetery is  constructed  and
 established  shall  be used solely for state veterans cemetery purposes,
 and for the purpose of providing the honor and remembrance  of  veterans
 and their service through ceremonies and programs;
   [(6)  The  requirement that a response shall require the local govern-
 ment to agree to authorize the state of New York, in the event that  the
 local  government  fails  to  perform its obligations under the contract
 with the state of New York, that the state director of the  division  of
 veterans'  services  shall certify to the comptroller any unpaid amounts
 or any amounts necessary for the state to assume the  obligations  which
 the  local  government  failed to perform, and the comptroller shall, to
 the extent not otherwise prohibited by law, withhold  such  amount  from
 any  state  aid or other amount payable to such local government; to the
 extent that sufficient funds are not available for such withholding, the
 state may pursue any and all available legal  remedies  to  enforce  the
 terms of the contract entered into between the state and a local govern-
 ment pursuant to this subdivision; and
   (7)]  (4) Such other and further requirements as the director may deem
 prudent in the facilitation of the successful siting and operation of  a
 state veterans cemetery in the jurisdiction of the local government; and
   (iii) Such other and further guidelines and standards as are necessary
 for  the successful construction, establishment, expansion, improvement,
 support, operation, maintenance and the provision of perpetual care  for
 a state veterans cemetery[;].
   [(i)]  (F)  Upon  the approval of the application for funding from the
 government of the United States, made pursuant to paragraph [(e)] (C) of
 this subdivision, the director, upon consultation  with  the  management
 board,  shall  commence the process of construction and establishment of
 the first state veterans cemetery. Such process shall be consistent with
 the relevant provisions of local, state and federal law, and  the  rules
 and  regulations  established pursuant to paragraph (h) of this subdivi-
 sion.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the laws of 2020, amending the executive law
 relating to costs associated with the establishment of  New  York  state
 veterans'  cemeteries,  as proposed in legislative bills numbers S. 8791
 and A. 10782, takes effect.