Assembly Bill A11151

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11151
 
                           I N  A S S E M B L Y
 
                              April 28, 2026
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- 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
   establishing  requirements  for  applications for major renovations or
   alterations and reporting by certain cemetery corporations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1502  of  the  not-for-profit corporation law is
 amended by adding a new paragraph (v) to read as follows:
   (V) THE TERM "MAJOR ALTERATION" OR "MAJOR RENOVATION" MEANS A CEMETERY
 PROJECT FOR WHICH AN ENVIRONMENTAL ASSESSMENT FORM (EAF) IS PREPARED  OR
 REQUIRED;  AN  ACTIVITY  WHICH  CAN  REASONABLY  BE  EXPECTED  TO HAVE A
 SUBSTANTIAL AND ADVERSE IMPACT ON THE ADJACENT COMMUNITY,  THE  LOTS  OR
 THE  LOT  OWNERS  OF  THE  CEMETERY,  INCLUDING: DEMOLITION; FLOODING OR
 DRAINING; OR CONSTRUCTION OF BUILDINGS OR FACILITIES.  SUCH  TERM  SHALL
 NOT  INCLUDE THOSE ACTIVITIES COMMENCED WITH RESPECT TO THE CONSTRUCTION
 OF A PRIVATE MAUSOLEUM OR LAWN CRYPT, THE PAVING OF ROADS, THE INSTALLA-
 TION OF  IN  GROUND  UTILITIES  NOT  DIRECTLY  ADJACENT  TO  GRAVES;  OR
 CONSTRUCTION  ACTIVITIES AT EXISTING STRUCTURES NOT REQUIRING A STATE OR
 LOCAL PERMIT.
   § 2. The not-for-profit corporation law is amended  by  adding  a  new
 section 1506-f to read as follows:
 § 1506-F. MAJOR ALTERATION OR MAJOR RENOVATION AT CEMETERY CORPORATIONS.
   (A)  A MAJOR ALTERATION OR MAJOR RENOVATION TO A CEMETERY SHALL NOT BE
 COMMENCED WITHOUT THE APPROVAL OF  THE  CEMETERY  BOARD.  SUCH  APPROVAL
 SHALL  BE CONDITIONED UPON THE SUBMISSION OF A REPORT BY THE CEMETERY IN
 ACCORDANCE WITH THIS SECTION.   SUCH REPORT SHALL BE  SUBMITTED  TO  THE
 CEMETERY  BOARD AT LEAST THREE MONTHS PRIOR TO THE ANTICIPATED COMMENCE-
 MENT DATE OF ANY WORK ON THE PERIOD. THE REPORT SHALL DESCRIBE THE METH-
 OD AND PURPOSE  OF  SUCH  MAJOR  ALTERATION  OR  MAJOR  RENOVATION,  THE
 PROPOSED  COST  THEREOF,  AND INCLUDE FURTHER INFORMATION AS REQUIRED BY
 THIS SECTION.
   (B) A CEMETERY APPLICANT SHALL INCLUDE IN ITS  REPORT  INFORMATION  IN
 RESPONSE TO THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15400-03-6
 A. 11151                            2
 
   (1)  WHETHER  THE  ALTERATION WILL RESULT IN OR AVOID THE DESTRUCTION,
 DAMAGE TO, MODIFICATION OR INTERFERENCE WITH EXISTING GRAVES  AND  MARK-
 ERS, CRYPTS, MAUSOLEUMS, ROADWAYS, AND PATHWAYS;
   (2) THE LOCATION, DESIGN AND DURATION OF THE MAJOR ALTERATION;
   (3) THE FINANCIAL IMPACT ON THE APPLICANT;
   (4) WHETHER THE ALTERATION WILL BE APPROPRIATE FOR CEMETERY PURPOSES;
   (5)  WHETHER  THE  ALTERATION  WILL  HAVE  AN  ADVERSE  IMPACT  ON THE
 SURROUNDING COMMUNITY;
   (6) WHETHER THE ALTERATION WILL HAVE THE POTENTIAL TO ADVERSELY AFFECT
 THE PUBLIC HEALTH AND SAFETY, THE ENVIRONMENT OR NATURAL RESOURCES; AND
   (7) THE DEGREE TO WHICH MEASURES WILL BE TAKEN TO MINIMIZE  OR  ELIMI-
 NATE THESE IMPACTS.
   (C)  AN  APPLICANT  SHALL  INCLUDE  IN ITS REPORT A DESCRIPTION OF ANY
 APPROVALS OR PERMITS REQUIRED BY STATE OR LOCAL LAW. NO  CEMETERY  SHALL
 COMMENCE  A  MAJOR ALTERATION OR MAJOR RENOVATION WHICH REQUIRES A STATE
 OR LOCAL GOVERNMENT APPROVAL OR PERMIT UNTIL SUCH APPROVAL OR PERMIT HAS
 BEEN OBTAINED. ANY BOARD APPROVAL OF A  MAJOR  ALTERATION  SHALL  BE  SO
 CONDITIONED.
   (D)  A  REPORT  SUBMITTED  FOR  A MAJOR ALTERATION OR MAJOR RENOVATION
 EXPECTED TO COST IN EXCESS OF TWO HUNDRED FIFTY THOUSAND  DOLLARS  SHALL
 BE CERTIFIED BY A LICENSED ENGINEER, ARCHITECT OR LANDSCAPE ARCHITECT.
   (E) WITHIN THIRTY-FIVE DAYS FOLLOWING RECEIPT OF THE REPORT, THE CEME-
 TERY  BOARD  OR THE DIVISION OF CEMETERIES MAY REQUEST FROM THE CEMETERY
 CORPORATION ANY ADDITIONAL INFORMATION OR  DOCUMENTATION  AND  TECHNICAL
 ASSISTANCE DEEMED NECESSARY TO REVIEW SUCH REPORT. SUCH REPORT SHALL NOT
 BE DEEMED COMPLETE UNTIL THE REQUESTED 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 DIVISION.
   (F) THE CEMETERY BOARD SHALL APPROVE OR DENY THE PROPOSED MAJOR ALTER-
 ATION OR MAJOR RENOVATION WITHIN NINETY DAYS.
   § 3. Paragraph (a) of section 1508 of the  not-for-profit  corporation
 law,  as  added  by  chapter  871 of the laws of 1977, subparagraph 6 as
 added by chapter 608 of the laws of 1985, is amended to read as follows:
   (a) Annual report. Each cemetery corporation shall, on or  before  the
 fifteenth day of [March] APRIL after the end of its calendar year, or if
 on  a  fiscal  year the [seventy-fifth] NINETIETH day after the close of
 such year, file with the cemetery board (1) a statement as to the condi-
 tion of the permanent maintenance trust  fund  and  a  schedule  of  the
 assets  of such fund. (2) a statement as to the condition of the perpet-
 ual care fund and a schedule of the assets of such fund. (3) a statement
 as to the condition of the moneys and properties received by  the  ceme-
 tery  corporation  in trust under the provisions of [subdivisions] PARA-
 GRAPHS (f) and (g) of section fifteen hundred seven of this article. (4)
 a statement of the gross proceeds of the sale of plots, lots  and  parts
 thereof,  graves,  niches  and  crypts  showing  the disposition of such
 proceeds and (5) a statement of changes in  the  number  and  amount  of
 certificates of indebtedness in accordance with the provisions of [para-
 graph]  SUBPARAGRAPH  three  of  [subdivision]  PARAGRAPH (a) of section
 fifteen hundred eleven of this article. (6) a statement as to the condi-
 tion of the monument maintenance fund, if any, and  a  schedule  of  the
 assets of such fund.
   § 4.  This act shall take effect immediately.