Assembly Bill A5503

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5503
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. REYES, LUNSFORD, RIVERA, FALL, BURDICK, LUPARDO,
   SEAWRIGHT, SIMON, JACOBSON, JACKSON, HEVESI, COOK  --  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
   authorizing memorial lands facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The not-for-profit corporation law is amended by adding a
 new section 1506-f to read as follows:
 § 1506-F. MEMORIAL LANDS FACILITY.
   (A) ANY PERSON WHO OPERATES AN ENTITY ON LAND, THAT IS PRIMARILY  USED
 ONLY  FOR  THE  RESPECTFUL  DISPOSITION OF CREMATED AND NATURALLY ORGAN-
 ICALLY REDUCED REMAINS SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT
 ISSUED AND APPROVED BY THE CEMETERY BOARD.
   (B) TO RECEIVE A MEMORIAL LANDS FACILITY  PERMIT  THE  OPERATOR  OF  A
 MEMORIAL LANDS FACILITY SHALL BE A NOT-FOR-PROFIT CORPORATION SUBJECT TO
 THE  REGULATORY  OVERSIGHT  OF  THE  CEMETERY BOARD, INCORPORATED IN THE
 STATE, THAT SHALL FILE WITH THE DEPARTMENT AND ADHERE  TO  AN  OPERATION
 PLAN FOR THE MAINTENANCE OF THE LAND AND THE DISPOSITION OF CREMATED AND
 NATURALLY  ORGANICALLY REDUCED REMAINS. THE OPERATION PLAN SHALL INCLUDE
 THE FOLLOWING:
   (1) EVIDENCE OF A PERPETUAL CONSERVATION EASEMENT,  AS  DEFINED  UNDER
 SECTION  49-0303  THE ENVIRONMENTAL CONSERVATION LAW, HELD BY A NOT-FOR-
 PROFIT CONSERVATION ORGANIZATION OR PUBLIC BODY OR  EVIDENCE  THAT  SUCH
 LANDS ARE CEMETERY LANDS;
   (2) A COMMITMENT THAT NO CREMATORY OR COLUMBARIUM SHALL BE CONSTRUCTED
 ON THE MEMORIAL LANDS FACILITY;
   (3)  ANY  PLANS  FOR  A PROPOSED OR EXISTING NATURAL ORGANIC REDUCTION
 FACILITY;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05782-01-5
 A. 5503                             2
 
              

   (4) A COPY OF THE FORM CONTRACT BETWEEN THE  MEMORIAL  LANDS  FACILITY
 AND  THE CONSUMER THAT PERMITS THE DISPOSITION OF CREMATED AND NATURALLY
 ORGANICALLY REDUCED REMAINS; AND
   (5)  THE  RULES  AND REGULATIONS FOR THE MEMORIAL LANDS FACILITY WHICH
 GOVERNS AND SHALL INCLUDE BUT NOT BE LIMITED TO, ACCESS TO THE LAND.
   (C) AN ENTITY HOLDING  A  MEMORIAL  LANDS  FACILITY  PERMIT  SHALL  BE
 SUBJECT  TO  ANY  REGULATIONS  PERTAINING  TO  DISPOSAL  OF  CREMATED OR
 NATURALLY ORGANICALLY REDUCED REMAINS OR DISPOSAL THEREOF IN THIS  ARTI-
 CLE.
   (D)  AS  A  CONDITION  OF APPROVAL FOR SUCH PERMIT, THE OPERATOR SHALL
 PROVIDE CERTIFICATION TO THE CEMETERY BOARD THAT SUCH ACTIVITIES CONFORM
 WITH EXISTING LOCAL ZONING LAWS AND ORDINANCES.
   (E) THE CEMETERY BOARD IS AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
 LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER  THE  PROVISIONS
 OF THIS SECTION.
   § 2. This act shall take effect immediately.