BILL NUMBER: S8366
SPONSOR: RYAN
 
TITLE OF BILL:
An act to amend chapter 560 of the laws of 1998 amending the not-for-
profit corporation law and other laws, relating to combinations of ceme-
tery corporations and funeral entities, and the sale of monuments and
memorials, in relation to the application of provisions of the not-for-
profit corporation law and other laws to certain crematoriums located in
the town of Tonawanda; and to repeal certain provisions of such chapter
relating thereto
 
PURPOSE:
To repeal certain provisions of the not-for-profit corporation law and
other laws relating to combinations of cemetery corporations and funeral
entities, and the sale of monuments and memorials.
 
SUMMARY OF PROVISIONS:
Section 1 declares the legislature's intent with respect to the public
health, safety, and welfare of the residents of the state of New York in
and around the town of Tonawanda.
Section 2 modifies Subdivision 1 of Section 14 of Chapter 560 of the
laws of 1998 to indicate that such provisions apply to a crematory or
crematorium operated by a funeral entity in the town of Tonawanda that
has been subject to a consent order issued by the department of environ-
mental conservation.
Section 3 repeals Subdivision 2 of Section 14 of chapter 560 of the laws
of 1998.
Section 4 is the effective date.
 
EXISTING LAW:
Subdivision 1 of Section 14 of chapter 560 of the laws of 1998, Chapter
514 of the laws of 2021.
 
JUSTIFICATION:
Since the passage of the Anti-Combination Act in 1998, crematoria oper-
ated by grandfathered funeral entities have been unable to relocate
without losing their grandfathered status. As such, the residents of the
State in the town of Tonawanda have been subjected to heightened levels
of air pollution due to aging and failing equipment at a crematorium
located close to residential areas with a consistently poor record of
complying with clean air laws, creating a hazardous environment for
residents and neighborhoods surrounding the crematorium. This specific
crematorium was given the exclusive opportunity to move to another
location within the town of Tonawanda through a clear process estab-
lished by legislation, and failed to do so. This bill revokes said
crematorium's opportunity to move, and revokes its grandfathered status.
 
LEGISLATIVE HISTORY:
2022: S.9011 (Passed Senate).
 
FISCAL IMPLICATIONS:
None.
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.