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Bill

S 10255

Relates to major renovations or alterations to a cemetery

2025 Regular Session Introduced by Leroy Comrie

Cemeteries must get board approval and submit a detailed impact report (3 months prior) before major alterations or renovations begin.

REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
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Bill Summary · S 10255

Summary of Bill S. 10255 (2025-2026) – New York

Purpose and intent

  • Establishes formal requirements and a review process for major alterations or renovations to cemeteries operated by not-for-profit corporations.
  • Aims to ensure cemetery projects with potential environmental, health, safety, or community impacts are evaluated and approved before work begins.

Key definitions

  • Major alteration/major renovation is defined as:
    • Any cemetery project for which an environmental assessment form (EAF) is prepared or required.
    • Activities likely to have substantial and adverse impacts on the adjacent community, cemetery lots or lot owners, including demolition, flooding or draining, or construction of buildings/facilities.
    • Excludes:
    • Private mausoleum or lawn crypt construction.
    • Paving of roads.
    • Installation of in-ground utilities not directly adjacent to graves.
    • Construction activities at existing structures not requiring a state or local permit.

Primary provisions

1) Board approval and reporting requirement (new §1506-f)
- A major alteration or renovation cannot start without cemetery board approval.
- Approval is conditioned on submitting a detailed report to the cemetery board at least 3 months before anticipated start.
- The report must describe:
- Method and purpose of the alteration/renovation.
- Proposed cost.
- Additional information as required by the section.

2) Required information in the report (subsection (b))
- The report must address:
- Whether the alteration affects existing graves, markers, crypts, mausoleums, roadways, or pathways.
- Location, design, and duration of the project.
- Financial impact on the applicant.
- Appropriateness for cemetery purposes.
- Potential adverse impact on the surrounding community.
- Potential adverse effects on public health, safety, environment, or natural resources.
- Measures to minimize or eliminate identified impacts.

3) Permits and approvals (subsection (c))
- The report must describe any approvals or permits required by state/local law.
- No cemetery may commence a major alteration that requires external approvals/permits until those approvals/permits are obtained.
- Board approval can be conditioned on obtaining such approvals.

4) Professional certification (subsection (d))
- For projects with estimated cost over $250,000, the report must be certified by a licensed engineer, architect, or landscape architect.

5) Review process and completeness (subsection (e))
- The cemetery board or the division of cemeteries may request additional information within 35 days of receiving the report.
- The submission is not deemed complete until requested information is provided; if no request is made, it is complete 35 days after receipt.

6) Board timeline for decision (subsection (f))
- The cemetery board must approve or deny the proposed major alteration or renovation within 90 days of submission (and completion of any information requests).

Legislative housekeeping

  • Section 1502 (definition addition): Adds the term “major alteration”/“major renovation” to not-for-profit corporation law with detailed scope and exclusions.
  • Section 1506-f (new): Creates the formal process and reporting requirements described above.
  • Section 1508 (amendment): Updates annual reporting requirements for cemetery corporations, aligning with existing oversight. Components include:
    • Condition and assets of the permanent maintenance trust fund.
    • Condition and assets of the perpetual care fund.
    • Funds received in trust related to cemetery operations.
    • Gross proceeds from sale of plots, lots, graves, niches, etc., and disposition of those proceeds.
    • Condition and assets of the monument maintenance fund, if applicable.

Affected entities

  • Not-for-profit cemetery corporations operating in New York.
  • Cemetery boards and the division of cemeteries for review and oversight.
  • Potentially, state or local agencies requiring permits for certain alterations (indirectly through the reporting/approval process).

Effective date

  • Immediate upon enactment.

Potential impact and considerations

  • Strengthens governance and transparency for large cemetery projects by requiring detailed planning, impact assessments, and professional certification for costly undertakings.
  • Provides a structured timeline and clear triggers for environmental, health, and community considerations.
  • Could increase the administrative lead time and costs for major cemetery renovations or alterations, especially for projects exceeding $250,000.
  • Encourages proactive coordination with regulatory permits and local approvals prior to commencement.

If you’d like, I can tailor this into a one-page brief for policymakers or a consumer-friendly FAQ for cemetery owners and lot owners.

Compiled from official sources — confirm details with the bill’s official record.

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