Notice of Adoption
NOTICE OF ADOPTION
Parts 203 and 204 Natural Organic Reduction
(19 NYCRR Parts 203 and 204)
Effective August 7, 2024
On July 24, 2024, the Department of State filed a Notice of Adoption that amends Parts 203 and 204 of Title 19 of the New York Codes, Rules and Regulations.
This rule will take effect on August 7, 2024.
Background
Chapter 817 of the Laws of 2022, as amended by Chapter 34 of the Laws of 2023, amended Article 15 of the Not-for-Profit Corporation Law (N-PCL), to provide for the creation, operation, and duties of natural organic reduction facilities as cemetery corporations. Section 1518(k) of the N-PCL specifically authorizes the New York State Cemetery Board, in consultation with other state agencies, to promulgate rules and regulations to effectuate the implementation of natural organic reduction facility operations. In addition, N-PCL §1504(c)(1) permits the New York State Cemetery Board to adopt rules and regulations the board deems necessary for the proper administration of Article 15 of the N-PCL. Further, Executive Law §91 permits the Secretary of State to promulgate rules and regulations to regulate and control the exercise of the powers of the Department of State; the New York State Cemetery Board and Division of Cemeteries are housed within the Department of State pursuant to N-PCL §1504(a).
The rule renumbers sections 204.1 to 204.14 of Title 19 of the NYCRR and adds new sections 204.1 to 204.22 of Title 19. Existing rules regarding cremation certification courses are renumbered to 203.15 to 203.28 of Title 19. Part 204 is renamed to “Natural Organic Reduction” and sections 204.1 to sections 204.22 have rules for natural organic reduction operations, facilities, and certification of operators.
The Notice of Adoption will appear in the August 7, 2024, edition of the State Register. On and after August 7, 2024, the August 7, 2024, edition of the State Register can be viewed at https://dos.ny.gov/state-register.
A copy of the rule text is available here.
A copy of the assessment of public comments is available here.