Notice of Proposed Rule Making

NOTICE OF PROPOSED RULE MAKING Part 204 for Natural Organic Reduction (19 NYCRR Part 204)

This proposed rule making implementing natural organic reduction in New York would renumber sections 204.1 to 204.14 of Title 19 of the NYCRR and add sections 204.1 to 204.22 of Title 19. Specifically, existing rules regarding cremation certification courses would be renumbered to 203.15 to 203.28 of Title 19. Part 204 would be renamed to “Natural Organic Reduction” and sections 204.1 to sections 204.22 would have rules for natural organic reduction operations, facilities, and certification of operators.


Rule Text


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).

Invitation to Participate in Rule Making Process

The Department of State invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule making process.  Interested parties are invited to submit comments on the proposed rule.

If you have suggestions on how the proposed rule could be improved, suggested alternatives to the proposed rule that the Department of State could consider, or any other comments on the proposed rule, please contact Robert Vanderbles by mail at Department of State, One Commerce Plaza, 99 Washington Ave, Suite 1120, Albany NY 12231-0001, by phone at 518-486-7055, or by email at [email protected].

Rule Making Schedule

Published in the New York State Register

August 23, 2023

Public Comment Period Ends                                  October 22, 2023


Note: The proposed rule has not yet been adopted, and Part 204 as not yet been amended in the manner described above.