1. Statutory Authority: Executive Law section 91 authorizes the Secretary of State to adopt rules which shall regulate and control the exercise of the powers of the Department of State, and Not-For-Profit Corporation Law (N-PCL) section 1504 (c) authorizes the State Cemetery Board to adopt rules and regulations it deems necessary for the proper administration of N-PCL Article 15 (Public Cemetery Corporations).

2. Legislative Objectives: The legislative intent of N-PCL Article 15 is, among other things: to promote the State’s interest in the establishment, maintenance, and preservation of cemeteries and the proper operation of the corporations which own and manage them; to protect the well-being of citizens; to promote the public welfare; to prevent cemeteries from falling into disrepair and dilapidation, and becoming a burden upon the community; and to ensure that cemeteries are conducted on a non-profit basis for the mutual benefit of the public. Sections 1502(o) and 1517(c)(1) of the Not-for-Profit Corporation Law require that a next of kin or authorizing agent authorize cremation by a signed authorization form and prohibit crematories from cremating remains without the form.

3. Needs and Benefits: 19 NYCRR section 203.13(c) requires that the cremation authorization form set forth the name and address of the crematory, provide explicit authorization to cremate the remains, be signed by the person in control of disposition, and be signed by the funeral director as a witness to its execution. However, during a pandemic a crematory may have to reject delivery of bodies, for example if it is already at capacity or a crematory retort has to be shut down because of overuse. This would require that the name and address of the crematory be changed on the form. The addition of new section 203.14 to part 203 of Title 19 is needed to permit a crematory to accept remains when they are delivered with an authorization form in which the identity of the intended crematory has been manually corrected by a funeral director or a person authorized to deliver remains on behalf of a funeral director. The rule only permits this to occur if the crematory is able to verify the intended final disposition for the remains, and if the person in control of disposition has been made aware of and has consented to delivery of the remains to a different crematory. The rule only applies if the Governor has declared a disaster emergency pursuant to section 28 of the Executive Law or the Cemetery Board determines that emergency conditions exist that substantially delay timely cremation of human remains.

4. Costs: There will be no cost for compliance as the rule does not impose a fee and should save time and expense by simplifying the procedure for sending remains to a different crematory.

5. Local Government Mandates: The rule does not impose any new programs, services, duties or responsibilities upon any county, city, town, village, school district, fire district or other special district.

6. Paperwork: The rule would simplify paperwork requirements during a declared emergency.

7. Duplication: These regulations would not duplicate existing State or Federal regulations.

8. Alternatives: The cremation authorization form has been modified to allow the person executing it to grant permission to the funeral director to send remains to an alternative crematory by manually correcting the form. The alternative of not promulgating this regulation would substantially delay timely cremation of human remains during a declared emergency.

9. Federal Standards: At this time there are no federal standards with regard to delivery of remains to an alternative crematory.

10. Compliance Schedule: This rule becomes effective immediately upon filing.

1. Effect of Rule: There are 49 crematories throughout the State that are under the jurisdiction of the Division of Cemeteries which will be affected by this rule. Funeral homes will also be affected by this rule. This rule would not affect any local governments.

2. Compliance Requirements: This rule would allow crematories to accept remains when they are delivered with a cremation authorization form in which the identity of the intended crematory has been manually corrected by a funeral director or a person authorized to deliver remains on behalf of a funeral director. This rule makes it easier for remains to be delivered to a crematory other than the one that was originally designated in the authorization form. 19 NYCRR section 203.13(c) requires that the cremation authorization form set forth the name and address of the crematory, provide explicit authorization to cremate the remains, be signed by the person in control of disposition, and be signed by the funeral director as a witness to its execution. However, during a pandemic a crematory may have to reject delivery of bodies, for example if it is already at capacity or a crematory retort has to be shut down because of overuse. This rule avoids having to have a new form signed and witnessed when the identity of the crematory is changed. The rule only permits this to occur if the crematory is able to verify the intended final disposition for the remains, and if the person in control of disposition has been made aware of and has consented to delivery of the remains to a different crematory. The rule only applies if the Governor has declared a disaster emergency pursuant to section 28 of the Executive Law or the Cemetery Board determines that emergency conditions exist that substantially delay timely cremation of human remains.

3. Professional Services: No professional services are implicated by this rule.

4. Compliance Costs: There will be no cost for compliance as the rule does not impose a fee and should save time and expense by simplifying the procedure for sending remains to a different crematory.

5. Economic and Technological Feasibility: It is economically and technologically feasible for crematories and funeral homes to comply with the regulation. This rule imposes no substantial capital expenditures. No new technology need be developed for compliance with this rule.

6. Minimizing Adverse Impact: There is no anticipated adverse economic impact of this rule for small businesses and local governments.

7. Small Business and Local Government Participation: The Cemetery Board voted to adopt this rule at a public meeting held on May 1, 2020. The meeting agenda and text of the proposed rule were publicly posted before the meeting and the rule text and Finding of Necessity have been posted on the website of the Division of Cemeteries after the rule was adopted. The meeting was attended by a representative of the New York State Association of Cemeteries as well as representatives of a number of cemeteries. Attendees who spoke at the meeting were supportive.

1. Types and Estimated Number of Rural Areas: Slightly less than half the 49 crematories in the state are located in rural areas.

2. Reporting, Recordkeeping, and other Compliance Requirements; and Professional Services: This rule makes it easier for remains to be delivered to a crematory other than the one that was originally designated in a cremation authorization form. This rule avoids having to have a new form signed and witnessed when the identity of the crematory is changed. The revised authorization form is subject to the same record-keeping requirements for any authorization form; it must be retained in the permanent file of the crematory. No new reporting or record-keeping requirement is imposed and no additional professional services would be required to comply.

3. Costs: There will be no cost for compliance as the rule does not impose a fee and should save time and expense by simplifying the procedure for sending remains to a different crematory.

4. Minimizing Adverse Impact: There is no anticipated adverse economic impact of this rule for rural regions.

5. Rural Area Participation: The Cemetery Board voted to adopt this rule at a public meeting held on May 1, 2020. The meeting agenda and text of the proposed rule were publicly posted before the meeting and the rule text and Finding of Necessity have been posted on the website of the Division of Cemeteries after the rule was adopted. The meeting was attended by a representative of the New York State Association of Cemeteries as well as representatives of a number of cemeteries. Attendees who spoke at the meeting were supportive.

A Job Impact Statement is not required because it is evident from the nature and purpose of this regulation that it would neither create nor eliminate employment positions and/or opportunities and therefore would have no adverse impact on jobs or employment opportunities in New York State.