STATE OF NEW YORK ________________________________________________________________________ 866 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to New York state veter- ans' cemeteries The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 365 of the executive law, as added 2 by section 5 of part W of chapter 57 of the laws of 2013, the opening 3 paragraph of paragraph (a) and the opening paragraph and clause 6 of 4 subparagraph (ii) of paragraph (h) as amended by section 11 of part AA 5 of chapter 56 of the laws of 2019 and paragraphs (b) and (g) as amended 6 by a chapter of the laws of 2020, amending the executive law relating to 7 costs associated with the establishment of New York state veterans' 8 cemeteries, as proposed in legislative bills numbers S. 8791 and A. 9 10782, is amended to read as follows: 10 2. The establishment of the first New York state veterans cemetery. 11 (a) The director shall issue, on behalf of the division, a public 12 request for information for any local government desiring to have the 13 first state veterans cemetery located within its political subdivision. 14 Such request shall specify the type of information to be provided, 15 including, at a minimum, a detailed map of the site including potential 16 transportation routes, the history of the site, the types of burials the 17 site could accommodate, and the estimated number of veterans within a 18 seventy-five mile radius of the site. Such requests for information 19 shall be returnable to the division by no later than sixty days follow- 20 ing the issuance of the requests for information. Requests for informa- 21 tion issued by and returned to the division shall be publicly available 22 and posted on the division's website. 23 (a-1) Following the deadline for the return of requests for informa- 24 tion pursuant to paragraph (a) of this subdivision, the division, in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07143-01-1

S. 866 2 1 cooperation with the United States department of veterans affairs, and 2 in consultation with, and upon the support of the department of state 3 division of cemeteries, is hereby directed to conduct an investigation 4 and study on the issue of the construction and establishment of the 5 first New York state veterans' cemetery. Such investigation and study 6 shall include, but not be limited to: 7 (i) Potential site locations for such cemetery, with full consider- 8 ation as to the needs of the veterans population; only locations within 9 local governments that have submitted a request for information pursuant 10 to paragraph (a) of this subdivision shall be considered and each such 11 submission shall be considered; 12 (ii) The size of the cemetery and types of grave sites; 13 (iii) The number of annual interments at the cemetery; 14 (iv) Transportation accessibility to the cemetery by veterans, their 15 families and the general public; 16 (v) Costs for construction of the cemetery; 17 (vi) Costs of operation of the cemetery, including but not limited to 18 staffing costs to maintain the cemetery; 19 (vii) Scalability of the cemetery for future growth and expansion; 20 (viii) Potential for funding for the cemetery from federal, local and 21 private sources; 22 (ix) Cost of maintenance; 23 (x) Data on the population that would be served by the site; 24 (xi) The average age of the population in the area covered; 25 (xii) The mortality rate of the veteran population for the area; 26 (xiii) Surrounding land use; 27 (xiv) Topography of the land; 28 (xv) Site characteristics; 29 (xvi) Cost of land acquisition; 30 (xvii) The location of existing cemeteries including but not limited 31 to national veterans' cemeteries, county veterans' cemeteries, ceme- 32 teries that have plots devoted to veterans, not-for-profit cemeteries 33 and any other burial ground devoted to veterans and any other type of 34 burial grounds devoted to the interment of human remains that is of 35 public record; and 36 (xviii) Such other and further items as the director of the division 37 deems necessary for the first state veterans cemetery to be successful. 38 A report of the investigation and study conclusions shall be delivered 39 to the governor, the temporary president of the senate, the speaker of 40 the assembly and the chair of the senate committee on veterans, homeland 41 security and military affairs, and the chair of the assembly committee 42 on veterans' affairs by no later than one hundred eighty days after the 43 division has commenced the conduct of the investigation and study. 44 (a-2) Upon the completion of the investigation and study, the results 45 shall be provided to the selection committee. The selection committee 46 shall consist of nine members as follows: 47 (i) The director of the division of veteran services, or his or her 48 representative; 49 (ii) The director of the division of the budget, or his or her repre- 50 sentative; 51 (iii) Three members appointed by the governor, two of whom shall be 52 veterans; 53 (iv) Two members appointed by the temporary president of the senate, 54 at least one of whom shall be a veteran; and 55 (v) Two members appointed by the speaker of the assembly, at least one 56 of whom shall be a veteran.

S. 866 3 1 (a-3) The selection committee shall be subject to articles six and 2 seven of the public officers law. The selection committee shall evaluate 3 the results of the study and, upon a majority vote, make a determination 4 as to the location of the first state veterans' cemetery. In making this 5 determination, the committee's consideration shall, at a minimum, 6 include: 7 (i) The findings established by the study; 8 (ii) The submitted responses to the requests for information issued 9 pursuant to paragraph (a) of this subdivision; 10 (iii) The guidelines for receipt of federal funding specified in 38 11 USC 2408, 38 CFR 39, and any other relevant federal statute or regu- 12 lation; 13 (iv) The possibility of funding from private individuals, corpo- 14 rations, or foundations; and 15 (v) Any other consideration that would facilitate the successful oper- 16 ation of the first state veterans' cemetery. 17 (b) The director of the division, the commissioner of the office of 18 general services, and the chair of the division of cemeteries shall 19 determine the amount of money necessary to fund the non-reimbursable 20 costs of a state veterans' cemetery, such as operation and maintenance, 21 for a period of not less than ten years, provided that such amount shall 22 not include monies that would be recoverable by the cemetery pursuant to 23 a charge of fee for the provision of a gravesite for a non-veteran 24 spouse or eligible dependent. Prior to submitting any application for 25 funding from the government of the United States in accordance with the 26 grant requirements specified in 38 USC 2408, 38 CFR 30, and other rele- 27 vant federal statutes or regulations, for the purpose of seeking funds 28 to support the construction, establishment, expansion, improvement, 29 support, operation or maintenance of New York state's veterans' ceme- 30 teries, the director of the [~~department of state's division of ceme-~~ 31 ~~teries,~~] division of the budget and the office of the state comptroller 32 must certify to the governor, the temporary president of the senate, the 33 speaker of the assembly, the chair of the senate finance committee and 34 the chair of the assembly ways and means committee that [~~at the~~ 35 ~~commencement of the application process pursuant to paragraph (e) of~~ 36 ~~this subdivision there are moneys sufficient, adjusted to reflect~~ 37 ~~projected future inflation, to fund the non-reimbursable costs related~~ 38 ~~to future operation and maintenance of a state veterans' cemetery for a~~ 39 ~~period of not less than ten years, provided that such amount shall not~~ 40 ~~include any amount that would be recoverable by the cemetery pursuant to~~ 41 ~~a charge of fee for the provision of a grave site for a non-veteran~~ 42 ~~spouse or family member~~] there are sufficient funds to cover such 43 amount; provided further that such moneys may include the veterans 44 remembrance and cemetery maintenance and operation fund created pursuant 45 to section ninety-seven-mmmm of the state finance law. In making such a 46 certification, [~~the director of the division of veterans' services,~~] the 47 director of the division of the budget[~~, the director of the department~~ 48 ~~of state's division of cemeteries,~~] and the office of the state comp- 49 troller shall consider, but are not limited to, the following factors: 50 (i) physical attributes of the veterans cemetery, including size, 51 location, and terrain; 52 (ii) staffing costs, cost of equipment and equipment maintenance, and 53 security costs; 54 (iii) relevant state and federal requirements and specifications for 55 interment and perpetual care;

S. 866 4 1 (iv) estimates provided by the United States department of veterans 2 affairs; 3 (v) any other non-reimbursable fiscal cost, charge or assessment that 4 would be incurred by the cemetery. 5 (c) [~~By no later than ninety days following the issuance of the~~ 6 ~~report, pursuant to the rules and regulations issued under paragraph (h)~~ 7 ~~of this subdivision, the director shall issue, on behalf of the divi-~~ 8 ~~sion, a request for proposals for any local government desiring to have~~ 9 ~~the first state veterans cemetery located within its political subdivi-~~ 10 ~~sion. Such request for proposals shall be returnable to the division by~~ 11 ~~no later than sixty days following the issuance of the request for~~ 12 ~~proposals.~~ 13 ~~(d) No later than sixty days following the deadline for the return of~~ 14 ~~requests for proposals pursuant to paragraph (c) of this subdivision,~~ 15 ~~the director, in consultation with the management board of the first New~~ 16 ~~York state veterans cemetery, shall select a site for the first New York~~ 17 ~~state veterans cemetery. In selecting such site, the director shall~~ 18 ~~consider:~~ 19 ~~(i) The investigation and study, and the report produced by the same,~~ 20 ~~pursuant to paragraph (a) of this subdivision;~~ 21 ~~(ii) The submitted responses to the requests for proposals issued~~ 22 ~~pursuant to paragraph (b) of this subdivision;~~ 23 ~~(iii) The guidelines for receipt of federal funding specified in~~ 24 ~~section 2408 of title 38 of the United States code, part 39 of title 38~~ 25 ~~of the code of federal regulations, and any other relevant federal stat-~~ 26 ~~ute or regulation;~~ 27 ~~(iv) The possibility of funding from private individuals, corporations~~ 28 ~~or foundations; and~~ 29 ~~(v) Any other consideration that would facilitate the successful oper-~~ 30 ~~ation of the first New York state veterans cemetery.~~ 31 ~~(e) No~~] Once the certification that there are sufficient funds pursu- 32 ant to paragraph (b) of this subdivision has been made, and no later 33 than thirty days following the selection of the site pursuant to para- 34 graph [~~(d)~~] (a-3) of this subdivision, the director, in consultation 35 with the management board of the first New York state veterans cemetery, 36 shall commence the application process for funding from the government 37 of the United States, in accordance with the grant requirements speci- 38 fied in section 2408 of title 38 of the United States code, part 39 of 39 title 38 of the code of federal regulations, and any other relevant 40 federal statute or regulation, for the purpose of seeking funds to 41 support the construction, establishment, expansion, improvement, 42 support, operation, maintenance and the provision of perpetual care of 43 New York state's first veterans cemetery. Such grant application shall 44 be based on a site selected pursuant to paragraph [~~(d)~~] (a-3) of this 45 subdivision, and shall be consistent with the guidelines for receipt of 46 federal funding pursuant to the relevant provisions of federal law. 47 [~~(f)~~] (d) A management board for the first New York state veterans 48 cemetery shall be appointed pursuant to subdivision three of this 49 section. 50 [~~(g) Nothing in this section shall be construed to authorize the divi-~~ 51 ~~sion of veterans' services to submit any application for funding from~~ 52 ~~the government of the United States in accordance with the grant~~ 53 ~~requirements specified in section 2408 of title 38 of the United States~~ 54 ~~code, part 30 of title 38 of the code of federal regulations, and other~~ 55 ~~relevant federal statutes or regulations, for the purpose of seeking~~ 56 ~~funds to support the construction, establishment, expansion, improve-~~

S. 866 5 1 ~~ment, support, operation, or maintenance of New York state's veterans'~~ 2 ~~cemetery pursuant to paragraph (e) of this subdivision until the~~ 3 ~~completion of the certification pursuant to paragraph (b) of this subdi-~~ 4 ~~vision.~~ 5 ~~(h)~~] (e) The director shall promulgate rules and regulations govern- 6 ing: 7 (i) The guidelines and standards for the construction, establishment, 8 expansion, improvement, support, operation, maintenance and the 9 provision of perpetual care for a state veterans cemetery. Such guide- 10 lines shall include, but not be limited to: 11 (1) The size and terrain of the cemetery; 12 (2) The management and operation of the cemetery, including but not 13 limited to: 14 (A) Hours of operation; 15 (B) Employees, employee relations, and employee duties; 16 (C) The conduct and practice of events, ceremonies and programs; 17 (D) The filing and compliance of the cemetery with state and federal 18 regulators; and 19 (E) Such other and further operational and management practices and 20 procedures as the director shall determine to be necessary for the 21 successful operation of a state veterans cemetery. 22 (3) The layout of plots; 23 (4) The locations of building and infrastructure, including but not 24 limited to: 25 (A) Electrical lines and facilities; 26 (B) Waterlines, irrigation systems, and drainage facilities; 27 (C) Trees, flowers and other plantings; 28 (D) Non gravesite memorials, gravesite memorials, mausoleums, colum- 29 barium niches, headstones, grave markers, indoor interment facilities, 30 committal-service shelters, signage, flag poles, and other memorial 31 gathering spaces or infrastructure; 32 (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts; 33 (F) Ponds, lakes and other water sites; 34 (G) Retaining walls, gates, fences, security systems or other devices 35 for cemetery protection; and 36 (H) Any other buildings, structures or infrastructure necessary for 37 the safe, efficient and effective operation of the cemetery; 38 (5) The qualifications for interment, consistent with the provisions 39 of state and federal law and any requirements pursuant to the receipt of 40 federal, state, local or private funds; 41 (6) The location and placement of interments; 42 (7) Consistent with the provisions of state and federal law and any 43 requirements pursuant to the receipt of federal, state, local or private 44 funds, the financial management of the cemetery, including but not 45 limited to: 46 (A) The procedures for the protection and implementation of the ceme- 47 tery's annual budget; 48 (B) The seeking, collecting, deposit and expenditure of operating 49 funds pursuant to the cemetery's budget; 50 (C) The seeking, collecting, deposit and expenditure of capital funds 51 pursuant to the cemetery's capital plan; 52 (D) The seeking, collecting, deposit and expenditure of emergency 53 funds to address an unexpected event; 54 (E) The assessment, charging, collection and deposit of fees and 55 charges;

S. 866 6 1 (F) The management of cemetery finances, both current and future, with 2 respect to investments; and 3 (G) Such other and further procedures and activities concerning the 4 financial management of the cemetery; 5 (8) The provision of perpetual care for the cemetery, including but 6 not limited to: 7 (A) The frequency, standards and methods for the beautification and 8 maintenance of grounds, memorials, gravesites, buildings, ceremonial 9 sites, or other locations within, or upon the curtilage of the cemetery; 10 (B) The frequency, standards and methods for the provision of flags, 11 patriotic and military symbols, and other honorary items, at each 12 gravesite and throughout the cemetery; and 13 (C) Such other and further standards as are necessary to assure the 14 proper perpetual care of the cemetery in a manner befitting the highest 15 level of honor and respect deserving to those veterans and their fami- 16 lies interred in the cemetery; 17 (9) Guidelines and standards for the procurement of land for the ceme- 18 tery providing that the state veterans cemetery, and all the property 19 upon which it resides shall be owned in fee simple absolute by the state 20 of New York; 21 (10) Guidelines and standards for the practices and procedures for the 22 construction and establishment of a state veterans cemetery, including 23 contracting and purchasing for construction services, professional 24 services, legal services, architectural services, consulting services, 25 as well as the procurement of materials, all consistent with the rele- 26 vant provisions of federal, state and local law, the regulations promul- 27 gated thereunder, and the requirements contained in the grants awarded 28 or pursued from the federal government, or any source of private fund- 29 ing; 30 (11) Guidelines and standards for the practices and procedures for the 31 expansion and improvement of a state veterans cemetery, including 32 contracting and purchasing for construction services, professional 33 services, legal services, architectural services, consulting services, 34 as well as the procurement of materials, all consistent with the rele- 35 vant provisions of federal, state and local law, the regulations promul- 36 gated thereunder, and the requirements contained in the grants awarded 37 or pursued from the federal government, or any source of private fund- 38 ing; 39 (12) Any other guidelines and standards that would facilitate the 40 successful construction, establishment, expansion, improvement, support, 41 operation, maintenance and the provision of perpetual care for the state 42 veterans cemetery; 43 (ii) Guidelines and standards for [~~the request for proposals for~~] any 44 local government desiring to have the first state veterans' cemetery 45 located within its political subdivision, [~~pursuant to paragraph (b) of~~ 46 ~~this subdivision,~~] including, but not limited to: 47 (1) [~~The form, requirements and standards required for submission of a~~ 48 ~~response to the request for proposals;~~ 49 ~~(2) The requirement, if the director so elects, that a response shall~~ 50 ~~require the local government to agree to contract with the state of New~~ 51 ~~York that all costs for construction, establishment, expansion, improve-~~ 52 ~~ment, support, operation, maintenance and the provision of perpetual~~ 53 ~~care of the veterans cemetery shall be the sole responsibility of, and~~ 54 ~~paid by the local government, and that to the extent such costs are not~~ 55 ~~paid or reimbursed by the government of the United States, or a private~~ 56 ~~individual, corporation or foundation;~~

S. 866 7 1 ~~(3)~~] The requirement that the local government will comply with all 2 state and federal statutes and regulations concerning the construction, 3 establishment, expansion, improvement, support, operation, maintenance 4 and the provision of perpetual care of the state veterans cemetery, and 5 shall satisfy any and all applicable state and federal standards and 6 requirements for the perpetual care of the state veterans cemetery; 7 [~~(4)~~] (2) That the state veterans cemetery, and all the property upon 8 which it resides shall be owned in fee simple absolute by the state of 9 New York; 10 [~~(5)~~] (3) That all lands upon which such cemetery is constructed and 11 established shall be used solely for state veterans cemetery purposes, 12 and for the purpose of providing the honor and remembrance of veterans 13 and their service through ceremonies and programs; 14 [~~(6) The requirement that a response shall require the local govern-~~ 15 ~~ment to agree to authorize the state of New York, in the event that the~~ 16 ~~local government fails to perform its obligations under the contract~~ 17 ~~with the state of New York, that the state director of the division of~~ 18 ~~veterans' services shall certify to the comptroller any unpaid amounts~~ 19 ~~or any amounts necessary for the state to assume the obligations which~~ 20 ~~the local government failed to perform, and the comptroller shall, to~~ 21 ~~the extent not otherwise prohibited by law, withhold such amount from~~ 22 ~~any state aid or other amount payable to such local government; to the~~ 23 ~~extent that sufficient funds are not available for such withholding, the~~ 24 ~~state may pursue any and all available legal remedies to enforce the~~ 25 ~~terms of the contract entered into between the state and a local govern-~~ 26 ~~ment pursuant to this subdivision; and~~ 27 ~~(7)~~] (4) Such other and further requirements as the director may deem 28 prudent in the facilitation of the successful siting and operation of a 29 state veterans cemetery in the jurisdiction of the local government; and 30 (iii) Such other and further guidelines and standards as are necessary 31 for the successful construction, establishment, expansion, improvement, 32 support, operation, maintenance and the provision of perpetual care for 33 a state veterans cemetery[;]. 34 [~~(i)~~] (f) Upon the approval of the application for funding from the 35 government of the United States, made pursuant to paragraph [~~(e)~~] (c) of 36 this subdivision, the director, upon consultation with the management 37 board, shall commence the process of construction and establishment of 38 the first state veterans cemetery. Such process shall be consistent with 39 the relevant provisions of local, state and federal law, and the rules 40 and regulations established pursuant to paragraph (h) of this subdivi- 41 sion. 42 § 2. This act shall take effect on the same date and in the same 43 manner as a chapter of the laws of 2020, amending the executive law 44 relating to costs associated with the establishment of New York state 45 veterans' cemeteries, as proposed in legislative bills numbers S. 8791 46 and A. 10782, takes effect.

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