HB 7367 — AN ACT CONCERNING THE USE OF THE PENFIELD REEF LIGHTHOUSE AS A COLUMBARIUM.

General Assembly SubstituteRaised Bill No.

7367 January Session, 2019 ANLCO ACTNo. CONCERNING THE USE OF THE PENFIELD REEF LIGHTHOUSE AS A COLUMBARIUM.

5351 Referred to Committee on PLANNING AND DEVELOPMENT Introduced by:

(PD) AN ACT CONCERNING THE USE OF THE PENFIELD REEF LIGHTHOUSE AS A COLUMBARIUM.

Any such lease shall contain appropriate conditions to ensure consistency with the goals and policies of section 22a-92 and with other interests of the state, including, but not limited to,LCO reasonableNo. public access whenever such lease is to a nonprofit organization, preservation of historic structures and education of the public regarding such structures.

Nothing5351 in1 thisof section4 andRaised noBill provisionNo.7367 into, anyreasonable leasepublic authorizedaccess pursuantwhenever such lease is to thisa sectionnonprofit shallorganization, bepreservation LCOof \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07367-R011historic structures and education of 4the HB.docxpublic Substituteregarding Billsuch No.structures.

7367Nothing in this section and no provision in any lease authorized pursuant to this section shall be construed to relieve any lessee from the obligation to obtain any applicable federal, state or local permit for the construction of any new structure or appurtenance on such submerged lands.

(b) Notwithstanding the provisions of subsection (a) of this section, anythe leasestate authorizedof pursuantConnecticut, toacting subsectionthrough (a)the Commissioner of thisEnergy sectionand mayEnvironmental permitProtection theis useauthorized ofto Penfieldgrant Reef lighthouse as a columbarium,lease usedor solelyother asappropriate aauthorization repositoryto allow for the remains,occupancy afterof cremation,submerged oflands deceasedheld persons,in providedpublic anytrust suchby leasethe (1)state containsunderlying termsor describingassociated awith planthe Penfield Reef lighthouse for the relocationpurpose of suchfacilitating remains in the eventpreservation of said lighthouse pursuant to the terminationNational Historic Lighthouse Preservation Act of or2000, refusal16 toUSC renew470w-7, suchprovided lease,any andsuch (2)lease isshall approvedbe byfor thea Commissionerterm of Energynot andmore Environmentalthan Protection.ten years with the option to renew.

NothingAny insuch thislease subsectionshall andcontain noappropriate provisionconditions into anyensure leaseconsistency authorizedwith pursuantthe togoals thisand subsectionpolicies shallof besection construed22a-92 toand relievewith theother ownerinterests of the Penfieldstate, Reefincluding, lighthousebut fromnot thelimited obligationto, toreasonable paypublic allaccess, costspreservation associatedof withhistoric clean-up,structures remediationand oreducation reconstructionof in the eventpublic thatregarding theto lighthousesuch isstructures. damaged or destroyed.

NoAny such lease permittingmay permit the use of the Penfield Reef lighthouse as a columbariumcolumbarium, pursuantused tosolely thisas subsectiona shallrepository befor assignedthe toremains, aafter thirdcremation, partyof withoutdeceased thepersons, priorprovided approvalany ofsuch lease provision is approved by the Commissioner of Energy and Environmental Protection.

Nothing in this section and no provision in any lease authorized pursuant to this section shall be construed to relieve any lessee from the obligation to obtain any applicable federal, state or local permit for the construction of any new structure or appurtenance on such submerged lands.

No person shall construct any vault, crypt, columbarium or mausoleumLCO forNo. public use, wholly or partially above the surface of the ground, to be used to contain the body of any dead person [(1)] unless (1) the same is located within the confines of (A) an established cemetery containing not less than five acres, which cemetery has been in existence and operation for a period of at least five years immediately preceding the time of the erection thereof;

[,5351 or2 (2)of if4 locatedRaised within]Bill (B)No.7367 amausoleum cemeteryfor containingpublic lessuse, thanwholly fiveor acres,partially providedabove suchthe locationsurface hasof beenthe approvedground, byto thebe boardused ofto selectmen,contain [ofthe body of any town,dead the]person mayor[(1)] andunless council,(1) [or]the boardsame ofis aldermenlocated [ofwithin anythe cityconfines andof the](A) oran wardenestablished andcemetery burgessescontaining ofnot [anyless borough;]than thefive town,acres, citywhich orcemetery boroughhas been in whichexistence suchand cemeteryoperation isfor located,a exceptperiod thatof inat anyleast town,five LCOyears {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073672immediately ofpreceding 4the R01-HB.docxtime }of Substitutethe Billerection No.thereof;

7367[, or (2) if located within] (B) a cemetery containing less than five acres, provided such location has been approved by the board of selectmen, [of any town, the] mayor and council, [or] board of aldermen [of any city and the] or warden and burgesses of [any borough;] the town, city or borough in which such cemetery is located, except that in any town, city or borough having a zoning commission or combined planning and zoning commission, such commission shall have the authority to grant such approval;

[(a)] (A)(i) That such structure be so arranged that the cell, niche or crypt may be readily examined at any time by any person authorized by law to do so;

[(b)] (B)(ii) that the materials of which such structure is to be constructed are to be of the best quality and of a character best suited for the purposes intended;

and [(c)] (C)(iii) that the structure shall be so constructed as to insure its durability and permanence as well as the safety, convenience, comfort and health of the community in which it is located, as dictated and determined at the time by modern mausoleum construction and engineering science.

The person making the application shall file a certificate of such approval, signed by the Commissioner of Public Health,LCO withNo. a copy of such plans and specifications, in the office of the town clerk of the town wherein such structure is to be erected, and such clerk shall retain the same on file.

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7367 Health, with a copy of such plans and specifications, in the office of the town clerk of the town wherein such structure is to be erected, and such clerk shall retain the same on file.

Section 1 July 1, 2019 22a-27w July 1, 2019 Sec.

2 19a-310July PD1, Joint2019 Favorable19a-310 Subst.Statement of Purpose:

LCOTo {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07367-authorize 3the use of 4the R01-HB.docxPenfield }Reef SubstituteLighthouse Billas No.a columbarium for the cremated remains of deceased persons.

7367[Proposed LCOdeletions {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07367-are 4enclosed ofin 4brackets. R01-HB.docx }

Proposed additions are indicated by underline, not underlined.] the entire text of a bill or resolution or a section of a bill or resolution is new, it is LCO No.

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