LCO No. 5351 1 of 4
General Assembly Raised Bill No. 7367
January Session, 2019
LCO No. 5351
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING TH E USE OF THE PENFIELD REEF
LIGHTHOUSE AS A COLU MBARIUM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-27w of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) The state of Connecticut, acting through the Commissioner of 3
Energy and Environmental Protection, is authorized to grant a lease or 4
other appropriate authorization to allow for the occupancy of 5
submerged lands held in public trust by the state underlying or 6
associated with lighthouses for the purpose of facilitating the 7
preservation of such lighthouses pursuant to the National Historic 8
Lighthouse Preservation Act of 2000, 16 USC 470w-7, provided any 9
such lease shall be for a term: (1) Of thirty years with the option to 10
renew whenever such lighthouse is sold pursuant to said act, or (2) 11
that is coterminous with the applicable lease whenever such lighthouse 12
is leased pursuant to said act. Any such lease shall contain appropriate 13
conditions to ensure consistency with the goals and policies of section 14
22a-92 and with other interests of the state, including, but not limited 15 Raised Bill No. 7367
LCO No. 5351 2 of 4
to, reasonable public access whenever such lease is to a nonprofit 16
organization, preservation of historic structures and education of the 17
public regarding such structures. Nothing in this section and no 18
provision in any lease authorized pursuant to this section shall be 19
construed to relieve any lessee from the obligation to obtain any 20
applicable federal, state or local permit for the construction of any new 21
structure or appurtenance on such submerged lands. 22
(b) Notwithstanding the provisions of subsection (a) of this section, 23
the state of Connecticut, acting through the Commissioner of Energy 24
and Environmental Protection is authorized to grant a lease or other 25
appropriate authorization to allow for the occupancy of submerged 26
lands held in public trust by the state underlying or associated with 27
the Penfield Reef lighthouse for the purpose of facilitating the 28
preservation of said lighthouse pursuant to the National Historic 29
Lighthouse Preservation Act of 2000, 16 USC 470w-7, provided any 30
such lease shall be for a term of not more than ten years with the 31
option to renew. Any such lease shall contain appropriate conditions 32
to ensure consistency with the goals and policies of section 22a-92 and 33
with other interests of the state, including, but not limited to, 34
reasonable public access, preservation of historic structures and 35
education of the public regarding to such structures. Any such lease 36
may permit the use of Penfield Reef lighthouse as a columbarium, 37
used solely as a repository for the remains, after cremation, of 38
deceased persons, provided any such lease provision is approved by 39
the Commissioner of Energy and Environmental Protection. Nothing 40
in this section and no provision in any lease authorized pursuant to 41
this section shall be construed to relieve any lessee from the obligation 42
to obtain any applicable federal, state or local permit for the 43
construction of any new structure or appurtenance on such submerged 44
lands. 45
Sec. 2. Section 19a-310 of the general statutes is repealed and the 46
following is substituted in lieu thereof (Effective July 1, 2019): 47
No person shall construct any vault, crypt, columbarium or 48 Raised Bill No. 7367
LCO No. 5351 3 of 4
mausoleum for public use, wholly or partially above the surface of the 49
ground, to be used to contain the body of any dead person [(1)] unless 50
(1) the same is located within the confines of (A) an established 51
cemetery containing not less than five acres, which cemetery has been 52
in existence and operation for a period of at least five years 53
immediately preceding the time of the erection thereof; [, or (2) if 54
located within] (B) a cemetery containing less than five acres, provided 55
such location has been approved by the board of selectmen, [of any 56
town, the] mayor and council, [or] board of aldermen [of any city and 57
the] or warden and burgesses of [any borough;] the town, city or 58
borough in which such cemetery is located, except that in any town, 59
city or borough having a zoning commission or combined planning 60
and zoning commission, such commission shall have the authority to 61
grant such approval; [nor until] or (C) the Penfield Reef lighthouse; 62
and (2) plans and specifications for such vault, crypt, columbarium or 63
mausoleum are approved by the Department of Public Health and a 64
fee of one thousand two hundred fifty dollars is paid to the 65
Department of Public Health for its review and approval of such plans 66
and specifications. [, provided a] A columbarium which is used solely 67
as a repository for the remains, after cremation, of deceased persons 68
and is located on the premises of any religious society or corporation 69
shall not be subject to the provisions of this section. Such plans and 70
specifications shall set forth the sections, halls, rooms, corridors, 71
elevators or other subdivisions thereof, with their descriptive names 72
and numbers, and shall provide: [(a)] (i) That such structure be so 73
arranged that the cell, niche or crypt may be readily examined at any 74
time by any person authorized by law to do so; [(b)] (ii) that the 75
materials of which such structure is to be constructed are to be of the 76
best quality and of a character best suited for the purposes intended; 77
and [(c)] (iii) that the structure shall be so constructed as to insure its 78
durability and permanence as well as the safety, convenience, comfort 79
and health of the community in which it is located, as dictated and 80
determined at the time by modern mausoleum construction and 81
engineering science. The person making the application shall file a 82
certificate of such approval, signed by the Commissioner of Public 83 Raised Bill No. 7367
LCO No. 5351 4 of 4
Health, with a copy of such plans and specifications, in the office of the 84
town clerk of the town wherein such structure is to be erected, and 85
such clerk shall retain the same on file. 86
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 22a-27w
Sec. 2 July 1, 2019 19a-310
Statement of Purpose:
To authorize the use of the Penfield Reef Lighthouse as a columbarium
for the cremated remains of deceased persons.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]