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General Assembly Substitute Bill No. 7367
January Session, 2019
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 Section 22a-27w of the general statutes is repealed and the 1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
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 Substitute Bill No. 7367
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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
any lease authorized pursuant to subsection (a) of this section may 24
permit the use of Penfield Reef lighthouse as a columbarium, used 25
solely as a repository for the remains, after cremation, of deceased 26
persons, provided any such lease (1) contains terms describing a plan 27
for the relocation of such remains in the event of the termination of or 28
refusal to renew such lease, and (2) is approved by the Commissioner 29
of Energy and Environmental Protection. Nothing in this subsection 30
and no provision in any lease authorized pursuant to this subsection 31
shall be construed to relieve the owner of the Penfield Reef lighthouse 32
from the obligation to pay all costs associated with clean-up, 33
remediation or reconstruction in the event that the lighthouse is 34
damaged or destroyed. No lease permitting the use of the Penfield 35
Reef lighthouse as a columbarium pursuant to this subsection shall be 36
assigned to a third party without the prior approval of the 37
Commissioner of Energy and Environmental Protection. 38
Sec. 2. Section 19a-310 of the general statutes is repealed and the 39
following is substituted in lieu thereof (Effective July 1, 2019): 40
No person shall construct any vault, crypt, columbarium or 41
mausoleum for public use, wholly or partially above the surface of the 42
ground, to be used to contain the body of any dead person [(1)] unless 43
(1) the same is located within the confines of (A) an established 44
cemetery containing not less than five acres, which cemetery has been 45
in existence and operation for a period of at least five years 46
immediately preceding the time of the erection thereof; [, or (2) if 47
located within] (B) a cemetery containing less than five acres, provided 48
such location has been approved by the board of selectmen, [of any 49
town, the] mayor and council, [or] board of aldermen [of any city and 50
the] or warden and burgesses of [any borough;] the town, city or 51
borough in which such cemetery is located, except that in any town, 52 Substitute Bill No. 7367
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city or borough having a zoning commission or combined planning 53
and zoning commission, such commission shall have the authority to 54
grant such approval; [nor until] or (C) the Penfield Reef lighthouse; 55
and (2) plans and specifications for such vault, crypt, columbarium or 56
mausoleum are approved by the Department of Public Health and a 57
fee of one thousand two hundred fifty dollars is paid to the 58
Department of Public Health for its review and approval of such plans 59
and specifications. [, provided a] A columbarium which is used solely 60
as a repository for the remains, after cremation, of deceased persons 61
and is located on the premises of any religious society or corporation 62
shall not be subject to the provisions of this section. Such plans and 63
specifications shall set forth the sections, halls, rooms, corridors, 64
elevators or other subdivisions thereof, with their descriptive names 65
and numbers, and shall provide: [(a)] (A) That such structure be so 66
arranged that the cell, niche or crypt may be readily examined at any 67
time by any person authorized by law to do so; [(b)] (B) that the 68
materials of which such structure is to be constructed are to be of the 69
best quality and of a character best suited for the purposes intended; 70
and [(c)] (C) that the structure shall be so constructed as to insure its 71
durability and permanence as well as the safety, convenience, comfort 72
and health of the community in which it is located, as dictated and 73
determined at the time by modern mausoleum construction and 74
engineering science. The person making the application shall file a 75
certificate of such approval, signed by the Commissioner of Public 76
Health, with a copy of such plans and specifications, in the office of the 77
town clerk of the town wherein such structure is to be erected, and 78
such clerk shall retain the same on file. 79
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
PD Joint Favorable Subst. Substitute Bill No. 7367
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