Connecticut 2019 Regular Session

Connecticut House Bill HB07367 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 5351 1 of 4
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7		-	General Assembly ~~Substitute~~ Bill No. 7367
	5	+	General Assembly Raised Bill No. 7367
8	6		January Session, 2019
	7	+	LCO No. 5351
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	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
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	12	+
	13	+	Introduced by:
	14	+	(PD)
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14	19		AN ACT CONCERNING TH E USE OF THE PENFIELD REEF
15	20		LIGHTHOUSE AS A COLU MBARIUM.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. Section 22a-27w of the general statutes is repealed and the 1
20	25		following is substituted in lieu thereof (Effective July 1, 2019): 2
21	26		(a) The state of Connecticut, acting through the Commissioner of 3
22	27		Energy and Environmental Protection, is authorized to grant a lease or 4
23	28		other appropriate authorization to allow for the occupancy of 5
24	29		submerged lands held in public trust by the state underlying or 6
25	30		associated with lighthouses for the purpose of facilitating the 7
26	31		preservation of such lighthouses pursuant to the National Historic 8
27	32		Lighthouse Preservation Act of 2000, 16 USC 470w-7, provided any 9
28	33		such lease shall be for a term: (1) Of thirty years with the option to 10
29	34		renew whenever such lighthouse is sold pursuant to said act, or (2) 11
30	35		that is coterminous with the applicable lease whenever such lighthouse 12
31	36		is leased pursuant to said act. Any such lease shall contain appropriate 13
32	37		conditions to ensure consistency with the goals and policies of section 14
33		-	22a-92 and with other interests of the state, including, but not limited 15
	38	+	22a-92 and with other interests of the state, including, but not limited 15 Raised Bill No. 7367
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	42	+	LCO No. 5351 2 of 4
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34	44		to, reasonable public access whenever such lease is to a nonprofit 16
35	45		organization, preservation of historic structures and education of the 17
36	46		public regarding such structures. Nothing in this section and no 18
37		-	provision in any lease authorized pursuant to this section shall be 19 Substitute Bill No. 7367
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	47	+	provision in any lease authorized pursuant to this section shall be 19
44	48		construed to relieve any lessee from the obligation to obtain any 20
45	49		applicable federal, state or local permit for the construction of any new 21
46	50		structure or appurtenance on such submerged lands. 22
47	51		(b) Notwithstanding the provisions of subsection (a) of this section, 23
48		-	any lease authorized pursuant to subsection (a) of this section may 24
49		-	permit the use of Penfield Reef lighthouse as a columbarium, used 25
50		-	solely as a repository for the remains, after cremation, of deceased 26
51		-	persons, provided any such lease (1) contains terms describing a plan 27
52		-	for the relocation of such remains in the event of the termination of or 28
53		-	refusal to renew such lease, and (2) is approved by the Commissioner 29
54		-	of Energy and Environmental Protection. Nothing in this subsection 30
55		-	and no provision in any lease authorized pursuant to this subsection 31
56		-	shall be construed to relieve the owner of the Penfield Reef lighthouse 32
57		-	from the obligation to pay all costs associated with clean-up, 33
58		-	remediation or reconstruction in the event that the lighthouse is 34
59		-	damaged or destroyed. No lease permitting the use of the Penfield 35
60		-	Reef lighthouse as a columbarium pursuant to this subsection shall be 36
61		-	assigned to a third party without the prior approval of the 37
62		-	Commissioner of Energy and Environmental Protection. 38
63		-	Sec. 2. Section 19a-310 of the general statutes is repealed and the 39
64		-	following is substituted in lieu thereof (Effective July 1, 2019): 40
65		-	No person shall construct any vault, crypt, columbarium or 41
66		-	mausoleum for public use, wholly or partially above the surface of the 42
67		-	ground, to be used to contain the body of any dead person [(1)] unless 43
68		-	(1) the same is located within the confines of (A) an established 44
69		-	cemetery containing not less than five acres, which cemetery has been 45
70		-	in existence and operation for a period of at least five years 46
71		-	immediately preceding the time of the erection thereof; [, or (2) if 47
72		-	located within] (B) a cemetery containing less than five acres, provided 48
73		-	such location has been approved by the board of selectmen, [of any 49
74		-	town, the] mayor and council, [or] board of aldermen [of any city and 50
75		-	the] or warden and burgesses of [any borough;] the town, city or 51
76		-	borough in which such cemetery is located, except that in any town, 52 Substitute Bill No. 7367
	52	+	the state of Connecticut, acting through the Commissioner of Energy 24
	53	+	and Environmental Protection is authorized to grant a lease or other 25
	54	+	appropriate authorization to allow for the occupancy of submerged 26
	55	+	lands held in public trust by the state underlying or associated with 27
	56	+	the Penfield Reef lighthouse for the purpose of facilitating the 28
	57	+	preservation of said lighthouse pursuant to the National Historic 29
	58	+	Lighthouse Preservation Act of 2000, 16 USC 470w-7, provided any 30
	59	+	such lease shall be for a term of not more than ten years with the 31
	60	+	option to renew. Any such lease shall contain appropriate conditions 32
	61	+	to ensure consistency with the goals and policies of section 22a-92 and 33
	62	+	with other interests of the state, including, but not limited to, 34
	63	+	reasonable public access, preservation of historic structures and 35
	64	+	education of the public regarding to such structures. Any such lease 36
	65	+	may permit the use of Penfield Reef lighthouse as a columbarium, 37
	66	+	used solely as a repository for the remains, after cremation, of 38
	67	+	deceased persons, provided any such lease provision is approved by 39
	68	+	the Commissioner of Energy and Environmental Protection. Nothing 40
	69	+	in this section and no provision in any lease authorized pursuant to 41
	70	+	this section shall be construed to relieve any lessee from the obligation 42
	71	+	to obtain any applicable federal, state or local permit for the 43
	72	+	construction of any new structure or appurtenance on such submerged 44
	73	+	lands. 45
	74	+	Sec. 2. Section 19a-310 of the general statutes is repealed and the 46
	75	+	following is substituted in lieu thereof (Effective July 1, 2019): 47
	76	+	No person shall construct any vault, crypt, columbarium or 48 Raised Bill No. 7367
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83		-	city or borough having a zoning commission or combined planning 53
84		-	and zoning commission, such commission shall have the authority to 54
85		-	grant such approval; [nor until] or (C) the Penfield Reef lighthouse; 55
86		-	and (2) plans and specifications for such vault, crypt, columbarium or 56
87		-	mausoleum are approved by the Department of Public Health and a 57
88		-	fee of one thousand two hundred fifty dollars is paid to the 58
89		-	Department of Public Health for its review and approval of such plans 59
90		-	and specifications. [, provided a] A columbarium which is used solely 60
91		-	as a repository for the remains, after cremation, of deceased persons 61
92		-	and is located on the premises of any religious society or corporation 62
93		-	shall not be subject to the provisions of this section. Such plans and 63
94		-	specifications shall set forth the sections, halls, rooms, corridors, 64
95		-	elevators or other subdivisions thereof, with their descriptive names 65
96		-	and numbers, and shall provide: [(a)] (A) That such structure be so 66
97		-	arranged that the cell, niche or crypt may be readily examined at any 67
98		-	time by any person authorized by law to do so; [(b)] (B) that the 68
99		-	materials of which such structure is to be constructed are to be of the 69
100		-	best quality and of a character best suited for the purposes intended; 70
101		-	and [(c)] (C) that the structure shall be so constructed as to insure its 71
102		-	durability and permanence as well as the safety, convenience, comfort 72
103		-	and health of the community in which it is located, as dictated and 73
104		-	determined at the time by modern mausoleum construction and 74
105		-	engineering science. The person making the application shall file a 75
106		-	certificate of such approval, signed by the Commissioner of Public 76
107		-	Health, with a copy of such plans and specifications, in the office of the 77
108		-	town clerk of the town wherein such structure is to be erected, and 78
109		-	such clerk shall retain the same on file. 79
	80	+	LCO No. 5351 3 of 4
	81	+
	82	+	mausoleum for public use, wholly or partially above the surface of the 49
	83	+	ground, to be used to contain the body of any dead person [(1)] unless 50
	84	+	(1) the same is located within the confines of (A) an established 51
	85	+	cemetery containing not less than five acres, which cemetery has been 52
	86	+	in existence and operation for a period of at least five years 53
	87	+	immediately preceding the time of the erection thereof; [, or (2) if 54
	88	+	located within] (B) a cemetery containing less than five acres, provided 55
	89	+	such location has been approved by the board of selectmen, [of any 56
	90	+	town, the] mayor and council, [or] board of aldermen [of any city and 57
	91	+	the] or warden and burgesses of [any borough;] the town, city or 58
	92	+	borough in which such cemetery is located, except that in any town, 59
	93	+	city or borough having a zoning commission or combined planning 60
	94	+	and zoning commission, such commission shall have the authority to 61
	95	+	grant such approval; [nor until] or (C) the Penfield Reef lighthouse; 62
	96	+	and (2) plans and specifications for such vault, crypt, columbarium or 63
	97	+	mausoleum are approved by the Department of Public Health and a 64
	98	+	fee of one thousand two hundred fifty dollars is paid to the 65
	99	+	Department of Public Health for its review and approval of such plans 66
	100	+	and specifications. [, provided a] A columbarium which is used solely 67
	101	+	as a repository for the remains, after cremation, of deceased persons 68
	102	+	and is located on the premises of any religious society or corporation 69
	103	+	shall not be subject to the provisions of this section. Such plans and 70
	104	+	specifications shall set forth the sections, halls, rooms, corridors, 71
	105	+	elevators or other subdivisions thereof, with their descriptive names 72
	106	+	and numbers, and shall provide: [(a)] (i) That such structure be so 73
	107	+	arranged that the cell, niche or crypt may be readily examined at any 74
	108	+	time by any person authorized by law to do so; [(b)] (ii) that the 75
	109	+	materials of which such structure is to be constructed are to be of the 76
	110	+	best quality and of a character best suited for the purposes intended; 77
	111	+	and [(c)] (iii) that the structure shall be so constructed as to insure its 78
	112	+	durability and permanence as well as the safety, convenience, comfort 79
	113	+	and health of the community in which it is located, as dictated and 80
	114	+	determined at the time by modern mausoleum construction and 81
	115	+	engineering science. The person making the application shall file a 82
	116	+	certificate of such approval, signed by the Commissioner of Public 83 Raised Bill No. 7367
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	122	+	Health, with a copy of such plans and specifications, in the office of the 84
	123	+	town clerk of the town wherein such structure is to be erected, and 85
	124	+	such clerk shall retain the same on file. 86
110	125		This act shall take effect as follows and shall amend the following
111	126		sections:
112	127
113	128		Section 1 July 1, 2019 22a-27w
114	129		Sec. 2 July 1, 2019 19a-310
115	130
116		-	PD Joint Favorable Subst. Substitute Bill No. 7367
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	131	+	Statement of Purpose:
	132	+	To authorize the use of the Penfield Reef Lighthouse as a columbarium
	133	+	for the cremated remains of deceased persons.
	134	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	135	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	136	+	not underlined.]
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