[§554D-413] Cy pres. (a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:
(b) Subsection (a) shall not apply if the document creating the charitable interest expressly provides for an alternate disposition of the charitable interest if the charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful. A general residuary disposition by trust shall not be considered an express provision for an alternate disposition. In addition, if the alternative plan is also a charitable trust and that trust fails, the intention shown in the original plan shall prevail in the application of this section.
(c) In every cy pres proceeding, the attorney general shall be notified and given an opportunity to be heard. [L 2021, c 32, pt of §2]