The following was written by Mark C. Kriss, Esq., The New York State Society of Professional Engineers (NYSSPE) Legislative and Legal Counsel.
The 2014 New York State Legislative Session recessed on June 20th, after the Governor and legislative leaders reached agreement on a number of prominent issues ranging from delaying core curriculum teacher evaluations to the authorization of medical marijuana under ridged physician and dispenser supervision. With respect to the NYSSPE, and the professional engineering community, the session saw progress on a number of key issues as detailed below.
Geology – A 4753D / S 3810D (Englebright / Marcellino)
For many years NYSSPE has advocated for the adoption of a New York State law licensing professional geologists. The Society is pleased to report that legislation licensing professional geologists has passed both houses with NYSSPE’s support. The measure provides that geologists can identify and quantify the constitute parts of the strata comprising the earth crust, mantle, etc., but under no circumstances may they engage in the practice of “professional engineering” including design. At the same time professional engineers, who are competent in the area of geology, may carry out all of the activities otherwise reserved to professional geologists. Additionally, professional geologists can join professional design firms as principals along with professional engineers, architects, landscape architects and land surveyors or any combination thereof. (Presently, a geologist would be limited to holding a minority interest in a design professional service corporation not to exceed 24.99% of the firm shares.) NYSSPE will now advocate for the bill with the Governor’s Office.
Mold – A 5117C / S 3667D (Weisenberg / Savino)
This legislation provides for credentialing of parties engaged in mold assessment and remediation. NYSSPE opposed earlier iterations of the measure which failed to expressly exempt professional engineers from the legislation and did not expressly prohibit the practice of professional engineering by mold assessment and remediation contractors. The final versions of the bill include amendments which fully address NYSSPE concerns. NYSSPE will request that the Governor approve the bill when it is before him for executive action.
Bachelors’ Degree – Professional Engineering A 9694 (Glick)
This legislation updates the engineering licensing requirements by removing the provision allowing for a substitution of 12 years working experience for a bachelor’s degree or higher based on a program in engineering. Persons with substantially equivalent educational credentials may also qualify to sit for the PE examination, provided all other requirements for licensure are satisfied. (For example, a party holding an undergraduate degree in mathematics who secures a master’s degree in engineering may also qualify to sit for the FE examination.) The legislation also contains some technical amendments respecting interim titles, the timeframe respecting when students can sit for the examination and examination fees. Finally, a person seeking licen-sure pursuant to the current 12 year experience ladder is authorized to file an application within 2 years of the effective date of the legislation in order to preserve the ability to qualify for engineering licensure based on experience. NYSSPE is pleased to report that this bill has passed the NYS Assembly for the first time in the final days of the session. Unfortunately, the Senate did not take up the bill this year despite having passed earlier versions of the bill in prior sessions. The Society will continue to advocate for this measure which is reflective of the law in the majority of sister states.
New York City Professional Engineer/Architect Prosecutions – Repealer – A 8491 / S 5525 (Cusick / Lanza)
In 2007 legislation was enacted over the objections of NYSSPE, AIA and others which permitted the NYC Department of Building to directly prosecute professional engineers and architects respecting specific cases of professional misconduct arising out of alleged falsification of documents. NYSSPE objected to the statute on the grounds that the law circumvented the professional disciplinary process (via the NYS Education Department) applicable to all professional misconduct cases throughout the state and deprived licensee of peer review panels. The Society is pleased to report that this repealer has passed the Senate, despite the fact that it has only recently been introduced, and appreciable groundwork has been made in the Assembly.
Good Samaritan – A 4380B / S 3942A (Englebright/Hannon)
This legislation would provide an additional measure of protection to volunteer design professionals in the wake of nature or man-made disasters. The proposal would enhance protections afforded under Federal Law (Volunteer Protection Act 1997) by adding an additional 60 days to the federal 30 day post disaster period during which volunteer professional services are afforded Good Samaritan protection. While NYSSPE supports the measure efforts are underway to secure enactment of a broader bill which would provide protection to both voluntary and other services rendered in the aftermath of a disaster. This bill failed to pass in either house.
Design Build
Legislation to extend the current 3-year design build pilot program which applies to projects under the aegis of the New York State Thruway Authority, the Department of Transportation, the Office of Parks, Recreation and Historic Preservation, the Department of Environmental Conservation and the New York State Bridge Authority costing in excess of 1.2 million dollars has stalled. NYSSPE has advocated for the addition of a comprehensive list of quality assurance safeguards. Many of these safeguards have been incorporated into the procurement process at the agency level, but the Society continues to advocate for express inclusion in statute. The program expires in December of this year and a major area of contention is a dispute between organized labor and representatives for the general contractor community over the Governor’s proposal to add the mandated use of project labor agreements for all projects have a cost in excess of ten million dollars. The topic of design build will continue to be a subject of discussion for the balance of the year and beyond and NYSSPE will continue to voice our concerns to the legislature and the Governor’s Office.
Qualifications Based Selection – A 7268A / S 6639A (Benedetto/DeFrancisco)
The initial draft of this legislation would have required the use of QBS by public authorities and public benefit corporations. Due to objections raised during consideration of the bill the sponsors have elected to amend the bill to encourage rather than mandate the use of QBS which is required for state agency procurements of design services. NYSSPE did not support the amendment and in any event the bill failed to advance. The Society will continue to press for QBS on both the state and local levels at every opportunity. A number of other initiatives, including the adoption of a statute to require the use of fair and balanced indemnification provisions for governmental design service contracts, were advanced prior to the legislative recess, but all failed to secure the approval of both houses of the legislature. The NYSSPE continues to advance the interests of the professional engineering community and urges all NYSSPE members to communicate with NYSSPE leadership regarding legislative concerns.
Note: NYSSPE facilitates posting on this blog, but the views and accounts expressed herein are those of the author(s) and not the views or accounts of NYSSPE, its officers, or its directors, whose views and accounts may or may not be similar or identical. NYSSPE, its officers, and its directors do not express any opinion regarding any product or service by virtue of reference to such product or service on this blog.
Leave a Reply