STATE BOARD FOR ENGINEERING, LAND SURVEYING AND GEOLOGY
Monday, May 23, 2016 Present: Chair – A. Lopez, Vice Chair – H. Palmer, L. Campolieta, K. Giles, R. Goldman, W. Kelly, D. Mowers, M. Noviello, J. Neubeck, E. Ramabhushanam. Extended Member – E. Haas Board Members absent: R. Figler, D. Franzi Department Personnel: J. Blair – Executive Secretary, M. Culotti – Sr. Administrative Analyst, A. Friedman -Associate in Professional Education
Guests: Emily Whalen and Thomas Buchan representing NYSAPLS, Mark Kriss representing NYSSPE, Robert Henkel Call to Order – Open Session Chair Lopez called the Open Session to order at 9:55 am.
Approval of Minutes of the Previous Meeting
On a motion by Member Noviello, Seconded by Member Giles, the minutes of the February 19, 2016 Open meeting were reviewed and unanimously approved.
Legislation – Extended Member Haas reported on the following:
(Current legislative bills may be reviewed utilizing the NYS legislative website http://public.leginfo.state.ny.us/navigate.cgi)
ACEC has asked for the Board’s recommendations regarding expanding the percentage of ownership which can be maintained by an Employee Stock Ownership Plan (ESOP) within a Design Professional Service Corporation. No legislation has been introduced. Currently an ESOP is limited to a 24.99% ownership interest. (No position taken) (NYSSPE is reviewing this proposal.)
A1814 / S03024A Directs Department of Agriculture and Markets and the State Soil and Water Conservation Committee to define farm conservation practices conducted by professionals. Actions: 3/1/2016 passed Senate and delivered to Assembly Agriculture Committee. (Board recommendation: oppose) (NYSSPE also opposes this bill.)
A00101/S1814 This legislation requires the commissioner of environmental conservation to establish standards for and a program of inspection and certification of green roofs prior to and after installation, including standards for environmentally acceptable chemical fertilizers and the testing of runoff water for evidence of such fertilizers; further establishes a green roof installation tax credit. The Board expressed concerns that the legislation does not presently recognize the role of the professional engineer and/or architect to insure that the installation of a green roof will not compromise the structural integrity of the building. This is especially important as it is anticipated that many of these new “green roofs” will be located on existing buildings and that the types of eligible buildings are residential in nature. (Board recommendation: technical amendments needed) (NYSSPE opposes this bill.)
A06755 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 a bachelor’s degree in engineering or substantially equivalent educational credentials, in accordance with the commissioner’s regulations, will qualify to sit for the PE examination, provided all other requirements for licensure are satisfied. The legislation also changes reference to “intern engineers” to “engineers in training” and permits students in engineering and engineering technology programs approved by the commissioner of education to sit for the fundamentals of engineering examination in accordance with the commissioner’s regulations. Currently a student must wait until he or she is within 20 hours of graduation. This bill eliminates the current timeframe and vests the commissioner with discretion to fix the timeframe. Additionally, the Department of Education is empowered to waive the educational requirement for applicants who have 15 years of lawful practice and possess established and recognized standing in the profession. Finally, a person seeking licensure 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. (Board & Department recommendation: approve) (NYSSPE strongly supports this bill.)
A00742 This legislation provides as a condition of licensing and maintaining an active license and prior to the issuance or renewal of an active license or reactivation of an inactive license, engineers and architects shall obtain and maintain professional liability coverage in an amount not less than one million dollars per claim, with a minimum annual aggregate of not less than three million dollars. (Boards’ recommendation: oppose) (NYSSPE opposes this bill.)
Land Surveying Committee
Committee Chair Mowers reported on the following activities. The committee met on May 16th to set the pass point for the April exam, complete development of the October NYS Specific Land Surveying exam, and continue the development of examination questions. The committee continues to review the issues related to machine grading utilizing GPS, the use and applications of scanning technologies, wetland mapping, FEMA mapping, and the use of LIDAR. The next LS Exam Committee meeting is scheduled for July 18th in Albany.
The committee continues its work on updating the education requirements for licensure and possible clarifications to existing definition of land surveying based upon NCEES Model law. The LS committee’s and Board’s draft recommendations have been forwarded to the Deputy’s Office and Board of Regents for review.
Professional Engineering
Board Chair/ Committee Chair Lopez lead a discussion and reported on the following: Practice Guidelines for As-Built/ Record Drawings – Engineering Practice Guideline 3 – Professional Seals and Signatures was updated to include guidance on As Built /Record Drawings. – Updating the Practice Guidelines and Rules of the Board of Regents regarding Records Retention – Review of the State Board for Landscape Architect’s draft Practice Guidelines. The committee will start work this summer on the complex issue of supervision along with members from the Architecture and Landscape Architecture Boards. Education and Experience – Board Vice Chair/Committee Chair Palmer reported on the following: The committee continues to review and provide recommendations to the Board and the Department on proposed engineering programs, and experience requirements related to software engineering.
Examinations
Extended Member Haas reported on the following: NCEES PS and PE exams were held April 15th and 16th. NCEES released the grades for these exams last week. The last paper-and-pencil PS exam was delivered in April 2016. NCEES registration for the computer based PS exam will open June 20th and the first exam appointments will be available in October. Conversion of the NCEES PE exams is scheduled to begin in 2018. Results of a NCEES survey indicate that vast majority of members do not support adding a third part on ethics to the licensure exams. Similar to NYS, most jurisdictions already require ethics coursework as part of their continuing education requirements.
Environmental
Committee Chair Goldman reported that the committee continues to work with DEC on professional practice and corporate practice issues.
Continuing Education
Board Vice Chair/Committee Chair Palmer lead a discussion on allowing continuing education educational activity credit for ABET evaluators that participate in an evaluation of a EAC or ETAC engineering or land surveying program. The Board voted unanimously to recommend to the Department that participation in an EAC or ETAC ABET on site program evaluation be allowed for credit, as an educational activity, with a maximum credit of 9 continuing education units for engineers. The Board also voted unanimously to recommend to the Department that participation in an EAC or ETAC ABET on site program evaluation be allowed for credit, as an educational activity, with a maximum credit of 6 continuing education units for land surveyors.
Design-Build
Committee Chair Campolieta reported that the 2016 Budget Bill – Chapter 58 of the Laws of 2016 included the Transformational Economic Development Infrastructure and Revitalization Project Act. This act authorizes the NYS Urban Development Corporation, the NYS Convention Center Development Corporation and their subsidiaries to participate in design build projects related to the Jacob K. Javits Convention Center, Empire Station Complex, James Farley Redevelopment, and the Pennsylvania Station NY Redevelopment.
Geology Committee
Committee Chair Kelly reported on the following: The draft geology regulations were presented to the Board of Regents at their April meeting. The draft regulations and associated State Administrative Procedures Act (SAPA) documents were published in the State Register May 4, 2016 for a 45 day public comment period. A summary of public comments is scheduled to be presented to the Board of Regents at their July meeting. If no changes to the regulations are warranted the Regents may approve the draft regulations at this time. Committee Chair Kelly participated in a presentation on the licensure of geologists in NYS at the Geological Society of America’s regional meeting in Albany in late March.
CONTINUING BUSINESS
NCEES
Executive Secretary Blair reported that NCEES is updating their website, and online Examination and Records database. The new webpage and examination and records system will be rolled out in June in time for the opening of the October online examination registration.
Technology Update
Executive Secretary Blair reported on the Department’s current technology projects. The implementation of the electronic document management system (that will provide the Department with the capability to scan and store documents in electronic format) continues to move forward slowly. A pilot project where Board members may securely review applications online is now scheduled for the third quarter of this year.
NEW BUSINESS
The next Board meeting is tentatively scheduled for September 19, 2016 in New York City.
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Braden Bills says
It’s interesting that the state has a committee for surveying. It makes sense that they would want that. That way they know that the locations that they build are suitable!