By: Mark Kriss, Esq.
NYSSPE Legislative and Legal Counsel
(Threatened Regulatory Restraints on Professional Practice)
Earlier this month NYSSPE, at the direction of the Society’s Executive Committee, submitted testimony in opposition to efforts by the Department of Environmental Conservation to require that all personnel working on environmental remediation projects overseen by professional engineers, including, for example, those conducting field observations and data collection, work for a single engineering company. This one shop proposal if adopted would adversely impact a sizable segment of the professional engineering community consisting of numerous solo and small to intermediate size engineering firms who traditionally have worked collaboratively with environmental consulting firms with regard to projects of this nature. Notwithstanding that the New York State Education Law clearly envisions that professional engineers may utilize the services of both employees and other qualified third-party consultants in the delivery of professional engineering services, the new DC regulation would eliminate this practice. A copy of the Society’s testimony is set forth below.
In the event that this type of restrictive regulation moves forward other areas of professional engineering currently practice by solo and small or intermediate sized engineering firms, could face similar constraints.
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