By Mark Kriss Esq., Legislative Counsel

1. Bachelor’s Degree Bill
At the request of NYSSPE the Chair of the New York State Assembly Higher Education Committee, Assemblywoman Deborah Glick, has agreed to introduce, and advocate for, legislation to require that an applicant seeking licensure as a professional engineer in New York State have a bachelor’s degree in engineering (or its equivalent in accordance with regulations to be promulgated by the New York State Education Department).  The legislation has passed both houses of the Legislature in the past, but unfortunately, it has never passed both houses in the same year.  In addition to the Assembly, this year we anticipate strong sponsorship in the Senate and very hopeful that the legislation will become law in 2020.

Currently, of the learned professions of medicine, law and engineering, only engineering has a path to licensure without a formal education. In reality very few PEs lack a formal education and there are many, and very affordable, means of securing an engineering degree. For example, families with modest means can qualify for the Excelsior Program which provides a complete tuition waiver in many circumstances.  Two-year programs at a community college, combined with an additional two years at a state college or university, also offers an affordable avenue to secure a bachelor’s degree in engineering.  (Individuals currently seeking to secure licensure via the twelve-year ladder will be exempt from the new requirement.)

2. Gas Transmission Lines (Public Safety Enhancement)
S2935a / A6557 (Senator Kaminsky / Assemblyman Cusick)
This bill will require that plans and services relating to gas transmission lines which are determined to pose a material risk to public safety must be provided and overseen by a licensed professional engineer. The New York State Public Service Commission is required by the legislation to promulgate rules and regulations addressing the foregoing requirement.

3. Land Surveying – Modernization of Definition of Practice
NYSSPE and the New York State Association of Professional Land Surveyors have agreed to legislation which will modernize the definition of practice for land surveying, (including, e.g., express reference to GPS technology and photogrammetry) while ensuring that professional engineers will continue to be authorized to undertake all aspects of the practice of land surveying except for the determination of land boundaries.

(Updates, including bill numbers, will be provided throughout the session.)
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NYSSPE – FALL 2018 Select Legislative and Regulatory Update       

Parking Garage Inspections
NYSSPE commends the NYS Department of State and NYS Code Council for final adoption of regulations which are aimed at assuring public safety by requiring periodic inspections of public garages to be conducted by qualified professional engineers.  The new rule (Parts 1202, 1203, and 1204 of Title 19 of the New York Codes, Rules and Regulations) found at: https://www.dos.ny.gov/dcea/noticadopt.html has an effective date of August 29, 2018.  Inspections are required to be undertaken at least once every three years by properly credential professional engineers.  The Society had initially sought passage of legislation to address the absence of mandatory garage inspections in 2016 and thereafter worked with the Department of State and the Code Council to secure this important public safety measure.

Indemnification
Legislation addressing the issue of design professional contractual indemnification on public sector projects (state and local) was a top priority for the Society in 2018.  Unfortunately, after securing near unanimous passage the legislation (A8293-A Morelle / S6622-A Senator Ranzenhofer – 2018) in both houses of the legislature, Governor Cuomo veto the measure due to strong opposition from state agencies and local governments.  The legislation addresses public sector contracts wherein municipalities, state agencies and other governmental entities have inordinate leverage over the terms of indemnification.  Presently, governmental entities can and do unfairly shift the burden to design consulting firms for the cost of future contingent events such as property damage, personal injury and attorneys’ fees with liability arising solely from the terms of the contract and not wrongdoing on the part of the designer.  In many instances design professionals are unable to secure insurance to cover the scope of claims these provisions can generate.   The bill addressed indemnification inequity by voiding contractual provisions requiring defense and indemnification involving a public work to the extent that a design professional is required to defend and indemnify a municipality, state agency, and other governmental entity or other parties for damages that are not the result of the negligence, recklessness, or willful misconduct of the design professional.  Responsibility for loses related to the actions or failures of other parties that are unrelated to the design professional services rightfully rest with the at-fault party or parties.  Design professions simply should not be compelled to provide indemnification for such conduct.

Notwithstanding the design community’s efforts Governor Cuomo vetoed the bill on the ground that the statute would have unnecessarily restricted state and local government’s bargaining power and lead to potential higher costs to governmental units. Both the New York State Conference of Mayors and the New York State Association of Counties along with the general contractors opposed the legislation.  NYSSPE remains committed to adoption of remedial legislation in this area over the long term.  Similar laws are in place in more than 20 sister states.

In the interim the Governor directed that state agencies review current indemnification requirement with a view toward ameliorating the terms of indemnification where gaps in insurance coverages are found.  The Society will be working to insure that our voice is heard on the agency level.

Bachelors’ Degree – Professional Engineering
 Both houses of the NYS legislature have passed legislation in previous sessions which would for the first time in New York required an applicant for a PE license to have post secondary education consisting of a bachelor’s degree or higher in engineering.  Unfortunately, the Society has not succeeded in passing the bill in both houses in the same year.  We are optimistic that 2019 may provide an opportunity to secure passage in the same year.    [Read more…]