A New York State Society of Professional Engineers (NYSSPE) representative attended the New York State Board for Engineering, Land Surveying, and Geology board meeting on June 26, 2017. The following is a summary of the meeting. (videoconference New York – Albany – Rochester)

A quorum was present.

Minutes from March 10, 2017 approved without amendment.

Committee Reports

Legislation:Qualifications Based Selection

A 5750/S 5600 (Benedetto/DeFrancisco) passed both houses of the legislature.  The bill purports to authorize public authorities and public benefit corporations to negotiate with professional firms providing architectural or engineering services in order from the most qualified to the least qualified with regard to the provision of services to the authority or corporation.  An earlier version of the bill would have required the use of QBS by both public authorities and public benefit corporations in a manner identical to present law which requires the use of QBS by state agencies.  (NYSSPE supported the earlier version of the bill.)

A 7768/S 5903 (Fahy/Valesky) passed both houses of the legislature.  The bill adds geological services to the current list of design professional services set forth in State Finance Law section 136a which are required to be procured utilizing the QBS procurement methodology.  Section 136a governs procurements by NYS agencies.

Land Surveying Legislation

A 7969B/ S 6103C (Hyndman/LaValle) has been introduced in both houses.  The legislation will require at minimum an Associates Degree to secure a professional land surveying license.  The bill also eases the path for a professional engineer to secure a land surveying license.

Design Professional Corporation – Liberalization of Ownership

A 3460A/S 3771A (Lupardo/Valesky) has been introduced at the behest of ACEC.  The bill permits a substantially greater share of a design professional corporation to be owned by an ESOP provided at least 75% ESOP’s Board of Trustees and Management Committee members are licensed design professionals.  (Current law restricts the ESOP to a maximum 24.99% ownership interest.)   Some professional engineering voices have expressed reservations regarding a liberalization of the ownership rules and have argued that the legislation would permit design services to be “franchised” to non-licensees. [Read more…]