By: Mark C. Kriss, Esq., Legislative Counsel

As the first week of June drew to a close the 2026 Legislative Session recessed as scheduled.
The fact that 2026 is an election year for members of both houses of the Legislature, as well as the Governor, created a strong incentive to timely conclude the regular session. I am pleased to report that no legislation adverse to the professional engineering community has been approved by the Legislature. At the same time a number of bills NYSSPE has strongly supported as detailed below fell short of passage. To some extent a lack of progress on NYSSPE priorities was attributable to the Legislature’s prolonged focus on the 2026- 2027 Executive Budget. The State Constitution calls for a new Budget to be in place by the 1st of April. However, this year the Budget was not adopted until May 28th, almost two months late. (In fact the Budget delay was the longest since 2010-2011.) Due to an extensive focus on the Budget in April and May, little time was available for other matters including bills prioritize by the Society.

Following are the key issues which drew the focus of NYSSPE in 2026.

1. Indemnification – Strongly Support
S4591 / A7379 – (Senator Cooney / Assemblyman Vanel)
See also S 5364 / A 6269 (Senator Comrie / Assemblyperson Rajkumar)

This legislation, which was previously vetoed by former Governor Andrew Cuomo, addresses the issue of design professional contractual indemnification respecting public sector projects (state and local) and is strongly supported by NYSSPE. 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 professional engineers and consulting firms for the cost of future contingent events such as personal injury, property damage and attendant attorneys’ fees.

2. QBS – Support
S 4577 / A5520 – (Senator Comrie / Assemblymember Hyndman)

This legislation requires the use of Qualifications Based Selection by public authorities and public benefit corporations, in addition to state agencies. Expanded utilization of QBS has been a long sought-after goal of NYSSPE. In fact, due in substantial part to the Society’s efforts, similar legislation has previously passed the Assembly. QBS assures that price is not the sole criteria in the selection of professional engineering services by affording due consideration to the respective qualifications of consulting firms participating in the procurement process. The cost for design services is a small fraction of overall project costs. Getting the design right can significantly influence the overall cost of construction as well as ongoing life cycle costs. Simply put it is penny wise and pound foolish to employ a low bid methodology in the procurement of design services.

This measure did not reach the floor in either house.

3. Statute of Repose – Support
S2146-A / A4907-A – ( Senator Cooney / Assemblyman Pretlow)

This legislation creates a 10-year Statute of Repose requiring that actions for personal injury, wrongful death or property damage against a design professional be commenced not more than 10 years after a project is completed. All states in the US have true Statutes of Repose with the exception of only NY and VT. The Plaintiffs’ trial bar has frustrated our efforts to advance the bill across the finish line.

4. The Offering of Geology by Grandfathered Engineering Firms – Monitor
S620-C / A 2571-C (Senator Stavisky / Assemblyman McDonald)

The profession of geology was first licensed in New York in 2014. Prior to passage of the 2014 statute grandfathered engineering firms were permitted to provide geological services. This bill will enable grandfathered engineering firms to offer “professional geology services”, per se, provided at least one officer or director is a licensed professional geologist and the company submits a timely filing with the Education Department and Department of State expressly including the practice of geology in its certificate of incorporation.

The bill passed the Senate but not reach the floor of the Assembly.

5. Emergency Responder – Support
S 8840 / A 4680 (Senator Scarcella-Spanton / Assemblyman Eachus) Combines Emergency Responder / Good Samaritan

As previously reported, NYSSPE has joined a broad-based coalition including other design professional organizations and the construction community, in support of this measure which combines enhanced Good Samaritan protection with a proposal offering liability protection for emergency responders hired in the wake of a natural or man-made disaster. (The coalition includes: Associated General Contractors of New York, ACEC New York, AIA New York and a number of other organizations representing the construction and design communities.)

6. Bachelor’s Degree in Geology Educational Requirement for Licensure – Monitor
S6482 / A5622 (Senator Webb / Assemblyman Eachus)

This legislation removes the 12-year work experience ladder currently permitted to be used as a substitute for a bachelor degree in geology (or equivalent) for those seeking licensure as a professional geologist. The bill parallels legislation secured by NYSSPE pertaining to licensure as a professional engineer effective in 2024. While removing the 12-year experience ladder prospectively those currently pursuing the experience route can file an application with the State Education Department within two years of the bill’s effective date, thereby preserving an exemption from the bachelor’s degree requirement.

This bill passed both the Senate and the Assembly and is expected to be signed by Governor Hochul.

7. Issuance of Building Permits by Professional Engineers and Registered Architects – Oppose w/o Amendments
S7217-A / A7675-A (Senator Martinez / Assemblyman Stern)

This legislation would permit building permits to be issued by PEs and RAs without the employment of building code officials. The bill applies to Nassau, Suffolk and Westchester County, as well as the City of Yonkers. NYSSPE has urged that local governments adequately staff building departments with qualified building code officials, or retain properly credentialed professionals as needed, to address undue delays in the permitting process in lieu of the approached reflected in this legislation.

To read more about the bills above and other ones we are following: Click Here

NYSSPE is asking for your help in supporting legislation addressing uninsurable indemnification requirements placed on design professionals in public contracts. Hearing directly from practicing professionals helps lawmakers understand how these provisions affect the practice of engineering and participation in public projects.

This legislation would help ensure licensed design professionals are only held liable for the services they provide, consistent with the professional standards of care.

We’re at a critical moment for S4591 / A7379, and we need targeted outreach from design professionals across New York.

 NYSSPE Support Memo:  Click Here

Step 1: Find Your Legislators

Use the NYS Board of Elections lookup tool:
NYS Elected Officials Districts

Step 2: Contact Key Legislators 

We are targeting:

• Assembly Governmental Operations Committee
• Senate Procurement & Contracts Committee
• Bill Sponsors

Full contact list with phone numbers, emails, and district maps:  Click Here
This is an excel spreadsheet

Step 3: Use This Script

Sample letter:  Click Here
This is a word document so you can edit.

Thank you for your engagement and for supporting the engineering profession in New York.

___________________________________________________

Indemnification – Strongly Support
S4591 / A7379 – (Senator Cooney / Assemblyman Vanel)

This legislation, which was previously vetoed by former Governor Andrew Cuomo, addresses the issue of design professional contractual indemnification respecting public sector projects (state and local) and is strongly supported by NYSSPE. 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 professional engineers and consulting firms for the cost of future contingent events such as personal injury, property damage and attendant attorneys’ fees.

Broad form defense and indemnification provisions subject design professionals to liability arising out of the circumstances that are well beyond the design professional’s scope of work and for matters over which the design professional has no control. Design professionals in many instances are unable to secure insurance to cover the scope of claims these provisions can generate. Many of the most highly qualified engineering firms simply refuse to participate in RFQs when confronted with adhesion contracts of this nature. As a result, both public owners and taxpayers are deprived of the opportunity to benefit from their participation.

This bill addresses 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 losses 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 professionals simply should not be compelled to provide indemnification for such conduct.

This legislation continues to face opposition from the general contractor community and efforts are underway to address these concerns. NYSSPE has been most vocal in proposing a compromise placing a cap on designer liability based on the proportional share design services represent in relation to a project as a whole.

By: Mark C. Kriss, Esq.; Legislative & Legal Counsel

Last year, NYSSPE, along with other interested parties, lobbied in favor of legislation to improve how cases are resolved when access to adjacent property is needed to facilitate repairs or improvements to a building and the adjacent property owner is unwilling to cooperate.
In late 2025, Governor Hochul signed legislation, which grants a license to access neighboring property.

The Governor has since signed a bill containing technical amendments, including ensuring proper general liability insurance coverage.
See S8761/A9457.

NYSSPE last year, together with other interested parties, lobbied in favor of legislation to improve the resolution of cases when access to adjacent property is needed to facilitate repair or improvements to a building and an adjacent property owner is unwilling to cooperate. The legislation, A357 B / S3799C, granting a license to access neighboring property, was signed by the Governor Hochul late last year.

The Governor’s approval was subject to adoption of technical amendments, including ensuring proper general liability insurance coverages. See S8761/A9457 2026. The bill has passed the Senate and speedy consideration by the Assembly and Governor are expected.