Bill S4357-2011

Increases to $50,000 the cost of the construction of a building, structure or public work, above which an engineer, land surveyor or architect must be utilized

Increases to $50,000 the cost of the construction of a building, structure or public work, above which a professional engineer, land surveyor or architect must be utilized to plan and supervise the construction thereof.

Details

Actions

  • Jun 21, 2012: RECOMMITTED TO RULES
  • Jun 20, 2012: ORDERED TO THIRD READING CAL.1376
  • Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 4, 2012: REFERRED TO HIGHER EDUCATION
  • Jun 24, 2011: COMMITTED TO RULES
  • Jun 14, 2011: ADVANCED TO THIRD READING
  • Jun 13, 2011: 2ND REPORT CAL.
  • Jun 7, 2011: 1ST REPORT CAL.1114
  • Mar 31, 2011: REFERRED TO HIGHER EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Higher Education - Jun 7, 2011
Ayes (9): Flanagan, Grisanti, Maziarz, Ritchie, Robach, Seward, Krueger, Serrano, Carlucci
Ayes W/R (8): LaValle, Alesi, Griffo, Zeldin, Stavisky, Kennedy, Oppenheimer, Rivera
Nays (1): Parker
VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2012
Ayes (23): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): LaValle
Nays (1): Duane

Memo

BILL NUMBER:S4357

TITLE OF BILL: An act to amend the education law, in relation to increasing the threshold at which certain buildings, structures and public works are required to be planned and supervised by a professional engineer, land surveyor or architect

PURPOSE: To amend the Education Law in order to adjust the threshold at which the services of a professional engineer, land surveyor or architect are required.

SUMMARY OF PROVISIONS: This bill amends section 7209, and section 7307, of the Education Law; to increase the threshold at which construction and maintenance of certain buildings, structures and public works must be supervised by professional engineers, land surveyors, and licensed architects.

JUSTIFICATION: The current thresholds of $5,000 for public projects, and $10,000 for private projects have not been changed for over 30 years and have not kept up with the dramatic rise in building costs. Raising the threshold to $50,000 is a sensible and necessary step to keep the law current and encourage affordable construction, improvement and main tenance of buildings, structures and public works, and reflects an inflation adjusted figure in keeping with current costs.

LEGISLATIVE HISTORY:

2009-10: S.5487 Senate Higher Education Committee; A.8257 Assembly Higher Education Committee. 2008: S.3225-A, Passed Senate; A.6686-A Assembly Higher Education Committee.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4357 2011-2012 Regular Sessions IN SENATE March 31, 2011 ___________
Introduced by Sen. YOUNG -- (at request of the Legislative Commission on Rural Resources) -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to increasing the thresh- old at which certain buildings, structures and public works are required to be planned and supervised by a professional engineer, land surveyor or architect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 and paragraph b of subdivision 7 of section 7209 of the education law, as added by chapter 987 of the laws of 1971, are amended to read as follows: 3. No county, city, town or village or other political subdivision of this state shall engage in the construction or maintenance of any public work involving engineering or land surveying for which plans, specifica- tions and estimates have not been made by, and the construction and maintenance supervised by, a professional engineer or land surveyor; provided that this section shall not apply to the construction, improve- ment or maintenance of county roads or town highways, nor to any other public works wherein the contemplated expenditure for the completed project does not exceed [five] FIFTY thousand dollars. This section shall not be construed as affecting or preventing any county, city, town or village or other political subdivision of this state from engaging an architect licensed in this state for the preparation of plans, specifi- cations and estimates for and the supervision of construction or mainte- nance of public works. b. To alterations to any building or structure costing [ten] FIFTY thousand dollars or less which do not involve changes affecting the structural safety or public safety thereof nor to farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes; nor to residence buildings of
gross floor area of fifteen hundred square feet or less, not including garages, carports, porches, cellars, or uninhabitable basements or attics. S 2. Subdivision 5 of section 7307 of the education law, as added by chapter 987 of the laws of 1971, paragraph 1 as amended by chapter 994 of the laws of 1971 and paragraph 2 as amended by chapter 591 of the laws of 1986, is amended to read as follows: 5. This article shall not apply to: [1.] A. Farm buildings, including barns, sheds, poultry houses and other buildings used directly and sole- ly for agricultural purposes; nor to residence buildings of gross area of fifteen hundred square feet or less, not including garages, carports, porches, cellars, or uninhabitable basements or attics; or [2.] B. Alterations, costing ten thousand dollars or less, to any building or structure within the city of New York and [twenty] FIFTY thousand dollars or less, to any building or structure outside the city of New York which do not involve changes affecting the structural safety or public safety thereof. S 3. This act shall take effect immediately.

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