S4357-2011 - NY Senate Open Legislation - 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.

Sponsor: YOUNG / Co-sponsor(s): BRESLIN, O'MARA, RITCHIE / Committee: RULES
Law Section: Education Law / Law: Amd SS7209 & 7307, Ed L

S4357-2011 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

S4357-2011 Meetings

Higher Education: Jun 7, 2011, Rules: Jun 21, 2012

S4357-2011 Calendars

Active List: Jun 15, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 21, 2012 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S4357-2011 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

S4357-2011 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.

S4357-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4357
 2011-2012 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09877-01-1
        S. 4357                             2
 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.

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