Relates to the practice of land surveying.
TITLE OF BILL: An act to amend the education law, in relation to the practice of land surveying
This bill would update the licensing requirements for land surveyors and revise the definition of the practice of land surveying.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Education Law Section 7203 to define the practice of land surveying as practicing that branch of the engineering profession and applied mathematics with includes the application of rules and regulations in accordance with local requirements incidental to subdivisions for the correct determination, description, conveying and recording thereof or for the establishment or reestablishment thereof, providing or offering to provide professional services utilizing such sciences as mathematics, geodesy and photogrammetry, defined as the science or art of obtaining reliable measurements through the use of aerial photography and/or other active or passive sensor-based remote sensing technologies, involving both(1) the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on or below the earth and (2) providing, utilizing or developing the same into survey products such as graphics, data, maps, plans, reports, specifications, descriptions and projects including those in furtherance of the safeguarding of life, health, safety, welfare and property of the public.
Professional services would include acts of consultation, investigation, evaluation, providing expert technical testimony, planning, mapping, assembling, estimating, designing, supervision and interpreting gathered measurements and information.
Section 2 of the bill amends Education Law Section 7206-a(2) to include an Associate's degree along with eight years of practical experience in work satisfactory to the board as an alternative for obtaining a license in lieu of the degree and experience requirements.
Section 3 of the bill amends Education Law Section 7208 to add new subdivisions (q). Subdivision (q) defines the practice of photogrammetry as the science or art of obtaining reliable measurements through the use of aerial photography and/or other active or passive sensor-based remote sensing technologies, except that any geodetic survey to establish control points necessary to derive accurate measurements from the imagery must be made by a licensed land surveyor. Any determination of topography or contours, or depiction of physical improvements, utilizing photogrammetric methods or other remote sensing technology by persons not licensed as a land surveyor pursuant to this article, shall not establish any boundary monumentation or boundary metes and bounds, not provide any measurement showing the relationship of any physical improvements to any property line or boundary and all such products reliant thereon must include a notification that states, "This was not prepared under
the direct supervision of a licensed land surveyor and shall not be relied upon to establish boundary monuments or boundary metes and bound," Subdivision 9r) exempts certain activities from the profession of surveying and the creation of general maps for GIS purposes.
The practice of land surveying has evolved from the 1st statutory change in 1971 (Chapter 987). With the advent and use of new technologies such as Global Positioning Systems (GPS) that aid in the measurement, mapping and establishing of boundary lines, and other measurements of the earth's surface that are generally accepted as coming under the definition of the practice of land surveying, and, the availability and use of these same technological developments by members of the general public, it is essential that the statutory definition of land surveying reflect more clearly the practice of land surveying to be able to continue to protect the health and welfare of the public. The current definition remains outdated in light of the advancements in new technology including the development of Global Positioning Systems (GPS), and the use of Geographic information Systems (GIS). This legislation will more accurately classify the services traditionally provided by licensed professional land surveyors and reflect the changing nature of the profession that has resulted from these advances in technology. Additionally, the proposed enhanced definition preserves the surveyor's current exclusive authority to provide boundary line determinations but it also delineates other services the surveyor can perform that are not exclusive to its profession such as providing expert testimony, land planning, land use, environmental studies, mapping, assembling, estimation, designing supervision and interpreting gathered measurements and information. This clarification is needed to provide a more uniform interpretation of the surveyor's definition and provide a clear understanding of what services the surveyor can perform.
The proposed enhanced definition for land surveying reflects the recommended definition developed by the National Conference of Examiners for Engineering and Surveying (NCEES) and will provide the profession and the public a more clear and concise definition of the profession.
None to the State
Immediately with provisions.
STATE OF NEW YORK ________________________________________________________________________ 4827--A 2013-2014 Regular Sessions IN SENATE April 25, 2013 ___________Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the practice of land surveying THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 7203 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows: S 7203. Definition of practice of land surveying. 1. The practice of the profession of land surveying is defined as practicing that branch of the engineering profession and applied mathematics which includes
[the measuring and plotting of the dimensions and areas of any portion of the earth, including all naturally placed and man- or machine-made struc- tures and objects thereon, the lengths and directions of boundary lines, the contour of the surface and]the application of rules and regulations in accordance with local requirements incidental to subdivisions for the correct determination, description, conveying and recording thereof or for the establishment or reestablishment thereof, PROVIDING OR OFFERING TO PROVIDE PROFESSIONAL SERVICES UTILIZING SUCH SCIENCES AS MATHEMATICS AND GEODESY, INVOLVING BOTH A. THE MAKING OF GEOMETRIC MEASUREMENTS AND GATHERING RELATED INFORMATION PERTAINING TO THE PHYSICAL OR LEGAL FEATURES ON THE EARTH, EXISTING IMPROVEMENTS ON THE EARTH, THE SPACE ABOVE, ON OR BELOW THE EARTH AND B. PROVIDING, UTILIZING OR DEVELOPING THE SAME INTO SURVEY PRODUCTS SUCH AS GRAPHICS, DATA, MAPS, PLANS, REPORTS, AND SPECIFICATIONS, INCLUDING THOSE IN FURTHERANCE OF THE SAFE- GUARDING OF LIFE, HEALTH, SAFETY, WELFARE AND PROPERTY OF THE PUBLIC. 2. PROFESSIONAL SERVICES INCLUDING ACTS OF CONSULTATION, INVESTIGATION AND EVALUATION OF LAND TO BE SURVEYED, PROVIDING TESTIMONY, SUBDIVISION PLANNING AND MAPPING, ASSEMBLING, ESTIMATING, SUPERVISION, AND INTER-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08871-02-3 S. 4827--A 2
PRETING GATHERED MEASUREMENTS AND INFORMATION RELATED TO ANY ONE OR MORE OF THE FOLLOWING: A. DETERMINING, BY MEASUREMENT, THE ACTUAL OR PROPOSED CONFIGURATION OR CONTOUR OF THE EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THER- EON BASED, WHERE REQUIRED BY EXISTING STATUTE AND/OR REGULATION, ON THE DESIGN OF A DESIGN PROFESSIONAL OR LOCAL LAW OR ZONING ORDINANCE. B. DETERMINING, BY PERFORMING GEODETIC SURVEYS, THE SIZE AND SHAPE OF THE EARTH OR THE POSITION OF ANY POINT RELATED TO THE EARTH. A GEODETIC SURVEY BEING DEFINED AS THE SCIENCE OF MEASURING THE EARTH OR LARGE PORTIONS OF ITS SURFACE; THE DETERMINATION OF THE EARTH'S FIGURE AND SIZE. C. LOCATING, RELOCATING, ESTABLISHING, REESTABLISHING, OR RETRACING PROPERTY LINES OR BOUNDARIES OF ANY TRACT OR TRACTS OF LAND, ROAD, RIGHT OF WAY, OR EASEMENT. D. MAKING ANY SURVEY FOR A SINGLE LOT OR PLOT OR FOR THE DIVISION, SUBDIVISION OR CONSOLIDATION OF ANY TRACT OR TRACTS OF LAND. E. LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS OR ELEVATIONS FOR THE CONSTRUCTION OF FIXED WORKS. F. DETERMINING, BY THE USE OF PRINCIPLES OF SURVEYING, THE POSITION FOR ANY SURVEY MONUMENT (BOUNDARY OR NON-BOUNDARY) OR REFERENCE POINT; ESTABLISHING OR REPLACING ANY SUCH MONUMENT OR REFERENCE POINT. G. CREATING, PREPARING OR MODIFYING ELECTRONIC, COMPUTERIZED OR OTHER DATA, RELATIVE TO THE PERFORMANCE OF THE ACTIVITIES IN THE ABOVE DESCRIBED PARAGRAPHS A THROUGH F OF THIS SUBDIVISION. 3. NOTHING IN THIS SECTION SHALL REMOVE ANY PREVIOUSLY GRANTED LEGAL OR REGULATORY RIGHTS OR BE CONSTRUED AS PROHIBITING A LICENSED LAND SURVEYOR FROM PROVIDING SERVICES FOR LAND PLANNING, LAND USE, LAND DEVELOPMENT AND/OR ENVIRONMENTAL STUDIES RELATED THERETO, WHICH ARE NOT PRESENTLY RESTRICTED TO THE EXCLUSIVE PRACTICE OF ANOTHER DESIGN PROFES- SIONAL, AND THE RECORDING OR FILING OF DOCUMENTS WITH GOVERNMENTAL BODIES OR AGENCIES. IN ADDITION, NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING ANYONE WHO, UNDER CURRENT LAW, MAY PROVIDE LAND PLANNING, LAND USE, LAND DEVELOPMENT OR ENVIRONMENTAL STUDIES. S 2. Subdivision 2 of section 7206-a of the education law, as amended by chapter 32 of the laws of 1981, is amended to read as follows: 2. In lieu of the degree and experience requirements specified in
[subparagraphs (2)]PARAGRAPHS TWO and [(3)]THREE of subdivision one of this section, AN ASSOCIATES DEGREE AND eight years of practical experi- ence in work satisfactory to the board may be accepted, provided that each full year of college study in engineering or land surveying satis- factory to the department may at the discretion of the board be accepted in lieu of one year of the required eight years of experience. S 3. Section 7208 of the education law is amended by adding a new subdivision q to read as follows: Q. THE MAKING OF MEASUREMENTS UTILIZING THE SCIENCE OF PHOTOGRAMMETRY, DEFINED AS THE SCIENCE OR ART OF OBTAINING RELIABLE MEASUREMENTS THROUGH THE USE OF AERIAL PHOTOGRAPHY AND/OR OTHER ACTIVE OR PASSIVE SENSOR-BASED REMOTE SENSING TECHNOLOGIES, EXCEPT THAT ANY GEODETIC SURVEY TO ESTABLISH CONTROL POINTS NECESSARY TO DERIVE ACCURATE MEASURE- MENTS FROM THE IMAGERY MUST BE MADE BY A LICENSED LAND SURVEYOR. ANY DETERMINATION OF TOPOGRAPHY OR CONTOURS, OR DEPICTION OF PHYSICAL IMPROVEMENTS, UTILIZING PHOTOGRAMMETRIC METHODS OR OTHER REMOTE SENSING TECHNOLOGY BY PERSONS NOT LICENSED AS A LAND SURVEYOR PURSUANT TO THIS ARTICLE, SHALL NOT ESTABLISH ANY BOUNDARY MONUMENTATION OR BOUNDARY METES AND BOUNDS, NOR PROVIDE ANY MEASUREMENT SHOWING THE RELATIONSHIP OF ANY EXISTING PHYSICAL IMPROVEMENTS TO ANY PROPERTY LINE OR BOUNDARY.S. 4827--A 3
S 4. This act shall take effect immediately; provided, however, that section two of this act shall apply only to those individuals seeking to file an application with the department of education pursuant to section 7206-a of the education law who begin their experience on or after the effective date of this act.