Bill Text: NY A01939 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires certain engineering plans or specifications for engineering work or services that could pose a material risk to public safety to bear a stamp of approval of a professional engineer; authorizes the public service commission to promulgate rules and regulations relating to such requirement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A01939 Detail]
Download: New_York-2021-A01939-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1939 2021-2022 Regular Sessions IN ASSEMBLY January 13, 2021 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Higher Education AN ACT to amend the public service law and the education law, in relation to certain engineering plans or specifications for engineer- ing work or services that could pose a material risk to public safety The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 5 of the public service law is amended by adding a 2 new subdivision 7 to read as follows: 3 7. The commission may promulgate rules and regulations necessary for 4 the implementation of section seventy-two hundred thirteen of the educa- 5 tion law relating to engineering plans or specifications for engineering 6 work or services that could pose a material risk to public safety devel- 7 oped by or on behalf of a gas company. 8 § 2. Section 7208 of the education law, as added by chapter 987 of the 9 laws of 1971, the section heading as amended by chapter 475 of the laws 10 of 2014, subdivision g as amended by chapter 994 of the laws of 1971, 11 subdivision l as amended by section 15 of part A of chapter 173 of the 12 laws of 2013, and subdivision p as added by chapter 954 of the laws of 13 1972, is amended to read as follows: 14 § 7208. Exempt persons for the professions of engineering and land 15 surveying. 1. This article shall not be construed to affect or prevent 16 the following, provided that no title, sign, card or device shall be 17 used in such manner as to tend to convey the impression that the person 18 rendering such service is a professional engineer or a land surveyor 19 licensed in this state or is practicing engineering or land surveying: 20 a. Offering to practice in this state as a professional engineer or 21 land surveyor by any person not a resident of, and having no established 22 place of practice in this state, provided that such person is legally 23 qualified for such practice in his own state or country; 24 b. Practice as a professional engineer or land surveyor in this state 25 by any person not a resident, or having no established place of practice 26 in this state, or any person resident in this state but who has arrived 27 in this state within six months, provided, however, such a person shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01021-02-1A. 1939 2 1 have filed an application for license as a professional engineer or land 2 surveyor, and is legally qualified for such practice in the state or 3 country in which he resides or has his place of practice or in which he 4 had his previous residence or place of practice, such exemption continu- 5 ing for only such reasonable time as the board requires to grant or deny 6 the application for license, and a person intending to practice under 7 this subdivision shall so state on the application; 8 c. Practice of engineering or land surveying, by an employee of a 9 county or town, in the construction, improvement or maintenance of a 10 county road or town highway, or by an employee of a county, city, town 11 or village, in the construction, improvement or maintenance of any 12 public work wherein the contemplated expenditure for the completed 13 project does not exceed five thousand dollars; 14 d. Operation or maintenance of steam, power, or refrigeration plants 15 by legally authorized persons not licensed under this article or persons 16 engaged or employed as an engine man, operator or driver of any engine 17 or of any mechanical, electrical, chemical or other device or machine; 18 e. Making of surveys by professional engineers, except that the deter- 19 mination of real property boundaries may be done only by a licensed land 20 surveyor; 21 f. Employment or supervision of interns or other persons qualified by 22 education or experience by professional engineers or land surveyors as 23 assistants in the performance of engineering or land surveying, or as 24 consultants or employees in special fields related to but not uniquely 25 engineering or land surveying, provided that the engineers or land 26 surveyors employing or supervising such persons shall not be relieved of 27 any responsibility whatsoever by delegation to such persons, and 28 provided further that such persons who have attained the bachelor's 29 level of studies in accordance with the requirements of section seven- 30 ty-two hundred six of this title may be employed as junior or assistant 31 engineers or junior or assistant land surveyors, or similar titles, to 32 act under the general direction of a professional engineer or land 33 surveyor, or in work not covered by this article; 34 g. Employment of any person as a junior or assistant engineer or 35 junior or assistant land surveyor in the civil service of the state or 36 its political subdivisions in a position the title of which was approved 37 and in use as of July first, nineteen hundred seventy-one, provided such 38 person acts under the general direction of a licensed professional engi- 39 neer or land surveyor; 40 h. Execution by a contractor or by others of work designed by a 41 professional engineer, or land surveyor, or the superintendence of such 42 work as a superintendent, foreman, or inspector; 43 i. The practice of architecture by an architect licensed in this 44 state, or the practice of landscape architecture by a landscape archi- 45 tect licensed in this state, provided that no such architect or land- 46 scape architect shall use the designation "engineer" or "engineering" 47 unless licensed as a professional engineer in this state; 48 j. The practice of engineering or land surveying or having the title 49 "engineer" or "surveyor" solely as an officer or an employee of a corpo- 50 ration engaged in interstate commerce; 51 k. The practice of engineering by a manufacturing corporation or by 52 employees of such corporation, or use of the title "engineer" by such 53 employees, in connection with or incidental to goods produced by, or 54 sold by, or nonengineering services rendered by, such corporation or its 55 manufacturing affiliates;A. 1939 3 1 l. The practice of engineering or land surveying, or using the title 2 "engineer" or "surveyor" (i) exclusively as an officer or employee of a 3 public service corporation by rendering to such corporation such 4 services in connection with its lines and property which are subject to 5 supervision with respect to the safety and security thereof by the 6 public service commission of this state, the interstate commerce commis- 7 sion or other federal regulatory body and so long as such person is thus 8 actually and exclusively employed and no longer, or (ii) exclusively as 9 an officer or employee of the Long Island power authority or its service 10 provider, as defined under section three-b of the public service law, by 11 rendering to such authority or provider such services in connection with 12 its lines and property which are located in such authority's service 13 area and so long as such person is thus actually and exclusively 14 employed and no longer; 15 m. The making of land surveys by a professional engineer where such 16 land surveys are essential to engineering projects, provided he was 17 licensed as a professional engineer in this state on or before the first 18 day of January in the year in which this act shall become a law and 19 files evidence satisfactory to the board on or before the first day of 20 July in the year next succeeding the year in which this act shall have 21 become law, that he is competent and experienced in such land surveys; 22 n. The design by a land surveyor of roads, drainage, water supply or 23 sanitary sewerage facilities of a minor nature in connection with subdi- 24 visions and the extension and inspection thereof, but not including 25 sewage disposal or treatment plants, lift stations, pumping stations, 26 commercial buildings or bridges, provided the surveyor was licensed as a 27 land surveyor in this state on or before the first day of January in the 28 year in which this act shall have become a law and files evidence satis- 29 factory to the board on or before the first day of July in the year next 30 succeeding the year in which this act shall have become a law, attesting 31 that he is competent and experienced in the engineering required for 32 design of such facilities appurtenant to subdivisions; or 33 o. Using the title "marine operating engineer", "stationary engineer", 34 "port of customs surveyor", or "ship surveyor". 35 p. Contractors or builders from engaging in construction management 36 and administration of construction contracts. 37 2. The exemptions provided for in this section shall not apply to 38 engineering work or services that could pose a material risk to public 39 safety, as determined by the public service commission, performed by or 40 on behalf of a gas company that distributes and sells gas within the 41 state. 42 § 3. The education law is amended by adding a new section 7213 to read 43 as follows: 44 § 7213. Engineering plans; public safety. Any engineering plans or 45 specifications for engineering work or services that could pose a mate- 46 rial risk to public safety, as determined by the public service commis- 47 sion, developed by or on behalf of a gas company shall bear the stamp of 48 approval of a professional engineer; provided, however, that any such 49 plan or specification shall be housed within the applicable gas company 50 subject to review and audit by the public service commission. The 51 public service commission may promulgate any rules and regulations 52 necessary for the implementation of this section. 53 § 4. This act shall take effect eighteen months after it shall have 54 become a law.
