senate Bill S4357

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A5827
Versions:
S4357
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd ยงยง7209 & 7307, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5487, A8257
2007-2008: S3225A, A6686A

Votes

9
1
9
Aye
1
Nay
8
aye with reservations
0
absent
0
excused
0
abstained
show Higher Education committee vote details

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4357

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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.

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