S T A T E   O F   N E W   Y O R K
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                                  6031

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M.  of  A.  KOON, MAGEE -- read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  exempting  certain
  persons involved in the design and construction of small onsite waste-
  water  treatment  systems  from  certain  requirements relating to the
  practice of a professional engineer or licensed land surveyor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Subdivisions n, o and p of section 7208 of the education
law, subdivisions n and o as added by chapter 987 of the  laws  of  1971
and  subdivision  p  as  added  by  chapter 954 of the laws of 1972, are
amended and a new subdivision q is added to read as follows:
  n. The design by a land surveyor of roads, drainage, water  supply  or
sanitary sewerage facilities of a minor nature in connection with subdi-
visions  and  the  extension  and  inspection thereof, but not including
sewage disposal or treatment plants, lift  stations,  pumping  stations,
commercial buildings or bridges, provided the surveyor was licensed as a
land surveyor in this state on or before the first day of January in the
year in which this act shall have become a law and files evidence satis-
factory to the board on or before the first day of July in the year next
succeeding the year in which this act shall have become a law, attesting
that  he  is  competent  and experienced in the engineering required for
design of such facilities appurtenant to subdivisions; [or]
  o. Using the title "marine operating engineer", "stationary engineer",
"port of customs surveyor", or "ship surveyor"[.];
  p. Contractors or builders from engaging  in  construction  management
and administration of construction contracts[.]; OR
  Q.  THE  CONSULTATION,  INVESTIGATION,  EVALUATION,  PLANNING, DESIGN,
INSPECTION AND SUPERVISION OF CONSTRUCTION OR OPERATION OF SINGLE-FAMILY
RESIDENTIAL AND SMALL COMMERCIAL  ONSITE  WASTEWATER  TREATMENT  SYSTEMS
WITH  LESS  THAN ONE THOUSAND FIVE HUNDRED GALLONS PER DAY FOR RATES FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02497-01-9
              

A. 6031                             2

CONVENTIONAL TYPE SYSTEMS: ABSORPTION FIELD SYSTEMS, GRAVELLESS  ABSORP-
TION  SYSTEMS,  DEEP ABSORPTION SYSTEMS, SHALLOW ABSORPTION SYSTEMS, CUT
AND FILL SYSTEMS, ABSORPTION BED SYSTEMS, SEEPAGE PITS AND  LOCAL  WAIV-
ERED  SYSTEMS  APPROVED  BY THE NEW YORK STATE DEPARTMENT OF HEALTH BY A
NEW YORK STATE LICENSED  LAND  SURVEYOR  OR  LOCAL  WATERSHED  INSPECTOR
CERTIFIED  BY  THE  NEW  YORK STATE ONSITE WASTEWATER TREATMENT TRAINING
NETWORK (NYSOWTTN) OR OTHER ENTITY APPROVED BY THE DEPARTMENT.  NOTWITH-
STANDING THE PROVISIONS OF THIS PARAGRAPH, LICENSED  PROFESSIONAL  ENGI-
NEERS  AND  PROFESSIONAL ARCHITECTS MAY PERFORM DUTIES AS STATED IN THIS
SUBDIVISION AND SHALL BE EXEMPT FROM CERTIFICATION BY THE NYSOWTTN.
  S 2. This act shall take effect immediately.