BILL NUMBER:  S4821

 TITLE OF BILL :
An act to amend the education law, in relation to exempting certain
persons involved in the design and construction of small onsite
wastewater treatment systems from certain requirements relating to the
practice of a professional engineer or licensed land surveyor


 PURPOSE OF BILL :
To provide an exemption from the requirements that a single family
residential or small commercial wastewater treatment system be
designed by a licensed professional engineer or architect, and
alternatively require that a system be reviewed by an individual who
has been certified by the New York State On-site Wastewater Treatment
Training Network or other entity approved by the Department.

 SUMMARY OF PROVISIONS :
The bill adds a new subdivision q to Section 7208 of the Education law
which would provide an exemption from the requirement that a licensed
professional engineer or architect must design an on-site wastewater
treatment system. The bill specifically provides this exemption for
the consultation, investigation, evaluation, planning, design,
inspection and supervision of construction or operation of
single-family residential and small commercial on-site wastewater
treatment systems with less than 1500 gallons per day for rates for
              

conventional systems; absorption field systems, cut and fill systems,
deep absorption systems, shallow absorption systems, absorption bed
systems, sewage pits and local waivered systems approved by the New
York State Department of Health by a person certified by the NYS
On-site Wastewater Training Network or other entity approved by the
department.

 JUSTIFICATION :
The New York State Department of Health has recently issued a "fact
sheet" regarding the "Need for Licensed Design Professionals for
Residential Wastewater Treatment Systems" and circulated it to
regulatory officials and other involved parties. The fact sheet
provides clarifying guidance about the application of the Education
law and the interpretation that a design professional will include
only a licensed professional engineer or architect for purposes of
designing a residential on-site wastewater treatment system.

This change in policy is a departure from the prior interpretation
utilized by local health departments and will result in significant
additional costs to homeowners who either install a new system or
repair a system. Licensed professional engineers and architects can
charge up to $125 per hour, adding approximately $2,000-2,500 or more
in additional design costs to a treatment system. Numerous locally
regulated watershed enforcement authorities throughout the state (such
as the Keuka Lake Watershed Cooperative and the Canandaigua Lake
Watershed Inspection Program) have been developed and currently use
appropriately trained watershed inspectors who are not licensed
professional engineers. The individuals routinely review on-site
residential septic systems in many rural areas of the state. In the
small minority of cases, where the local inspectors do not have the
design capabilities to meet specific site restrictions, the program
personnel then refer property owners to certified engineers.  These
principles of application would be carried out in this proposed
amendment, which seeks to match necessary capabilities with limited
resources in rural areas and reduce unnecessary costs to homeowners.

If the new Department of Health interpretation stands, it would affect
approximately 1.5 million households in New York which utilize on-site
wastewater treatment systems. One third of all new homes utilize
wastewater treatment systems and could as well be affected.
Possible effects include delaying new home starts, slowing repairs to
existing systems, providing more exposure to health hazards and
placing a great deal of economic hardship upon many households. The
proposed amendment would ensure a qualified professional review of the
onsite treatment system while at the same time reducing the harsh
economic impact of the new interpretation.

 LEGISLATIVE HISTORY :
2007-08: S.922, Referred to Higher Education

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.