The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    544
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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:
 
   Section 1. Section 5 of the public service law is amended by adding  a
 new subdivision 7 to read as follows:
   7.  THE  COMMISSION MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR
 THE IMPLEMENTATION OF SECTION SEVENTY-TWO HUNDRED THIRTEEN OF THE EDUCA-
 TION LAW RELATING TO ENGINEERING PLANS OR SPECIFICATIONS FOR ENGINEERING
 WORK OR SERVICES THAT COULD POSE A MATERIAL RISK TO PUBLIC SAFETY DEVEL-
 OPED BY OR ON BEHALF OF A GAS COMPANY.
   § 2. Section 7208 of the education law, as added by chapter 987 of the
 laws of 1971, the section heading as amended by chapter 475 of the  laws
 of  2014,  subdivision  g as amended by chapter 994 of the laws of 1971,
 subdivision l as amended by section 15 of part A of chapter 173  of  the
 laws  of  2013, and subdivision p as added by chapter 954 of the laws of
 1972, is amended to read as follows:
   § 7208. Exempt persons for the professions  of  engineering  and  land
 surveying.  1.  This article shall not be construed to affect or prevent
 the following, provided that no title, sign, card  or  device  shall  be
 used  in such manner as to tend to convey the impression that the person
 rendering such service is a professional engineer  or  a  land  surveyor
 licensed in this state or is practicing engineering or land surveying:
   a.  Offering  to  practice in this state as a professional engineer or
 land surveyor by any person not a resident of, and having no established

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

                                                            LBD01021-02-1

 S. 544                              2
 
 place of practice in this state, provided that such  person  is  legally
 qualified for such practice in his own state or country;
   b.  Practice as a professional engineer or land surveyor in this state
 by any person not a resident, or having no established place of practice
 in this state, or any person resident in this state but who has  arrived
 in  this state within six months, provided, however, such a person shall
 have filed an application for license as a professional engineer or land
 surveyor, and is legally qualified for such practice  in  the  state  or
 country  in which he resides or has his place of practice or in which he
 had his previous residence or place of practice, such exemption continu-
 ing for only such reasonable time as the board requires to grant or deny
 the application for license, and a person intending  to  practice  under
 this subdivision shall so state on the application;
   c.  Practice  of  engineering  or  land surveying, by an employee of a
 county or town, in the construction, improvement  or  maintenance  of  a
 county  road  or town highway, or by an employee of a county, city, town
 or village, in the  construction,  improvement  or  maintenance  of  any
 public  work  wherein  the  contemplated  expenditure  for the completed
 project does not exceed five thousand dollars;
   d. Operation or maintenance of steam, power, or  refrigeration  plants
 by legally authorized persons not licensed under this article or persons
 engaged  or  employed as an engine man, operator or driver of any engine
 or of any mechanical, electrical, chemical or other device or machine;
   e. Making of surveys by professional engineers, except that the deter-
 mination of real property boundaries may be done only by a licensed land
 surveyor;
   f. Employment or supervision of interns or other persons qualified  by
 education  or  experience by professional engineers or land surveyors as
 assistants in the performance of engineering or land  surveying,  or  as
 consultants  or  employees in special fields related to but not uniquely
 engineering or land surveying,  provided  that  the  engineers  or  land
 surveyors employing or supervising such persons shall not be relieved of
 any  responsibility  whatsoever  by  delegation  to  such  persons,  and
 provided further that such persons  who  have  attained  the  bachelor's
 level  of  studies in accordance with the requirements of section seven-
 ty-two hundred six of this title may be employed as junior or  assistant
 engineers  or  junior or assistant land surveyors, or similar titles, to
 act under the general direction  of  a  professional  engineer  or  land
 surveyor, or in work not covered by this article;
   g.  Employment  of  any  person  as  a junior or assistant engineer or
 junior or assistant land surveyor in the civil service of the  state  or
 its political subdivisions in a position the title of which was approved
 and in use as of July first, nineteen hundred seventy-one, provided such
 person acts under the general direction of a licensed professional engi-
 neer or land surveyor;
   h.  Execution  by  a  contractor  or  by  others of work designed by a
 professional engineer, or land surveyor, or the superintendence of  such
 work as a superintendent, foreman, or inspector;
   i.  The  practice  of  architecture  by  an architect licensed in this
 state, or the practice of landscape architecture by a  landscape  archi-
 tect  licensed  in  this state, provided that no such architect or land-
 scape architect shall use the designation  "engineer"  or  "engineering"
 unless licensed as a professional engineer in this state;
   j.  The  practice of engineering or land surveying or having the title
 "engineer" or "surveyor" solely as an officer or an employee of a corpo-
 ration engaged in interstate commerce;

 S. 544                              3
 
   k. The practice of engineering by a manufacturing  corporation  or  by
 employees  of  such  corporation, or use of the title "engineer" by such
 employees, in connection with or incidental to  goods  produced  by,  or
 sold by, or nonengineering services rendered by, such corporation or its
 manufacturing affiliates;
   l.  The  practice of engineering or land surveying, or using the title
 "engineer" or "surveyor" (i) exclusively as an officer or employee of  a
 public  service  corporation  by  rendering  to  such  corporation  such
 services in connection with its lines and property which are subject  to
 supervision  with  respect  to  the  safety  and security thereof by the
 public service commission of this state, the interstate commerce commis-
 sion or other federal regulatory body and so long as such person is thus
 actually and exclusively employed and no longer, or (ii) exclusively  as
 an officer or employee of the Long Island power authority or its service
 provider, as defined under section three-b of the public service law, by
 rendering to such authority or provider such services in connection with
 its  lines  and  property  which are located in such authority's service
 area and so long  as  such  person  is  thus  actually  and  exclusively
 employed and no longer;
   m.  The  making  of land surveys by a professional engineer where such
 land surveys are essential to  engineering  projects,  provided  he  was
 licensed as a professional engineer in this state on or before the first
 day  of  January  in  the  year in which this act shall become a law and
 files evidence satisfactory 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 law, that he is competent and experienced in such land surveys;
   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.
   2.  THE  EXEMPTIONS  PROVIDED  FOR  IN THIS SECTION SHALL NOT APPLY TO
 ENGINEERING WORK OR SERVICES THAT COULD POSE A MATERIAL RISK  TO  PUBLIC
 SAFETY,  AS DETERMINED BY THE PUBLIC SERVICE COMMISSION, PERFORMED BY OR
 ON BEHALF OF A GAS COMPANY THAT DISTRIBUTES AND  SELLS  GAS  WITHIN  THE
 STATE.
   § 3. The education law is amended by adding a new section 7213 to read
 as follows:
   §  7213.  ENGINEERING  PLANS;  PUBLIC SAFETY. ANY ENGINEERING PLANS OR
 SPECIFICATIONS FOR ENGINEERING WORK OR SERVICES THAT COULD POSE A  MATE-
 RIAL  RISK TO PUBLIC SAFETY, AS DETERMINED BY THE PUBLIC SERVICE COMMIS-
 SION, DEVELOPED BY OR ON BEHALF OF A GAS COMPANY SHALL BEAR THE STAMP OF
 APPROVAL OF A PROFESSIONAL ENGINEER; PROVIDED, HOWEVER,  THAT  ANY  SUCH
 PLAN  OR SPECIFICATION SHALL BE HOUSED WITHIN THE APPLICABLE GAS COMPANY
 SUBJECT TO REVIEW AND AUDIT BY  THE  PUBLIC  SERVICE  COMMISSION.    THE

 S. 544                              4
 
 PUBLIC  SERVICE  COMMISSION  MAY  PROMULGATE  ANY  RULES AND REGULATIONS
 NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   §  4.  This  act shall take effect eighteen months after it shall have
 become a law.