NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4753D
SPONSOR: Englebright (MS) TITLE OF BILL: An act to amend the education law, the business corpo-
ration law, the limited liability company law and the partnership law,
in relation to providing for the licensing of the profession of geology;
and to repeal section 12 of chapter 550 of the laws of 2011, amending
the business corporation law and the education law relating to design
professional service corporations
PURPOSE OR GENERAL IDEA OF BILL: To establish the practice of geology
as a licensed profession in the State of New York and to establish stan-
dards of education and experience as a prerequisite to licensure
SUMMARY OF SPECIFIC PROVISIONS: The bill amends the Education Law by
adding six new sections to establish a system of licensure for geolo-
gists practicing in the State of New York. The general provisions for
all professions contained in Article 130 of the Education Law shall
apply to this Article. Geologists meeting the requirements of education,
and experience and who pass a standardized examination, may become
licensed by the New York State Education Department as Professional
Geologists.
The bill expands the combined state board for engineering and land
surveying to include geology for the purpose of assisting the Board of
Regents and the Education Department on matters of professional licens-
ing and professional conduct.
The bill adds geology to the definition of "Design professional service
corporation" and design professional per paragraphs (g) and (h) of
section 1501 of the business corporation law as added by chapter 9 of
the laws of 2013.
The bill adds geology to the list in the opening paragraph (b-5) of
section 1503 of the business corporation law, as amended by chapter 9 of
the laws of 2013.
The bill exempts from its requirements the practice of professional
engineer and the practice of professional land surveying by those duly
licensed in the State of New York. The bill also amends the Business
Corporation Law and the Limited Liability Company Law to authorize
licensed geologists to join with licensed engineers, land surveyors,
architects and landscape architects in the formation of joint enter-
prise, partnership, professional service corporation or a professional
service limited liability company, or any combination thereof.
JUSTIFICATION: Rendering scientific expert opinion regarding geologi-
cal conditions to State or local government agencies and the public can
have significant impact on the environmental quality of New York State
and on the safety, property and well-being of its citizens. Geologists
routinely conduct investigations and provide interpretive geologic
services related to the development and protection of groundwater
resources, the subsurface disposal of hazardous wastes and the potential
for migration of contamination. There are currently twenty-four states,
including California, Illinois, Florida and Pennsylvania that require
licensure of geologists. This bill adds geologists to the list of
professionals currently licensed by the State Education Department.
PRIOR LEGISLATIVE HISTORY: 2013-19 A.4753C Higher Education
FISCAL IMPLICATIONS: The State Education Department estimates the cost
to implement this legislation would be $155,000, to be supported by
licensure fees.
EFFECTIVE DATE: This act shall take effect two years after the date on
which it shall have become a law.
