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A04327 Summary:

BILL NOA04327
 
SAME ASNo Same As
 
SPONSORGunther
 
COSPNSRSteck, Palmesano, Friend, Fitzpatrick, Hawley, Giglio JM
 
MLTSPNSR
 
Amd §§7209 & 7307, Ed L
 
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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A04327 Actions:

BILL NOA04327
 
02/14/2023referred to higher education
01/03/2024referred to higher education
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A04327 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4327
 
SPONSOR: Gunther
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: 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 SPECIFIC 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 maintenance of build- ings, structures and public works, and reflects an inflation adjusted figure in keeping with current costs.   PRIOR LEGISLATIVE HISTORY: 2021-22: A5282 referred to Higher Education 2019-20: A3626 referred to Higher Education 2017-18: A841 referred to Higher Education 2015-16: A1017/S6605 referred to Higher Education 2013-14: A1267A/S4333 referred to Higher Education 2011-12: A5827 referred to Higher Education/S4357 committed to Rules 2009-10: A8257 referred to Higher Education/S5487 referred to Higher Education 2007-08: A6686A referred to Higher Education/S3225A Passed Senate.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A04327 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4327
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2023
                                       ___________
 
        Introduced  by  M. of A. GUNTHER, STECK, PALMESANO, FRIEND, FITZPATRICK,
          HAWLEY, J. M. GIGLIO -- read once and referred  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:
 
     1    Section  1.  Subdivision  3  of  section 7209 of the education law, as
     2  added by chapter 987 of the laws of 1971, is amended to read as follows:
     3    3.  No county, city, town or village or other political subdivision of
     4  this state shall engage in the construction or maintenance of any public
     5  work involving engineering or land surveying for which plans, specifica-
     6  tions and estimates have not been made  by,  and  the  construction  and
     7  maintenance  supervised  by,  a  professional engineer or land surveyor;
     8  provided that this section shall not apply to the construction, improve-
     9  ment or maintenance of county roads or town highways, nor to  any  other
    10  public  works  wherein  the  contemplated  expenditure for the completed
    11  project does not exceed [five]  fifty  thousand  dollars.  This  section
    12  shall not be construed as affecting or preventing any county, city, town
    13  or village or other political subdivision of this state from engaging an
    14  architect  licensed in this state for the preparation of plans, specifi-
    15  cations and estimates for and the supervision of construction or mainte-
    16  nance of public works.
    17    § 2. Paragraph b of subdivision 7 of section  7209  of  the  education
    18  law,  as added by chapter 987 of the laws of 1971, is amended to read as
    19  follows:
    20    b. To alterations to any building or  structure  costing  [ten]  fifty
    21  thousand  dollars  or  less  which  do not involve changes affecting the
    22  structural safety or  public  safety  thereof  nor  to  farm  buildings,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09063-01-3

        A. 4327                             2
 
     1  including barns, sheds, poultry houses and other buildings used directly
     2  and  solely  for  agricultural  purposes;  nor to residence buildings of
     3  gross floor area of fifteen hundred square feet or less,  not  including
     4  garages,  carports,  porches,  cellars,  or  uninhabitable  basements or
     5  attics.
     6    § 3. Subdivision 5 of section 7307 of the education law, as  added  by
     7  chapter  987  of the laws of 1971, paragraph 1 as amended by chapter 994
     8  of the laws of 1971 and paragraph 2 as amended by  chapter  591  of  the
     9  laws of 1986, is amended to read as follows:
    10    5. This article shall not apply to:  [1.] a. Farm buildings, including
    11  barns, sheds, poultry houses and other buildings used directly and sole-
    12  ly  for  agricultural purposes; nor to residence buildings of gross area
    13  of fifteen hundred square feet or less, not including garages, carports,
    14  porches, cellars, or uninhabitable basements or attics; or
    15    [2.] b. Alterations, costing ten thousand  dollars  or  less,  to  any
    16  building  or  structure  within  the city of New York and [twenty] fifty
    17  thousand dollars or less, to any building or structure outside the  city
    18  of New York which do not involve changes affecting the structural safety
    19  or public safety thereof.
    20    § 4. This act shall take effect immediately.
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