Page 11 - 07-2022-ESS-Final_Neat

Committee Updates
Did you know ALL of our committees have a webpage with
meeting minutes and other member resources? We post brief
monthly updates for all committees in our HQ news feature. But
if you’re looking for more details, visit our website committee
pages and see what they’ve been up to! *New Website Feature*
NYSAPLS Member News Form
Member Benefit Reminder: Free Webinars! NYSAPLS is dedicated to highlighting the
The NYSAPLS Finance Committee has received approval important and extraordinary work our members
from the NYSAPLS Board of Directors to once again offer our do each and every day. We’ve created a new web
members TWO (2) FREE 1-hour 1st Friday Webinars for the feature to submit your current projects and
2022-2023 dues year as an added member benefit ($98 value). A local survey related news. Visit https://www.
coupon including the promo code will be sent to you after your nysapls.org/MemberNewsForm to share
membership has been renewed. If you miss placed your coupon, your news. By participating, you will help us
contact our office for the promo code. Promo code valid for use curate blog posts and other media collateral to
towards two 1-hour First Friday webinars only. Must be used by showcase our members and the profession of
6/30/23. Offer not redeemable for cash or future credit. Not valid
towards previous purchases. May not be combined with any other land surveying.
coupons or discounts. May not be transferred.

SAPLS Members
Legislative Highlights for NYSAPLS Members
Legislative Highlights for NY
The 2022 Legislativ e S ession has come to a close in N e w Y or k S tate; while the legislatur e could r eturn at any time, they ar e not
The 2022 Legislative Session has come to a close in New York State; while the legislature could return at any time, they are not
s ESS; until then, see belo
eptember
’
w for a
e wrap-up in S
scheduled to be back in session until J
scheduled to be back in session until January. Look for a full legislative wrap-up in September’s ESS; until then, see below for a
anuar
. Look for a full legislativ
y
brief update on items of interest to NYSAPLS:
brief update on items of inter est to NYSAPLS:
er
• DOT Waiver (S.8472-B by Senator Mannion and • ESOP (S.5261-B/A.1891-D, sponsor ed by S enator
(S.8472-B by S
enator M
DO
•
aiv
T W
annion and
• ESOP (S.5261-B/A.1891-D, sponsored by Senator
A.9894 by Assemblywoman Paulin)
A.9894 by A ssemblywoman P aulin) K ennedy and A ssemblywoman L upar do)
Kennedy and Assemblywoman Lupardo)
ighway Law; the Assembly
This legislation amends the H
This legislation amends the Highway Law; the Assembly This legislation would allow Design Professional
esign P
ofessional
r
This legislation would allo
w D
version allows the Commissioner of the Department
v ersion allo ws the Commissioner of the D epar tment Corporation (DPC) firms in N e w Y or k S tate to be up
Corporation (DPC) firms in New York State to be up
T
ranspor
ey
v
of Transportation to waive the requirement of a survey to 100% ESOP (Employee Stock Ownership Plan) if
of
ement of a sur
e the r
equir
tation to waiv
to 100% ESOP (E
mplo
ee S
tock Ownership P
y
lan) if
as par
eement with a fiber optic utility for use
t of an agr
as part of an agreement with a fiber optic utility for use cer tain conditions on the composition of the ESOP and
certain conditions on the composition of the ESOP and
and occupancy of a state right-of-way for the purpose of
and occupancy of a state right-of-way for the purpose of the DPC’s board and leadership are met. If more than
f mor
s boar
d and leadership ar
e met. I
e than
the DPC’
installing, modifying, relocating, repairing, operating, 75% of the plan ’ s v oting tr ustees or mor e than 75% of
installing, modifying, r
epairing, operating,
elocating, r
75% of the plan’s voting trustees or more than 75% of
t
or maintaining fiber optic facilities, including as par
or maintaining fiber optic facilities, including as part the plan ’ s committee members ar e design pr ofessionals,
the plan’s committee members are design professionals,
s consolidated application wher
tment
e
epar
of the Department’s consolidated application where 100% ESOP ownership is permitted. An ESOP owning
of the D
’
wning
wnership is permitted. An ESOP o
100% ESOP o
the use and occupancy of the right-of-way is utilizing more than 25% of the outstanding shares of a DPC
the use and occupancy of the right-of-way is utilizing
mor
es of a DPC
e than 25% of the outstanding shar
existing infrastr uctur e such as aerial pole attachments and will be r equir ed to r egister with the S tate E ducation
existing infrastructure such as aerial pole attachments and
will be required to register with the State Education
ersion of this pr
oposal
ound conduits. The S
underground conduits. The Senate version of this proposal
undergr
enate v
tificate granting the
tment and will be issued a cer
epar
D
ersion as it sets
ement o
is an impr
o
v
er the Assembly v
v
is an improvement over the Assembly version as it sets Department and will be issued a certificate granting the
ESOP the authority to hold shar
es of such corporation;
er
er of a sur
for
ey so that the waiv
v
th guidelines for waiv
forth guidelines for waiver of a survey so that the waiver ESOP the authority to hold shares of such corporation;
tificate will
the
to
cer
misconduct
pr
be
ofessional
subject
is permitted only in instances wher e it can be r easonably the certificate will be subject to professional misconduct
is permitted only in instances where it can be reasonably
provisions and those failing to maintain an active
expected that the existing sur v ey on file is up to date. pr o visions and those failing to maintain an activ e
expected that the existing survey on file is up to date.
egistration will be subject to discipline. ESOP
s shall not
NYSAPLS issued a “M emo of Concern ” in r esponse r registration will be subject to discipline. ESOPs shall not
NYSAPLS issued a “Memo of Concern” in response
influence, or attempt to influence, any decisions falling
influence, or attempt to influence, any decisions falling
o
v
ed language in the
to these bills; even with the improved language in the within a design professional’s scope of practice.
to these bills; ev
en with the impr
ofessional
within a design pr
’
s scope of practice.
Senate version, NYSAPLS feels that any allowance of a
wance of a
S
ersion, NYSAPLS feels that any allo
enate v
This bill passed both houses of the legislatur
e (in the
waiv
waiver of the survey requirement could negatively impact This bill passed both houses of the legislature (in the
ey r
ement could negativ
v
er of the sur
ely impact
equir
Senate, the bill passed 3 times and each time the vote was
ate pr
y
ty rights b
oper
consumers and infringe on priv
consumers and infringe on private property rights by S enate, the bill passed 3 times and each time the v ote was
unanimous; in the Assembly, there was one no vote) and
increasing the opportunity for fiber optic equipment to
incr easing the oppor tunity for fiber optic equipment to unanimous; in the Assembly , ther e was one no v ote) and
e or v
eto
y to the G
be incorrectly located.
awaits deliv
er
o
v
ernor for her signatur
be incorr ectly located. awaits delivery to the Governor for her signature or veto. .
The S enate v ersion of the bill passed 63-0 but the Assembly U pdate pr o vided by NYSAPLS Legislativ e C ounsel,
The Senate version of the bill passed 63-0 but the Assembly
Update provided by NYSAPLS Legislative Counsel,
bill r emains in Committee. E mily Whalen, E sq., of B r o wn & W einr aub, PLL C.
bill remains in Committee.
Emily Whalen, Esq., of Brown & Weinraub, PLLC.
EMPIRE STATE SURVEYOR / VOL. 58• NO 4/ 2022 • JULY/AUGUST 9