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Wetlands Protection Expansion or New Yorkers leaving the state for school with a promise to
(S.8008-C/A.9008-C – Budget) return and work in a qualifying engineering capacity.
The State Fiscal Year 2022-23 Budget included a provision to This bill has not moved from Committee and is introduced
expand the protection and regulation of wetlands in New York only in the Assembly.
State. Prior to enactment, wetlands in New York had to be NY Emergency Responder Act
included on an official state map before they could be protected (S.6377/A.5769, sponsored by Senator Savino and
by the Department of Environmental Conservation. With Assemblymember Englebright)
the changes included in the budget, the Department will have
expanded authority to protect all unmapped freshwater wetlands This bill would provide protections for any person, firm, or
and will require permits for activities impacting wetlands greater corporation, including any engineer, architect, landscape
than 7.4 acres in size or of “unusual importance.” Permitting will architect, land surveyor, contractor, subcontractor, laborer,
be required starting in 2028, while the increased jurisdiction of the and/or supplier acting in an official capacity to render advice
or services in connection with a declared emergency. Currently,
Department of Environmental Conservation will begin in 2025. design professionals may be held liable for assistance rendered
Although this was included as part of this year’s budget process, during natural disasters, emergencies, and other catastrophic
there are multiple standalone bills containing similar proposals; events – this shows up most frequently where damage has
these bills have been around for many years without movement.
occurred and a professional is needed to provide advice and
This bill, as part of the budget package, was signed into law on services to determine the integrity of and to stabilize, repair, or
April 9, 2022. rehabilitate structures, buildings, piping, or other engineered
2022 Stagnant Bills of Interest systems on an emergency basis. If enacted, this bill would
provide immunity for the performance of services requested by
Notification of Adjacent Owners government entities during declared emergencies.
(A.855, sponsored by Assemblymember Cahill) This legislation has not moved from Committee in either house.
This legislation would require, where a survey is performed on Geology Grandfather
any parcel, a licensed land surveyor to coordinate such survey (S.3542/A.7884, sponsored by Senator Stavisky and
with the tax map of the parcel and, if there is a discrepancy, Assemblymember Englebright)
to notify all affected landowners. The legislation would also
impose a duty on a licensed land surveyor to provide written This bill would allow certain engineering firms to receive a
notice to a client within 60 days of performing a survey, as well certificate of authority to practice geology. Specifically, this
as notice to all adjacent landowners, of any discrepancy between legislation looks to clarify that all grandfathered engineering
the land map to be filed by a surveyor and the previously filed companies employing licensed professional geologists be
land map. This duty will apply only where the parcel surveyed permitted to obtain certificates of authority to practice geology.
is five acres or less and 2% or more of the property is affected by Geologists would need to be an officer or employee in responsible
a discrepancy. Failure to provide this notice would subject the charge in order to be eligible for the certificate of authority.
land surveyor to a penalty to be determined and imposed by the This bill passed the Senate in 2022 but did not move out of
commissioner of education on recommendation from the State Committee in the Assembly.
Board. Finally, this bill would impose a duty on any person In addition to legislation, NYSAPLS’ Legislative Committee
or corporation subdividing property for sale to the public to works to build and sustain relationships with the New York State
publish notice of a plan to survey or have surveyed the parcel Education Department and the State Board for Engineering,
prior to the subdividing and a duty on a licensed land surveyor Land Surveying, and Geology. These relationships afford
to provide notice to the public of a land survey by posting signs NYSAPLS officers and committees the opportunity to learn
on or near the property 10 days prior to survey, during the about state-led initiatives early on and to work hand-in-hand
survey, and for 30 days after the survey. with the State Education Department to provide information,
This bill has been reintroduced every session since 2000 but feedback, and data as needed and requested.
has never moved. About the Author:
Empire Engineers Initiative Act Emily Whalen is an attorney with Brown &
(A.423, sponsored by Assemblymember Rozic) Weinraub, PLLC, where she works with a
broad range of clients, including hospitals, not-
This legislation would create an incentive program to increase the for-profit organizations, cannabis licensees and
number of engineers in New York State. It would provide for loan professional associations, providing statutory
repayment assistance to individuals attending SUNY/CUNY interpretation and assistance with regulatory guidelines. Prior to
schools and majoring in Science, Technology, Engineering, and joining Brown & Weinraub, she spent several years at two other
Mathematics with a promise to work in a qualifying engineering lobbying firms representing and advocating for clients before the
capacity in New York State for at least five years after graduation, legislature and executive branch in New York State.
EMPIRE STATE SURVEYOR / VOL. 58 • NO 5/ 2022 • SEPTEMBER/OCTOBER 17