Page 28 - NYS_ESS_09-2025
P. 28
2025 End of Session Legislative Update
2025 End of Session Legislative Update
By Emily Whalen, Esq., NYSAPLS Legislative Counsel
The 2025 Legislative Session ended in mid-June; this was the first bill has been championed in recent years by an out-of-state not-for-
year of the 2-year legislative session so all legislation introduced in profit that performs engineering services related to wetlands
2025 will remain live and retain the same numbers in 2026. While it is conservation in New York State. While it has been drafted narrowly to
possible the state legislature may return to session in the fall to address apply solely to the practice of engineering, NYSAPLS has concerns with
budget cuts resulting from federal activity, at this time it is not anticipated the precedent that would be set by the bill’s enactment. This bill passed
that there will be other legislation dealt with during that session. in the Senate for the second time but has never moved in the Assembly.
Following are some highlights of legislation of interest to NYSAPLS: S.620-A (Stavisky)/A.2571-A (McDonald): This legislation
would create a 2-year window for grandfathered engineering firms to
2025 Bill Highlights
amend their articles of incorporation to include the practice of geology
S.4591 (Cooney)/A.7379 (Vanel): This bill would limit the
as long as the corporation has one director or officer licensed to
liability of licensed design professionals by ensuring that indemnification
practice geology in New York. This bill passed the Senate for the sixth
obligations in public works contracts are proportionate to their actual
time but has never moved in the Assembly.
responsibility. If enacted, public entities would be prohibited from
requiring design professionals to defend or indemnify for damages that NSRS Draft Legislation
are not the result of their own negligence, recklessness, or willful At NYSAPLS’ May 30th Board of Director’s meeting, the Government
misconduct. NYSAPLS issued in a memo in support of this legislation, Relations Committee proposed a draft to incorporate the new 2022
but it did not advance in either house of the legislature this year. Datum (and future NSRS datums) into New York State law. Directors
S.2146 (Cooney)/A.4907 (Pretlow): This legislation establishes were asked to share the draft with their local members for comment.
a ten-year statute of repose, with a one-year grace period, for actions to We did not receive any comments as of the July 18th Board meeting.
recover damages for injury or wrongful death against a licensed design You can view the draft here. If you have any questions or comments for
professional or others in the construction industry. This legislation the committee, please email us.
moved through committee in the Senate but did not advance in the More than Bill Monitoring…
Assembly. NYSAPLS issued a memo in support of this bill as it has does In addition to legislation, NYSAPLS’ Government Relations Committee
in prior years. works to build and sustain relationships with other organizations, state
S.5392 (Scarcella-Spanton)/A.483 (Clark): This bill would departments and like-minded professionals. These relationships afford
allow foreign not-for-profit corporations to obtain a certificate of NYSAPLS members the opportunity to learn about state-led initiatives
authority to engage in engineering for conservation efforts to do early on and work collaboratively.
business or provide professional design services in New York State. The
26 EMPIRE STATE SURVEYOR / VOL. 61 • NO 5 / 2025 • SEPTEMBER/OCTOBER

