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     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





