Government Advocacy

Architects In Albany Day - May 1, 2012

AIA New York State 2012 Legislative Program

Bills We Support 

Alternative Project Delivery
A. 4735-A (Canestrari)
Co-sponsors: Latimer

S. 3035-A (LaValle)
This bill would authorize various state agencies to utilize alternative project delivery methods, including design-build and construction management-at-risk as methods for the construction, reconstruction, alteration, repair or improvement of a state building. Alternative project delivery methods are a series of practices which break down the traditional owner/designer/constructor silos by integrating the talents of all professionals, using technologies and best practices to maximize efficiency, reduce waste and optimize project results to achieve a higher quality and greater sustainability.

The recently enacted design build authorization for roads and bridges is an acknowledgement that such a process saves both time and money. It makes sense to extend that concept to other capital projects.


Historic Preservation Tax Credit
Assembly Sponsor needed
S.1797-A (Valesky)
Co-sponsors: Carlucci, Grisanti
This legislation would repeal language in the 2010-11 enacted budget that deferred allowance of the historic preservation tax credit until 2013. The historic preservation tax credit was enacted in 2011 precisely because of its positive economic impact on struggling urban areas. Furthermore, the tax credit would spur much needed design and construction activity.
S. 6134 (Grisanti)
This legislation would increase the maximum award available under the historic preservation tax credit from $5 million to $12 million.  Such an expansion would have a positive impact on urban areas, especially Upstate.

Economic Vitality
New Bill
Unemployment in the design, construction and real estate industry is at 13.4 percent. The industry accounts for 5.7 percent of the Gross Domestic Product (GDP), employing more than seven million Americans who design, construct and maintain the infrastructure on which our economy depends. When unemployment in this sector is high, the impact is felt in every community across the nation.

Design and construction is an extremely capital intensive industry. A recent study by Bloomberg Government reports that for every one job in construction, there are 25 applicants. If the industry gets back to work then the national economy will grow. Every additional $1 billion invested in non-residential design and construction would add 3.4 billion to GDP, $1.1 billion to personal earnings, create or sustain 28,500 full-time jobs, and add an additional $2.35 billion in indirect benefits to the economy.

We applaud Governor Cuomo’s economic blueprint for growth outlined his 2012 State of the State Address, namely the proposed convention center in Queens, the master plan for mixed-use space at the Javits Convention Center to revitalize New York City’s West Side, and the $1 billion incentive package for Buffalo.  Each is a bold step that will foster job creation statewide, and conforms to our vision of an enhanced built environment having positive ripple effects throughout the economy. We also support the Regional Economic Development Council initiatives which will jump start projects in every region of the state.
More needs to be done, however, especially on the private sector side. Tax credits should be enacted to incentivize sustainability, as well as encourage homeowners and businesses to initiate long- delayed capital projects.

 
Design Liability Reform
A.2475 (Canestrari)
Co-sponsors: Brook-Krasny, Calhoun, Cook, Latimer, McEneny, Oaks, Ortiz
S.4782 (Griffo)
This legislation is an important step in the effort to protect the rights of injured victims while at the same time restoring fairness and balance to a tort system that has grown costly.

In an action brought by an owner/client against a design professional, a three year statute of limitation applies and the cause of action accrues at the time of injury. Third party suits, however, create a situation of perpetual liability, whereby the injured party has never contracted with the design professional. As a result, design professionals are answerable for an indefinite period after project completion, long after the facility has been subjected to wear, tear and potentially insufficient maintenance.
Design liability reform legislation would strengthen the existing statute by enacting a ten-year statute of repose, plus a one-year limit for any suit brought against a licensed design professional. The legislation recognizes that the design professional has no control over the structure long after construction is complete.


Qualifications-Based Selection For Professional Design Services
New bill pending
The present State Finance Law, Section 136-a, provides state agencies with open competition among design professional firms in the areas of competence, experience, prior performance, and technical qualifications, followed by negotiated compensation. This bill would extend these QBS procedures to public authorities and public benefit corporations.

Good Samaritan Act
A.3884 (Englebright)
Co-sponsors: Barclay, Brook-Krasny, Colton, Galef, J. Rivera, Lavine, McEneny, Perry, Reilly, Schimel, Schimminger, Tobacco
S.4508 (Hannon)
Co-sponsors: Addabbo, Avella, Carlucci, Hassel-Thompson, Oppenheimer
This legislation is important to design professionals and state/local jurisdictions. Architects, landscape architects, engineers and land surveyors can provide essential services during natural or man-made disasters and emergencies to help protect the public, with the confidence that there will be sufficient immunity from liability while providing these services.


Bills We Oppose

Professional Certification, prohibition
A.1528 (Brennan)
Co-sponsors: Abbate, Boyland, Clark, Gottfried, Hevesi, Jaffee, Jeffries, Kellner, Lancman, Millman, Weprin
S.389 (Krueger)
Co-sponsors: Avella, Diaz, Dilan, Hassell-Thompson
S.389 and A.1528 would require that city employees in all cities of New York State approve plans for new construction of any structure within its boundaries. In so doing, the legislation would prohibit any architect or engineer from certifying building plans. Abolition of the self-certification process, in New York City specifically, could result in a tremendous administrative backlog in the already overburdened Department of Buildings, and have long-term negative consequences for both the building community as well as its occupants (commercial tenants or residents).

License Suspension Upon a Determination by the New York City
Department of Buildings A.7734 (Cymbrowitz)
This bill would require the Board of Regents to immediately suspend the professional license of any architect or engineer upon a determination by the Department of Buildings that such individual had “seriously abused” the professional certification program.
Design professionals are licensed by that State Education Department, not the Department of Buildings.

Construction Threshold
A.5827 (Gunther)
Co-sponsors:  Burling, Friend, Palmesano
S.4357 (Young)
Co-sponsors: Breslin, O’Mara, Ritchie
This bill introduced at the request of the Legislative Commission on Rural Resources, would increase the threshold for which the professional services of an architect are required from $20,000 to $50,000 for alterations to private buildings/structures outside New York City. The threshold for all public projects is increased from $5,000 to $50,000. We believe these provisions would compromise public safety and are not in the public interest.


Interior Design Bills
S.430 (Krueger) - Grandfathering
This bill would allow those who have been practicing interior design for over fifteen years to apply to the State Education Department for permission to use the title “certified interior designer” without having to meet the education and examination requirements of the Education law.

GAB 30-Jan-2012

 

Links

New York State Governor’s Office
http://www.state.ny.us/governor/contact/index.html

New York State Senate
List of Senators Who Represents You
http://www.senate.state.ny.us/senatehomepage.nsf/senators?OpenForm New York State Assembly
List of the Members of the Assembly Who Represents You
http://assembly.state.ny.us/mem/

Project Vote
Project Vote is a non-partisan, non-profit 501(c)(3) organization.
http://www.projectvote.org/