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Architects In Albany Day - April 30, 2013
2013 AIANYS Legislative Program
PRIORITY ISSUES
2013 AIANYS Legislative Program
PRIORITY ISSUES
1. Good Samaritan Act
This legislation would provide liability protection for architects who provide essential services (voluntarily and without compensation) during natural or man-made disasters and emergencies to help the public. The need for this legislation was evident in the days following Hurricane Sandy, and this bill has drawn the support of legislators in both the Senate and the Assembly.
A 4380-A (Englebright), referred to Assembly Higher Education Committee
S 3942 (Hannon), referred to Veterans, Homeland Security and Military Affairs Committee
2. Rehabilitation Tax Credit
Tax Credit for Rehabilitation of Distressed Commercial Properties
This legislation establishes a credit against income tax for the rehabilitation of distressed commercial properties; allows for 30% of the qualified rehabilitation expenditures up to $100,000; requires that to be eligible, the commercial property is located within a distressed commercial area, as identified by each locality through local law, that is deemed an area in need of community renewal due to dilapidated vacancies; provides that the property shall be substantially rehabilitated which is where the qualified rehabilitation expenditures in relation to such building total ten thousand dollars.
A 4507 (Schimminger) referred to Assembly Ways & Means Committee
S 2762 (Ranzenhofer) referred to Senate Investigations & Government Operations Committee
We are seeking to amend the bills to include properties located within Superstorm Sandy-affected areas.
Tax Credit for Rehabilitation of Distressed Residential Properties
This legislation establishes a credit against income tax for the rehabilitation of distressed residential properties; allows a credit equal to thirty percent of the qualified rehabilitation expenditures made by the taxpayer with respect to a qualified distressed residential property; requires property that qualifies must be constructed prior to January 1, 1962 in a distressed residential or mixed-use neighborhood.
A 4163 (Schimminger) referred to Assembly Ways & Means
S 2739 (Ranzenhofer) referred to Senate Investigations & Government Operations
We are seeking to amend the bills to include properties located within Superstorm Sandy-affected areas.
3. Historic Preservation Tax Credit
Refundability
Historic preservation tax credit language was included in the 2013-14 Executive Budget (Revenue bill, Parts F and V). Part F extends the historic commercial properties rehabilitation tax credit for five years and makes technical changes to the refundability/carryforward provisions. Part V extends the homeowner historic preservation tax credit through the 2019 tax year. We support the language in the Executive budget.
4. DPC Chapter Amendment
Articulates elements required in amended certificate of incorporation
A 1052 (Lupardo)/S 2898 (LaValle), signed by the Governor on March 15, 2013
OTHER ISSUES
Alternative Project Delivery
In the aftermath of Superstorm Sandy, language to expand design-build to all state agencies (except SUNY and CUNY), and to include the built environment was proposed in the Executive budget, but was not included in the final budget agreement.
2012 legislation (A 4735-A Canestrari/S 3035-A LaValle) has not yet been reintroduced.
Design Liability Reform
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 limitations 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.
S 3334 (Griffo), referred to Senate Judiciary Committee
A 5301 (Pretlow), referred to Assembly Higher Education Committee
Qualifications-Based Selection for Professional Design Services
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.
S 414 (Dilan), referred to Senate Infrastructure & Capital Investment Committee
BILLS WE OPPOSE
Professional Certification, prohibition
A 5196 would require that city employees in all cities in 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 as well as residents).
A 5196 (Brennan), referred to Assembly Cities Committee
License Suspension upon a Determination by the New York City Department of Buildings
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 the State Education Department, not the Department of Buildings.
A 1536 (Cymbrowitz), referred to Assembly Higher Education Committee
Construction Threshold
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 buildings/structures outside New York City. The threshold would also apply to alterations to public or private projects. The minimum square footage threshold for architects, engineers and land surveyors would also rise from 1,500 to 3,000 square feet for residential buildings. We believe these provisions would compromise public safety and are not in the public interest.
A 1267 (Gunther), referred to Assembly Higher Education Committee
S 4333 (Young), referred to Senate Higher Education Committee
Interior Design Bills
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.
No 2013 bill yet
Partnership Agreements
This bill would allow certified interior designers to form partnerships with architects, landscape architects, engineers or land surveyors. We oppose this effort to incorporate a non-licensed profession into a design corporation, with no limitation. If the goal is to allow certified interior designers to become equity stakeholders in selected business entities, we suggest participation via the recently enacted design professional corporation statute, Chapter 550 of the Laws of 2011, which enables non-licensed personnel to obtain an equity interest up to 25 percent.
S 1955 (Ritchie), referred to Senate Corporations, Authorities & Commissions Committee
