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2006 Architects In Albany Lobby Day Initiatives
Legislative Program
2006 Architects In Albany Lobby Day: Architects promoting the built environment for our communities across the state.
ARCHITECTS AS ADVOCATES FOR LIVABLE COMMUNITIES
Architecture profoundly affects the lives of every man, woman and child. Architects are uniquely suited to advocate for more livable communities. They are trained to solve problems, make ideas visible, and synthesize fragmented parts into a coherent whole, all within the context of the built environment. The architect’s role in creating livable communities involves taking into consideration issues of urban design, housing, historic preservation, comprehensive energy, the environment, and health. The AIANYS supports the following legislative initiatives.
Please note that we have included the committee status for each legislation for the 2006 session.
Two bills passed both Houses and were signed into law by the Governor - S.8392/A.11987 which was added to our program after Lobby Day and which is a tax credit to encourage the rehabilitation and restoration of historic commercial and residential structures throughout New York State (this is the first ever historic preservation tax credit to be enacted into law in New York State!) and S.8471/A.12045, which appropriated $300,000,000 for the Restore New York Communities Initiative.
However, as you will note below, we did have specific action on several other bills as a direct result of our Lobby Day efforts this year - design/build, corporate practice for design professions, Good Samaritan. All bills not enacted into law this session will be reintroduced as is customary for the new 2007/2008 two-year session with new bill numbers.
Smart Growth—Livable Communities—Sustainable Development
S.2070, Mr. La Valle / A.3574, Mr. Di Napoli (Senate Environmental Conservation / Passed Assembly))
S.2436-A, Mr. La Valle / A.4847-A, Mr. Di Napoli (Senate Environmental Conservation / Assembly Ways & Means)
A.2429, Mr. Hoyt (Assembly Real Property Tax)
S.2406, Mr. Padavan / A.4645, Mr. Hoyt (Senate Finance / Assembly Ways & Means)
S.8471 / A.12045, Article VII Budget Bill, Restore NY Communities Initiative, was chaptered as 2006 law and appropriates $300,000,000 for this initiative.
We support initiatives to revamp local, state and federal community planning and zoning practices and principles to revitalize development; encourage the re-generation of the physical fabric and infrastructure of our urban, suburban and rural communities across the state; and enhance and improve the quality of life for our residents.
Affordable Housing Initiatives
S.6356-A Marcellino / A.9283-A DiNapoli (Senate Finance / Passed Assembly)
We support initiatives to raise the state’s investment in affordable housing to levels to meet the needs of disadvantaged, moderate and middle-income working families, seniors, and special needs populations in upstate and downstate communities in New York State. Revenues from the real estate transfer tax and the mortgage recording tax surchage, the products of the state’s housing and real estate industry, would make it possible for New York State to increase its capital investment in affordable housing. The state needs a policy of “smart,” environmentally-responsible economic growth that can foster sustainable communities and invest in affordable housing that can be shared with those who have been and are being left out of the housing boom market.
Historic Housing Preservation Tax Credits
S.3794-B Liebell / A.8252-A Canestrari (Passed Senate / Assembly Ways & Means)
S.2431-B, Mr. Padavan / A.4633-B Mr. Hoyt (Passed Senate / Assembly Ways & Means)
S.8392, Mr. Liebell, Mr. Padavan, Ms. Young / A/.11987, Mr. Canestrari (Passed both Senate & Assembly, June 22, & Signed into Law, August 22, 2006.
We support efforts to pass a State Income Tax credit to encourage the rehabilitation and restoration of historic residential housing stock throughout New York State. Historic preservation tax credits are a long-term investment for New York State and pay for themselves over time through increased tax collection. The multiplier effects on society are amazing. Preservation tax credits reinvigorate communities, create jobs, increase the state’s tax rolls, provide affordable housing, and preserve our state’s architectural treasures.
“Crumbling Schools” Initiatives
We support state and federal funding initiatives and appropriations for the repair, maintenance and new construction needed to rehabilitate and modernize our schools so that our students will be prepared to meet the challenges of the 21st Century. There is a fundamental need to build school facilities that will enable the reforms of our education system contemplated by the Campaign for Fiscal Equity Court of Appeals decision. Smaller classes, expanded pre-K, small learning environments, after school programs, all require appropriate educational facilities. Capital investment in our schools also adds much needed safeguards which will ensure structural, environmental and life-safety compliance, will remedy the life-cycles of our school facilities, and will bring them into compliance with applicable building and safety codes as well as with the mandated ADA.
ARCHITECTS AS ADVOCATES FOR IMPROVING DESIGN AND CONSTRUCTION PRACTICE ISSUES
Architects drive the design/construction sector of our nation’s gross domestic product, which represents over 8 percent of the economy. The AIA New York State supports a wide range of legislative issues to improve and enhance the built environment in which we live, work, worship and play. We support legislative initiatives on public procurement and project delivery methods, fair civil-liability laws, housing and building codes, professional licensing and continuing education. The AIANYS supports the following legislative initiatives:
Funding for Prosecution of Illegal Practice
A.8759, Rules (Mr. Canestrari) (Assembly Higher Education)
We strongly support funding for legislation which would establish a ten dollar fee on triennial professional registrations to be used for the implementation of illegal practice investigation and prosecution of unlawful practice of professions. Chapter 615 of the Laws of 2003 provided the State Education Department with the authority to seek injunctive relief against illegally practicing individuals, issue cease and desist orders and seek civil restitution and penalties from unlicensed individuals. Under the prior law, the Department had the responsibility to regulate the State’s professions and investigate allegations of abuse, but lacked the statutory authority to impose meaningful sanctions. This surcharge is necessary to assist the Department in implementing this important legislation. As part of AIANYS’ ongoing relationship with the State Education Department’s Office of the Professions, the Regents’ 2007 Legislative Program contains support for this funding.
Reform of Public Bidding Law for Construction Services
Wicks Reform
S.3699-B, Mr. Volker / A.3315-B, Mr. Schimminger (Senate and Assembly Local Government)
S.4759-A, Mr. Saland / A.8081-A, Ms. Galef (Senate Rules / Assembly Education)
We have long supported repeal of Wicks and continue to favor repeal and/or legislation which would reform the Public Bidding Law for Construction Services, which would provide public owners the freedom to choose efficient construction methods. The state’s multiple-prime mandate (Wicks Law) is costly to New York State. Study after study indicated that non-Wicks projects save time and money on public works projects in New York State. New York State should enact legislation, which would provide state and local public owners with a choice to choose either a single-prime contract or a multiple-prime contract for their public works project. Absent reform or repeal, we would support legislation, which would expand the bid threshold for multiple-prime contracts to $10 million for all levels of government, including state construction agencies, public authorities, public benefit corporations as well as all public education institutions in new exemptions.
Design-Build
S.4785, Mr. Balboni / A.270, Mr. Canestrari (Senate Rules /Assembly Higher Education)
We support amending Article 147 of Title VIII of the State Education Law, which licenses and regulates the profession and practice of architecture, to permit design/build in such a manner that does not diminish or dilute the role and responsibilities of the architect in the design process and that does not compromise or jeopardize the public’s health, safety and welfare as protected by the state’s licensing laws and regulations. While this legislation was on track to be passed in both Houses as a result of our Lobby Day advocacy this year, AIANYS had the bill removed from consideration so that we can add an architect-led design build component as well. As the legislation is written it might not permit architect-led design build contracts and AIANYS supports design-build in which an architect leads the team. AIANYS is currently working with the NYS Boards of Architecture and Engineering to make sure that next session’s legislation is written to protect the architect in a contractor led design-build contract and to permit architect-led design-build under the state’s licensing law.
Corporate Practice of Design Professions
S.1477-A, Mr. La Valle / A.2755-A, Mr. Canestrari (Passed Senate / Assembly Rules)
We support legislation to allow a business corporate practice of design professions, which would limit ownership to under 25% and control of a design professional firm by individuals not licensed under Title VIII of the State Education Law and more than 75% ownership and control by licensed, registered design professionals. This legislation would continue to require that all professional design work be carried out under the responsible design professional. Many states allow design professionals to form regular or business corporations. However, New York remains one of only three states that do not permit some form of business corporate practice (with the exception of its grandfathered corporations). The legislation advanced in both Houses as a result of our Lobby Day advocacy this year. However, the Enron and other corporate scandals are a factor in the State Education Department’s opposition to Corporate Practice for design professions.
Qualifications-Based Selection
S.1894-A, Mr. Robach / A.5672-A, Mr. Schimminger (Senate Finance / Assembly Rules)
We believe that architects and other design professionals should be selected on the basis of professional qualifications and competence. The present State Finance Law, Section 136-a, provides for 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. Government is responsible to the taxpayers for obtaining the best building possible that addresses health and safety considerations as well as maintenance and operating costs for the life-cycle of the building.
Good Samaritan Act
S.4237, Mr. Hannon / A.11246, Mr. Englebright (Senate Veterans, Homeland Security & Military Affairs / Assembly Higher Education)
We support legislation which provides liability protection for architects, landscape architects, engineers and land surveyors who voluntarily provide professional services in response to natural disasters or other catastrophic events. The legislation is important to design professionals as well as to the state and local jurisdictions. Architects, landscape architects, engineers and land surveyors can provide essential needed professional services during natural or manmade disasters and emergencies to help protect the public’s health, safety and welfare with the confidence that there will be sufficient immunity from liability while providing these professional services. Again, as a direct result of our Lobby Day efforts this year, AIANYS was able to secure the sponsorship by Assemblyman Englebright.
Design Liability Reform
Ten-Year Statute of Repose for Third Party Suits
S.1533, Mr. Volker / A.269, Mr. Canestrari. (Senate Codes / Assembly Higher Education)
Civil Justice Reform Act
Certificate of Merit
We support the initiatives of the New Yorkers for Civil Justice Reform for comprehensive tort reform, which will restore fairness, balance and common sense to our civil justice system and which includes the following Design Professionals Liability Reform issues: 10-year Statute of Repose for third party suits brought against design professionals and a Certificate of Merit provision before commencing suit. These legislative bills would extend to design professionals protection from perpetual liability exposure to third party suits in the case of a statute of repose and in the case of a certificate of merit process, protection from non-meritorious litigation in a manner similar to that currently provided for health professionals.
OTHER LEGISLATIVE ISSUES TRACKED BY AIANYS
AIANYS tracks approximately 250 – 300 bills in any given session to make sure that there is no action without our knowledge and advocacy as necessary. Our positions on legislation are categorized as: support, oppose, neutral, watch. To this end, there are always bills that must be opposed which would compromise architects’ practice issues, liability issues, and construction issues. We successfully opposed passage again this session for the following bills:
- Exempting certified interior designers from certain tax mandates. AIANYS required clarification in the legislation that architects would likewise be exempted and were able to contain the legislation from action.
- Requirement that public contracts include a clause authorizing contractors to recover damages for delay for itself as well as on behalf of subcontractors and materialmen.
- Prohibiting certain uses of plastic piping contrary to the International Plumbing Code currently allowed by the New York State code.
- Requirement to mandate architects’ and engineers’ review and stamped approval of work delegated to subcontractors (means and methods).
AIANYS also presented testimony at an Assembly Public Hearing on New York City Department of Buildings issues in September in concert with the five AIA chapters in New York City. Terrence O’Neal, AIA, 2006 President, presented the following comments on behalf of AIANYS:
- Implement a mechanism to report and track written complaints regarding building safety, in similar fashion as 311 calls are now documented for these complaints.
- Code enforcement should remain with those public entities licensed and authorized to do so.
- DOB objections should not be in the public record.
- There should be a means for public and professional review prior to implementation of PPN's, as well as a central resource where these can be researched both by public and professional.
- Audits that result in action by the DOB should be in the public record. Other audits should not be in the public record.
- Where audits result in administrative penalties, the DOB may refer the person or persons for alleged professional misconduct or illegal practice of architecture to the state agency currently authorized to take action, i.e., the State Education Department, Office of Professional Discipline.
- DOB, having granted the privilege of professional certification, should have the right to suspend or revoke that privilege, through due process, perhaps an OATH proceeding.
- No additional enforcement or oversight is required from the SED or other entities, with proper DOB guidelines in place for the professional certification process.
- There should not be a requirement for licensing of a design professional specific to the City of New York. The Design Professions are licensed to practice statewide.
- Although AIANYS believes that professional certification should not be abolished, we will support that decision should it be made. However, all parties involved – architects, engineers, contractors, owners, the Department of Buildings, and the public – benefit from professional certification due to reduced time, less bureaucracy, and less staff required at DOB. The City of New York has benefited greatly from the reduced costs associated with the system. We should not lose sight of the majority instances where professional certification works, and works well to all of our benefit. Additional resources would be needed for DOB to review all construction plans if professional certification were abolished. Although AIANYS does not believe that abolition of professional certification is the answer, our prime concern is the protection of the public health, safety, and welfare. Our second concern is that discipline for professional misconduct remains with the State Education Department, Office of Professional Discipline.
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