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History
- Referred to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to person exempt from licensure as a professional engineer or licensed land surveyor
In Assembly Committee · Higher Education · Sponsor David Koon
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to exempting certain persons involved in the design and construction of small onsite wastewater treatment systems from certain requirements relating to the practice of a professional engineer or licensed land surveyor
Purpose of bill
To provide an exemption from the requirements that a single family residential or small commercial wastewater treatment system be designed by a licensed professional engineer or architect, and alternatively require that a system be reviewed by an individual who has been certified by the New York State On-site Wastewater Treatment Training Network or other entity approved by the Department.
Summary of provisions
The bill adds a new subdivision q to Section 7208 of the Education law which would provide an exemption from the requirement that a licensed professional engineer or architect must design an on-site wastewater treatment system. The bill specifically provides this exemption for the consultation, investigation, evaluation, planning, design, inspection and supervision of construction or operation of single-family residential and small commercial on-site wastewater treatment systems with less than 1500 gallons per day for rates for conventional systems; absorption field systems, cut and fill systems, deep absorption systems, shallow absorption systems, absorption bed systems, sewage pits and local waivered systems approved by the New York State Department of Health by a person certified by the NYS On-site Wastewater Training Network or other entity approved by the department.
Read the full memo (606 words)
Justification
The New York State Department of Health has recently issued a "fact sheet" regarding the "Need for Licensed Design Professionals for Residential Wastewater Treatment Systems" and circulated it to regulatory officials and other involved parties. The fact sheet provides clarifying guidance about the application of the Education law and the interpretation that a design professional will include only a licensed professional engineer or architect for purposes of designing a residential on-site wastewater treatment system.
This change in policy is a departure from the prior interpretation utilized by local health departments and will result in significant additional costs to homeowners who either install a new system or repair a system. Licensed professional engineers and architects can charge up to $125 per hour, adding approximately $2,000-2,500 or more in additional design costs to a treatment system. Numerous locally regulated watershed enforcement authorities throughout the state (such as the Keuka Lake Watershed Cooperative and the Canandaigua Lake Watershed Inspection Program) have been developed and currently use appropriately trained watershed inspectors who are not licensed professional engineers. The individuals routinely review on-site residential septic systems in many rural areas of the state. In the small minority of cases, where the local inspectors do not have the design capabilities to meet specific site restrictions, the program personnel then refer property owners to certified engineers. These principles of application would be carried out in this proposed amendment, which seeks to match necessary capabilities with limited resources in rural areas and reduce unnecessary costs to homeowners.
If the new Department of Health interpretation stands, it would affect approximately 1.5 million households in New York which utilize on-site wastewater treatment systems. One third of all new homes utilize wastewater treatment systems and could as well be affected. Possible effects include delaying new home starts, slowing repairs to existing systems, providing more exposure to health hazards and placing a great deal of economic hardship upon many households. The proposed amendment would ensure a qualified professional review of the onsite treatment system while at the same time reducing the harsh economic impact of the new interpretation.
Legislative history
2007-08: S.922, Referred to Higher Education
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.