Establishes the profession of geology; provides for professional licensing for geologists; repealer

BILL NUMBER:S3810D

Title of bill

An act to amend the education law, the business corporation law, the limited liability company law and the partnership law, in relation to providing for the licensing of the profession of geology; and to repeal section 12 of chapter 550 of the laws of 2011, amending the business corporation law and the education law relating to design professional service corporations

Purpose

To establish the practice of geology as a licensed profession in the State of New York and to establish standards of education and experience as a prerequisite to licensure

Summary of provisions

The bill amends the Education Law by adding six new sections to establish a system of licensure for geologists practicing in the State of New York. The general provisions for all professions contained in Article 130 of the Education Law shall apply to this Article. Geologists meeting the requirements of education, and experience and who pass a standardized examination, may become licensed by the New York State Education Department as Professional Geologists.

The bill expands the combined state board for engineering and land surveying to include geology for the purpose of assisting the Board of Regents and the Education Department on matters of professional licensing and professional conduct.

The bill adds geology to the definition of "Design professional service corporation" and design professional per paragraphs (g) and (h) of section 1501 of the business corporation law as added by chapter 9 of the laws of 2013.

The bill adds geology to the list in the opening paragraph (b-5) of section 1503 of the business corporation law, as amended by chapter 9 of the laws of 2013.

The bill exempts from its requirements the practice of professional engineer and the practice of professional land surveying by those duly licensed in the State of New York. The amendment clarifies that licensed engineers can continue their engineering activities as it relates to geology. The bill also amends the Business Corporation Law and the Limited Liability Company Law to authorize licensed geologists to join with licensed engineers, land surveyors, architects and landscape architects in the formation of joint enterprise, partnership, professional service corporation or a professional service limited liability company, or any combination thereof.

Justification

Rendering scientific expert opinion regarding geological conditions to State or local government agencies and the public can have significant impact on the environmental quality of New York State and on the safety, property and well-being of its citizens. Geologists routinely conduct investigations and provide interpretive geologic services

related to the development and protection of groundwater resources, the subsurface disposal of hazardous wastes and the potential for migration of contamination.

There are currently twenty-four states, including California, Illinois, Florida and Pennsylvania that require licensure of geologists. This bill adds geologists to the list of professionals currently licensed by the State Education Department.

Legislative history

2013-14:S. 3810-B Passed Senate/A. 4753-B Higher Education

Fiscal implications

The State Education Department estimates the cost to implement this legislation would be $155,000, to be supported by licensure fees.

Effective date

This act shall take effect two years after the date on which it shall have become a law.