S 5392: Relates to permitting certain not-for-profit corporations engaged in engineering for certain conservation efforts to do business or provide professional engineering, land surveying, or professional geology services in the state.

  
  STATE OF NEW YORK ________________________________________________________________________ 5392 2025-2026 Regular Sessions  IN SENATE February 21, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to permitting certain not-for-profit corporations engaged in engineering for certain conser- vation efforts to do business or provide professional engineering, land surveying, or professional geology services in the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 7209 of the education law is amended by adding a 2 new subdivision 10 to read as follows: 3 10. Nothing in this article shall prohibit a foreign not-for-profit 4 corporation, as defined in section one hundred two of the not-for-profit 5 corporation law, engaged in engineering for conservation efforts associ- 6 ated with (a) tidal wetland, as defined in subdivision one of section 7 25-0103 of the environmental conservation law, restoration, (b) freshwa- 8 ter wetland, as defined in subdivision one of section 24-0107 of the 9 environmental conservation law, restoration, (c) habitat restoration, 10 (d) groundwater recharge, or (e) natural infrastructure from obtaining a 11 certificate of authority to do business in the state of New York, 12 provided that the business proposed to be done by such not-for-profit 13 corporation within this state relates to the stated conservation 14 resources and shall be conducted by a professional engineer pursuant to 15 this article. 16 § 2. Subdivisions 1, 2, and 3 of section 7210 of the education law, 17 subdivision 1 as amended by chapter 475 of the laws of 2014 and subdivi- 18 sions 2 and 3 as amended by chapter 483 of the laws of 2001, are amended 19 to read as follows: 20 1. Domestic or foreign professional service corporations, design 21 professional service corporations, professional service limited liabil- 22 ity companies, foreign professional service limited liability companies, 23 registered limited liability partnerships, New York registered foreign EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02534-01-5 
 S. 5392 2 1 limited liability partnerships, foreign not-for-profit corporations, as 2 defined in section one hundred two of the not-for-profit corporation 3 law, engaged in engineering for conservation efforts associated with (a) 4 tidal wetland, as defined in subdivision one of section 25-0103 of the 5 environmental conservation law, restoration, (b) freshwater wetland, as 6 defined in subdivision one of section 24-0107 of the environmental 7 conservation law, restoration, (c) habitat restoration, (d) groundwater 8 recharge, or (e) natural infrastructure, partnerships and joint enter- 9 prises specified in subdivision four of section seventy-two hundred nine 10 of this article, provided each of the foregoing entities is authorized 11 to provide professional engineering, land surveying or professional 12 geology services and general business corporations authorized to provide 13 professional engineering or land surveying services pursuant to subdivi- 14 sion six of section seventy-two hundred nine of this article may offer 15 to provide or provide professional engineering, land surveying or 16 professional geology services only after obtaining a certificate of 17 authorization from the department. Except as otherwise authorized by 18 statute, rule or regulation, other business entities are not authorized 19 to offer or provide professional engineering, land surveying or profes- 20 sional geology services and may not obtain certificates of authorization 21 provided that nothing contained herein shall prohibit an individual who 22 is licensed to practice professional engineering, land surveying or 23 professional geology under this article from obtaining a certificate of 24 authorization upon application and payment of the appropriate fees 25 provided for under this section. 26 2. Upon application a certificate of authorization shall be issued by 27 the department to all individuals, corporations, not-for-profit corpo- 28 rations, limited liability companies, limited liability partnerships, 29 partnerships and joint enterprises specified in subdivision one of this 30 section and which are authorized to provide professional engineering or 31 land surveying services and pay the appropriate fee. 32 3. A "certificate of authorization" shall authorize such individual, 33 corporation, not-for-profit corporation, limited liability company, 34 limited liability partnership, partnership or joint enterprise to 35 provide professional engineering or land surveying services for three 36 years from the date of issuance subject to, as otherwise prescribed by 37 law, the supervision of the regents of the university of the state of 38 New York including the power to discipline and impose penalties in the 39 same manner and to the same extent as is provided with respect to indi- 40 viduals and their licenses and registration pursuant to this title. 41 § 3. This act shall take effect immediately.