S T A T E O F N E W Y O R K ________________________________________________________________________ 7486--A 2013-2014 Regular Sessions I N A S S E M B L Y May 22, 2013 ___________ Introduced by M. of A. GLICK -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the practice of land surveying THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 7203 of the education law, as added by chapter 987 2 of the laws of 1971, is amended to read as follows: 3 S 7203. Definition of practice of land surveying. 1. The practice of 4 the profession of land surveying is defined as practicing that branch of 5 the engineering profession and applied mathematics which includes [the 6 measuring and plotting of the dimensions and areas of any portion of the 7 earth, including all naturally placed and man- or machine-made struc- 8 tures and objects thereon, the lengths and directions of boundary lines, 9 the contour of the surface and] the application of rules and regulations 10 in accordance with local requirements incidental to subdivisions for the 11 correct determination, description, conveying and recording thereof or 12 for the establishment or reestablishment thereof, PROVIDING OR OFFERING 13 TO PROVIDE PROFESSIONAL SERVICES UTILIZING SUCH SCIENCES AS MATHEMATICS 14 AND GEODESY, INVOLVING BOTH A. THE MAKING OF GEOMETRIC MEASUREMENTS AND 15 GATHERING RELATED INFORMATION PERTAINING TO THE PHYSICAL OR LEGAL 16 FEATURES ON THE EARTH, EXISTING IMPROVEMENTS ON THE EARTH, THE SPACE 17 ABOVE, ON OR BELOW THE EARTH AND B. PROVIDING, UTILIZING OR DEVELOPING 18 THE SAME INTO SURVEY PRODUCTS SUCH AS GRAPHICS, DATA, MAPS, PLANS, 19 REPORTS, AND SPECIFICATIONS, INCLUDING THOSE IN FURTHERANCE OF THE SAFE- 20 GUARDING OF LIFE, HEALTH, SAFETY, WELFARE AND PROPERTY OF THE PUBLIC. 21 2. PROFESSIONAL SERVICES INCLUDING ACTS OF CONSULTATION, INVESTIGATION 22 AND EVALUATION OF LAND TO BE SURVEYED, PROVIDING TESTIMONY, SUBDIVISION 23 PLANNING AND MAPPING, ASSEMBLING, ESTIMATING, SUPERVISION, AND INTER- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08871-03-3 A. 7486--A 2 1 PRETING GATHERED MEASUREMENTS AND INFORMATION RELATED TO ANY ONE OR MORE 2 OF THE FOLLOWING: 3 A. DETERMINING, BY MEASUREMENT, THE ACTUAL OR PROPOSED CONFIGURATION 4 OR CONTOUR OF THE EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THER- 5 EON BASED, WHERE REQUIRED BY EXISTING STATUTE AND/OR REGULATION, ON THE 6 DESIGN OF A DESIGN PROFESSIONAL OR LOCAL LAW OR ZONING ORDINANCE. 7 B. DETERMINING, BY PERFORMING GEODETIC SURVEYS, THE SIZE AND SHAPE OF 8 THE EARTH OR THE POSITION OF ANY POINT RELATED TO THE EARTH. A GEODETIC 9 SURVEY BEING DEFINED AS THE SCIENCE OF MEASURING THE EARTH OR LARGE 10 PORTIONS OF ITS SURFACE; THE DETERMINATION OF THE EARTH'S FIGURE AND 11 SIZE. 12 C. LOCATING, RELOCATING, ESTABLISHING, REESTABLISHING, OR RETRACING 13 PROPERTY LINES OR BOUNDARIES OF ANY TRACT OR TRACTS OF LAND, ROAD, RIGHT 14 OF WAY, OR EASEMENT. 15 D. MAKING ANY SURVEY FOR A SINGLE LOT OR PLOT OR FOR THE DIVISION, 16 SUBDIVISION OR CONSOLIDATION OF ANY TRACT OR TRACTS OF LAND. 17 E. LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS OR ELEVATIONS FOR THE 18 CONSTRUCTION OF FIXED WORKS. 19 F. DETERMINING, BY THE USE OF PRINCIPLES OF SURVEYING, THE POSITION 20 FOR ANY SURVEY MONUMENT (BOUNDARY OR NON-BOUNDARY) OR REFERENCE POINT; 21 ESTABLISHING OR REPLACING ANY SUCH MONUMENT OR REFERENCE POINT. 22 G. CREATING, PREPARING OR MODIFYING ELECTRONIC, COMPUTERIZED OR OTHER 23 DATA, RELATIVE TO THE PERFORMANCE OF THE ACTIVITIES IN THE ABOVE 24 DESCRIBED PARAGRAPHS A THROUGH F OF THIS SUBDIVISION. 25 3. NOTHING IN THIS SECTION SHALL REMOVE ANY PREVIOUSLY GRANTED LEGAL 26 OR REGULATORY RIGHTS OR BE CONSTRUED AS PROHIBITING A LICENSED LAND 27 SURVEYOR FROM PROVIDING SERVICES FOR LAND PLANNING, LAND USE, LAND 28 DEVELOPMENT AND/OR ENVIRONMENTAL STUDIES RELATED THERETO, WHICH ARE NOT 29 PRESENTLY RESTRICTED TO THE EXCLUSIVE PRACTICE OF ANOTHER DESIGN PROFES- 30 SIONAL, AND THE RECORDING OR FILING OF DOCUMENTS WITH GOVERNMENTAL 31 BODIES OR AGENCIES. IN ADDITION, NOTHING IN THIS SECTION SHALL BE 32 CONSTRUED AS PROHIBITING ANYONE WHO, UNDER CURRENT LAW, MAY PROVIDE LAND 33 PLANNING, LAND USE, LAND DEVELOPMENT OR ENVIRONMENTAL STUDIES. 34 S 2. Subdivision 2 of section 7206-a of the education law, as amended 35 by chapter 32 of the laws of 1981, is amended to read as follows: 36 2. In lieu of the degree and experience requirements specified in 37 [subparagraphs (2)] PARAGRAPHS TWO and [(3)] THREE of subdivision one of 38 this section, AN ASSOCIATES DEGREE AND eight years of practical experi- 39 ence in work satisfactory to the board may be accepted, provided that 40 each full year of college study in engineering or land surveying satis- 41 factory to the department may at the discretion of the board be accepted 42 in lieu of one year of the required eight years of experience. 43 S 3. Section 7208 of the education law is amended by adding a new 44 subdivision q to read as follows: 45 Q. THE MAKING OF MEASUREMENTS UTILIZING THE SCIENCE OF PHOTOGRAMMETRY, 46 DEFINED AS THE SCIENCE OR ART OF OBTAINING RELIABLE MEASUREMENTS THROUGH 47 THE USE OF AERIAL PHOTOGRAPHY AND/OR OTHER ACTIVE OR PASSIVE 48 SENSOR-BASED REMOTE SENSING TECHNOLOGIES, EXCEPT THAT ANY GEODETIC 49 SURVEY TO ESTABLISH CONTROL POINTS NECESSARY TO DERIVE ACCURATE MEASURE- 50 MENTS FROM THE IMAGERY MUST BE MADE BY A LICENSED LAND SURVEYOR. ANY 51 DETERMINATION OF TOPOGRAPHY OR CONTOURS, OR DEPICTION OF PHYSICAL 52 IMPROVEMENTS, UTILIZING PHOTOGRAMMETRIC METHODS OR OTHER REMOTE SENSING 53 TECHNOLOGY BY PERSONS NOT LICENSED AS A LAND SURVEYOR PURSUANT TO THIS 54 ARTICLE, SHALL NOT ESTABLISH ANY BOUNDARY MONUMENTATION OR BOUNDARY 55 METES AND BOUNDS, NOR PROVIDE ANY MEASUREMENT SHOWING THE RELATIONSHIP 56 OF ANY EXISTING PHYSICAL IMPROVEMENTS TO ANY PROPERTY LINE OR BOUNDARY. A. 7486--A 3 1 S 4. This act shall take effect immediately; provided, however, that 2 section two of this act shall apply only to those individuals seeking to 3 file an application with the department of education pursuant to section 4 7206-a of the education law who begin their experience on or after the 5 effective date of this act.