NYSSPE 2026 End of Legislation Session Report

By: Mark C. Kriss, Esq., Legislative Counsel

As the first week of June drew to a close the 2026 Legislative Session recessed as scheduled.
The fact that 2026 is an election year for members of both houses of the Legislature, as well as the Governor, created a strong incentive to timely conclude the regular session. I am pleased to report that no legislation adverse to the professional engineering community has been approved by the Legislature. At the same time a number of bills NYSSPE has strongly supported as detailed below fell short of passage. To some extent a lack of progress on NYSSPE priorities was attributable to the Legislature's prolonged focus on the 2026- 2027 Executive Budget. The State Constitution calls for a new Budget to be in place by the 1st of April. However, this year the Budget was not adopted until May 28th, almost two months late. (In fact the Budget delay was the longest since 2010-2011.) Due to an extensive focus on the Budget in April and May, little time was available for other matters including bills prioritize by the Society.

Following are the key issues which drew the focus of NYSSPE in 2026.

1. Indemnification - Strongly Support
S4591 / A7379 - (Senator Cooney / Assemblyman Vanel)
See also S 5364 / A 6269 (Senator Comrie / Assemblyperson Rajkumar)

This legislation, which was previously vetoed by former Governor Andrew Cuomo, addresses the issue of design professional contractual indemnification respecting public sector projects (state and local) and is strongly supported by NYSSPE. The legislation addresses public sector contracts wherein municipalities, state agencies and other governmental entities have inordinate leverage over the terms of indemnification. Presently, governmental entities can and do unfairly shift the burden to professional engineers and consulting firms for the cost of future contingent events such as personal injury, property damage and attendant attorneys' fees.

2. QBS - Support
S 4577 / A5520 - (Senator Comrie / Assemblymember Hyndman)

This legislation requires the use of Qualifications Based Selection by public authorities and public benefit corporations, in addition to state agencies. Expanded utilization of QBS has been a long sought-after goal of NYSSPE. In fact, due in substantial part to the Society's efforts, similar legislation has previously passed the Assembly. QBS assures that price is not the sole criteria in the selection of professional engineering services by affording due consideration to the respective qualifications of consulting firms participating in the procurement process. The cost for design services is a small fraction of overall project costs. Getting the design right can significantly influence the overall cost of construction as well as ongoing life cycle costs. Simply put it is penny wise and pound foolish to employ a low bid methodology in the procurement of design services.

This measure did not reach the floor in either house.

3. Statute of Repose - Support
S2146-A / A4907-A - ( Senator Cooney / Assemblyman Pretlow)

This legislation creates a 10-year Statute of Repose requiring that actions for personal injury, wrongful death or property damage against a design professional be commenced not more than 10 years after a project is completed. All states in the US have true Statutes of Repose with the exception of only NY and VT. The Plaintiffs' trial bar has frustrated our efforts to advance the bill across the finish line.

4. The Offering of Geology by Grandfathered Engineering Firms
S620-C / A 2571-C (Senator Stavisky / Assemblyman McDonald)

The profession of geology was first licensed in New York in 2014. Prior to passage of the 2014 statute grandfathered engineering firms were permitted to provide geological services. This bill will enable grandfathered engineering firms to offer "professional geology services", per se, provided at least one officer or director is a licensed professional geologist and the company submits a timely filing with the Education Department and Department of State expressly including the practice of geology in its certificate of incorporation.

The bill passed the Senate but not reach the floor of the Assembly.

5. Emergency Responder - Support
S 8840 / A 4680 (Senator Scarcella-Spanton / Assemblyman Eachus) Combines Emergency Responder / Good Samaritan

As previously reported, NYSSPE has joined a broad-based coalition including other design professional organizations and the construction community, in support of this measure which combines enhanced Good Samaritan protection with a proposal offering liability protection for emergency responders hired in the wake of a natural or man-made disaster. (The coalition includes: Associated General Contractors of New York, ACEC New York, AIA New York and a number of other organizations representing the construction and design communities.)

6. Bachelor's Degree in Geology Educational Requirement for Licensure
S6482 / A5622 (Senator Webb / Assemblyman Eachus)

This legislation removes the 12-year work experience ladder currently permitted to be used as a substitute for a bachelor degree in geology (or equivalent) for those seeking licensure as a professional geologist. The bill parallels legislation secured by NYSSPE pertaining to licensure as a professional engineer effective in 2024. While removing the 12-year experience ladder prospectively those currently pursuing the experience route can file an application with the State Education Department within two years of the bill's effective date, thereby preserving an exemption from the bachelor's degree requirement.

This bill passed both the Senate and the Assembly and is expected to be signed by Governor Hochul.

7. Issuance of Building Permits by Professional Engineers and Registered Architects
S7217-A / A7675-A (Senator Martinez / Assemblyman Stern)

This legislation would permit building permits to be issued by PEs and RAs without the employment of building code officials. The bill applies to Nassau, Suffolk and Westchester County, as well as the City of Yonkers. NYSSPE has urged that local governments adequately staff building departments with qualified building code officials, or retain properly credentialed professionals as needed, to address undue delays in the permitting process in lieu of the approached reflected in this legislation.

To read more about the bills above and other ones we are following: CLICK HERE