S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6716
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 30, 2015
                                      ___________
       Introduced  by M. of A. GLICK -- read once and referred to the Committee
         on Higher Education
       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-
   24  PRETING GATHERED MEASUREMENTS AND INFORMATION RELATED TO ANY ONE OR MORE
   25  OF THE FOLLOWING:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03264-01-5
       A. 6716                             2
    1    A. DETERMINING, BY MEASUREMENT, THE ACTUAL OR  PROPOSED  CONFIGURATION
    2  OR CONTOUR OF THE EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THER-
    3  EON  BASED, WHERE REQUIRED BY EXISTING STATUTE AND/OR REGULATION, ON THE
    4  DESIGN OF A DESIGN PROFESSIONAL OR LOCAL LAW OR ZONING ORDINANCE.
    5    B.  DETERMINING, BY PERFORMING GEODETIC SURVEYS, THE SIZE AND SHAPE OF
    6  THE EARTH OR THE POSITION OF ANY POINT RELATED TO THE EARTH. A  GEODETIC
    7  SURVEY  BEING  DEFINED  AS  THE  SCIENCE OF MEASURING THE EARTH OR LARGE
    8  PORTIONS OF ITS SURFACE; THE DETERMINATION OF  THE  EARTH'S  FIGURE  AND
    9  SIZE.
   10    C.  LOCATING,  RELOCATING,  ESTABLISHING, REESTABLISHING, OR RETRACING
   11  PROPERTY LINES OR BOUNDARIES OF ANY TRACT OR TRACTS OF LAND, ROAD, RIGHT
   12  OF WAY, OR EASEMENT.
   13    D. MAKING ANY SURVEY FOR A SINGLE LOT OR PLOT  OR  FOR  THE  DIVISION,
   14  SUBDIVISION OR CONSOLIDATION OF ANY TRACT OR TRACTS OF LAND.
   15    E.  LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS OR ELEVATIONS FOR THE
   16  CONSTRUCTION OF FIXED WORKS.
   17    F. DETERMINING, BY THE USE OF PRINCIPLES OF  SURVEYING,  THE  POSITION
   18  FOR  ANY  SURVEY MONUMENT (BOUNDARY OR NON-BOUNDARY) OR REFERENCE POINT;
   19  ESTABLISHING OR REPLACING ANY SUCH MONUMENT OR REFERENCE POINT.
   20    G. CREATING, PREPARING OR MODIFYING ELECTRONIC, COMPUTERIZED OR  OTHER
   21  DATA,  RELATIVE  TO  THE  PERFORMANCE  OF  THE  ACTIVITIES  IN THE ABOVE
   22  DESCRIBED PARAGRAPHS A THROUGH F OF THIS SUBDIVISION.
   23    3. NOTHING IN THIS SECTION SHALL REMOVE ANY PREVIOUSLY  GRANTED  LEGAL
   24  OR  REGULATORY  RIGHTS  OR  BE  CONSTRUED AS PROHIBITING A LICENSED LAND
   25  SURVEYOR FROM PROVIDING SERVICES  FOR  LAND  PLANNING,  LAND  USE,  LAND
   26  DEVELOPMENT  AND/OR ENVIRONMENTAL STUDIES RELATED THERETO, WHICH ARE NOT
   27  PRESENTLY RESTRICTED TO THE EXCLUSIVE PRACTICE OF ANOTHER DESIGN PROFES-
   28  SIONAL, AND THE RECORDING  OR  FILING  OF  DOCUMENTS  WITH  GOVERNMENTAL
   29  BODIES  OR  AGENCIES.    IN  ADDITION,  NOTHING IN THIS SECTION SHALL BE
   30  CONSTRUED AS PROHIBITING ANYONE WHO, UNDER CURRENT LAW, MAY PROVIDE LAND
   31  PLANNING, LAND USE, LAND DEVELOPMENT OR ENVIRONMENTAL STUDIES.
   32    S 2. Subdivision 2 of section 7206-a of the education law, as  amended
   33  by chapter 32 of the laws of 1981, is amended to read as follows:
   34    2.  In  lieu  of  the  degree and experience requirements specified in
   35  [subparagraphs (2)] PARAGRAPHS TWO and [(3)] THREE of subdivision one of
   36  this section, AN ASSOCIATES DEGREE AND eight years of practical  experi-
   37  ence  in  work  satisfactory to the board may be accepted, provided that
   38  each full year of college study in engineering or land surveying  satis-
   39  factory to the department may at the discretion of the board be accepted
   40  in lieu of one year of the required eight years of experience.
   41    S  3.  Section  7208  of  the education law is amended by adding a new
   42  subdivision q to read as follows:
   43    Q. THE MAKING OF MEASUREMENTS UTILIZING THE SCIENCE OF PHOTOGRAMMETRY,
   44  DEFINED AS THE SCIENCE OR ART OF OBTAINING RELIABLE MEASUREMENTS THROUGH
   45  THE  USE  OF  AERIAL  PHOTOGRAPHY  AND/OR  OTHER   ACTIVE   OR   PASSIVE
   46  SENSOR-BASED  REMOTE  SENSING  TECHNOLOGIES,  EXCEPT  THAT  ANY GEODETIC
   47  SURVEY TO ESTABLISH CONTROL POINTS NECESSARY TO DERIVE ACCURATE MEASURE-
   48  MENTS FROM THE IMAGERY MUST BE MADE BY A  LICENSED  LAND  SURVEYOR.  ANY
   49  DETERMINATION  OF  TOPOGRAPHY  OR  CONTOURS,  OR  DEPICTION  OF PHYSICAL
   50  IMPROVEMENTS, UTILIZING PHOTOGRAMMETRIC METHODS OR OTHER REMOTE  SENSING
   51  TECHNOLOGY  BY  PERSONS NOT LICENSED AS A LAND SURVEYOR PURSUANT TO THIS
   52  ARTICLE, SHALL NOT ESTABLISH  ANY  BOUNDARY  MONUMENTATION  OR  BOUNDARY
   53  METES  AND  BOUNDS, NOR PROVIDE ANY MEASUREMENT SHOWING THE RELATIONSHIP
   54  OF ANY EXISTING PHYSICAL IMPROVEMENTS TO ANY PROPERTY LINE OR BOUNDARY.
   55    S 4. This act shall take effect immediately; provided,  however,  that
   56  section two of this act shall apply only to those individuals seeking to
       A. 6716                             3
    1  file an application with the department of education pursuant to section
    2  7206-a  of  the education law who begin their experience on or after the
    3  effective date of this act.