BILL NUMBER: S3541

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the education law, in relation to the requirements for a
license as a professional engineer; and to repeal certain provisions of
such law relating thereto

 
PURPOSE:

This legislation updates the engineering licensing requirements by
removing the provision allowing for a substitution of 12 years working
experience for a bachelor's degree or higher based on a program in engi-
neering. Persons with substantially equivalent educational credentials,
in accordance with the commissioner's regulations, will also qualify to
sit for the PE examination, provided all other requirements for licen-
sure are satisfied. The legislation also changes reference to "intern
engineers" to "engineers in training" and permits students in engineer-
ing and engineering technology programs approved by the commissioner of
education to sit for the fundamentals of engineering examination in
accordance with the commissioner's regulations. Currently a student must
              

wait until he or she is within 20 hours of graduation. This bill elimi-
nates the current timeframe and vests the commissioner with discretion
to fix the timeframe. Additionally, the Department of Education is
empowered to waive the educational requirement for applicants who have
15 years of lawful practice and possess established and recognized
standing in the profession. The legislation also contains some technical
amendments respecting examination fees. Finally, a person seeking licen-
sure pursuant to the current 12 year experience ladder is authorized to
file an application within 2 years of the effective date of the legis-
lation in order to preserve the ability to qualify for engineering
licensure based on experience.

 
JUSTIFICATION:

Today, very few individuals secure a professional engineering license
without a formal education including a bachelor's degree in engineering.
However, a bachelor's degree is not required under current law. The bill
is consistent with the standard used throughout the nation and reflects
the complexity of the demands placed on the engineering community. The
practice of engineering has developed over the years into a highly tech-
nical profession requiring extensive knowledge of math, science, and
engineering. Due to the highly technical and complex nature of engineer-
ing, it is now necessary to have an education requirement as part of the
requirements for licensure as a professional engineer. This revised
education requirement for engineers will help ensure the health safety
and welfare of the public, as engineers are responsible for the infras-
tructure around us. An engineer can no longer obtain the necessary foun-
dation in math, science, and engineering from a high school education
and twelve years of experience.

Today's design for buildings, roads, bridges, water and wastewater
facilities, etc. require a foundation in math, science, and engineering
that can only be provided through a bachelors degree or higher in engi-
neering or engineering technology. Individuals can secure a bachelor's
degree in engineering in New York via a variety of programs. A number of
community colleges and 4 year SUNY institutions offer bridge programs
that are affordable and provide the opportunity to transfer into the
numerous NYS 4 four year licensure qualifying engineering or engineering
technology programs.  In order not to disenfranchise those individuals
in the pipeline, a limited exception is provided for individuals who
have embarked on a career path in reliance upon the 12 year ladder.
Individuals seeking a license based upon the 12 year ladder provision
will be afforded 2 years following the date of enactment to file an
application with the Education Department thereby preserving their right
to utilize this alternative approach to a license at any time in the
future.  Additionally, the State Education Department is authorized to
permit licensure for engineers who have established and recognized
standing in the engineering profession but do not technically satisfy
New York's educational requirement, provided they have not less than 15
years of lawful practice, typically in a sister state.

In another update to existing law, the current timeframe for a student
to qualify to sit for the Fundamentals of Engineering Examination is
eliminated and authority is vested in the commissioner to fix the time
in order to assist students as they approach completion of their under-
graduate degree programs. National norms now allow students to sit for
the examination much sooner in their college careers.  Additionally the
change in the title "intern engineer" to "engineer in training" more
aptly describes those on the path to licensure as a professional engi-
neer. A technical amendment in the bill deletes reference to examination
fees paid to third parties for testing services.

The practice of professional engineering is increasingly complex, and
the vast majority of engineers have, at minimum, a 4 year degree in
engineering. The legislation will update the licensing requirements to
reflect modern practice requirements and promote uniformity for the
profession.

 
LEGISLATIVE HISTORY:

A9694 of 2014, Passed the Assembly A6755 of 2015

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to applications for licensure as
a professional engineer received on or after such effective date;
provided however that the commissioner may immediately undertake all
actions necessary to implement this act upon said effective date includ-
ing but not limited to the adoption of implementing regulations.