S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7610
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the general municipal law, the  public  authorities  law
   and  the state finance law, in relation to liability of design profes-
   sionals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 103-h to read as follows:
   § 103-H. DESIGN  PROFESSIONAL  LIABILITY.  1.  FOR  PURPOSES  OF  THIS
 SECTION, THE TERM "DESIGN PROFESSIONAL" SHALL MEAN:
   A. AN INDIVIDUAL LICENSED PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE,
 ONE  HUNDRED  FORTY-SEVEN,  AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION
 LAW; OR
   B. ANY CORPORATION, LIMITED LIABILITY COMPANY,  PARTNERSHIP  OR  OTHER
 BUSINESS  ENTITY  LEGALLY  AUTHORIZED TO PRACTICE ANY OF THE PROFESSIONS
 REGULATED BY ARTICLES ONE HUNDRED FORTY-FIVE, ONE  HUNDRED  FORTY-SEVEN,
 AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
   2. ANY PROVISION, CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLAT-
 ERAL TO, OR AFFECTING A CONTRACT EXECUTED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND  TWENTY-FOUR  BETWEEN  A  MUNICIPAL  CORPORATION, AS DEFINED IN
 SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, AND A DESIGN  PROFES-
 SIONAL   FOR   PROFESSIONAL  DESIGN  SERVICES  RELATED  TO  THE  DESIGN,
 CONSTRUCTION, REPAIR, OR MAINTENANCE OF ANY PUBLIC BUILDING,  STRUCTURE,
 HIGHWAY, BRIDGE, VIADUCT, WATER OR SEWER SYSTEM, OR OTHER PUBLIC FACILI-
 TY  THAT  REQUIRES  A  DESIGN  PROFESSIONAL  TO DEFEND OR INDEMNIFY SUCH
 MUNICIPAL  CORPORATION,  ITS  AGENTS,  CONTRACTORS,  SUBCONTRACTORS   OR
 SUPPLIERS  SHALL  BE  DEEMED  VOID  AND AGAINST PUBLIC POLICY AND WHOLLY
 UNENFORCEABLE, EXCEPT AS TO CLAIMS THAT ARE CAUSED BY OR THE  RESULT  OF
 THE  NEGLIGENCE,  RECKLESSNESS,  OR  WILLFUL  MISCONDUCT  OF  THE DESIGN
 PROFESSIONAL. ANY CONTRACTUAL OBLIGATION PERMITTED  UNDER  THIS  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10182-01-3
              

 A. 7610                             2
 
 SHALL  BE  LIMITED  AND  ENFORCEABLE ONLY TO THE DEGREE OR PERCENTAGE OR
 FAULT ATTRIBUTABLE TO SUCH DESIGN PROFESSIONAL.
   §  2.  The  public  authorities law is amended by adding a new section
 2879-d to read as follows:
   § 2879-D. DESIGN PROFESSIONAL LIABILITY. 1. AS USED IN THIS SECTION:
   A. THE TERM "DESIGN PROFESSIONAL" SHALL MEAN:
   (1) AN INDIVIDUAL LICENSED PURSUANT TO  ARTICLES  ONE  HUNDRED  FORTY-
 FIVE, ONE HUNDRED FORTY-SEVEN, AND ONE HUNDRED FORTY-EIGHT OF THE EDUCA-
 TION LAW, OR
   (2)  ANY  CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER
 BUSINESS ENTITY LEGALLY AUTHORIZED TO PRACTICE ANY  OF  THE  PROFESSIONS
 REGULATED  BY  ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED FORTY-SEVEN,
 AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
   B. THE TERM "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR  PUBLIC
 BENEFIT  CORPORATION  CREATED  BY  OR EXISTING UNDER THIS CHAPTER OR ANY
 OTHER LAW OF THE STATE OF NEW YORK, WITH ONE  OR  MORE  OF  ITS  MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL  OFFICE  OF  THE  STATE, OTHER THAN AN INTERSTATE OR INTERNATIONAL
 AUTHORITY OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF  SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   C.  THE  TERM  "LOCAL AUTHORITY" SHALL MEAN: (1) A PUBLIC AUTHORITY OR
 PUBLIC BENEFIT CORPORATION CREATED BY OR EXISTING UNDER THIS CHAPTER  OR
 ANY OTHER LAW OF THE STATE OF NEW YORK WHOSE MEMBERS DO NOT HOLD A CIVIL
 OFFICE  OF THE STATE, ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED
 BY THE GOVERNOR  SPECIFICALLY  UPON  THE  RECOMMENDATION  OF  THE  LOCAL
 GOVERNMENT  OR  GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED
 WITH, SPONSORED BY, OR CREATED  BY  A  COUNTY,  CITY,  TOWN  OR  VILLAGE
 GOVERNMENT;  (3)  A  LOCAL INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OR
 OTHER LOCAL PUBLIC BENEFIT CORPORATION; (4) AN AFFILIATE OF  SUCH  LOCAL
 AUTHORITY;  OR  (5)  A LAND BANK CORPORATION CREATED PURSUANT TO ARTICLE
 SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
   2. ANY PROVISION, CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLAT-
 ERAL TO, OR AFFECTING A CONTRACT EXECUTED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-FOUR BETWEEN A STATE AUTHORITY OR LOCAL AUTHORITY AND  A
 DESIGN  PROFESSIONAL  FOR  PROFESSIONAL  DESIGN  SERVICES RELATED TO THE
 DESIGN, CONSTRUCTION, REPAIR, OR MAINTENANCE  OF  ANY  PUBLIC  BUILDING,
 STRUCTURE,  HIGHWAY,  BRIDGE,  VIADUCT,  WATER OR SEWER SYSTEM, OR OTHER
 PUBLIC FACILITY THAT REQUIRES A DESIGN PROFESSIONAL TO DEFEND OR  INDEM-
 NIFY  SUCH  STATE AUTHORITY OR LOCAL AUTHORITY, ITS AGENTS, CONTRACTORS,
 SUBCONTRACTORS OR SUPPLIERS SHALL BE  DEEMED  VOID  AND  AGAINST  PUBLIC
 POLICY  AND WHOLLY UNENFORCEABLE, EXCEPT AS TO CLAIMS THAT ARE CAUSED BY
 OR THE RESULT OF THE NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT  OF
 THE DESIGN PROFESSIONAL. ANY CONTRACTUAL OBLIGATION PERMITTED UNDER THIS
 SECTION  SHALL BE LIMITED AND ENFORCEABLE ONLY TO THE DEGREE OR PERCENT-
 AGE OR FAULT ATTRIBUTABLE TO SUCH DESIGN PROFESSIONAL.
   § 3. Section 136-a of the state finance law is amended by adding a new
 subdivision 6 to read as follows:
   6. A. AS USED IN THIS SUBDIVISION:
   (1) THE TERM "DESIGN  PROFESSIONAL"  SHALL  MEAN:  (I)  AN  INDIVIDUAL
 LICENSED  PURSUANT  TO  ARTICLES  ONE  HUNDRED  FORTY-FIVE,  ONE HUNDRED
 FORTY-SEVEN, AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW;  OR  (II)
 ANY  CORPORATION,  LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER BUSI-
 NESS ENTITY LEGALLY AUTHORIZED TO PRACTICE ANY OF THE PROFESSIONS  REGU-
 LATED  BY  ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED FORTY-SEVEN, AND
 ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
 A. 7610                             3

   (2) THE TERM "STATE AGENCY" SHALL MEAN (I) ANY STATE DEPARTMENT,  (II)
 ANY DIVISION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, (III)
 THE  STATE  UNIVERSITY  OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK,
 INCLUDING ALL THEIR CONSTITUENT UNITS, OR (IV) A BOARD,  A  MAJORITY  OF
 WHOSE  MEMBERS  ARE  APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF
 BEING STATE OFFICERS OR EMPLOYEES AS DEFINED IN SUBPARAGRAPH  (I),  (II)
 OR (III) OF PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
 THE PUBLIC OFFICERS LAW.
   B. ANY PROVISION, CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLAT-
 ERAL TO, OR AFFECTING A CONTRACT EXECUTED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND  TWENTY-FOUR  BETWEEN  A STATE AGENCY AND A DESIGN PROFESSIONAL
 FOR PROFESSIONAL DESIGN SERVICES RELATED TO  THE  DESIGN,  CONSTRUCTION,
 REPAIR,  OR  MAINTENANCE  OF  ANY  PUBLIC  BUILDING, STRUCTURE, HIGHWAY,
 BRIDGE, VIADUCT, WATER OR SEWER SYSTEM, OR OTHER  PUBLIC  FACILITY  THAT
 REQUIRES A DESIGN PROFESSIONAL TO DEFEND OR INDEMNIFY SUCH STATE AGENCY,
 ITS  AGENTS,  CONTRACTORS,  SUBCONTRACTORS  OR SUPPLIERS SHALL BE DEEMED
 VOID AND AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE,  EXCEPT  AS  TO
 CLAIMS THAT ARE CAUSED BY OR THE RESULT OF THE NEGLIGENCE, RECKLESSNESS,
 OR  WILLFUL MISCONDUCT OF THE DESIGN PROFESSIONAL. ANY CONTRACTUAL OBLI-
 GATION PERMITTED UNDER THIS SECTION SHALL  BE  LIMITED  AND  ENFORCEABLE
 ONLY  TO  THE  DEGREE OR PERCENTAGE OR FAULT ATTRIBUTABLE TO SUCH DESIGN
 PROFESSIONAL.
   § 4. This act shall take effect immediately.