Legislative Update - September 2018
ACEC Legislative Update

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New York State

Defense/Indemnification Reform. ACEC New York’s government affairs and lobbying team continue their push to reform inappropriate and uninsurable defense and indemnification language. Following the disappointing veto of industry priority defense and indemnification reform legislation, ACEC New York started working with stakeholders to identify a plan of action. Governor Cuomo, through the veto message, stated “I am directing the State's construction contracting agencies and authorities to review the indemnification clauses in contracts with design professional firms, to determine if they are representative of the industry standard, and reflective of scope of liability insurance coverage design professional firms are able to obtain.” Our Association has already begun planning meetings with the executive branch and relevant public clients to engage in these conversations. Please contact ACEC New York with examples of unreasonable or uninsurable defense and indemnification obligations to assist us in these meetings.

Other Legislation. Among the bills that passed both houses of the Legislature at the end of Session was a measure that would require State Agencies to conduct a cost-benefit study on any contract with an outside consultant over $750,000. This misguided legislation is duplicative of existing requirements, contains inherent conflicts and would impede the ability of State agencies to conduct the Peoples’ work in a timely and nimble basis. ACEC New York has been diligently working with public and private stakeholders to educate them of the problems posed by this bill and ensure that it is not signed into law.

Federal

2018 Federal PAC. ACEC New York has already raised $48,750 of our $85,000 goal - less than half of our goal remains! Thank you to our donors to date. Look for information on upcoming PAC fundraising events and visit the ACEC PAC webpage for more ways to give, including the Fall Sweepstakes. For more information on donations, or to make a donation to the PAC, contact Campbell Wallace at campbell@acecny.org.


New York City

Mayor’s Management Report is Released. On September 17, the de Blasio Administration released the Mayor’s Management Report (MMR) for Fiscal Year 2018, an analysis of City agencies’ performance from July 1, 2017 to June 30, 2018. The MMR presents more than 1,700 metrics from 45 City agencies that measure the City’s performance in providing services to New Yorkers. The press release issued with the report provides highlights.

Mayor’s Office will hold M/WBE Borough Forums in NYC. Mayor de Blasio announced that the City will connect M/WBEs to City agencies with active business opportunities through a new event series called M/WBE Borough Forums. The series also will provide an opportunity for M/WBEs to learn about doing business with the City. The M/WBE Borough Forums will kick off September 26th in Flushing, Queens.

ACEC New York meets Mayor’s Administration to discuss 2018 Disparity Study. On September 9, Association leaders met with Jonnel Doris, Director of the Mayor’s Office of M/WBEs and Gregg Bishop, Commissioner of NYC Department of Small Business Services to discuss questions and concerns regarding the 2018 NYC Disparity Study. The Association’s position on the City’s M/WBE program is that the City’s decisions must be fact-based and goals must be based on data that is accurate and transparent. As follow-up, ACEC New York requested that the City share certain data from the study. The study’s recommendations will not become law until the City Council completes the legislative process to formally amend Local Law 1.

New York City PAC Update. To date, 101 members from 29 firms have contributed $13,600 to the NYC PAC. Thank you to our contributors! We are 90% of the way to achieving our goal to raise $15k this calendar year. Please consider making a contribution today to put the NYC PAC across the goal line! Contributions can be made by mailing a check made out to “ACEC New York City PAC” to our office, or via credit card by contacting Bill Murray.


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