Legislative Update - January 2018

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New York State

Executive Order 162. New York State Governor Andrew Cuomo’s Executive Order 162 has taken effect and ACEC New York members should familiarize themselves with the Order and its requirements. Empire State Development has a webpage devoted to the Order, with links to various explanatory and guidance documents. As described in the Final Implementation Guidance, the requirement… “applies to prime contractors, and any subcontractors to such prime contractors, on state contracts executed on or after June 01, 2017.” Despite the June 1, 2017 contract date, the first instance of reporting coming due is after January 1, 2018 and ending March 31, 2018. In almost all circumstances, the first report is due April 7, 2018. In addition to the links shown above, an FAQ document has been issued covering a host of common questions. This brief summary of E.O 162 is non-exhaustive - please consult with your Firm’s counsel or advisors to ensure proper compliance.

2018 Session. The 2018 New York State legislative session commenced on January 3, 2017. The full calendar can be seen here. ACEC New York’s government affairs staff was in the Capitol that day monitoring the Senate and Assembly’s opening remarks, analyzing their plans for the year, and meeting with members of both houses.

Winter Conference Infrastructure Networking Event. ACEC New York’s annual Infrastructure Networking Event is being held at the DeWitt Ballroom, Renaissance Hotel, on January 29, 2018 from 6:30-8:30. Please be sure to forward our invitation to your state Senator and Assembly member and encourage them to attend. This event will feature recognition for our Legislators of the Year Assemblyman Michael Benedetto (D-82) and Senator Michael Ranzenhofer (R-61).

QBS Reform Update. Despite the veto of our priority QBS legislation, ACEC New York remains committed to promoting QBS procurement in New York State. We are currently working with design industry partners to draft an improved bill that amends the deficiencies identified in the Governor’s veto message. We stand ready to advocate for the swift passage of an improved bill.

Indemnification Reform. ACEC New York has been busy working with key Assembly staff and legislators to push for the advancement of our key indemnification reform bill (A.8293[Morelle]/S.6622[Ranzenhofer]). This common-sense measure will provide design professionals with protection from unfair and uninsurable defense and indemnity demands. ACEC New York stands ready to spring into action as soon as the Session commences to advocate for this key item of legislation.

DPC ESOP Expansion. ACEC New York has already scheduled meetings with key legislators to continue the advocacy process to advance the Association’s DPC ESOP expansion legislation (A.3460a [Lupardo] and S.3771a[Valesky]).


2018 Federal PAC. Our 2018 fundraising efforts have begun, and we are focused on our goal of meeting and exceeding our success from 2017. Look for information on upcoming PAC fundraising events, and consider purchasing a ticket for the 2018 ACEC Spring 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 Office invites ACEC New York to participate in Bill Signing Ceremony. On January 8, Mayor de Blasio held a Ceremony to sign Local Law 32 (Intro. 1629A). The new law lays out a roadmap for how the City will update its energy code for the next three code cycles (2019, 2021, 2025). Included in the law are specific objectives for increasing energy efficiency with each code update as well as details about stakeholder working committees that must be convened by DOB to support these efforts. Our Energy Codes Committee Chair, Scott Frank, spoke at the Ceremony about the role of engineers in designing building systems and thanked the City for inviting us into the process. The association submitted statements and testimony on this bill and was involved in shaping this law.

Ken Fisher, ACEC New York Metro Municipal Affairs Counsel, to Receive Prestigious Honor. Ken Fisher of Cozen O’Connor has been named a 2018 “50 Over Fifty” honoree by City & State magazine. Each year, this honor is given to distinguished leaders in City government, business and media. A reception will be held on January 29 to celebrate Ken and the other honorees. Congratulations Ken!

NYC Council selects new Speaker, new Committee Chairs. This Month, the City Council elected Corey Johnson as Speaker. The Council also appointed new chairpersons to two key Committees; Robert Cornegy will chair the Housing and Buildings Committee, and Justin Brannon will chair the Contracts Committee. The Council re-appointed Costa Constantinides to chair the Environmental Protection Committee, and re-appointed Ydanis Rodriguez to chair of the Transportation Committee. The association looks forward to working with these key public officials and will continue efforts to build constructive relationships with each of them.

Metro Region leaders meet new Acting Director of MOCS. On January 16, Metro Region leaders met with Dan Symon, the new Acting Director of the Mayor’s Office of Contract Services (MOCS). The group gave Mr. Symon and his staff copies of our updated Procurement Policy Paper, and discussed the association’s priorities including the need to reform the City’s Change Order registration process. MOCs suggested a follow-up meeting be held to discuss Change Orders in greater detail with our members. We look forward to working with MOCs on this and others issues in the year ahead.

2018 NYC Political Action Committee Kick-Off. This month, the ACEC NYC Political Action Committee (PAC) request letter was mailed to our members. We encourage all members to contribute to the 2018 NYC PAC. The City government’s decisions directly impact the engineering industry; it is important for us to take an active role in local politics. The NYC PAC is a strong tool enabling us to increase and maintain our industry’s presence in NYC’s political field.
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