Legislative Update—Governor Cuomo Has Signed the Bill to License Professional Geologists in New York State

The NYSCPG is pleased to announce that on Friday, November 21, 2104 Governor Andrew Cuomo signed into law the bill to establish the profession of geology in New York State.

This achievement has been approximately 20 years in the making and is the result of the hard work of many volunteers across the state, both through NYSCPG and behind the scenes in many facets. We also cannot overlook the financial support of many people and organizations that helped fund this monumental achievement.

The signing of the bill into law was recorded as Chapter #475 with Approval Memo #10. A copy of the Governor’s reasoning for approving of this law is attached to this update and everyone is encouraged to read it. The memorandum includes a paragraph relating to the perception that the creation of the profession of geology may impact some of our sister professions, but as the governor’s memo clearly states, this law will not affect those professions. The Governor’s office along with the State Education Department (SED) concluded that our bill’s passage would not limit or alter the respective scopes of practice of other professions in NYS.

The signing of the law included Chapter Amendments to correct a few minor technical errors. The amendments were shared with our Legislative Sponsors for their approval prior to implementation. The amendments will be passed through both the Senate and Assembly during the 2015 Legislative session. The corrections are as follows, with strikeouts removing text and underlined words representing additions of text:

1. Paragraph g of subdivision 1 of section 7206-b of the Education Law is amended, to read as follows:
   (g) Fees: pay a fee of two hundred twenty dollars to the department for an initial license, and a fee of two hundred ten dollars for each triennial registration period.
2. Subdivision 4 of section 7206-b of the Education Law is amended, to read as follows:
   4. An applicant who applies for licensure within one year after the effective date of this section shall be qualified for a license as a professional geologist without a written examination if the applicant has satisfied the requirements of education and experience described in paragraphs (b) and (c) of subdivision one or subdivision two of this section no later than one year after the effective date of this section.
3. Section 28 of Chapter xx of the Laws of 2014, the effective date, shall be amended, to read as follows:
   § 28. This act shall take effect two years after the date on which it shall have become a law; provided however that the authority of the commissioner to promulgate regulations and the board of regents to appoint board members, and take any other action necessary for the implementation of this act shall take immediately.

The signing of the law has brought the subject to the forefront and many people have asked questions regarding the implementation of the law and how this will affect professionals wishing to obtain a license. The law has an effective date of two years, meaning that licensure will begin on November 21, 2016. The two-year window is to provide SED the proper time to produce the regulations to add geology to the list of professions in the state of New York. This period will be followed by a one year grandfathering period in which a license can be obtained by a qualified person without the requirement of passing a written exam. Passage of an exam will be required after November 21, 2017. It is the goal of NYSCPG to use the national exam produced by ASBOG, but this will need to written into the still-to-be-crafted regulations.

The law states that a candidate must be qualified to apply for a professional license in New York. A qualified person is defined by:

Education: Have received an education, including a Bachelor’s or higher degree in geological sciences, in accordance with the regulations.

Experience: Have at least five years of practical experience satisfactory to the Board in appropriate geologic work; up to one year of experience may be credited for an advanced degree (Masters, Doctorate, or and equivalent thereof) in accordance with the regulations.

Age: Be at least 21 years of age.

Character: Be of good moral character as defined by SED.

Twelve years of practical experience in geological work of a grade and character satisfactory to the Board may be accepted to replace the Education and Experience requirement.

The fee structure of the licensing law requires the payment of an initial application fee of $220 plus the triennial licensing fee of $210. A one-time fee for person taking the written exam will be added to the initial fee schedule once an exam cost is determined. The initial licensing fee total will be $430 plus exam fee, if required. The renewal fee will be $210 every three years, resulting in a $70 per year licensing maintenance fee. All of the monies paid for licensure go directly to the Office of the Professions in the State Education Department. This office receives no external funds from the state and relies on licensing fees to cover it operational costs, including Licensing Board meetings, research into complaints lodged against licensed professionals, and staff costs.

A common misconception has been that everyone will be required to hold a professional geologist license. Anyone who wishes to become an owner, officer, etc. of firms offering geological services, individuals wishing to provide professional services, and future state officers and employees of a certain grade will be required to possess a license. Employees working under a licensed professional, person working for a firm offering engineering services, and current state officers and employees will not be required to hold a license. This is analogous to the current practice of professional engineering.

Corporations conducting business in geology-related fields in New York will need to re-incorporate with the NYS Department of State into Professional Corporations. A company offering services labeled as strictly engineering would not need to re-incorporate, but will not be able to advertise professional geology services nor use any employees professional geologist’s stamp. Significantly, this law will now allow geologists to enter partnerships with members of our sister professions. More details on the corporation refiling need and process will follow in the coming months through the NYSCPG newsletter.

NYSCPG is excited for the passage of the bill and its signing into law. It has been a long road to this point, but the job is not done. There is a significant amount of work ahead and we are looking forward to the challenges. Future developments will be shared in the NYSCPG newsletter, so please be sure that we have your current contact information. We encourage anyone who is not currently a member to consider joining to get the facts about the path of our profession.

Thank you again for all of your support over the years and into the future. As the Chairperson of the Legislative Committee and Past President, I welcome you to please contact me (jnadeau@alphageoscience.com) or our new president Ivy Hildago-Oberding (iolberding@hotmail.com) if you have any questions.

John M. Nadeau, CPG
NYSCPG Past President
Legislative Chairman