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The New York State Builders Association
 
Voice of the Building Industry in New York State
 
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2017 Legislative Agenda

Scaffold Law Reform
NYSBA supports legislation that would allow the application of a comparative negligence standard in Labor Law 240 and 241 cases so that any employee negligence that contributed to any “gravity-related” injury may be considered in damage awards.  An employee who (1) failed to use safety devices furnished at the job site; (2) failed to comply with safety instructions of training; (3) were injured as a result of drug or alcohol impairment; or (4) were injured while committing a crime may have their damage award reduced by the percentage of fault attributable to him or her.

MRLS Reform
NYSBA supports legislation that provides that local laws and ordinances imposing more restrictive local standards (MRLS) than are applicable generally under the State Uniform Fire Prevention and Building Code (Uniform Code) shall not take effect until after such standards have been approved by the State Fire Prevention and Building Code Council. Governor Cuomo signed this into law in October 2017.

SEQRA Reform
NYSBA supports legislation that would amend the Environmental Conservation Law to make the time periods in SEQRA mandatory unless the applicant or project sponsor agrees to an extension. 

Fire Sprinkler Tax Credit
NYSBA supports legislation to incentivize the installation of fire sprinkler systems in residential properties by providing a tax credit to residential property owners who install such systems.

Article 78 Reform
NYSBA supports legislation that requires a court determination on a bond requirement for an Article 78 action challenging a permit or approval granted by a municipality for construction of residential housing. 

Vested Rights
NYSBA supports legislation which provides that when a lead agency under the SEQRA issues a negative declaration or a findings statement, upon a developer application with a fee to the municipality a development or proposed subdivision would be governed by existing municipal zoning and planning ordinances and regulations.  This legislation allows developers to rely on the development regulations which are in effect at the time a negative declaration or a findings statement is issued under SEQRA. 

Architect and Engineering Stamp
NYSBA supports legislation which amends the Education Law to increase the threshold to $50,000 at which construction and maintenance of certain buildings, structures and public works must be supervised by professional engineers, land surveyors, and licensed architects. 

NYSERDA Green Building Incentives – Affordable Housing
NYSBA supports legislation that would provide financial incentives from NYSERDA for the construction of new affordable housing which uses green design and building techniques while maintaining affordability.

First-Time Homebuyer Savings Account Program
NYSBA supports legislation being drafted by the New York State Association of Realtors (NYSAR) to assist first-time home buyers in their efforts to purchase a home, whether that is a single-family residence, condo, cooperative apartment or townhome. NYSAR proposes that New York State implement a program authorizing a first-time home buyer savings account that would grow tax free, similar to an individual retirement account.

Wetland Over-regulation
NYSBA opposes legislation that would extend DEC’s authority for regulation of freshwater wetlands from 12.4 acres to 1 acre. This measure also changes the DEC freshwater wetlands map from a basis for regulation to an educational only function.