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The New York State Builders Association
Voice of the Building Industry in New York State
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The NYSBA board met at Turning Stone on December 7th and agreed upon their 2018 Legislative Agenda.  After a successful 2017 where NYSBA was able to get More Restrictive Local Standard reform signed into law, the board has expanded their focus in the areas of vested rights, Article 78 reform, and implementing a tax credit for the cost of general liability insurance.

NYSBA 2018 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. 

General Liability Tax Credit
NYSBA is proposing legislation that would provide a tax credit for the additional cost that Labor Law 240/241 adds to general liability insurance in New York State.

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 development rights in such land use shall vest upon receipt of all permits required by the local zoning entity.  If construction is not commenced on such land within five years of the receipt of all permits required by the local zoning entity, the development rights in such land shall expire. 

Architect and Engineering Certification
NYSBA supports legislation which establishes procedures authorizing municipalities to grant building permits upon certification by a licensed professional engineer or a registered architect. 

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.

Reasonable Wetland Regulations
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.

Repeal the “Construction Industry Fair Play Act”
NYSBA supports legislation that would repeal New York State’s onerous and misnamed “Construction Industry Fair Play Act”.  NYSBA is greatly concerned that the “Construction Industry Fair Play Act” is too broad and fails to accurately reflect how builders have historically used subcontractors in the construction industry.