BILL NUMBER: S8840
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the executive law, in relation to enacting the New York
emergency responder act
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide licensed design professionals and others in the building and
construction industry rights and benefits pertaining to liability for
providing advice, services, labor, and materials during times of emer-
gency, crisis, or catastrophe, including weather-related events. Such
rights and benefits would not be applied in cases of wanton, willful, or
intentional misconduct, nor to services provided after 90 days of the
emergency. This legislation shall not affect the liability of any
government entity that requests these services.
 
SUMMARY OF PROVISIONS:
Adds a new section 29-f to the executive law to provide that any person,
firm or corporation, including any engineer, architect, landscape archi-
tect, land surveyor, contractor, subcontractor, laborer, and/or suppli-
er, who is acting in official capacity to render advice or services in
connection with a declared emergency is not liable for certain damages
that may occur.
 
JUSTIFICATION:
In times of natural disasters, emergencies, or other catastrophic
events, architectural, engineering and construction expertise and skills
are needed to provide advice and services to determine the integrity of
and to stabilize, repair and rehabilitate structures, buildings, piping,
or other engineered systems on an emergency basis. Professional engi-
neers, architects, landscape architects, land surveyors, contractors,
subcontractors, laborers, and suppliers are willing to assist their
communities, states, and the nation in these times of crisis.
Such persons and firms, however, may face substantial liability exposure
when furnishing services to assist government on an emergency basis.
Many states have recognized this liability threat and have enacted laws
that provide immunity for the performance of services at the request of
government entities in times of declared emergencies. Insurance premiums
for professionals and contractors in the building, design and
construction industries have been on the rise and further accelerated by
catastrophic natural and manufactured events in recent years, including
the events of September 11, 2001, and Hurricanes Irene and Sandy in 2011
and 2012.
In addition, as those professionals and contractors that responded to
the events of September 11, 2001, learned, insurance may not be avail-
able at any reasonable price. As a result, professionals and contractors
that responded in the wake of September 11, 2001, chose not to do so
when subsequent emergencies occurred. Considering the resulting infras-
tructural and humanitarian disasters, it is time that New York State
joined in the national efforts to enact "Emergency Responder" protection
laws.
 
PRIOR LEGISLATIVE HISTORY:
2023-24 A8066: Referred to Governmental Operations, S3312: Referred to
Veterans, Homeland Security and Military Affairs
2021-22 A5769: Referred to Governmental Operations, S6377: Referred to
Veterans, Homeland Security and Military Affairs
2019-20 A4142: Referred to Governmental Operations, S8159: Referred to
Veterans, Homeland Security and Military Affairs
2017-18 A4241: Reported from Governmental Operations (died in Codes),
S4135: Passed Senate
2015-16 A6214: Reported from Governmental Operations (died in Codes),
S4238: Passed Senate
2013-14 A7715: Referred to Governmental Operations, S5672: Referred to
Veterans, Homeland Security and Military Affairs
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.