MEMORANDUM ON LONG ISLAND BUILDERS INSTITUTE LEGISLATIVE ISSUES

The Long Island Builders Institute appreciates this opportunity to present our 2005 Legislative Initiatives. Included in our folder today are memoranda on our key bills, a brochure that is one of thousands circulating to those who requested help on affordable housing and a housing/economic report. The folder itself explains a lot about our organization.

LIBI SUPPORT PRIORITIES:
REMOVING ABSOLUTE LIABILITY FOR RESIDENTIAL
CONSTRUCTION IN LABOR LAW
Reform of New York State’s absolute liability law (Section 240 of the NYS Labor Law): this law has led to the current insurance crisis for builders in the state.
Legislation supported by NYSBA serves to remedy current abuses of the law by letting builders, owners and contractors defend themselves against lawsuits brought about by negligent employees. We support a S.3823 Volker A.2946 Morelle. The bill states that the builder is responsible for creating a safe work environment, if the worker is injured after taking a specific safety program, fails to use the equipment properly or behaves in a manner that contributes to his own injury the builder can introduce this as evidence during a liability lawsuit.

STATUTORY GUIDELINES FOR PLANNING MORATORIA
S.722 Little, Passed Senate. We are seeking Assembly sponsors.
Municipalities around the state have increasingly used development moratoria as planning or growth restriction tools. Specific parameters for such local laws need to be established to insure proper community planning and to protect the rights of landowners. Repetitive moratoria on Long island have reduced starts by 20%.

OTHER BILLS WE SUPPORT:

PERMANENT FIRST TIME HOME BUYER TAX ABATEMENT
The first time homebuyer tax abatement sunsets on December 31, 2005. We support
S.3020 Lavalle/A.5766 Sweeney. This bill would make this successful housing incentive permanently available to potential homeowners across the state.
This tax abatement assists first time buyers in being able to qualify to purchase either a new home or home that requires renovation. The bill provides a local option and a tax abatement schedule for five years after which full taxes are paid.

MANDATORY REVIEW BY BUILDING CODE COUNCIL OF LOCAL STANDARDS
This law would not allow a local government to adopt a local standard and enforce it while its petition for approval by the Code Council is pending. To ensure timely review by the Code Council, an amended statute would require council review and a determination to occur within 180 days of receipt of a petition or the local standard will be deemed approved.

TRAINING FOR PLANNING AND ZONING BOARDS
S.3094 McGee
NYSBA supports and promotes mandatory training for planning and zoning board members. Land development applications, which involve billions of dollars and have significant local impact are annually processed by local planning and zoning boards. The process usually involves volunteer board members with no experience in these fields and sometimes no comprehensive land use plan. In order that the best decisions are made the state needs to set some minimum training requirements for local planning board members much like those required in other states and in the real property tax Boards of Assessment Review Training mandate.

LIMIT FEES ON DEVELOPMENT APPLICATIONS
Many times the project consultant fees charged to applicants in connection with development applications are in excess of the amount charged to the municipality for the same service. In order to reduce housing costs to the consumer, legislation should be passed stating that any consultant fees associated with development applications should not be in excess of the fee charged to the municipality by the same consultant.

AFFORDABLE HOUSING LAND USE TRIAL PREFERENCE
There is a shortage of affordable housing in many communities throughout the state. Under this legislation, municipalities would be required to have a balanced and comprehensive plan that gives consideration to housing needs. A trial preference should be made available to an applicant for an affordable housing project who challenges a determination pursuant to Article 78.

EXEMPTION FROM ARCHITECT SEAL
Seek introduction of legislation to increase the monetary exemption for the requirement of an architects or engineers seal on plans that do not involve any structural alteration. This exemption has not been updated to reflect increased costs for improvements. Libous will introduce in Senate.

ARCHITECTS & ENGINEERS TO CERTIFY WORK
Introduce legislation to permit municipalities to accept self-certification by licensed architects and engineers of prescribed building code requirements. Self-certification would ease the burden on municipal code officials while ensuring building projects receive timely inspection.

LIBI OPPOSITION PRIORITIES

EXPANDED STATE WETLANDS JURISDICTION
A.2048 DiNapoli/S.2081 Marcellino, Passed Assembly - on calendar in Senate.
Expanded Wetlands Regulation. See memo in opposition. There are too many one acre to twelve acre wetlands on Long Island for DEC to manage in a timely manner, with out massive increases in staff. Our local governments all regulate any wetland on development parcels. See memo

CHANGES IN CONDO ASSESSMENTS
A.4901A McLaughlin/S.2439A Little. Condo and coops provide services and have common charges and can’t be effectively assessed by sum of sales prices. See Memo.

AUTHORIZATION FOR TOWN REAL PRO[PERTY TRANSFER TAXES
FOR OPEN SPACE
A.6450 DiNapoli/S.3153 Marcellino. - Authorizes towns to set up a local 2% real estate transfer tax. Proceeds to acquire open space. Based on east end experience, drives up land cost and reduces land available for development.
Will require referenda in every town.

Respectfully submitted,
Robert Wieboldt
Executive Vice President
Legislative Representative

April 19, 2005