|
RCBJ-Audible (Listen For Free)
 |
Insiders Say Legislature Likely Has Enough Votes; Some Say the Measure Is Tied To Help Needed To Establish a Sewer Authority in Ramapo
By Tina Traster
The Rockland County Legislature on Tuesday is set to vote on a resolution that would neuter the Home Improvement Board and shift power to elected county officials.
The move has many shaking heads, unable to grasp why such a draconian measure is up for a vote, while others say the move is part of a negotiation that would ease the creation of a new public sewer authority in Ramapo.
“What was broken?” asked Christine Bailey, whose partner is a Master Electrician at Vista Electrical Contractors, Inc. of West Nyack. “Why is this happening. The Legislature is trying to take everything and do it by themselves.”
County Legislators – some of whom say they’ve had little explanation over the proposal – are expected to vote on a complete replacement of Chapter 286 of the Rockland County Code governing home improvement contractors.
The proposed law removes authority from the Licensing Board, which historically granted or denied licenses, determined applicant qualifications, conducted hearings, and suspended or revoked licenses. With the proposed law, the Home Improvement Licensing Board is reduced to playing an advisory role, without the power to license or regulate. Instead, the power will be concentrated with the Office of Consumer Protection.
The concentration of authority includes both licensing determinations and enforcement actions, including violations and penalties.
Skeptics say this shift will eliminate the role of an expert, multi-member body in favor of decision-making by a single administrative official and political appointee.
The proposed law also eliminates testing requirements and long-time measures of competency that have been part of the licensing process. Under the proposed law, licensing is largely administrative, relying on application submissions and disclosures rather than demonstrated technical proficiency. Critics say the removal of safeguards risks lowering professional standards.
Attorney Robert Zitt, writing on behalf of the Independent Contractors of Rockland, sent a letter to legislative members that said, “The Association reiterates its concern with the Legislature’s recent pattern of proposals that diminish the role of established licensing frameworks and the expert bodies tasked with administering them.”
He also wrote, the proposed law “creates a structure whereby the Director cannot independently adopt procedures and has no rulemaking authority.” He said the proposal “blurs the distinction between legislative and administrative functions that the existing framework carefully maintained.” The county has always relied on specialized bodies carrying out technical determinations.
Over the past few months, tradespeople across Rockland County have been sounding the alarm over an effort led by Rockland County Legislator Itamar Yeger (District 4) to ease, or in some cases, gut the rules and regulations for contractors and skilled trades professionals.
At its March 18 meeting, the Legislature tabled a proposal that would allow electricians seeking licenses to take open-book exams, including access to a calculating device. Current law permits only closed-book exams. Also, Yeger has been pushing to reduce the number of years needed for electricians to be licensed. Sources say the Board of Electrical Examiners have agreed to reduce the required 7.5 years to 6.5, and to the open-book examination because, they say, they “see the handwriting on the wall.”
For now, the Board of Electrical Examiners retains its authority, but members say they expect their powers, along with those of the county’s plumbers, will be diluted in the same way that home contractors’ will under the new law, if adopted.
Home contractors are also worried about the proposed law’s new category of “project managers,” who may advise, coordinate and oversee home improvement projects without licensure.
Zitt wrote, “While the law states that such individuals may not perform or subcontract work, the distinction between “managing” and “contracting” is not clearly defined. In practice, project managers exercise substantial control over projects, including the selection of contractors, subs, coordination of work and interaction with homeowners.”
He argues this law creates a parallel and unlicensed class of participants operating within the same space as licensed contractors, but who are not subject to the same requirements, insurance obligations, or disciplinary oversight.
Also, the proposed law allows the transfer or assignment of licenses under certain circumstances, which raises the issue of accountability.
Insiders Say Contractor’s Bill is Tied To Effort To Get New Public Sewer Authority
Insiders say reasons for such drastic measures have not been spelled out, but that County Executive Ed Day supports the change, and members of the Legislature’s Republican minority seem inclined to vote for the measures, which could provide enough votes to ensure the passage of the law.
Insiders also say public officials have lined up behind the proposed law in exchange for a push in Albany to establish a new sewer authority in Ramapo. The Legislature on Tuesday also plans to vote to advance the formation of the CR Clean Water and Sewer Authority, to replace the Rockland County Sewer District No. 1. The County needs approval from the State Legislature to create a new public authority. Insiders say Assemblyman Aron Weider and others have been promising advocacy in Albany on the proposal in exchange for cooperation with the Home Improvement Contractors’ bill in Rockland.
The Assembly bill, sponsored by Aron Wieder (D-97), sits in the Assembly Corporations, Authorities And Commissions. It abolishes the existing sewer district and replaces it with a public authority that would function in a manner similar to Rockland Green, with full authority to tax residents, undertake construction projects, and issue bonds guaranteed by public tax dollars.
The Senate bill, sponsored by Bill Weber (R-38) also sits in the Senate Corporations, Authorities & Commissions Committee. The bill provides a statutory framework to transition the functions, assets, and obligations of the existing Rockland County Sewer District No. 1 into a new public benefit corporation with jurisdiction over the existing sewer system and new projects.
The new “public authority” would have a nine-member governing body, including appointments by the County Executive and County Legislature leadership, and ex officio participation by the Supervisors of the Towns of Ramapo and Clarkstown, with each town supervisor appointing members — two in Ramapo; one in Clarkstown. The legislation and subsequent charter would effectively give the two towns a majority of five of the nine votes.
The vote on Tuesday night is for a Resolution urging the legislature and governor to advance the bills through committee and become law.
In Oct., RCBJ reported that Rockland County wants to offload Sewer District #1 and establish it as a public authority. The enabling legislation at the state legislature is a necessary prerequisite to the establishment of the new public authority.
The genesis of the idea began in early spring when Day suggested the concept to those who run the sewer district, according to sources.
“It was determined that the interests of the residents of the County and the County government itself would be better served by severing the agency responsible for the disposal and treatment of sewage, i.e., the Rockland County Sewer District No. 1 from County government and forming a new, separate authority known as the Rockland County Sewer Authority,” said Day in a statement when asked about the plan.
Sources say the County Legislature’s Fiscal Director was asked to study this but Day said he did not ask for an examination. Instead, he said “after meetings between the County Legislature and members of the Sewer District, it was decided that the Administration would submit a Home Rule Request to the County Legislature, which it did in April.”
Sewer District #1, which has a $53 million budget, is a county agency that services Clarkstown and Ramapo (but not Suffern), as well as 500 parcels in Orangetown. Average homeowners within the Sewer District pay about $600 annually for the service as part of their town and county tax bill.
