BILL NUMBER: SB 1914 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 14, 2004
INTRODUCED BY Committee on Business and Professions (Senators
Figueroa (Chair), Brulte, Cedillo, Machado, Murray, and Vincent)
MARCH 17, 2004
An act to amend Sections 5651, 5657, 5659, 7011.4,
7028.1, 7048, 7068, 7071.9, 7071.11, 7083, 7085, 7090.1, 7121, 7137,
8024, 8024.1, 8024.2, and 8027 of 7804, 7806,
7830, 7833, 7835, 7835.1, 7837, 7845, 7852, 7860, 8024.1, 8027,
8764, and 22575 of, to add Section 7843 to , and to repeal
Sections 7019.5, 7021, and 7124.5 of, the Business and Professions
Code, to amend Sections 9148.8 and 11521 of the Government Code,
to amend Sections 25159.12 and 25208.2 of the Health and Safety Code,
to amend Section 662 of the Public Resources Code, and to amend
Section 13273 of the Water Code, relating to professions and
vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1914, as amended, Committee on Business and Professions.
Contractors: landscape architects: court reporters :
geologists .
(1) Existing law provides for the regulation and licensure of
landscape architects by the California Architects Board. Existing
law requires a licensed landscape architect to notify the executive
officer of the board of any change of address of his or her place of
business. Failure to notify the executive officer of the board
results in a penalty that is paid to the board and deposited into the
California Architects Board-Landscape Fund, which is a continuously
appropriated fund.
This bill would instead require a licensed landscape architect to
file his or her current mailing address with the board and to
immediately notify the board of any and all changes in mailing
address, providing both his or her old and new address.
(2) Existing law, the Contractors' State License Law,
creates the Contractors' State License Board within the Department of
Consumer Affairs and provides for the licensure and regulation of
contractors.
Existing law requires the board to conduct certain studies and
reviews. Existing law requires an unlicensed person engaging in a
project under $500 to give notice to the consumer regarding his or
her nonlicensee status. Existing law prohibits an applicant for
licensure convicted of certain acts from applying for licensure for a
one-year period following the conviction. Existing law allows a
30-day grace period for a delinquency fee, with regards to delinquent
application for a license. Existing law requires a copy of a
complaint in a civil action against a contractor's bond to be served
on the register of the clerk of court, who must maintain a record.
Existing law prohibits the board from making public disclosure of
complaints against a licensee, except as specified.
This bill would delete these provisions and requirements.
Existing law requires a qualifying individual to file a bond in
the amount of $7,500.
This bill would, on and after January 1, 2007, require the bond
amount to be $12,500. The bill would also establish the aggregate
surety on claims brought against the bond at an amount of $7,500.
Existing law provides for a contractor's licensure examination,
and exempts certain persons from the examination. Existing law
requires contractors changing certain information, including business
name or address, to notify the registrar within 90 days of the
change. Existing law makes employment of certain person who have
been denied a license or had action taken against their license, or
the license of an entity that they were associated with, grounds for
disciplinary action.
This bill would revise the conditions for exemption from
licensure. The bill would require notice of a change in information
to be given on a form prescribed by the registrar. The bill would
exempt employment as a bona fide employee from the disciplinary
action provisions related to employing persons who have been denied
or had action taken against their license or the license of an entity
they were associated with.
(2)
(3) Existing law provides for the certification and
regulation of shorthand reporters by the Court Reporters Board of
California in the Department of Consumer Affairs. Existing law
requires the payment of an initial certification fee prior to
certification. Existing law also requires a certificate holder
applying for renewal to meet requirements that include notifying the
board if he or she has been convicted of a misdemeanor substantially
related to the functions and duties of a court reporter.
This bill would authorize the board to issue an interim permit of
specified duration to a candidate eligible for certification, prior
to receipt of the initial certification fee. The bill would also
require a certificate holder applying for renewal to notify the board
if he or she has been convicted of any misdemeanor.
(4) Existing law, the Geologist and Geophysicist Act, creates the
Board for Geologists and Geophysicists and makes it responsible for
the registration and regulation of persons practicing as a geologist
or geophysicist. A geologist registered under the act is referred to
as a "registered geologist."
This bill would change the title designation "registered geologist"
to "professional geologist" and would also authorize the board to
register a person meeting specified requirements as a
geologist-in-training.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5651 of the Business and Professions Code
is amended to read:
5651. (a) The board shall by means of examination, ascertain the
professional qualifications of all applicants for licenses to
practice landscape architecture in this state and shall issue a
license to every person whom it finds to be qualified on payment of
the initial license fee prescribed by this chapter.
(b) The examination shall consist of a written examination. The
written examination may be waived by the board if the applicant (1)
is currently licensed by a United States jurisdiction, Canadian
province, or Puerto Rico and has passed a written examination
equivalent to that which was is
required in California at that the time
or is certified by the Council of Landscape Architects
Registration Boards and has submitted proof of job experience
equivalent to that which is required of California candidates
of application and (2) has passed the California
supplemental examination if, at the time of application, it is
required of all California applicants.
SEC. 2. Section 5657 of the Business and Professions Code is
amended to read:
5657. Each licensee shall notify the executive officer
of the board of any change of address of his or her place of business
file his or her current mailing address with the
board at its office in Sacramento, California, and shall immediately
notify the board of any and all changes of mailing address, providing
both his or her old and new address . A penalty as provided
in this chapter shall be paid by a licensee who fails to notify the
board within 30 days after a change of address.
SEC. 3. Section 5659 of the Business and Professions Code is
amended to read:
5659. Each person licensed under this chapter shall sign
and , date , and seal or stamp using a
seal or stamp described in this section, all plans,
specifications, and other instruments of service and
contracts therefor, prepared for others as evidence of
the person's responsibility for those documents . In
addition to the signature and date, all final landscape architectural
plans, specifications, and other instruments of service and
contracts therefor shall bear the landscape architect's license
number and the renewal date of his or her license. Failure
to comply with this section constitutes a ground for disciplinary
action. Each person licensed under this chapter may, upon
licensure, obtain a shall use a seal or stamp or
stamp of the design authorized by the board, bearing his or her
name, license number, the renewal date of the license and
the legend "landscape architect" and the legend
"State of California." "licensed landscape architect,"
the legend "State of California" and a means of providing a
signature, the renewal date of the license, and date of signing and
sealing or stamping.
SEC. 4. Section 7011.4 of the Business and Professions Code
is amended to read:
7011.4. (a) Notwithstanding Section 7011, there is in the
Contractors' State License Board, a separate enforcement unit which
shall rigorously enforce this chapter prohibiting all forms of
unlicensed activity.
(b) Persons employed as enforcement representatives in this unit
and designated by the Director of Consumer Affairs are not peace
officers and are not entitled to safety member retirement benefits.
They do not have the power of arrest. However, they may issue a
written notice to appear in court pursuant to Chapter 5c (commencing
with Section 853.5) of Title 3 of Part 2 of the Penal Code.
SEC. 2.
SEC. 5. Section 7019.5 of the Business and Professions Code
is repealed.
SEC. 3.
SEC. 6. Section 7021 of the Business and Professions Code is
repealed.
SEC. 4.
SEC. 7. Section 7028.1 of the Business and Professions Code
is amended to read:
7028.1. It is a misdemeanor for any contractor, whether licensed
or unlicensed, to perform or engage in asbestos-related work, as
defined in Section 6501.8 of the Labor Code, without certification
pursuant to Section 7058.5 of this code, or to perform or engage in a
removal or remedial action, as defined in subdivision (d) of Section
7058.7, or, unless otherwise exempted by this chapter, to bid for
the installation or removal of, or to install or remove, an
underground storage tank, without certification pursuant to Section
7058.7. A contractor in violation of this section is subject to one
of the following penalties:
(a) Conviction of a first offense is punishable by a fine of not
less than one thousand dollars ($1,000) or more than three thousand
dollars ($3,000), and by possible revocation or suspension of any
contractor's license.
(b) Conviction of a subsequent offense requires a fine of not less
than three thousand dollars ($3,000) or more than five thousand
dollars ($5,000), or imprisonment in the county jail not exceeding
one year, or both the fine and imprisonment, and a mandatory action
to suspend or revoke any contractor's license.
SEC. 5.
SEC. 8. Section 7048 of the Business and Professions Code is
amended to read:
7048. This chapter does not apply to any work or operation on one
undertaking or project by one or more contracts, the aggregate
contract price which for labor, materials, and all other items, is
less than five hundred dollars ($500), that work or operations being
considered of casual, minor, or inconsequential nature.
This exemption does not apply in any case wherein the work of
construction is only a part of a larger or major operation, whether
undertaken by the same or a different contractor, or in which a
division of the operation is made in contracts of amounts less than
five hundred dollars ($500) for the purpose of evasion of this
chapter or otherwise.
This exemption does not apply to a person who advertises or puts
out any sign or card or other device which might indicate to the
public that he or she is a contractor or that he or she is qualified
to engage in the business of a contractor.
SEC. 6.
SEC. 9. Section 7068 of the Business and Professions Code is
amended to read:
7068. (a) The board shall require an applicant to show such
degree of knowledge and experience in the classification applied for,
and such general knowledge of the building, safety, health, and lien
laws of the state and of the administrative principles of the
contracting business as the board deems necessary for the safety and
protection of the public.
(b) An applicant shall qualify in regard to his or her experience
and knowledge in one of the following ways:
(1) If an individual, he or she shall qualify by personal
appearance or by the appearance of his or her responsible managing
employee who is qualified for the same license classification as the
classification being applied for.
(2) If a copartnership or a limited partnership, it shall qualify
by the appearance of a general partner or by the appearance of a
responsible managing employee who is qualified for the same license
classification as the classification being applied for.
(3) If a corporation, or any other combination or organization, it
shall qualify by the appearance of a responsible managing officer or
responsible managing employee who is qualified for the same license
classification as the classification being applied for.
(c) A responsible managing employee for the purpose of this
chapter shall mean an individual who is a bona fide employee of the
applicant and is actively engaged in the classification of work for
which that responsible managing employee is the qualifying person in
behalf of the applicant.
(d) The board shall, in addition, require an applicant who
qualifies by means of a responsible managing employee under either
paragraph (1) or (2) of subdivision (b) to show his or her general
knowledge of the building, safety, health, and lien laws of the state
and of the administrative principles of the contracting business as
the board deems necessary for the safety and protection of the
public.
(e) Except in accordance with Section 7068.1, no person qualifying
on behalf of an individual or firm under paragraph (1), (2), or (3)
of subdivision (b) shall hold any other active contractor's license
while acting in the capacity of a qualifying individual pursuant to
this section.
(f) At the time of application for renewal of a license, the
responsible managing individual shall file a statement with the
registrar, on a form prescribed by the registrar, verifying his or
her capacity as a responsible managing individual to the licensee.
(g) Statements made by or on behalf of an applicant as to the
applicant's experience in the classification applied for shall be
verified by a qualified and responsible person. In addition, the
registrar shall, as specified by board regulation, randomly review a
percentage of such statements for their veracity.
(h) The registrar shall review experience gained by applicants
from other states to determine whether all of that experience was
gained in a lawful manner in that state.
SEC. 7.
SEC. 10. Section 7071.9 of the Business and Professions Code
is amended to read:
7071.9. (a) If the qualifying individual, as referred to in
Sections 7068 and 7068.1, is not either the proprietor, a general
partner, or joint licensee, he or she shall file or have on file a
qualifying individual's bond as provided in Section 7071.10 in the
sum of seven thousand five hundred dollars ($7,500). This bond is
in addition to, and may not be combined with, any contractor's bond
required by Sections 7071.5 to 7071.8, inclusive, and is required for
the issuance, reinstatement, reactivation, or continued valid use of
a license. However, on and after January 1, 2007, the sum of the
bond that a qualifying individual is required to have on file shall
be twelve thousand five hundred dollars ($12,500).
(b) Excluding the claims brought by the beneficiaries specified in
paragraph (1) of subdivision (a) of Section 7071.10, the aggregate
liability of a surety on claims brought against the bond required by
this section shall not exceed the sum of seven thousand five hundred
dollars ($7,500). The bond proceeds in excess of seven thousand five
hundred dollars ($7,500) shall be reserved exclusively for the
claims of the beneficiaries specified in paragraph (1) of subdivision
(a) of Section 7071.10. However, nothing in this section shall be
construed to prevent any beneficiary specified in paragraph (1) of
subdivision (a) of Section 7071.10 from claiming or recovering the
full measure of the bond required by this section. This bond is in
addition to, and may not be combined with, any contractor's bond
required by Sections 7071.5 to 7071.8, inclusive, and is required for
the issuance, reinstatement, reactivation, or continued valid use of
a license.
(c) The responsible managing officer of a corporation shall not be
required to file or have on file a qualifying individual's bond, if
he or she owns 10 percent or more of the voting stock of the
corporation and certifies to that fact on a form prescribed by the
registrar.
SEC. 8.
SEC. 11. Section 7071.11 of the Business and Professions
Code is amended to read:
7071.11. (a) The aggregate liability of a surety on a claim for
wages and fringe benefits brought against any bond required by this
article, other than a bond required by Section 7071.8, shall not
exceed the sum of four thousand dollars ($4,000). If any bond which
may be required is insufficient to pay all claims in full, the sum of
the bond shall be distributed to all claimants in proportion to the
amount of their respective claims. Any action, other than an action
to recover wages or fringe benefits, against a contractor's bond or a
bond of a qualifying individual filed by an active licensee shall be
brought within two years after the expiration of the license period
during which the act or omission occurred, or within two years of the
date the license of the active licensee was inactivated, canceled,
or revoked by the board, whichever first occurs. Any action, other
than an action to recover wages or fringe benefits, against a
disciplinary bond filed by an active licensee pursuant to Section
7071.8 shall be brought within two years after the expiration of the
license period during which the act or omission occurred, or within
two years of the date the license of the active licensee was
inactivated, canceled, or revoked by the board, or within two years
after the last date for which a disciplinary bond filed pursuant to
Section 7071.8 was required, whichever date is first. A claim to
recover wages or fringe benefits shall be brought within six months
from the date that the wage or fringe benefit delinquencies were
discovered, but in no event shall a civil action thereon be brought
later than two years from the date the wage or fringe benefit
contributions were due.
(b) Whenever the surety makes payment on any claim against a bond
required by this article, whether or not payment is made through a
court action or otherwise, the surety shall, within 30 days of the
payment, provide notice to the registrar. The notice required by
this subdivision shall provide the following information by
declaration on a form prescribed by the registrar:
(1) The name and license number of the contractor.
(2) The surety bond number.
(3) The amount of payment.
(4) The statutory basis upon which the claim is made.
(5) The names of the person or persons to whom payments have been
made.
(6) Whether or not the payments were the result of a good faith
action by the surety.
The notice shall also clearly indicate whether or not the licensee
filed a protest in accordance with this section.
(c) Prior to the settlement of a claim through a good faith
payment by the surety, a licensee shall have not less than 15 days in
which to provide a written protest. This protest shall instruct the
surety not to make payment from the bond on the licensee's account
upon the specific grounds that the claim is opposed by the licensee,
and provide the surety a specific and reasonable basis for the
licensee's opposition to payment.
(1) Whenever a licensee files a protest in accordance with this
subdivision, the board shall investigate the matter and file
disciplinary action as set forth under this chapter if there is
evidence that the surety has sustained a loss as the result of a good
faith payment made for the purpose of mitigating any damages
incurred by any person or entity covered under Section 7071.5.
(2) Any licensee that fails to file a protest as specified in this
subdivision shall have 90 days from the date of notification by the
board to submit proof of payment of the actual amount owed to the
surety and, if applicable, proof of payment of any judgment or
admitted claim in excess of the amount of the bond or, by operation
of law, the license shall be suspended at the end of the 90 days. A
license suspension pursuant to this subdivision shall be disclosed
indefinitely as a failure to settle outstanding final liabilities in
violation of this chapter. The disclosure specified by this
subdivision shall also be applicable to all licenses covered by the
provisions of subdivision (d).
(d) No license may be renewed, reissued, or reinstated while any
judgment or admitted claim in excess of the amount of the bond
remains unsatisfied. Further, no license may be renewed, reissued,
or reinstated while any surety remains unreimbursed for any loss or
expense sustained on any bond issued for the licensee or for any
entity of which any officer, director, member, partner, or qualifying
person was an officer, director, member, partner, or qualifying
person of the licensee while the licensee was subject to suspension
or disciplinary action under this section.
(e) The licensee may provide the board with a notarized copy of an
accord, reached with the surety to satisfy the debt in lieu of full
payment. By operation of law, failure to abide by the accord shall
result in the automatic suspension of any license to which this
section applies. A license that is suspended for failure to abide by
the accord may only be renewed or reinstated when proof of
satisfaction of all debts is made.
(f) Legal fees may not be charged against the bond by the board.
(g) In any case in which a claim is filed against a deposit given
in lieu of a bond by any employee or by an employee organization on
behalf of an employee, concerning wages or fringe benefits based upon
the employee's employment, claims for the nonpayment shall be filed
with the Labor Commissioner. The Labor Commissioner shall, pursuant
to the authority vested by Section 96.5 of the Labor Code, conduct
hearings to determine whether or not the wages or fringe benefits
should be paid to the complainant. Upon a finding by the
commissioner that the wages or fringe benefits should be paid to the
complainant, the commissioner shall notify the registrar of the
findings. The registrar shall not make payment from the deposit on
the basis of findings by the commissioner for a period of 10 days
following determination of the findings. If, within the period, the
complainant or the contractor files written notice with the registrar
and the commissioner of an intention to seek judicial review of the
findings pursuant to Section 11523 of the Government Code, the
registrar shall not make payment, if an action is actually filed,
except as determined by the court. If, thereafter, no action is
filed within 60 days following determination of findings by the
commissioner, the registrar shall make payment from the deposit to
the complainant.
(h) Any action, other than an action to recover wages or fringe
benefits, against a deposit given in lieu of a contractor's bond or
bond of a qualifying individual filed by an active licensee shall be
brought within three years after the expiration of the license period
during which the act or omission occurred, or within three years
after the date the license was inactivated, canceled, or revoked by
the board, whichever first occurs. Any action, other than an action
to recover wages or fringe benefits, against a deposit given in lieu
of a disciplinary bond filed by an active licensee pursuant to
Section 7071.8 shall be brought within three years after the
expiration of the license period during which the act or omission
occurred, or within three years of the date the license of the active
licensee was inactivated, canceled, or revoked by the board, or
within three years after the last date for which a deposit given in
lieu of a disciplinary bond filed pursuant to Section 7071.8 was
required, whichever date is first. If the board is notified of a
complaint relative to a claim against the deposit, the deposit shall
not be released until the complaint has been adjudicated.
SEC. 9.
SEC. 12. Section 7083 of the Business and Professions Code
is amended to read:
7083. All licensees shall notify the registrar, on a form
prescribed by the registrar, in writing within 90 days of any change
to information recorded under this chapter. This notification
requirement shall include, but not be limited to, changes in business
address, personnel, business name, qualifying individual bond
exemption pursuant to Section 7071.9, or exemption to qualify
multiple licenses pursuant to Section 7068.1.
Failure of the licensee to notify the registrar of any change to
information within 90 days shall cause the change to be effective the
date the written notification is received at the board's
headquarters office.
Failure to notify the registrar of the changes within the 90 days
is grounds for disciplinary action.
SEC. 10.
SEC. 13. Section 7085 of the Business and Professions Code
is amended to read:
7085. (a) After investigating any verified complaint alleging a
violation of Section 7107, 7109, 7110, 7113, 7119, or 7120, and any
complaint arising from a contract involving works of improvement and
finding a possible violation, the registrar may, with the concurrence
of both the licensee and the complainant, refer the alleged
violation, and any dispute between the licensee and the complainant
arising thereunder, to arbitration pursuant to this article, provided
the registrar finds that:
(1) There is evidence that the complainant has suffered or is
likely to suffer material damages as a result of a violation of
Section 7107, 7109, 7110, 7113, 7119, or 7120, and any complaint
arising from a contract involving works of improvement.
(2) There are reasonable grounds for the registrar to believe that
the public interest would be better served by arbitration than by
disciplinary action.
(3) The licensee does not have a history of repeated or similar
violations.
(4) The licensee was in good standing at the time of the alleged
violation.
(5) The licensee does not have any outstanding disciplinary
actions filed against him or her.
(6) The parties have not previously agreed to private arbitration
of the dispute pursuant to contract or otherwise.
(7) The parties have been advised of the provisions of Section
2855 of the Civil Code.
For the purposes of paragraph (1), "material damages" means
damages greater than seven thousand five hundred dollars ($7,500) and
less than fifty thousand dollars ($50,000).
(b) In all cases in which a possible violation of the sections set
forth in paragraph (1) of subdivision (a) exists and the contract
price is equal to or less than seven thousand five hundred dollars
($7,500), or the demand for damages is equal to or less than seven
thousand five hundred dollars ($7,500) regardless of the contract
price, the complaint shall be referred to arbitration, utilizing the
criteria set forth in paragraphs (2) to (6), inclusive, of
subdivision (a).
SEC. 11.
SEC. 14. Section 7090.1 of the Business and Professions Code
is amended to read:
7090.1. (a) (1) Notwithstanding any other provisions of law, the
failure to pay a civil penalty, or to comply with an order of
correction or an order to pay a specified sum to an injured party in
lieu of correction once the order has become final, shall result in
the automatic suspension of a license by operation of law 30 days
after noncompliance with the terms of the order.
(2) The registrar shall notify the licensee in writing of the
failure to comply with the final order and that the license shall be
suspended 30 days from the date of the notice.
(3) The licensee may contest the determination of noncompliance
within 15 days after service of the notice, by written notice to the
registrar. Upon receipt of the written notice, the registrar may
reconsider the determination and after reconsideration may affirm or
set aside the suspension.
(4) Reinstatement may be made at any time following the suspension
by complying with the final order of the citation. If no
reinstatement of the license is made within 90 days of the date of
the automatic suspension, the cited license and any other contractors'
license issued to the licensee shall be automatically revoked by
operation of law for a period to be determined by the registrar
pursuant to Section 7102.
(5) The registrar may delay, for good cause, the revocation of a
contractor's license for failure to comply with the final order of
the citation. The delay in the revocation of the license shall not
exceed one year. When seeking a delay of the revocation of his or her
license, a licensee shall apply to the registrar in writing prior to
the date of the revocation of the licensee's license by operation of
law and state the reasons that establish good cause for the delay.
The registrar's power to grant a delay of the revocation shall expire
upon the effective date of the revocation of the licensee's license
by operation of law.
(b) The cited licensee shall also be automatically prohibited from
serving as an officer, director, associate, partner, or qualifying
individual of another licensee, for the period determined by the
registrar, and the employment, election, or association of that
person by a licensee shall constitute grounds for disciplinary
action. Any qualifier disassociated pursuant to this section shall
be replaced within 90 days of the date of disassociation. Upon
failure to replace the qualifier within 90 days of the prohibition,
the license of the other licensee shall be automatically suspended or
the qualifier's classification removed at the end of the 90 days.
SEC. 12.
SEC. 15. Section 7121 of the Business and Professions Code
is amended to read:
7121. Any person who has been denied a license for a reason other
than failure to document sufficient satisfactory experience for a
supplemental classification for an existing license, or who has had
his or her license revoked, or whose license is under suspension, or
who has failed to renew his or her license while it was under
suspension, or who has been a member, officer, director, or associate
of any partnership, corporation, firm, or association whose
application for a license has been denied for a reason other than
failure to document sufficient satisfactory experience for a
supplemental classification for an existing license, or whose license
has been revoked, or whose license is under suspension, or who has
failed to renew a license while it was under suspension, and while
acting as a member, officer, director, or associate had knowledge of
or participated in any of the prohibited acts for which the license
was denied, suspended, or revoked, shall be prohibited from serving
as an officer, director, associate, partner, or qualifying individual
of a licensee, and the employment, election, or association of this
type of person by a licensee in any capacity other than as a
nonsupervising bona fide employee shall constitute grounds for
disciplinary action.
SEC. 13.
SEC. 16. Section 7124.5 of the Business and Professions Code
is repealed.
SEC. 14.
SEC. 17. Section 7137 of the Business and Professions Code
is amended to read:
7137. The board shall set fees by regulation. These fees shall
not exceed the following schedule:
(a) The application fee for an original license in a single
classification shall not be more than three hundred dollars ($300).
The application fee for each additional classification
applied for in connection with an original license shall not be more
than seventy-five dollars ($75).
The application fee for each additional classification pursuant to
Section 7059 shall not be more than seventy-five dollars ($75).
The application fee to replace a responsible managing officer or
employee pursuant to Section 7068.2 shall not be more than
seventy-five dollars ($75).
(b) The fee for rescheduling an examination for an applicant who
has applied for an original license, additional classification, a
change of responsible managing officer or responsible managing
employee, or for an asbestos certification or hazardous substance
removal certification, shall not be more than sixty dollars ($60).
(c) The fee for scheduling or rescheduling an examination for a
licensee who is required to take the examination as a condition of
probation shall not be more than sixty dollars ($60).
(d) The initial license fee for an active or inactive license
shall not be more than one hundred eighty dollars ($180).
(e) The renewal fee for an active license shall not be more than
three hundred sixty dollars ($360).
The renewal fee for an inactive license shall not be more than one
hundred eighty dollars ($180).
(f) The delinquency fee is an amount equal to 50 percent of the
renewal fee, if the license is renewed after its expiration.
(g) The registration fee for a home improvement salesperson shall
not be more than seventy-five dollars ($75).
(h) The renewal fee for a home improvement salesperson
registration shall not be more than seventy-five dollars ($75).
(i) The application fee for an asbestos certification examination
shall not be more than seventy-five dollars ($75).
(j) The application fee for a hazardous substance removal or
remedial action certification examination shall not be more than
seventy-five dollars ($75).
SEC. 15. Section 8024 of the Business and Professions Code is
amended to read:
8024. All certificates issued under this chapter shall be valid
for a period of one year, except for the initial period of licensure
as prescribed by the board, and shall expire at 12 midnight on the
last day of the month of birth of the licensee unless renewed.
To renew an unexpired certificate, the certificate holder shall,
on or before each of the dates on which it would otherwise expire, do
all of the following:
(a) Apply for renewal on a form prescribed by the board.
(b) Pay the renewal fee prescribed by this chapter.
(c) Notify the board whether he or she has been convicted of any
felony or any misdemeanor and whether any disciplinary action by any
regulatory or licensing board in this or any other state was taken
against the licensee subsequent to the licensee's last renewal.
SEC. 16.
SEC. 18. Section 7804 of the Business and Professions Code is
amended to read:
7804. Only a person registered as a geologist under the
provisions of this chapter shall be entitled to take and use the
title "registered "professional
geologist." Only a person registered as a geologist and certified
under the provisions of this chapter shall be entitled to take and
use the title of a registered certified specialty geologist.
SEC. 19. Section 7806 of the Business and Professions Code is
amended to read:
7806. A subordinate is any person who assists a
registered professional geologist or registered
geophysicist in the practice of geology or geophysics without
assuming the responsible charge of work.
SEC. 20. Section 7930 of the Business and Professions Code is
amended to read:
7830. After June 30, 1970, it It is
unlawful for anyone other than a geologist registered under this
chapter to stamp or seal any plans, specifications, plats, reports,
or other documents with the seal or stamp of a registered
professional geologist or registered certified
specialty geologist, or to use in any manner the title
"registered "professional geologist" or the
title of any registered certified specialty geologist unless
registered , or registered and certified
, hereunder under this chapter .
SEC. 21. Section 7833 of the Business and Professions Code is
amended to read:
7833. This chapter does not prohibit one or more geologists or
geophysicists from practicing through the medium of a sole
proprietorship, partnership, or corporation. In a partnership or
corporation whose primary activity consists of geological services,
at least one partner or officer shall be a registered
professional geologist. In a partnership or
corporation whose primary activity consists of geophysical services,
at least one partner or officer shall be a registered geophysicist.
SEC. 22. Section 7835 of the Business and Professions Code is
amended to read:
7835. All geologic plans, specifications, reports , or
documents shall be prepared by a registered
professional geologist , or registered
certified specialty geologist, or by a subordinate employee under his
or her direction. In addition, they shall be signed by
such registered the professional
geologist , or registered certified specialty
geologist or stamped with his or her seal, either of which
shall indicate his or her responsibility for them.
SEC. 23. Section 7835.1 of the Business and Professions Code is
amended to read:
7835.1. All geophysical plans, specifications, reports ,
or documents shall be prepared by a registered geophysicist,
registered certified specialty geophysicist, registered
professional geologist, registered certified
specialty geologist, or by a subordinate employee under his or
her direction. In addition, they shall be signed by
such the registered geophysicist, registered
certified specialty geophysicist, registered
professional geologist, or registered certified specialty
geologist, or stamped with his or her seal, either of
which shall indicate his or her responsibility for them.
SEC. 24. Section 7837 of the Business and Professions Code is
amended to read:
7837. A subordinate to a geologist or geophysicist registered
under this chapter, insofar as he or she acts solely in
such that capacity, is exempt from
registration under the provisions of this chapter. This exemption,
however, does not permit any such subordinate to
practice geology or geophysics for others in his or her
own right or to use the title "registered
"professional geologist" or "registered geophysicist".
SEC. 25. Section 7843 is added to the Business and Professions
Code, to read:
7843. (a) An applicant for certification as an
geologist-in-training shall, upon making a passing grade in the
National Association of State Boards of Geology's Fundamentals of
Geology examination be issued a certificate as a
geologist-in-training. A renewal or other fee, other than the
application fee, may not be charged for this certification. The
certificate shall become invalid when the holder has qualified as a
professional geologist as provided in Section 7841.
(b) A geologist-in-training certificate does not authorize the
holder thereof to practice or offer to practice geology, in his or
her own right, or to use the title specified in Section 7804.
(c) It is unlawful for anyone other than the holder of a valid
geologist-in-training certificate issued under this chapter to use
the title of "geologist-in-training" or any abbreviation of that
title.
SEC. 26. Section 7845 of the Business and Professions Code is
amended to read:
7845. Examinations for registration as a geologist or registered
certified specialty geologist shall test the applicant's knowledge of
geology and of any established specialty for which he or she
applies and his or her ability to apply that
knowledge and to assume responsible charge in the professional
practice of geology or a certified specialty geology, or both geology
and a certified specialty geology.
SEC. 27. Section 7852 of the Business and Professions Code is
amended to read:
7852. (a) Each geologist registered under this chapter may, upon
registration, obtain a seal of the design authorized by the board
bearing the registrant's name, number of his or her
certificate, and the legend "registered
"professional geologist."
(b) Each specialty geologist certified under this chapter may,
upon certification, obtain a seal of the design authorized by the
board bearing the registrant's name, number of his or her
certificate , and the legend "certified specialty
geologist."
SEC. 28. Section 7860 of the Business and Professions Code is
amended to read:
7860. (a) The board may, upon its own initiative or upon the
receipt of a complaint, investigate the actions of any
registered professional geologist, geophysicist,
or person granted temporary authorizations pursuant to Sections 7848
and 7848.1, and make findings thereon.
(b) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or revoke the certificate of
any geologist or geophysicist registered hereunder, or may publicly
reprove or revoke the temporary authorization granted to any person
pursuant to Section 7848 or 7848.1, on any of the following grounds:
(1) Conviction of a crime substantially related to the
qualifications, functions, or duties of a geologist or geophysicist.
(2) Misrepresentation, fraud, or deceit by a geologist or
geophysicist in his or her practice.
(3) Negligence or incompetence by a geologist or geophysicist in
his or her practice.
(4) Violation of any contract undertaken in the capacity of a
geologist or geophysicist.
(5) Fraud or deceit in obtaining a certificate to practice as a
geologist or geophysicist, or in obtaining a temporary authorization
to practice pursuant to Section 7848 or 7848.1.
(c) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or may revoke the certificate
of any geologist or geophysicist registered hereunder
under this chapter , or may publicly reprove or
revoke the temporary authorization granted to any person pursuant to
Section 7848 or 7848.1, for unprofessional conduct. Unprofessional
conduct includes, but is not limited to, any of the following:
(1) Aiding or abetting any person in a violation of this chapter
or any regulation adopted by the board pursuant to this chapter.
(2) Violating this chapter or any regulation adopted by the board
pursuant to this chapter.
(3) Conduct in the course of practice as a geologist or
geophysicist that violates professional standards adopted by the
board.
SEC. 29. Section 8024.1 of the Business and Professions Code
is amended to read:
8024.1. Every person to whom a certificate is issued shall, as a
condition precedent to its issuance, and in addition to any other fee
which may be payable, pay the initial certificate fee prescribed by
this chapter. Prior to receipt of an initial certificate fee, the
board may issue an interim permit of a limited duration, but only to
candidates eligible for certification under Section 8020. A limited
permit shall be valid for 45 days, or until the board issues a
certificate to the limited permitholder. If the board issues interim
permits, the initial certificate fee, and any other fee that may be
payable, shall be paid prior to the issuance of the certificate.
SEC. 17. Section 8024.2 of the Business and Professions Code is
amended to read:
8024.2. (a) Except as otherwise provided in this article, a
certificate that has expired may be renewed at any time within the
period set forth in Section 8024.5 by doing all of the following:
(1) Applying for renewal on a form prescribed by the board.
(2) Paying the renewal fee prescribed by this chapter.
(3) Notifying the board whether the licensee has been convicted of
any felony or any misdemeanor and whether any disciplinary action
was taken against the licensee by any regulatory or licensing board
in this or any other state, subsequent to the licensee's last
renewal.
(b) If the certificate is not renewed within 30 days after its
expiration, the certificate holder, as a condition precedent to
renewal, shall also pay the delinquency fee set forth in Section
163.5. Renewal under this section shall be effective on the date on
which the renewal fee is paid, or on the date on which the
delinquency fee, if any, is paid, whichever last occurs. If so
renewed, the certificate shall continue in effect through the date
provided in Section 8024 which next occurs after the effective date
of the renewal, when it shall expire if it is not again renewed.
The certificate shall not be renewed if the certificate holder has
failed to pay monetary sanctions identified in subdivision (g) of
Section 8025.
SEC. 18.
SEC. 30. Section 8027 of the Business and Professions Code
is amended to read:
8027. (a) As used in this section, "school" means a court
reporter training program or an institution that provides a course of
instruction approved by the board and the Bureau for Private
Postsecondary and Vocational Education, is a public school in this
state, or is accredited by the Western Association of Schools and
Colleges.
(b) A court reporting school shall be primarily organized to train
students for the practice of shorthand reporting, as defined in
Sections 8016 and 8017. Its educational program shall be on the
postsecondary or collegiate level. It shall be legally organized and
authorized to conduct its program under all applicable laws of the
state, and shall conform to and offer all components of the minimum
prescribed course of study established by the board. Its records
shall be kept and shall be maintained in a manner to render them safe
from theft, fire, or other loss. The records shall indicate
positive daily and clock-hour attendance of each student for all
classes, apprenticeship and graduation reports, high school
transcripts or the equivalent or self-certification of high school
graduation or the equivalent, transcripts of other education, and
student progress to date, including all progress and counseling
reports.
(c) Any school intending to offer a program in court reporting
shall notify the board within 30 days of the date on which it
provides notice to, or seeks approval from, the California Department
of Education, the Bureau for Private Postsecondary and Vocational
Education, the Chancellor's Office of the California Community
Colleges, or the Western Association of Schools and Colleges,
whichever is applicable. The board shall review the proposed
curriculum and provide the school tentative approval, or notice of
denial, within 60 days of receipt of the notice. The school shall
apply for provisional recognition pursuant to subdivision (d) within
no more than one year from the date it begins offering court
reporting classes.
(d) The board may grant provisional recognition to a new court
reporting school upon satisfactory evidence that it has met all of
the provisions of subdivision (b) and this subdivision. Recognition
may be granted by the board to a provisionally recognized school
after it has been in continuous operation for a period of no less
than three consecutive years from the date provisional recognition
was granted, during which period the school shall provide
satisfactory evidence that at least one person has successfully
completed the entire course of study established by the board and
complied with the provisions of Section 8020, and has been issued a
certificate to practice shorthand reporting as defined in Sections
8016 and 8017. The board may, for good cause shown, extend the
three-year provisional recognition period for not more than one year.
Failure to meet the provisions and terms of this section shall
require the board to deny recognition. Once granted, recognition may
be withdrawn by the board for failure to comply with all applicable
laws and regulations.
(e) Application for recognition of a court reporting school shall
be made upon a form prescribed by the board and shall be accompanied
by all evidence, statements, or documents requested. Each branch,
extension center, or off-campus facility requires separate
application.
(f) All recognized and provisionally recognized court reporting
schools shall notify the board of any change in school name, address,
telephone number, responsible court reporting program manager, owner
of private schools, and the effective date thereof, within 30 days
of the change. All of these notifications shall be made in writing.
(g) A school shall notify the board in writing immediately of the
discontinuance or pending discontinuance of its court reporting
program or any of the program's components. Within two years of the
date this notice is sent to the board, the school shall discontinue
its court reporting program in its entirety. The board may, for good
cause shown, grant not more than two one-year extensions of this
period to a school. If a student is to be enrolled after this notice
is sent to the board, a school shall disclose to the student the
fact of the discontinuance or pending discontinuance of its court
reporting program or any of its program components.
(h) The board shall maintain a roster of currently recognized and
provisionally recognized court reporting schools, including, but not
limited to, the name, address, telephone number, and the name of the
responsible court reporting program manager of each school.
(i) The board shall maintain statistics that display the number
and passing percentage of all first-time examinees, including, but
not limited to, those qualified by each recognized or provisionally
recognized school and those first-time examinees qualified by other
methods as defined in Section 8020.
(j) Inspections and investigations shall be conducted by the board
as necessary to carry out this section, including, but not limited
to, unannounced site visits.
(k) All recognized and provisionally recognized schools shall
print in their school or course catalog the name, address, and
telephone number of the board. At a minimum, the information shall
be in 8-point bold type and include the following statement:
"IN ORDER FOR A PERSON TO QUALIFY FROM A SCHOOL TO TAKE THE STATE
LICENSING EXAMINATION, THE PERSON SHALL COMPLETE A PROGRAM AT A
RECOGNIZED SCHOOL. FOR INFORMATION CONCERNING THE MINIMUM
REQUIREMENTS THAT A COURT REPORTING PROGRAM MUST MEET IN ORDER TO BE
RECOGNIZED, CONTACT: THE COURT REPORTERS BOARD OF CALIFORNIA;
(ADDRESS); (TELEPHONE NUMBER)."
(l) Each court reporting school shall file with the board, not
later than June 30 of each year, a current school catalog that shows
all course offerings and staff, and for private schools, the owner,
except that where there have been no changes to the catalog within
the previous year, no catalog need be sent. In addition, each school
shall also file with the board a statement certifying whether the
school is in compliance with all statutes and the rules and
regulations of the board, signed by the responsible court reporting
program manager.
(m) A school offering court reporting may not make any written or
verbal claims of employment opportunities or potential earnings
unless those claims are based on verified data and reflect current
employment conditions.
(n) If a school offers a course of instruction that exceeds the
board's minimum requirements, the school shall disclose orally and in
writing the board's minimum requirements and how the course of
instruction differs from those criteria. The school shall make this
disclosure before a prospective student executes an agreement
obligating that person to pay any money to the school for the course
of instruction. The school shall also make this disclosure to all
students enrolled on January 1, 2002.
(o) Private and public schools shall provide each prospective
student with all of the following and have the prospective student
sign a document that shall become part of that individual's permanent
record, acknowledging receipt of each item:
(1) A student consumer information brochure published by the
board.
(2) A list of the school's graduation requirements, including the
number of tests, the pass point of each test, the speed of each test,
and the type of test, such as jury charge or literary.
(3) A list of requirements to qualify for the state certified
shorthand reporter licensing examination, including the number of
tests, the pass point of each test, the speed of each test, and the
type of test, such as jury charge or literary, if different than
those requirements listed in paragraph (2).
(4) A copy of the school's board-approved benchmarks for
satisfactory progress as identified in subdivision (u).
(5) A report showing the number of students from the school who
qualified for each of the certified shorthand reporter licensing
examinations within the preceding two years, the number of those
students that passed each examination, the time, as of the date of
qualification, that each student was enrolled in court reporting
school, and the placement rate for all students that passed each
examination.
(6) On and after January 1, 2005, the school shall also provide to
prospective students the number of hours each currently enrolled
student who has qualified to take the next licensing test, exclusive
of transfer students, has attended court reporting classes.
(p) All enrolled students shall have the information in
subdivisions (n) and (o) on file no later than June 30, 2005.
(q) Public schools shall provide the information in subdivisions
(n) and (o) to each new student the first day he or she attends
theory or machine speed class, if it was not provided previously.
(r) Each enrolled student shall be provided written notification
of any change in qualification or graduation requirements that is
being implemented due to the requirements of any one of the school's
oversight agencies. This notice shall be provided to each affected
student at least 30 days before the effective date of the change and
shall state the new requirement and the name, address, and telephone
number of the agency that is requiring it of the school. Each
student shall initial and date a document acknowledging receipt of
that information and that document, or a copy thereof, shall be made
part of the student's permanent file.
(s) Schools shall make available a comprehensive final examination
in each academic subject to any student desiring to challenge an
academic class in order to obtain credit towards certification for
the state licensing examination. The points required to pass a
challenge examination shall not be higher than the minimum points
required of other students completing the academic class.
(t) An individual serving as a teacher, instructor, or reader
shall meet the qualifications specified by regulation for his or her
position.
(u) Each school shall provide a substitute teacher or instructor
for any class for which the teacher or instructor is absent for two
consecutive days or more.
(v) The board has the authority to approve or disapprove
benchmarks for satisfactory progress which each school shall develop
for its court reporting program. Schools shall use only
board-approved benchmarks to comply with the provisions of paragraph
(4) of subdivision (o) and subdivision (u).
(w) Each school shall counsel each student a minimum of one time
within each 12-month period to identify the level of attendance and
progress, and the prognosis for completing the requirements to become
eligible to sit for the state licensing examination. If the student
has not progressed in accordance with the board-approved benchmarks
for that school, the student shall be counseled a minimum of one
additional time within that same 12-month period.
(x) The school shall provide to the board, for each student
qualifying through the school as eligible to sit for the state
licensing examination, the number of hours the student attended court
reporting classes, both academic and machine speed classes,
including theory.
(y) The pass rate of first-time exam takers for each school
offering court reporting shall meet or exceed the average pass rate
of all first-time test takers for a majority of examinations given
for the preceding three years. Failure to do so shall require the
board to conduct a review of the program. In addition, the board may
place the school on probation and may withdraw recognition if the
school continues to place below the above described standard on the
two exams that follow the three-year period.
(z) A school shall not require more than one 10-minute qualifying
examination, as defined in the regulations of the board, for a
student to be eligible to sit for the state certification
examination.
(aa) A school shall provide the board the actual number of hours
of attendance for each applicant the school qualifies for the state
licensing examination.
(bb) The board shall, by December 1, 2001, do the following by
regulation as necessary:
(1) Establish the format that shall be used by schools to report
tracking of all attendance hours and actual timeframes for completed
coursework.
(2) Require schools to provide a minimum of 10 hours of live
dictation class each school week for every full-time student.
(3) Require schools to provide students with the opportunity to
read back from their stenographic notes a minimum of one time each
day to his or her instructor.
(4) Require schools to provide students with the opportunity to
practice with a school-approved speed-building tape, or other
assigned material, a minimum of one hour per day after school hours
as a homework assignment and provide the notes from this tape to
their instructor the following day for review.
(5) Develop standardization of policies on the use and
administration of qualifier examinations by schools.
(6) Define
qualifier exam as follows: the qualifier exam shall consist of
4-voice testimony of 10-minute duration at 200 wpm, graded at 97.5
percent accuracy, and in accordance with the guidelines followed by
the board. Schools shall be required to date and number each
qualifier and announce the date and number to the students at the
time of administering the qualifier. All qualifiers shall indicate
the actual dictation time of the test and the school shall catalog
and maintain the qualifier for a period of not less than three years
for the purpose of inspection by the board.
(7) Require schools to develop a program to provide students with
the opportunity to interact with professional court reporters to
provide skill support, mentoring, or counseling which they can
document at least quarterly.
(8) Define qualifications and educational requirements required of
instructors and readers that read test material and qualifiers.
(cc) The board shall adopt regulations to implement the
requirements of this section not later than September 1, 2002.
(dd) The board may recover costs for any additional expenses
incurred under the enactment amending this section in the 2001-02
Regular Session of the Legislature pursuant to its fee authority in
Section 8031.
SEC. 31. Section 8764 of the Business and Professions Code is
amended to read:
8764. The record of survey shall show the applicable provisions
of the following consistent with the purpose of the survey:
(a) All monuments found, set, reset, replaced, or removed,
describing their kind, size, and location, and giving other data
relating thereto.
(b) Bearing or witness monuments, basis of bearings, bearing and
length of lines, scale of map, and north arrow.
(c) Name and legal designation of the property in which the survey
is located, and the date or time period of the survey.
(d) The relationship to those portions of adjacent tracts,
streets, or senior conveyances which have common lines with the
survey.
(e) Memorandum of oaths.
(f) Statements required by Section 8764.5.
(g) Any other data necessary for the intelligent interpretation of
the various items and locations of the points, lines, and areas
shown, or convenient for the identification of the survey or
surveyor, as may be determined by the civil engineer or land surveyor
preparing the record of survey.
The record of survey shall also show, either graphically or by
note, the reason or reasons, if any, why the mandatory filing
provisions of subdivisions (a) to (e)
paragraphs (1) to (5) , inclusive, of subdivision (b)
of Section 8762 apply.
The record of survey need not consist of a survey of an entire
property.
SEC. 32. Section 22575 of the Business and Professions Code is
amended to read:
22575. (a) An operator of a commercial Web site or online service
that collects personally identifiable information through the
Internet about individual consumers residing in California who use
or visit its commercial Web site or online service shall
conspicuously post its privacy policy on its Web site, or in the case
of an operator of an online service, make that policy available in
accordance with paragraph (5) of subdivision (b) of Section
22578 22577 . An operator shall be in violation
of this subdivision only if the operator fails to post its policy
within 30 days after being notified of noncompliance.
(b) The privacy policy required by subdivision (a) shall do all of
the following:
(1) Identify the categories of personally identifiable information
that the operator collects through the Web site or online service
about individual consumers who use or visit its commercial Web site
or online service and the categories of third-party persons or
entities with whom the operator may share that personally
identifiable information.
(2) If the operator maintains a process for an individual consumer
who uses or visits its commercial Web site or online service to
review and request changes to any of his or her personally
identifiable information that is collected through the Web site or
online service, provide a description of that process.
(3) Describe the process by which the operator notifies consumers
who use or visit its commercial Web site or online service of
material changes to the operator's privacy policy for that Web site
or online service.
(4) Identify its effective date.
SEC. 33. Section 9148.8 of the Government Code is amended to read:
9148.8. (a) The Committee on Rules of either house of
the Legislature Joint Committee on Boards,
Commissions, and Consumer Protection , acting pursuant to a
request from the chairperson of the appropriate policy committee,
may direct the Joint Committee on Boards, Commissions, and
Consumer Protection to shall evaluate a plan
prepared pursuant to Section 9148.4 or 9148.6.
(b) Evaluations prepared by the Joint Committee on Boards,
Commissions, and Consumer Protection pursuant to this section shall
be provided to the respective Committee on Rules and the
policy and fiscal committees of the Legislature pursuant to
rules adopted by each committee for this purpose.
SEC. 34. Section 11521 of the Government Code is amended to read:
11521. (a) The agency itself may order a reconsideration of all
or part of the case on its own motion or on petition of any party.
The agency shall notify a petitioner of the time limits for
petitioning for reconsideration. The power to order a
reconsideration shall expire 30 days after the delivery or mailing of
a decision to respondent, or on the date set by the agency itself as
the effective date of the decision if that date occurs prior to the
expiration of the 30-day period or at the termination of a stay of
not to exceed 30 days which the agency may grant for the purpose of
filing an application for reconsideration. If additional time is
needed to evaluate a petition for reconsideration filed prior to the
expiration of any of the applicable periods, an agency may grant a
stay of that expiration for no more than 10 days, solely for the
purpose of considering the petition. If no action is taken on a
petition within the time allowed for ordering reconsideration, the
petition shall be deemed denied.
(b) The case may be reconsidered by the agency itself on all the
pertinent parts of the record and such additional evidence and
argument as may be permitted, or may be assigned to an administrative
law judge. A reconsideration assigned to an administrative law
judge shall be subject to the procedure provided in Section 11517.
If oral evidence is introduced before the agency itself, no agency
member may vote unless he or she heard the evidence.
SEC. 35. Section 25159.12 of the Health and Safety Code is amended
to read:
25159.12. For purposes of this article, the following definitions
apply:
(a) "Annulus" means the space between the outside edge of the
injection tube and the well casing.
(b) "State board" means the State Water Resources Control Board.
(c) "Compatibility" means that waste constituents do not react
with each other, with the materials constituting the injection well,
or with fluids or solid geologic media in the injection zone or
confining zone in such a manner as to cause leaching, precipitation
of solids, gas or pressure buildup, dissolution, or any other effect
which will impair the effectiveness of the confining zone or the
safe operation of the injection well.
(d) "Confining zone" means the geological formation, or part of a
formation, which is intended to be a barrier to prevent the
migration of waste constituents from the injection zone.
(e) "Constituent" means an element, chemical, compound, or mixture
of compounds which is a component of a hazardous waste or leachate
and which has the physical or chemical properties that cause the
waste to be identified as hazardous waste by the department pursuant
to this chapter.
(f) "Discharge" means to place, inject, dispose of, or store
hazardous wastes into, or in, an injection well owned or operated by
the person who is conducting the placing, disposal, or storage.
(g) "Drinking water" has the same meaning as "potential source of
drinking water," as defined in subdivision (s)
(t) of Section 25208.2.
(h) "Facility" means the structures, appurtenances, and
improvements on the land, and all contiguous land, which are
associated with an injection well, which are used for treating,
storing, or disposing of hazardous waste. A facility may consist of
several waste management units, including, but not limited to,
surface impoundments, landfills, underground or aboveground tanks,
sumps, pits, ponds, and lagoons, which are associated with an
injection well.
(i) "Groundwater" means water, including, but not limited to,
drinking water, below the land surface in a zone of saturation.
(j) "Hazardous waste" means any hazardous waste specified as
hazardous waste or extremely hazardous waste, as defined in this
chapter. Any waste mixture formed by mixing any waste or substance
with a hazardous waste shall be considered hazardous waste for the
purposes of this article.
(k) "Hazardous waste facilities permit" means a permit issued for
an injection well pursuant to Sections 25200 and 25200.6.
(l) "Injection well" or "well" means any bored, drilled, or driven
shaft, dug pit, or hole in the ground whose depth is greater than
the circumference of the bored hole and any associated subsurface
appurtenances, including, but not limited to, the casing. For the
purposes of this article, injection well does not include either of
the following:
(1) Wells exempted pursuant to Section 25159.24.
(2) Wells which are regulated by the Division of Oil and Gas in
the Department of Conservation pursuant to Division 3 (commencing
with Section 3000) of the Public Resources Code and Subpart F of Part
147 of Title 40 of the Code of Federal Regulations and are in
compliance with that division and Subpart A (commencing with Section
146.1) of Subchapter D of Chapter 1 of Title 40 of the Code of
Federal Regulations.
(m) "Injection zone" means that portion of the receiving formation
which has received, is receiving, or is expected to receive, over
the lifetime of the well, waste fluid from the injection well.
"Injection zone" does not include that portion of the receiving
formation which exceeds the horizontal and vertical extent specified
pursuant to Section 25159.20.
(n) "Owner" means a person who owns a facility or part of a
facility.
(o) "Perched water" means a localized body of groundwater that
overlies, and is hydraulically separated from, an underlying body of
groundwater.
(p) "pH" means a measure of a sample's acidity expressed as a
negative logarithm of the hydrogen ion concentration.
(q) "Qualified person" means a person who has at least five years
of full-time experience in hydrogeology and who is a
registered professional geologist registered
pursuant to Section 7850 of the Business and Professions Code, or a
registered petroleum engineer registered pursuant to Section 6762 of
the Business and Professions Code. "Full-time experience" in
hydrogeology may include a combination of postgraduate studies in
hydrogeology and work experience, with each year of postgraduate work
counted as one year of full-time work experience, except that not
more than three years of postgraduate studies may be counted as
full-time experience.
(r) "Receiving formation" means the geologic strata which
that are hydraulically connected to the
injection well.
(s) "Regional board" means the California regional water quality
control board for the region in which the injection well is located.
(t) "Report" means the hydrogeological assessment report specified
in Section 25179.7.
(u) "Safe Drinking Water Act" means Subchapter XII (commencing
with Section 300f) of Chapter 6A of Title 42 of the United States
Code.
(v) "Strata" means a distinctive layer or series of layers of
earth materials.
(w) "Waste management unit" means that portion of a facility used
for the discharge of hazardous waste into or onto land, including all
containment and monitoring equipment associated with that portion of
the facility.
SEC. 36. Section 25208.2 of the Health and Safety Code is amended
to read:
25208.2. For purposes of this article, the following definitions
apply:
(a) "Active life of the facility" means that period of time when
the facility has the potential to adversely affect the waters of the
state, but if the owner enters into an agreement with the board to
properly close the impoundment on a specified date, the active life
of the facility means that period of time up to that specified date.
(b) "Background water quality" means the level of concentration of
indicator parameters in groundwater that is not, or has not been,
affected by any hazardous waste, hazardous waste constituent, or
hazardous waste leachate emanating from a particular waste management
unit.
(c) "Board" or "state board" means the State Water Resources
Control Board.
(d) "Close the impoundment" means the permanent termination of all
hazardous waste discharge operations at a waste management unit and
any operations necessary to prepare that waste management unit for
postclosure maintenance which are conducted pursuant to the federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901
et seq.), and the regulations adopted by the state board and the
department concerning the closure of surface impoundments.
(e) "Constituent" means an element, chemical compound, or mixture
of compounds which is a component of a hazardous waste or leachate
and which has the physical or chemical properties that cause the
waste to be identified as hazardous waste by the department.
(f) "Discharge" means to place, dispose of, or store liquid
hazardous wastes or hazardous wastes containing free liquids into or
in a surface impoundment owned or operated by the person who is
conducting the placing, disposal, or storage.
(g) "Emergency containment dike" means a berm which is located
around a tank solely for the purpose of containing any emergency
spills from the tank and which does not contain any liquid hazardous
waste or hazardous wastes containing free liquids for longer than 48
hours.
(h) "Facility" means the structures, appurtenances, and
improvements on the land, and all contiguous land, which are used for
treating, storing, or disposing of hazardous waste. A facility may
consist of several waste management units.
(i) "Free liquids" means liquids which readily separate from the
solid portion of a hazardous waste under ambient temperature and
pressure.
(j) "Groundwater" means water below the land surface in a zone of
saturation.
(k) "Hazardous waste" means a waste that is a hazardous waste, as
specified in this chapter.
(l) "Indicator parameters" means the measureable physical or
chemical characteristics in groundwater or soil-pore moisture which
are likely to be affected by hazardous waste disposal operations and
which are used, for comparison purposes, to assess the result of
hazardous waste disposal operations at a particular waste management
unit on the waters of the state.
(m) "Landfill" means a facility or part of a facility where
hazardous waste is placed in or on land for disposal and which is not
a land farm, surface impoundment, or an injection well.
(n) "Leachate" means any fluid, including any constituents in the
liquid, that has percolated through, migrated from, or drained from,
a hazardous waste management unit.
(o) "Owner" means a person who owns a facility or part of a
facility.
(p) "Perched water" means a localized body of groundwater that
overlies, and is hydraulically separated from, an underlying body of
groundwater.
(q) "pH" means a measure of a sample's acidity expressed as a
negative logarithm of the hydrogen ion concentration.
(r) "Pile" means any noncontainerized accumulation of solid,
nonflowing hazardous waste which is used for the purpose of treatment
or storage.
(s) "Pollution" has the same meaning as defined in Section 13050
of the Water Code.
(t) "Potential source of drinking water" means either water which
is identified or designated in a water quality control plan adopted
by a regional board as being suitable for domestic or municipal uses
and which is potable, or water which is located in water-bearing
strata which is an underground source of drinking water, as defined
in Section 146.3 of Title 40 of the Code of Federal Regulations, and
which is not an exempted acquifer, as defined in Section 146.4 of
Title 40 of the Code of Federal Regulations.
(u) "Qualified person" means a person who has at least five years
of full-time experience in hydrogeology and who is a certified
engineering geologist certified pursuant to Section 7842 of the
Business and Professions Code, a registered
professional geologist registered pursuant to Section 7850 of
the Business and Professions Code, or a registered civil engineer
registered pursuant to Section 6762 of the Business and Professions
Code. "Full-time experience" in hydrogeology may include a
combination of postgraduate studies in hydrogeology and work
experience, with each year of postgraduate work counted as one year
of full-time work experience, except that not more than three years
of postgraduate studies may be counted as full-time experience.
(v) "Regional board" means the California regional water quality
control board for the region in which the surface impoundment is
located.
(w) "Report" means the hydrogeological assessment report specified
in Section 25208.8.
(x) "Surface impoundment" or "impoundment" means a waste
management unit or part of a waste management unit which is a natural
topographic depression, artificial excavation, or diked area formed
primarily of earthen materials, although it may be lined with
artificial materials, which is designed to hold an accumulation of
liquid hazardous wastes or hazardous wastes containing free liquids,
including, but not limited to, holding, storage, settling, or
aeration pits, evaporation ponds, percolation ponds, other ponds, and
lagoons. Surface impoundment does not include a landfill, a land
farm, a pile, emergency containment dike, tank, or an injection well.
(y) "Tank" means a stationary device, designed to contain an
accumulation of hazardous waste, which is constructed primarily of
nonearthen materials such as fiberglass, steel, or plastic to provide
structural support, and which has been issued a permit pursuant to
Section 25283.
(z) "Vadose zone" means the zone between the land surface and the
water table.
(aa) "Waste management unit" means that portion of a facility used
for the discharge of hazardous waste into or onto land, including
all containment and monitoring equipment associated with that portion
of the facility.
SEC. 37. Section 662 of the Public Resources Code is amended to
read:
662. (a) One member of the board shall be a registered
professional geologist with background and
experience in mining geology; one member shall be a mining engineer
with background and experience in mining minerals in California; one
member shall have background and experience in groundwater hydrology,
water quality, and rock chemistry; one member shall be a
representative of local government with background and experience in
urban planning; one member shall have background and experience in
the field of environmental protection or the study of ecosystems; one
member shall be a registered professional
geologist, registered geophysicist, registered civil engineer,
or registered structural engineer with background and experience in
seismology; one member shall be a landscape architect with background
and experience in soil conservation or revegetation of disturbed
soils; one member shall have background and experience in mineral
resource conservation, development, and utilization; and one member
shall not be required to have specialized experience.
(b) All members of the board shall represent the general public
interest, but not more than one-third of the members at any one time
may be currently employed by, or receive more than 25 percent of
their annual income, not to exceed $25,000 a year per member, from an
entity that owns or operates a mine in California. The
representative of local government shall not be considered an
employee of an entity that owns or operates a mine if the lead agency
employing the representative owns or operates a mine. For purposes
of this section, retirement or other benefits paid by a mining entity
to an individual who is no longer employed by that entity are not
considered to be compensation, if those benefits were earned prior to
the date the individual terminated his or her employment with the
entity.
(c) If a member of the board determines that he or she has a
conflict of interest on a particular matter before the board pursuant
to subdivision (b) or Section 663, he or she shall provide the clerk
of the board with a brief written explanation of the basis for the
conflict of interest, which shall become a part of the public record
of the board. The written explanation shall be delivered prior to
the time the matter to which it pertains is voted on by the board.
This disclosure requirement is in addition to any other
conflict-of-interest disclosure requirement imposed by law.
SEC. 38. Section 13273 of the Water Code is amended to read:
13273. (a) The state board shall, on or before January 1, 1986,
rank all solid waste disposal sites, as defined in paragraph (5) of
subdivision (i) of Section 41805.5 of the Health and Safety Code,
based upon the threat they may pose to water quality. On or before
July 1, 1987, the operators of the first 150 solid waste disposal
sites ranked on the list shall submit a solid waste water quality
assessment test to the appropriate regional board for its examination
pursuant to subdivision (d). On or before July 1 of each succeeding
year, the operators of the next 150 solid waste disposal sites
ranked on the list shall submit a solid waste water quality
assessment test to the appropriate regional board for its examination
pursuant to subdivision (d).
(b) Before a solid waste water quality assessment test report may
be submitted to the regional board, a registered
professional geologist, registered pursuant to Section
7850 of the Business and Professions Code, a certified engineering
geologist, certified pursuant to Section 7842 of the Business and
Professions Code, or a civil engineer registered pursuant to Section
6762 of the Business and Professions Code, who has at least five
years' experience in groundwater hydrology, shall certify that the
report contains all of the following information and any other
information which the state board may, by regulation, require:
(1) An analysis of the surface and groundwater on, under, and
within one mile of the solid waste disposal site to provide a
reliable indication whether there is any leakage of hazardous waste.
(2) A chemical characterization of the soil-pore liquid in those
areas which are likely to be affected if the solid waste disposal
site is leaking, as compared to geologically similar areas near the
solid waste disposal site which have not been affected by leakage or
waste discharge.
(c) If the regional board determines that the information
specified in paragraph (1) or (2) is not needed because other
information demonstrates that hazardous wastes are migrating into the
water, the regional board may waive the requirement to submit this
information specified in paragraphs (1) and (2) of subdivision (b).
The regional board shall also notify the Department of Toxic
Substances Control, and shall take appropriate remedial action
pursuant to Chapter 5 (commencing with Section 13300).
(d) The regional board shall examine the report submitted pursuant
to subdivision (b) and determine whether the number, location, and
design of the wells and the soil testing could detect any leachate
buildup, leachate migration, or hazardous waste migration. If the
regional board determines that the monitoring program could detect
the leachate and hazardous waste, the regional board shall take the
action specified in subdivision (e). If the regional board
determines that the monitoring program was inadequate, the regional
board shall require the solid waste disposal site to correct the
monitoring program and resubmit the solid waste assessment test based
upon the results from the corrected monitoring program.
(e) The regional board shall examine the approved solid waste
assessment test report and determine whether any hazardous waste
migrated into the water. If the regional board determines that
hazardous waste has migrated into the water, it shall notify the
Department of Toxic Substances Control and the California Integrated
Waste Management Board and shall take appropriate remedial action
pursuant to Chapter 5 (commencing with Section 13300).
(f) When a regional board revises the waste discharge requirements
for a solid waste disposal site, the regional board shall consider
the information provided in the solid waste assessment test report
and any other relevant site-specific engineering data provided by the
site operator for that solid waste disposal site as part of a report
of waste discharge.