BILL ANALYSIS �
-----------------------------------------------------------------------
|Hearing Date: April 1, 2013 |Bill No:SB |
| |152 |
-----------------------------------------------------------------------
SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 152Author:Roth
As Amended:March 19, 2013 Fiscal:Yes
SUBJECT: Licensed professionals: engineers: geologists:
geophysicists.
SUMMARY: Repeals the provision for a temporary authorization to
practice engineering, geology or geophysics in California; requires a
geologist or geophysicist to use a written contract when providing
geological or geophysical services.
Existing law:
1)Licenses and regulates professional engineers, land surveyors,
geologists and geophysicists by the Board for Professional
Engineers, Land Surveyors, and Geologists (Board) within the
Department of Consumer Affairs.
2)Regulates, under the Professional Engineers Act (Engineering Act),
three branches of engineering as "practice acts" (civil, mechanical,
and electrical), nine branches of engineering as "title acts"
(agricultural, chemical, control system, fire protection,
industrial, metallurgical, nuclear, petroleum, and traffic), and two
"title authorities" (structural and soil). Any person registered
under a practice act by the Board may perform engineering work in
California. (Business and Professions Code (BPC) � 6700, ff.)
3)Requires a professional engineer to use a written contract containing
specified elements when providing engineering services to a client,
and provides specific exemptions from the contract requirement.
(BPC � 6749)
4)Provides for a temporary authorization to practice engineering for a
SB 152
Page 2
specific project upon application, payment of a specified fee for a
period of not more than 180 days, if the applicant meets certain
requirements: (BPC � 6760)
a) Does not maintain a place of business in California.
b) Is legally qualified to practice in that branch of engineering
in the state or country where he or she maintains a place of
business.
c) Appears before the Board and demonstrates satisfactory
evidence of the knowledge to practice in that branch of
engineering.
d) Passes an examination on state laws and regulations.
e) Submits written notification to the Board of the intention to
practice, and specific details about the date and duration of the
project.
5)Authorizes the Board to investigate and discipline a license or
temporary authorization to practice professional engineering. (BPC
� 6775)
6)Authorizes the Board to establish fees, as specified, including a fee
for temporary authorization of not more than 25% of the application
fee. (BPC � 6799)
7)Regulates the practice of geology and geophysics under the Geologist
and Geophysicist Act, and provides that any person registered as a
geologist or geophysicist by the Board may perform work under that
registration in California. (BPC � 7800, ff.)
8)Provides for a temporary authorization to practice geology or
geophysics for a specific project upon application, payment of a
specified fee for a period of not more than 60 consecutive days in a
year, if the applicant meets certain requirements: (BPC �� 7848,
7848.1)
a) Does not maintain a place of business in California.
b) Is legally qualified to practice geology or geophysics in the
state or country where he or she maintains a place of business.
c) Appears before the Board or a Board committee and demonstrates
satisfactory evidence of the knowledge to practice in that phase
SB 152
Page 3
of geology or geophysics.
d) If the applicant demonstrates that the specific project will
require more than 60 consecutive calendar days, the Board may
extend the authorization period up to a total of 120 days.
9)Authorizes the Board to investigate and discipline a license or
temporary authorization to practice geology or geophysics. (BPC �
7860)
10)Authorizes the Board to establish fees, as specified, including a
fee for temporary authorization of not more than $80. (BPC � 7887)
11)Regulates the practice of land surveying under the Professional Land
Surveyors Act, and provides that a land surveyor licensed by the
Board may perform land surveying work in California. (BPC � 8700
ff.)
12)Requires a licensed land surveyor to use a written contract
containing specified elements when providing land surveying services
to a client, and provides specific exemptions from the contract
requirement. (BPC � 8759)
This bill:
1)Repeals the provision for a temporary authorization to practice
engineering in California and makes conforming changes.
2)Repeals the provision for a temporary authorization to practice
geology or geophysics in California and makes conforming changes.
3)Requires a geologist or geophysicist to use a written contract
containing specified elements when providing geological or
geophysical services to a client, and provides specific exemptions
from the contract requirement.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1.Purpose. This bill is Sponsored by the Board for Professional
Engineers, Land Surveyors, and Geologists (Board) to establish
statutory provisions to require geologists and geophysicists to use
written contracts.
SB 152
Page 4
According to the Author, professional engineers and land surveyors use
written contracts with clients when providing professional services.
The Board believes that written contracts are beneficial to both
the consumer and the licensee. Currently there is not a statutory
requirement that professional geologists and geophysicists execute
written contracts with their clients prior to performing services.
The Board indicates that temporary authorizations can pose a risk to
the health and safety of the consumers of California because
individuals not licensed in California may not be familiar with the
terrain, soils, and seismic activity that are specific to
California, according to the Board. The Board also believes there
is no apparent benefit to California consumers to allow temporary
authorizations.
2.Background.
a. Written Contracts . Geologists and Geophysicists are the only
licensed profession that does not require written contracts for
the performance of services. Written contracts protect all
parties in complex transactions and ensure fair contracting and
billing practices.
All other design and building professionals regulated by the
Department of Consumer Affairs, including architects,
contractors, engineers and land surveyors, have written contract
requirements. Written contracts enhance protection of consumers
by ensuring fair contracting and billing practices. They also
protect the profession by ensuring that both parties understand
the essential terms of a professional contract.
By requiring geologists and geophysicists to use a written contract
when providing professional services to a client, this bill would
bring the practice of geology and geophysics in line with the
other licensed design and construction professions in California.
b. Temporary Authorization . Temporary authorizations allow
individuals who are not licensed in California to perform
engineering and geological work in the State. The Board does not
grant temporary licenses; however, the law does provide for the
Board to grant temporary authorization for an individual licensed
in another state to work on a specific job in California. To
obtain a temporary authorization the person must apply and pay
the fee, and personally appear before the board to demonstrate
that they have the knowledge to practice in the area relating to
that project. Engineer applicants must take and pass a take-home
SB 152
Page 5
examination and provide detailed information about the specific
project for the Board to review. An engineering temporary
authorization is for 180 days, and for geology and geophysics, a
temporary authorization is for 60 days and may be extended by the
Board to 120 days for the calendar year.
According to the Board, since 1995, there have been 40 engineering
temporary authorizations granted. Of that number, 20 went on to
become licensed in California, 7 failed the licensing
examination, and 13 did not apply for a California license. The
Board states that it has a record of only one temporary
authorization being granted for a geologist in 2012, and that
applicant later received a California license. Board staff
states that they do not have any knowledge of a temporary
authorization ever being granted for geophysics in California.
The Board states that BPC � 8753, which related to temporary
authorization to practice as a professional land surveyor, was
repealed in 2005.
3.Temporary Authorization - Consumer Protection. There is a question
of the ability of the Board to protect consumers through its
investigatory and disciplinary process if there are problems with an
out of state licensee practicing under temporary authorization.
Temporary authorizations are for a specific project and for a
limited timeframe (not more than 180 days for engineers, and 60 to
120 days for geologists and geophysicists), and it does not appear
that the Board has any agreements with other states to take action
when a licensee from that state violates the law while practicing
under temporary authorization in California.
It is noted that California law gives the Board the authority to
investigate and discipline a temporary authorization, but any
protection under that authority may be illusory. The temporary
authorization only lasts for a short period of time, and any
investigation or disciplinary action by the board would typically
come after the expiration of the temporary authorization. It would
appear that the Board would have no real ability to take any action
in such a case.
The Board states: "There is also less accountability for an individual
with a temporary authorization for their work. If they are not
licensed in California and do not reside in this state, it can be
difficult locating the individual and securing their cooperation, if
necessary, after the temporary work has been completed."
SB 152
Page 6
4.Related Legislation.
SB 543 (Steinberg and Price, Chapter 448, Statutes of 2011) extended
the inoperative and repeal dates (sunset dates) of the Board as well
as for several other regulatory boards from January 1, 2012 to
January 1, 2016, and made several updates to the regulatory law,
including requiring fingerprinting of new licensees, eliminates the
supplemental, California specific examination for structural
engineers, and establishes the Geology and Geophysics Account within
the Professional Engineer's and Land Surveyor's Fund.
AB 1431 (Hill, Chapter 696, Statutes of 2010) renamed the Board for
Professional Engineers and Land Surveyors, to become the Board for
Professional Engineers, Land Surveyors and Geologists, and increased
the Board membership from 13 to 15 by adding a licensed geologist or
geophysicist to the Board, and one public member.
AB X4 20 (Strickland, Chapter 18, Statutes of 2009) made a number of
consolidations related to the 2009-2010 State Budget, including
consolidating the Board of Geologists and Geophysicists with the
Board for Professional Engineers and Land Surveyors.
SB 228 (Figueroa, Chapter 657, Statutes of 2005), among other
things, extended the sunset date for the Board, and made various
changes to the licensing law. This bill also repealed BPC � 8735,
the temporary authorization for a land surveyor licensed in another
state to practice land surveying on a specific project in
California.
5.Arguments in Support. In sponsoring the bill, the Board for
Professional Engineers, Land Surveyors, and Geologists (Board)
states:
"SB 152 directly addresses the problem that currently there is
no statutory requirement for professional geologists and
geophysicists to execute written contracts with their clients
prior to performing work. Professional engineers and land
surveyors are required to use written contracts and the Board
believes that written contracts are beneficial to both the
consumer and licensee. SB 152 also addresses the problem of
temporary authorizations being issued to out-of-state
engineers, geologists and geophysicists to work on a project
in California who may not be familiar with the terrain, soils,
and seismic activity that are specific to California. There
is also less accountability for an individual working with a
temporary authorization for their work."
SB 152
Page 7
The Board additionally argues that authorizing individuals from
other states to perform civil engineering and geological work in
California could limit the work available for the State's own
licensees. "This can have an economic impact on the licensees in
this state. California licensees should have every opportunity to
contract for work in California without having to compete with an
individual not licensed in this state to do the work."
American Society of Civil Engineers, Region 9 supports the bill,
arguing that engineers who have been rigorously trained and tested
in accordance with State law better serve the public, and that
eliminating the authority of non-state licensed engineers to be
granted temporary authority to practice better serves that purpose.
6.Conforming Amendment. In repealing the temporary authorization
provisions, this bill deletes the temporary authorization fee for
engineering, but it does not delete the temporary authorization fee
for geology and geophysics. Committee staff recommends a
corresponding conforming amendment to delete the temporary
authorization fee for geology and geophysics in paragraph (d) of
Section 7887.
SUPPORT AND OPPOSITION:
Support:
Board for Professional Engineers, Land Surveyors, and Geologists
(Sponsor)
American Society of Civil Engineers, Region 9
Opposition:
None received as of March 26, 2013
Consultant:G. V. Ayers
SB 152
Page 8