BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 152|
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THIRD READING
Bill No: SB 152
Author: Roth (D)
Amended: 4/8/13
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 8-1, 4/1/13
AYES: Price, Block, Corbett, Hernandez, Hill, Padilla, Wyland,
Yee
NOES: Galgiani
NO VOTE RECORDED: Emmerson
SENATE APPROPRIATIONS COMM : Senate Rule 28.8
SUBJECT : Licensed professionals: engineers: geologists:
geophysicists
SOURCE : Board for Professional Engineers, Land Surveyors,
and Geologists
DIGEST : This bill repeals the provision for a temporary
authorization to practice engineering, geology or geophysics in
California; and requires a geologist or geophysicist to use a
written contract when providing geological or geophysical
services.
ANALYSIS :
Existing law:
1. Licenses and regulates professional engineers, land
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surveyors, geologists and geophysicists by the Board for
Professional Engineers, Land Surveyors, and Geologists
(Board) within the Department of Consumer Affairs (DCA).
2. Regulates, under the Professional Engineers 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.
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.
4. Provides for a temporary authorization to practice
engineering for a specific project upon application, payment
of a specified fee for a period of not more than 180 days, if
the applicant meets certain requirements.
5. Authorizes the Board to investigate and discipline a license
or temporary authorization to practice professional
engineering. Authorizes the Board to establish fees, as
specified, including a fee for temporary authorization of not
more than 25% of the application fee.
6. Regulates, under the Geologist and Geophysicist Act, the
practice of geology and geophysics and provides that any
person registered as a geologist or geophysicist by the Board
may perform work under that registration in California.
7. 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.
8. Authorizes the Board to investigate and discipline a license
or temporary authorization to practice geology or geophysics.
Authorizes the Board to establish fees, as specified,
including a fee for temporary authorization of not more than
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$80.
9. 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.
10.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.
This bill:
1. Repeals the provision for a temporary authorization to
practice engineering, geology or geophysics in California and
makes conforming changes.
2. 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.
Background
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
DCA, 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 brings the practice of geology and geophysics in line with
the other licensed design and construction professions in
California.
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Temporary authorizations . 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 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, seven 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 Business and Professions Code Section
8753, which related to temporary authorization to practice as a
professional land surveyor, was repealed in 2005.
Comments
According to the author's office, 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
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/12/13)
Board for Professional Engineers, Land Surveyors, and Geologists
(source)
American Society of Civil Engineers, Region 9
ARGUMENTS IN SUPPORT : The bill's sponsor, the Board for
Professional Engineers, Land Surveyors, and Geologists, 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."
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."
The American Society of Civil Engineers, Region 9 believes 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
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granted temporary authority to practice better serves that
purpose.
MW:k 4/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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