BILL ANALYSIS �
SB 152
Page 1
Date of Hearing: June 11, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
SB 152 (Roth) - As Amended: April 8, 2013
SENATE VOTE : 35-1
SUBJECT : Licensed professionals: engineers: geologists:
geophysicists.
SUMMARY : Deletes the current provisions allowing a temporary
authorization to practice engineering, geology, and geophysics,
and requires the use of a written contract when contracting to
provide geological or geophysical services as specified.
Specifically, this bill :
1)Repeals the authority of the Board for Professional Engineers,
Land Surveyors and Geologists (Board) to issue a temporary
authorization to practice engineering, as specified.
2)Repeals the authority of the Board to issue a temporary
authorization to practice geology and geophysics, as
specified.
3)Requires a geologist or geophysicist to use a written contract
when contracting for geological or geophysical services, and
requires the contract to be executed prior to the work
commencing unless the client states otherwise in writing.
4)Requires the written contract for geographical or geophysical
services to include the following:
a) A description of the services to be provided to the
client by the geologist or geophysicist;
b) A description of any basis of compensation applicable to
the contract and the method of payment agreed upon by the
parties;
c) The name, address and license or certificate number of
the geologist or geophysicist and the name and address of
the client;
SB 152
Page 2
d) A description of the procedure the geologist,
geophysicist and the client will use to accommodate
additional services; and,
e) A description of the procedure to be used by any party
to terminate the contract.
5)Provides an exemption to the written contract requirement for
any of the following circumstances:
a) Geologic or geophysical services rendered by a geologist
or geophysicist for which the client will not pay
compensation;
b) A geologist or geophysicist who has a current or prior
contractual relationship with the client to provide
geologic or geophysical services and who has already been
paid the fees that are due under the contract by the
client;
c) If the client executes a waiver in writing after full
disclosure as specified, that a contract is not required;
or,
d) Geological or geophysical services rendered by a
geologist or geophysicist to any of the following:
i) A licensed geologist or geophysicist;
ii) A licensed engineer;
iii) A licensed land surveyor;
iv) A licensed architect;
v) A licensed contractor; or,
vi) A public agency.
6)Specifies that a "written contract" includes a contract in
electronic form.
7)Makes other technical and clarifying changes.
8)States that no reimbursement is required by this bill pursuant
SB 152
Page 3
to Section 6 of Article XIIIB of the California Constitution
because the only costs that may be incurred by a local agency
or a school district will be incurred because this bill
creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction
within the meaning of Section 17556 of the Government Code, or
changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
EXISTING LAW :
1)Licenses and regulates professional engineers, land surveyors,
geologists and geophysicists by the Board within the
Department of Consumer Affairs (DCA). Business and
Professions Code (BPC) Section 6700, et al)
2)Requires a professional engineer to use a written contract
containing specified elements when contracting to provide
professional engineering services to a client as specified and
provides for specific exemptions to the contract requirements.
(BPC 6749)
3)Permits the Board to issue a temporary authorization to
practice engineering for a specific project, and requires an
applicant for the temporary authorization to meet the
following requirements:
a) Does not maintain a place of business in California;
b) Is legally qualified to practice the 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 his or her knowledge to practice in a specified
branch of engineering.
d) Takes and passes the examination on state laws and
regulations; and,
e) Notifies the Board in writing of his or her intention to
practice including the specific details about the project
and the duration of the project which is not to exceed 180
days from the commencement of the project. (BPC 6760)
SB 152
Page 4
4)Establishes the Geologist and Geophysicist Act and regulates
those professions under the Board. (BPC 7800 et. al)
5)Permits the Board to issue a temporary authorization for the
practice of geology or geophysics or a certified specialty of
geology or geophysics and requires an applicant for the
temporary authorization to meet the following requirements:
a) Does not maintain a place of business in California;
b) Is legally qualified to practice the branch of geology
in the state or country where he or she maintains a place
of business;
c) Appears before the Board or a committee appointed by the
Board, and demonstrates satisfactory evidence of his or her
knowledge to practice in a specified branch of geology;
and,
d) If the applicant demonstrates that the completion of the
project for which the authorization is granted will require
more than 60 consecutive calendar days, the Board may
extend the authorization not to exceed a total of 120 days.
(BPC 7848, 7848.1)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill would repeal the Board's
current authority to issue a temporary authorization to
out-of-state licensees to practice geology, geophysics or
engineering in the state of California in order to ensure that
those professionals have sufficient knowledge of California's
unique seismic issues. In addition, this bill requires
geologists and geophysicists to execute a written contract,
similar to that currently required of engineers, prior to
performing work in order to better protect consumers from
unfair contracting or billing practices. This bill is
sponsored by the Board.
2)Author's statement . According to the author, "Temporary
authorizations [for the practice of engineering, geology or
geophysics] can pose a risk to the health and safety of the
consumers of California because individuals [who] are not
SB 152
Page 5
licensed in California may not be familiar with the terrain,
soils or seismic [issues] that are specific to California.
Currently, there is no statutory requirement that professional
geologists or geophysicists execute written contracts with
their clients [as do] professional engineers and land
surveyors [which] the board believes that the written
contracts are beneficial to both the consumer and the
licensee."
3)Temporary authorization . The Board does not currently issue
temporary licenses, but it does allow certain out-of-state
licensees to obtain a temporary authorization to practice in
California. The temporary authorization allows an engineer,
geologist, or geophysicists to work in California for a
specified amount of time, up to 180 days for an engineer and
up to 60 consecutive days for a geologist or geophysicist,
with the possibility of a 60 day extension.
An applicant for a temporary authorization must submit an
application and supporting document, and is required to appear
before the Board to demonstrate their competency and
understanding of their specialty branch of engineering or
geology and geophysics. The Board members may question
applicants about the details of the specific project they will
be working on or their overall experience to date, but issues
related to California's unique seismic issues may be
overlooked.
The situations that might require a temporary authorization
include a case where a large, national engineering firm may
decide, on short notice, to use a particular out-of-state
licensee with specialized relevant experience. According to
the Board, since 1995 there have been 40 temporary
authorizations granted for engineers. Of those 40 temporary
authorizations, 20 individuals became licensed in California
and 7 individuals failed the California licensing examination.
There has been only one instance of the Board granting a
temporary license to a geologist in 2012.
The Board also has limited disciplinary recourse against a
temporary authorization. While BPC 6775 provides the Board
with the authority to take administrative or disciplinary
action (revocation or suspension) against a temporary
authorization, by the time the Board is notified of a problem,
and goes through the investigatory and disciplinary process,
SB 152
Page 6
the temporary authorization time period would likely have
ended and the out-of-state practitioner would have returned to
his or her home state, making it both difficult and perhaps
pointless to pursue disciplinary action.
According to the sponsors, doing away with temporary
authorization in favor of requiring professionals to take and
pass a standardized exam necessary for licensure is a more
appropriate way of measuring a particular licensee's ability.
It will also ensure that engineering and geosciences
professionals practicing in this state have sufficient
knowledge about California's soil, terrain and seismic issues.
In practice, it will also give the Board greater disciplinary
power over the licensee.
4)Contracts . Under current law, a number of professions
regulated by DCA, including professional engineers, land
surveyors, contractors, and architects are required to use
written contracts when contracting to provide professional
services. A written contract can help protect the consumer
and the professional by ensuring that both parties have a
clear understanding of the services that will be provided, as
well as clarifying the terms of the contract and helping to
ensure fair pricing.
This bill would put the geology and geophysics professions on
par with other DCA regulated professions, and even some of
those already regulated by the Board. ABX4 20 (Audra
Strickland), Chapter 18, Statutes of 2009 eliminated the Board
for Geologists and Geophysicists and transferred all of its
duties, powers, purposes, responsibilities, and jurisdiction
to regulate the practices of geology and geophysics to the
Board for Professional Engineers and Land Surveyors - but did
not harmonize all of the provisions for each profession. This
bill would impose uniform requirements for the contracts of
all the professional licensees regulated by the Board.
5)Arguments in support . The Board writes in support, "[This
bill] addresses the problem that currently there is no
statutory requirement for professional geologists and
geophysicists to execute written contracts with their clients
SB 152
Page 7
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. [This bill] also addresses the problem
of temporary authorizations being issued to out-of-state
engineers, geologists and geophysicists to work on a single
project in California who may not be familiar with the
terrain, soils, and seismic activity that are specific to
California."
6)Previous legislation . SB 543 (Steinberg and Price), Chapter
448, Statutes of 2011, extended the sunset dates for the Board
and 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,
eliminating the supplemental examination for structural
engineers, and establishing 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.
ABX4 20 (Audra Strickland), Chapter 18, Statutes of 2009, made
a number of consolidations related to the 2009-2010 State
Budget, including merging the Board of Geologists and
Geophysicists into 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.
REGISTERED SUPPORT / OPPOSITION :
Support
Board for Professional Engineers, Land Surveyors, and Geologists
SB 152
Page 8
(sponsor)
American Society of Civil Engineers Region 9
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301