BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 152| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 152 Author: Roth (D) Amended: 8/8/13 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 COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 35-1, 4/22/13 AYES: Beall, Berryhill, Block, Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Price, Roth, Steinberg, Wolk, Wright, Wyland, Yee NOES: Anderson NO VOTE RECORDED: Galgiani, Walters, Vacancy, Vacancy ASSEMBLY FLOOR : 57-19, 8/12/13 - See last page for vote SUBJECT : Licensed professionals: engineers: geologists: geophysicists SOURCE : Board for Professional Engineers, Land Surveyors, and Geologists CONTINUED SB 152 Page 2 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. Assembly Amendments double-joint this bill with SB 822 (Senate Business, Professions and Economic Development Committee). ANALYSIS : 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 (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 CONTINUED SB 152 Page 3 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 $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. 3. Double-joints this bill with SB 822 (Senate Business, Professions and Economic Development Committee). Background Written contracts . Geologists and geophysicists are the only licensed profession that does not require written contracts for CONTINUED SB 152 Page 4 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. 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. CONTINUED SB 152 Page 5 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 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 8/12/13) 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 CONTINUED SB 152 Page 6 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 granted temporary authority to practice better serves that purpose. ASSEMBLY FLOOR : 57-19, 8/12/13 AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Hall, Roger Hernández, Holden, Jones-Sawyer, Levine, Linder, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez NOES: Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Beth Gaines, Grove, Harkey, Jones, Logue, Maienschein, Mansoor, Melendez, Morrell, Patterson, Wagner, Waldron, Wilk NO VOTE RECORDED: Achadjian, Hagman, Vacancy, Vacancy MW:k 8/13/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 152 Page 7 CONTINUED