BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 177 Hearing Date: July 6,
2015
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|Author: |Bonilla |
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|Version: |June 30, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Mark Mendoza |
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Subject: Professions and vocations: licensing boards:
authority: extension.
SUMMARY: Extends the sunset date for the Board for Professional
Engineers, Land Surveyors, and Geologists, the California
Architects Board, and the Landscape Architects Technical
Committee until January 1, 2020.
Existing law:
1)Establishes the California Architects Board (CAB) within the
Department of Consumer Affairs (DCA), which licenses and
regulates professional architects under the Architects
Practice Act. (BPC § 5500 et seq.)
2)Establishes the Landscape Architects Technical Committee
(LATC), under the CAB, which licenses and regulates landscape
architects. (BPC § 5615 et seq.)
3)Establishes the Professional Engineers Act, administered by
the Board for Professional Engineers, Land Surveyors, and
Geologists (BPELSG), within the DCA, which licenses and
regulates professional engineers. (BPC § 6700 et seq.)
4)Creates the BPELSG within the DCA and extends the operation of
the BPELSG until January 1, 2016. (Business and Professions
Code (BPC) § 6710)
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5)Defines the Professional Engineer's and Land Surveyor's Fund
as a single special fund. (BPC § 6797; 8800)
6)Establishes the Geologist and Geophysicists Act, administered
by the BPELSG, within the DCA, which licenses and regulates
professional geologists and geophysicists. (BPC § 7800 et
seq.)
7)Defines the Geology and Geophysicists Account within the
Professional Engineers and Land Surveyors Fund. (BPC §§
7885-7886)
8)Establishes the Land Surveyor's Act, administered by the
BPELSG, within the DCA, which licenses and regulates the
practice of land surveying. (BPC § 8700 et seq.)
This bill:
1)Extends the sunset date for the BPELSG, CAB, and the LATC from
January 1, 2016 to January 1, 2020.
2)Creates the Professional Engineers, Land Surveyors, and
Geologists Fund by merging the Geology and Geophysics Account
with the Professional Engineers and Land Surveyors Fund, as
specified.
3)Gives the BPELSG the authority to discipline a licensee for
failure to respond to a written request or information from
the BPELSG stemming from complaint investigation.
4)Clarifies that the written contract requirement for a licensee
must contain a provision for both party's ability to
terminate and the procedure for termination of a contract.
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5)Gives the BPELSG the ability to develop the education
standards for licensure as a geologist, geophysicist, or a
geologist-in-training.
6)Adds a sunset date to the specific section regarding failure
to respond.
7)Makes other technical and clarifying changes.
FISCAL
EFFECT: This bill is keyed "fiscal" by Legislative Counsel.
According to the Assembly Appropriations Committee dated May 13,
2015, this bill will result in:
1)On-going annual Special Fund costs of approximately $9.6
million (Professional Engineer's and Land Surveyor's Fund) and
$1.4 million (Geology and Geophysics Account) to extend the
BPELSG beyond the January 1, 2016, sunset date. This fund is
self-supporting with fee revenue.
2)On-going annual Special Fund costs of approximately $3.9
million (California Architects Board Fund) to extend the CAB
beyond the January 1, 2016, sunset date. This fund is
self-supporting with fee revenue.
3)On-going annual Special Fund costs of approximately $1.0
million (Landscape Architects Fund) to extend the LATC beyond
the January 1, 2016, sunset date. This fund is self-supporting
with fee revenue.
COMMENTS:
1. Purpose. The Author is the Sponsor of this bill. According
to the Author, "This bill is necessary to ensure that
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consumers continue to be protected through the ongoing
licensure and regulation of architects, landscape architects,
engineers, land surveyors, and geologists."
2. Oversight Hearings and Sunset Review of Licensing Boards and
Programs. In 2015, the Senate Business, Professions and
Economic Development Committee and the Assembly Business and
Professions Committee (Committees) conducted joint oversight
hearings to review 12 regulatory entities: California
Accountancy Board; California Architects Board and Landscape
Architects Committee; California State Athletic Commission;
Board of Barbering and Cosmetology; Cemetery and Funeral
Bureau; Contractors State License Board; Dental Board of
California; Board for Professional Engineers, Land Surveyors
and Geologists; Board of Registered Nursing; Bureau of
Security and Investigative Services; and Board of Vocational
Nursing and Psychiatric Technicians.
The Committees began their review of the aforementioned
licensing agencies in March and conducted two days of
hearings. This bill and the accompanying sunset bills are
intended to implement legislative changes as recommended by
staff of the Committees and which are reflected in the
Background Papers prepared by Committee staff for each agency
and program reviewed by the Committees for this year.
In response to the recommendations in the background paper
and the sunset hearing, this bill extends the sunset date for
the BPELSG, the CAB, and the LATC from January 1, 2016, to
January 1, 2020. This bill also incorporates proposed
changes to the function of the BPELSG that arose out of the
sunset review process including the merging of the Geology
and Geophysics Account with the Professional Engineers and
Land Surveyors Fund; giving the BPELSG the authority to
discipline a licensee for failure to respond to a requires
for information relating to a complaint investigation; and
providing clarification of the licensure requirements for
geologist.
3.Board for Professional Engineers, Land Surveyors, and
Geologists. The BPELSG is charged with safeguarding the
life, health, property, and public welfare by regulating the
practices of professional engineering, land surveying,
geology, and geophysics. The BPELSG provides this public
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service by qualifying and licensing individuals, establishing
regulations, enforcing laws and regulations, and providing
information so that consumers can make informed decisions.
The complexity of engineering, land surveying, geology, and
geophysics projects necessitates a very high degree of
technical knowledge and skill which is typically only
acquired after many years of experience. The vast majority
of licensed engineers hold a college degree in engineering.
Land surveyors make decisions and form opinions based upon
interpretation of legal documents, field evidence, and the
use of technically advanced instrumentation. Licensed
geologists and geophysicists often obtain post-secondary
degrees in earth sciences and devote many years of experience
studying and interpreting historical data related to soils,
earth dynamics, groundwater, and the effect those have on
public improvements.
4. Merging the Funds. During the 4th Extraordinary Session of
2009, the Legislature merged the Board for Professional
Engineers and Land Surveyors and the Board for Geologists and
Geophysicists, ABX4-20 (Strickland, Chapter 18, Statutes of
2009). At the time of the subsequent sunset review in 2012,
the recommendation was to keep the funds of each board
separate until the functions of the new board integrated.
Initially, the Licensing, Enforcement, and Administrative
units of the BPELSG had separate personnel for geologists and
geophysicists and for engineers and land surveyors.
Presently, the activities and staff of these units are
combined so each unit has authority to regulate all of the
professions under the BPELSG. Despite the merger of these
duties, funds are maintained separately as the Geology and
Geophysics Account within the Professional Engineers and Land
Surveyors Fund. By fiscal year 2015-16, the reserve in the
Geology and Geophysics account is predicted to reach a level
that would require a fee increase. The Professional Engineers
and Land Surveyors Fund is predicted to remain solvent. This
division of funds is the last remnant of the merger. This
bill would combine the accounts to enable the BPELSG to fully
integrate its operations and costs.
5. Enforcement Delays. One major issue raised in the sunset
review hearing that interferes with the expeditious
processing of a complaint is the lack of authority to require
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its licensees to respond to the Board or to provide documents
related to a project which the Enforcement Unit may request
during the course of a complaint investigation. One of the
reasons for delays in the processing of investigations has
been that staff gives the subject of the investigation ample
time and opportunities to respond and provide documents
during the investigation. However, what typically transpires
is that the licensed subjects often think that if they do not
respond, the complaint will simply be closed. While some
cases are closed due to lack of substantive information in
the complaint, this is unusual. In most cases, the BPELSG
must either proceed based on the information on file or must
expend additional time and resources such as referring the
case to the Division of Investigation within the DCA to
obtain the information. Often, if the BPELSG had received
this information in a timely fashion, the complaint could
have been resolved without any further action being pursued
against the licensee. Presently, the Contractors' State
License Board and the California Medical Board have the
authority to pursue disciplinary action against a licensee
who fails to respond to a request from an investigator in the
course of an enforcement action. This bill gives the BPELSG
the authority to initiate disciplinary action for a licensee
that fails to respond to a written request by an investigator
in the process of a complaint investigation.
6. Education Requirements for Geologists and Geophysicists.
During the sunset review process, the BPELSG identified a
concern relating to the licensure requirements for
geologists. Under the Geology and Geophysics Act, a
bachelor's degree in geology is required, however, the
necessary coursework to qualify for licensure within a
geology major it unclear. Presently, the narrow definition
of the education requirement of having graduated with a
degree in geology has created some confusion in applicants
looking for licensure. This results in an applicant being
denied a license because upon review of the coursework the
applicant has insufficient education in the field. The
BPELSG is examining how to better capture new graduates by
clarifying this section of the Geology and Geophysicists Act.
This bill authorizes the BPELSG to formulate the
requirements for licensure through regulation.
7. Written Contract Requirement. Presently, most of the
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regulated trade professions have the requirement that a
written contract be executed prior to performing professional
services. The language in the BPC provides a loophole that
according to the BPELSG has been used by licensees at the
potential detriment of consumers. Currently, the BPC
sections require that a contract include description of the
procedure to be used by any party to terminate the contract
rather than giving both parties the ability to terminate the
contract. This provision has resulted in some licensees
including only a provision giving the licensee the ability to
terminate. This bill would clarify that the licensee must
include language in a written contract about how both parties
can terminate the contract.
8. CAB and LATC. The CAB was created in 1901 by the Legislature
to fulfill the mission of protecting the health, safety, and
welfare of the public through the regulation of the practice
of architecture. The CAB establishes regulations for the
examination and licensing of the architecture profession in
California, which today numbers approximately 21,000 licensed
architects and approximately 11,000 candidates who are in the
process of meeting examination and licensure requirements.
The mission of the CAB is to protect the public health,
safety, and welfare through the regulation of the practice of
architecture and landscape architecture in California.
California began regulating the practice of landscape
architecture in 1953. The LATC, under the purview of the
CAB, was created by the Legislature to protect the health,
safety, and welfare of the public by establishing license
standards and enforcing the laws and regulations that govern
the practice of landscape architecture in California. The
LATC is responsible for the examination, licensure, and
enforcement programs concerning landscape architects. The
LATC currently licenses more than 3,500 of the over 16,400
licensed landscape architects in the United States. The
mission of the LATC is to regulate the practice of landscape
architecture in a manner which protects the public health,
safety, and welfare and safeguards the environment, as
specified.
In fulfilling their missions, the CAB and the LATC have found
that acting preventively and proactively is the best use of
its resources. Because of the nature of the design
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profession, there are numerous opportunities to prevent minor
problems from becoming disasters. As such, the CAB and the
LATC works to aggressively address issues well before they
exacerbate into catastrophes. In the CAB's Enforcement
Program, for example, this means cooperatively working with
building departments through the CAB's first-of-its-kind
Building Official Contact Program. The CAB and the LATC work
closely with professional groups to ensure that licensees
understand changes in laws, codes, and standards, and monitor
changes in industry and the environment to ensure licensure
and regulation reflect current needs. The CAB and the LATC
also invest in communicating with consumers, schools,
licensed professionals, and related professions and
organizations. To ensure the effectiveness of these
endeavors, the CAB and the LATC works to upgrade and enhance
its communications by constantly seeking feedback and
analyzing the results of its communications efforts.
9. Review of the CAB and LATC Issues. While the Committees
raised a number of issues relating to the CAB and the LATC,
none required any statutory changes. As a result, the only
change necessary was the extension of the CAB and the LATC
until January 1, 2020.
10.Related Legislation This Year. SB 465 (Hill) extends the
operation of the Contractors' State License Board until 2020
and makes various changes to the Contractors' State License
Law. ( Status: The bill is pending in the Assembly Committee
on Business and Professions.)
SB 466 (Hill) sunsets the Board of Registered Nursing.
( Status: The bill is pending in the Assembly Committee on
Business and Professions.)
SB 467 (Hill) extends the operation of the California Board
of Accountancy until 2020 and makes various changes in
regards to the DCA. ( Status: The bill is pending in the
Assembly Committee on Business and Professions.)
SB 468 (Hill) extends the operation of the Bureau of Security
and Investigative Services and the Alarm Company Act,
Locksmith Act, Private Investigator Act, Private Security
Services Act, Proprietary Security Services Act, and
Collateral Recovery Act until January 1, 2020. It also
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subjects the Bureau to review by the appropriate committees
of the Legislature and makes various changes to provisions in
the aforementioned Acts to improve the oversight, enforcement
and regulation by the Bureau of licensees under each Act.
( Status: The bill is pending in the Assembly Committee on
Business and Professions.)
SB 469 (Hill) extends the operation of the California State
Athletic Commission until January 1, 2020. Makes changes to
the laws governing the Commission's operations and the
Commission's oversight of professional and amateur boxing,
professional and amateur kickboxing, all forms and
combinations of full contact martial arts contests, including
mixed martial arts and matches or exhibitions conducted, held
or given in California. ( Status: The bill is pending in the
Assembly Committee on Business and Professions.)
AB 178 (Bonilla) extends the operation of the Board of
Vocational Nursing and Psychiatric Technicians until January
1, 2020. ( Status: The bill is pending in the Senate
Appropriations Committee.)
AB 179 (Bonilla) extends the operation of the Dental Board of
California until January 1, 2020. ( Status: The bill is also
set for a hearing before this Committee on July 6.)
AB 180 (Bonilla) extends the operation of the Cemetery and
Funeral Bureau until January 1, 2020. ( Status: The bill is
also set for a hearing before this Committee on July 6.)
AB 181 (Bonilla) extends the operation of the California
State Board of Barbering and Cosmetology (BBC) until January
1, 2020. Makes changes to the laws governing the Board's
regulation of barbers, cosmetologists, estheticians,
electrologists, manicurists, apprentices and establishments.
( Status: The bill is also set for a hearing before this
Committee on July 6.)
AB 320 (Wood) adds the title "environmental engineer" to the
list of professional engineers currently given Title Act
protection and prevents a person from using that title unless
licensed by the Board for Professional Engineers, Land
Surveyors, and Geologists. This bill also exempts licensed
civil, electrical, and mechanical engineers from additional
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qualifications to use the title, "environmental engineer."
( Status: The bill is also set for a hearing before this
Committee on July 6.)
11.Arguments in Support. The Board of Professional Engineers,
Land Surveyors, and Geologists writes, "AB 177 would merge
the Geology and Geophysics Account of the Professional
Engineer's and Land Surveyor's Fund into the fund, which
would be renamed the Professional Engineer's, Land Surveyor's
and Geologist's Fund. Additionally, AB 177 would add a much
needed cause for disciplinary action by the Board if a
licensee or certificate holder fails or refuses to respond to
a written request from a representative of the board to
cooperate in the investigation of a complaint against that
licensee or certificate holder."
The Professional Engineers in California Government
underscores that "continued licensure of these professional
are necessary to ensure ongoing public protection."
The California Council of the American Society of Landscape
Architects highlights that "the LATC has a strong record in
providing an appropriate balance between protecting the
interest of consumers and regulating the practice of
landscape architects through their licensing and regulatory
programs."
12.Arguments in Opposition. D. Wolley & Associates, Inc. writes
in opposition, underscoring that "Section 8780.2 is
overreaching and violates licensees' constitutional rights
and protections."
13.Technical Amendments. On page 8, line 29 of the bill, the
bill should read, "This section shall become operative on
July 1, 2017 2016." The Author has agreed to take this
technical amendment on the Senate Floor.
SUPPORT AND OPPOSITION:
Support:
Board of Professional Engineers, Land Surveyors, and Geologists
California Council of the American Society of Landscape
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Architects
California Land Surveyors Association
Professional Engineers in California Government
Opposition:
D. Wolley & Associates, Inc.
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