BILL ANALYSIS Ó
AB 320
Page 1
Date of Hearing: April 21, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 320
(Wood) - As Introduced February 13, 2015
SUBJECT: Engineers.
SUMMARY: 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
(BPELSG).
EXISTING LAW:
1)Establishes the Professional Engineers Act, administered by
the BPELSG, within the Department of Consumer Affairs (DCA),
which licenses and regulates professional engineers.
(Business and Professions Code (BPC) Section 6700 et seq.)
2)Defines "professional engineer" as a person engaged in the
professional practice of rendering service or creative work
requiring education, training, and experience in engineering
sciences and the application of special knowledge of the
mathematical, physical, and engineering sciences. (BPC
Section 6701)
AB 320
Page 2
3)Limits the practice of civil, electrical, or mechanical
engineering to appropriately licensed persons unless
specifically exempted. (BPC Section 6704)
4)Prevents anyone, other than a professional engineer licensed
by the BPELSG, from using the title: "professional engineer,"
"licensed engineer," "registered engineer," or "consulting
engineer," or any of the following branch titles:
"agricultural engineer," "chemical engineer," "civil
engineer," "control systems engineer," "electrical engineer,"
"fire protection engineer," industrial engineer," "mechanical
engineer," "metallurgical engineer," "nuclear engineer,"
"petroleum engineer," or "traffic engineer." (BPC Section
6732)
5)Directs the DCA, in conjunction with the BPELSG and the Joint
Committee on Boards, Commissions, and Consumer Protection, to
review the engineering branch titles specified in BPC Section
6732 to determine whether certain title acts should be
eliminated from this chapter, retained, or converted to
practice acts similar to civil, electrical, and mechanical
engineering, and whether supplemental engineering work should
be permitted for all branches of engineering and requires
contracting with an independent consulting firm to perform
this comprehensive analysis of title act registration.
Requires the BPELSG to reimburse the DCA for costs associated
with this comprehensive analysis, and requires the DCA to
report its findings and recommendations to the Legislature by
September 1, 2002. (BPC 6704.1)
6)Mandates that the protection of the public to be the highest
priority for the BPELSG in exercising its licensing,
regulatory, and disciplinary functions. (BPC 6710.1)
AB 320
Page 3
7)Gives authority to the BPELSG to define by regulation the
scope of each branch of professional engineering other than
civil, mechanical, and electrical. (BPC 6717).
8)Makes it a misdemeanor for a person to represent himself or
herself as, or use the title of, "professional engineer,"
"licensed engineer," "registered engineer," or the branch
titles specified in BPC Section 6732. (BPC 6787)
THIS BILL:
1)Inserts "environmental engineer" into the list of branch
titles protected under the Professional Engineers Act.
2)Makes certain legislative findings and declarations.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
1)Purpose. This bill is sponsored by the Professional Engineers
in California Government . According to the author, "With the
proliferation of the teaching and practice of environmental
engineering, it is necessary to recognize and regulate
environmental engineers with their own title act since the
profession is currently not listed under the Business and
Professions Code. Currently, an environmental engineer is
licensed as a civil, electrical, or mechanical engineer and
uses the principles of engineering, soil science, biology, and
chemistry to develop solutions to address environmental
problems. AB 320 would create an environmental engineer title
AB 320
Page 4
act that would license and regulate environmental engineers.
The profession is involved in efforts to improve recycling,
waste disposal, public health, and water and air pollution
control that would ensure the safety of the public."
2)Background. The BPELSG was originally created in the late
1920s and charged with licensing civil and structural
engineers. In 1947, engineers in the branches of chemical,
electrical, mechanical, and petroleum engineering were given
title protection. In 1967, electrical and mechanical
engineering changed from title act registrations to practice
act registrations, and the Legislature added two new title
disciplines: metallurgical and industrial engineering. In
1968, a bill was passed by the Legislature which authorized
the creation of new title acts to the BPELSG.
During the early seventies, the BPELSG received petitions from
persons representing the branches of aerospace, agriculture,
air pollution, communication, control system, corrosion,
environmental, fire protection, manufacturing, nuclear,
quality, safety, and traffic engineering. Hearings were held,
and all petitions were approved except for the petitions of
air pollution, aerospace, communication, and environmental
engineers.
In 1985, BPC Section 6732 was amended to codify the existing
engineering disciplines into the Professional Engineers Act,
thereby recognizing them by statute rather than by regulation.
In 2004, SB 364 (Figueroa) Chapter 789, Statute of 2003,
discontinued licensing for manufacturing engineering.
Currently, there are nine remaining title acts: agricultural,
chemical, control systems, fire protection, industrial,
metallurgical, nuclear, petroleum and traffic engineering.
Practice Acts. Currently, the BPESLG regulates and licenses
the practice of civil, electrical, and mechanical engineering
and the subspecialties of geotechnical and structural
engineering. The BPELSG regulates the actual practice of the
field, and the use of these titles without a license is a
AB 320
Page 5
misdemeanor. The BPELSG has the authority to pursue action
against persons practicing in these fields regardless of
license status.
Title Acts. As noted above, there are presently nine
remaining title acts. To have title act protection, the
BPELSG has the authority to monitor and pursue those persons
using the title of one of the respected specialties without a
license. However, the practice of these specialties in not
regulated, and nothing prevents a person from practicing in
one of these fields. Because of this, the enforcement
authority of the BPELSG is limited to a person using the title
without a license.
Effect of This Bill. This bill would prohibit a person, who
is not licensed as an environmental engineer, from using the
title, "environmental engineer" or from representing himself
or herself as an environmental engineer. As such, any use of
the title "environmental engineer" in any law (statute,
regulation, ordinance, etc.) would be interpreted as referring
to a person who is licensed. Therefore, if a state agency
were to enact a law that required reports to be submitted by
an environmental engineer, then it would mean that only a
person licensed as an environmental engineer by the BPELSG
could submit such reports. It would be more questionable
whether a local agency could enact such a law because BPC
Section 460 prohibits a local agency from preventing someone
from performing work that they are legally authorized to do.
Since anyone would be able to practice or perform
environmental engineering (because only the title would be
restricted), there would be a question as to whether or not a
local agency could require someone with a license to do the
work. However, because persons would be prohibited from
representing themselves as an environmental engineer,
unlicensed persons may be prohibited from performing that work
or applying to do that work.
AB 320
Page 6
Currently, the only reference to an "environmental engineer"
is found in the Health and Safety Code Section 40420. In this
section, the statute lists an environmental engineer as a
potential candidate for position on the Air Pollution Control
Board for the South Coast District. While there is potential
that future legislation could require a licensed environmental
engineer, this bill does not appear to have negative impact on
engineers presently working in environmental engineering.
Subsequent legislation would presumably be crafted with the
knowledge that this specialty exists and that legislation
would specifically indicate that a licensed environmental
engineer is required.
Education. There are presently several recognized
environmental engineering programs in California including
Humboldt State University, California Polytechnic State
University, and Stanford University. California Polytechnic
State University has graduated between forty and fifty
students with degrees in environmental engineering for each of
the last four years. Humboldt State University has graduated
between thirty and fifty students with degrees in
environmental engineering. While a degree in engineering is
not required for licensure, education is considering in
meeting the necessary experience requirements. Under the
present system, graduates from these programs typically follow
the licensure path for civil or chemical engineering.
Other States. Forty-eight states presently license
environmental engineers in some capacity. However, only six
states - Alaska, Hawaii, Nebraska, Nevada, Massachusetts, and
Rhode Island - have discipline-specific licensing similar to
California. Most states license qualified persons as
professional engineers and limit their practice to their
fields of competency like environmental engineering. Most
utilize the National Council of Examiners for Engineering and
Surveying to administer the environmental engineering
AB 320
Page 7
licensing examination for the state. California and Hawaii do
not offer licensure in this field.
Other Pathways for Certification. There also exists a peer
organization that certifies persons that are licensed on a
state level as environmental engineers. The American Academy
of Environmental Engineers and Scientists certifies qualified
licensed Professional Engineers recommended by peers in their
field of specialty as Board Certified Environmental Engineers
through certification procedures including oral and written
examinations and review of the applicant's work in
environmental engineering. According to a BPELSG member, this
type of certification is favorably recognized in the field.
POLICY ISSUES FOR CONSIDERATION:
Limited Enforcement. Considering this bill only offers title
protection, the author might consider working with the BPELSG to
ascertain if the public is being put at risk. If public safety
is at issue, as is stated in the author's intent language, then
consideration might be given to placing this field into a
Practice Act so that the BPELSG has the enforcement authority to
regulate the practice of environmental engineering. Adding
environmental engineering to the branch titles only prevents the
use of the title. If the BPELSG was to find a person in
violation of using the title, there is no authority for the
BPELSG to stop the person from working as an environmental
engineer.
Overlap Between Title Act and Practice Act. Another
consideration involves the problem that would be created with
overlap between a title act and a practice act that could
interfere with the practice of environmental engineering. The
practice of civil engineering is defined by statute (BPC Section
6731 and 6737.1). For example, the design of wastewater
AB 320
Page 8
treatment facilities falls within the jurisdiction of civil
engineering. If an environmental engineering licensed were to
be created, this type of project would be excluded from
environmental engineering even though it seems to logically fit
in this field. As discussed above, many professional engineers
practicing environmental engineering follow the civil
engineering path to licensure.
Conforming Changes. The author may also consider whether it is
necessary to make conforming changes to the Health and Safety
Code referenced above relating to the Air Pollution Control
Board.
Exempting Licensed Engineers. While there are no current
exemptions to the title acts, the author may consider whether
providing an exemption that currently licensed professional
engineers can use the title, "environmental engineer." An
exemption may assuage the concerns of currently licensed civil
and chemical engineers that are engaged in the practice of
environmental engineer would not negatively impacted by this
bill.
ARGUMENTS IN SUPPORT:
Professional Engineers in California Government (sponsors) write
a letter in support, and notes, "Over the past few decades, the
study and practice of environmental engineering has expanded
greatly throughout the nation. Despite leading the way in
environmental remediation programs, the State of California is
an anomaly in that it does not currently offer a pathway for
licensure of environmental engineers. Many colleges in
California have accredited environmental engineering programs
and thousands of California engineers currently provide
essential services to all levels of government, private
industry, and the public."
AB 320
Page 9
ARGUMENTS IN OPPOSITION:
Board for Professional Engineers, Land Surveyors, and Geologists
writes a letter in opposition, and cited, "AB 320 will not
prevent a person from practicing environmental engineering; it
will only prevent a person from using the title, "Environmental
Engineer." The legislative intent provision in AB 320 indicates
it is necessary for public protection to "regulate the
profession." However, this bill would not regulate the
profession; it will only restrict a person from the use of the
title. For the last 20 years, the Board has held the position
that restricting only the title without also regulating the
associated practice does not provide sufficient public
protection. The Board reconfirmed this positon in voting to
oppose AB 320."
AMENDMENTS:
On page 3, line 34, before the word "It" add the following
subdivision: (a)
On page 4, line 7, before "SEC 3," add the following
subdivision: (b) Notwithstanding subdivision (a), a professional
engineer licensed as a civil, electrical, or mechanical engineer
may use the title, environmental engineer.
REGISTERED SUPPORT:
AB 320
Page 10
Professional Engineers in California Government (sponsor)
REGISTERED OPPOSITION:
Board for Professional Engineers, Land Surveyors, and Geologists
Analysis Prepared by:Christian Jagusch / B. & P. / (916)
319-3301