BILL ANALYSIS Ó
AB 320
Page 1
ASSEMBLY THIRD READING
AB
320 (Wood)
As Amended April 23, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Business & |14-0 |Bonilla, Jones, Baker, | |
|Professions | |Bloom, Campos, Chang, | |
| | |Dodd, Eggman, Gatto, | |
| | |Holden, Mullin, Ting, | |
| | |Wilk, Wood | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Prohibits a person from using the title "environmental
engineer" unless the person is licensed by the Board for
AB 320
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Professional Engineers, Land Surveyors, and Geologists (BPELSG).
Specifically, this bill,
1)Inserts "environmental engineer" into the list of branch titles
protected under the Professional Engineers Act.
2)Authorizes a professional engineer licensed as a civil,
electrical, or mechanical engineer, to use the title
"environmental engineer" without obtaining additional
qualifications.
3)Makes certain legislative findings and declarations.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, one-time costs in the range of $60,000 to $150,000 to
BPELSG (special funds) to perform an occupational analysis.
Actual costs will depend on whether the study is performed through
the Department of Consumer Affairs' Office of Examination Services
or through a private vendor.
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 (BPC). 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
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."
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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.
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The BPELSG regulates the actual practice of the field, and the
use of these titles without a license is a 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.
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
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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 40 and 50 students with degrees in
environmental engineering for each of the last four years.
Humboldt State University has graduated between 30 and 50
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 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
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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.
Analysis Prepared by:
Eunie Linden / B. & P. / (916) 319-3301 FN: 0000348