BILL ANALYSIS Ó AB 320 Page 1 ASSEMBLY THIRD READING AB 320 (Wood) As Amended April 23, 2015 Majority vote ------------------------------------------------------------------- |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 | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Prohibits a person from using the title "environmental engineer" unless the person is licensed by the Board for AB 320 Page 2 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." AB 320 Page 3 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. AB 320 Page 4 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 AB 320 Page 5 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 AB 320 Page 6 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