BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 320 Hearing Date: July 6,
2015
-----------------------------------------------------------------
|Author: |Wood |
|----------+------------------------------------------------------|
|Version: |April 23, 2015 |
-----------------------------------------------------------------
----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Mark Mendoza |
|: | |
-----------------------------------------------------------------
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; allows existing licensed mechanical, civil, and
electrical engineers to hold themselves out as an "environmental
engineer" without obtaining additional qualifications.
Existing law:
1) Establishes the Professional Engineers Act (Act),
administered by the Board for Professional Engineers, Land
Surveyors, and Geologists (BPELSG), within the Department of
Consumer Affairs (DCA), which licenses and regulates
professional engineers. (Business and Professions Code (BPC)
§ 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 §
6701)
3) Limits the practice of civil, electrical, or mechanical
engineering to appropriately licensed persons unless
AB 320 (Wood) Page 2
of ?
specifically exempted. (BPC § 6704)
4) 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 § 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)
5) 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)
6) 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).
7) 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 § 6732)
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 § 6732. (BPC § 6787)
AB 320 (Wood) Page 3
of ?
This bill:
1) Inserts "environmental engineer" into the list of branch
titles protected under the Professional Engineers Act.
2) Permits existing licensed mechanical, civil, and electrical
engineers to hold themselves out as an "environmental
engineer" without obtaining additional qualifications.
3) Makes certain legislative findings and declarations.
FISCAL
EFFECT: This bill is keyed "fiscal" by Legislative Counsel.
According to the Assembly Appropriations' Committee analysis
dated May 6, 2015, this bill will result in:
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. The Professional Engineers in California Government
is the Sponsor of the bill. 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 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
AB 320 (Wood) Page 4
of ?
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 (Chapter 895, Statutes 1968) was passed by the
Legislature which authorized the creation of new title acts
by 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 particular, the Board denied the petition to grant an
"environmental engineer" title act because "the proponents
did not show to the satisfaction of the Board that
Environmental Engineering was a separate and distinct
discipline from that of the existing branches of engineering.
The testimony presented by the opponents clearly
demonstrated that much of the environmental engineering
presently performed is being done by registered chemical,
civil, electrical and mechanical engineers." However, in
light of environmental developments since the 1970's, it
appears environmental engineering has become more specialized
and more graduates are entering this specialized field.
In 1985, SB 1030 (Chapter 732, Statutes of 1985) amended BPC
§ 6732 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.
3. Title Act vs. Practice Act Protection. It is important to
AB 320 (Wood) Page 5
of ?
note the distinction between "title act" and certification or
registration regulation versus "practice act" and licensing
regulation. A practice act along with licensure confers the
exclusive right to practice a given profession on
practitioners who meet specified criteria related to
education, experience, and examination, and often is embodied
in a statutory licensing act (i.e., those who are not
licensed cannot lawfully practice the profession). A
practice act is the highest and most restrictive form of
professional regulation, and is intended to avert severe harm
to the public health, safety or welfare that could be caused
by unlicensed practitioners.
A title act and a certification or registration program, on
the other hand, reserves the use of a particular professional
(named) designation to practitioners who have demonstrated
specified education, experience or other criteria such as
certification by another organization. A title act typically
does not restrict the practice of a profession or occupation
and allows others to practice within that profession; it
merely differentiates between practitioners who meet the
specified criteria, and are authorized by law to represent
themselves accordingly (usually by a specified title) and
those who do not. Some title acts also include a state
certification or registration program, or reliance on a
national certification or registration program, so that those
who use the specified title, and hold themselves out to the
public, have been certified or registered by a state created
or national entity as having met the specified requirements.
This entity may also regulate to some extent the activities
of the particular profession by setting standards for the
profession to follow, and to also provide oversight of the
practice of the profession by reporting unfair business
practices or violations of the law and either denying or
revoking a certification or registration if necessary.
AB 320 does not establish a licensing practice act, but
instead provides for a title act. It restricts the use of
the title "environmental engineer" to only those who have met
certain education requirements.
4. Title Acts. As noted above in the existing law section,
there are presently nine remaining title acts. Since the
inception of title protection for certain engineers, four
AB 320 (Wood) Page 6
of ?
title acts have been eliminated (quality engineer, corrosion
engineer, manufacturing engineer, and safety engineer). 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. A
person still may call themselves an environmental
"consultant" or "specialist". Because of this, the
enforcement authority of the BPELSG is limited to a person
simply using the title without a license.
5. 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
misdemeanor. The BPELSG has the authority to pursue action
against persons practicing in these fields regardless of
license status.
6. Institutions and Programs Offering Degree's in Environmental
Engineering. Currently, 9 California institutions offer
degrees in environmental engineering. They include
California Polytechnic State University, San Luis Obispo,
California State University, Humboldt, California State
University, San Diego, University of California, Berkeley,
University of California, Irvine, University of California,
Merced, University of California, Riverside, University of
Southern California, and Stanford University. While there
are an unknown number of annual graduates from some schools,
the number typically ranged between 20 and 30 per
institution. Proponents argue that students graduating with
an environmental engineer degree deserve the ability to take
an exam to officially certify their educational competency.
7. National Standardized Examination. Standardized examination
materials have been developed by NCEES to test the competency
of environmental engineers. These examination materials
separately cover the fundamentals of engineering
(FE Environmental) and professional engineer competencies (PE
Environmental). NCEES is a peer association of state
engineering licensure agencies that developed standardized
examination materials through the use of hand-picked expert
AB 320 (Wood) Page 7
of ?
panels specific to each affected engineering discipline.
Standardized NCEES examinations are administered in
California by BPELSG.
8. Process for Licensure. With the creation of the
"environmental engineer" title act, BPELSG will first have to
define the practice of "environmental engineer" in
regulations. While practice acts are outlined in statute,
title acts are written in the regulations. Secondly, BPELSG
will have to figure out whether or not the national exam,
given by NCEES, is suitable to test a student's ability of
environmental engineering. More than likely, BPELSG will use
this exam. Lastly, an applicant will have to solicit an
application proving his or her educational qualifications and
qualifying experience. If BPELSG decides the applicant meets
the necessary requirements, BPELSG will then notify NCEES to
administer the exam to the applicant. Taking the exam is
contingent on the Board's approval. If the applicant passes
both the test and application requirements, they can then
call themselves an "environmental engineer". The new
licensee will receive both a certificate and pocket card from
the Board granting authorization to use this title.
9. Arguments in Support. The Professional Engineers in
California Government writes, "as programs of environmental
mitigation and protection continue to expand in scope and
complexity for our air, water, and soil - testing and
certification of environmental engineers is needed to
establish benchmarks for competency to help protect and
safeguard the public."
10.Arguments in Opposition. The American Council of Engineering
Companies opposes this bill and underscores that, "For
example, a title act Traffic Engineer can design the
signalization and arrangement of lanes in an intersection,
but a civil engineer must design and take responsible charge
for the civil layout and final grades, profiles and
construction details. By introducing an 'Environmental
Engineer' title act, there may be a similar overlap conflict
with some of the areas of practice mentioned in the findings;
i.e. solid waste management, water supply and treatment and
wastewater treatment. This certainly adds to the confusion
regarding to the limitations of title acts."
AB 320 (Wood) Page 8
of ?
The Board for Professional Engineers, Land Surveyors, and
Geologists writes a letter in opposition, noting that "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."
11.Current Legislation. AB 177 (Bonilla) currently 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. ( Status : This bill is currently being heard
on July 6, 2015 in this Committee).
12.Proposed Amendments. Since civil, mechanical, and electrical
engineers are not permitted to utilize a title act without
attaining additional qualifications, the Author should delete
the grandfather clause on page 4, lines 10-13.
SUPPORT AND OPPOSITION:
Support:
Professional Engineers in California Government (Sponsor)
Opposition:
American Council of Engineering Companies
Board for Professional Engineers, Land Surveyors, and Geologists
-- END --
AB 320 (Wood) Page 9
of ?