BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 320 (Wood) - Engineers
          
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          |Version: July 8, 2015           |Policy Vote: B., P. & E.D. 6 -  |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 17, 2015   |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 320 would extend title protection to "environmental  
          engineers", prohibiting anyone from calling themselves an  
          environmental engineer if they are not licensed by the Board for  
          Professional Engineers, Land Surveyors, and Geologists.


          Fiscal  
          Impact:  
           One-time costs less than $50,000 to develop regulations  
            defining environmental engineering (Professional Engineers and  
            Land Surveyors Fund).

           One-time costs of $60,000 to $150,000 for an occupational  
            analysis of environmental engineering to allow the Board to  
            delineate the scope of work for environmental engineers  
            (Professional Engineers and Land Surveyors Fund). The Board  
            indicates that costs would be lower if it determines that it  
            would be able to perform the analysis internally. However, if  
            the Board needs to contract for an external analysis, the  







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            costs would be at the upper end of the cost range.

           Potential one-time costs from $100,000 to $200,000 if the  
            Board needs to develop a new test for environmental engineers  
            (Professional Engineers and Land Surveyors Fund). Once the  
            Board has defined the scope of work for environmental  
            engineers, it will determine whether an existing national test  
            is an appropriate test of the scope of work for environmental  
            engineers. If the national test is not appropriate, the Board  
            will need to develop a California-specific test.

           Unknown costs to license environmental engineers by the Board  
            (Professional Engineers and Land Surveyors Fund). It is not  
            known how many individuals would seek title protection under  
            the bill, requiring the Board to issue a license. The costs to  
            issue additional licenses would be recovered through licensing  
            fees.

           Unknown increases in state employment costs (various funds).  
            Under the current civil service system, state employee  
            compensation depends in part on licensing status. By extending  
            title protection to environmental engineers, the bill is  
            likely to result in existing individuals who would seek such  
            licensure (e.g. individuals with an environmental engineering  
            or similar degree) applying for and receiving salary  
            increases. The extent of this impact is unknown, as it will  
            depend on the criteria adopted by the Board for title  
            protection as an environmental engineer and the number of  
            state employees who meet those criteria. For example, the  
            California Air Resources Board indicates that it employs  
            almost 200 individuals under the category of Air Resource  
            Engineers, many of whom have degrees in environmental  
            engineering or a related field. If 10% of those individuals  
            become eligible for a salary increase under the bill, costs to  
            the Air Resources Board would be between $130,000 and $260,000  
            per year.


          Background:  Under current law, the Board for Professional Engineers, Land  
          Surveyors, and Geologists has the responsibility for enforcing  
          both "practice act" requirements and "title act" requirements.
          Under the existing practice acts, the Board licenses civil  
          engineers, mechanical engineers, and electrical engineers. An  
          individual who has appropriate academic degree, several years'  








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          work experience, and who has passed an examination is eligible  
          for practice act licensure as a civil, mechanical, or electrical  
          engineer. The Board is responsible for issuing licenses and  
          regulating those professions, to ensure that licensees are  
          working within the statutory and regulatory requirements for  
          those professions and generally that the public is protected.


          Under existing title protection acts, the Board issues licenses  
          to a large number of individuals who qualify for title  
          protection. If an individual has the academic background and has  
          passed any examination required by the Board, he or she can  
          apply for title act protection in one of the many  
          engineering-related fields. Importantly, however, there are no  
          regulatory requirements on the practice of those title protected  
          fields. Once an individual has received a license, the Board  
          does not engage in any oversight or regulation of that person's  
          professional practice. Rather, the purpose of title protection  
          is simply to ensure that no person, without a license from the  
          Board, is using a title that is protected. In essence, the role  
          of the Board in this area is to prevent unlicensed individuals  
          from using specific titles, rather than enforcing licensing  
          standards or professional responsibilities on those who have  
          title protection.




          Proposed Law:  
            AB 320 would extend title protection to "environmental  
          engineers", prohibiting anyone from calling themselves an  
          environmental engineer if they are not licensed by the Board for  
          Professional Engineers, Land Surveyors, and Geologists.


          Related  
          Legislation:  AB 177 (Bonilla) would extend the sunset on the  
          existing Board for Professional Engineers, Land Surveyors, and  
          Geologists and the California Architects Board until January 1,  
          2020. That bill will be heard in this committee.


          Staff  
          Comments:  As noted above, the state currently enforces practice  








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          act requirements on the practice of civil engineering and  
          geology, amongst other fields. Under current law, the statutory  
          practice act requirements relating to those fields would  
          override any regulatory definitions of the practice of  
          environmental engineering adopted by the Board under this bill.  
          In practice, this means that any activities that are already  
          regulated under the practice of civil engineering and/or geology  
          would be prohibited from inclusion in title protection for  
          environmental engineers. According to the Board, it is not clear  
          what activities would remain that environmental engineers could  
          perform.
          The only costs that may be incurred by a local agency relate to  
          crimes and infractions. Under the California Constitution, such  
          costs are not reimbursable by the state.







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