BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1085|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1085
Author: Roth (D)
Amended: 4/20/16
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/18/16
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Professional engineers: geologists: land surveyors
SOURCE: Board for Professional Engineers, Land Surveyors, and
Geologists
DIGEST: This bill requires licensees under the Board for
Professional Engineers, Land Surveyors, and Geologists, upon
renewal of their license, to complete a board-administered
online assessment to reinforce their knowledge of laws
applicable to their practice area; provides that failure to
complete the assessment within the allowed timeframe is cause
for disciplinary action; requires an applicant for a
geophysicist license to complete an examination that tests
knowledge of state laws; and provides that failure to complete
this assessment does not prohibit renewal.
ANALYSIS:
SB 1085
Page 2
Existing law:
1) Establishes the Professional Engineers Act, administered by
the Board for Professional Engineers, Land Surveyors, and
Geologists (BPELSG or Board), within the Department of
Consumer Affairs (DCA), which licenses and regulates
professional engineers. (Business and Professions Code (BPC)
§ 6700 et seq.)
2) Provides that an applicant who passes the first division exam
will be issued an engineer-in-training certificate. (BPC §
6751(a)(2))
3) Requires an applicant, who is issued an engineer-training
certificate, to successfully complete three years or more of
postsecondary engineering education, three years or more of
engineering experience, or a combination of postsecondary
education and experience in engineering totaling three years
prior to issuance of the certificate. (BPC § 6751(a)(2))
4) Requires an applicant for a professional engineer's license
to acquire six years of overall professional experience prior
to licensure. (BPC § 6751(b)(2))
SB 1085
Page 3
5) Requires an applicant for a professional engineer's license
to complete a test on state laws and the Board's rules and
regulations regulating the practice of professional
engineering. (BPC § 6755.1)
6) Provides that a professional engineer license is valid for
two years.
(BPC § 6795)
7) Establishes the Geologist and Geophysicists Act, administered
by the BPELSG, within the DCA, which licenses and regulates
professional geologists and geophysicists. (BPC § 7800 et
seq.)
8) Requires an applicant for a geologist license to attend and
graduate from a college or university with a major in
geological sciences. (BPC § 7841(b))
9) Requires an applicant for a geologist license to acquire five
years of overall professional experience prior to licensure.
(BPC § 7841(c))
SB 1085
Page 4
10) Requires an applicant for a geologist license to
complete a test on state laws and the Board's rules and
regulations regulating the practice of geology.
(BPC § 7841(d))
11) Provides that a geologist, specialty geologist,
geophysicist, or specialty geophysicist's license expires at
12 a.m. of the last day of the birth month of the certificate
holder during the second year of a two-year term. (BPC §
7880)
12) Establishes the Land Surveyors' Act, administered by
the BPELSG, within the DCA, which licenses and regulates the
practice of land surveying. (BPC § 8700 et seq.)
13) Requires an applicant, who is issued a land
surveyor-in-training certificate, to successfully complete
two years of postsecondary education in land surveying, two
years of experience in land surveying, or a combination of
postsecondary education and experience in land surveying
totaling two years prior to issuance of the certificate.
(BPC § 8741)
14) Requires an applicant for a land surveyor's license to
complete a test on state laws and the Board's rules and
regulations regulating the practice of professional land
surveying. (BPC § 8741.1)
SB 1085
Page 5
15) Requires an applicant for a land surveyor's license to
acquire six years of professional experience prior to
licensure. (BPC § 8742)
16) Provides that a land surveyor's license is valid for
two years. (BPC § 8801)
This bill:
1) Requires licensees under the BPELSG, upon renewal of their
license, to complete a board-administered online assessment
to reinforce their knowledge of laws applicable to their
practice area.
2) Provides that failure to complete the assessment above within
60 days after the date of expiration of the license is cause
for disciplinary action.
3) Provides that failure to complete the assessment does not
affect the renewal of the certificate.
SB 1085
Page 6
4) Requires an applicant for a geophysicist license to complete
an examination that tests knowledge of state laws.
Background
The BPELSG is charged with safeguarding the life, health,
property, and public welfare by regulating the practices of
professional engineering, land surveying, geology, and
geophysics. The BPELSG provides this public service by
qualifying and licensing individuals, establishing regulations,
enforcing laws and regulations, and providing information so
that consumers can make informed decisions.
The complexity of engineering, land surveying, geology, and
geophysics projects necessitates a very high degree of technical
knowledge and skill that is typically only acquired after many
years of experience. The vast majority of licensed engineers
hold a college degree in engineering. Land surveyors make
decisions and form opinions based upon interpretation of legal
documents, field evidence, and the use of technically advanced
instrumentation. Licensed geologists and geophysicists often
obtain post-secondary degrees in earth sciences and devote many
years of experience studying and interpreting historical data
related to soils, earth dynamics, groundwater, and the effect
those have on public improvements.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SB 1085
Page 7
SUPPORT: (Verified5/10/16)
Board for Professional Engineers, Land Surveyors, and Geologists
(source)
Eureka Right of Way Engineering
The California Geotechnical Engineering Association
Six individuals
OPPOSITION: (Verified5/10/16)
Professional Engineers in California Government
Four individuals
ARGUMENTS IN SUPPORT: The BPELSG writes that, "This bill
would NOT put a hold on the renewal of the license or impact the
status of the license. Instead this bill would give the Board
the authority to pursue disciplinary action only in situations
where a licensee failed to complete the examination. Such action
would be pursued under the provisions of the Administrative
Procedure Act to ensure the licensee's due process rights."
ARGUMENTS IN OPPOSITION: Professional Engineers in
California Government assert that it does not "believe the Board
of Registration has demonstrated a need for the bill. The Board
licenses over 100,000 Engineers, Land Surveyors, and Geologists,
yet by its own admission the Board processes only 50 violations
each year of its rules and regulations. Nevertheless, it
proposes to test all of its licensees upon their renewal every
two years. That constitutes an unjustified waste of time and
Board resources and unnecessarily burdens the 99.9% of licensees
who are in compliance with the rules. Engineers, Land
Surveyors, Geologists and Geophysicists are already required to
take a comprehensive exam in order to become licensed. The
Board currently has sufficient tools to address and correct
failures to comply with the laws and rules. The Board should
continue to utilize those effective tools to ensure compliance
with the law instead of requiring all 100,000 licensees to take
an additional exam every two years."
SB 1085
Page 8
Prepared by:Mark Mendoza / B., P. & E.D. / (916) 651-4104
5/11/16 15:38:22
**** END ****