BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 1165         Hearing Date:    April 11,  
          2016
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          |Author:   |Cannella                                              |
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          |Version:  |March 29, 2016                                        |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mark Mendoza                                          |
          |:         |                                                      |
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              Subject:  Engineers, geologists, geophysicists, and land  
                                      surveyors


          SUMMARY:  Extends the delinquent license reinstatement timeframe of a  
          professional engineer and land surveyor's license from three to  
          five years after the expiration of the license; prohibits the  
          renewal, restoration, reinstatement, or reissuance of a  
          professional engineer and land surveyor's license after the five  
          year delinquent licensee reinstatement timeframe; requires  
          professional geologists and geophysicists to both sign and seal  
          their final work product documents; requires professional  
          geologists and geophysicists to obtain a seal; and provides that  
          renewal fee for engineering and land surveyor licenses be no  
          greater than $400.
          
          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)Requires that all final civil engineering calculations and  
             reports bear the signature and seal or stamp of the licensee,  
             and the date of signing and sealing or stamping. (BPC § 6735)









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          3)Requires that each licensed professional engineer obtain a  
             seal or stamp of a design authorized by the BPELSG bearing  
             the licensee's name, number of his or her certificate or  
             authority, the legend "professional engineer" and the  
             designation of the particular branch or authority in which he  
             or she is licensed.  (BPC § 6764)


          4) Provides that registrations and certificates issued under the  
             Professional Engineers Act may be renewed at any time within  
             three years after expiration on filing of application for  
             renewal on a form prescribed by the BPELSG and payment of all  
             accrued and unpaid renewal fees.  (BPC § 6796)

          5) Prohibits the renewal, restoration, reinstatement, or  
             reissuance of certificates of registration, under the  
             Professional Engineers Act, after three years unless the  
             applicant meets specified requirements.  (BPC § 6796.3)

          6) Provides that renewal fee for all engineering licenses and  
             the renewal fee for each authority level designation held be  
             no greater than the professional engineer application fee.   
             (BPC § 6799(3))

          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 registered certified and professional geologists and  
             geophysicists to either sign or seal their plans,  
             specifications, reports, or documents.  (BPC § 7835.1)

          9) Requires an applicant for a certification in a specialty in  
             geology to meet certain requirements, including 7 years of  
             specified professional geological work. 
          (BPC § 7842)

          10)Provides that each geologist and specialty geologist may  
             obtain a seal of the design authorized by the BPELSG bearing  
             the licensee's name, number of his or her certificate, and  
             the legend "professional geologist" or appropriate specialty  
             in geology.  (BPC § 7852)

          11)Provides that each geophysicist and specialty geophysicist  








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             may obtain a seal of the design authorized by the BPELSG  
             bearing the licensee's name, number of his or her  
             certificate, and the legend "professional geophysicist" or  
             appropriate specialty in geophysicist.  (BPC § 7852.1)

          12)Provides that certificates of registration as a geologist or  
             as a geophysicist, or certified specialty certificates, may  
             be renewed at any time within five years after expiration  
             upon filing an application for renewal on a form prescribed  
             by the BPELSG and payment of all accrued and unpaid renewal  
             fees.  (BPC § 7881)

          13)Prohibits the renewal, restoration, reinstatement, or  
             reissuance of certificates of registration, under the  
             Geologist and Geophysicists Act, after five years unless the  
             applicant meets specified requirements.  (BPC § 7884)

          14)Provides that the renewal fee for a geologist or geophysicist  
             be no greater than $400.  (BPC § 7887(d))  

          15)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.)
          16)Requires a licensed land surveyor to obtain a stamp or seal  
             of the design authorized by the BPELSG bearing the licensee's  
             name, number of certificate, and the legend "Licensed Land  
             Surveyor" or "Professional Land Surveyor". 


          (BPC § 8750)
          17)Requires that all final maps, plats, reports, descriptions,  
             or other land surveying documents issued by a licensed land  
             surveyor or civil engineer authorized to practice land  
             surveying bear the signature and seal or stamp of the  
             licensee and the date of signing and sealing or stamping.   
             (BPC § 8761(d))

          18)   Provides that licenses issued under the Land Surveyors'  
             Act may be renewed at any time within three years after  
             expiration upon filing of application for renewal on a form  
             prescribed by the BPELSG and payment of all accrued and  
             unpaid renewal fees.  (BPC § 8802)

          19)Prohibits the renewal, restoration, reinstatement, or  








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             reissuance of licenses, under the Land Surveyors' Act, after  
             three years unless the applicant meets certain requirements.   
             (BPC § 8803)

          20)Provides that the renewal fee for a land surveyor license be  
             no greater than the application fee.  (BPC § 8805(c))

          This bill:

          1) Extends the delinquent license reinstatement timeframe of a  
             professional engineer's license from three years to five  
             years after the expiration of the license.

          2) Prohibits the renewal, restoration, reinstatement, or  
             reissuance of a professional engineer's license after the  
             five year delinquent licensee reinstatement timeframe. 

          3) Provides that renewal fee for all engineering licenses, and  
             the renewal fee for each authority level designation held, be  
             no greater than $400.

          4) Requires professional geologists and geophysicists to obtain  
             a seal.

          5) Requires professional geologists and geophysicists to both  
             sign and seal their plans, specifications, reports, or  
             documents. 

          6) Extends the delinquent license reinstatement timeframe of a  
             professional land surveyor's license from three years to five  
             years after the expiration of the license.

          7) Prohibits the renewal, restoration, reinstatement, or  
             reissuance of a professional land surveyor's license after  
             the five year delinquent licensee reinstatement timeframe. 

          8) Provides that renewal fee for a land surveyor's licenses be  
             no greater than $400.

          9) Clarifies that applicants applying for licenses under the  
             Professional Engineer's Act, Geologist and Geophysicists Act,  
             or Land Surveyors' Act are required to meet all  
             qualifications, including education, experience, and  
             examination, prior to licensure. 








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          10)Makes other technical and conforming changes.

          
          FISCAL  
          EFFECT:  Unknown.  This bill is keyed "fiscal" by Legislative  
          Counsel. 

          
          COMMENTS:
          
          1. Purpose.   The BPELSG  is the sponsor of the bill.  According  
             to the Author, "this bill would provide for consistent  
             operations among the Board's licensing programs by conforming  
             the correlating laws. This bill would also provide the  
             consumers of California with improved assurance that the  
             documents of professional geologists and geophysicists  
             reflect their final professional opinion."

          2. 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.

          3. Delinquent Reinstatement Rights.  The Professional Engineers  
             Act and the Professional Land Surveyors' Act permit  
             certificates of registration and certificates of authority as  








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             a professional engineer or a professional land surveyor to be  
             renewed at any time within three years after expiration.   
             After the three year period, the certificate holder may  
             reinstate the expired license by demonstrating to the BPELSG  
             that they are still competent to practice without being  
             required to take and pass the licensing exam.  Given the  
             array of reasons an applicant can provide to highlight his or  
             her qualifications for reinstatement, the Board does not  
             typically feel comfortable denying a license for fear of  
             violating BPC § 6796.3(c).  The Board has become concerned  
             that allowing professional engineers and land surveyors to  
             reinstate delinquent licenses without retaking the licensing  
             exam does not provide sufficient public protection.  This  
             practice is already in place for Geologists and  
             Geophysicists.  The Board believes that the requirements for  
             obtaining licensure after a lengthy period of delinquency  
             should be standardized across all of the professions it  
             regulates.  

          4. Application and Renewal Fee.  The Professional Engineers Act  
             and the Professional Land Surveyors' Act contain language  
             that ties the license renewal fee to the application fee in  
             effect at the time of renewal.  The Geologist and  
             Geophysicist Act contains language that indicates that the  
             application fee and the renewal fee cannot be set at more  
             than $400.00, but they are not tied together.  The BPELSG,  
             through two of its three licensing acts, is the only Board or  
             Bureau under DCA in which the renewal fee must be based on  
             the application fee.  It should be noted that the actual fee  
             amounts are established in regulation through the rulemaking  
             process, which requires the Board to provide specific  
             justification for the actual dollar amount to be charged  
             based on the operational needs of the Board.  Requiring that  
             the renewal fee for professional engineers and professional  
             land surveyors be based on the application fee could lead to  
             a situation where the application fee would need to be  
             lowered based on the actual costs to process the  
             applications, which would then require the renewal fee to  
             also be lowered, even if doing so was not supported by the  
             operational needs of the BPELSG.  
             It should be noted that the application fee only covers  
             expenses attributed to the workload of processing an  
             application and developing state specific exams.  Renewal  
             fees are the only form of revenue for the Board to sustain  








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             its overall operations. 

          5. Sign and Seal: Geologists and Geophysicists.  Unlike  
             Professional Engineers and Land Surveyors, Geologists and  
             Geophysicists are not required to sign or seal (or stamp)  
             their plans, specifications, reports, or other documents.   
             Additionally, they are not required to obtain a stamp or seal  
             of the design authorized by the BPELSG bearing the licensee's  
             name, number of certificate, and the legend "Professional  
             Geologist", "Professional Geophysicist", or appropriate  
             specialty in geology or geophysics in which he or she is  
             certified.  The Board reports high rates of disciplinary  
             actions against persons falsely holding themselves out as a  
             geologist or geophysicist.  Typically, an unlicensed  
             individual will only sign a document since they are not  
             required to additionally stamp the final report.  Engineers  
             and developers deeply rely on these reports to identify  
             whether or not the geological conditions can support a  
             highway, house, or building.  The Board further receives  
             complaints from consumers stating that reports or documents,  
             signed mostly by unlicensed geologists or geophysicists, did  
             not identify glaringly obvious issues with the geological  
             conditions of the land.  

             The Board believes that by requiring geologists and  
             geophysicists to both sign and seal their documents and  
             obtain a seal, the public can be assured that the documents  
             reflect the analysis of a licensed, professional geologist or  
             geophysicist.  Additionally, this bill would provide for  
             consistent operations among the Board's licensing programs by  
             conforming the law relating to geologists and geophysicists  
             to the aforementioned requirements of professional engineers  
             and land surveyors. 

          6. Exam vs. Licensure.  In many instances of the Professional  
             Engineers Act, Geologist and Geophysicist Act, and Land  
             Surveyors' Act, the law reads that an applicant is applying  
             for the exam rather than applying for a license.  Because of  
             this language, BPELSG annually receives reference forms that  
             weakly recommend a candidate, highlighting that the Board  
             will be able to get a better depiction of the applicant's  
             qualifications through the exam. 

             Current law does not clearly communicate that an applicant is  








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             applying for a license rather than just the exam.  This bill  
             would outline that education and work experience are equally  
             as important as the examination when applying for a license. 
             
          7. Arguments in Support.   The Board for Professional Engineers,  
             Land Surveyors, and Geologists  writes that "SB 1165 would  
             provide the consumers of California with improved assurance  
             that the documents of professional geologist and geophysicist  
             reflect their final professional opinion.  SB 1165 would also  
             provide consistent operations among the Board's licensing  
             programs by conforming the correlating laws."

          


          SUPPORT AND OPPOSITION:
          
           Support:  

          The Board for Professional Engineers, Land Surveyors, and  
          Geologists (Sponsor)
          AEG Sacramento Chapter
          AEG San Francisco Chapter

           Opposition:  

          None on file as of April 5, 2016.


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