BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1165|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 1165
Author: Cannella (R)
Amended: 3/29/16
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 7-0, 4/11/16
AYES: Hill, Berryhill, Block, Galgiani, Jackson, Mendoza,
Wieckowski
NO VOTE RECORDED: Bates, Hernandez
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Engineers, geologists, geophysicists, and land
surveyors
SOURCE: Board for Professional Engineers, Land Surveyors, and
Geologists
DIGEST: This bill 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
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Page 2
greater than $400.
ANALYSIS:
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)
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))
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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 seven 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
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
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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
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.
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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.
10)Makes other technical and conforming changes.
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
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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.
This bill standardizes procedures across all four professions
the Board regulates.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/25/16)
Board for Professional Engineers, Land Surveyors, and Geologists
(source)
AEG Sacramento Chapter
AEG San Francisco Chapter
OPPOSITION: (Verified4/25/16)
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None received
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."
Prepared by:Mark Mendoza / B., P. & E.D. / (916) 651-4104
4/27/16 15:57:23
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