BILL ANALYSIS Ó
SB 1165
Page 1
Date of Hearing: June 14, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
SB 1165(Cannella) - As Amended May 17, 2016
SENATE VOTE: 37-0
SUBJECT: Engineers, geologists, geophysicists, and land
surveyors
SUMMARY: Extends the license renewal period for a professional
engineer and land surveyor's license from three to five years;
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 Board for Professional Engineers, Land
Surveyors, and Geologists (BPELSG) under the Department of
Consumer Affairs (DCA) to administer and enforce the
Professional Engineers Act, the Geologist and Geophysicist
Act, and the Professional Land Surveyors' Act. (Business and
Professions Code (BPC) §§ 6700-6799, 7800-7887, 8700-8805)
2)Specifies that any reference in any law or regulation to a
registered engineer, or to a registered civil, electrical, or
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mechanical engineer, is deemed to refer to a licensed
engineer, or to a licensed civil, electrical, or mechanical
engineer, respectively. (BPC § 6706.3)
3)Requires an applicant for certification as an
engineer-in-training to successfully pass the first division
of the licensing examination. In order to become eligible to
sit for the first division of the licensing examination, the
applicant must 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. (BPC § 6751)
4)Requires that all final civil engineering and land surveying
calculations and reports bear the signature and seal or stamp
of the licensee, and the date of signing and sealing or
stamping. (BPC §§ 6735, 8761)
5)Provides that registrations and certificates issued under the
Professional Engineers Act and Land Surveyors 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, 8802)
6)Provides that the renewal fee for all engineering and land
surveying licenses and the renewal fee for each authority
level designation held be no greater than the application fee.
(BPC §§ 6799, 8805)
7)Requires registered certified and professional geologists and
geophysicists to either sign or seal their plans,
specifications, reports, or documents. (BPC § 7835.1)
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8)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)
9)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)
10)Provides that the renewal fee for a geologist or geophysicist
be no greater than $400. (BPC § 7887)
THIS BILL:
1)Replaces the term registration with the term licensure in
select sections among the three practice acts.
2)Deletes the requirement that an applicant for certification as
an engineer-in-training complete three years or more of
specified education or experience before taking the first
division of the licensing examination. Allows instead that
applicant may complete the education or experience requirement
and take the first division of the licensing examination in
any order.
3)Deletes the requirement that an applicant for licensure as a
professional engineer pass the first division of the licensing
examination. Requires instead that the applicant for
licensure as a professional engineer be certified as an
engineer-in-training in this state, be certified as an
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engineer-in-training or engineer intern in another state or
territory of the United States, or be otherwise exempt from
certification requirements.
4)Extends the period of time during which an expired
professional engineering license may be renewed without
additional requirements from three years to five years.
5)Deletes the requirement that the renewal fee for a
professional engineering license be no more than the
application fee currently in effect and specifies instead that
the fee may be no more than $400.
6)Amends the provisions relating to the applications,
examinations, and renewals for land surveyors to mirror the
related engineer provisions under this bill.
7)Deletes the requirement that the Fundamentals of Geology
examination be administered by the National Association of
State Boards of Geology.
8)Specifies that an applicant for licensure as a geologist may
either 1) graduate from a college or university with a major
in geological sciences or relevant discipline or 2) complete a
combination of at least 30 semester hours, or the equivalent,
that are relevant to geology, as specified.
9)Requires an applicant for certification in a specialty in
geology to be a geologist licensed by the BPELSG and to pass a
written examination in the specialty.
10)Requires professional geologists and geophysicists to both
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sign and seal their final work product documents rather than
sign or seal.
11)Makes mandatory, rather than permissive, that a licensed
geophysicist, certified specialty geophysicist, licensed
geologist, and certified specialty geologist obtain a seal
authorized by the BPELSG, as specified.
12)Makes other minor, technical, and conforming changes.
FISCAL EFFECT: According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, this bill will result in
negligible state costs.
COMMENTS:
Purpose. This bill is sponsored by the Board for Professional
Engineers, Land Surveyors, and Geologists . According to the
author, this bill "is a code clean-up and congruity bill for the
[BPELSG]. As the [BPELSG's] practices and responsibilities
across these professions are being aligned, it makes sense that
its statutory authorities in these areas are also aligned for
consistency."
Background. The BPELSG is a licensing board under the DCA. It
is responsible for the regulation of professional engineers,
land surveyors, and geologists. While many of the laws
governing the professions are similar, there are minor
differences which this bill seeks to fix and make consistent.
In addition, this bill also seeks to update outdated references
and practices.
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License Renewal Period. Under existing law, the renewal period
for a license as a professional engineer or land surveyor is
three years. After the three year period, the former license
holder may apply to have the license reinstated, potentially
without having to retake the licensing exam.
According to the author, the BPELSG "has become concerned that
allowing professional engineers and land surveyors to reinstate
licenses that have been delinquent a significant amount of time
without requiring demonstration of current minimum competency
through taking and passing the licensing examinations does not
provide sufficient public protection. Additionally, the
[BPELSG] believes that the requirements for obtaining licensure
after a lengthy period of delinquency should be standardized
across all of the professions it regulates." Therefore, this
amends the renewal provisions for professional engineers and
land surveyors to match the existing geologist provisions. This
extends the renewal period to five years but also requires
licensees to submit a new license application.
Sign and Seal. Under existing law, plans, specifications,
reports, and other documents prepared by a professional
geologist or geophysicist must be either signed or sealed.
Geologists and geophysicists are authorized to obtain a seal,
but it is not required. However, the laws relating to
professional engineering and land surveying documents require
both the signature and the seal of the licensee. According to
the BPELSG, having both the signature and the seal ensures that
the documents reflect the opinion of the licensee rather than a
preliminary opinion. Therefore, this bill seeks to require all
licensees to both sign and seal final documents, creating
consistency among the BPELSG's licensing programs.
Maximum Renewal Fee. Under existing law, the renewal fee for
licensure as a professional engineer or land surveyor may be no
more than the application fee currently in effect. However,
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renewal fees and initial license and application fees serve
different purposes and there are no other boards with this type
of connection. Therefore, this bill specifies instead that the
fee may be no more than $400 (which is the current statutory
maximum for the application fee). This conforming change will
mirror the geology provisions.
Geologist Educational Requirements. Under existing law, an
applicant for licensure as a geologist must, among other things,
graduate from a college or university with a major in geological
sciences or any other discipline that, in the opinion of the
BPELSG, is relevant to geology. However, the BPELSG notes that
many geological science majors do not contain the necessary
coursework, yet the statute limits the authority of the BPELSG
to specifying the types of majors. Therefore, this bill would
authorize the BPELSG to also specify and rely on specific
courses.
Current Related Legislation. SB 1479 (Committee on Business,
Professions and Economic Development) of the current Legislative
Session, among other things, authorizes the BPELSG to make
arrangements with a public or private organization to conduct
the geology examination and to contract with a public or private
organization for materials or services related to the
examination, conforming the BPELSG's authority for geologists to
its existing authority for professional engineers and land
surveyors. STATUS: This bill will also be heard before the
Assembly Business and Professions Committee during today's
hearing.
SB 1085 (Roth) of the current Legislative Session requires, at
the time of renewal, all licensees under the BPELSG to complete
an assessment that includes questions to reinforce the
licensees' knowledge of laws applicable to the specific practice
area; makes the failure to complete the assessment within a
specified period of time a cause for disciplinary action; and
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requires an applicant for a geophysicist license to complete an
examination that tests knowledge of state laws, conforming to
the requirement for professional engineers and land surveyors.
STATUS: This bill will also be heard before the Assembly
Business and Professions Committee during today's hearing.
AMENDMENTS:
The author should make the following conforming, technical
change:
On page 10, insert between lines 17 and 18:
Section 7841.2 of the Business and Professions Code is amended
to read:
An applicant for certification as a geologist-in-training shall
comply with all of the following:
(a) Not have committed acts or crimes constituting grounds for
denial of certification under Section 480.
(b) Successfully pass the Fundamentals of Geology examination.
(c) Meet either of the following education requirements
fulfilled at a school or university whose curricula meet
criteria established by the rules of the board:
(1) Graduation from a college or university with a major in
geological sciences or any other discipline that, in the opinion
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of the board, is relevant to geology.
(2) Completion of a combination of at least 30 semester hours,
or the equivalent, in courses that, in the opinion of the board,
are relevant to geology. At least 24 semester hours, or the
equivalent, shall be in upper division or graduate courses.
REGISTERED SUPPORT:
Board for Professional Engineers, Land Surveyors, and Geologists
(sponsor)
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301