BILL ANALYSIS
AB 623
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Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 623 (Emmerson) - As Amended: April 13, 2009
SUBJECT : Architects: continuing education.
SUMMARY : Requires architects to complete additional continuing
education (CE) requirements relating to health, safety, and
welfare (HSW) as a condition of license renewal, if the
California Architects Board (CAB) determines, on or after July
1, 2014, that it is in the interest of public HSW.
Specifically, this bill :
1)Requires the licensee to certify on a form prescribed by the
CAB that he or she has completed CE in or relevant to, HSW and
the practice of architecture, during the preceding two years.
2)Requires that coursework in disability access requirements
shall be applied to the CE hours as prescribed by the CAB.
3)Requires the CAB to adopt regulations establishing CE
requirements.
4)Authorizes the CAB to audit a licensee's records to verify
completion of CE requirements and requires a licensee to
maintain CE records for a minimum of two years from the date
of license renewal.
EXISTING LAW :
1)Provides for the licensure and regulation of persons engaged
in the practice of architecture by the CAB.
2)Requires a licensed architect, as a condition of license
renewal, to complete coursework on disability access
requirements, as specified, and to certify completion to the
CAB.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author's office, this
AB 623
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bill "requires California architects to take CE on subjects
affecting the HSW of the public as a condition of
licensure?Society and the laws of the state will require new
knowledge by architects regarding the energy performance of
buildings, and their impact on the environment and the users of
the building. Additionally, architects must continuously learn
other changing topics important to the public HSW, such as
building codes, universal accessibility, seismic design, fire
sprinklers, masonry construction, alternative energy sources,
shoreline protection, historic preservation, pedestrian design,
and many other important and changing topics.
"AB 623 is needed due to the conflicting legal opinions over
whether the CAB has the existing authority to implement a
mandatory and comprehensive CE requirement."
Background . The CAB establishes regulations for examination and
licensing of the profession of architecture in California, which
today numbers approximately 22,000 licensed architects and
approximately 11,000 candidates who are in the process of
meeting examination and licensure requirements.
The Department of Consumer Affairs believes that the CAB
currently does not have the authority to adopt CE requirements
for the renewal of an architect's license. On the other hand,
while the Legislative Counsel (LC) has believes that the CAB
does currently have that authority, the LC has issued an opinion
that legislation would clarify any confusion and be consistent
with existing precedent.
Support . According to the sponsor, "Architects are licensed by
the state for the sole purpose of protecting the public? The
knowledge an architect must possess to provide architectural
services and protect the public is constantly changing, either
through updates to the building code, changes in state or
federal law, or new expectations from the public. For example,
the knowledge an architect must have today to design a
sustainable or high performance building is different than it
was 10 years ago, and it will be different again 10 years from
now?
"AB 623 allows the CAB to adopt a requirement that has become
standard among state architect licensing boards. In addition,
beginning this year California requires architects to take
continuing education in disability access as a condition of
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licensure. AB 623 does not change the disability access
requirement, but gives the CAB the authority to add a broad and
comprehensive architect continuing education requirement."
According to the CAB, "Architects and the built environment they
shape have a tremendous impact on public HSW. The complexity of
the practice of architecture has been increasingly
exponentially, as new technologies, construction methods and
materials, regulations and codes, and market issues add to the
dynamic context in which architects practice. Given architects'
impact on the public, it is crucial that they be current on HSW
practice issues?
"Thirty-nine other states have recognized the need for mandatory
continuing education in HSW issues. California architects
already must complete CE on disabled access issues pursuant to
SB 1608 (Corbett), Chapter 549, Statutes of 2008. The CAB is
also supportive of ensuring ongoing learning and wishes to
pursue a comprehensive CE program."
Prior Legislation . SB 1608 (Corbett), Chapter 549, Statutes of
2008, requires, as a condition of license renewal, that an
architect complete coursework regarding disability access
requirements, as specified, and certify to the CAB, as part of
the license renewal process, completion of the coursework prior
to renewing their license.
REGISTERED SUPPORT / OPPOSITION :
Support
American Institute of Architects, California Council (AIACC)
(sponsor)
California Architects Board (CAB)
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301