BILL ANALYSIS �
SB 975
Page 1
Date of Hearing: July 3, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 975 (Wright) - As Amended: June 27, 2012
SENATE VOTE : 28-5
SUBJECT : Professions and vocations: regulatory authority.
SUMMARY : Specifies that the California Architects Board (CAB)
and the Board for Professional Engineers, Land Surveyors, and
Geologists (PELSG), shall have the sole and exclusive authority
to license and regulate its profession or vocation.
Specifically, this bill :
1)Specifies that the CAB and the PELSG, shall have the sole and
exclusive authority to license and regulate its profession or
vocation.
2)Prohibits a local or state entity from imposing a licensing
requirement on an individual licensed by the CAB or the PELSG,
except for the CAB and the PELSG.
3)Defines "licensing requirements" to include, but are not
limited to the following, with respect to a specified
profession regulated by the CAB or the PELSG:
a) Additional training or certification requirements to
practice within the scope of practice of a profession or
vocation licensed by the CAB or the PELSG;
b) Continuing education (CE) requirements for renewal or
continuation of licensure; and,
c) Any additional experience or qualification requirements
beyond those provided for in the Business and Professions
Code (BPC) or regulations promulgated by the CAB or the
PELSG, as specified.
4)Specifies that nothing in this bill shall be construed to
prohibit the following:
a) Parties from contractually agreeing to additional
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experience, qualifications, or training of a licensee under
the CAB or the PELSG in connection with the performance of
a contract; and,
b) A licensee from voluntarily undertaking satisfaction of
certification programs not required under the BPC for
licensure by the CAB or the PELSG.
5)Makes legislative findings and declarations related to having
a single set of professional licensing requirements that apply
equally in state and local governmental entities.
EXISTING LAW :
1)Authorizes the boards, bureaus and commissions in the
Department of Consumer Affairs (DCA) to establish minimum
qualifications and levels of competency for licensure in the
occupations they regulate.
2)Specifies that each of the boards comprising the DCA exist as
a separate unit, and has the functions of setting standards,
holding meetings and setting dates thereof, preparing and
conducting examinations, passing upon applicants, conducting
investigations of violations of laws under its jurisdiction,
issuing citations and holding hearings for the revocation of
licenses, and imposing penalties following those hearings,
insofar as these powers are given by statute to each
respective board.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Purpose of this bill . According to the author's office, "SB 975
seeks to address a growing practice for third party state and
local agencies, departments, and bodies �State Water Resources
Control Board (State Water Board), California Energy Commission
(CEC), local air pollution districts, etc.) to impose a training
class and certificate program on licensed professionals in the
course of adopting regulations? This bill would establish that
the CAB and the PELSG shall have the sole responsibility in
state government to license and regulate the practice of
professions �by those boards pursuant to the] BPC, unless
explicit statutory authority directs a third party agency to
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implement such a program."
Background . This bill attempts to prohibit additional training
and certificate requirements imposed on professional licensees
licensed by the CAB and the PELSG. This bill originated as a
result of State Water Board General Construction permit
requirements mandating licensed civil engineers (and others) to
undergo a two- to three- day training course and certificate
examination developed and administered by a non-profit, in order
to prepare a Storm Water Pollution Prevention Plans (SWPPP).
The total cost for this program is roughly $700-$800 per person;
none of the proceeds are allocated to the General Fund or the
State Water Board. The civil engineers opposed this
requirement, contending that civil engineers must possess a
four-year college degree, complete education relating to soils,
hydrology, and storm water planning, and pass an examination in
order to become licensed in California. The civil engineers
believe that these licensure requirements surpass a third party,
multi-day training program.
AB 1210 (Garrick) of 2011, would have exempted a licensed
civil engineer from additional experience, training, or
certification requirements in order to prepare SWPPPs. The
Governor vetoed this bill with the following message:
"This bill would exempt licensed civil engineers from
training requirements related to the preparation of SWPPPs.
"Many of these storm plans are found to be deficient and
those preparing them need a much better understanding of
the necessary elements of a solid plan. It is not feasible
to inspect every plan or every construction site but it is
essential to have some process in place to ensure
compliance in preparing complete and sound storm water
plans.
"The current process depends on a training education
program for all professionals who prepare storm plans -
engineers, geologists, hydrologists, and landscape
architects. This bill, a piecemeal approach, exempts only
one profession, the civil engineers. A more comprehensive
solution would be better."
The author's office states that other public entities have
imposed additional requirements of licensed professionals in
order to perform work for those entities, even though those
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entities may have already completed relevant training,
education, and examination requirements as a condition of
licensure. The author's office contends that these additional
requirements impose unnecessary requirements and costs to
licensed professionals in order to practice within their
profession. For example, the San Joaquin Valley Air Pollution
District (District) requires participation in a mandatory Dust
Control Training Course. This course is mandatory training for
anyone who prepares and submits a Dust Control Plan to the
District. The author's office contends that statements of
intent from various board members suggest potential
certifications by additional state and local entities.
Current law authorizes local governmental entities to adopt
standards that may be more stringent than state requirements, as
long as they do not conflict with the board's regulatory and
licensing authority. This bill may restrict a local
government's ability to adopt more stringent standards than what
is permitted by the state.
Support . According to the American Council of Engineering
Companies, this bill "ensures that licensed professionals in
California are protected from ever-increasing encroachment of
mandatory training certification and regulatory CE requirements
imposed on them as a condition of operating within the scope of
their practice in California. SB 975 will also help to
eliminate the creation of duplicate, overlapping and
contradictory practice requirements imposed by other agencies
other than the �CAB and the PELSG].
"SB 975 seeks to address a growing practice for third party
state and local agencies, departments, and bodies (the State
Water Board, the CEC, the local air pollution districts, etc.)
to impose a training class and certificate program on licensed
professionals in the course of adopting regulations.
"These training and certificate requirements are created and
imposed outside of, and in addition to, the licensure
requirements adopted by state statute and enforced by �the CAB
and the PELSG]. Licensed professionals must then comply with
these mandates in order to meet the permit requirements, even if
the scope of work is clearly already within their professional
licensure, as determined by �the CAB and the PELSG]? This
practice incurs costs to business, individuals, and only
benefits the cottage industries of instructors and certificate
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associates that collaborate in the imposition of these
programs."
Opposition . According to the DCA, "The DCA believes that the
proposed statutory language is simply unneeded to protect its
licensing boards and bureaus' jurisdiction and could even result
in unforeseen or unintended problems between state agencies.
Further, the DCA understands that this bill was introduced
following last year's AB 1210 (Garrick) of 2011, which the
Governor vetoed. The State Water Board should be given time to
follow the direction it received in the Governor's veto message
of that bill, which may ultimately solve the problem of this
bill's sponsor without legislation."
According to the California Coastkeeper Alliance, "Currently,
state, county and city governmental agencies have the ability to
require professionals to take training courses or require
certification or licensing to ensure that they are qualified to
perform duties necessary to protect public health and safety.
For example, current law requires that any person employed to
operate a wastewater treatment plant must pass a written
examination administered by the State Water Board. This
certification ensures that plant operators are qualified and
that they are educated on the latest technology and requirements
for safely treating wastewater. Improper operation of
wastewater treatment plants can pose a serious threat to public
health and the environment.
"The Department of Public Health also requires similar
certification for drinking water plant operators. These are
just two examples of critical services used by all Californians
that rely on well-trained professionals that have demonstrated
that they have the knowledge necessary to perform their
professional duties. We strongly believe that the authority to
provide this type of professional licensing and education should
remain within the government agencies that have the knowledge
and experience on the services that these agencies provide that
are essential for the health and safety of Californians."
Previous Legislation . AB 1210 (Garrick) of 2011, would
have exempted a licensed civil engineer from additional
experience, training, or certification requirements in
order to prepare SWPPPs. The Governor vetoed this bill.
REGISTERED SUPPORT / OPPOSITION :
SB 975
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Support
American Council of Engineering Companies
California Business Properties Association
California Retailers Association
State of California Auto Dismantlers Association
Southern California Contractors Association
California Metals Coalition
California Land Surveyors Association
California Manufacturers & Technology Association
National Federation of Independent Businesses
California Pharmacists Association
The California Geotechnical Engineering Association
Associated General Contractors
Opposition
California Coastkeeper Alliance
California Sportfishing Protection Alliance
California Water Impact Network
Clean Water Action
Department of Consumer Affairs
Foothill Conservancy
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301