BILL ANALYSIS �
SB 975
Page 1
SENATE THIRD READING
SB 975 (Wright)
As Amended June 27, 2012
Majority vote
SENATE VOTE :28-5
BUSINESS & PROFESSIONS 7-0
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|Ayes:|Hayashi, Allen, Eng, | | |
| |Hill, Ma, Smyth, Silva | | |
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| | | | |
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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 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.
SB 975
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4)Specifies that nothing in this bill shall be construed to
prohibit the following:
a) Parties from contractually agreeing to additional
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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, 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 implement such a
program."
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
SB 975
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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."
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0004365