BILL ANALYSIS �
SB 975
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SENATE THIRD READING
SB 975 (Wright)
As Amended August 22, 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.
4)Specifies that nothing in this bill shall be construed to prohibit
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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;
b) A licensee from voluntarily undertaking satisfaction of
certification programs not required under the BPC for licensure
by the CAB or the PELSG;
c) The CAB and the PELSG from receiving requests from other
state agencies to adopt by regulation licensing requirements
applicable to individuals licensed under the CAB or the PELSG;
and,
d) The CAB or the PELSG from reviewing a request for a proposed
regulation from another state agency and holding public
hearings, after publicly noticed, to determine whether it is
necessary to adopt regulations to implement the requested
licensing requirement in order to protect the public.
5)Specifies that nothing in this bill shall limit the authority of a
specified local or state entity from imposing a licensing
requirement upon a person who is not licensed by the CAB or the
PELSG.
6)Becomes operative on July 1, 2013.
7)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,
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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 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:
0005336
SB 975
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