AB 177: Professions and vocations: licensing boards.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-02
(1)The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the board to appoint an executive officer. Existing law repeals the board and the executive officer position on January 1, 2016.
This bill would extend the operation of these provisions to January 1, 2020. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, the failure or refusal of a licensee or certificate holder under the act to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(2)Existing law, the Architects Practice Act, provides for the licensure and regulation of architects and landscape architects by the California Architects Board and authorizes the board to appoint an executive officer. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license. Existing law repeals the board, the executive officer position, and the committee on January 1, 2016. Existing law requires a person to pass an examination as a condition of licensure as an architect and authorizes a person to take the examination if he or she meets certain examination eligibility requirements.
This bill would extend the operation of those provisions to January 1, 2020. The bill would also authorize the board to grant eligibility to a candidate to take the licensure examination if he or she is enrolled in an Additional Path to Architecture Licensing program, as specified.
(3)The Professional Land Surveyors Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is vested with the power to administer the act until January 1, 2016.
This bill would extend that power to January 1, 2020. The bill, until January 1, 2020, would also add as a cause for disciplinary action by the board, as specified, the failure or refusal of a licensee or certificate holder under the act to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(4)The Geologist and Geophysicist Act provides for the registration and regulation of professional geologists and professional geophysicists and the certification of applicants in a specialty in geology and geologists-in-training by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires an applicant for registration as a geologist to meet certain requirements, including, among others, that he or she has graduated with a major in geological sciences from college or university, and requires an applicant for registration as a geophysicist to meet certain requirements, including, among others, that he or she has completed a combination of at least 30 semester hours in courses, as specified. The act requires an applicant for certification as a geologist-in-training to comply with certain requirements, including, among others, that the applicant successfully pass the Fundamentals of Geology examination.
This bill would provide for licensure instead of registration under the act. The bill would also allow an applicant for licensure as a geologist to have graduated from a college or university with a major in a discipline other than geological sciences that, in the opinion of the board, is relevant to geology. The bill would also allow an applicant for licensure as a geophysicist to have completed at least the equivalent of 30 semester hours in courses, as specified. The bill would require an applicant for certification as a geologist-in-training to have graduated from a college or university with a major in geological sciences or any other discipline relevant to geology, as specified. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, the failure or refusal of a licensee or certificate holder under the act to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(5)Under existing law, there is the Professions and Vocations Fund in the State Treasury, which consists of certain special funds and accounts, including the Professional Engineers and Land Surveyors Fund and the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund. Under existing law the moneys in the Geology and Geophysics Account are continuously appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineerss and Land Surveyors Fund are continuously appropriated for the purposes of the Professional Engineers Act and the Professional Land Surveyors Act, and the moneys in those funds that are attributable to administrative fines, civil penalties, and criminal penalties, as specified, are not continuously appropriated and are only available for expenditure upon appropriation by the Legislature.
This bill, beginning July 1, 2016, would abolish the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund and would rename the Professional Engineers and Land Surveyors Fund as the Professional Engineers, Land Surveyors, and Geologists Fund. The bill would direct those moneys collected under the Professional Engineers Act, the Professional Land Surveyors Act, and the Geologist and Geophysicist Act to be deposited into the Professional Engineers, Land Surveyors, and Geologists Fund, a continuously appropriated fund. Because additional moneys, except for fine and penalty money, would be deposited into a continuously appropriated fund, the bill would make an appropriation.
(6)This bill would incorporate additional changes in Section 205 of the Business and Professions Code, proposed by AB 179 and AB 180, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(1)The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the board to appoint an executive officer. Existing law repeals the board and the executive officer position on January 1, 2016.
This bill would extend the operation of these provisions to January 1, 2020. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, the failure or refusal of a licensee or certificate holder under the act to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(2)Existing law, the Architects Practice Act, provides for the licensure and regulation of architects and landscape architects by the California Architects Board and authorizes the board to appoint an executive officer. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license. Existing law repeals the board, the executive officer position, and the committee on January 1, 2016. Existing law requires a person to pass an examination as a condition of licensure as an architect and authorizes a person to take the examination if he or she meets certain examination eligibility requirements.
This bill would extend the operation of those provisions to January 1, 2020. The bill would also authorize the board to grant eligibility to a candidate to take the licensure examination if he or she is enrolled in an Additional Path to Architecture Licensing program, as specified.
(3)The Professional Land Surveyors Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is vested with the power to administer the act until January 1, 2016.
This bill would extend that power to January 1, 2020. The bill, until January 1, 2020, would also add as a cause for disciplinary action by the board, as specified, the failure or refusal of a licensee or certificate holder under the act to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(4)The Geologist and Geophysicist Act provides for the registration and regulation of professional geologists and professional geophysicists and the certification of applicants in a specialty in geology and geologists-in-training by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires an applicant for registration as a geologist to meet certain requirements, including, among others, that he or she has graduated with a major in geological sciences from college or university, and requires an applicant for registration as a geophysicist to meet certain requirements, including, among others, that he or she has completed a combination of at least 30 semester hours in courses, as specified. The act requires an applicant for certification as a geologist-in-training to comply with certain requirements, including, among others, that the applicant successfully pass the Fundamentals of Geology examination.
This bill would provide for licensure instead of registration under the act. The bill would also allow an applicant for licensure as a geologist to have graduated from a college or university with a major in a discipline other than geological sciences that, in the opinion of the board, is relevant to geology. The bill would also allow an applicant for licensure as a geophysicist to have completed at least the equivalent of 30 semester hours in courses, as specified. The bill would require an applicant for certification as a geologist-in-training to have graduated from a college or university with a major in geological sciences or any other discipline relevant to geology, as specified. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, the failure or refusal of a licensee or certificate holder under the act to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(5)Under existing law, there is the Professions and Vocations Fund in the State Treasury, which consists of certain special funds and accounts, including the Professional Engineers and Land Surveyors Fund and the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund. Under existing law the moneys in the Geology and Geophysics Account are continuously appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineerss and Land Surveyors Fund are continuously appropriated for the purposes of the Professional Engineers Act and the Professional Land Surveyors Act, and the moneys in those funds that are attributable to administrative fines, civil penalties, and criminal penalties, as specified, are not continuously appropriated and are only available for expenditure upon appropriation by the Legislature.
This bill, beginning July 1, 2016, would abolish the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund and would rename the Professional Engineers and Land Surveyors Fund as the Professional Engineers, Land Surveyors, and Geologists Fund. The bill would direct those moneys collected under the Professional Engineers Act, the Professional Land Surveyors Act, and the Geologist and Geophysicist Act to be deposited into the Professional Engineers, Land Surveyors, and Geologists Fund, a continuously appropriated fund. Because additional moneys, except for fine and penalty money, would be deposited into a continuously appropriated fund, the bill would make an appropriation.
(6)This bill would incorporate additional changes in Section 205 of the Business and Professions Code, proposed by AB 179 and AB 180, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(1)The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the board to appoint an executive officer. Existing law repeals the board and the executive officer position on January 1, 2016.
This bill would extend the operation of these provisions to January 1, 2020. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(2)Existing law, the Architects Practice Act, provides for the licensure and regulation of architects and landscape architects by the California Architects Board and authorizes the board to appoint an executive officer. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license. Existing law repeals the board, the executive officer position, and the committee on January 1, 2016. Existing law requires a person to pass an examination as a condition of licensure as an architect and authorizes a person to take the examination if he or she meets certain examination eligibility requirements.
This bill would extend the operation of those provisions to January 1, 2020. The bill would also authorize the board to grant eligibility to a candidate to take the licensure examination if he or she is enrolled in an Additional Path to Architecture Licensing program, as specified.
(3)The Professional Land Surveyors Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is vested with the power to administer the act until January 1, 2016.
This bill would extend that power to January 1, 2020. The bill, until January 1, 2020, would also add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(4)The Geologist and Geophysicist Act provides for the registration and regulation of professional geologists and professional geophysicists and the certification of applicants in a specialty in geology and geologists-in-training by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires an applicant for registration as a geologist to meet certain requirements, including, among others, that he or she has graduated with a major in geological sciences from college or university, and requires an applicant for registration as a geophysicist to meet certain requirements, including, among others, that he or she has completed a combination of at least 30 semester hours in courses, as specified. The act requires an applicant for certification as a geologist-in-training to comply with certain requirements, including, among others, that the applicant successfully pass the Fundamentals of Geology examination.
This bill would provide for licensure instead of registration under the act. The bill would also allow an applicant for licensure as a geologist to have graduated from a college or university with a major in a discipline other than geological sciences that, in the opinion of the board, is relevant to geology. The bill would also allow an applicant for licensure as a geophysicist to have completed at least the equivalent of 30 semester hours in courses, as specified. The bill would require an applicant for certification as a geologist-in-training to have graduated from a college or university with a major in geological sciences or any other discipline relevant to geology, as specified. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(5)Under existing law, there is the Professions and Vocations Fund in the State Treasury, which consists of certain special funds and accounts, including the Professional Engineers and Land Surveyors Fund and the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund. Under existing law the moneys in the Geology and Geophysics Account are continuously appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineerss and Land Surveyors Fund are continuously appropriated for the purposes of the Professional Engineers Act and the Professional Land Surveyors Act, and the moneys in those funds that are attributable to administrative fines, civil penalties, and criminal penalties, as specified, are not continuously appropriated and are only available for expenditure upon appropriation by the Legislature.
This bill, beginning July 1, 2016, would abolish the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund and would rename the Professional Engineers and Land Surveyors Fund as the Professional Engineers, Land Surveyors, and Geologists Fund. The bill would direct those moneys collected under the Professional Engineers Act, the Professional Land Surveyors Act, and the Geologist and Geophysicist Act to be deposited into the Professional Engineers, Land Surveyors, and Geologists Fund, a continuously appropriated fund. Because additional moneys, except for fine and penalty money, would be deposited into a continuously appropriated fund, the bill would make an appropriation.
(6)This bill would incorporate additional changes in Section 205 of the Business and Professions Code, proposed by AB 179 and AB 180 that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(1)The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members, in the Department of Consumer Affairs. Geologists. The act requires the board to appoint an executive officer, as specified. Under existing law, these provisions are repealed on January 1, 2016. officer. Existing law repeals the board and the executive officer position on January 1, 2016.
This bill would extend the operation of these provisions until to January 1, 2020. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder. The bill would also make technical amendments to the act.
(2)Existing law law, the Architects Practice Act, provides for the licensure and regulation of architects and landscape architects by the California Architects Board, which consists of 10 members, in the Department of Consumer of Affairs. and authorizes the board to appoint an executive officer. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license. Under existing law, these provisions are repealed on January 1, 2016. Existing law repeals the board, the executive officer position, and the committee on January 1, 2016. Existing law requires a person to pass an examination as a condition of licensure as an architect and authorizes a person to take the examination if he or she meets certain examination eligibility requirements.
This bill would extend the operation of these those provisions until to January 1, 2020. The bill would also authorize the board to grant eligibility to a candidate to take the licensure examination if he or she is enrolled in an Additional Path to Architecture Licensing program, as specified.
(3)The Professional Land Surveyors Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is vested with the power to administer the act. Under existing law, these provisions are repealed on January 1, 2016. act until January 1, 2016.
This bill would extend the operation of these provisions until that power to January 1, 2020. The bill bill, until January 1, 2020, would also add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(4)The Geologist and Geophysicist Act provides for the registration and regulation of professional geologists and professional geophysicists and the certification of applicants in specialties a specialty in geology and geologists-in-training by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires an applicant for registration as a geologist to meet certain requirements, including, among others, that he or she has graduated with a major in geological sciences from college or university, and requires an applicant for registration as a geophysicist to meet certain requirements, including, among others, that he or she has completed a combination of at least 30 semester hours in courses, as specified. The act requires an applicant for certification as a geologist-in-training to comply with certain requirements, including, among others others, that the applicant successfully pass the Fundamentals of Geology examination.
This bill would provide for licensure instead of registration under the act. The bill would also allow an applicant for licensure as a geologist to have graduated from a college or university with a major in a discipline other than geological sciences that, in the opinion of the board, is relevant to geology. The bill would also allows allow an applicant for licensure as a geophysicist to have completed at least the equivalent of 30 semester hours in courses, as specified. The bill would require an applicant for certification as a geologist-in-training to have graduated from a college or university with a major in geological sciences or any other discipline relevant to geology, as specified. The bill bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(5)Under existing law, there is the Professions and Vocations Fund in the State Treasury, which consists of certain special funds and accounts, including the Professional Engineers and Land Surveyors Fund and the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund. Under existing law the moneys in the Geology and Geophysics Account are continuously appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineerss and Land Surveyors Fund are continuously appropriated for the purposes of the Professional Engineers Act and the Professional Land Surveyors Surveyors Act, and the moneys in those funds that are attributable to administrative fines, civil penalties, and criminal penalties, as specified, are not continuously appropriated and are only available for expenditure upon appropriation by the Legislature.
This bill, on and after July 1, 2016, would merge the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund into the fund, which would be renamed the Professional Engineers, Land Surveyors, and Geologists Fund, and would require that the fees and civil penalties received under the Professional Engineers Act, the Professional Land Surveyors Act, and the Geologist and Geophysicist Act be deposited into that fund. The bill would specify that the fees in the fund are continuously appropriated, as specified.
This bill, beginning July 1, 2016, would abolish the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund and would rename the Professional Engineers and Land Surveyors Fund as the Professional Engineers, Land Surveyors, and Geologists Fund. The bill would direct those moneys collected under the Professional Engineers Act, the Professional Land Surveyors Act, and the Geologist and Geophysicist Act to be deposited into the Professional Engineers, Land Surveyors, and Geologists Fund, a continuously appropriated fund. Because additional moneys, except for fine and penalty money, would be deposited into a continuously appropriated fund, the bill would make an appropriation.
(1)The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members, in the Department of Consumer Affairs. The act requires the board to appoint an executive officer, as specified. Under existing law, these provisions are reported repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020. The bill bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder. The bill would also make technical amendments to the act.
(2)Existing law provides for the licensure and regulation of architects and landscape architects by the California Architects Board, which consists of 10 members, in the Department of Consumer of Affairs. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
(3)The Professional Land Surveyors Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is vested with the power to administer the act. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020. The bill would also add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(4)The Geologist and Geophysicist Act provides for the registration and regulation of professional geologists and professional geophysicists and the certification of applicants in specialties in geology and geologists-in-training by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires an applicant for registration as a geologist to meet certain requirements, including, among others, that he or she has graduated with a major in geological sciences from college or university, and requires an applicant for registration as a geophysicist to meet certain requirements, including, among others, that he or she has completed a combination of at least 30 semester hours in courses, as specified. The act requires an applicant for certification as a geologist-in-training to comply with certain requirements, including, among others that the applicant successfully pass the Fundamentals of Geology examination.
This bill would provide for licensure instead of registration under the act. The bill would also allow an applicant for licensure as a geologist to have graduated from a college or university with a major in a discipline other than geological sciences that, in the opinion of the board, is relevant to geology. The bill would also allows an applicant for licensure as a geophysicist to have completed at least the equivalent of 30 semester hours in courses, as specified. The bill would require an applicant for certification as a geologist-in-training to have graduated from a college or university with a major in geological sciences or any other discipline, as specified. The bill would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(5)Under existing law, there is the Professions and Vocations Fund in the State Treasury, which consists of certain special funds and accounts, including the Professional Engineers and Land Surveyors Fund and the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund. Under existing law the moneys in the Geology and Geophysics Account are appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineerss and Land Surveyors Fund are appropriated for the purposes of the Professional Engineers and the Professional Land Surveyors Act, and the moneys in those funds are attributable to administrative fines, civil penalties, and criminal penalties, as specified, are not continuously appropriated and are only available for expenditure upon appropriation by the Legislature.
This bill bill, on and after July 1, 2016, would merge the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund into the fund, which would be renamed the Professional Engineers, Land Surveyors, and Geologists Fund, and would require that the fees and civil penalties received under the Professional Engineers Act, the Professional Land Surveyors Act, and the Geologist and Geophysicist Act be deposited into that fund. The bill would specify that the fees in the fund are continuously appropriated, as specified.
The
(1)The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members, in the Department of Consumer Affairs. The act requires the board to appoint an executive officer, as specified. Existing Under existing law, these provisions are reported on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020. The bill would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder. The bill would also make technical amendments to the act.
(2)Existing law provides for the licensure and regulation of architects and landscape architects by the California Architects Board, which consists of 10 members, in the department. Department of Consumer of Affairs. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license.Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
(3)The Professional Land Surveyors Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is vested with the power to administer the act. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020. The bill would also add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(4)The Geologist and Geophysicist Act provides for the registration and regulation of professional geologists and professional geophysicists and the certification of applicants in specialties in geology and geologists-in-training by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires an applicant for registration as a geologist to meet certain requirements, including, among others, that he or she has graduated with a major in geological sciences from college or university, and requires an applicant for registration as a geophysicist to meet certain requirements, including, among others, that he or she has completed a combination of at least 30 semester hours in courses, as specified. The act requires an applicant for certification as a geologist-in-training to comply with certain requirements, including, among others that the applicant successfully pass the Fundamentals of Geology examination.
This bill would provide for licensure instead of registration under the act. The bill would also allow an applicant for licensure as a geologist to have graduated from a college or university with a major in a discipline other than geological sciences that, in the opinion of the board, is relevant to geology. The bill would also allows an applicant for licensure as a geophysicist to have completed at least the equivalent of 30 semester hours in courses, as specified. The bill would require an applicant for certification as a geologist-in-training to have graduated from a college or university with a major in geological sciences or any other discipline, as specified. The bill would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.
(5)Under existing law, there is the Professions and Vocations Fund in the State Treasury, which consists of certain special funds and accounts, including the Professional Engineers and Land Surveyors Fund and the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund. Under existing law the moneys in the Geology and Geophysics Account are appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineerss and Land Surveyors Fund are appropriated for the purposes of the Professional Engineers and the Professional Land Surveyors Act, and the moneys in those funds are attributable to administrative fines, civil penalties, and criminal penalties, as specified, are not continuously appropriated and are only available for expenditure upon appropriation by the Legislature.
This bill would merge the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund into the fund, which would be renamed the Professional Engineers, Land Surveyors, and Geologists Fund, and would require that the fees and civil penalties received under the Professional Engineers Act, the Professional Land Surveyors Act, and the Geologist and Geophysicist Act be deposited into that fund. The bill would specify that the fees in the fund are continuously appropriated, as specified.
The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land surveyors, Surveyors, and Geologists, which consists of 15 members, in the Department of Consumer Affairs. The act requires the board to appoint an executive officer officer, as specified. Existing law provides for the licensure and regulation of architects and landscape architects by the California Architects Board, which consists of 10 members, in the department. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land surveyors, and Geologists, which consists of 15 members, in the Department of Consumer Affairs. The act requires the board to appoint an executive officer as specified. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.1.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.3.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Animal Health Technician Examining Committee Fund.
(33)State Dental Hygiene Fund.
(34)State Dental Assistant Fund.
(35)Structural Pest Control Fund.
(36)Structural Pest Control Eradication and Enforcement Fund.
(37)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 3.Section 207 of the Business and Professions Code is amended to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
SEC. 4.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.Section 5550.2 is added to the Business and Professions Code, to read:5550.2.Notwithstanding subdivision (b) of Section 5552, the board may grant eligibility, based on an eligibility point determined by the Additional Path to Architectural Licensing Program, for a candidate to take the examination for a license to practice architecture if he or she is enrolled in an Additional Path to Architectural Licensing program that integrates the experience and examination components offered by a National Architectural Accrediting Board-accredited degree program.
SEC. 7.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 8.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 9.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 12.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 13.Section 6775.2 is added to the Business and Professions Code, to read:6775.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 6775 or 6775.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 14.Section 6797 of the Business and Professions Code is amended to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 15.Section 6797 is added to the Business and Professions Code, to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 16.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 17.Section 7841 of the Business and Professions Code is amended to read:7841.An applicant for licensure as a geologist shall have all the following qualifications:
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
(c)Have a documented record of a minimum of five years of professional geological experience of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of this work upon licensure as a geologist. This experience shall be gained under the supervision of a geologist or geophysicist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, have the training and experience to have responsible charge of geological work. Professional geological work does not include routine sampling, laboratory work, or geological drafting.
Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of upper division or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of three years towards meeting the requirement for at least five years of professional geological work as set forth above.
The ability of the applicant shall have been demonstrated by the applicant having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination that incorporates a national examination for geologists created by a nationally recognized entity approved by the board, and a supplemental California specific examination. The California specific examination shall test the applicants knowledge of state laws, rules and regulations, and of seismicity and geology unique to practice within this state.
SEC. 18.Section 7841.1 of the Business and Professions Code is amended to read:7841.1.An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists.
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.
(1)Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics.
(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 geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.
(c)Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.
Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of third or fourth year or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.
The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination.
SEC. 19.Section 7841.2 of the Business and Professions Code is amended to read:7841.2.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)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
SEC. 20.Section 7860.2 is added to the Business and Professions Code, to read:7860.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 7860.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 21.Section 7885 of the Business and Professions Code is amended to read:7885.(a)The board shall report each month to the State Controller the amount and source of all revenue received by it pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Geology and Geophysics Account, which is hereby created within the Professional Engineers and Land Surveyors Fund established in Section 6797.
(b)All moneys in the Geology and Geophysics Fund on January 1, 2012, shall be transferred on that date to the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 22.Section 7886 of the Business and Professions Code is amended to read:7886.(a)The moneys paid into the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund pursuant to this chapter are hereby appropriated to be used by the board to carry out the provisions of this chapter.
(b)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 23.Section 7886 is added to the Business and Professions Code, to read:7886.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 24.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 25.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 26.Section 8780.2 is added to the Business and Professions Code, to read:8780.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 27.Section 8800 of the Business and Professions Code is amended to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 28.Section 8800 is added to the Business and Professions Code, to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 29.(a)Section 2.1 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 179. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, and (3) Assembly Bill 180 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 179, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 180. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, (3) Assembly Bill 179 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 180 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by this bill, Assembly Bill 179, and Assembly Bill 180. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 205 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 179 and Assembly Bill 180, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.1.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.3.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Animal Health Technician Examining Committee Fund.
(33)State Dental Hygiene Fund.
(34)State Dental Assistant Fund.
(35)Structural Pest Control Fund.
(36)Structural Pest Control Eradication and Enforcement Fund.
(37)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 3.Section 207 of the Business and Professions Code is amended to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
SEC. 4.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.Section 5550.2 is added to the Business and Professions Code, to read:5550.2.Notwithstanding subdivision (b) of Section 5552, the board may grant eligibility, based on an eligibility point determined by the Additional Path to Architectural Licensing Program, for a candidate to take the examination for a license to practice architecture if he or she is enrolled in an Additional Path to Architectural Licensing program that integrates the experience and examination components offered by a National Architectural Accrediting Board-accredited degree program.
SEC. 7.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 8.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 9.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 12.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 13.Section 6775.2 is added to the Business and Professions Code, to read:6775.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 6775 or 6775.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 14.Section 6797 of the Business and Professions Code is amended to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 15.Section 6797 is added to the Business and Professions Code, to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 16.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 17.Section 7841 of the Business and Professions Code is amended to read:7841.An applicant for licensure as a geologist shall have all the following qualifications:
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
(c)Have a documented record of a minimum of five years of professional geological experience of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of this work upon licensure as a geologist. This experience shall be gained under the supervision of a geologist or geophysicist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, have the training and experience to have responsible charge of geological work. Professional geological work does not include routine sampling, laboratory work, or geological drafting.
Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of upper division or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of three years towards meeting the requirement for at least five years of professional geological work as set forth above.
The ability of the applicant shall have been demonstrated by the applicant having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination that incorporates a national examination for geologists created by a nationally recognized entity approved by the board, and a supplemental California specific examination. The California specific examination shall test the applicants knowledge of state laws, rules and regulations, and of seismicity and geology unique to practice within this state.
SEC. 18.Section 7841.1 of the Business and Professions Code is amended to read:7841.1.An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists.
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.
(1)Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics.
(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 geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.
(c)Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.
Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of third or fourth year or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.
The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination.
SEC. 19.Section 7841.2 of the Business and Professions Code is amended to read:7841.2.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)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
SEC. 20.Section 7860.2 is added to the Business and Professions Code, to read:7860.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 7860.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 21.Section 7885 of the Business and Professions Code is amended to read:7885.(a)The board shall report each month to the State Controller the amount and source of all revenue received by it pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Geology and Geophysics Account, which is hereby created within the Professional Engineers and Land Surveyors Fund established in Section 6797.
(b)All moneys in the Geology and Geophysics Fund on January 1, 2012, shall be transferred on that date to the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 22.Section 7886 of the Business and Professions Code is amended to read:7886.(a)The moneys paid into the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund pursuant to this chapter are hereby appropriated to be used by the board to carry out the provisions of this chapter.
(b)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 23.Section 7886 is added to the Business and Professions Code, to read:7886.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 24.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 25.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 26.Section 8780.2 is added to the Business and Professions Code, to read:8780.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 27.Section 8800 of the Business and Professions Code is amended to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 28.Section 8800 is added to the Business and Professions Code, to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 29.(a)Section 2.1 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 179. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, and (3) Assembly Bill 180 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 179, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 180. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, (3) Assembly Bill 179 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 180 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by this bill, Assembly Bill 179, and Assembly Bill 180. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 205 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 179 and Assembly Bill 180, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.1.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.3.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Animal Health Technician Examining Committee Fund.
(33)State Dental Hygiene Fund.
(34)State Dental Assistant Fund.
(35)Structural Pest Control Fund.
(36)Structural Pest Control Eradication and Enforcement Fund.
(37)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 3.Section 207 of the Business and Professions Code is amended to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
SEC. 4.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.Section 5550.2 is added to the Business and Professions Code, to read:5550.2.Notwithstanding subdivision (b) of Section 5552, the board may grant eligibility, based on an eligibility point determined by the Additional Path to Architectural Licensing Program, for a candidate to take the examination for a license to practice architecture if he or she is enrolled in an Additional Path to Architectural Licensing program that integrates the experience and examination components offered by a National Architectural Accrediting Board-accredited degree program.
SEC. 7.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 8.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 9.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 12.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 13.Section 6775.2 is added to the Business and Professions Code, to read:6775.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 6775 or 6775.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 14.Section 6797 of the Business and Professions Code is amended to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 15.Section 6797 is added to the Business and Professions Code, to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 16.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 17.Section 7841 of the Business and Professions Code is amended to read:7841.An applicant for licensure as a geologist shall have all the following qualifications:
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
(c)Have a documented record of a minimum of five years of professional geological experience of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of this work upon licensure as a geologist. This experience shall be gained under the supervision of a geologist or geophysicist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, have the training and experience to have responsible charge of geological work. Professional geological work does not include routine sampling, laboratory work, or geological drafting.
Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of upper division or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of three years towards meeting the requirement for at least five years of professional geological work as set forth above.
The ability of the applicant shall have been demonstrated by the applicant having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination that incorporates a national examination for geologists created by a nationally recognized entity approved by the board, and a supplemental California specific examination. The California specific examination shall test the applicants knowledge of state laws, rules and regulations, and of seismicity and geology unique to practice within this state.
SEC. 18.Section 7841.1 of the Business and Professions Code is amended to read:7841.1.An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists.
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.
(1)Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics.
(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 geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.
(c)Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.
Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of third or fourth year or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.
The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination.
SEC. 19.Section 7841.2 of the Business and Professions Code is amended to read:7841.2.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)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
SEC. 20.Section 7860.2 is added to the Business and Professions Code, to read:7860.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 7860.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 21.Section 7885 of the Business and Professions Code is amended to read:7885.(a)The board shall report each month to the State Controller the amount and source of all revenue received by it pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Geology and Geophysics Account, which is hereby created within the Professional Engineers and Land Surveyors Fund established in Section 6797.
(b)All moneys in the Geology and Geophysics Fund on January 1, 2012, shall be transferred on that date to the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 22.Section 7886 of the Business and Professions Code is amended to read:7886.(a)The moneys paid into the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund pursuant to this chapter are hereby appropriated to be used by the board to carry out the provisions of this chapter.
(b)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 23.Section 7886 is added to the Business and Professions Code, to read:7886.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 24.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 25.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 26.Section 8780.2 is added to the Business and Professions Code, to read:8780.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 27.Section 8800 of the Business and Professions Code is amended to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 28.Section 8800 is added to the Business and Professions Code, to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 29.(a)Section 2.1 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 179. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, and (3) Assembly Bill 180 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 179, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 180. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, (3) Assembly Bill 179 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 180 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by this bill, Assembly Bill 179, and Assembly Bill 180. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 205 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 179 and Assembly Bill 180, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2017. 2016.
SEC. 3.Section 207 of the Business and Professions Code is amended to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in paragraphs (1) to (40), inclusive, of subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 4.Section 207 is added to the Business and Professions Code, to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in paragraphs (1) to (39), inclusive, of subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
(c)This section shall become operative on July 1, 2016.
SEC. 5.SEC. 4.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 6.SEC. 5.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.Section 5550.2 is added to the Business and Professions Code, to read:5550.2.Notwithstanding subdivision (b) of Section 5552, the board may grant eligibility, based on an eligibility point determined by the Additional Path to Architectural Licensing Program, for a candidate to take the examination for a license to practice architecture if he or she is enrolled in an Additional Path to Architectural Licensing program that integrates the experience and examination components offered by a National Architectural Accrediting Board-accredited degree program.
SEC. 7.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3. Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 8.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 9.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 12.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 13.Section 6775.2 is added to the Business and Professions Code, to read:6775.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 6775 or 6775.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 14.Section 6797 of the Business and Professions Code is amended to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
(d)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 15.Section 6797 is added to the Business and Professions Code, to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 16.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 17.Section 7841 of the Business and Professions Code is amended to read:7841.An applicant for licensure as a geologist shall have all the following qualifications:
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
(c)Have a documented record of a minimum of five years of professional geological experience of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of this work upon licensure as a geologist. This experience shall be gained under the supervision of a geologist or geophysicist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, have the training and experience to have responsible charge of geological work. Professional geological work does not include routine sampling, laboratory work, or geological drafting.
Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of upper division or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of three years towards meeting the requirement for at least five years of professional geological work as set forth above.
The ability of the applicant shall have been demonstrated by the applicant having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination that incorporates a national examination for geologists created by a nationally recognized entity approved by the board, and a supplemental California specific examination. The California specific examination shall test the applicants knowledge of state laws, rules and regulations, and of seismicity and geology unique to practice within this state.
SEC. 18.Section 7841.1 of the Business and Professions Code is amended to read:7841.1.An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists.
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.
(1)Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics.
(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 geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.
(c)Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.
Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of third or fourth year or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.
The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination.
SEC. 19.Section 7841.2 of the Business and Professions Code is amended to read:7841.2.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)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
SEC. 20.Section 7860.2 is added to the Business and Professions Code, to read:7860.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 7860 or 7860.1. 7860.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 21.Section 7885 of the Business and Professions Code is amended to read:7885.(a)The board shall report each month to the State Controller the amount and source of all revenue received by it pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Geology and Geophysics Account, which is hereby created within the Professional Engineers and Land Surveyors Fund established in Section 6797.
(b)All moneys in the Geology and Geophysics Fund on January 1, 2012, shall be transferred on that date to the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 22.Section 7886 of the Business and Professions Code is amended to read:7886.(a)The moneys paid into the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund pursuant to this chapter are hereby appropriated to be used by the board to carry out the provisions of this chapter.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
(b)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 23.Section 7886 is added to the Business and Professions Code, to read:7886.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 24.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 25.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 26.Section 8780.2 is added to the Business and Professions Code, to read:8780.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 27.Section 8800 of the Business and Professions Code is amended to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
(d)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 28.Section 8800 is added to the Business and Professions Code, to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
SEC. 2.Section 207 of the Business and Professions Code is amended to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in paragraphs (1) to (39), inclusive, of subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
SECTION 1.Section 205 of the Business and Professions Code is amended to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2017.
SEC. 3.Section 207 of the Business and Professions Code is amended to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in paragraphs (1) to (40), inclusive, of subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 4.Section 207 is added to the Business and Professions Code, to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in paragraphs (1) to (39), inclusive, of subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
(c)This section shall become operative on July 1, 2016.
SEC. 3.SEC. 5.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 4.SEC. 6.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 5.SEC. 7.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.SEC. 8.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 7.SEC. 9.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 8.SEC. 10.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 9.SEC. 11.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.SEC. 12.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 11.SEC. 13.Section 6775.2 is added to the Business and Professions Code, to read:6775.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 6775 or 6775.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 12.Section 6797 of the Business and Professions Code is amended to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
SEC. 14.Section 6797 of the Business and Professions Code is amended to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
For
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
The
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 15.Section 6797 is added to the Business and Professions Code, to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 13.SEC. 16.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 14.SEC. 17.Section 7841 of the Business and Professions Code is amended to read:7841.An applicant for licensure as a geologist shall have all the following qualifications:
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
(c)Have a documented record of a minimum of five years of professional geological experience of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of this work upon licensure as a geologist. This experience shall be gained under the supervision of a geologist or geophysicist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, have the training and experience to have responsible charge of geological work. Professional geological work does not include routine sampling, laboratory work, or geological drafting.
Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of upper division or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of three years towards meeting the requirement for at least five years of professional geological work as set forth above.
The ability of the applicant shall have been demonstrated by the applicant having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination that incorporates a national examination for geologists created by a nationally recognized entity approved by the board, and a supplemental California specific examination. The California specific examination shall test the applicants knowledge of state laws, rules and regulations, and of seismicity and geology unique to practice within this state.
SEC. 15.SEC. 18.Section 7841.1 of the Business and Professions Code is amended to read:7841.1.An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists.
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.
(1)Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics.
(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 geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.
(c)Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.
Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of third or fourth year or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.
The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination.
SEC. 16.SEC. 19.Section 7841.2 of the Business and Professions Code is amended to read:7841.2.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)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
SEC. 17.SEC. 20.Section 7860.2 is added to the Business and Professions Code, to read:7860.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 7860 or 7860.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 18.Section 7885 of the Business and Professions Code is repealed.SEC. 21.Section 7885 of the Business and Professions Code is amended to read:7885.(a)The board shall report each month to the State Controller the amount and source of all revenue received by it pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Geology and Geophysics Account, which is hereby created within the Professional Engineers and Land Surveyors Fund established in Section 6797.
(b)All moneys in the Geology and Geophysics Fund on January 1, 2012, shall be transferred on that date to the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 19.Section 7886 of the Business and Professions Code is repealed.SEC. 22.Section 7886 of the Business and Professions Code is amended to read:7886.(a)The moneys paid into the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund pursuant to this chapter are hereby appropriated to be used by the board to carry out the provisions of this chapter.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 20.SEC. 23.Section 7886 is added to the Business and Professions Code, to read:7886.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
SEC. 21.SEC. 24.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 22.SEC. 25.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 23.SEC. 26.Section 8780.2 is added to the Business and Professions Code, to read:8780.2.(a)The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 24.Section 8800 of the Business and Professions Code is amended to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
SEC. 27.Section 8800 of the Business and Professions Code is amended to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Land Surveyors Fund.
For
(b)For accounting and recordkeeping purposes, the Professional Engineers and Land Surveyors Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
The
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Land Surveyors Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 28.Section 8800 is added to the Business and Professions Code, to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
(d)This section shall become operative on July 1, 2016.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Engineers, Land Surveyors Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)
(25)Dispensing Opticians Fund.
(27)
(26)Acupuncture Fund.
(28)
(27)Physician Assistant Fund.
(29)
(28)Board of Podiatric Medicine Fund.
(30)
(29)Psychology Fund.
(31)
(30)Respiratory Care Fund.
(32)
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)
(32)Board of Registered Nursing Fund.
(34)
(33)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)
(34)Animal Health Technician Examining Committee Fund.
(36)
(35)State Dental Hygiene Fund.
(37)
(36)State Dental Assistant Fund.
(38)
(37)Structural Pest Control Fund.
(39)
(38)Structural Pest Control Eradication and Enforcement Fund.
(40)
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
SEC. 2.Section 207 of the Business and Professions Code is amended to read:207.(a)Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in paragraphs (1) to (40), (39), inclusive, of subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
SECTION 1.SEC. 3.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.SEC. 4.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 3.SEC. 5.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 4.SEC. 6.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 5.SEC. 7.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.SEC. 8.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 7.SEC. 9.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client, client or his or her representative, the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by any party both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 11.Section 6775.2 is added to the Business and Professions Code, to read:6775.2.The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 6775 or 6775.1.
SEC. 12.Section 6797 of the Business and Professions Code is amended to read:6797.(a)The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Engineers, Land Surveyors Surveyors, and Geologists Fund.
For
(b)For accounting and recordkeeping purposes, the Professional Engineers and Engineers, Land Surveyors Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
The
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Engineers, Land Surveyors Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
SEC. 13.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by any party both parties to terminate the contract.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 14.Section 7841 of the Business and Professions Code is amended to read:7841.An applicant for registration licensure as a geologist shall have all the following qualifications:
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Graduation from a college or university with a major in geological sciences from college or university. or any other discipline that, in the opinion of the board, is relevant to geology.
(c)Have a documented record of a minimum of five years of professional geological experience of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of this work upon licensure as a geologist. This experience shall be gained under the supervision of a geologist or geophysicist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, have the training and experience to have responsible charge of geological work. Professional geological work does not include routine sampling, laboratory work, or geological drafting.
Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of upper division or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of three years towards meeting the requirement for at least five years of professional geological work as set forth above.
The ability of the applicant shall have been demonstrated by the applicant having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination that incorporates a national examination for geologists created by a nationally recognized entity approved by the board, and a supplemental California specific examination. The California specific examination shall test the applicants knowledge of state laws, rules and regulations, and of seismicity and geology unique to practice within this state.
SEC. 15.Section 7841.1 of the Business and Professions Code is amended to read:7841.1.An applicant for registration licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for registration licensure as geologists.
(a)Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b)Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.
(1)Graduation with a major in a geophysical science or any other discipline which that, in the opinion of the board board, is relevant to geophysics.
(2)Completion of a combination of at least 30 semester hours, or the equivalent, in courses which that, in the opinion of the board board, are relevant to geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.
(c)Have at least seven years of professional geophysical work which that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.
Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of third or fourth year or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.
The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term responsible position is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d)Successfully pass a written examination.
SEC. 16.Section 7841.2 of the Business and Professions Code is amended to read:7841.2.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. The applicant shall be eligible to sit for the Fundamentals of Geology examination after graduation with a degree in a geological science from a college or university, the curriculum of which has been approved by the board.
(c)Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.
SEC. 17.Section 7860.2 is added to the Business and Professions Code, to read:7860.2.The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 7860 or 7860.1.
SEC. 18.Section 7885 of the Business and Professions Code is repealed.7885.(a)The board shall report each month to the State Controller the amount and source of all revenue received by it pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Geology and Geophysics Account, which is hereby created within the Professional Engineers and Land Surveyors Fund established in Section 6797.
(b) All moneys in the Geology and Geophysics Fund on January 1, 2012, shall be transferred on that date to the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
SEC. 19.Section 7886 of the Business and Professions Code is repealed.7886.The moneys paid into the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund pursuant to this chapter are hereby appropriated to be used by the board to carry out the provisions of this chapter.
SEC. 20.Section 7886 is added to the Business and Professions Code, to read:7886.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineers, Land Surveyors, and Geologists Fund.
(b)For accounting and recordkeeping purposes, the Professional Engineers, Land Surveyors, and Geologists Fund shall be deemed to be a single special fund and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
SEC. 21.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 22.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or registered licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or registered licensed civil engineer and the client, client or his or her representative, the clients representative prior to the licensed land surveyor or registered licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or registered licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or registered licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or registered licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by any party both parties to terminate the contract.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or registered licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or registered licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a registered licensed civil engineer to any of the following:
(A)A professional engineer licensed or registered under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 23.Section 8780.2 is added to the Business and Professions Code, to read:8780.2.The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1.
SEC. 24.Section 8800 of the Business and Professions Code is amended to read:8800.(a)The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineers and Engineers, Land Surveyors Surveyors, and Geologists Fund.
For
(b)For accounting and recordkeeping purposes, the Professional Engineers and Engineers, Land Surveyors Surveyors, and Geologists Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
The
(c)The fees and civil penalties received under this chapter shall be deposited in the Professional Engineers and Engineers, Land Surveyors Surveyors, and Geologists Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.
There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed.
SEC. 3.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed.
SEC. 4.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed.
SEC. 5.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed.
SECTION 1.SEC. 6.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.SEC. 7.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. repealed.
(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, 2020, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, 2020, deletes or extends that date.
|
Date
|
Status
|
|---|---|
| Jun 30, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Oct 2, 2015 | Chaptered by Secretary of State - Chapter 428, Statutes of 2015. |
| Oct 2, 2015 | Approved by the Governor. |
| Sep 18, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3052.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2641.). |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 9, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 27, 2015 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27). |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Jul 7, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 6). Re-referred to Com. on APPR. |
| Jan 26, 2015 | Read first time. To print. |
| Jun 11, 2015 | Referred to Com. on B., P. & E.D. |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1700.) |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 1, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2015 | Read second time. Ordered to third reading. |
| May 28, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (May 28). |
| May 13, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| Apr 27, 2015 | Re-referred to Com. on B. & P. |
| Apr 23, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 4, 2015 | Re-referred to Com. on B. & P. |
| Mar 3, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Feb 2, 2015 | Referred to Com. on B. & P. |
| Jan 27, 2015 | From printer. May be heard in committee February 26. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | AB 177 BONILLA Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2015 | Assembly 3rd Reading AB177 Bonilla By Hill | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 6, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Jun 1, 2015 | AB 177 BONILLA Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Architects | ** Support | Jul 6, 2015 |
| Board of Professional Engineers, Land Surveyors, and Geologists | ** Support | Sep 9, 2015 |
| California Council of the American Society of Landscape Architects | ** Support | Sep 9, 2015 |
| California Land Surveyors Association | ** Support | Sep 9, 2015 |
| D. Woolley & Associates, Inc. | ** Against | Sep 9, 2015 |
| Professional Engineers In California Government | ** Support | Sep 9, 2015 |
AB 177
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 177
(Bonilla)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
80-0 |
(June 1, 2015) |
SENATE: |
40-0 |
(September 9, 2015) |
Original Committee Reference: B. & P.
SUMMARY: Extends the sunset date for the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), the California Architects Board (CAB), and the Landscape Architects Technical Committee (LATC) until January 1, 2020, and make other sunset review-related changes.
The Senate amendments:
Repeal the provisions authorizing the BPELSG to discipline a licensee for failure to respond to a written request or information from the BPELSG resulting from the investigation of a complaint on January 1, 2020.
Delay merging the Professional Engineers and Land Surveyors Fund and the Geology and Geophysics Account until July 1, 2016.
Authorize the CAB to allow students enrolled in an Additional Path to Architectural Licensing program to take the national examination early.
Add double joining language to address chaptering out issues with AB 179 (Bonilla) and AB 180 (Bonilla) of the current legislative session.
Make other technical and clarifying amendments.
FISCAL EFFECT: According to the Senate Appropriations Committee:
No significant costs are anticipated due to the extension of the sunset of the BPELSG. Current law imposes a sunset on the existence of the BPELSG as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of engineering, land surveying, and geology. If the BPESLG was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Potential one-time costs up to $150,000 for the BPELSG to develop educational standards for geologists, geophysicists, and geologists-in-training.
No significant costs are anticipated due to the extension of the sunset of the CAB. Current law imposes a sunset on the existence of the CAB as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of architecture. If the CAB was allowed to sunset, the overall licensing and regulatory program would still exist in law.
No significant costs are anticipated due to the extension of the sunset of the LATC. Current law imposes a sunset on the existence of the LATC as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of landscape architecture. If the LATC was allowed to sunset, the overall licensing and regulatory program would still exist in law.
COMMENTS:
Purpose. This bill is author sponsored. According to the author, "This bill is necessary to ensure that consumers continue to be protected through the ongoing licensure and regulation of architects, landscape architects, engineers, land surveyors, and geologists."
Sunset Review. On March 18th, 2015, the Assembly Business and Professions Committee and the Senate Business, Professions, and Economic Development Committee held a "sunset review" hearing for the BPELSG, the CAB, and the LATC. As part of the Sunset Review, the BPELSG, the CAB, and the LATC each prepared a sunset report, which was submitted to the committees and committee staff prepared a background paper on each board.
A "sunset review" is a performance review of a state agency by the Legislature aimed at determining whether that agency should continue to exist, and if so, whether any statutory reforms are needed to increase the agency's effectiveness. Sunset review is triggered by the statutory expiration date for the agency, which is commonly called a "sunset." Without an extension of this sunset date, the boards will cease to exist.
In response to the recommendations in the background paper and the sunset hearing, this bill extends the sunset date for the BPELSG, the CAB, and the LATC from January 1, 2016, to January 1, 2020. This bill also incorporates proposed changes to the function of the BPELSG that arose out of the sunset review process including the merging of the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund; giving the BPELSG the authority to discipline a licensee for failure to respond to a request for information relating to a complaint investigation; and providing clarification of the licensure requirements for geologist.
BPELSG: Merging the Funds. During the 4th Extraordinary Session of 2009, the Legislature merged the Board for Professional Engineers and Land Surveyors and the Board for Geologists and Geophysicists, AB 20 X4 (Strickland), Chapter 18, Statutes of 2009-10 Fourth Extraordinary Session. At the time of the subsequent sunset review in 2012, the recommendation was to keep the funds of each board separate until the functions of the new board integrated. Initially, the licensing, enforcement, and administrative units of the BPELSG had separate personnel for geologists and geophysicists and for engineers and land surveyors. Presently, the activities and staff of these units are combined so each unit has authority to regulate all of the professions under the BPELSG. Despite the merger of these duties, funds are maintained separately as the Geology and Geophysics Account within the Professional Engineers and Land Surveyors Fund. This bill would combine the accounts to enable the BPELSG to fully integrate its operations and costs.
BPELSG: Enforcement Delays. One major issue raised in the sunset review hearing relating to the expeditious processing of a complaint is the lack of authority to require its licensees to respond to the BPELSG or to provide documents in response to a request during the course of a complaint investigation. One of the reasons for delays in the processing of investigations has been that staff gives the subject of the investigation ample time and opportunities to respond and provide documents during the investigation. However, licensees often think that if they do not respond, the complaint will simply be closed. While some cases are closed due to lack of substantive information in the complaint, this is unusual. In most cases, the BPELSG must either proceed based on the information on file or must expend additional time and resources such as referring the case to Division of Investigation with the Department of Consumer Affairs to obtain the information. Often, if the BPELSG had received this information in a timely fashion, the complaint could have been resolved without any further action being pursued against the licensee. Presently, the Contractors State License Board and the Medical Board of California have authority to pursue disciplinary action against a licensee who fails to respond to a request from an investigator in the course of an enforcement action. This bill gives the BPELSG the authority to initiate disciplinary action for a licensee that fails to respond to a written request by an investigator in the process of a complaint investigation.
BPELSG: Education Requirements for Geologists and Geophysicists. The BPELSG identified a concern relating to the licensure requirements for geologists. Under the Geology and Geophysics Act, a bachelor's degree in geology is required; however, the necessary coursework to qualify for licensure within a geology major it unclear. This education requirement has created some confusion in applicants looking for licensure. This results in an applicant being denied a license because upon review of the coursework, the applicant may not have insufficient education in the field. The BPELSG is examining how to better capture new graduates by clarifying this section of the Geology and Geophysicists Act. This bill authorizes the BPELSG to formulate the requirements for licensure through regulation.
BPELSG: Written Contract Requirement. Presently, all of the regulated professions require a written contract to be executed prior to performing professional services. The language in the Business and Professions Code provides a loophole that, according to the BPELSG, has been used by licensees at the potential detriment of consumers. Currently, the Business and Professions Code sections require that a contract include description of the procedure to be used by any party to terminate the contract rather than giving both parties the ability to terminate the contract. This provision has resulted in some licensees including only a provision giving the licensee the ability to terminate. This bill would clarify that the licensee must include language in a written contract about how both parties can terminate the contract.
CAB: Additional Path to Architectural Licensing Programs. Candidates for licensure may take the required examination after completing five years of education/experience. A new degree type is being developed that will integrate the national Intern Development Program into the degree programs, as well as course content that correlates with divisions of the national examination (Architect Registration Examination). Three California universities are developing Additional Path to Architectural Licensing programs and such programs have been vetted by the National Council of Architectural Registration Boards (of which CAB is a member). Before the three California schools finalize their programs and allocate significant resources, they require some level of assurance the CAB will accept their students for early testing prior to the five year point. This bill will provide the CAB authority to permit earlier testing, which would require subsequent action by the CAB.
Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301 FN: 0002359
AB 177
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 177
Amended: 9/4/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 7/6/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Professions and vocations: licensing boards
DIGEST: This bill extends the sunset date for the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee until January 1, 2020 and provides the California Architects Board the authority to allow students enrolled in an Additional Path to Architectural Licensing Program to take the national examination early.
Senate Floor Amendments of 9/4/15 remove chaptering conflicts.
Existing law:
Establishes the California Architects Board (CAB) within the Department of Consumer Affairs (DCA), which licenses and regulates professional architects under the Architects Practice Act. (BPC § 5500 et seq.)
Establishes the Landscape Architects Technical Committee (LATC), under the CAB, which licenses and regulates landscape architects. (BPC § 5615 et seq.)
Establishes the Professional Engineers Act, administered by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), within the DCA, which licenses and regulates professional engineers. (BPC § 6700 et seq.)
This
bill:
Extends the sunset date for the BPELSG, CAB, and the LATC from January 1, 2016 to January 1, 2020.
Creates the Professional Engineers, Land Surveyors, and Geologists Fund by merging the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund by July 1, 2016.
Until January 1, 2010, provides BPELSG the authority to discipline a licensee for failure to respond to a written request or information from the BPELSG resulting from the investigation of a complaint.
Clarifies that the written contract requirement for a licensee must contain a provision for both party's ability to terminate and the procedure for termination of a contract.
Gives the BPELSG the ability to develop the education standards for licensure as a geologist, geophysicist, or a geologist-in-training.
Provides the CAB the authority to allow students enrolled in an Additional Path to Architectural Licensing Program to take the national examination early.
Makes other technical and clarifying changes.
Background
In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities including the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a Background Paper on the aforementioned Boards and Committee, as well as the discussion stemming from the sunset hearing.
BPELSG. The BPELSG is charged with safeguarding the life, health, property, and public welfare by regulating the practices of professional engineering, land surveying, geology, and geophysics. The BPELSG provides this public service by qualifying and licensing individuals, establishing regulations, enforcing laws and regulations, and providing information so that consumers can make informed decisions. The vast majority of licensed engineers hold a college degree in engineering. Land surveyors make decisions and form opinions based upon interpretation of legal documents, field evidence, and the use of technically advanced instrumentation. Licensed geologists and geophysicists often obtain post-secondary degrees in earth sciences and devote many years of experience studying and interpreting historical data related to soils, earth dynamics, groundwater, and the effect those have on public improvements.
CAB and LATC. The CAB was created in 1901 by the Legislature to fulfill the mission of protecting the health, safety, and welfare of the public through the regulation of the practice of architecture. The CAB establishes regulations for the examination and licensing of the architecture profession in California, which today numbers approximately 21,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.
California began regulating the practice of landscape architecture in 1953. The LATC, under the purview of the CAB, was created by the Legislature to protect the health, safety, and welfare of the public by establishing license standards and enforcing the laws and regulations that govern the practice of landscape architecture in California. The LATC is responsible for the examination, licensure, and enforcement programs concerning landscape architects. The LATC currently licenses more than 3,500 of the over 16,400 licensed landscape architects in the United States. The mission of the LATC is to regulate the practice of landscape architecture in a manner which protects the public health, safety, and welfare and safeguards the environment, as specified.
Additional Path to Architectural Licensing Programs. Current law stipulates that candidates may take the examination after completing five years of education/experience. A new degree type is being developed that will integrate the national Intern Development Program into the degree programs, as well as course content that correlates with divisions of the national examination (Architect Registration Examination). Three California universities are developing “Additional Path to Architectural Licensing programs” and such programs have been vetted by the National Council of Architectural Registration Boards (of which CAB is a member). Before the three California schools finalize their programs and allocate significant resources, they require some level of assurance the Board will accept their students for early testing prior to the five year point. This bill will provide the Board authority to permit earlier testing will provide sufficient assurances to universities that the Board will authorize earlier testing. Subsequent regulations and/or amendments to the Architects Practice Act can provide additional implementation requirements or further authority.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, this bill will not result in any significant costs due to the extension of BPELSG, will result in potential one-time costs up to $150,000 for BPELSG to develop educational standards for geologists, geophysicists, and geologists-in-training and will not result in any significant costs due to the extension of CAB and LATC.
Board of Professional Engineers, Land Surveyors, and Geologists
California Council of the American Society of Landscape Architects
Professional Engineers in California Government
D. Woolley & Associates, Inc.
ARGUMENTS IN SUPPORT: Supporters like BPELSG believe that this bill would add a much needed cause for disciplinary action by the Board if a licensee or certificate holder fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder and state that continued licensure of these professionals are necessary to ensure ongoing public protection.
Supporters also believe that the LATC has a strong record in providing an appropriate balance between protecting the interest of consumers and regulating the practice of landscape architects through their licensing and regulatory programs.
ARGUMENTS IN OPPOSITION: D. Woolley & Associates, Inc. believes that one section of current law is overreaching and violates licensees’ constitutional rights and protections.
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Mark Mendoza / B., P. & E.D. / (916) 651-4104
9/9/15 10:55:11
**** END ****
AB 177
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 177
Amended: 9/4/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 7/6/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Professions and vocations: licensing boards
DIGEST: This bill extends the sunset date for the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee until January 1, 2020 and provides the California Architects Board the authority to allow students enrolled in an Additional Path to Architectural Licensing Program to take the national examination early.
Senate Floor Amendments of 9/4/15 remove chaptering conflicts.
Existing law:
Establishes the California Architects Board (CAB) within the Department of Consumer Affairs (DCA), which licenses and regulates professional architects under the Architects Practice Act. (BPC § 5500 et seq.)
Establishes the Landscape Architects Technical Committee (LATC), under the CAB, which licenses and regulates landscape architects. (BPC § 5615 et seq.)
Establishes the Professional Engineers Act, administered by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), within the DCA, which licenses and regulates professional engineers. (BPC § 6700 et seq.)
This
bill:
Extends the sunset date for the BPELSG, CAB, and the LATC from January 1, 2016 to January 1, 2020.
Creates the Professional Engineers, Land Surveyors, and Geologists Fund by merging the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund by July 1, 2016.
Until January 1, 2010, provides BPELSG the authority to discipline a licensee for failure to respond to a written request or information from the BPELSG resulting from the investigation of a complaint.
Clarifies that the written contract requirement for a licensee must contain a provision for both party's ability to terminate and the procedure for termination of a contract.
Gives the BPELSG the ability to develop the education standards for licensure as a geologist, geophysicist, or a geologist-in-training.
Provides the CAB the authority to allow students enrolled in an Additional Path to Architectural Licensing Program to take the national examination early.
Makes other technical and clarifying changes.
Background
In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities including the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a Background Paper on the aforementioned Boards and Committee, as well as the discussion stemming from the sunset hearing.
BPELSG. The BPELSG is charged with safeguarding the life, health, property, and public welfare by regulating the practices of professional engineering, land surveying, geology, and geophysics. The BPELSG provides this public service by qualifying and licensing individuals, establishing regulations, enforcing laws and regulations, and providing information so that consumers can make informed decisions. The vast majority of licensed engineers hold a college degree in engineering. Land surveyors make decisions and form opinions based upon interpretation of legal documents, field evidence, and the use of technically advanced instrumentation. Licensed geologists and geophysicists often obtain post-secondary degrees in earth sciences and devote many years of experience studying and interpreting historical data related to soils, earth dynamics, groundwater, and the effect those have on public improvements.
CAB and LATC. The CAB was created in 1901 by the Legislature to fulfill the mission of protecting the health, safety, and welfare of the public through the regulation of the practice of architecture. The CAB establishes regulations for the examination and licensing of the architecture profession in California, which today numbers approximately 21,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.
California began regulating the practice of landscape architecture in 1953. The LATC, under the purview of the CAB, was created by the Legislature to protect the health, safety, and welfare of the public by establishing license standards and enforcing the laws and regulations that govern the practice of landscape architecture in California. The LATC is responsible for the examination, licensure, and enforcement programs concerning landscape architects. The LATC currently licenses more than 3,500 of the over 16,400 licensed landscape architects in the United States. The mission of the LATC is to regulate the practice of landscape architecture in a manner which protects the public health, safety, and welfare and safeguards the environment, as specified.
Additional Path to Architectural Licensing Programs. Current law stipulates that candidates may take the examination after completing five years of education/experience. A new degree type is being developed that will integrate the national Intern Development Program into the degree programs, as well as course content that correlates with divisions of the national examination (Architect Registration Examination). Three California universities are developing “Additional Path to Architectural Licensing programs” and such programs have been vetted by the National Council of Architectural Registration Boards (of which CAB is a member). Before the three California schools finalize their programs and allocate significant resources, they require some level of assurance the Board will accept their students for early testing prior to the five year point. This bill will provide the Board authority to permit earlier testing will provide sufficient assurances to universities that the Board will authorize earlier testing. Subsequent regulations and/or amendments to the Architects Practice Act can provide additional implementation requirements or further authority.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, this bill will not result in any significant costs due to the extension of BPELSG, will result in potential one-time costs up to $150,000 for BPELSG to develop educational standards for geologists, geophysicists, and geologists-in-training and will not result in any significant costs due to the extension of CAB and LATC.
Board of Professional Engineers, Land Surveyors, and Geologists
California Council of the American Society of Landscape Architects
California Land Surveyors Association
Professional Engineers in California Government
D. Woolley & Associates, Inc.
ARGUMENTS IN SUPPORT: Supporters like BPELSG believe that this bill would add a much needed cause for disciplinary action by the Board if a licensee or certificate holder fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder and state that continued licensure of these professionals are necessary to ensure ongoing public protection.
Supporters also believe that the LATC has a strong record in providing an appropriate balance between protecting the interest of consumers and regulating the practice of landscape architects through their licensing and regulatory programs.
ARGUMENTS IN OPPOSITION: D. Woolley & Associates, Inc. believes that one section of current law is overreaching and violates licensees’ constitutional rights and protections.
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Mark Mendoza / B., P. & E.D. / (916) 651-4104
9/8/15 17:25:01
**** END ****
AB 177
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 177
Amended: 8/31/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 7/6/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Professions and vocations: licensing boards: authority: extension
DIGEST: This bill extends the sunset date for the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee until January 1, 2020 and provides the California Architects Board the authority to allow students enrolled in an Additional Path to Architectural Licensing Program to take the national examination early.
Existing law:
Establishes the California Architects Board (CAB) within the Department of Consumer Affairs (DCA), which licenses and regulates professional architects under the Architects Practice Act. (BPC § 5500 et seq.)
Establishes the Landscape Architects Technical Committee (LATC), under the CAB, which licenses and regulates landscape architects. (BPC § 5615 et seq.)
Establishes the Professional Engineers Act, administered by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), within the DCA, which licenses and regulates professional engineers. (BPC § 6700 et seq.)
This
bill:
Extends the sunset date for the BPELSG, CAB, and the LATC from January 1, 2016 to January 1, 2020.
Creates the Professional Engineers, Land Surveyors, and Geologists Fund by merging the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund by July 1, 2016.
Until January 1, 2010, provides BPELSG the authority to discipline a licensee for failure to respond to a written request or information from the BPELSG resulting from the investigation of a complaint.
Clarifies that the written contract requirement for a licensee must contain a provision for both party's ability to terminate and the procedure for termination of a contract.
Gives the BPELSG the ability to develop the education standards for licensure as a geologist, geophysicist, or a geologist-in-training.
Provides the CAB the authority to allow students enrolled in an Additional Path to Architectural Licensing Program to take the national examination early.
Makes other technical and clarifying changes.
Background
In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities including the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a Background Paper on the aforementioned Boards and Committee, as well as the discussion stemming from the sunset hearing.
BPELSG. The BPELSG is charged with safeguarding the life, health, property, and public welfare by regulating the practices of professional engineering, land surveying, geology, and geophysics. The BPELSG provides this public service by qualifying and licensing individuals, establishing regulations, enforcing laws and regulations, and providing information so that consumers can make informed decisions. The vast majority of licensed engineers hold a college degree in engineering. Land surveyors make decisions and form opinions based upon interpretation of legal documents, field evidence, and the use of technically advanced instrumentation. Licensed geologists and geophysicists often obtain post-secondary degrees in earth sciences and devote many years of experience studying and interpreting historical data related to soils, earth dynamics, groundwater, and the effect those have on public improvements.
CAB and LATC. The CAB was created in 1901 by the Legislature to fulfill the mission of protecting the health, safety, and welfare of the public through the regulation of the practice of architecture. The CAB establishes regulations for the examination and licensing of the architecture profession in California, which today numbers approximately 21,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.
California began regulating the practice of landscape architecture in 1953. The LATC, under the purview of the CAB, was created by the Legislature to protect the health, safety, and welfare of the public by establishing license standards and enforcing the laws and regulations that govern the practice of landscape architecture in California. The LATC is responsible for the examination, licensure, and enforcement programs concerning landscape architects. The LATC currently licenses more than 3,500 of the over 16,400 licensed landscape architects in the United States. The mission of the LATC is to regulate the practice of landscape architecture in a manner which protects the public health, safety, and welfare and safeguards the environment, as specified.
Additional Path to Architectural Licensing Programs. Current law stipulates that candidates may take the examination after completing five years of education/experience. A new degree type is being developed that will integrate the national Intern Development Program into the degree programs, as well as course content that correlates with divisions of the national examination (Architect Registration Examination). Three California universities are developing “Additional Path to Architectural Licensing programs” and such programs have been vetted by the National Council of Architectural Registration Boards (of which CAB is a member). Before the three California schools finalize their programs and allocate significant resources, they require some level of assurance the Board will accept their students for early testing prior to the five year point. This bill will provide the Board authority to permit earlier testing will provide sufficient assurances to universities that the Board will authorize earlier testing. Subsequent regulations and/or amendments to the Architects Practice Act can provide additional implementation requirements or further authority.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, this bill will not result in any significant costs due to the extension of BPELSG, will result in potential one-time costs up to $150,000 for BPELSG to develop educational standards for geologists, geophysicists, and geologists-in-training and will not result in any significant costs due to the extension of CAB and LATC.
Board of Professional Engineers, Land Surveyors, and Geologists
California Council of the American Society of Landscape Architects
California Land Surveyors Association
Professional Engineers in California Government
OPPOSITION: (Verified 8/31/15)
D. Woolley & Associates, Inc.
ARGUMENTS IN SUPPORT: Supporters like BPELSG believe that this bill would add a much needed cause for disciplinary action by the Board if a licensee or certificate holder fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder and state that continued licensure of these professionals are necessary to ensure ongoing public protection.
Supporters also believe that the LATC has a strong record in providing an appropriate balance between protecting the interest of consumers and regulating the practice of landscape architects through their licensing and regulatory programs.
ARGUMENTS IN OPPOSITION: D. Woolley & Associates, Inc. believes that one section of current law is overreaching and violates licensees’ constitutional rights and protections.
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Mark Mendoza / B., P. & E.D. / (916) 651-4104
8/31/15 15:15:58
**** END ****
AB 177 (Bonilla) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 177 (Bonilla) - Professions and vocations: licensing boards: authority: extension
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Version: June 30, 2015 |
Policy Vote: B., P. & E.D. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 27, 2015 |
Consultant: Brendan McCarthy |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 177 would extend the statutory sunset of the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee until January 1, 2020.
Fiscal Impact:
No significant costs are anticipated due to the extension of the sunset of the Board for Professional Engineers, Land Surveyors and Geologists (Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund). Current law imposes a sunset on the existence of the Board for Professional Engineers, Land Surveyors and Geologists as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of engineering, land surveying, and geology. If the Board was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Potential one-time costs up to $150,000 for the Board of Professional Engineers, Land Surveyors, and Geologists to develop educational standards for geologists, geophysicists, and geologists-in-training (Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund).
No significant costs are anticipated due to the extension of the sunset of the California Architects Board (California Architects Board Fund). Current law imposes a sunset on the existence of the California Architects Board as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of architecture. If the Board was allowed to sunset, the overall licensing and regulatory program would still exist in law.
No significant costs are anticipated due to the extension of the sunset of the Landscape Architects Technical Committee (Landscape Architects Fund). Current law imposes a sunset on the existence of the Landscape Architects Technical Committee as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of landscape architecture. If the Board was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Author Amendments:
Allow candidates for licensure before obtaining a degree in architecture and make technical corrections.
-- END --
AB 177 (Bonilla) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 177 (Bonilla) - Professions and vocations: licensing boards: authority: extension
|
|
Version: June 30, 2015 |
Policy Vote: B., P. & E.D. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 17, 2015 |
Consultant: Brendan McCarthy |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 177 would extend the statutory sunset of the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee until January 1, 2020.
Fiscal Impact:
No significant costs are anticipated due to the extension of the sunset of the Board for Professional Engineers, Land Surveyors and Geologists (Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund). Current law imposes a sunset on the existence of the Board for Professional Engineers, Land Surveyors and Geologists as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of engineering, land surveying, and geology. If the Board was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Potential one-time costs up to $150,000 for the Board of Professional Engineers, Land Surveyors, and Geologists to develop educational standards for geologists, geophysicists, and geologists-in-training (Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund).
No significant costs are anticipated due to the extension of the sunset of the California Architects Board (California Architects Board Fund). Current law imposes a sunset on the existence of the California Architects Board as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of architecture. If the Board was allowed to sunset, the overall licensing and regulatory program would still exist in law.
No significant costs are anticipated due to the extension of the sunset of the Landscape Architects Technical Committee (Landscape Architects Fund). Current law imposes a sunset on the existence of the Landscape Architects Technical Committee as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of landscape architecture. If the Board was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Background:
Under current law, the Board for Professional Engineers, Land Surveyors, and Geologists licenses and regulates engineers, land surveyors, and geologists. Current law sunsets the operation of the Board on January 1, 2016. Current law specifies that individuals seeking licensure as a geologist must have graduated with a major in geological sciences. Under current law, the Board is supported by license fees deposited in both the Geology and Geophysics Account and the Professional Engineers and Land Surveyors Fund.
Under current law, the California Architects Board licenses and regulates architects. Current law sunsets the operation of the Board on January 1, 2016.
Under current law, the Landscape Architects Technical Committee (under the California Architects Board) licenses and regulates landscape architects. Current law sunsets the operation of the Committee on January 1, 2016.
Proposed Law:
AB 177 would extend the statutory sunset of the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee until January 1, 2020.
In addition, the bill would make several minor changes to the operation of the Board for Professional Engineers, Land Surveyors, and Geologists. Specifically, the bill would combine the Geology and Geophysics Account and the Professional Engineers and Land Surveyors Fund (both overseen by the Board) into a new Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. The bill would give the Board authority to discipline a licensee for failure to respond to a request for information stemming from a complaint. The bill would give the Board the authority to develop education standards for licensure as a geologist, geophysicist, or geologist-in-training, rather than relying exclusively on the degree awarded to an applicant.
Staff Comments:
Consistent with current practice for the Geology and Geophysics Account and the Professional Engineers and Land Surveyors Fund, the bill would continuously appropriate the monies in the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.
-- END --
AB 177 (Bonilla) Page 7 of 7
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 177 Hearing Date: July 6, 2015
Author: |
Bonilla |
||
Version: |
June 30, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Mark Mendoza |
||
Subject: Professions and vocations: licensing boards: authority: extension.
SUMMARY:
Extends the sunset date for the Board for Professional Engineers, Land Surveyors, and Geologists, the California Architects Board, and the Landscape Architects Technical Committee until January 1, 2020.
Existing law:
Establishes the California Architects Board (CAB) within the Department of Consumer Affairs (DCA), which licenses and regulates professional architects under the Architects Practice Act. (BPC § 5500 et seq.)
Establishes the Landscape Architects Technical Committee (LATC), under the CAB, which licenses and regulates landscape architects. (BPC § 5615 et seq.)
Establishes the Professional Engineers Act, administered by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), within the DCA, which licenses and regulates professional engineers. (BPC § 6700 et seq.)
Creates the BPELSG within the DCA and extends the operation of the BPELSG until January 1, 2016. (Business and Professions Code (BPC) § 6710)
Defines the Professional Engineer's and Land Surveyor's Fund as a single special fund. (BPC § 6797; 8800)
Establishes the Geologist and Geophysicists Act, administered by the BPELSG, within the DCA, which licenses and regulates professional geologists and geophysicists. (BPC § 7800 et seq.)
Defines the Geology and Geophysicists Account within the Professional Engineers and Land Surveyors Fund. (BPC §§ 7885-7886)
Establishes the Land Surveyor's Act, administered by the BPELSG, within the DCA, which licenses and regulates the practice of land surveying. (BPC § 8700 et seq.)
This
bill:
Extends the sunset date for the BPELSG, CAB, and the LATC from January 1, 2016 to January 1, 2020.
Creates the Professional Engineers, Land Surveyors, and Geologists Fund by merging the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund, as specified.
Gives the BPELSG the authority to discipline a licensee for failure to respond to a written request or information from the BPELSG stemming from complaint investigation.
Clarifies that the written contract requirement for a licensee must contain a provision for both party's ability to terminate and the procedure for termination of a contract.
Gives the BPELSG the ability to develop the education standards for licensure as a geologist, geophysicist, or a geologist-in-training.
Adds a sunset date to the specific section regarding failure to respond.
Makes other technical and clarifying changes.
FISCAL EFFECT:
This bill is keyed “fiscal” by Legislative Counsel. According to the Assembly Appropriations Committee dated May 13, 2015, this bill will result in:
On-going annual Special Fund costs of approximately $9.6 million (Professional Engineer's and Land Surveyor's Fund) and $1.4 million (Geology and Geophysics Account) to extend the BPELSG beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
On-going annual Special Fund costs of approximately $3.9 million (California Architects Board Fund) to extend the CAB beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
On-going annual Special Fund costs of approximately $1.0 million (Landscape Architects Fund) to extend the LATC beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
Purpose. The Author is the Sponsor of this bill. According to the Author, "This bill is necessary to ensure that consumers continue to be protected through the ongoing licensure and regulation of architects, landscape architects, engineers, land surveyors, and geologists."
Oversight Hearings and Sunset Review of Licensing Boards and Programs. In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities: California Accountancy Board; California Architects Board and Landscape Architects Committee; California State Athletic Commission; Board of Barbering and Cosmetology; Cemetery and Funeral Bureau; Contractors State License Board; Dental Board of California; Board for Professional Engineers, Land Surveyors and Geologists; Board of Registered Nursing; Bureau of Security and Investigative Services; and Board of Vocational Nursing and Psychiatric Technicians.
The Committees began their review of the aforementioned licensing agencies in March and conducted two days of hearings. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed by the Committees for this year.
In response to the recommendations in the background paper and the sunset hearing, this bill extends the sunset date for the BPELSG, the CAB, and the LATC from January 1, 2016, to January 1, 2020. This bill also incorporates proposed changes to the function of the BPELSG that arose out of the sunset review process including the merging of the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund; giving the BPELSG the authority to discipline a licensee for failure to respond to a requires for information relating to a complaint investigation; and providing clarification of the licensure requirements for geologist.
Board for Professional Engineers, Land Surveyors, and Geologists. The BPELSG is charged with safeguarding the life, health, property, and public welfare by regulating the practices of professional engineering, land surveying, geology, and geophysics. The BPELSG provides this public service by qualifying and licensing individuals, establishing regulations, enforcing laws and regulations, and providing information so that consumers can make informed decisions.
The complexity of engineering, land surveying, geology, and geophysics projects necessitates a very high degree of technical knowledge and skill which is typically only acquired after many years of experience. The vast majority of licensed engineers hold a college degree in engineering. Land surveyors make decisions and form opinions based upon interpretation of legal documents, field evidence, and the use of technically advanced instrumentation. Licensed geologists and geophysicists often obtain post-secondary degrees in earth sciences and devote many years of experience studying and interpreting historical data related to soils, earth dynamics, groundwater, and the effect those have on public improvements.
Merging the Funds. During the 4th Extraordinary Session of 2009, the Legislature merged the Board for Professional Engineers and Land Surveyors and the Board for Geologists and Geophysicists, ABX4-20 (Strickland, Chapter 18, Statutes of 2009). At the time of the subsequent sunset review in 2012, the recommendation was to keep the funds of each board separate until the functions of the new board integrated. Initially, the Licensing, Enforcement, and Administrative units of the BPELSG had separate personnel for geologists and geophysicists and for engineers and land surveyors. Presently, the activities and staff of these units are combined so each unit has authority to regulate all of the professions under the BPELSG. Despite the merger of these duties, funds are maintained separately as the Geology and Geophysics Account within the Professional Engineers and Land Surveyors Fund. By fiscal year 2015-16, the reserve in the Geology and Geophysics account is predicted to reach a level that would require a fee increase. The Professional Engineers and Land Surveyors Fund is predicted to remain solvent. This division of funds is the last remnant of the merger. This bill would combine the accounts to enable the BPELSG to fully integrate its operations and costs.
Enforcement Delays. One major issue raised in the sunset review hearing that interferes with the expeditious processing of a complaint is the lack of authority to require its licensees to respond to the Board or to provide documents related to a project which the Enforcement Unit may request during the course of a complaint investigation. One of the reasons for delays in the processing of investigations has been that staff gives the subject of the investigation ample time and opportunities to respond and provide documents during the investigation. However, what typically transpires is that the licensed subjects often think that if they do not respond, the complaint will simply be closed. While some cases are closed due to lack of substantive information in the complaint, this is unusual. In most cases, the BPELSG must either proceed based on the information on file or must expend additional time and resources such as referring the case to the Division of Investigation within the DCA to obtain the information. Often, if the BPELSG had received this information in a timely fashion, the complaint could have been resolved without any further action being pursued against the licensee. Presently, the Contractors’ State License Board and the California Medical Board have the authority to pursue disciplinary action against a licensee who fails to respond to a request from an investigator in the course of an enforcement action. This bill gives the BPELSG the authority to initiate disciplinary action for a licensee that fails to respond to a written request by an investigator in the process of a complaint investigation.
Education Requirements for Geologists and Geophysicists. During the sunset review process, the BPELSG identified a concern relating to the licensure requirements for geologists. Under the Geology and Geophysics Act, a bachelor's degree in geology is required, however, the necessary coursework to qualify for licensure within a geology major it unclear. Presently, the narrow definition of the education requirement of having graduated with a degree in geology has created some confusion in applicants looking for licensure. This results in an applicant being denied a license because upon review of the coursework the applicant has insufficient education in the field. The BPELSG is examining how to better capture new graduates by clarifying this section of the Geology and Geophysicists Act. This bill authorizes the BPELSG to formulate the requirements for licensure through regulation.
Written Contract Requirement. Presently, most of the regulated trade professions have the requirement that a written contract be executed prior to performing professional services. The language in the BPC provides a loophole that according to the BPELSG has been used by licensees at the potential detriment of consumers. Currently, the BPC sections require that a contract include description of the procedure to be used by any party to terminate the contract rather than giving both parties the ability to terminate the contract. This provision has resulted in some licensees including only a provision giving the licensee the ability to terminate. This bill would clarify that the licensee must include language in a written contract about how both parties can terminate the contract.
CAB and LATC. The CAB was created in 1901 by the Legislature to fulfill the mission of protecting the health, safety, and welfare of the public through the regulation of the practice of architecture. The CAB establishes regulations for the examination and licensing of the architecture profession in California, which today numbers approximately 21,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.
California began regulating the practice of landscape architecture in 1953. The LATC, under the purview of the CAB, was created by the Legislature to protect the health, safety, and welfare of the public by establishing license standards and enforcing the laws and regulations that govern the practice of landscape architecture in California. The LATC is responsible for the examination, licensure, and enforcement programs concerning landscape architects. The LATC currently licenses more than 3,500 of the over 16,400 licensed landscape architects in the United States. The mission of the LATC is to regulate the practice of landscape architecture in a manner which protects the public health, safety, and welfare and safeguards the environment, as specified.
In fulfilling their missions, the CAB and the LATC have found that acting preventively and proactively is the best use of its resources. Because of the nature of the design profession, there are numerous opportunities to prevent minor problems from becoming disasters. As such, the CAB and the LATC works to aggressively address issues well before they exacerbate into catastrophes. In the CAB's Enforcement Program, for example, this means cooperatively working with building departments through the CAB's first-of-its-kind Building Official Contact Program. The CAB and the LATC work closely with professional groups to ensure that licensees understand changes in laws, codes, and standards, and monitor changes in industry and the environment to ensure licensure and regulation reflect current needs. The CAB and the LATC also invest in communicating with consumers, schools, licensed professionals, and related professions and organizations. To ensure the effectiveness of these endeavors, the CAB and the LATC works to upgrade and enhance its communications by constantly seeking feedback and analyzing the results of its communications efforts.
Review of the CAB and LATC Issues. While the Committees raised a number of issues relating to the CAB and the LATC, none required any statutory changes. As a result, the only change necessary was the extension of the CAB and the LATC until January 1, 2020.
Related Legislation This Year. SB 465 (Hill) extends the operation of the Contractors’ State License Board until 2020 and makes various changes to the Contractors’ State License Law. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 466 (Hill) sunsets the Board of Registered Nursing. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 467 (Hill) extends the operation of the California Board of Accountancy until 2020 and makes various changes in regards to the DCA. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 468 (Hill) extends the operation of the Bureau of Security and Investigative Services and the Alarm Company Act, Locksmith Act, Private Investigator Act, Private Security Services Act, Proprietary Security Services Act, and Collateral Recovery Act until January 1, 2020. It also subjects the Bureau to review by the appropriate committees of the Legislature and makes various changes to provisions in the aforementioned Acts to improve the oversight, enforcement and regulation by the Bureau of licensees under each Act. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 469 (Hill) extends the operation of the California State Athletic Commission until January 1, 2020. Makes changes to the laws governing the Commission’s operations and the Commission’s oversight of professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of full contact martial arts contests, including mixed martial arts and matches or exhibitions conducted, held or given in California. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
AB 178 (Bonilla) extends the operation of the Board of Vocational Nursing and Psychiatric Technicians until January 1, 2020. (Status: The bill is pending in the Senate Appropriations Committee.)
AB 179 (Bonilla) extends the operation of the Dental Board of California until January 1, 2020. (Status: The bill is also set for a hearing before this Committee on July 6.)
AB 180 (Bonilla) extends the operation of the Cemetery and Funeral Bureau until January 1, 2020. (Status: The bill is also set for a hearing before this Committee on July 6.)
AB 181 (Bonilla) extends the operation of the California State Board of Barbering and Cosmetology (BBC) until January 1, 2020. Makes changes to the laws governing the Board’s regulation of barbers, cosmetologists, estheticians, electrologists, manicurists, apprentices and establishments. (Status: The bill is also set for a hearing before this Committee on July 6.)
AB 320 (Wood) adds the title “environmental engineer” to the list of professional engineers currently given Title Act protection and prevents a person from using that title unless licensed by the Board for Professional Engineers, Land Surveyors, and Geologists. This bill also exempts licensed civil, electrical, and mechanical engineers from additional qualifications to use the title, "environmental engineer.” (Status: The bill is also set for a hearing before this Committee on July 6.)
Arguments in Support. The Board of Professional Engineers, Land Surveyors, and Geologists writes, “AB 177 would merge the Geology and Geophysics Account of the Professional Engineer’s and Land Surveyor’s Fund into the fund, which would be renamed the Professional Engineer’s, Land Surveyor’s and Geologist’s Fund. Additionally, AB 177 would add a much needed cause for disciplinary action by the Board if a licensee or certificate holder fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.”
The Professional Engineers in California Government underscores that “continued licensure of these professional are necessary to ensure ongoing public protection.”
The California Council of the American Society of Landscape Architects highlights that “the LATC has a strong record in providing an appropriate balance between protecting the interest of consumers and regulating the practice of landscape architects through their licensing and regulatory programs.”
Arguments in Opposition. D. Wolley & Associates, Inc. writes in opposition, underscoring that “Section 8780.2 is overreaching and violates licensees’ constitutional rights and protections.”
Technical Amendments. On page 8, line 29 of the bill, the bill should read, “This section shall become operative on July 1,
20172016.” The Author has agreed to take this technical amendment on the Senate Floor.
SUPPORT AND OPPOSITION:
Support:
Board of Professional Engineers, Land Surveyors, and Geologists
California Council of the American Society of Landscape Architects
California Land Surveyors Association
Professional Engineers in California Government
Opposition:
D. Wolley & Associates, Inc.
-- END --
AB 177
Page 3
ASSEMBLY THIRD READING
AB 177
(Bonilla)
As Amended April 23, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Business & Professions |
14-0 |
Bonilla, Jones, Baker, Bloom, Burke, Chang, Dodd, Eggman, Gatto, Holden, Mullin, Ting, Wilk, Wood |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Extends the sunset date for the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), the California Architects Board (CAB), and the Landscape Architects Technical Committee (LATC) until January 1, 2020. Specifically, this bill:
Extends the sunset date for the BPELSG, CAB, and the LATC from January 1, 2016, to January 1, 2020.
Creates the Professional Engineers, Land Surveyors, and Geologists Fund by merging the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund.
Gives the BPELSG the authority to discipline a licensee for failure to respond to a written request or information from the BPELSG stemming from a complaint investigation.
Clarifies that the written contract requirement for a licensee must contain a provision for both parties' ability to terminate and the procedure for termination of a contract.
Authorizes the BPELSG to develop the education standards for licensure as a geologist, geophysicist, or a geologist-in-training.
Makes other conforming and non-substantive changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
On-going annual Special Fund costs of approximately $9.6 million (Professional Engineer's and Land Surveyor's Fund) and $1.4 million (Geology and Geophysics Account) to extend the BPELSG beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
On-going annual Special Fund costs of approximately $3.9 million (California Architects Board Fund) to extend the CAB beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
On-going annual Special Fund costs of approximately $1.0 million (Landscape Architects Fund) to extend the LACT beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
Purpose. This bill is author sponsored. According to the author, "This bill is necessary to ensure that consumers continue to be protected through the ongoing licensure and regulation of architects, landscape architects, engineers, land surveyors, and geologists."
Sunset Review. On March 18th, 2015, the Assembly Business and Professions Committee and the Senate Business, Professions, and Economic Development Committee held a "sunset review" hearing for the BPELSG, the CAB, and the LATC. As part of the Sunset Review, the BPELSG, the CAB, and the LATC each prepared a sunset report, which was submitted to the committees and committee staff prepared a background paper on each board.
A "sunset review" is a performance review of a state agency by the Legislature aimed at determining whether that agency should continue to exist, and if so, whether any statutory reforms are needed to increase the agency's effectiveness. Sunset review is triggered by the statutory expiration date for the agency, which is commonly called a "sunset." Without an extension of this sunset date, the boards will cease to exist.
In response to the recommendations in the background paper and the sunset hearing, this bill extends the sunset date for the BPELSG, the CAB, and the LATC from January 1, 2016, to January 1, 2020. This bill also incorporates proposed changes to the function of the BPELSG that arose out of the sunset review process including the merging of the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund; giving the BPELSG the authority to discipline a licensee for failure to respond to a request for information relating to a complaint investigation; and providing clarification of the licensure requirements for geologist.
BPELSG: Merging the Funds. During the 4th Extraordinary Session of 2009, the Legislature merged the Board for Professional Engineers and Land Surveyors and the Board for Geologists and Geophysicists, AB 20 X4 (Strickland), Chapter 18, Statutes of 2009-10 Fourth Extraordinary Session. At the time of the subsequent sunset review in 2012, the recommendation was to keep the funds of each board separate until the functions of the new board integrated. Initially, the licensing, enforcement, and administrative units of the BPELSG had separate personnel for geologists and geophysicists and for engineers and land surveyors. Presently, the activities and staff of these units are combined so each unit has authority to regulate all of the professions under the BPELSG. Despite the merger of these duties, funds are maintained separately as the Geology and Geophysics Account within the Professional Engineers and Land Surveyors Fund. This bill would combine the accounts to enable the BPELSG to fully integrate its operations and costs.
BPELSG: Enforcement Delays. One major issue raised in the sunset review hearing relating to the expeditious processing of a complaint is the lack of authority to require its licensees to respond to the BPELSG or to provide documents in response to a request during the course of a complaint investigation. One of the reasons for delays in the processing of investigations has been that staff gives the subject of the investigation ample time and opportunities to respond and provide documents during the investigation. However, licensees often think that if they do not respond, the complaint will simply be closed. While some cases are closed due to lack of substantive information in the complaint, this is unusual. In most cases, the BPELSG must either proceed based on the information on file or must expend additional time and resources such as referring the case to Division of Investigation with the Department of Consumer Affairs to obtain the information. Often, if the BPELSG had received this information in a timely fashion, the complaint could have been resolved without any further action being pursued against the licensee. Presently, the Contractors State License Board and the Medical Board of California have authority to pursue disciplinary action against a licensee who fails to respond to a request from an investigator in the course of an enforcement action. This bill gives the BPELSG the authority to initiate disciplinary action for a licensee that fails to respond to a written request by an investigator in the process of a complaint investigation.
BPELSG: Education Requirements for Geologists and Geophysicists. The BPELSG identified a concern relating to the licensure requirements for geologists. Under the Geology and Geophysics Act, a bachelor's degree in geology is required; however, the necessary coursework to qualify for licensure within a geology major it unclear. This education requirement has created some confusion in applicants looking for licensure. This results in an applicant being denied a license because upon review of the coursework, the applicant may not have insufficient education in the field. The BPELSG is examining how to better capture new graduates by clarifying this section of the Geology and Geophysicists Act. This bill authorizes the BPELSG to formulate the requirements for licensure through regulation.
BPELSG: Written Contract Requirement. Presently, all of the regulated professions require a written contract to be executed prior to performing professional services. The language in the Business and Professions Code provides a loophole that, according to the BPELSG, has been used by licensees at the potential detriment of consumers. Currently, the Business and Professions Code sections require that a contract include description of the procedure to be used by any party to terminate the contract rather than giving both parties the ability to terminate the contract. This provision has resulted in some licensees including only a provision giving the licensee the ability to terminate. This bill would clarify that the licensee must include language in a written contract about how both parties can terminate the contract.
Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301 FN: 0000678
AB 177
Page 2
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 177
(Bonilla) – As Amended April 23, 2015
Policy Committee: |
Business and Professions |
Vote: |
14 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill extends the sunset date for the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), the California Architects Board (CAB), and the Landscape Architects Technical Committee (LATC) from January 1, 2016, to January 1, 2020.
FISCAL EFFECT:
On-going annual Special Fund costs of approximately $9.6 million (Professional Engineer's and Land Surveyor's Fund) and $1.4 million (Geology and Geophysics Account) to extend the BPELSG beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
On-going annual Special Fund costs of approximately $3.9 million (California Architects Board Fund) to extend the CAB beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
On-going annual Special Fund costs of approximately $1.0 million (Landscape Architects Fund) to extend the LACT beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills. On March 18th, 2015, the Assembly Business and Professions Committee and the Senate Business, Professions, and Economic Development Committee held a "sunset review" hearing for the BPELSG, the CAB, and the LATC. In response to the recommendations in the background paper and the sunset hearing, this bill extends the sunset date for the BPELSG, the CAB, and the LATC from January 1, 2016, to January 1, 2020, and incorporates changes to the BPELSG that arose out of the sunset review process.
According to the author, "This bill is necessary to ensure that consumers continue to be protected through the ongoing licensure and regulation of architects, landscape architects, engineers, land surveyors, and geologists."
Background. BPELSG. The BPELSG regulates the practices of professional engineering, land surveying, geology, and geophysics. The BPELSG duties include qualifying and licensing individuals, establishing regulations, enforcing laws and regulations, and providing information so that consumers can make informed decisions. The BPELSG licenses and regulates more than 78,400 professional civil, mechanical, and electrical engineers, 4,200 land surveyors, 5,300 geologists and geophysicists, over 14,600 others.
CAB and LATC. The CAB regulates the practice of architecture in California. It establishes regulations for the examination and licensing of the architecture profession in California, which today numbers approximately 21,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The LATC, under the purview of the CAB, was created to establish license standards and enforce the laws and regulations that govern the practice of landscape architecture in California. The LATC currently licenses more than 3,500 of the over 16,400 licensed landscape architects in the United States.
Current Legislation. AB 320 (Wood), pending on the Assembly Floor, adds the title “environmental engineer” to the list of professional engineers currently given Title Act protection and prevents a person from using that title unless licensed by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG). The bill also exempts licensed civil, electrical, and mechanical engineers from additional qualifications to use the title, "environmental engineer."
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 177
Page 6
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 177
(Bonilla) – As Amended April 23, 2015
SUBJECT: Professions and vocations: licensing boards: authority: extension.
SUMMARY: Extends the sunset date for the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), the California Architects Board (CAB), and the Landscape Architects Technical Committee (LATC) until January 1, 2020.
EXISTING LAW:
Creates the BPELSG within the Department of Consumer Affairs (DCA) and extends the operation of the BPELSG until January 1, 2016. (Business and Professions Code (BPC) Section 6710)
Establishes the Professional Engineers Act, administered by the BPELSG, within the DCA, which licenses and regulates professional engineers. (BPC Section 6700 et seq.)
Establishes the Land Surveyor's Act, administered by the BPELSG, within the DCA, which licenses and regulates the practice of land surveying. (BPC Section 8700 et seq.)
Defines the Professional Engineer's and Land Surveyor's Fund as a single special fund. (BPC Sections 6797 and 8800)
Establishes the Geologist and Geophysicists Act, administered by the BPELSG, within the DCA, which licenses and regulates professional geologists and geophysicists. (BPC Section 7800 et seq.)
Defines the Geology and Geophysicists Account within the Professional Engineers and Land Surveyors Fund. (BPC Sections 7885 and 7886)
Establishes the California Architects Board within the DCA, which licenses and regulates professional architects under the Architects Practice Act. (BPC Section 5500 et seq.)
Establishes the Landscape Architects Technical Committee, under the CAB, which licenses and regulates landscape architects. (BPC Section 5615 et seq.)
THIS BILL:
Extends the sunset date for the BPELSG, CAB, and the LATC from January 1, 2016 to January 1, 2020.
Creates the Professional Engineers, Land Surveyors, and Geologists Fund by merging the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund.
Gives the BPELSG the authority to discipline a licensee for failure to respond to a written request or information from the BPELSG stemming from complaint investigation.
Clarifies that the written contract requirement for a licensee must contain a provision for both party's ability to terminate and the procedure for termination of a contract.
Gives the BPELSG the ability to develop the education standards for licensure as a geologist, geophysicist, or a geologist-in-training.
Makes other conforming and nonsubstantive changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is author sponsored. According to the author, "This bill is necessary to ensure that consumers continue to be protected through the ongoing licensure and regulation of architects, landscape architects, engineers, land surveyors, and geologists."
Sunset Review. On March 18th, 2015, the Assembly Business and Professions Committee and the Senate Business, Professions, and Economic Development Committee held a "sunset review" hearing for the BPELSG, the CAB, and the LATC. As part of the Sunset Review, the BPELSG, the CAB, and the LATC each prepared a sunset report, which was submitted to the Committees and Committee staff prepared a background paper on each board.
A "sunset review" is a performance review of a state agency by the Legislature aimed at determining whether that agency should continue to exist, and if so, whether any statutory reforms are needed to increase the agency's effectiveness. Sunset review is triggered by the statutory expiration date for the agency, which is commonly called a “sunset.” Without an extension of this sunset date, the boards will cease to exist.
In response to the recommendations in the background paper and the sunset hearing, this bill extends the sunset date for the BPELSG, the CAB, and the LATC from January 1, 2016, to January 1, 2020. This bill also incorporates proposed changes to the function of the BPELSG that arose out of the sunset review process including the merging of the Geology and Geophysics Account with the Professional Engineers and Land Surveyors Fund; giving the BPELSG the authority to discipline a licensee for failure to respond to a requires for information relating to a complaint investigation; and providing clarification of the licensure requirements for geologist.
BPELSG. The BPELSG is charged with safeguarding the life,
health, property, and public welfare by regulating the practices of
professional engineering, land surveying, geology, and geophysics.
The BPELSG provides this public service by qualifying and licensing
individuals, establishing regulations, enforcing laws and
regulations, and providing information so that consumers can make
informed decisions.
The complexity of engineering, land surveying, geology, and geophysics projects necessitates a very high degree of technical knowledge and skill which is typically only acquired after many years of experience. The vast majority of licensed engineers hold a college degree in engineering. Land surveyors make decisions and form opinions based upon interpretation of legal documents, field evidence, and the use of technically advanced instrumentation. Licensed geologists and geophysicists often obtain post-secondary degrees in earth sciences and devote many years of experience studying and interpreting historical data related to soils, earth dynamics, groundwater, and the effect those have on public improvements.
Merging the Funds. During the 4th Extraordinary Session of 2009, the Legislature merged the Board for Professional Engineers and Land Surveyors and the Board for Geologists and Geophysicists, ABx4 20 (Strickland, Chapter 18, Statutes of 2009). At the time of the subsequent sunset review in 2012, the recommendation was to keep the funds of each board separate until the functions of the new board integrated. Initially, the Licensing, Enforcement, and Administrative units of the BPELSG had separate personnel for geologists and geophysicists and for engineers and land surveyors. Presently, the activities and staff of these units are combined so each unit has authority to regulate all of the professions under the BPELSG. Despite the merger of these duties, funds are maintained separately as the Geology and Geophysics Account within the Professional Engineers and Land Surveyors Fund. By fiscal year 2015-16, the reserve in the Geology and Geophysics account is predicted to reach a level that would require a fee increase. The Professional Engineers and Land Surveyors Fund is predicted to remain solvent. This division of funds is the last remnant of the merger. This bill would combine the accounts to enable the BPELSG to fully integrate its operations and costs.
Enforcement Delays. One major issue raised in the sunset review hearing that interferes with the expeditious processing of a complaint is the lack of authority to require its licensees to respond to the Board or to provide documents related to a project which the Enforcement Unit may request during the course of a complaint investigation. One of the reasons for delays in the processing of investigations has been that staff gives the subject of the investigation ample time and opportunities to respond and provide documents during the investigation. However, what typically transpires is that the licensed subjects often think that if they do not respond, the complaint will simply be closed. While some cases are closed due to lack of substantive information in the complaint, this is unusual. In most cases, the BPELSG must either proceed based on the information on file or must expend additional time and resources such as referring the case to Division of Investigation with the DCA) to obtain the information. Often, if the BPELSG had received this information in a timely fashion, the complaint could have been resolved without any further action being pursued against the licensee. Presently, the State Board of Licensed Contractors and the California Medical Board has authority to pursue disciplinary action against a licensee who fails to respond to a request from an investigator in the course of an enforcement action. This bill gives the BPELSG the authority to initiate disciplinary action for a licensee that fails to respond to a written request by an investigator in the process of a complaint investigation.
Education Requirements for Geologists and Geophysicists. During the sunset review process, the BPELSG identified a concern relating to the licensure requirements for geologists. Under the Geology and Geophysics Act, a bachelor's degree in geology is required, however, the necessary coursework to qualify for licensure within a geology major it unclear. Presently, the narrow definition of the education requirement of having graduated with a degree in geology has created some confusion in applicants looking for licensure. This results in an applicant being denied a license because upon review of the coursework the applicant has insufficient education in the field. The BPELSG is examining how to better capture new graduates by clarifying this section of the Geology and Geophysicists Act. This bill authorizes the BPELSG to formulate the requirements for licensure through regulation.
Written Contract Requirement. Presently, all of the professions regulated have the requirement that a written contract be executed prior to performing professional services. The language in the BPC provides a loophole that according to the BPELSG has been used by licensees at the potential detriment of consumers. Currently, the BPC sections require that a contract include description of the procedure to be used by any party to terminate the contract rather than giving both parties the ability to terminate the contract. This provision has resulted in some licensees including only a provision giving the licensee the ability to terminate. This bill would clarify that the licensee must include language in a written contract about how both parties can terminate the contract.
CAB and LATC. The CAB was created in 1901 by the Legislature to fulfill the mission of protecting the health, safety, and welfare of the public through the regulation of the practice of architecture. The CAB establishes regulations for the examination and licensing of the architecture profession in California, which today numbers approximately 21,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.
California began regulating the practice of landscape architecture in 1953. The LATC, under the purview of the CAB, was created by the Legislature to protect the health, safety, and welfare of the public by establishing license standards and enforcing the laws and regulations that govern the practice of landscape architecture in California. The LATC is responsible for the examination, licensure, and enforcement programs concerning landscape architects. The LATC currently licenses more than 3,500 of the over 16,400 licensed landscape architects in the United States. The mission of the LATC is to regulate the practice of landscape architecture in a manner which protects the public health, safety, and welfare and safeguards the environment, as specified.
In fulfilling their missions, the CAB and the LATC have found that acting preventively and proactively is the best use of its resources. Because of the nature of the design profession, there are numerous opportunities to prevent minor problems from becoming disasters. As such, the CAB and the LATC works to aggressively address issues well before they exacerbate into catastrophes. In the CAB's Enforcement Program, for example, this means cooperatively working with building departments through the CAB's first-of-its-kind Building Official Contact Program. The CAB and the LATC work closely with professional groups to ensure that licensees understand changes in laws, codes, and standards, and monitor changes in industry and the environment to ensure licensure and regulation reflect current needs. The CAB and the LATC also invest in communicating with consumers, schools, licensed professionals, and related professions and organizations. To ensure the effectiveness of these endeavors, the CAB and the LATC works to upgrade and enhance its communications by constantly seeking feedback and analyzing the results of its communications efforts.
Review of the CAB and LATC Issues. While the Committees raised a number of issues relating to the CAB and the LATC, none required any statutory changes. As a result, the only change necessary was the extension of the CAB and the LATC until January 1, 2020. The following are some of issues pertaining to the CAB and LATC reviewed and discussed by the Committees during the review of the Bureau, along with background information concerning each particular issue. Recommendations were made by Committee staff regarding the particular issues or problem areas which needed to be addressed.
Issue: Travel Restrictions. Several boards have reported difficulty receiving approval on in-state and out-of-state travel. Like many other professional licensing boards, the CAB relies upon a national examination, the Architect Registration Examination (ARE), which is developed, administered, and scored by National Council of Architectural Registration Boards (NCARB), and NCARB's intern development program in lieu of its own. Additionally, the CAB relies upon NCARB's Certificate when granting reciprocity for out-of-state licensees. The CAB's involvement in NCARB efforts, like the practice analysis, helps ensure that NCARB projects, programs, and policies reflect California's needs. In addition, LATC relies upon a national examination, the Landscape Architect Registration Examination, which is developed, administered, and scored by the Council of Landscape Architectural Registration Boards (CLARB). As such, the CAB's and LATC's participation is critical to ensure California’s interests are expressed and that the boards are given consideration in decisions that affect California stakeholders. While the cost of a Board Member traveling to an out-of-state meeting is a fraction of a percent of the board's budget, attendance can yield exponential benefits that can save significant resources. The CAB and the LATC have both noted difficult receiving travel request approvals, however, have reported recent successes in obtaining approvals.
Recommendation: The Committees should encourage the CAB and the LATC to pursue opportunities at which its Members and Officers can interact directly with their national peers, and provide a strong voice for California's unique perspective and needs. The CAB and the LATC should inform the Committees of whether it continues to face travel restrictions that prohibit it from attending meetings where its representation could significantly impact California's ability to ensure that national examinations or standards reflect California's needs and protect California licensees, candidates for licensure, and consumers.
Issue: BreEZe Implementation. The CAB and the LATC was scheduled for Release Three, and with the cancellation of the BreEZe contract, it is unclear when the boards will undergo technology upgrades that aim to increase efficiencies for licensees and Board staff. A recent audit report conducted by the California State Auditor, California Department of Consumer Affairs' BreEZe System, found that "the future implementation of BreEZe is uncertain at best and, as it relates to the regulatory entities originally included in the final release [Release Three], likely unfeasible."
Recommendation: The CAB and the LATC should inform the Committees of any difficulties it foresees as a result of having to remain on its legacy system, and whether any additional stop-gap technological measures are needed until BreEZe is implemented. The CAB and the LATC should inform the Committees of how costs related to BreEZe will impact its fund condition.
Current Related Legislation.
AB 320 (Wood) of the current legislative session, adds the title “environmental engineer” to the list of professional engineers currently given Title Act protection and prevents a person from using that title unless licensed by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG). This bill also exempts licensed civil, electrical, and mechanical engineers from additional qualifications to use the title, "environmental engineer."
REGISTERED SUPPORT:
California Council of the American Society of Landscape Architects
American Council of Engineering Companies
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301, Christian Jagusch / B. & P. / (916) 319-3301
Bill Author
Bill Co-Author(s):