Existing law provides for the licensing and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists in the Department of Consumer Affairs. Existing law prohibits a person from representing himself or herself as an engineer, as described by various titles, unless the person is licensed as an engineer. Existing law makes a violation of those prohibitions a misdemeanor.

This bill would additionally prohibit a person from using the title environmental engineer unless the person is licensed as an engineer. The bill would provide legislative findings and declarations in support of the licensure of environmental engineers in California. The bill would permit a licensed civil, electrical, or mechanical engineer to use the title environmental engineer without obtaining additional qualifications. The bill would set forth the intent of the Legislature that the board be responsible for defining environmental engineering through rulemaking and that the board adopt standardized examination materials applicable to environmental engineering, as specified.

By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides for the licensing and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists in the Department of Consumer Affairs. Existing law prohibits a person from representing himself or herself as an engineer, as described by various titles, unless the person is licensed as an engineer. Existing law makes a violation of those prohibitions a misdemeanor.

This bill would additionally prohibit a person from using the title environmental engineer unless the person is licensed as an engineer. The bill would provide legislative findings and declarations in support of the licensure of environmental engineers in California. The bill would permit a licensed civil, electrical, or mechanical engineer to use the title environmental engineer without obtaining additional qualifications. The bill would set forth the intent of the Legislature that the board be responsible for defining environmental engineering through rulemaking and that the board adopt standardized examination materials applicable to environmental engineering, as specified.

By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides for the licensing and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists in the Department of Consumer Affairs. Existing law prohibits a person from representing himself or herself as an engineer, as described by various titles, unless the person is licensed as an engineer. Existing law makes a violation of those prohibitions a misdemeanor.

This bill would additionally prohibit a person from using the title environmental engineer unless the person is licensed as an engineer. The bill would provide legislative findings and declarations in support of the licensure of environmental engineers in California. The bill would set forth the intent of the Legislature that the board be responsible for defining environmental engineering through rulemaking and that the board adopt standardized examination materials applicable to environmental engineering, as specified.

By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 320 (Wood) - Engineers

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 320 would extend title protection to “environmental engineers”, prohibiting anyone from calling themselves an environmental engineer if they are not licensed by the Board for Professional Engineers, Land Surveyors, and Geologists.

Fiscal Impact:

• One-time costs less than $50,000 to develop regulations defining environmental engineering (Professional Engineers and Land Surveyors Fund).

• One-time costs of $60,000 to $150,000 for an occupational analysis of environmental engineering to allow the Board to delineate the scope of work for environmental engineers (Professional Engineers and Land Surveyors Fund). The Board indicates that costs would be lower if it determines that it would be able to perform the analysis internally. However, if the Board needs to contract for an external analysis, the costs would be at the upper end of the cost range.

• Potential one-time costs from $100,000 to $200,000 if the Board needs to develop a new test for environmental engineers (Professional Engineers and Land Surveyors Fund). Once the Board has defined the scope of work for environmental engineers, it will determine whether an existing national test is an appropriate test of the scope of work for environmental engineers. If the national test is not appropriate, the Board will need to develop a California-specific test.

• Unknown costs to license environmental engineers by the Board (Professional Engineers and Land Surveyors Fund). It is not known how many individuals would seek title protection under the bill, requiring the Board to issue a license. The costs to issue additional licenses would be recovered through licensing fees.

• Unknown increases in state employment costs (various funds). Under the current civil service system, state employee compensation depends in part on licensing status. By extending title protection to environmental engineers, the bill is likely to result in existing individuals who would seek such licensure (e.g. individuals with an environmental engineering or similar degree) applying for and receiving salary increases. The extent of this impact is unknown, as it will depend on the criteria adopted by the Board for title protection as an environmental engineer and the number of state employees who meet those criteria. For example, the California Air Resources Board indicates that it employs almost 200 individuals under the category of Air Resource Engineers, many of whom have degrees in environmental engineering or a related field. If 10% of those individuals become eligible for a salary increase under the bill, costs to the Air Resources Board would be between $130,000 and $260,000 per year.

Background:

Under current law, the Board for Professional Engineers, Land Surveyors, and Geologists has the responsibility for enforcing both “practice act” requirements and “title act” requirements.

Under the existing practice acts, the Board licenses civil engineers, mechanical engineers, and electrical engineers. An individual who has appropriate academic degree, several years’ work experience, and who has passed an examination is eligible for practice act licensure as a civil, mechanical, or electrical engineer. The Board is responsible for issuing licenses and regulating those professions, to ensure that licensees are working within the statutory and regulatory requirements for those professions and generally that the public is protected.

Under existing title protection acts, the Board issues licenses to a large number of individuals who qualify for title protection. If an individual has the academic background and has passed any examination required by the Board, he or she can apply for title act protection in one of the many engineering-related fields. Importantly, however, there are no regulatory requirements on the practice of those title protected fields. Once an individual has received a license, the Board does not engage in any oversight or regulation of that person’s professional practice. Rather, the purpose of title protection is simply to ensure that no person, without a license from the Board, is using a title that is protected. In essence, the role of the Board in this area is to prevent unlicensed individuals from using specific titles, rather than enforcing licensing standards or professional responsibilities on those who have title protection.

Proposed Law:

AB 320 would extend title protection to “environmental engineers”, prohibiting anyone from calling themselves an environmental engineer if they are not licensed by the Board for Professional Engineers, Land Surveyors, and Geologists.

Related Legislation:

AB 177 (Bonilla) would extend the sunset on the existing Board for Professional Engineers, Land Surveyors, and Geologists and the California Architects Board until January 1, 2020. That bill will be heard in this committee.

Staff Comments:

As noted above, the state currently enforces practice act requirements on the practice of civil engineering and geology, amongst other fields. Under current law, the statutory practice act requirements relating to those fields would override any regulatory definitions of the practice of environmental engineering adopted by the Board under this bill. In practice, this means that any activities that are already regulated under the practice of civil engineering and/or geology would be prohibited from inclusion in title protection for environmental engineers. According to the Board, it is not clear what activities would remain that environmental engineers could perform.

The only costs that may be incurred by a local agency relate to crimes and infractions. Under the California Constitution, such costs are not reimbursable by the state.

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: AB 320 Hearing Date: July 6, 2015

Subject: Engineers.

SUMMARY:

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; allows existing licensed mechanical, civil, and electrical engineers to hold themselves out as an “environmental engineer” without obtaining additional qualifications.

Existing law:

1. Establishes the Professional Engineers Act (Act), administered by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), within the Department of Consumer Affairs (DCA), which licenses and regulates professional engineers. (Business and Professions Code (BPC) § 6700 et seq.)

2. Defines “professional engineer” as a person engaged in the professional practice of rendering service or creative work requiring education, training, and experience in engineering sciences and the application of special knowledge of the mathematical, physical, and engineering sciences. (BPC § 6701)

3. Limits the practice of civil, electrical, or mechanical engineering to appropriately licensed persons unless specifically exempted. (BPC § 6704)

4. Directs the DCA, in conjunction with the BPELSG and the Joint Committee on Boards, Commissions, and Consumer Protection, to review the engineering branch titles specified in BPC § 6732 to determine whether certain title acts should be eliminated from this chapter, retained, or converted to practice acts similar to civil, electrical, and mechanical engineering, and whether supplemental engineering work should be permitted for all branches of engineering and requires contracting with an independent consulting firm to perform this comprehensive analysis of title act registration. Requires the BPELSG to reimburse the DCA for costs associated with this comprehensive analysis, and requires the DCA to report its findings and recommendations to the Legislature by September 1, 2002. (BPC § 6704.1)

5. Mandates that the protection of the public to be the highest priority for the BPELSG in exercising its licensing, regulatory, and disciplinary functions. (BPC § 6710.1)

6. Gives authority to the BPELSG to define by regulation the scope of each branch of professional engineering other than civil, mechanical, and electrical. (BPC § 6717).

7. Prevents anyone, other than a professional engineer licensed by the BPELSG, from using the title: “professional engineer,” “licensed engineer,” “registered engineer,” or “consulting engineer,” or any of the following branch titles: “agricultural engineer,” “chemical engineer,” “civil engineer,” “control systems engineer,” “electrical engineer,” “fire protection engineer,” industrial engineer,” “mechanical engineer,” “metallurgical engineer,” “nuclear engineer,” “petroleum engineer,” or “traffic engineer.” (BPC § 6732)

8. Makes it a misdemeanor for a person to represent himself or herself as, or use the title of, "professional engineer," "licensed engineer," "registered engineer," or the branch titles specified in BPC § 6732. (BPC § 6787)

This bill:

1. Inserts “environmental engineer” into the list of branch titles protected under the Professional Engineers Act.

2. Permits existing licensed mechanical, civil, and electrical engineers to hold themselves out as an “environmental engineer” without obtaining additional qualifications.

3. Makes certain legislative findings and declarations.

FISCAL EFFECT:

This bill is keyed “fiscal” by Legislative Counsel. According to the Assembly Appropriations’ Committee analysis dated May 6, 2015, this bill will result in:

• One-time costs in the range of $60,000 to $150,000 to BPELSG (special funds) to perform an occupational analysis. Actual costs will depend on whether the study is performed through the Department of Consumer Affairs’ Office of Examination Services or through a private vendor.

COMMENTS:

1. Purpose. The Professional Engineers in California Government is the Sponsor of the bill. According to the Author, “With the proliferation of the teaching and practice of environmental engineering, it is necessary to recognize and regulate environmental engineers with their own title act since the profession is currently not listed under the Business and Professions Code. Currently, an environmental engineer is licensed as a civil, electrical, or mechanical engineer and uses the principles of engineering, soil science, biology, and chemistry to develop solutions to address environmental problems. AB 320 would create an environmental engineer title act that would license and regulate environmental engineers. The profession is involved in efforts to improve recycling, waste disposal, public health, and water and air pollution control that would ensure the safety of the public.”

2. Background. The BPELSG was originally created in the late 1920s and charged with licensing civil and structural engineers. In 1947, engineers in the branches of chemical, electrical, mechanical, and petroleum engineering were given title protection. In 1967, electrical and mechanical engineering changed from title act registrations to practice act registrations, and the Legislature added two new title disciplines: metallurgical and industrial engineering. In 1968, a bill (Chapter 895, Statutes 1968) was passed by the Legislature which authorized the creation of new title acts by the BPELSG.

During the early seventies, the BPELSG received petitions from persons representing the branches of aerospace, agriculture, air pollution, communication, control system, corrosion, environmental, fire protection, manufacturing, nuclear, quality, safety, and traffic engineering. Hearings were held, and all petitions were approved except for the petitions of air pollution, aerospace, communication, and environmental engineers.

In particular, the Board denied the petition to grant an “environmental engineer” title act because “the proponents did not show to the satisfaction of the Board that Environmental Engineering was a separate and distinct discipline from that of the existing branches of engineering. The testimony presented by the opponents clearly demonstrated that much of the environmental engineering presently performed is being done by registered chemical, civil, electrical and mechanical engineers.” However, in light of environmental developments since the 1970’s, it appears environmental engineering has become more specialized and more graduates are entering this specialized field.

In 1985, SB 1030 (Chapter 732, Statutes of 1985) amended BPC § 6732 to codify the existing engineering disciplines into the Professional Engineers Act, thereby recognizing them by statute rather than by regulation. In 2004, SB 364 (Figueroa, Chapter 789, Statute of 2003), discontinued licensing for manufacturing engineering. Currently, there are nine remaining title acts: agricultural, chemical, control systems, fire protection, industrial, metallurgical, nuclear, petroleum and traffic engineering.

3. Title Act vs. Practice Act Protection. It is important to note the distinction between "title act” and certification or registration regulation versus "practice act” and licensing regulation. A practice act along with licensure confers the exclusive right to practice a given profession on practitioners who meet specified criteria related to education, experience, and examination, and often is embodied in a statutory licensing act (i.e., those who are not licensed cannot lawfully practice the profession). A practice act is the highest and most restrictive form of professional regulation, and is intended to avert severe harm to the public health, safety or welfare that could be caused by unlicensed practitioners.

A title act and a certification or registration program, on the other hand, reserves the use of a particular professional (named) designation to practitioners who have demonstrated specified education, experience or other criteria such as certification by another organization. A title act typically does not restrict the practice of a profession or occupation and allows others to practice within that profession; it merely differentiates between practitioners who meet the specified criteria, and are authorized by law to represent themselves accordingly (usually by a specified title) and those who do not. Some title acts also include a state certification or registration program, or reliance on a national certification or registration program, so that those who use the specified title, and hold themselves out to the public, have been certified or registered by a state created or national entity as having met the specified requirements. This entity may also regulate to some extent the activities of the particular profession by setting standards for the profession to follow, and to also provide oversight of the practice of the profession by reporting unfair business practices or violations of the law and either denying or revoking a certification or registration if necessary.

AB 320 does not establish a licensing practice act, but instead provides for a title act. It restricts the use of the title “environmental engineer” to only those who have met certain education requirements.

4. Title Acts. As noted above in the existing law section, there are presently nine remaining title acts. Since the inception of title protection for certain engineers, four title acts have been eliminated (quality engineer, corrosion engineer, manufacturing engineer, and safety engineer). To have title act protection, the BPELSG has the authority to monitor and pursue those persons using the title of one of the respected specialties without a license. However, the practice of these specialties in not regulated, and nothing prevents a person from practicing in one of these fields. A person still may call themselves an environmental “consultant” or “specialist”. Because of this, the enforcement authority of the BPELSG is limited to a person simply using the title without a license.

5. Practice Acts. Currently, the BPESLG regulates and licenses the practice of civil, electrical, and mechanical engineering and the subspecialties of geotechnical and structural engineering. The BPELSG regulates the actual practice of the field, and the use of these titles without a license is a misdemeanor. The BPELSG has the authority to pursue action against persons practicing in these fields regardless of license status.

6. Institutions and Programs Offering Degree’s in Environmental Engineering. Currently, 9 California institutions offer degrees in environmental engineering. They include California Polytechnic State University, San Luis Obispo, California State University, Humboldt, California State University, San Diego, University of California, Berkeley, University of California, Irvine, University of California, Merced, University of California, Riverside, University of Southern California, and Stanford University. While there are an unknown number of annual graduates from some schools, the number typically ranged between 20 and 30 per institution. Proponents argue that students graduating with an environmental engineer degree deserve the ability to take an exam to officially certify their educational competency.

7. National Standardized Examination. Standardized examination materials have been developed by NCEES to test the competency of environmental engineers. These examination materials separately cover the fundamentals of engineering
   (FE Environmental) and professional engineer competencies (PE Environmental). NCEES is a peer association of state engineering licensure agencies that developed standardized examination materials through the use of hand-picked expert panels specific to each affected engineering discipline. Standardized NCEES examinations are administered in California by BPELSG.

8. Process for Licensure. With the creation of the “environmental engineer” title act, BPELSG will first have to define the practice of “environmental engineer” in regulations. While practice acts are outlined in statute, title acts are written in the regulations. Secondly, BPELSG will have to figure out whether or not the national exam, given by NCEES, is suitable to test a student’s ability of environmental engineering. More than likely, BPELSG will use this exam. Lastly, an applicant will have to solicit an application proving his or her educational qualifications and qualifying experience. If BPELSG decides the applicant meets the necessary requirements, BPELSG will then notify NCEES to administer the exam to the applicant. Taking the exam is contingent on the Board’s approval. If the applicant passes both the test and application requirements, they can then call themselves an “environmental engineer”. The new licensee will receive both a certificate and pocket card from the Board granting authorization to use this title.

9. Arguments in Support. The Professional Engineers in California Government writes, “as programs of environmental mitigation and protection continue to expand in scope and complexity for our air, water, and soil – testing and certification of environmental engineers is needed to establish benchmarks for competency to help protect and safeguard the public.”

10. Arguments in Opposition. The American Council of Engineering Companies opposes this bill and underscores that, “For example, a title act Traffic Engineer can design the signalization and arrangement of lanes in an intersection, but a civil engineer must design and take responsible charge for the civil layout and final grades, profiles and construction details. By introducing an ‘Environmental Engineer’ title act, there may be a similar overlap conflict with some of the areas of practice mentioned in the findings; i.e. solid waste management, water supply and treatment and wastewater treatment. This certainly adds to the confusion regarding to the limitations of title acts.”

The Board for Professional Engineers, Land Surveyors, and Geologists writes a letter in opposition, noting that "AB 320 will not prevent a person from practicing environmental engineering; it will only prevent a person from using the title, ‘Environmental Engineer.’ The legislative intent provision in AB 320 indicates it is necessary for public protection to ‘regulate the profession’. However, this bill would not regulate the profession; it will only restrict a person from the use of the title. For the last 20 years, the Board has held the position that restricting only the title without also regulating the associated practice does not provide sufficient public protection. The Board reconfirmed this positon in voting to oppose AB 320."

11. Current Legislation. AB 177 (Bonilla) currently 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. (Status: This bill is currently being heard on July 6, 2015 in this Committee).

12. Proposed Amendments. Since civil, mechanical, and electrical engineers are not permitted to utilize a title act without attaining additional qualifications, the Author should delete the grandfather clause on page 4, lines 10-13.

SUPPORT AND OPPOSITION:

Support:

Professional Engineers in California Government (Sponsor)

Opposition:

American Council of Engineering Companies

Board for Professional Engineers, Land Surveyors, and Geologists

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 320

Author:(Wood)

As Amended Ver:April 23, 2015

Majority vote

SUMMARY: Prohibits a person from using the title "environmental engineer" unless the person is licensed by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG). Specifically, this bill,

1. Inserts "environmental engineer" into the list of branch titles protected under the Professional Engineers Act.

2. Authorizes a professional engineer licensed as a civil, electrical, or mechanical engineer, to use the title "environmental engineer" without obtaining additional qualifications.

3. Makes certain legislative findings and declarations.

FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time costs in the range of $60,000 to $150,000 to BPELSG (special funds) to perform an occupational analysis. Actual costs will depend on whether the study is performed through the Department of Consumer Affairs' Office of Examination Services or through a private vendor.

COMMENTS:

1. Purpose. This bill is sponsored by the Professional Engineers in California Government. According to the author, "With the proliferation of the teaching and practice of environmental engineering, it is necessary to recognize and regulate environmental engineers with their own title act since the profession is currently not listed under the Business and Professions Code (BPC). Currently, an environmental engineer is licensed as a civil, electrical, or mechanical engineer and uses the principles of engineering, soil science, biology, and chemistry to develop solutions to address environmental problems. AB 320 would create an environmental engineer title act that would license and regulate environmental engineers. The profession is involved in efforts to improve recycling, waste disposal, public health, and water and air pollution control that would ensure the safety of the public."

2. Background. The BPELSG was originally created in the late 1920s and charged with licensing civil and structural engineers. In 1947, engineers in the branches of chemical, electrical, mechanical, and petroleum engineering were given title protection. In 1967, electrical and mechanical engineering changed from title act registrations to practice act registrations, and the Legislature added two new title disciplines: metallurgical and industrial engineering. In 1968, a bill was passed by the Legislature which authorized the creation of new title acts to the BPELSG.

During the early seventies, the BPELSG received petitions from persons representing the branches of aerospace, agriculture, air pollution, communication, control system, corrosion, environmental, fire protection, manufacturing, nuclear, quality, safety, and traffic engineering. Hearings were held, and all petitions were approved except for the petitions of air pollution, aerospace, communication, and environmental engineers.

In 1985, BPC Section 6732 was amended to codify the existing engineering disciplines into the Professional Engineers Act, thereby recognizing them by statute rather than by regulation. In 2004, SB 364 (Figueroa), Chapter 789, Statute of 2003, discontinued licensing for manufacturing engineering. Currently, there are nine remaining title acts: agricultural, chemical, control systems, fire protection, industrial, metallurgical, nuclear, petroleum and traffic engineering.

Practice Acts. Currently, the BPESLG regulates and licenses the practice of civil, electrical, and mechanical engineering and the subspecialties of geotechnical and structural engineering. The BPELSG regulates the actual practice of the field, and the use of these titles without a license is a misdemeanor. The BPELSG has the authority to pursue action against persons practicing in these fields regardless of license status.

Title Acts. As noted above, there are presently nine remaining title acts. To have title act protection, the BPELSG has the authority to monitor and pursue those persons using the title of one of the respected specialties without a license. However, the practice of these specialties in not regulated, and nothing prevents a person from practicing in one of these fields. Because of this, the enforcement authority of the BPELSG is limited to a person using the title without a license.

Effect of This Bill. This bill would prohibit a person, who is not licensed as an environmental engineer, from using the title, "environmental engineer" or from representing himself or herself as an environmental engineer. As such, any use of the title "environmental engineer" in any law (statute, regulation, ordinance, etc.) would be interpreted as referring to a person who is licensed. Therefore, if a state agency were to enact a law that required reports to be submitted by an environmental engineer, then it would mean that only a person licensed as an environmental engineer by the BPELSG could submit such reports. It would be more questionable whether a local agency could enact such a law because BPC Section 460 prohibits a local agency from preventing someone from performing work that they are legally authorized to do. Since anyone would be able to practice or perform environmental engineering (because only the title would be restricted), there would be a question as to whether or not a local agency could require someone with a license to do the work. However, because persons would be prohibited from representing themselves as an environmental engineer, unlicensed persons may be prohibited from performing that work or applying to do that work.

Currently, the only reference to an "environmental engineer" is found in the Health and Safety Code Section 40420. In this section, the statute lists an environmental engineer as a potential candidate for position on the Air Pollution Control Board for the South Coast District. While there is potential that future legislation could require a licensed environmental engineer, this bill does not appear to have negative impact on engineers presently working in environmental engineering. Subsequent legislation would presumably be crafted with the knowledge that this specialty exists and that legislation would specifically indicate that a licensed environmental engineer is required.

Education. There are presently several recognized environmental engineering programs in California including Humboldt State University, California Polytechnic State University, and Stanford University. California Polytechnic State University has graduated between 40 and 50 students with degrees in environmental engineering for each of the last four years. Humboldt State University has graduated between 30 and 50 students with degrees in environmental engineering. While a degree in engineering is not required for licensure, education is considering in meeting the necessary experience requirements. Under the present system, graduates from these programs typically follow the licensure path for civil or chemical engineering.

Other States. Forty-eight states presently license environmental engineers in some capacity. However, only six states – Alaska, Hawaii, Nebraska, Nevada, Massachusetts, and Rhode Island – have discipline-specific licensing similar to California. Most states license qualified persons as professional engineers and limit their practice to their fields of competency like environmental engineering. Most utilize the National Council of Examiners for Engineering and Surveying to administer the environmental engineering licensing examination for the state. California and Hawaii do not offer licensure in this field.

Other Pathways for Certification. There also exists a peer organization that certifies persons that are licensed on a state level as environmental engineers. The American Academy of Environmental Engineers and Scientists certifies qualified licensed Professional Engineers recommended by peers in their field of specialty as Board Certified Environmental Engineers through certification procedures including oral and written examinations and review of the applicant's work in environmental engineering. According to a BPELSG member, this type of certification is favorably recognized in the field.

Policy Issues for Consideration:

Limited Enforcement. Considering this bill only offers title protection, the author might consider working with the BPELSG to ascertain if the public is being put at risk. If public safety is at issue, as is stated in the author's intent language, then consideration might be given to placing this field into a Practice Act so that the BPELSG has the enforcement authority to regulate the practice of environmental engineering. Adding environmental engineering to the branch titles only prevents the use of the title. If the BPELSG was to find a person in violation of using the title, there is no authority for the BPELSG to stop the person from working as an environmental engineer.

Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301 FN: 0000348

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 320

Author:(Wood) – As Amended Ver:April 23, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill adds the title “environmental engineer” to the list of professional engineers 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 authorizes a professional engineer licensed as a civil, electrical, or mechanical engineer to use the title “environmental engineer” without obtaining additional qualifications.

FISCAL EFFECT:

One-time costs in the range of $60,000 to $150,000 to BPELSG (special funds) to perform an occupational analysis. Actual costs will depend on whether the study is performed through the Department of Consumer Affairs’ Office of Examination Services or through a private vendor.

COMMENTS:

1. Purpose. According to the author, “With the proliferation of the teaching and practice of environmental engineering, it is necessary to recognize and regulate environmental engineers with their own title act since the profession is currently not listed under the Business and Professions Code. Currently, an environmental engineer is licensed as a civil, electrical, or mechanical engineer and uses the principles of engineering, soil science, biology, and chemistry to develop solutions to address environmental problems. AB 320 would create an environmental engineer title act that would license and regulate environmental engineers. The profession is involved in efforts to improve recycling, waste disposal, public health, and water and air pollution control that would ensure the safety of the public."

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 21, 2015

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Susan Bonilla, Chair

ABPCA Bill Id:AB 320

Author:(Wood) – As Introduced Ver:February 13, 2015

SUBJECT: Engineers.

SUMMARY: 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).

EXISTING LAW:

1. Establishes the Professional Engineers Act, administered by the BPELSG, within the Department of Consumer Affairs (DCA), which licenses and regulates professional engineers. (Business and Professions Code (BPC) Section 6700 et seq.)

2. Defines "professional engineer" as a person engaged in the professional practice of rendering service or creative work requiring education, training, and experience in engineering sciences and the application of special knowledge of the mathematical, physical, and engineering sciences. (BPC Section 6701)

3. Limits the practice of civil, electrical, or mechanical engineering to appropriately licensed persons unless specifically exempted. (BPC Section 6704)

4. Prevents anyone, other than a professional engineer licensed by the BPELSG, from using the title: “professional engineer,” “licensed engineer,” “registered engineer,” or “consulting engineer,” or any of the following branch titles: “agricultural engineer,” “chemical engineer,” “civil engineer,” “control systems engineer,” “electrical engineer,” “fire protection engineer,” industrial engineer,” “mechanical engineer,” “metallurgical engineer,” “nuclear engineer,” “petroleum engineer,” or “traffic engineer.” (BPC Section 6732)

5. Directs the DCA, in conjunction with the BPELSG and the Joint Committee on Boards, Commissions, and Consumer Protection, to review the engineering branch titles specified in BPC Section 6732 to determine whether certain title acts should be eliminated from this chapter, retained, or converted to practice acts similar to civil, electrical, and mechanical engineering, and whether supplemental engineering work should be permitted for all branches of engineering and requires contracting with an independent consulting firm to perform this comprehensive analysis of title act registration. Requires the BPELSG to reimburse the DCA for costs associated with this comprehensive analysis, and requires the DCA to report its findings and recommendations to the Legislature by September 1, 2002. (BPC 6704.1)

6. Mandates that the protection of the public to be the highest priority for the BPELSG in exercising its licensing, regulatory, and disciplinary functions. (BPC 6710.1)

7. Gives authority to the BPELSG to define by regulation the scope of each branch of professional engineering other than civil, mechanical, and electrical. (BPC 6717).

8. Makes it a misdemeanor for a person to represent himself or herself as, or use the title of, "professional engineer," "licensed engineer," "registered engineer," or the branch titles specified in BPC Section 6732. (BPC 6787)

THIS BILL:

1. Inserts “environmental engineer” into the list of branch titles protected under the Professional Engineers Act.

2. Makes certain legislative findings and declarations.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by the Professional Engineers in California Government. According to the author, “With the proliferation of the teaching and practice of environmental engineering, it is necessary to recognize and regulate environmental engineers with their own title act since the profession is currently not listed under the Business and Professions Code. Currently, an environmental engineer is licensed as a civil, electrical, or mechanical engineer and uses the principles of engineering, soil science, biology, and chemistry to develop solutions to address environmental problems. AB 320 would create an environmental engineer title act that would license and regulate environmental engineers. The profession is involved in efforts to improve recycling, waste disposal, public health, and water and air pollution control that would ensure the safety of the public."

2. Background. The BPELSG was originally created in the late 1920s and charged with licensing civil and structural engineers. In 1947, engineers in the branches of chemical, electrical, mechanical, and petroleum engineering were given title protection. In 1967, electrical and mechanical engineering changed from title act registrations to practice act registrations, and the Legislature added two new title disciplines: metallurgical and industrial engineering. In 1968, a bill was passed by the Legislature which authorized the creation of new title acts to the BPELSG.

During the early seventies, the BPELSG received petitions from persons representing the branches of aerospace, agriculture, air pollution, communication, control system, corrosion, environmental, fire protection, manufacturing, nuclear, quality, safety, and traffic engineering. Hearings were held, and all petitions were approved except for the petitions of air pollution, aerospace, communication, and environmental engineers.

In 1985, BPC Section 6732 was amended to codify the existing engineering disciplines into the Professional Engineers Act, thereby recognizing them by statute rather than by regulation. In 2004, SB 364 (Figueroa) Chapter 789, Statute of 2003, discontinued licensing for manufacturing engineering. Currently, there are nine remaining title acts: agricultural, chemical, control systems, fire protection, industrial, metallurgical, nuclear, petroleum and traffic engineering.

Practice Acts. Currently, the BPESLG regulates and licenses the practice of civil, electrical, and mechanical engineering and the subspecialties of geotechnical and structural engineering. The BPELSG regulates the actual practice of the field, and the use of these titles without a license is a misdemeanor. The BPELSG has the authority to pursue action against persons practicing in these fields regardless of license status.

Title Acts. As noted above, there are presently nine remaining title acts. To have title act protection, the BPELSG has the authority to monitor and pursue those persons using the title of one of the respected specialties without a license. However, the practice of these specialties in not regulated, and nothing prevents a person from practicing in one of these fields. Because of this, the enforcement authority of the BPELSG is limited to a person using the title without a license.

Effect of This Bill. This bill would prohibit a person, who is not licensed as an environmental engineer, from using the title, "environmental engineer" or from representing himself or herself as an environmental engineer. As such, any use of the title “environmental engineer” in any law (statute, regulation, ordinance, etc.) would be interpreted as referring to a person who is licensed. Therefore, if a state agency were to enact a law that required reports to be submitted by an environmental engineer, then it would mean that only a person licensed as an environmental engineer by the BPELSG could submit such reports. It would be more questionable whether a local agency could enact such a law because BPC Section 460 prohibits a local agency from preventing someone from performing work that they are legally authorized to do. Since anyone would be able to practice or perform environmental engineering (because only the title would be restricted), there would be a question as to whether or not a local agency could require someone with a license to do the work. However, because persons would be prohibited from representing themselves as an environmental engineer, unlicensed persons may be prohibited from performing that work or applying to do that work.

Currently, the only reference to an "environmental engineer" is found in the Health and Safety Code Section 40420. In this section, the statute lists an environmental engineer as a potential candidate for position on the Air Pollution Control Board for the South Coast District. While there is potential that future legislation could require a licensed environmental engineer, this bill does not appear to have negative impact on engineers presently working in environmental engineering. Subsequent legislation would presumably be crafted with the knowledge that this specialty exists and that legislation would specifically indicate that a licensed environmental engineer is required.

Education. There are presently several recognized environmental engineering programs in California including Humboldt State University, California Polytechnic State University, and Stanford University. California Polytechnic State University has graduated between forty and fifty students with degrees in environmental engineering for each of the last four years. Humboldt State University has graduated between thirty and fifty students with degrees in environmental engineering. While a degree in engineering is not required for licensure, education is considering in meeting the necessary experience requirements. Under the present system, graduates from these programs typically follow the licensure path for civil or chemical engineering.

Other States. Forty-eight states presently license environmental engineers in some capacity. However, only six states – Alaska, Hawaii, Nebraska, Nevada, Massachusetts, and Rhode Island – have discipline-specific licensing similar to California. Most states license qualified persons as professional engineers and limit their practice to their fields of competency like environmental engineering. Most utilize the National Council of Examiners for Engineering and Surveying to administer the environmental engineering licensing examination for the state. California and Hawaii do not offer licensure in this field.

Other Pathways for Certification. There also exists a peer organization that certifies persons that are licensed on a state level as environmental engineers. The American Academy of Environmental Engineers and Scientists certifies qualified licensed Professional Engineers recommended by peers in their field of specialty as Board Certified Environmental Engineers through certification procedures including oral and written examinations and review of the applicant's work in environmental engineering. According to a BPELSG member, this type of certification is favorably recognized in the field.

POLICY ISSUES FOR CONSIDERATION:

Limited Enforcement. Considering this bill only offers title protection, the author might consider working with the BPELSG to ascertain if the public is being put at risk. If public safety is at issue, as is stated in the author’s intent language, then consideration might be given to placing this field into a Practice Act so that the BPELSG has the enforcement authority to regulate the practice of environmental engineering. Adding environmental engineering to the branch titles only prevents the use of the title. If the BPELSG was to find a person in violation of using the title, there is no authority for the BPELSG to stop the person from working as an environmental engineer.

Overlap Between Title Act and Practice Act. Another consideration involves the problem that would be created with overlap between a title act and a practice act that could interfere with the practice of environmental engineering. The practice of civil engineering is defined by statute (BPC Section 6731 and 6737.1). For example, the design of wastewater treatment facilities falls within the jurisdiction of civil engineering. If an environmental engineering licensed were to be created, this type of project would be excluded from environmental engineering even though it seems to logically fit in this field. As discussed above, many professional engineers practicing environmental engineering follow the civil engineering path to licensure.

Conforming Changes. The author may also consider whether it is necessary to make conforming changes to the Health and Safety Code referenced above relating to the Air Pollution Control Board.

Exempting Licensed Engineers. While there are no current exemptions to the title acts, the author may consider whether providing an exemption that currently licensed professional engineers can use the title, "environmental engineer." An exemption may assuage the concerns of currently licensed civil and chemical engineers that are engaged in the practice of environmental engineer would not negatively impacted by this bill.

ARGUMENTS IN SUPPORT:

Professional Engineers in California Government (sponsors) write a letter in support, and notes, "Over the past few decades, the study and practice of environmental engineering has expanded greatly throughout the nation. Despite leading the way in environmental remediation programs, the State of California is an anomaly in that it does not currently offer a pathway for licensure of environmental engineers. Many colleges in California have accredited environmental engineering programs and thousands of California engineers currently provide essential services to all levels of government, private industry, and the public."

ARGUMENTS IN OPPOSITION:

Board for Professional Engineers, Land Surveyors, and Geologists writes a letter in opposition, and cited, "AB 320 will not prevent a person from practicing environmental engineering; it will only prevent a person from using the title, "Environmental Engineer." The legislative intent provision in AB 320 indicates it is necessary for public protection to "regulate the profession." However, this bill would not regulate the profession; it will only restrict a person from the use of the title. For the last 20 years, the Board has held the position that restricting only the title without also regulating the associated practice does not provide sufficient public protection. The Board reconfirmed this positon in voting to oppose AB 320."

AMENDMENTS:

On page 3, line 34, before the word “It” add the following subdivision: (a)

On page 4, line 7, before “SEC 3,” add the following subdivision: (b) Notwithstanding subdivision (a), a professional engineer licensed as a civil, electrical, or mechanical engineer may use the title, environmental engineer.

REGISTERED SUPPORT:

Professional Engineers in California Government (sponsor)

REGISTERED OPPOSITION:

Board for Professional Engineers, Land Surveyors, and Geologists

Analysis Prepared by: Christian Jagusch / B. & P. / (916) 319-3301