Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided.

This bill would additionally require an applicant for renewal to complete a board-administered online assessment to reinforce the certificate holders or licenseholders knowledge of laws applicable to his or her practice area. The bill would authorize the failure to complete the assessment within a specified period of time to be a cause for disciplinary action. The bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. The bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.

Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided.

This bill would additionally require an applicant for renewal to complete a board-administered online assessment to reinforce the certificate holders or licenseholders knowledge of laws applicable to his or her practice area. The bill would authorize the failure to complete the assessment within a specified period of time to be a cause for disciplinary action. The bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. The bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.

Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided.

This bill would additionally require an applicant for renewal to complete a board-administered online assessment, which includes questions assessment to reinforce the certificate holders or licenseholders knowledge of laws applicable to his or her practice area. The bill would authorize the failure to complete the assessment within a specified period of time to be a cause for disciplinary action. The bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. The bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.

Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided.

This bill would additionally require an applicant for renewal to complete a board-administered online assessment, which includes questions to reinforce the certificate holders or licenseholders knowledge of laws applicable to his or her practice area. The bill would make authorize the failure to complete the assessment within a specified period of time to be a cause for disciplinary action. The bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. The bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.

Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided.

This bill would additionally require an applicant for renewal to complete a board-administered assessment, which includes questions to reinforce the certificate holders or licenseholders knowledge of laws applicable to his or her practice area. The bill would make the failure to complete the assessment within a specified period of time a cause for disciplinary action. The bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.

Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Existing law subjects these certificates and licenses to renewal and requires the certificate holder or licenseholder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided.

This bill would additionally require an applicant for renewal to complete a specified board-administered examination. a board-administered assessment, which includes questions to reinforce the certificate holders or licenseholders knowledge of laws applicable to his or her practice area. The bill would make the failure to complete the examination assessment within a specified period of time a cause for disciplinary action.

Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Existing law subjects these certificates and licenses to renewal and requires the certificate holder or licenseholder to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided.

This bill would additionally require an applicant for renewal to complete a specified board-administered examination. The bill would make the failure to complete the examination a cause for disciplinary action.

 UNFINISHED BUSINESS  

Bill No: SB 1085

Author:

:

Vote:

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/18/16

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-0, 5/12/16

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Liu, Runner

ASSEMBLY FLOOR: 79-0, 8/18/16 - See last page for vote

SUBJECT:

SOURCE: Board for Professional Engineers, Land Surveyors, and Geologists

DIGEST: This bill requires the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG or Board) to administer an assessment to a certificate holder covering relevant state laws and regulations, as specified, upon renewal. The bill limits the scope of the assessment to the Board's top five types of violations related to the administration and procedural aspects of the profession, and prohibits the Board from charging the certificate holder a fee for the assessment. The bill also redefines the examination for licensure as a geophysicist as a two-part test with a separate state law and regulation component.

Assembly Amendments require that the Board not charge the certificate holder a fee for the administration or development of the assessment; define the term “assessment”, as specified; and make other technical and clarifying changes.

ANALYSIS:

Existing law:

1. Authorizes a board under the Department of Consumer Affairs (DCA) to impose licensing restrictions, including remedial training, on a licensee engaged in acts or omissions constituting a violation of the Business and Professions Code. (Business and Professions Code (BPC) § 494)
2. Establishes the BPELSG within the DCA to administer and enforce the Professional Engineers Act, the Geologist and Geophysicist Act, and the Professional Land Surveyors’ Act. (BPC §§ 6700-6799, 7800-7887, 8700-8805)
3. Requires an applicant for initial licensure as a professional engineer, land surveyor, or geologist to, among other things, pass a written examination with a separate section covering state law and the BPELSG’s regulation.
   (BPC §§ 6755.1, 7841, 8741.1)
4. Requires an applicant for licensure as a geophysicist to among other things pass a written examination. (BPC § 7841.1)

This bill:

1. Defines "assessment" as an online program that contains educational reading material and questions. Specifies that the material shall be based on state law and the BPELSG's rules and regulations relating to the practice of the relevant licensee. The scope of the assessment shall be limited to the board's top five types of violations related to the administrative and procedural aspects of the practice of professional engineers and any changes or additions to existing law related to such administrative and procedural aspects.
2. Requires, at the time of a license's renewal, the BPELSG to administer an assessment of the renewing licensee.
3. States that failure to complete the assessment within 60 days after the date of expiration of the certificate may result in disciplinary action, but shall not affect the renewal of the certificate.
4. Specifies that the initial examination for licensure as a geophysicist shall test an applicant's knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state.
5. Requires the BPELSG to administer the state law and regulation portion of the examination for licensure as a geophysicist as a separate part of the examination.

Background

The Board, under the DCA, is responsible for licensing and regulating professional engineers, land surveyors, and geologists. As of November 17, 2015, the Board licenses 93,654 professional engineers, 4,202 land surveyors, 7,534 geologists, and 165 geophysicists.

Currently, licensees in California are not required to complete any continuing education. However, during the Board's 2014 Sunset Review, the Board reported that it receives a high number of non-practice-related infractions. Specifically, of the violations rising to the level of formal disciplinary action, the Board found that approximately 45% related to non-practice-related issues. Examples include, “failing to include all of the required elements in a written contract, failing to execute a written contract, failing to sign and seal professional documents in the manner required by law, failing to submit reports of civil judgments or settlements, and failing to file Organization Record forms.”

In addition to protecting both the licensees and the consumers, the Board believes the proposal will cut enforcement costs and timelines. By keeping licensees apprised of the relevant non-practice related laws, the BPELSG anticipates spending fewer resources on investigations for these types of cases.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, this bill will have minor and absorbable costs to the BPELSG.

SUPPORT: (Verified 8/18/16)

Board for Professional Engineers, Land Surveyors, and Geologists (source)

American Society of Civil Engineers Region 9

California Land Surveyors Association

OPPOSITION: (Verified 8/18/16)

None received

ARGUMENTS IN SUPPORT: The BPELSG writes in support, “Based on the [BPELSG]’s experience, licensees fail to adequately and independently stay up-to-date with critical legal and regulatory changes that directly affect the manner in which they provide services to and for the general public.

This bill would NOT put a hold on the renewal of the license or impact the status of the license. Instead this bill would give the [BPELSG] the authority to pursue disciplinary action against a licensee who failed to complete the assessment. However, such action would be pursued under the provisions of the Administrative Procedure Act to ensure the licensee's due process rights.”

ASSEMBLY FLOOR: 79-0, 8/18/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, 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, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Roger Hernández

Prepared by:

8/19/16 19:37:18

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1085

Author:(Roth)

As Amended Ver:June 28, 2016

Majority vote

SENATE VOTE: 38-0

SUMMARY: Requires the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) to administer an assessment to licensees covering relevant state laws and regulations, as specified, and redefines the examination for licensure as a geophysicist as a two-part test with a separate state law and regulation component. Specifically, this bill:

1. Defines "assessment" as an online program that contains educational reading material and questions. Specifies that the material shall be based on state law and the BPELSG's rules and regulations relating to the practice of the relevant licensee. The scope of the assessment shall be limited to the board's top five types of violations related to the administrative and procedural aspects of the practice of professional engineers and any changes or additions to existing law related to such administrative and procedural aspects.
2. Requires, at the time of a license's renewal, the BPELSG to administer an assessment of the renewing licensee.
3. States that failure to complete the assessment within 60 days after the date of expiration of the certificate may result in disciplinary action, but shall not affect the renewal of the certificate.
4. Specifies that the initial examination for licensure as a geophysicist shall test an applicant's knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state.
5. Requires the BPELSG to administer the state law and regulation portion of the examination for licensure as a geophysicist as a separate part of the examination.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor and absorbable costs to the Board.

COMMENTS:

Purpose. This bill is sponsored by the BPELSG. The author wishes to include the following statement from the BPELSG: "It is anticipated that these legislative changes will allow the renewal candidate to renew their license in much the same manner as it is currently processed with the additional requirement that the laws and regulations examination must be completed and passed within a reasonable timeframe of the licensee's scheduled renewal date.

"The primary intent behind this requirement is to provide an environment in which the [BPELSG] can efficiently increase awareness of the laws and regulations directly affecting the licensee's practice while providing an effective and more instantaneous communication model for educating the licensees in addition to typical outreach efforts."

Background. The BPELSG is the licensing entity responsible for licensing and regulating professional engineers, land surveyors, and geologists. As of November 17, 2015, the BPELSG licenses 93,654 professional engineers, 4,202 land surveyors, 7,534 geologists, and 165 geophysicists.

Renewal Assessment. Currently, licensees under the BPELSG are not required to complete any continuing education. However, during the BPELSG's 2014 Sunset Review, the BPELSG reported that it receives a high number of non-practice-related infractions. Specifically, of the violations rising to the level of formal disciplinary action, the BPELSG found that approximately 45% related to non-practice-related issues. The examples include: "failing to include all of the required elements in a written contract, failing to execute a written contract, failing to sign and seal professional documents in the manner required by law, failing to submit reports of civil judgments or settlements, and failing to file Organization Record forms."

According to the BPELSG, the primary reason provided by the licensees tends to be that the licensees are unaware of the various administrative requirements. The BPELSG reports that this is despite having the information readily available on the BPELSG's Web site. As a result, the BPELSG proposes using the assessment to ensure licensees are informed.

In addition to protecting both the licensees and the consumers, the BPELSG believes the proposal will cut enforcement costs and timelines. By keeping licensees apprised of the relevant non-practice related laws, the BPELSG anticipates spending fewer resources on investigations for these types of cases.

Geophysicist State Jurisprudence Exam. Under existing law, an applicant for licensure as a professional engineer, land surveyor, or geologist, in addition to the standard national examination, must take a separate portion that tests the applicant's knowledge of state-specific laws and regulations. The purpose of the exam is to cover state law not tested on the national exam. However, existing law does not state that an applicant for licensure as a geophysicist (which is a type of geologist for purposes of licensing) must take the state-specific examination. Therefore, this bill will update the statute to conform to the requirement for the other license types under the BPELSG.

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0003822

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1085

Author:(Roth) – As Amended Ver:June 28, 2016

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

SUMMARY:

This bill requires the Board for Professional Engineers, Land Surveyors, and Geologists (Board) to administer an assessment to a certificate holder covering relevant state laws and regulations, as specified, upon renewal. The bill limits the scope of the assessment to the Board's top five types of violations related to the administration and procedural aspects of the profession, and prohibits the Board from charging the certificate holder a fee for the assessment. The bill also redefines the examination for licensure as a geophysicist as a two-part test with a separate state law and regulation component.

FISCAL EFFECT:

Minor and absorbable costs to the Board.

COMMENTS:

1. Purpose. According to the Board, the bill's sponsors, "these legislative changes will allow the renewal candidate to renew their license in much the same manner as it is currently processed with the additional requirement that the laws and regulations examination must be completed and passed within a reasonable timeframe of the licensee’s scheduled renewal date.

"The primary intent behind this requirement is to provide an environment in which the Board can efficiently increase awareness of the laws and regulations directly affecting the licensee’s practice while providing an effective and more instantaneous communication model for educating the licensees in addition to typical outreach efforts.”

1. Background. The Board, under the Department of Consumer Affairs, is responsible for licensing and regulating professional engineers, land surveyors, and geologists. As of November 17, 2015, the Board licenses 93,654 professional engineers, 4,202 land surveyors, 7,534 geologists, and 165 geophysicists.

Currently, licensees in California are not required to complete any continuing education. However, during the Board's 2014 Sunset Review, the Board reported that it receives a high number of non-practice-related infractions. Specifically, of the violations rising to the level of formal disciplinary action, the Board found that approximately 45% related to non-practice-related issues. Examples include, “failing to include all of the required elements in a written contract, failing to execute a written contract, failing to sign and seal professional documents in the manner required by law, failing to submit reports of civil judgments or settlements, and failing to file Organization Record forms.”

In addition to protecting both the licensees and the consumers, the Board believes the proposal will cut enforcement costs and timelines. By keeping licensees apprised of the relevant non-practice related laws, the BPELSG anticipates spending fewer resources on investigations for these types of cases.

1. Arguments in Support. The Board writes in support, “Based on the Board’s experience, licensees fail to adequately and independently stay up-to-date with critical legal and regulatory changes that directly affect the manner in which they provide services to and for the general public.

"This bill would NOT put a hold on the renewal of the license or impact the status of the license. Instead, this bill would give the Board the authority to pursue disciplinary action against a licensee who fails to complete the assessment. However, such action would be pursued under the provisions of the Administrative Procedure Act to ensure the licensee's due process rights.”

1. Arguments in Opposition. The Professional Engineers in California Government (PECG) writes in opposition, “PECG does not believe the Board has demonstrated a need for the bill. The Board licenses over 100,000 Engineers, Land Surveyors, and Geologists, yet by its own admission the Baord processes only 50 violations each year of its rules and regulations. Nevertheless, it proposes to test all of its licensees upon their renewal every two years. That constitutes an unjustified waste of time and Baord resources and unnecessarily burdens the 99.9% of licensees who are in compliance with the rules."

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

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Rudy Salas, Chair

SBPCA Bill Id:

Author:() – As Ver:

SENATE VOTE:

SUBJECT:

SUMMARY: Requires the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) to administer an assessment to licensees covering relevant state laws and regulations, as specified, and redefines the examination for licensure as a geophysicist as a two-part test with a separate state law and regulation component.

EXISTING LAW:

1. Authorizes a board under the Department of Consumer Affairs (DCA) to impose licensing restrictions, including remedial training, on a licensee engaged in acts or omissions constituting a violation of the Business and Professions Code (BPC). (BPC § 494)
2. Establishes the BPELSG within the DCA to administer and enforce the Professional Engineers Act, the Geologist and Geophysicist Act, and the Professional Land Surveyors’ Act. (BPC §§ 6700-6799, 7800-7887, 8700-8805)
3. Requires an applicant for initial licensure as a professional engineer, land surveyor, or geologist to, among other things, pass a written examination with a separate section covering state law and the BPELSG’ regulation. (BPC §§ 6755.1, 7841, 8741.1)
4. Requires an applicant for licensure as a geophysicist to, among other things, pass a written examination. (BPC § 7841.1)

THIS BILL:

1. Requires, at the time of renewal, the BPELSG to administer an assessment of the renewing licensee.
2. Specifies that the assessment includes questions to reinforce the licensee’s knowledge of state laws and the BPELSG’s rules and regulations relating to the practice of the licensee.
3. States that failure to complete the assessment within 60 days after the date of expiration of the certificate shall constitute a cause for disciplinary action.
4. Provides that failure to complete the assessment does not affect the renewal of the license.
5. Specifies that the initial examination for licensure as a geophysicist shall test an applicant’s knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state.
6. Requires the BPELSG to administer the state law and regulation portion of the examination for licensure as a geophysicist as a separate part.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Purpose. This bill is sponsored by the BPELSG. The author wishes to include the following statement from the BPELSG: “It is anticipated that these legislative changes will allow the renewal candidate to renew their license in much the same manner as it is currently processed with the additional requirement that the laws and regulations examination must be completed and passed within a reasonable timeframe of the licensee’s scheduled renewal date.

The primary intent behind this requirement is to provide an environment in which the [BPELSG] can efficiently increase awareness of the laws and regulations directly affecting the licensee’s practice while providing an effective and more instantaneous communication model for educating the licensees in addition to typical outreach efforts.”

Background. The BPELSG is the licensing entity responsible for licensing and regulating professional engineers, land surveyors, and geologists. As of November 17, 2015, the BPELSG licenses 93,654 professional engineers, 4202 land surveyors, 7,534 geologists, and 165 geophysicists.

Renewal Assessment. Currently, licensees under the BPELSG are not required to complete any continuing education. However, during the BPELSG’s 2014 Sunset Review, the BPELSG reported that it receives a high number of non-practice-related infractions. Specifically, of the violations rising to the level of formal disciplinary action, the BPELSG found that approximately 45% related to non-practice-related issues. The examples include: “failing to include all of the required elements in a written contract, failing to execute a written contract, failing to sign and seal professional documents in the manner required by law, failing to submit reports of civil judgments or settlements, and failing to file Organization Record forms.”

According to the BPELSG, the primary reason provided by the licensees tends to be that the licensees are unaware of the various administrative requirements. The BPELSG reports that this is despite having the information readily available on the BPELSG’s website. As a result, the BPELSG proposes using the assessment to ensure licensees are informed.

The BPELSG has stated that the assessment will be developed with the DCA’s SOLID training unit, will be delivered online, will consist of two to three pop-ups with review material and quizzes, and will have no pass/fail component. According to the BPELSG, “If the licensee fails to correctly answer a question, the system will outline the issue and highlight the correct response. At the end of the assessment, the licensee would sign a document highlighting that they have reviewed the information and provide their license number and last four digits of their social security number.”

In addition to protecting both the licensees and the consumers the requirements are intended to benefit, the BPELSG believes the proposal will cut enforcement costs and timelines. By keeping licensees apprised of the relevant non-practice related laws, the BPELSG anticipates spending less resources on investigations for these types of cases.

Other States. According to the National Society of Professional Engineers, as of April 25, 2016, 44 states require between 15 to 30 hours of continuing education for licensed professional engineers. According to the BPELSG, the proposal under this bill is not continuing education

Geophysicist State Jurisprudence Exam. Under existing law, an applicant for licensure as a professional engineer, land surveyor, or geologist, in addition to the standard national examination, must take a separate portion that tests the applicant’s knowledge of state-specific laws and regulations. The purpose of the exam is to cover state law not tested on the national exam. However, existing law does not state that an applicant for licensure as a geophysicist (which is a type of geologist for purposes of licensing) must take the state-specific examination. Therefore, this bill will update the statute to conform to the requirement for the other license types under the BPELSG.

Current Related Legislation. SB 1165 (Canella) of the current Legislative Session, makes multiple changes to increase consistency between the practice acts administered by the BPELSG. STATUS: This bill will also be heard before the Assembly Committee on Business and Professions during today’s hearing.

SB 1479 (Committee on Business, Professions and Economic Development) of the current Legislative Session, among other things, authorizes the BPELSG to make arrangements with a public or private organization to conduct the geology examination and to contract with a public or private organization for materials or services related to the examination, conforming the BPELSG’s authority for geologists to its existing authority for professional engineers and land surveyors. STATUS: This bill will also be heard before the Assembly Committee on Business and Professions during today’s hearing.

ARGUMENTS IN SUPPORT:

The BPELSG writes in support, “Based on the [BPELSG]’s experience, licensees fail to adequately and independently stay up-to-date with critical legal and regulatory changes that directly affect the manner in which they provide services to and for the general public.

This bill would NOT put a hold on the renewal of the license or impact the status of the license. Instead this bill would give the [BPELSG] the authority to pursue disciplinary action against a licensee who failed to complete the assessment. However, such action would be pursued under the provisions of the Administrative Procedure Act to ensure the licensee's due process rights.”

The American Society of Civil Engineers (ASCE) Region 9 writes in support, “For more than 40 years, the [ASCE] has encouraged its members in the civil engineering profession to support continuing professional development qualifications in order to acquire and maintain a license as a civil engineer. [This bill] is consistent with the [ASCE’s] continuing education policy (Policy Statement No. 425).”

ARGUMENTS IN OPPOSITION:

The Professional Engineers in California Government (PECG) writes in opposition, “PECG does not believe the [BPELSG] has demonstrated a need for the bill. The [BPELSG] licenses over 100,000 Engineers, Land Surveyors, and Geologists, yet by its own admission the [BPELSG] processes only 50 violations each year of its rules and regulations. Nevertheless, it proposes to test all of its licensees upon their renewal every two years. That constitutes an unjustified waste of time and [BPELSG] resources and unnecessarily burdens the 99.9% of licensees who are in compliance with the rules.

Engineers, Land Surveyors, Geologists and Geophysicists are already required to take a comprehensive exam in order to become licensed. The [BPELSG] currently has sufficient tools to address and correct failures to comply with the laws and rules. The [BPELSG] should continue to utilize those effective tools to ensure compliance with the law instead of requiring all 100,000 licensees to take an additional exam every two years.”

AMENDMENTS:

The author should make the following amendments:

1. Clarify the permissiveness of the BPELSG’s authority to discipline:

Throughout, strike out “shall constitute a cause for” and insert:

may result in

1. Clarify that the BPELSG may not charge a fee for the assessment:

Throughout, after subdivision (b), insert:

(c) The board shall not charge the certificate holder a fee for the administration or development of the assessment.

1. Further define “assessment” and limit the scope of the assessment:

Throughout, after the new subdivision (c), insert:

(d) For purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations related to the board’s top five violations and any changes or additions to existing law.

REGISTERED SUPPORT:

The Board for Professional Engineers, Land Surveyors, and Geologists

American Society of Civil Engineers Region 9

REGISTERED OPPOSITION:

Professional Engineers in California Government

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301

 THIRD READING  

Bill No: SB 1085

Author:

:

Vote:

SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/18/16

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Board for Professional Engineers, Land Surveyors, and Geologists

DIGEST: This bill requires licensees under the Board for Professional Engineers, Land Surveyors, and Geologists, upon renewal of their license, to complete a board-administered online assessment to reinforce their knowledge of laws applicable to their practice area; provides that failure to complete the assessment within the allowed timeframe is cause for disciplinary action; requires an applicant for a geophysicist license to complete an examination that tests knowledge of state laws; and provides that failure to complete this assessment does not prohibit renewal.

ANALYSIS:

Existing law:

1. Establishes the Professional Engineers Act, administered by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG or Board), within the Department of Consumer Affairs (DCA), which licenses and regulates professional engineers. (Business and Professions Code (BPC) § 6700 et seq.)
2. Provides that an applicant who passes the first division exam will be issued an engineer-in-training certificate. (BPC § 6751(a)(2))
3. Requires an applicant, who is issued an engineer-training certificate, to successfully complete three years or more of postsecondary engineering education, three years or more of engineering experience, or a combination of postsecondary education and experience in engineering totaling three years prior to issuance of the certificate. (BPC § 6751(a)(2))
4. Requires an applicant for a professional engineer’s license to acquire six years of overall professional experience prior to licensure. (BPC § 6751(b)(2))
5. Requires an applicant for a professional engineer’s license to complete a test on state laws and the Board’s rules and regulations regulating the practice of professional engineering. (BPC § 6755.1)
6. Provides that a professional engineer license is valid for two years.
   (BPC § 6795)
7. 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.)
8. Requires an applicant for a geologist license to attend and graduate from a college or university with a major in geological sciences. (BPC § 7841(b))
9. Requires an applicant for a geologist license to acquire five years of overall professional experience prior to licensure. (BPC § 7841(c))
10. Requires an applicant for a geologist license to complete a test on state laws and the Board’s rules and regulations regulating the practice of geology.
    (BPC § 7841(d))
11. Provides that a geologist, specialty geologist, geophysicist, or specialty geophysicist’s license expires at 12 a.m. of the last day of the birth month of the certificate holder during the second year of a two-year term. (BPC § 7880)
12. Establishes the Land Surveyors’ Act, administered by the BPELSG, within the DCA, which licenses and regulates the practice of land surveying. (BPC § 8700 et seq.)
13. Requires an applicant, who is issued a land surveyor-in-training certificate, to successfully complete two years of postsecondary education in land surveying, two years of experience in land surveying, or a combination of postsecondary education and experience in land surveying totaling two years prior to issuance of the certificate. (BPC § 8741)
14. Requires an applicant for a land surveyor’s license to complete a test on state laws and the Board’s rules and regulations regulating the practice of professional land surveying. (BPC § 8741.1)
15. Requires an applicant for a land surveyor’s license to acquire six years of professional experience prior to licensure. (BPC § 8742)
16. Provides that a land surveyor’s license is valid for two years. (BPC § 8801)

This bill:

1. Requires licensees under the BPELSG, upon renewal of their license, to complete a board-administered online assessment to reinforce their knowledge of laws applicable to their practice area.
2. Provides that failure to complete the assessment above within 60 days after the date of expiration of the license is cause for disciplinary action.
3. Provides that failure to complete the assessment does not affect the renewal of the certificate.
4. Requires an applicant for a geophysicist license to complete an examination that tests knowledge of state laws.

Background

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 that 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.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/10/16)

Board for Professional Engineers, Land Surveyors, and Geologists (source)

Eureka Right of Way Engineering

The California Geotechnical Engineering Association

Six individuals

OPPOSITION: (Verified 5/10/16)

Professional Engineers in California Government

Four individuals

ARGUMENTS IN SUPPORT: The BPELSG writes that, “This bill would NOT put a hold on the renewal of the license or impact the status of the license. Instead this bill would give the Board the authority to pursue disciplinary action only in situations where a licensee failed to complete the examination. Such action would be pursued under the provisions of the Administrative Procedure Act to ensure the licensee’s due process rights.”

ARGUMENTS IN OPPOSITION: Professional Engineers in California Government assert that it does not “believe the Board of Registration has demonstrated a need for the bill. The Board licenses over 100,000 Engineers, Land Surveyors, and Geologists, yet by its own admission the Board processes only 50 violations each year of its rules and regulations. Nevertheless, it proposes to test all of its licensees upon their renewal every two years. That constitutes an unjustified waste of time and Board resources and unnecessarily burdens the 99.9% of licensees who are in compliance with the rules. Engineers, Land Surveyors, Geologists and Geophysicists are already required to take a comprehensive exam in order to become licensed. The Board currently has sufficient tools to address and correct failures to comply with the laws and rules. The Board should continue to utilize those effective tools to ensure compliance with the law instead of requiring all 100,000 licensees to take an additional exam every two years.”

Prepared by:

5/11/16 15:38:22

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: SB 1085 Hearing Date: April 18, 2016

Subject: Professional engineers: geologists: land surveyors

SUMMARY:

Requires licensees under the Board for Professional Engineers, Land Surveyors, and Geologists, upon renewal of their license, to complete a board-administered online assessment to reinforce their knowledge of laws applicable to their practice area; provides that failure to complete the assessment within the allowed timeframe is cause for disciplinary action; and provides that failure to complete this assessment does not prohibit renewal.

Existing law:

1. Establishes the Professional Engineers Act, administered by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG or Board), within the Department of Consumer Affairs (DCA), which licenses and regulates professional engineers. (Business and Professions Code (BPC) § 6700 et seq.)
2. Provides that an applicant who passes the first division exam will be issued an engineer-in-training certificate. (BPC § 6751(a)(2))
3. Requires an applicant, who is issued an engineer-training certificate, to successfully complete three years or more of postsecondary engineering education, three years or more of engineering experience, or a combination of postsecondary education and experience in engineering totaling three years prior to issuance of the certificate. (BPC § 6751(a)(2))
4. Requires an applicant for a professional engineer’s license to acquire six years of overall professional experience prior to licensure. (BPC § 6751(b)(2))
5. Requires an applicant for a professional engineer’s license to complete a test on state laws and the Board’s rules and regulations regulating the practice of professional engineering. (BPC § 6755.1)
6. Provides that a professional engineer license is valid for two years. (BPC § 6795)
7. 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.)
8. Requires an applicant for a geologist license to attend and graduate from a college or university with a major in geological sciences. (BPC § 7841(b))
9. Requires an applicant for a geologist license to acquire five years of overall professional experience prior to licensure. (BPC § 7841(c))
10. Requires an applicant for a geologist license complete a test on state laws and the Board’s rules and regulations regulating the practice of geology. (BPC § 7841(d))
11. Provides that geologist, specialty geologist, geophysicist, or specialty geophysicist’s license expires at 12 a.m. of the last day of the birth month of the certificate holder during the second year of a two-year term. (BPC § 7880)
12. Establishes the Land Surveyors’ Act, administered by the BPELSG, within the DCA, which licenses and regulates the practice of land surveying. (BPC § 8700 et seq.)
13. Requires an applicant, who is issued a land surveyor-in-training certificate, to successfully complete two years of postsecondary education in land surveying, two years of experience in land surveying, or a combination of postsecondary education and experience in land surveying totaling two years prior to issuance of the certificate. (BPC § 8741)
14. Requires an applicant for a land surveyor’s license to complete a test on state laws and the Board’s rules and regulations regulating the practice of professional land surveying. (BPC § 8741.1)
15. Requires an applicant for a land surveyor’s license to acquire six years of professional experience prior to licensure. (BPC § 8742)
16. Provides that a land surveyor’s license is valid for two years. (BPC § 8801)

This bill:

1. Requires licensees under the Board for Professional Engineers, Land Surveyors, and Geologists, upon renewal of their license, to complete a board-administered online assessment to reinforce their knowledge of laws applicable to their practice area.
2. Provides that failure to complete the assessment above within 60 days after the date of expiration of the license is cause for disciplinary action.
3. Provides that failure to complete the assessment does not affect the renewal of the certificate.

FISCAL EFFECT:

Unknown. This bill is keyed “fiscal” by Legislative Counsel.

COMMENTS:

1. Purpose. The BPELSG is the sponsor of the bill. According to the Author, “Based on the Board’s experience, licensees fail to adequately and independently stay up-to-date with critical legal and regulatory changes that directly affect the manner in which they provide services to and for the general public. This bill would require licensees, at the time of renewal of the license, to complete an assessment relating to California laws and regulations to reinforce the licensee’s knowledge of the relevant laws.”
2. Background. 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 that 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.

1. Sunset Review. In 2014, the Board recommended to the Committee that upon renewal of licenses under the Board’s jurisdiction, the licensee should be required to demonstrate their knowledge of the state laws and the Board’s rules regulating their areas of practice.

The Board recently researched common violations committed by licensees discovered during complaint investigations that are not necessarily standard of practice issues. The laws and regulations of the Board are readily available to its licensees on the Board’s website. While it is expected that licensees will familiarize themselves of the laws governing their practice, it is apparent that many licensees do not review them on a regular basis or even when significant changes are made.

For instance, for many years following the requirement of written contracts for licensees AB 2696 (Cox, Chapter 976, Statutes of 2000), numerous complaints were received alleging that a written contract was not executed. In several cases, it became apparent during the Board’s investigation that compliance with the written contract statute was not fulfilled. The response from many licensees was that they were unaware of the new law, even though the Board had publicized it several times in its newsletter, on its website, and through in-person outreach opportunities.

Over a three-year period, of the cases against licensees in which violations were found which did not rise to the level of warranting formal disciplinary action, approximately 45% involved violations relating to non-practice related laws, such as failing to include all of the required elements in a written contract, failing to execute a written contract, failing to sign and seal professional documents in the manner required by law, failing to submit reports of civil judgments or settlements, and failing to file Organization Record forms.

While private employees usually are the individuals who engage in written contracts, the Board reports that there are other issues with compliance regardless of where the licensee is employed (i.e., responsible charge criteria, signing and sealing documents, Code of Professional Conduct, notifying BPELSG of change of address, etc.).  The Board regularly encounters multiple situations where the licensee, employed by a public agency, runs a private practice on the side or is contracted as the licensee in Responsible Charge for multiple private businesses, all while performing their normal M-F, 9-5 job at the public agency.  Caltrans has a form for those licensees to fill out and get approved by their supervisors.  The Board has a record of this since it receives complaints on these licensees or private firms and violations typically include contract issues and lack of adequate responsible charge. 

To ensure adequate public protection and curtail unnecessary complaint investigations, the Board believes licensees should be required to periodically demonstrate their knowledge of the state laws and the Board’s rules regulating their areas of practice. The most effective way to accomplish this would be to require licensees, at the time of renewal, to complete an online assessment that would include questions regarding state laws and the Board’s rules and regulations regulating their practices. This examination would be modeled after the examination currently required for professional engineers and land surveyors at the time of initial licensure. If licensees were required to demonstrate their knowledge of the laws at the time of renewal, they would have an incentive to ensure they stay current on those laws and changes to them.

The sunset bill, AB 177 (Bonilla, Chapter 428, Statutes of 2015), ultimately did not include provisions relating to the proposed testing requirement.

1. Online Assessment. As written, this bill would require licensees to complete an online assessment testing them on California state laws and regulations in relation to their practice area. The Board reports that it would clearly indicate, on its homepage, a tab where the licensee could complete the assessment.

As the licensee moves through the assessment, two to three pop-ups will appear quizzing the licensee on the reviewed material. There is no pass/fail component. If the licensee fails to correctly answer a question, the system will outline the issue and highlight the correct response. At the end of the assessment, the licensee would sign a document highlighting that they have reviewed the information and provide their license number and last four digits of their social security number.

The Board underscores that this examination would be developed in conjunction with DCA’s SOLID unit.

1. Continuing Education Requirements. Currently, the BPELSG does not have any continuing education requirements nor does it have any plans to implement comprehensive requirements in the future.

If enacted, this bill would create a semi-continuing education requirement for licensees every two years.

1. Arguments in Support. The Board writes, “It is anticipated that these legislative changes will allow the renewal candidate to renew their license in much the same manner as it is currently processed with the additional requirement that the laws and regulations examination must be completed and passed within a reasonable timeframe of the licensee’s scheduled renewal date. Additionally, the examination would be implemented using internet-based technology such that the renewal candidate can take the examination wherever and whenever internet access is available with an instantaneous result so that if the renewal candidate fails to achieve a passing score, another attempt can be initiated as soon as the candidate is ready. The primary intent behind this requirement is to provide an environment in which the Board can efficiently increase awareness of the laws and regulations directly affecting the licensee’s practice while providing an effective and more instantaneous communication model for educating the licensees in addition to typical outreach efforts.”
2. Arguments in Opposition. Opponents believe this would create another requirement for applicants for licensure under the BPELSG.
   
3. Policy Issue: Geophysicists. Unlike professional engineers, land surveyors, and geologists, applicants for a geophysicist license are not required to complete a test on state laws and the Board’s rules and regulations regulating the practice of geophysics. This measure would create a continuing education requirement that geophysicists demonstrate knowledge of state laws and the Board’s rules and regulations after receiving a license. While the amount of licensed geophysicists may be scant, it is important to standardize procedures across all professions the Board regulates and ensure that licensed geophysicists know the law.
4. Proposed Amendments. The Author may wish to amend the bill to also require applicants for a geophysicist license to complete a test on state laws and the Board’s rules and regulations regulating the practice of geophysics by making the following change:

Amending BPC § 7841.1(d) to state: Successfully pass a written examination that shall test the applicant’s knowledge of state laws, rules and regulations, and of the principles and practices of geophysics within this state.  The board shall administer the test on the state laws and the board’s rules and regulations as a separate part of the examination for licensure as a geophysicist.

SUPPORT AND OPPOSITION:

Support:

The Board for Professional Engineers, Land Surveyors, and Geologists (Sponsor)

Eureka Right of Way Engineering

Several Individuals

Opposition:

Four Individuals

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