(1)Existing law regulating professions and vocations requires certain designated agencies, within the purview of the Department of Consumer Affairs, to require applicants to furnish their fingerprints for purposes of conducting criminal history record checks.

This bill would, beginning on January 1, 2021, add the California Architects Board and the Landscape Architects Technical Committee to the list of designated agencies subject to these provisions. The bill would also provide that beginning on January 1, 2021, the California Architects Board has the authority to obtain and review criminal offender record information to determine whether an applicant is subject to denial of a license. The bill would require, as a condition of the application for a license or reinstatement thereof, that each applicant furnish to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history check and undergoing a state and federal level criminal offender record information search. The bill would require an applicant to certify under penalty of perjury that the applicants fingerprints have been furnished to the Department of Justice in compliance with this provision and to pay the reasonable regulatory costs for furnishing the fingerprints and conducting the searches. By expanding the crime of perjury, the bill would impose a state-mandated local program.

(2)Existing law, the Architects Practice Act, establishes the California Architects Board consisting of 10 members and sets forth its powers and duties over the licensure and regulation of architects. The act permits the board to appoint a person who is exempt from civil service as its executive officer to exercise duties delegated to the officer by the board. Existing law transfers duties previously within the jurisdiction of the California State Board of Landscape Architects to the California Architects Board. Existing law also creates a Landscape Architects Technical Committee within the jurisdiction of the board and authorizes the committee to assist the board in examining candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of the act. Existing law repeals these provisions on January 1, 2020.

This bill would extend the operation of these provisions until January 1, 2024. The bill would also confer specified powers of the board to its executive officer, or, in the executive officers absence, to the acting executive officer. These powers would include receiving and filing accusations, issuing notices of hearings, and conducting various other duties in connection with the boards administrative hearing duties. The bill would additionally delegate to the executive officer the boards power to evaluate and determine qualifications and approve applicants for examination and determine eligibility for applicants for reciprocity licenses to waive the written examination.

This bill would also make nonsubstantive changes to those provisions related to the renaming of the State Board of Architectural Examiners to the California Architects Board.

(3)Existing law authorizes boards within the Department of Consumer Affairs, to establish, by regulation, a system for issuing a citation to a licensee in accordance with certain provisions. Under existing law, the system is required to contain, among other elements, information provided to the licensee that if they desire a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 days of the date of issuance of the citation or assessment.

This bill would authorize a cited person subject to the Architects Practice Act, in addition to requesting an administrative hearing as described above, to request an informal conference to review the acts charged in the citation, in accordance with certain procedural requirements and timeframes.

(4)Under existing law, an architect is required to use a written contract when contracting to provide professional services, as specified. Existing law requires that the contract include, among other things, a description of services to be provided and a description of the procedure to be used to accommodate additional services.

This bill would require the written contract to also include a description of the project, a description of the procedure that will be used to accommodate additional services and contract changes, the project address, a statement identifying the ownership and use of instruments of service prepared by the architect, and a statement notifying the client that the architect is licensed and regulated by the board located at a specified address. The bill would provide that the written contract requirement does not apply to professional services rendered to a public agency when using that agencys written contract.

(5)Existing law requires a landscape architect to use a written contract when contracting to provide professional services. Existing law requires that the contract include, among other things, a description of services to be provided, a description of the procedure to be used to accommodate additional services, and a notice that landscape architects are licensed by the State of California.

This bill would require the written contract to also include a description of the project for which the client is seeking services, a description of the procedure that the landscape architect and the client will use to accommodate contract changes, a statement identifying the ownership and use of instruments of service prepared, and a statement notifying the client that the landscape architect is licensed by the Landscape Architects Technical Committee located at a specified address. The bill would revise and recast related provisions governing written contracts for landscape architects. The bill would provide that the written contract requirement does not apply to professional services rendered to a public agency when using that agencys written contract.

(6)Existing law makes it a misdemeanor for a person to advertise or represent that they are a registered building designer or registered or otherwise licensed by the state as a building designer.

This bill would delete the above misdemeanor penalty provision prohibiting a person from advertising or representing that they are a registered building designer or registered or otherwise licensed by the state as a building designer.

(7)Existing law requires a person licensed to practice architecture to complete, as a condition of license renewal, a specified amount of coursework regarding disability access requirements that depends on the date of renewal. Existing law requires a licensee to comply with specified recordkeeping requirements to that effect.

This bill would revise and recast those requirements to, among other changes, require a licensee to complete 5 hours of coursework that meets certain requirements, and would require the board to promulgate regulations to establish qualifications for courses and course providers by January 1, 2023. The bill would also make a licensee who provides false or misleading information as it relates to completion of coursework requirements subject to an administrative citation or disciplinary action by the board and would make specified changes to the recordkeeping requirements.

(8)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(9)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.

 UNFINISHED BUSINESS  

Bill No: SB 608

Author: Glazer (D)

Amended: 7/2/19

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/22/19

AYES: Glazer, Chang, Archuleta, Dodd, Galgiani, Hill, Leyva, Pan, Wilk

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SENATE FLOOR: 38-0, 5/23/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 79-0, 9/10/19 - See last page for vote

SUBJECT: Architects and landscape architects.

SOURCE: Author

DIGEST:

This bill extends the operations of the California Architects Board (CAB) and the Landscape Architects Technical Committee (LATC) for four years.

Assembly Amendments

are technical, clarifying, and make various conforming changes.

ANALYSIS:

Existing law:

1. Establishes the CAB within the Department of Consumer Affairs (DCA) to regulate the practice of architects until January 1, 2020. (Business and Professions Code (BPC) Section 5510)
2. Establishes LATC within CAB to regulate the practice of landscape architects until January 1, 2020. (BPC §§ 5621 – 5622)
3. Establishes requirements for written contracts of both architects and landscape architects. (BPC §§ 5536.22, 5616)
4. Requires an architect to complete coursework on disability access requirements as a condition of license renewal. Coursework shall include information and practical guidance concerning requirements imposed by the Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. Coursework provided pursuant to this paragraph shall be presented by trainers or educators with knowledge and expertise in these requirements. (BPC § 5600.05)
5. Requires CAB, until January 1, 2015, to audit at least 3 percent of the license renewals received each year to verify the completion of the continuing education (CE) requirements. (BPC § 5600.05)

This bill:

1. Requires the CAB and the LATC to conduct background checks on applicants beginning January 1, 2021.
2. Extends the sunset date on the CAB and LATC until January 1, 2024.
3. Authorizes an individual who receives a citation from the CAB to request an informal conference in writing, within 30 days of the date of citation, to the EO. Authorizes the CAB Executive Officer (EO) or their designee to affirm, modify, or dismiss the citation following the informal conference, including any fine levied, order of abatement, or order of correction issued. Authorizes the cited person to request a formal hearing if the citation is affirmed or modified, as specified. Prohibits a cited person from requesting an informal conference for a citation which has been affirmed or modified following an informal conference.
4. Modifies the requirements of an architect’s written contract, and exempts the contract requirements for professional services rendered by an architect to a public agency when using that public agency’s written contract.
5. Requires CAB to promulgate regulations to establish qualifications for continuing education (CE) courses and CE course providers (CEP) by January 1, 2023. Requires CAB to audit at least three percent of renewed licenses each year for CE completion. Authorizes a CEP to submit evidence of completed coursework directly to the CAB.
6. Modifies the written contract requirements for a landscape architect and allows an exemption from these requirements if the client states in writing after full disclosure that a written contract is not required.
7. Authorizes the LATC to delegate to the EO, or acting EO, the following duties, which would conform to the CAB’s delegation to the EO:
   1. Receive and file accusations.
   2. Issue notices of hearings, statements to respondents, and statements of issues.
   3. Receive and file notices of defense.
   4. Determine the time and place of hearings.
   5. Issue subpoenas and subpoenas duces tecum.
   6. Set calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the LATC in connection with specified proceedings.
   7. Approve settlement agreements for the revocation or surrender of a license.
   8. Certification and delivery or mailing copies of decisions.
   9. Evaluate and determine qualifications and approve applicants for examination.
   10. Determine which applicants for reciprocity licenses are entitled to waiver of the written examination.
8. Makes technical changes.

Background

CAB and LATC. The Governor of California approved “An Act to Regulate the Practice of Architecture” in 1901, thus creating CAB’s predecessor, the State Board of Architecture. The Legislature changed its name in 1929 to the California State Board of Architectural Examiners, reflecting the fact the CAB administered exams, both oral and written, to prospective architects. The CAB assumed oversight responsibilities for the Landscape Architects Technical Committee in 1998. CAB gained its current moniker in 2000 to reflect that, in addition to examining candidates, the CAB also maintains a wide range of programs to protect consumers and broadly regulates the practice of architecture. CAB oversees more than 21,000 licensed architects.

The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.

California began regulating the practice of landscape architecture in 1953 by forming the Board of Landscape Architecture (BLA). BLA became a Committee under the CAB in 1998. The LATC mission is to regulate the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act (Act) to protect consumers, and the public health, safety, and welfare while safeguarding the environment. There are approximately 3,600 active landscape architect licensees. California has both a practice act, which precludes unlicensed individuals from practicing landscape architecture, and a title act, which restricts use of the title “landscape architect” to those licensed by the LATC.

Sunset Review Oversight.  Beginning in 2018, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 10 regulatory entities and the DCA. This bill makes numerous changes to CAB and LATC as a result of their sunset review reports and subsequent participation in a sunset review hearing on March 5, 2019.

Fingerprinting. Unlike most other DCA boards and bureaus, CAB is not statutorily mandated to fingerprint candidates as a condition of license. In meeting its Strategic Plan objectives in 2011 and 2012, the CAB considered adopting a fingerprint requirement, but determined that the increased costs and likely de minimis arrest reports would not substantially increase the public’s health, safety, and welfare. This issue was revisited in 2018, at which the REC concluded there is insufficient data to justify the need for fingerprinting. However, public protection is the highest priority for the CAB, and this bill requires applicants to be fingerprinted.

Informal office conferences. Several other boards and bureaus within DCA allow the EO, or his or her designee, to conduct an informal settlement conference, which would allow a licensee to provide explanatory information that may result in a modification of the original citation. The CAB has proposed language that would authorize the EO to delegate the authority to affirm, modify or dismiss the citation to another individual. This bill makes this change and ensures a person who received a citation may request an appeal through a formal hearing.

CAB CEs. Current law requires California architects to complete five hours of CE on disability access requirements as a condition of license renewal. The coursework must include information and practical guidance on the Americans with Disabilities Act of 1990 and related state and federal laws. The only criteria for CEP eligibility is that the content must be presented by trainers or educators with “knowledge and expertise” in these requirements. There are no accreditation or approval requirements for either CE or CEPs, and thus, licensees may not be getting the full benefit of this learning opportunity. This bill requires CAB to establish minimum criteria for CE and CE providers by January 1, 2023.

Written contract requirements for CAB and LATC. The CAB and LATC indicate that their written contact requirements are one of their most important consumer protection tools. The requirements need updating to reflect current realities, however. This bill implements changes suggested by the CAB and LATC.

EO duties for CAB and LATC. Currently, CAB allows the EO to approve settlement agreements for revocation or surrender of a license.  The LATC, however, does not, which requires a licensee surrendering a license to appear before the CAB at one of its quarterly meetings. This bill aligns the EO duties for both regulating entities to streamline discipline and comply with the LATC’s strategic objective to parallel its practices with the CAB.

Sunset extension. This bill extends the sunset dates on both the CAB and LATC until January 1, 2024.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, this bill will result in ongoing special fund costs of approximately $4.1 million to extend the CAB beyond the January 1, 2020 and approximately $1.0 million to extend the LATC beyond the January 1, 2020, sunset date. CAB and LATC both indicate all additional costs and workload associated with the fingerprinting and background check requirements are likely less than $45,000 and are absorbable within existing resources.

SUPPORT: (Verified 9/9/19)

American Institute of Architects, California

California Architects Board

California Council of the American Society of Landscape Architects

OPPOSITION: (Verified 9/9/19)

None received

ASSEMBLY FLOOR: 79-0, 9/10/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104

9/10/19 23:01:48

**** END ****

SENATE THIRD READING

STR Bill Id:SB 608

Author:(Glazer)

As Amended Ver:July 2, 2019

Majority vote

SUMMARY:

This bill extends the sunset dates for the California Architects Board (CAB), and for the Landscape Architects Technical Committee (LATC), from January 1, 2020, to January 1, 2024, and makes several changes recommended through the sunset review process. These changes include requiring the CAB and the LATC to conduct background checks on applicants, modifying requirements of written contracts, aligning executive officer duties for both the CAB and the LATC and requiring the CAB to establish standards for continuing education.

Major Provisions

1. Requires the CAB and the LATC to conduct background checks on applicants beginning January 1, 2021.
2. Extends the sunset date on the CAB and LATC until January 1, 2024.
3. Authorizes an individual who receives a citation from the CAB to request an informal conference in writing, within 30 days of the date of citation, to the Executive Officer (EO). Authorizes the CAB EO or their designee to affirm, modify, or dismiss the citation following the informal conference, including any fine that is levied, order of abatement, or order of correction issued. Authorizes the cited person to request a formal hearing if the citation is affirmed or modified, as specified. Prohibits a cited person from requesting an informal conference for a citation which has been affirmed or modified following an informal conference.
4. Modifies the requirements of an architect's written contract, and exempts the contract requirements for professional services rendered by an architect to a public agency.
5. Requires CAB to promulgate regulations to establish qualifications for CE courses and CE course providers (CEP) by January 1, 2023. Requires CAB to audit at least three percent of renewed licenses each year for CE completion. Authorizes a CEP to submit evidence of completed coursework directly to the CAB.
6. Modifies the written contract requirements for a landscape architect and allows an exemption from these requirements if the client states in writing after full disclosure that a written contract is not required.
7. Authorizes the LATC to delegate to the EO, or acting EO, the following duties, which would conform to the CAB's delegation to the EO:
   1. Receive and file accusations.
   2. Issue notices of hearings, statements to respondents, and statements of issues.
   3. Receive and file notices of defense.
   4. Determine the time and place of hearings.
   5. Issue subpoenas and subpoenas duces tecum.
   6. Set calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the LATC in connection with specified proceedings.
   7. Approve settlement agreements for the revocation or surrender of a license.
   8. Certification and delivery or mailing copies of decisions.
   9. Evaluate and determine qualifications and approve applicants for examination.
   10. Determine which applicants for reciprocity licenses are entitled to waiver of the written examination.
8. Makes technical changes.

COMMENTS:

This bill seeks to implement recommendations identified through the sunset review process, including extending the sunset dates of the CAB and the LATC by four years.

The CAB regulates the practice of architecture in California by establishing requirements for the examination and licensing of the architecture profession. CAB oversees over 21,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The LATC, under the purview of the CAB, was created to establish license standards and enforce the laws and regulations governing the practice of landscape architecture in California. The LATC currently licenses more than 3,600 landscape architects.

According to the Author:

According to the author, "This bill is necessary to make changes to the Act in order to improve the effectiveness and efficiency of this regulatory entity."

Arguments in Support:

The California Architects Board (Board) is pleased to convey its support for this bill, "This bill extends the sunset date for the Board and the Landscape Architects Technical Committee (LATC) until January 1, 2024. SB 608 also makes additional changes to the Board and LATC's practice acts, including changes to the written contract requirements and will be amended to require Board applicants to be fingerprinted prior to licensure."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

1. On-going annual special fund costs of approximately $4.1 million (California Architects Board Fund) to extend the CAB beyond the January 1, 2020, sunset date. This fund is self-supporting with fee revenue.
2. On-going annual special fund costs of approximately $1.0 million (Landscape Architects Fund) to extend the LATC beyond the January 1, 2020, sunset date. This fund is self-supporting with fee revenue.
3. CAB and LATC both indicate all additional costs and workload associated with the fingerprinting and background check requirements are likely less than $45,000 and are absorbable within existing resources.

VOTES:

SENATE FLOOR: 38-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASM BUSINESS AND PROFESSIONS: 19-0-0

YES: Low, Brough, Arambula, Bloom, Chen, Chiu, Cunningham, Eggman, Fong, Gipson, Gloria, Grayson, Holden, Irwin, McCarty, Medina, Mullin, Obernolte, Ting

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: July 2, 2019

CONSULTANT: Danielle Sires / B. & P. / (916) 319-3301 FN: 0001608

Date of Hearing: August 14, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 608

Author:(Glazer) – As Amended Ver:July 2, 2019

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

SUMMARY:

This bill extends the sunset dates for the California Architects Board (CAB), and for the Landscape Architects Technical Committee (LATC), from January 1, 2020, to January 1, 2024, and makes several changes recommended through the sunset review process. These changes include requiring the CAB and the LATC to conduct background checks on applicants, modifying requirements of written contracts, aligning executive officer duties for both the CAB and the LATC and requiring the CAB to establish standards for continuing education.

FISCAL EFFECT:

1. On-going annual special fund costs of approximately $4.1 million (California Architects Board Fund) to extend the CAB beyond the January 1, 2020, sunset date. This fund is self-supporting with fee revenue.
2. On-going annual special fund costs of approximately $1.0 million (Landscape Architects Fund) to extend the LATC beyond the January 1, 2020, sunset date. This fund is self-supporting with fee revenue.
3. CAB and LATC both indicate all additional costs and workload associated with the fingerprinting and background check requirements are likely less than $45,000 and are absorbable within existing resources.

COMMENTS:

1. Purpose. This bill seeks to implement recommendations identified through the sunset review process, including extending the sunset dates of the CAB and the LATC by four years. According to the author, “This bill is necessary to make changes to the Act in order to improve the effectiveness and efficiency of this regulatory entity.”
2. Background. The CAB regulates the practice of architecture in California by establishing requirements for the examination and licensing of the architecture profession. CAB oversees over 21,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The LATC, under the purview of the CAB, was created to establish license standards and enforce the laws and regulations governing the practice of landscape architecture in California. The LATC currently licenses more than 3,600 landscape architects.

On March 5, 2019, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee held a joint sunset review hearing for the CAB and the LATC. In response to the recommendations in the background paper and the sunset hearing, this bill extends the sunset dates for the CAB and the LATC for four years and incorporates changes that arose out of the sunset review process.

1. Related Legislation. This bill is one of nine measures introduced this session to extend the sunset on licensing boards within DCA. The others include SB 607 (Glazer) pending with the Assembly Business and Professions Committee, and SB 606 (Glazer), SB 609 (Glazer) and SB 610 (Glazer), pending with this committee. The Assembly bills include AB 1520 (Low), AB 1521 (Assembly Committee on Business and Professions), AB 1522 (Low) and AB 1523 (Low). All are pending in the Senate Appropriations Committee.

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

Date of Hearing: July 9, 2019

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

SBPCA Bill Id:SB 608

Author:(Glazer) – As Amended Ver:April 24, 2019

SENATE VOTE: 38-0

SUBJECT: Architects

SUMMARY: Enacts recommendations from the Sunset Review Background paper for the California Architects Board (CAB) and the Landscape Architects Technical Committee (LATC), including requiring each to conduct background checks on applicants, modifies requirements of written contracts, aligns Executive Officer (EO) duties for both CAB and LATC, requires CAB to establish standards for continuing education, and extends the sunset dates for both entities until January 1, 2024.

EXISTING LAW:

1. Establishes the CAB within the Department of Consumer Affairs (DCA) to regulate the practice of architects until January 1, 2020. (Business and Professions Code (BPC) § 5510)
2. Establishes LATC within CAB to regulate the practice of landscape architects until January 1, 2020. (BPC §§ 5621 – 5622)
3. Establishes requirements for written contracts of both architects and landscape architects. (BPC §§ 5536.22, 5616)
4. Requires an architect to complete coursework on disability access requirements as a condition of license renewal. Coursework shall include information and practical guidance concerning requirements imposed by the Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. Coursework provided pursuant to this paragraph shall be presented by trainers or educators with knowledge and expertise in these requirements. (BPC § 5600.05)
5. Requires CAB, until January 1, 2015, to audit at least 3 percent of the license renewals received each year to verify the completion of the continuing education (CE) requirements. (BPC § 5600.05)

THIS BILL:

1. Requires the CAB and the LATC to conduct background checks on applicants beginning January 1, 2021.
2. Extends the sunset date on the CAB and LATC until January 1, 2024.
3. Authorizes an individual who receives a citation from the CAB to request an informal conference in writing, within 30 days of the date of citation, to the EO. Authorizes the CAB EO or their designee to affirm, modify, or dismiss the citation following the informal conference, including any fine that is levied, order of abatement, or order of correction issued. Authorizes the cited person to request a formal hearing if the citation is affirmed or modified, as specified. Prohibits a cited person from requesting an informal conference for a citation which has been affirmed or modified following an informal conference.
4. Modifies the requirements of an architect’s written contract, and exempts the contract requirements for professional services rendered by an architect to a public agency.
5. Requires CAB to promulgate regulations to establish qualifications for CE courses and CE course providers (CEP) by January 1, 2023. Requires CAB to audit at least three percent of renewed licenses each year for CE completion. Authorizes a CEP to submit evidence of completed coursework directly to the CAB.
6. Modifies the written contract requirements for a landscape architect and allows an exemption from these requirements if the client states in writing after full disclosure that a written contract is not required.
7. Authorizes the LATC to delegate to the EO, or acting EO, the following duties, which would conform to the CAB’s delegation to the EO:
   1. Receive and file accusations.
   2. Issue notices of hearings, statements to respondents, and statements of issues.
   3. Receive and file notices of defense.
   4. Determine the time and place of hearings.
   5. Issue subpoenas and subpoenas duces tecum.
   6. Set calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the LATC in connection with specified proceedings.
   7. Approve settlement agreements for the revocation or surrender of a license.
   8. Certification and delivery or mailing copies of decisions.
   9. Evaluate and determine qualifications and approve applicants for examination.
   10. Determine which applicants for reciprocity licenses are entitled to waiver of the written examination.
8. Makes technical changes.

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

COMMENTS:

Purpose. This is an Author sponsored bill. According to the Author, “[This bill] is necessary to reflect Senate Business and Professions Committee staff recommendations made to remedy issues identified through the CAB and LATC Sunset Review process. This measure is one of four sunset bills the Author is sponsoring this year. According to the Author, this bill is necessary to make changes to the Act in order to improve the effectiveness and efficiency of this regulatory entity.”

Background. The Governor of California approved “An Act to Regulate the Practice of Architecture” in 1901, thus creating CAB’s predecessor, the State Board of Architecture. The Legislature changed its name in 1929 to the California State Board of Architectural Examiners, reflecting the fact the Board administered exams, both oral and written, to prospective architects. The Board assumed oversight responsibilities for the Landscape Architects Technical Committee in 1998. CAB gained its current moniker in 2000 to reflect that, in addition to examining candidates, the CAB also maintains a wide range of programs to protect consumers and broadly regulates the practice of architecture. CAB oversees more than 21,000 licensed architects.

The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.

California began regulating the practice of landscape architecture in 1953 by forming the Board of Landscape Architecture (BLA). BLA became a Committee under the California Architecture Board in 1998.

The LATC mission is to regulate the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act (Act) to protect consumers, and the public health, safety, and welfare while safeguarding the environment. There are approximately 3,600 active landscape architect licensees. California has both a practice act, which precludes unlicensed individuals from practicing landscape architecture, and a title act, which restricts use of the title “landscape architect” to those licensed by the LATC.

Review of the CAB – Issues Identified and Recommended Changes. The following are some of the major issues and staff recommendations pertaining to CAB.

a) Issue. CAB does not have authority to fingerprint license applicants.

Unlike most other DCA boards and bureaus, CAB is not statutorily mandated to fingerprint candidates as a condition of license. In meeting its Strategic Plan objectives in 2011 and 2012, the Board considered adopting a fingerprint requirement, but determined that the increased costs and likely de minimis arrest reports would not substantially increase the public’s health, safety, and welfare. This issue was revisited in 2018, at which the REC concluded there is insufficient data to justify the need for fingerprinting. Factoring into its decision were the following considerations:

1. A low percentage of the Board’s applicant and licensee population has criminal records, and of those, most are not substantially related to the qualifications, functions, or duties of an architect.

2. Applicants and licensees must disclose convictions to the Board.

3. A fingerprint requirement would result in increased costs.

4. Related design and construction boards (the Board for Professional Engineers, Land Surveyors, and Geologists and the Contractors State License Board) fingerprint their applicants, but only deny a negligible percentage of applications due to prior convictions.

5. The Texas Board of Architectural Examiners is the only architectural licensing board in the United States with a fingerprint requirement.

6. A fingerprint requirement would only apply to applicants and licensees, not unlicensed employees of architectural firms who enter consumers’ homes and businesses.

7. Licensees who work on school projects are required to submit to a background check.

Recommendation and Proposed Statutory Change: Public protection is the highest priority for the CAB, and applicants should be fingerprinted. Amend BPC § 144 to include the CAB.

This bill implements the above recommendation.

b) Issue. CAB’s EO is not authorized to hold an informal conference with a person who received a citation.

Several other boards and bureaus within DCA allow the EO, or his or her designee, to conduct an informal settlement conference, which would allow a licensee to provide explanatory information that may result in a modification of the original citation. The Board has proposed language that would authorize the EO to delegate the authority to affirm, modify or dismiss the citation to another individual.

Recommendation and Proposed Statutory Change. The Act should be updated to allow a designee the authority to hold an informal conference with a person who received a citation.

This bill implements the above recommendation and ensures a person who received a citation may request an appeal through a formal hearing.

c) Issue. CAB has minimal criteria for CE or CEPs.

Current law requires California architects to complete five hours of CE on disability access requirements as a condition of license renewal. The coursework must include information and practical guidance on the Americans with Disabilities Act of 1990 and related state and federal laws. The only criteria for CEP eligibility is that the content must be presented by trainers or educators with “knowledge and expertise” in these requirements. There are no accreditation or approval requirements for either CE or CEPs, and thus, licensees may not be getting the full benefit of this learning opportunity.

Recommendation and Proposed Statutory Change. CAB should establish minimum criteria for CE and CE providers.

This bill requires CAB to establish standards for CE and CEPs by January 1, 2023.

d) Issue. The “written contract requirement” provisions of law need updating.

The CAB indicates that its “written contact requirement” is one of its most important consumer protection tools. Current law requires an architect’s written contract to:

1) describe the services to be provided by the architect to the client;

2) describe the basis of compensation and method of payment;

3) identify by name and address the client and the architect, including the architect’s license number;

4) describe the procedure to accommodate additional services; and

5) describe the procedure to be used by both parties to terminate the contract.

The CAB has investigated many consumer complaints that centered on the existence of a contract or meaning of specific terms. As such, the CAB’s experts in the Enforcement Program have identified several potential improvements to the current law. Many of the disputes that have resulted in complaints stemmed from misunderstandings concerning the project description and/or failure to manage changes in the project description during the design process. The description of the project has direct bearing on the design services required, compensation related to those services, and the project budget and schedule. Without a defined project description, it is often unclear whether the project is on track in meeting the expectations and project requirements established by the client and the architect.

According to the Rules of Professional Conduct, architects are prohibited from materially altering the scope or objective of a project without first fully informing the client and obtaining the client’s consent in writing. However, architects are not currently required to define the project description in their written contracts. Therefore, it can be difficult for the client or architect to determine when the project description has been materially altered if it has not first been defined and agreed upon in the written contract.

The CAB has also received complaints and questions from consumers regarding the ownership and use of an architect’s instruments of service (plans, drawings, etc.). Current law prohibits the use of an architect’s instruments of service without the consent of the architect in a written contract, written agreement, or written license specifically authorizing that use. However, architects are not currently required to include a provision addressing the ownership and use of their instruments of service in their written contracts with clients. Therefore, clients are often unaware of each party’s rights with respect to the architect’s instruments of service.

Recommendation and Proposed Statutory Change. Require the following in architects’ written contracts for professional services:

1) A description of the project for which the client is seeking services;

2) the project address;

3) a description of the procedure that the architect and the client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation and method of payment;

4) a statement identifying the ownership and use of instruments of service prepared by the architect; and

5) a statement notifying the client that architects are licensed and regulated by the Board.

6) an exemption for public agencies.

This bill implements the above recommendations.

e) Issue. Should the licensing and regulation of architects be continued by CAB?

Clients and the public are best protected by strong regulatory boards with oversight of licensed professions. CAB has proven to be a competent steward of the architect profession, and should be continued with a four-year extension of its sunset date.

Recommendation and Proposed Statutory Change. The licensing and regulation of architects should continue to be regulated by the Board, and it should be reviewed again in four years.

This bill implements the above recommendation.

Review of the LATC - Issues Identified and Recommended Changes. The following are some of the major issues and staff recommendations pertaining to LATC.

a) Issue – The “written contract requirement” provisions of law need updating.

The Committee indicates that its “written contact requirement” is one of its most important consumer protection tools. Current law requires a landscape architect’s written contract to

1. Describe the services to be provided by the landscape architect to the client;

2. Describe the basis of compensation, including total cost and method of payment;

3. Include a notice that reads, “Landscape architects are licensed by the State of California”;

4. Identify by name and address the client and the landscape architect, including the landscape architect’s license number;

5. Describe the procedure to accommodate additional services; and

6. Describe the procedure to be used by both parties to terminate the contract.

The CAB has investigated many consumer complaints related to contracts, and LATC’s experts in the Enforcement Program have identified several potential improvements to the current law.

Many of the disputes stemmed from misunderstandings of the project description and/or failure to manage changes in the project description during the design process. The description of the project has direct bearing on the design services required, compensation related to those services, and the project budget and schedule. Without a defined project description, it is often unclear whether the project is on track to meet expectations and project requirements established by the client and the architect.

According to the Rules of Professional Conduct, landscape architects are prohibited from materially altering the scope or objective of a project without first fully informing the client and obtaining the client’s consent in writing. However, landscape architects are not currently required to define the project description in their written contracts. Therefore, it can be difficult for the client or landscape architect to determine when the project description has been materially altered if it has not first been defined and agreed upon in the written contract.

The LATC has also received complaints and questions from consumers regarding the ownership and use of landscape architect’s instruments of service. Current law prohibits the use of landscape architect’s instruments of service without the consent of the landscape architect in a written contract, written agreement, or written license specifically authorizing that use. However, landscape architects are not currently required to include a provision addressing the ownership and use of their instruments of service in their written contracts with clients. Therefore, clients are often unaware of each party’s rights with respect to the landscape architect’s instruments of service.

The LATC is proposing to clarify current law to include the following elements in landscape architects’ written contracts:

1. A description of the project for which the client is seeking services;

2. The project address;

3. A description of the procedure that the landscape architect and the client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation and method of payment; and

4. A statement identifying the ownership and use of instruments of service prepared by the landscape architect.

5. A clarification that landscape architects are licensed by LATC.

The LATC expects this proposal to benefit consumers and landscape architects by providing enhanced transparency for contracted parties, thereby reducing the number of disputes related to project description disagreements, unauthorized changes made to the project during the design process, and/or the ownership and use of instruments of service.

Recommendation and Proposed Statutory Change. Amend the law as proposed by the LATC.

This bill implements the above recommendation.

b) Issue. CAB and the LATC designate different duties to the EO.

Currently, CAB allows the EO to approve settlement agreements for revocation or surrender of a license. The LATC, however, does not, which requires a licensee surrendering a license to appear before the CAB at one of its quarterly meetings. Aligning the EO duties for both regulating entities would streamline discipline and comply with the LATC’s strategic objective to align its practices with the CAB.

Recommendation and Proposed Statutory Change. Adopt language approved by the LATC to allow the EO to approve settlement agreements for revocation or surrender of a license.

This bill implements the above recommendation.

c) Issue. Should the licensing and regulation of landscape architects be continued by the LATC, through the CAB?

Clients and the public are best protected by strong regulatory boards with oversight of licensed professions. LATC has proven to be a competent steward of the landscape architect profession and should be continued with a four-year extension of its sunset date.

Recommendation and Proposed Statutory Change: The licensing and regulation of landscape architects should continue to be regulated by the LATC, and it should be reviewed again in four years.

This bill extends LATC’s sunset date until January 1, 2024.

Current Related Legislation. AB 1519 (Low), which is pending in the Senate, is the sunset review bill for the Dental Board of California and would extend the board and it’s authority to appoint an executive officer until January 1, 2024.

AB 1520 (Low), which is pending in the Senate, is the sunset review bill for the Court Reporters Board of California and would extend the board and it’s authority to appoint an executive officer until January 1, 2024.

AB 1521 (Committee on Business and Professions), which is pending in the Senate, is the sunset review bill for the California Board of Accountancy, would extend the board and its authorization to designate an executive officer to January 1, 2024, and would make various technical and nonsubstantive changes.

AB 1522 (Low), which is pending in the Senate, is the sunset review bill for the Board for Professional Engineers, Land Surveyors, and Geologists and would extend the board and it’s authority to appoint an executive officer until January 1, 2024.

AB 1523 (Low), which is pending in the Senate, is the sunset review bill for the State Athletic Commission and would extend the Commission and it’s authority to appoint an executive officer until January 1, 2024, and authorize the Commission to hire a Chief Athletic Inspector and Assistant Chief Athletic Inspector.

SB 607 (Glazer), which is pending in this Committee, is the sunset review bill for the Board of Barbering and Cosmetology would require the board’s Health and Safety Advisory Committee (Advisory Committee) to include three board members and adds information on professional cosmetic labeling requirements to the list of health and safety issues the Advisory Committee provides advice and recommendations on barbering and cosmetology.

SB 608 (Glazer), which is pending in this Committee, is the sunset review bill for the California Architects Board and the Landscape Architects Technical Committee and requires each to conduct background checks on applicants, modifies requirements of written contracts, aligns executive officer duties for both the board and the committee, requires the board to establish standards for continuing education, and extends the sunset dates for both entities until January 1, 2024.

SB 609 (Glazer), which is pending in this Committee, is the sunset review bill for the bill for the Bureau of Security and Investigative Services, which would prohibit the bureau from issuing firearms permits to applicants under 21 years of age; consolidate the Private Investigator Fund and the Private Security Services Fund into one fund; place the responsibility of completing annual guard skills training on the security guard registrant and require the registrant, instead of the employer, to attest on their renewal application that they have completed the required annual security guard skills training; require security guards who are unemployed or working for a business that does not require a private patrol operator license to be responsible for completing annual guard skills training in order to maintain a valid registration; eliminate the requirement for the employer’s signature that attests to an applicant completing the power to arrest training and instead requires the security guard applicant to provide specified proof of the training; require the bureau to be reviewed by the appropriate policy of the Legislature by January 1, 2024; and make other technical and clarifying changes to the six practice acts regulated by BSIS.

SB 610 (Glazer), which is pending in this Committee, is the sunset review bill for the Contractors’ State License Board and would extend the sunset date of the board and its authority to appoint a registrar until January 1, 2024; requires the board to conduct a study of the contractor bond; and makes other technical and clarifying changes to the Contractors’ State License Law.

ARGUMENTS IN SUPPORT:

The California Architects Board (Board) is pleased to convey its support for SB 608, “This bill extends the sunset date for the Board and the Landscape Architects Technical Committee (LATC) until January 1, 2024. SB 608 also makes additional changes to the Board and LATC’s practice acts, including changes to the written contract requirements and will be amended to require Board applicants to be fingerprinted prior to licensure.”

REGISTERED SUPPORT:

American Institute Of Architects, California Council

California Council of the American Society of Landscape Architects

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Danielle Sires / B. & P. / (916) 319-3301

 THIRD READING  

Bill No: SB 608

Author: Glazer (D)

Amended: 4/24/19

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/22/19

AYES: Glazer, Chang, Archuleta, Dodd, Galgiani, Hill, Leyva, Pan, Wilk

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SUBJECT: Architects

SOURCE: Author

DIGEST:

This bill enacts recommendations from the Sunset Review Background paper for the California Architects Board (CAB) and the Landscape Architects Technical Committee (LATC).

ANALYSIS:

1. Establishes the CAB within the Department of Consumer Affairs (DCA) to regulate the practice of architects until January 1, 2020. (Business and Professions Code (BPC) Section 5510)
2. Establishes LATC within CAB to regulate the practice of landscape architects until January 1, 2020. (BPC §§ 5621 – 5622)
3. Establishes requirements for written contracts of both architects and landscape architects. (BPC §§ 5536.22, 5616)
4. Requires an architect to complete coursework on disability access requirements as a condition of license renewal. Coursework shall include information and practical guidance concerning requirements imposed by the Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. Coursework provided pursuant to this paragraph shall be presented by trainers or educators with knowledge and expertise in these requirements. (BPC § 5600.05)
5. Requires CAB, until January 1, 2015, to audit at least 3 percent of the license renewals received each year to verify the completion of the continuing education (CE) requirements. (BPC § 5600.05)

This bill:

1. Requires the CAB and the LATC to conduct background checks on applicants beginning January 1, 2021.
2. Extends the sunset date on the CAB and LATC until January 1, 2024.
3. Authorizes an individual who receives a citation from the CAB to request an informal conference in writing, within 30 days of the date of citation, to the EO. Authorizes the CAB Executive Officer (EO) or their designee to affirm, modify, or dismiss the citation following the informal conference, including any fine levied, order of abatement, or order of correction issued. Authorizes the cited person to request a formal hearing if the citation is affirmed or modified, as specified. Prohibits a cited person from requesting an informal conference for a citation which has been affirmed or modified following an informal conference.
4. Modifies the requirements of an architect’s written contract, and exempts the contract requirements for professional services rendered by an architect to a public agency when using that public agency’s written contract.
5. Requires CAB to promulgate regulations to establish qualifications for continuing education (CE) courses and CE course providers (CEP) by January 1, 2023. Requires CAB to audit at least three percent of renewed licenses each year for CE completion. Authorizes a CEP to submit evidence of completed coursework directly to the CAB.
6. Modifies the written contract requirements for a landscape architect and allows an exemption from these requirements if the client states in writing after full disclosure that a written contract is not required.
7. Authorizes the LATC to delegate to the EO, or acting EO, the following duties, which would conform to the CAB’s delegation to the EO:
   1. Receive and file accusations.
   2. Issue notices of hearings, statements to respondents, and statements of issues.
   3. Receive and file notices of defense.
   4. Determine the time and place of hearings.
   5. Issue subpoenas and subpoenas duces tecum.
   6. Set calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the LATC in connection with specified proceedings.
   7. Approve settlement agreements for the revocation or surrender of a license.
   8. Certification and delivery or mailing copies of decisions.
   9. Evaluate and determine qualifications and approve applicants for examination.
   10. Determine which applicants for reciprocity licenses are entitled to waiver of the written examination.
8. Makes technical changes.

Background

CAB and LATC. The Governor of California approved “An Act to Regulate the Practice of Architecture” in 1901, thus creating CAB’s predecessor, the State Board of Architecture. The Legislature changed its name in 1929 to the California State Board of Architectural Examiners, reflecting the fact the CAB administered exams, both oral and written, to prospective architects. The CAB assumed oversight responsibilities for the Landscape Architects Technical Committee in 1998. CAB gained its current moniker in 2000 to reflect that, in addition to examining candidates, the CAB also maintains a wide range of programs to protect consumers and broadly regulates the practice of architecture. CAB oversees more than 21,000 licensed architects.

The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.

California began regulating the practice of landscape architecture in 1953 by forming the Board of Landscape Architecture (BLA). BLA became a Committee under the CAB in 1998. The LATC mission is to regulate the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act (Act) to protect consumers, and the public health, safety, and welfare while safeguarding the environment. There are approximately 3,600 active landscape architect licensees. California has both a practice act, which precludes unlicensed individuals from practicing landscape architecture, and a title act, which restricts use of the title “landscape architect” to those licensed by the LATC.

Fingerprinting. Unlike most other DCA boards and bureaus, CAB is not statutorily mandated to fingerprint candidates as a condition of license. In meeting its Strategic Plan objectives in 2011 and 2012, the CAB considered adopting a fingerprint requirement, but determined that the increased costs and likely de minimis arrest reports would not substantially increase the public’s health, safety, and welfare. This issue was revisited in 2018, at which the REC concluded there is insufficient data to justify the need for fingerprinting. However, public protection is the highest priority for the CAB, and this bill requires applicants to be fingerprinted.

Informal office conferences. Several other boards and bureaus within DCA allow the EO, or his or her designee, to conduct an informal settlement conference, which would allow a licensee to provide explanatory information that may result in a modification of the original citation. The CAB has proposed language that would authorize the EO to delegate the authority to affirm, modify or dismiss the citation to another individual. This bill makes this change and ensures a person who received a citation may request an appeal through a formal hearing.

CAB CEs. Current law requires California architects to complete five hours of CE on disability access requirements as a condition of license renewal. The coursework must include information and practical guidance on the Americans with Disabilities Act of 1990 and related state and federal laws. The only criteria for CEP eligibility is that the content must be presented by trainers or educators with “knowledge and expertise” in these requirements. There are no accreditation or approval requirements for either CE or CEPs, and thus, licensees may not be getting the full benefit of this learning opportunity. This bill requires CAB to establish minimum criteria for CE and CE providers by January 1, 2023.

Written contract requirements for CAB and LATC. The CAB and LATC indicate that their written contact requirements are one of their most important consumer protection tools. The requirements need updating to reflect current realities, however. This bill implements changes suggested by the CAB and LATC.

EO duties for CAB and LATC. Currently, CAB allows the EO to approve settlement agreements for revocation or surrender of a license.  The LATC, however, does not, which requires a licensee surrendering a license to appear before the CAB at one of its quarterly meetings. This bill aligns the EO duties for both regulating entities to streamline discipline and comply with the LATC’s strategic objective to parallel its practices with the CAB.

Sunset extension. This bill extends the sunset dates on both the CAB and LATC until January 1, 2024.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• The Budget Act of 2018 provides $4.1 million (California Architects Board Fund) and 28.1 positions for CAB. This sunset vehicle considers the cost of ongoing operations.
• In addition to the Budget Act of 2018, the cost of this bill’s provisions, specifically, for the CAB to obtain court documents, is expected to be $7,500-$10,000. This figure is based off the presumption of $100 per instance to obtain court documents as well as data showing CAB receives more criminal history results through fingerprinting then through voluntary disclosure.
• There will also be $30,000 fiscal impact to add CAB and LATC to the existing DOJ fingerprinting interface. Although DCA and the CAB indicate that the workload would be funded through redirection of existing maintenance resources, staff notes the direct cost pressures to existing programs that would be impacted to implement the bill.

SUPPORT: (Verified 5/16/19)

American Institute of Architects, California

California Architects Board

OPPOSITION: (Verified 5/16/19)

None received

ARGUMENTS IN SUPPORT: The California Architects Board writes in support:

“The California Architects Board (Board) is pleased to convey its support for your bill, SB 608.

“This bill extends the sunset date for the Board and the Landscape Architects Technical Committee (LATC) until January 1, 2024. SB 608 also makes additional changes to the Board and LATC’s practice acts, including changes to the written contract requirements and will be amended to require Board applicants to be fingerprinted prior to licensure.”

Prepared by: Sarah Huchel / B., P. & E.D. /

5/18/19 11:18:11

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 608 (Glazer) - Architects

Bill Summary:

Senate Bill 608 would extend the operations and powers for the California Architects Board (CAB) and the Landscape Architects Technical Committee, from January 1, 2020, to January 1, 2024.

Fiscal Impact:

The Budget Act of 2018 provides $4.1 million (California Architects Board Fund) and 28.1 positions for the California Architects Board. This sunset vehicle considers the cost of ongoing operations.

In addition to the Budget Act of 2018, the cost of the bill’s provisions, specifically, for the CAB to obtain court documents, is expected to be $7,500-$10,000. This figure is based off the presumption of $100 per instance to obtain court documents as well as data showing CAB receives more criminal history results through fingerprinting then through voluntary disclosure.

There will also be $30,000 fiscal impact to add CAB and Landscape Architects Technical Committee to the existing DOJ fingerprinting interface. Although DCA and the CAB indicate that the workload would be funded through redirection of existing maintenance resources, staff notes the direct cost pressures to existing programs that would be impacted to implement the bill.

Background:

The CAB oversees more than 21,000 licensed architects. The Architects Practice Act (Act) defines the practice of architecture as “offering or performing, or being in responsible control of, professional services which require the skills of an architect in the planning of sites, and the design, in whole or in part, of buildings, or groups of buildings and structures.” The Act exempts individuals from licensure requirements who prepare plans for smaller scale, wood frame construction projects such as single-family homes less than two stories. Structural, civil, and professional engineers; landscape architects; and land surveyors are also not subject to the Act, but cannot use the term “architect” unless they are so licensed.

California began regulating the practice of landscape architecture in 1953 by forming the Board of Landscape Architecture (BLA). BLA became a Committee under the California Architecture Board in 1998. The LATC regulates the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act (Act) to protect consumers, and the public health, safety, and welfare while safeguarding the environment. There are approximately 3,600 active landscape architect licensees.

Proposed Law:

This bill includes the following provisions, among others:

• Extends the sunset date on the CAB and LATC until January 1, 2024.
• Requires the CAB and the LATC to conduct background checks on applicants beginning January 1, 2021.
• Authorizes an individual who receives a citation from the CAB to request an informal conference in writing, within 30 days of the date of citation, to the Executive Officer.
• Modifies the requirements of an architect’s written contract, and exempts the contract requirements for professional services rendered by an architect to a public agency when using that public agency’s written contract.
• Requires CAB to promulgate regulations to establish qualifications for CE courses and CE course providers (CEP) by January 1, 2023. CAB must audit at least three percent of renewed licenses each year for CE completion.
• Modifies the written contract requirements for a landscape architect and allows an exemption from these requirements if the client states in writing after full disclosure that a written contract is not required.
• Authorizes the LATC to delegate to the EO, or acting EO, the following duties, which would conform to the CAB’s delegation to the EO:

Staff Comments:

The bill would incorporate several recommendations from the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee’s sunset review process. The committees’ March 5, 2019, joint oversight hearing background paper identified several issues and provided recommendations, including that CAB did not have authority to fingerprint applications, CAB had minimal continuing education criteria, and the “written contract requirement” needed updating.

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Steven Glazer, Chair

2019 - 2020 Regular

Bill No: SB 608 Hearing Date: April 22, 2019

Subject: Architects

SUMMARY:

Enacts recommendations from the Sunset Review Background paper for the California Architects Board (CAB) and the Landscape Architects Technical Committee (LATC), including requiring each to conduct background checks on applicants, modifies requirements of written contracts, aligns Executive Officer (EO) duties for both CAB and LATC, requires CAB to establish standards for continuing education, and extends the sunset dates for both entities until January 1, 2024.

Existing law:

1. Establishes the CAB within the Department of Consumer Affairs (DCA) to regulate the practice of architects until January 1, 2020. (Business and Professions Code (BPC) Section 5510)
2. Establishes LATC within CAB to regulate the practice of landscape architects until January 1, 2020. (BPC §§ 5621 – 5622)
3. Establishes requirements for written contracts of both architects and landscape architects. (BPC §§ 5536.22, 5616)
4. Requires an architect to complete coursework on disability access requirements as a condition of license renewal. Coursework shall include information and practical guidance concerning requirements imposed by the Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. Coursework provided pursuant to this paragraph shall be presented by trainers or educators with knowledge and expertise in these requirements.
   (BPC § 5600.05)
5. Requires CAB, until January 1, 2015, to audit at least 3 percent of the license renewals received each year to verify the completion of the continuing education (CE) requirements. (BPC § 5600.05)

This bill:

1. Requires the CAB and the LATC to conduct background checks on applicants beginning January 1, 2021.
2. Extends the sunset date on the CAB and LATC until January 1, 2024.
3. Authorizes an individual who receives a citation from the CAB to request an informal conference in writing, within 30 days of the date of citation, to the EO. Authorizes the CAB EO or their designee to affirm, modify, or dismiss the citation following the informal conference, including any fine that is levied, order of abatement, or order of correction issued. Authorizes the cited person to request a formal hearing if the citation is affirmed or modified, as specified. Prohibits a cited person from requesting an informal conference for a citation which has been affirmed or modified following an informal conference.
4. Modifies the requirements of an architect’s written contract, and exempts the contract requirements for professional services rendered by an architect to a public agency.
5. Requires CAB to promulgate regulations to establish qualifications for CE courses and CE course providers (CEP) by January 1, 2023. Requires CAB to audit at least three percent of renewed licenses each year for CE completion. Authorizes a CEP to submit evidence of completed coursework directly to the CAB.
6. Modifies the written contract requirements for a landscape architect and allows an exemption from these requirements if the client states in writing after full disclosure that a written contract is not required.
7. Authorizes the LATC to delegate to the EO, or acting EO, the following duties, which would conform to the CAB’s delegation to the EO:
   1. Receive and file accusations.
   2. Issue notices of hearings, statements to respondents, and statements of issues.
   3. Receive and file notices of defense.
   4. Determine the time and place of hearings.
   5. Issue subpoenas and subpoenas duces tecum.
   6. Set calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the LATC in connection with specified proceedings.
   7. Approve settlement agreements for the revocation or surrender of a license.
   8. Certification and delivery or mailing copies of decisions.
   9. Evaluate and determine qualifications and approve applicants for examination.
   10. Determine which applicants for reciprocity licenses are entitled to waiver of the written examination.
8. Makes technical changes.

FISCAL EFFECT:

Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by the Author. According to the Author’s office, this bill is necessary to reflect Senate Business and Professions Committee staff recommendations made to remedy issues identified through the CAB and LATC Sunset Review process. This measure is one of four sunset bills the Author is sponsoring this year. According to the Author, this bill is necessary to make changes to the Act in order to improve the effectiveness and efficiency of this regulatory entity.
2. Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2018, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 10 regulatory entities and the DCA including: CAB, LATC, Dental Board of California, Board for Professional Engineers, Land Surveyors and Geologists, Cemetery and Funeral Bureau, Court Reporters Board of California, California State Athletic Commission, Bureau of Security and Investigative Services, California Board of Accountancy, and the Contractors State License Board.

The Committees conducted two oversight hearings in February and March. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.

1. Background on CAB and LATC. The Governor of California approved “An Act to Regulate the Practice of Architecture” in 1901, thus creating CAB’s predecessor, the State Board of Architecture. The Legislature changed its name in 1929 to the California State Board of Architectural Examiners, reflecting the fact the Board administered exams, both oral and written, to prospective architects. The Board assumed oversight responsibilities for the Landscape Architects Technical Committee in 1998. CAB gained its current moniker in 2000 to reflect that, in addition to examining candidates, the CAB also maintains a wide range of programs to protect consumers and broadly regulates the practice of architecture. CAB oversees more than 21,000 licensed architects.

The mission of the CAB is to protect the public health, safety, and welfare through the regulation of the practice of architecture and landscape architecture in California.

California began regulating the practice of landscape architecture in 1953 by forming the Board of Landscape Architecture (BLA). BLA became a Committee under the California Architecture Board in 1998.

The LATC mission is to regulate the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act (Act) to protect consumers, and the public health, safety, and welfare while safeguarding the environment. There are approximately 3,600 active landscape architect licensees. California has both a practice act, which precludes unlicensed individuals from practicing landscape architecture, and a title act, which restricts use of the title “landscape architect” to those licensed by the LATC.

1. Review of the CAB – Issues Identified and Recommended Changes. The following are some of the major issues and staff recommendations pertaining to CAB.
2. Issue – CAB does not have authority to fingerprint license applicants.

Background: Unlike most other DCA boards and bureaus, CAB is not statutorily mandated to fingerprint candidates as a condition of license. In meeting its Strategic Plan objectives in 2011 and 2012, the Board considered adopting a fingerprint requirement, but determined that the increased costs and likely de minimis arrest reports would not substantially increase the public’s health, safety, and welfare. This issue was revisited in 2018, at which the REC concluded there is insufficient data to justify the need for fingerprinting. Factoring into its decision were the following considerations:

1. A low percentage of the Board’s applicant and licensee population has criminal records, and of those, most are not substantially related to the qualifications, functions, or duties of an architect.
2. Applicants and licensees must disclose convictions to the Board.
3. A fingerprint requirement would result in increased costs.
4. Related design and construction boards (the Board for Professional Engineers, Land Surveyors, and Geologists and the Contractors State License Board) fingerprint their applicants, but only deny a negligible percentage of applications due to prior convictions.
5. The Texas Board of Architectural Examiners is the only architectural licensing board in the United States with a fingerprint requirement.
6. A fingerprint requirement would only apply to applicants and licensees, not unlicensed employees of architectural firms who enter consumers’ homes and businesses.
7. Licensees who work on school projects are required to submit to a background check.

Recommendation and Proposed Statutory Change: Public protection is the highest priority for the CAB, and applicants should be fingerprinted. Amend BPC § 144 to include the CAB.

This bill implements the above recommendation.

1. Issue – CAB’s EO is not authorized to hold an informal conference with a person who received a citation.

Background: Several other boards and bureaus within DCA allow the EO, or his or her designee, to conduct an informal settlement conference, which would allow a licensee to provide explanatory information that may result in a modification of the original citation. The Board has proposed language that would authorize the EO to delegate the authority to affirm, modify or dismiss the citation to another individual.

Recommendation and Proposed Statutory Change: The Act should be updated to allow a designee the authority to hold an informal conference with a person who received a citation.

This bill implements the above recommendation and ensures a person who received a citation may request an appeal through a formal hearing.

1. Issue – CAB has minimal criteria for CE or CEPs.

Background: Current law requires California architects to complete five hours of CE on disability access requirements as a condition of license renewal. The coursework must include information and practical guidance on the Americans with Disabilities Act of 1990 and related state and federal laws. The only criteria for CEP eligibility is that the content must be presented by trainers or educators with “knowledge and expertise” in these requirements. There are no accreditation or approval requirements for either CE or CEPs, and thus, licensees may not be getting the full benefit of this learning opportunity.

Recommendation and Proposed Statutory Change: CAB should establish minimum criteria for CE and CE providers.

This bill requires CAB to establish standards for CE and CEPs by January 1, 2023.

1. Issue – The “written contract requirement” provisions of law need updating.

Background: The CAB indicates that its “written contact requirement” is one of its most important consumer protection tools. Current law requires an architect’s written contract to:

1. describe the services to be provided by the architect to the client;
2. describe the basis of compensation and method of payment;
3. identify by name and address the client and the architect, including the architect’s license number;
4. describe the procedure to accommodate additional services; and
5. describe the procedure to be used by both parties to terminate the contract.

The CAB has investigated many consumer complaints that centered on the existence of a contract or meaning of specific terms. As such, the CAB’s experts in the Enforcement Program have identified several potential improvements to the current law. Many of the disputes that have resulted in complaints stemmed from misunderstandings concerning the project description and/or failure to manage changes in the project description during the design process. The description of the project has direct bearing on the design services required, compensation related to those services, and the project budget and schedule. Without a defined project description, it is often unclear whether the project is on track in meeting the expectations and project requirements established by the client and the architect.

According to the Rules of Professional Conduct, architects are prohibited from materially altering the scope or objective of a project without first fully informing the client and obtaining the client’s consent in writing. However, architects are not currently required to define the project description in their written contracts. Therefore, it can be difficult for the client or architect to determine when the project description has been materially altered if it has not first been defined and agreed upon in the written contract.

The CAB has also received complaints and questions from consumers regarding the ownership and use of an architect’s instruments of service (plans, drawings, etc.). Current law prohibits the use of an architect’s instruments of service without the consent of the architect in a written contract, written agreement, or written license specifically authorizing that use. However, architects are not currently required to include a provision addressing the ownership and use of their instruments of service in their written contracts with clients. Therefore, clients are often unaware of each party’s rights with respect to the architect’s instruments of service.

Recommendation and Proposed Statutory Change: Require the following in architects’ written contracts for professional services:

1. A description of the project for which the client is seeking services;
2. the project address;
3. a description of the procedure that the architect and the client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation and method of payment;
4. a statement identifying the ownership and use of instruments of service prepared by the architect; and
5. a statement notifying the client that architects are licensed and regulated by the Board.
6. An exemption for public agencies.

This bill implements the above recommendations.

1. Issue – Should the licensing and regulation of architects be continued by CAB?

Background: Clients and the public are best protected by strong regulatory boards with oversight of licensed professions. CAB has proven to be a competent steward of the architect profession, and should be continued with a four-year extension of its sunset date.

Recommendation and Proposed Statutory Change: The licensing and regulation of architects should continue to be regulated by the Board, and it should be reviewed again in four years.

This bill implements the above recommendation.

1. Review of the LATC – Issues Identified and Recommended Changes. The following are some of the major issues and staff recommendations pertaining to LATC.
2. Issue – The “written contract requirement” provisions of law need updating.

Background: The Committee indicates that its “written contact requirement” is one of its most important consumer protection tools. Current law requires a landscape architect’s written contract to:

1. Describe the services to be provided by the landscape architect to the client;
2. Describe the basis of compensation, including total cost and method of payment;
3. Include a notice that reads, “Landscape architects are licensed by the State of California”;
4. Identify by name and address the client and the landscape architect, including the landscape architect’s license number;
5. Describe the procedure to accommodate additional services; and
6. Describe the procedure to be used by both parties to terminate the contract.

The CAB has investigated many consumer complaints related to contracts, and LATC’s experts in the Enforcement Program have identified several potential improvements to the current law.

Many of the disputes stemmed from misunderstandings of the project description and/or failure to manage changes in the project description during the design process. The description of the project has direct bearing on the design services required, compensation related to those services, and the project budget and schedule. Without a defined project description, it is often unclear whether the project is on track to meet expectations and project requirements established by the client and the architect.

According to the Rules of Professional Conduct, landscape architects are prohibited from materially altering the scope or objective of a project without first fully informing the client and obtaining the client’s consent in writing. However, landscape architects are not currently required to define the project description in their written contracts. Therefore, it can be difficult for the client or landscape architect to determine when the project description has been materially altered if it has not first been defined and agreed upon in the written contract.

The LATC has also received complaints and questions from consumers regarding the ownership and use of landscape architect’s instruments of service. Current law prohibits the use of landscape architect’s instruments of service without the consent of the landscape architect in a written contract, written agreement, or written license specifically authorizing that use. However, landscape architects are not currently required to include a provision addressing the ownership and use of their instruments of service in their written contracts with clients. Therefore, clients are often unaware of each party’s rights with respect to the landscape architect’s instruments of service.

The LATC is proposing to clarify current law to include the following elements in landscape architects’ written contracts:

1. A description of the project for which the client is seeking services;
2. The project address;
3. A description of the procedure that the landscape architect and the client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation and method of payment; and
4. A statement identifying the ownership and use of instruments of service prepared by the landscape architect.
5. A clarification that landscape architects are licensed by LATC.

The LATC expects this proposal to benefit consumers and landscape architects by providing enhanced transparency for contracted parties, thereby reducing the number of disputes related to project description disagreements, unauthorized changes made to the project during the design process, and/or the ownership and use of instruments of service.

Recommendation and Proposed Statutory Change: Amend the law as proposed by the LATC.

This bill implements the above recommendation.

1. Issue – CAB and the LATC designate different duties to the EO.

Background: Currently, CAB allows the EO to approve settlement agreements for revocation or surrender of a license.  The LATC, however, does not, which requires a licensee surrendering a license to appear before the CAB at one of its quarterly meetings. Aligning the EO duties for both regulating entities would streamline discipline and comply with the LATC’s strategic objective to align its practices with the CAB.

Recommendation and Proposed Statutory Change: Adopt language approved by the LATC to allow the EO to approve settlement agreements for revocation or surrender of a license.

This bill implements the above recommendation.

1. Issue – Should the licensing and regulation of landscape architects be continued by the LATC, through the CAB?

Background: Clients and the public are best protected by strong regulatory boards with oversight of licensed professions. LATC has proven to be a competent steward of the landscape architect profession and should be continued with a four-year extension of its sunset date.

Recommendation and Proposed Statutory Change: The licensing and regulation of landscape architects should continue to be regulated by the LATC, and it should be reviewed again in four years.

This bill extends LATC’s sunset date until January 1, 2024.

1. Arguments in Support. “The California Architects Board (Board) is pleased to convey its support for your bill, SB 608.

“This bill extends the sunset date for the Board and the Landscape Architects Technical Committee (LATC) until January 1, 2024. SB 608 also makes additional changes to the Board and LATC’s practice acts, including changes to the written contract requirements and will be amended to require Board applicants to be fingerprinted prior to licensure.”

1. Proposed Author’s Amendments. The Author wishes to make the following amendments to clarify that the exemption to the written contract requirements for both architects and landscape architects are when working for public agencies is authorized only when another written contract is in place.

On page 8, line 19, after “agency” insert “when using that public agency’s written contract.”

On page 12, line 11, after “agency” insert “when using that public agency’s written contract.”

SUPPORT AND OPPOSITION:

Support:

California Architects Board

Opposition:

None on file as of April 17, 2019.

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