AB 3253: Board for Professional Engineers, Land Surveyors, and Geologists: licensees: professional land surveyors: surveying practices: monuments and corner accessories.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-25
Current Status:
Passed
(2024-09-25: Chaptered by Secretary of State - Chapter 588, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill keeps the state Board for Professional Engineers, Land Surveyors, and Geologists in law longer (moving its scheduled repeal to 2029) and lets the officials who appoint board members remove their own appointees. It also updates licensing rules for engineers, geologists, geophysicists, and land surveyors by making misuse of trainee certificates a misdemeanor, allowing waivers of parts of the second-division engineering exam, requiring written contracts to disclose current professional liability insurance, changing refunds to examination fees for unqualified applicants, requiring businesses to file proof of staffing compliance, and requiring survey monuments used as control to be reconstructed or rehabilitated.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists (board), which is within the Department of Consumer Affairs, to license and regulate engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law requires the board to appoint an executive officer. Existing law repeals the provisions establishing the board, requiring the board to appoint an executive officer, and vesting the board with the power to administer these provisions on January 1, 2025.
This bill would extend these repeal dates to January 1, 2029.
(2)Under existing law, the board consists of 15 members. Existing law requires the term of office of any member of specified agencies, including the board, to be for a term of 4 years expiring on June 1. Existing law also requires each member to be at least 30 years of age.
This bill would remove the term and age requirements for members of the board.
(3)Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty.
This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct.
(4)Existing law regulates the examination for applicants for licensure as a professional engineer, including by requiring the exam duration and composition to be designed to conform to a specified general principle, consisting of two divisions. Existing law authorizes the board, by rule, to provide for a waiver of the second division of the examination for certain eminently qualified persons. Existing law requires the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as a separate part of the second division of the examination for registration as a civil engineer.
This bill would authorize the board, by rule, to provide for a waiver of any part of the second division of the examination for certain eminently qualified persons. The bill would instead require the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
(5)Existing law authorizes the board to refund to applicants for licensure as a professional engineer, for certification as an engineer-in-training, for authorization to use the title structural engineer or soil engineer, for license as a land surveyor, or for certification as a land surveyor-in-training who the board finds lack the qualifications for such license, certification, or authorization, one-half of the amount of their application fee.
This bill would, instead, authorize the board to refund to the above-described applicants their examination fee.
(6)The Professional Engineers Act makes it a misdemeanor for a person to present or attempt to file as the persons own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure, to impersonate or use the seal, signature, or license number of a licensed professional engineer or use a false license number, or to use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who present or attempt to file as the persons own certificate of an engineer-in-training, give false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training, impersonate or use the certificate number of an engineer-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, this bill would impose a state-mandated local program.
(7)The Geologist and Geophysicist Act makes certain acts a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment, including to present or attempt to file as their own the certificate of registration of another person, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration, to impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would remove the above-described provisions relating to fines and imprisonment and, instead, make it a misdemeanor to present or attempt to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist unless they are the person named on the certificate or the license. The bill would also make it a misdemeanor to give false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license, to impersonate or use the certificate number of a geologist-in-training or use a false certificate, or use an expired, suspended, surrendered or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(8)The Professional Land Surveyors Act makes it a misdemeanor to presents as their own the license of a professional land surveyor unless they are the person named on the license, give false evidence of any kind to the board, or to any board member, in obtaining a license, impersonate or use the seal, signature, or license number of a professional land surveyor or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who present as their own the certificate of a land surveyor-in-training unless they are the person named on the certificate, give false evidence of any kind to the board, or to any board member, in obtaining a certificate, impersonate or use the certificate number of a land surveyor-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(9)Existing law requires professional engineers, professional geologists or professional geophysicists, and licensed land surveyors or licensed civil engineers authorized to practice land surveying to use a written contract when contracting to provide their respective services to a client. Existing law requires those contracts to include specified information, including, among other things, a description of the services to be provided to the client.
This bill would additionally require those contracts to include disclosure of any existence of a current professional liability insurance policy covering the professional engineer, professional geologist or professional geophysicist, or licensed land surveyor or licensed civil engineer in responsible charge of the services.
(10)Existing law authorizes one or more civil, electrical, or mechanical engineers to practice or offer to practice, within the scope of their license, civil, electrical, or mechanical engineering as a business, as defined, if certain requirements are met, including that the engineer currently licensed is an owner, partner, or officer in charge of the engineering practice of the business, and that all civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering. Existing law also requires all businesses engaged in rendering civil, electrical, or mechanical engineering services to file a current organization record form with the board.
This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements.
(11)Existing law authorizes one or more licensed land surveyors or civil engineers licensed before 1982 to practice or offer to practice, within the scope of their licensure, land surveying as a business, as defined, if certain conditions are satisfied, including that the land surveyor or civil engineer currently licensed is an owner, partner, or officer in charge of the land surveying practice of the business, and that all land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer. Existing law also requires all businesses engaged in rendering professional land surveying services to file a current organization record form with the board.
This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements.
(12)Existing law requires any person practicing, or offering to practice, land surveying in the state to submit evidence that they are qualified to practice and to be licensed under these provisions. Existing law requires a land surveyor, when filing a corner record with the county surveyor or engineer of the county where the corner is situated, to ensure a corner accessory or monument is reconstructed or rehabilitated so that it remains permanently fixed, as specified.
This bill would make a nonsubstantive change to those provisions, and would, until January 1, 2029, require a land surveyor or registered civil engineer using any monument as a control, to similarly reconstruct or rehabilitate that monument.
(13)Existing law makes any violation of the Professional Land Surveyors Act a misdemeanor.
By expanding the scope of practices subject to the Professional Land Surveyors Act, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(14)This bill would incorporate additional changes to Sections 6738 and 8729 of the Business and Professions Code proposed by AB 1862 to be operative only if this bill and AB 1862 are enacted and this bill is enacted last.
(1)Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists (board), which is within the Department of Consumer Affairs, to license and regulate engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law requires the board to appoint an executive officer. Existing law repeals the provisions establishing the board, requiring the board to appoint an executive officer, and vesting the board with the power to administer these provisions on January 1, 2025.
This bill would extend these repeal dates to January 1, 2029.
(2)Under existing law, the board consists of 15 members. Existing law requires the term of office of any member of specified agencies, including the board, to be for a term of 4 years expiring on June 1. Existing law also requires each member to be at least 30 years of age.
This bill would remove the term and age requirements for members of the board.
(3)Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty.
This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct.
(4)Existing law regulates the examination for applicants for licensure as a professional engineer, including by requiring the exam duration and composition to be designed to conform to a specified general principle, consisting of two divisions. Existing law authorizes the board, by rule, to provide for a waiver of the second division of the examination for certain eminently qualified persons. Existing law requires the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as a separate part of the second division of the examination for registration as a civil engineer.
This bill would authorize the board, by rule, to provide for a waiver of any part of the second division of the examination for certain eminently qualified persons. The bill would instead require the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
(5)Existing law authorizes the board to refund to applicants for licensure as a professional engineer, for certification as an engineer-in-training, for authorization to use the title structural engineer or soil engineer, for license as a land surveyor, or for certification as a land surveyor-in-training who the board finds lack the qualifications for such license, certification, or authorization, one-half of the amount of their application fee.
This bill would, instead, authorize the board to refund to the above-described applicants their examination fee.
(6)The Professional Engineers Act makes it a misdemeanor for a person to present or attempt to file as the persons own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure, to impersonate or use the seal, signature, or license number of a licensed professional engineer or use a false license number, or to use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who present or attempt to file as the persons own certificate of an engineer-in-training, give false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training, impersonate or use the certificate number of an engineer-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, this bill would impose a state-mandated local program.
(7)The Geologist and Geophysicist Act makes certain acts a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment, including to present or attempt to file as their own the certificate of registration of another person, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration, to impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would remove the above-described provisions relating to fines and imprisonment and, instead, make it a misdemeanor to present or attempt to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist unless they are the person named on the certificate or the license. The bill would also make it a misdemeanor to give false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license, to impersonate or use the certificate number of a geologist-in-training or use a false certificate, or use an expired, suspended, surrendered or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(8)The Professional Land Surveyors Act makes it a misdemeanor to presents as their own the license of a professional land surveyor unless they are the person named on the license, give false evidence of any kind to the board, or to any board member, in obtaining a license, impersonate or use the seal, signature, or license number of a professional land surveyor or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who present as their own the certificate of a land surveyor-in-training unless they are the person named on the certificate, give false evidence of any kind to the board, or to any board member, in obtaining a certificate, impersonate or use the certificate number of a land surveyor-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(9)Existing law requires professional engineers, professional geologists or professional geophysicists, and licensed land surveyors or licensed civil engineers authorized to practice land surveying to use a written contract when contracting to provide their respective services to a client. Existing law requires those contracts to include specified information, including, among other things, a description of the services to be provided to the client.
This bill would additionally require those contracts to include disclosure of any existence of a current professional liability insurance policy covering the professional engineer, professional geologist or professional geophysicist, or licensed land surveyor or licensed civil engineer in responsible charge of the services.
(10)Existing law authorizes one or more civil, electrical, or mechanical engineers to practice or offer to practice, within the scope of their license, civil, electrical, or mechanical engineering as a business, as defined, if certain requirements are met, including that the engineer currently licensed is an owner, partner, or officer in charge of the engineering practice of the business, and that all civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering. Existing law also requires all businesses engaged in rendering civil, electrical, or mechanical engineering services to file a current organization record form with the board.
This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements.
(11)Existing law authorizes one or more licensed land surveyors or civil engineers licensed before 1982 to practice or offer to practice, within the scope of their licensure, land surveying as a business, as defined, if certain conditions are satisfied, including that the land surveyor or civil engineer currently licensed is an owner, partner, or officer in charge of the land surveying practice of the business, and that all land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer. Existing law also requires all businesses engaged in rendering professional land surveying services to file a current organization record form with the board.
This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements.
(12)Existing law requires any person practicing, or offering to practice, land surveying in the state to submit evidence that they are qualified to practice and to be licensed under these provisions. Existing law requires a land surveyor, when filing a corner record with the county surveyor or engineer of the county where the corner is situated, to ensure a corner accessory or monument is reconstructed or rehabilitated so that it remains permanently fixed, as specified.
This bill would make a nonsubstantive change to those provisions, and would, until January 1, 2029, require a land surveyor or registered civil engineer using any monument as a control, to similarly reconstruct or rehabilitate that monument.
(13)Existing law makes any violation of the Professional Land Surveyors Act a misdemeanor.
By expanding the scope of practices subject to the Professional Land Surveyors Act, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(14)This bill would incorporate additional changes to Sections 6738 and 8729 of the Business and Professions Code proposed by AB 1862 to be operative only if this bill and AB 1862 are enacted and this bill is enacted last.
(1)Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists (board), which is within the Department of Consumer Affairs, to license and regulate engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law requires the board to appoint an executive officer. Existing law repeals the provisions establishing the board, requiring the board to appoint an executive officer, and vesting the board with the power to administer these provisions on January 1, 2025.
This bill would extend these repeal dates to January 1, 2029.
(2)Under existing law, the board consists of 15 members. Existing law requires the term of office of any member of specified agencies, including the board, to be for a term of 4 years expiring on June 1. Existing law also requires each member to be at least 30 years of age.
This bill would remove the term and age requirements for members of the board.
(3)Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty.
This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct.
(4)Existing law regulates the examination for applicants for licensure as a professional engineer, including by requiring the exam duration and composition to be designed to conform to a specified general principle, consisting of two divisions. Existing law authorizes the board, by rule, to provide for a waiver of the second division of the examination for certain eminently qualified persons. Existing law requires the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as a separate part of the second division of the examination for registration as a civil engineer.
This bill would authorize the board, by rule, to provide for a waiver of any part of the second division of the examination for certain eminently qualified persons. The bill would instead require the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
(5)Existing law authorizes the board to refund to applicants for licensure as a professional engineer, for certification as an engineer-in-training, for authorization to use the title structural engineer or soil engineer, for license as a land surveyor, or for certification as a land surveyor-in-training who the board finds lack the qualifications for such license, certification, or authorization, one-half of the amount of their application fee.
This bill would, instead, authorize the board to refund to the above-described applicants their examination fee.
(6)The Professional Engineers Act makes it a misdemeanor for a person to present or attempt to file as the persons own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure, to impersonate or use the seal, signature, or license number of a licensed professional engineer or use a false license number, or to use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who present or attempt to file as the persons own certificate of an engineer-in-training, give false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training, impersonate or use the certificate number of an engineer-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, this bill would impose a state-mandated local program.
(7)The Geologist and Geophysicist Act makes certain acts a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment, including to present or attempt to file as their own the certificate of registration of another person, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration, to impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would remove the above-described provisions relating to fines and imprisonment and, instead, make it a misdemeanor to present or attempt to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist unless they are the person named on the certificate or the license. The bill would also make it a misdemeanor to give false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license, to impersonate or use the certificate number of a geologist-in-training or use a false certificate, or use an expired, suspended, surrendered or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(8)The Professional Land Surveyors Act makes it a misdemeanor to presents as their own the license of a professional land surveyor unless they are the person named on the license, give false evidence of any kind to the board, or to any board member, in obtaining a license, impersonate or use the seal, signature, or license number of a professional land surveyor or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who presents as their own the certificate of a land surveyor-in-training unless they are the person named on the certificate, give false evidence of any kind to the board, or to any board member, in obtaining a certificate, impersonate or use the certificate number of a land surveyor-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(9)Because the bill would expand the scope of crimes under the Professional Engineers Act, Professional Land Surveyors Act, and the Geologist and Geophysicist Act, the bill would impose a state-mandated local program.
(10)Existing law requires professional engineers, professional geologists or professional geophysicists, and licensed land surveyors or licensed civil engineers authorized to practice land surveying to use a written contract when contracting to provide their respective services to a client. Existing law requires those contracts to include specified information, including, among other things, a description of the services to be provided to the client.
This bill would additionally require those contracts to include disclosure of any existence of a current professional liability insurance policy covering the professional engineer, professional geologist or professional geophysicist, or licensed land surveyor or licensed civil engineer in responsible charge of the services.
(11)Existing law authorizes one or more civil, electrical, or mechanical engineers to practice or offer to practice, within the scope of their license, civil, electrical, or mechanical engineering as a business, as defined, if certain requirements are met, including that the engineer currently licensed is an owner, partner, or officer in charge of the engineering practice of the business, and that all civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering. Existing law also requires all businesses engaged in rendering civil, electrical, or mechanical engineering services to file a current organization record form with the board.
This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements.
(12)Existing law authorizes one or more licensed land surveyors or civil engineers licensed before 1982 to practice or offer to practice, within the scope of their licensure, land surveying as a business, as defined, if certain conditions are satisfied, including that the land surveyor or civil engineer currently licensed is an owner, partner, or officer in charge of the land surveying practice of the business, and that all land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer. Existing law also requires all businesses engaged in rendering professional land surveying services to file a current organization record form with the board.
This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements.
(13)Existing law requires any person practicing, or offering to practice, land surveying in the state to submit evidence that they are qualified to practice and to be licensed under these provisions. Existing law requires a land surveyor, when filing a corner record with the county surveyor or engineer of the county where the corner is situated, to ensure a corner accessory or monument is reconstructed or rehabilitated so that it remains permanently fixed, as specified.
This bill would make a nonsubstantive change to those provisions, and would, until January 1, 2029, require a land surveyor or registered civil engineer using any monument as a control, to similarly reconstruct or rehabilitate that monument.
(14)Existing law makes any violation of the Professional Land Surveyors Act a misdemeanor.
By expanding the scope of practices subject to the Professional Land Surveyors Act, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(15)This bill would incorporate additional changes to Sections 6738 and 8729 of the Business and Professions Code proposed by AB 1862 to be operative only if this bill and AB 1862 are enacted and this bill is enacted last.
(1)Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists (board), which is within the Department of Consumer Affairs, to license and regulate engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law requires the board to appoint an executive officer. Existing law repeals the provisions establishing the board, requiring the board to appoint an executive officer, and vesting the board with the power to administer these provisions on January 1, 2025.
This bill would extend these repeal dates to January 1, 2029.
(2)Under existing law, the board consists of 15 members. Existing law requires the term of office of any member of specified agencies, including the board, to be for a term of 4 years expiring on June 1. Existing law also requires each member to be at least 30 years of age.
This bill would remove the term and age requirements for members of the board.
(3)Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty.
This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct.
(4)Existing law regulates the examination for applicants for licensure as a professional engineer, including by requiring the exam duration and composition to be designed to conform to a specified general principle, consisting of two divisions. Existing law authorizes the board, by rule, to provide for a waiver of the second division of the examination for certain eminently qualified persons. Existing law requires the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as a separate part of the second division of the examination for registration as a civil engineer.
This bill would authorize the board, by rule, to provide for a waiver of any part of the second division of the examination for certain eminently qualified persons. The bill would instead require the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
(5)Existing law authorizes the board to refund to applicants for licensure as a professional engineer, for certification as an engineer-in-training, for authorization to use the title structural engineer or soil engineer, for license as a land surveyor, or for certification as a land surveyor-in-training who the board finds lack the qualifications for such license, certification, or authorization, one-half of the amount of their application fee.
This bill would, instead, authorize the board to refund to the above-described applicants their examination fee.
(6)The Professional Engineers Act makes it a misdemeanor for a person to present or attempt to file as the persons own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure, to impersonate or use the seal, signature, or license number of a licensed professional engineer or use a false license number, or to use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who present or attempt to file as the persons own certificate of an engineer-in-training, give false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training, impersonate or use the certificate number of an engineer-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, this bill would impose a state-mandated local program.
(7)The Geologist and Geophysicist Act makes certain acts a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment, including to present or attempt to file as their own the certificate of registration of another person, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration, to impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would remove the above-described provisions relating to fines and imprisonment and, instead, make it a misdemeanor to present or attempt to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist unless they are the person named on the certificate or the license. The bill would also make it a misdemeanor to give false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license, to impersonate or use the certificate number of a geologist-in-training or use a false certificate, or use an expired, suspended, surrendered or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(8)The Professional Land Surveyors Act makes it a misdemeanor to presents as their own the license of a professional land surveyor unless they are the person named on the license, give false evidence of any kind to the board, or to any board member, in obtaining a license, impersonate or use the seal, signature, or license number of a professional land surveyor or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who presents as their own the certificate of a land surveyor-in-training unless they are the person named on the certificate, give false evidence of any kind to the board, or to any board member, in obtaining a certificate, impersonate or use the certificate number of a land surveyor-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(9)Because the bill would expand the scope of crimes under the Professional Engineers Act, Professional Land Surveyors Act, and the Geologist and Geophysicist Act, the bill would impose a state-mandated local program.
(10)Existing law requires professional engineers, professional geologists or professional geophysicists, and licensed land surveyors or licensed civil engineers authorized to practice land surveying to use a written contract when contracting to provide their respective services to a client. Existing law requires those contracts to include specified information, including, among other things, a description of the services to be provided to the client.
This bill would additionally require those contracts to include disclosure of any existence of a current professional liability insurance policy covering the professional engineer, professional geologist or professional geophysicist, or licensed land surveyor or licensed civil engineer in responsible charge of the services.
(11)Existing law authorizes one or more civil, electrical, or mechanical engineers to practice or offer to practice, within the scope of their license, civil, electrical, or mechanical engineering as a business, as defined, if certain requirements are met, including that the engineer currently licensed is an owner, partner, or officer in charge of the engineering practice of the business, and that all civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering. Existing law also requires all businesses engaged in rendering civil, electrical, or mechanical engineering services to file a current organization record form with the board.
This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements.
(12)Existing law authorizes one or more licensed land surveyors or civil engineers licensed before 1982 to practice or offer to practice, within the scope of their licensure, land surveying as a business, as defined, if certain conditions are satisfied, including that the land surveyor or civil engineer currently licensed is an owner, partner, or officer in charge of the land surveying practice of the business, and that all land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer. Existing law also requires all businesses engaged in rendering professional land surveying services to file a current organization record form with the board.
This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements.
(13)Existing law requires any person practicing, or offering to practice, land surveying in the state to submit evidence that they are qualified to practice and to be licensed under these provisions. Existing law requires a land surveyor, when filing a corner record with the county surveyor or engineer of the county where the corner is situated, to ensure a corner accessory or monument is reconstructed or rehabilitated so that it remains permanently fixed, as specified.
This bill would make a nonsubstantive change to those provisions, and would, until January 1, 2029, require a land surveyor or registered civil engineer using any monument as a control, to similarly reconstruct or rehabilitate that monument.
(14)Existing law makes any violation of the Professional Land Surveyors Act a misdemeanor.
By expanding the scope of practices subject to the Professional Land Surveyors Act, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists (board), which is within the Department of Consumer Affairs, to license and regulate engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law requires the board to appoint an executive officer. Existing law repeals the provisions establishing the board, requiring the board to appoint an executive officer, and vesting the board with the power to administer these provisions on January 1, 2025.
This bill would extend these repeal dates to January 1, 2029.
(2)Under existing law, the board consists of 15 members. Existing law requires the term of office of any member of specified agencies, including the Board for Professional Engineers and Land Surveyors, board, to be for a term of 4 years expiring on June 1. Existing law also requires each member to be at least 30 years of age.
This bill would remove the term requirement term and age requirements for members of the Board for Professional Engineers and Land Surveyors. board.
(3)Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty.
This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct.
(4)Existing law regulates the examination for applicants for licensure as a professional engineer, including by requiring the exam duration and composition to be designed to conform to a specified general principle, consisting of two divisions. Existing law authorizes the board, by rule, to provide for a waiver of the second division of the examination for certain eminently qualified persons. Existing law requires the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as a separate part of the second division of the examination for registration as a civil engineer.
This bill would authorize the board, by rule, to provide for a waiver of any part of the second division of the examination for certain eminently qualified persons. The bill would instead require the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
(5)Existing law authorizes the board to refund to applicants for licensure as a professional engineer, for certification as an engineer-in-training, for authorization to use the title structural engineer or soil engineer, for license as a land surveyor, or for certification as a land surveyor-in-training who the board finds lack the qualifications for such license, certification, or authorization, one-half of the amount of their application fee.
This bill would, instead, authorize the board to refund to the above-described applicants their examination fee.
(6)The Professional Engineers Act makes it a misdemeanor for a person to present or attempt to file as the persons own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure, to impersonate or use the seal, signature, or license number of a licensed professional engineer or use a false license number, or to use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who present or attempt to file as the persons own certificate of an engineer-in-training, give false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training, impersonate or use the certificate number of an engineer-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, this bill would impose a state-mandated local program.
(7)The Geologist and Geophysicist Act makes certain acts a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment, including to present or attempt to file as their own the certificate of registration of another person, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration, to impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would remove the above-described provisions relating to fines and imprisonment and, instead, make it a misdemeanor to present or attempt to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist unless they are the person named on the certificate or the license. The bill would also make it a misdemeanor to give false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license, to impersonate or use the certificate number of a geologist-in-training or use a false certificate, or use an expired, suspended, surrendered or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(8)The Professional Land Surveyors Act makes it a misdemeanor to presents as their own the license of a professional land surveyor unless they are the person named on the license, give false evidence of any kind to the board, or to any board member, in obtaining a license, impersonate or use the seal, signature, or license number of a professional land surveyor or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who presents as their own the certificate of a land surveyor-in-training unless they are the person named on the certificate, give false evidence of any kind to the board, or to any board member, in obtaining a certificate, impersonate or use the certificate number of a land surveyor-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(9)Because the bill would expand the scope of crimes under the Professional Engineers Act, Professional Land Surveyors Act, and the Geologist and Geophysicist Act, the bill would impose a state-mandated local program.
(10)Existing law requires professional engineers, professional geologists or professional geophysicists, and licensed land surveyors or licensed civil engineers authorized to practice land surveying to use a written contract when contracting to provide their respective services to a client. Existing law requires those contracts to include specified information, including, among other things, a description of the services to be provided to the client.
This bill would additionally require those contracts to include disclosure of any existence of a current professional liability insurance policy covering the professional engineer, professional geologist or professional geophysicist, or licensed land surveyor or licensed civil engineer in responsible charge of the services.
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.
(1)Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists (board), which is within the Department of Consumer Affairs, to license and regulate engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law requires the board to appoint an executive officer. Existing law repeals the provisions establishing the board, requiring the board to appoint an executive officer, and vesting the board with the power to administer these provisions on January 1, 2025.
This bill would extend these repeal dates to January 1, 2029.
(2)Under existing law, the board consists of 15 members. Existing law requires the term of office of any member of specified agencies, including the Board for Professional Engineers and Land Surveyors, to be for a term of 4 years expiring on June 1.
This bill would remove the term requirement for members of the Board for Professional Engineers and Land Surveyors.
(3)Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty.
This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct.
(4)Existing law regulates the examination for applicants for licensure as a professional engineer, including by requiring the exam duration and composition to be designed to conform to a specified general principle, consisting of two divisions. Existing law authorizes the board, by rule, to provide for a waiver of the second division of the examination for certain eminently qualified persons. Existing law requires the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as a separate part of the second division of the examination for registration as a civil engineer.
This bill would authorize the board, by rule, to provide for a waiver of any part of the second division of the examination for certain eminently qualified persons. The bill would instead require the board to administer questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
(5)Existing law authorizes the board to refund to applicants for licensure as a professional engineer, for certification as an engineer-in-training, for authorization to use the title structural engineer or soil engineer, for license as a land surveyor, or for certification as a land surveyor-in-training who the board finds lack the qualifications for such license, certification, or authorization, one-half of the amount of their application fee.
This bill would, instead, authorize the board to refund to the above-described applicants their examination fee.
(6)The Professional Engineers Act makes it a misdemeanor for a person to present or attempt to file as the persons own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure, to impersonate or use the seal, signature, or license number of a licensed professional engineer or use a false license number, or to use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who present or attempt to file as the persons own certificate of an engineer-in-training, give false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training, impersonate or use the certificate number of an engineer-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, this bill would impose a state-mandated local program.
(7)The Geologist and Geophysicist Act makes certain acts a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment, including to present or attempt to file as their own the certificate of registration of another person, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration, to impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would remove the above-described provisions relating to fines and imprisonment and, instead, make it a misdemeanor to present or attempt to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist unless they are the person named on the certificate or the license. The bill would also make it a misdemeanor to give false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license, to impersonate or use the certificate number of a geologist-in-training or use a false certificate, or use an expired, suspended, surrendered or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(8)The Professional Land Surveyors Act makes it a misdemeanor to presents as their own the license of a professional land surveyor unless they are the person named on the license, give false evidence of any kind to the board, or to any board member, in obtaining a license, impersonate or use the seal, signature, or license number of a professional land surveyor or use a false license number, or use an expired, suspended, surrendered, or revoked license.
This bill would expand these misdemeanors to include persons who presents as their own the certificate of a land surveyor-in-training unless they are the person named on the certificate, give false evidence of any kind to the board, or to any board member, in obtaining a certificate, impersonate or use the certificate number of a land surveyor-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(9)Because the bill would expand the scope of crimes under the Professional Engineers Act, Professional Land Surveyors Act, and the Geologist and Geophysicist Act, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists within the Department of Consumer Affairs for the licensure and regulation of those professions. Under existing law, the board consists of 15 members, including 6 public members and 7 professional members appointed by the Governor, one public member appointed by the Senate Committee on Rules, and one public member appointed by the Speaker of the Assembly, as prescribed. Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty.This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct.Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists within the Department of Consumer Affairs for the licensure and regulation of those professions. Under existing law, the board consists of 15 members, including 6 public members and 7 professional members appointed by the Governor, one public member appointed by the Senate Committee on Rules, and one public member appointed by the Speaker of the Assembly, as prescribed. Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty.
This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct.
(a)Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.
(b)Subdivision (a) applies to the following boards or committees:
(1)The Medical Board of California.
(2)The Podiatric Medical Board of California.
(3)The Physical Therapy Board of California.
(4)The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5)The Board of Vocational Nursing and Psychiatric Technicians.
(6)The California State Board of Optometry.
(7)The California State Board of Pharmacy.
(8)The Veterinary Medical Board.
(9)The California Architects Board.
(10)The Landscape Architect Technical Committee.
(11)The Contractors State License Board.
(12)The Board of Behavioral Sciences.
(13)The Court Reporters Board of California.
(14)The State Athletic Commission.
(15)The Osteopathic Medical Board of California.
(16)The Respiratory Care Board of California.
(17)The Acupuncture Board.
(18)The Board of Psychology.
(19)The Structural Pest Control Board.
SEC. 2.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 6711 of the Business and Professions Code is amended to read:6711.Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the Professional Land Surveyors Act, Chapter 15 (commencing with Section 8700), one member shall be licensed under the Geologist and Geophysicist Act, Chapter 12.5 (commencing with Section 7800), and eight shall be public members who are not registered under this act, licensed under the Geologist and Geophysicist Act, or licensed under the Professional Land Surveyors Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in their profession. Each member shall have been a resident of this state for at least five years immediately preceding their appointment.
SEC. 4.Section 6713 of the Business and Professions Code is amended to read:6713.Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.
SEC. 5.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 6738 of the Business and Professions Code, as amended by Section 1 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice, within the scope of their license, civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 6.5.Section 6738 of the Business and Professions Code, as amended by Section 1 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice, within the scope of their license, civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
SEC. 7.Section 6738 of the Business and Professions Code, as amended by Section 2 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice within the scope of their license civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026.
SEC. 7.5.Section 6738 of the Business and Professions Code, as amended by Section 2 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice within the scope of their license civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2034.
SEC. 8.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 9.Section 6755 of the Business and Professions Code is amended to read:6755.(a)Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicants knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the applicants ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
(b)The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of subdivision (a) of Section 6751.
(c)The board may by rule provide for a waiver of any part of the second division of the examination for persons eminently qualified for licensure in this state by virtue of their standing in the engineering community, their years of experience, and those other qualifications as the board deems appropriate.
SEC. 10.Section 6755.1 of the Business and Professions Code is amended to read:6755.1.(a)The second division of the examination for registration as a professional engineer shall include questions to test the applicants knowledge of state laws and the boards rules and regulations regulating the practice of professional engineering. The board shall administer the test on state laws and board rules regulating the practice of engineering in this state as a separate part of the second division of the examination for registration as a professional engineer.
(b)On and after April 1, 1988, the second division of the examination for registration as a civil engineer shall also include questions to test the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1. No registration for a civil engineer shall be issued by the board on or after January 1, 1988, to any applicant unless they have successfully completed questions to test their knowledge of seismic principles and engineering surveying principles.
The board shall administer the questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
It is the intent of the Legislature that this section confirm the authority of the board to issue registrations prior to April 1, 1988, to applicants based on examinations not testing the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1.
SEC. 11.Section 6763.5 of the Business and Professions Code is amended to read:6763.5.If an applicant for licensure as a professional engineer, for certification as an engineer-in-training, or for authorization to use the title structural engineer or soil engineer is found by the board to lack the qualifications required for admission to the examination for such licensure, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 12.Section 6787 of the Business and Professions Code is amended to read:6787.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization.
(b)Presents or attempts to file as the persons own the certificate of an engineer-in-training or the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training or a certificate of licensure.
(d)Impersonates or uses the seal, signature, or license number of a licensed professional engineer or uses a false license number.
(e)Impersonates or uses the certificate number of an engineer-in-training or uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter.
(h)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to Section 8726.1.
(i)Uses the title, or any combination of that title, of professional engineer, licensed engineer, registered engineer, or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or engineer-in-training, or makes use of any abbreviation of that title that might lead to the belief that the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter.
(j)Uses the title consulting engineer without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session.
(k)Violates any provision of this chapter.
SEC. 13.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional geologist or professional geophysicist in responsible charge of the services.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 14.Section 7872 of the Business and Professions Code is amended to read:7872.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization.
(b)Presents or attempts to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(d)Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.
(e)Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter.
(h)Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834.
(i)Uses the title, or any combination of that title, of professional geologist, registered geophysicist, or professional geophysicist, the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or geologist-in-training, or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.
(j)Violates any provision of this chapter.
SEC. 15.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 16.Section 8729 of the Business and Professions Code, as amended by Section 7 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 16.5.Section 8729 of the Business and Professions Code, as amended by Section 7 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
SEC. 17.Section 8729 of the Business and Professions Code, as amended by Section 8 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026.
SEC. 17.5.Section 8729 of the Business and Professions Code, as amended by Section 8 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2034.
SEC. 18.Section 8748.5 of the Business and Professions Code is amended to read:8748.5.If an applicant for license as a land surveyor or certification as a land surveyor-in-training is found by the board to lack the qualifications required for such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 19.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the licensed land surveyor or licensed civil engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 20.Section 8771.6 is added to the Business and Professions Code, to read:8771.6.(a)In every case where any monument is found with a physical condition that is less than permanent and durable, the licensed land surveyor or registered civil engineer using that monument as control in any survey shall reconstruct or rehabilitate the monument so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
(b)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 21.Section 8773.3 of the Business and Professions Code is amended to read:8773.3.In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
SEC. 22.Section 8792 of the Business and Professions Code is amended to read:8792.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization.
(b)Presents as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license.
(c)Attempts to file as their own any record of survey under the license of a professional land surveyor.
(d)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(e)Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number.
(f)Impersonates or uses the certificate number of a land surveyor-in-training or who uses a false certificate.
(g)Uses an expired, suspended, surrendered, or revoked certificate or license.
(h)Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless the person is correspondingly qualified by licensure as a land surveyor under this chapter.
(i)Uses the title, or any combination of that title, of professional land surveyor, licensed land surveyor, land surveyor, or the titles specified in Sections 8751 and 8775, or land surveyor-in-training, or who makes use of any abbreviation of that title that might lead to the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter.
(j)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2.
(k)Violates any provision of this chapter.
SEC. 23.Sections 6.5, 7.5, 16.5, and 17.5 of this bill incorporate amendments to Sections 6738 and 8729 of the Business and Professions Code proposed by both this bill and Assembly Bill 1862. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Sections 6738 and 8729 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1862, in which case Sections 6, 7, 16, and 17 of this bill shall not become operative.
SEC. 24.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.
(b)Subdivision (a) applies to the following boards or committees:
(1)The Medical Board of California.
(2)The Podiatric Medical Board of California.
(3)The Physical Therapy Board of California.
(4)The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5)The Board of Vocational Nursing and Psychiatric Technicians.
(6)The California State Board of Optometry.
(7)The California State Board of Pharmacy.
(8)The Veterinary Medical Board.
(9)The California Architects Board.
(10)The Landscape Architect Technical Committee.
(11)The Contractors State License Board.
(12)The Board of Behavioral Sciences.
(13)The Court Reporters Board of California.
(14)The State Athletic Commission.
(15)The Osteopathic Medical Board of California.
(16)The Respiratory Care Board of California.
(17)The Acupuncture Board.
(18)The Board of Psychology.
(19)The Structural Pest Control Board.
SEC. 2.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 6711 of the Business and Professions Code is amended to read:6711.Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the Professional Land Surveyors Act, Chapter 15 (commencing with Section 8700), one member shall be licensed under the Geologist and Geophysicist Act, Chapter 12.5 (commencing with Section 7800), and eight shall be public members who are not registered under this act, licensed under the Geologist and Geophysicist Act, or licensed under the Professional Land Surveyors Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in their profession. Each member shall have been a resident of this state for at least five years immediately preceding their appointment.
SEC. 4.Section 6713 of the Business and Professions Code is amended to read:6713.Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.
SEC. 5.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 6738 of the Business and Professions Code, as amended by Section 1 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice, within the scope of their license, civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 6.5.Section 6738 of the Business and Professions Code, as amended by Section 1 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice, within the scope of their license, civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
SEC. 7.Section 6738 of the Business and Professions Code, as amended by Section 2 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice within the scope of their license civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026.
SEC. 7.5.Section 6738 of the Business and Professions Code, as amended by Section 2 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice within the scope of their license civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2034.
SEC. 8.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 9.Section 6755 of the Business and Professions Code is amended to read:6755.(a)Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicants knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the applicants ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
(b)The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of subdivision (a) of Section 6751.
(c)The board may by rule provide for a waiver of any part of the second division of the examination for persons eminently qualified for licensure in this state by virtue of their standing in the engineering community, their years of experience, and those other qualifications as the board deems appropriate.
SEC. 10.Section 6755.1 of the Business and Professions Code is amended to read:6755.1.(a)The second division of the examination for registration as a professional engineer shall include questions to test the applicants knowledge of state laws and the boards rules and regulations regulating the practice of professional engineering. The board shall administer the test on state laws and board rules regulating the practice of engineering in this state as a separate part of the second division of the examination for registration as a professional engineer.
(b)On and after April 1, 1988, the second division of the examination for registration as a civil engineer shall also include questions to test the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1. No registration for a civil engineer shall be issued by the board on or after January 1, 1988, to any applicant unless they have successfully completed questions to test their knowledge of seismic principles and engineering surveying principles.
The board shall administer the questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
It is the intent of the Legislature that this section confirm the authority of the board to issue registrations prior to April 1, 1988, to applicants based on examinations not testing the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1.
SEC. 11.Section 6763.5 of the Business and Professions Code is amended to read:6763.5.If an applicant for licensure as a professional engineer, for certification as an engineer-in-training, or for authorization to use the title structural engineer or soil engineer is found by the board to lack the qualifications required for admission to the examination for such licensure, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 12.Section 6787 of the Business and Professions Code is amended to read:6787.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization.
(b)Presents or attempts to file as the persons own the certificate of an engineer-in-training or the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training or a certificate of licensure.
(d)Impersonates or uses the seal, signature, or license number of a licensed professional engineer or uses a false license number.
(e)Impersonates or uses the certificate number of an engineer-in-training or uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter.
(h)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to Section 8726.1.
(i)Uses the title, or any combination of that title, of professional engineer, licensed engineer, registered engineer, or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or engineer-in-training, or makes use of any abbreviation of that title that might lead to the belief that the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter.
(j)Uses the title consulting engineer without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session.
(k)Violates any provision of this chapter.
SEC. 13.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional geologist or professional geophysicist in responsible charge of the services.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 14.Section 7872 of the Business and Professions Code is amended to read:7872.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization.
(b)Presents or attempts to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(d)Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.
(e)Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter.
(h)Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834.
(i)Uses the title, or any combination of that title, of professional geologist, registered geophysicist, or professional geophysicist, the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or geologist-in-training, or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.
(j)Violates any provision of this chapter.
SEC. 15.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 16.Section 8729 of the Business and Professions Code, as amended by Section 7 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 16.5.Section 8729 of the Business and Professions Code, as amended by Section 7 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
SEC. 17.Section 8729 of the Business and Professions Code, as amended by Section 8 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026.
SEC. 17.5.Section 8729 of the Business and Professions Code, as amended by Section 8 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2034.
SEC. 18.Section 8748.5 of the Business and Professions Code is amended to read:8748.5.If an applicant for license as a land surveyor or certification as a land surveyor-in-training is found by the board to lack the qualifications required for such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 19.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the licensed land surveyor or licensed civil engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 20.Section 8771.6 is added to the Business and Professions Code, to read:8771.6.(a)In every case where any monument is found with a physical condition that is less than permanent and durable, the licensed land surveyor or registered civil engineer using that monument as control in any survey shall reconstruct or rehabilitate the monument so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
(b)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 21.Section 8773.3 of the Business and Professions Code is amended to read:8773.3.In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
SEC. 22.Section 8792 of the Business and Professions Code is amended to read:8792.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization.
(b)Presents as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license.
(c)Attempts to file as their own any record of survey under the license of a professional land surveyor.
(d)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(e)Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number.
(f)Impersonates or uses the certificate number of a land surveyor-in-training or who uses a false certificate.
(g)Uses an expired, suspended, surrendered, or revoked certificate or license.
(h)Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless the person is correspondingly qualified by licensure as a land surveyor under this chapter.
(i)Uses the title, or any combination of that title, of professional land surveyor, licensed land surveyor, land surveyor, or the titles specified in Sections 8751 and 8775, or land surveyor-in-training, or who makes use of any abbreviation of that title that might lead to the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter.
(j)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2.
(k)Violates any provision of this chapter.
SEC. 23.Sections 6.5, 7.5, 16.5, and 17.5 of this bill incorporate amendments to Sections 6738 and 8729 of the Business and Professions Code proposed by both this bill and Assembly Bill 1862. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Sections 6738 and 8729 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1862, in which case Sections 6, 7, 16, and 17 of this bill shall not become operative.
SEC. 24.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.
(b)Subdivision (a) applies to the following boards or committees:
(1)The Medical Board of California.
(2)The Podiatric Medical Board of California.
(3)The Physical Therapy Board of California.
(4)The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5)The Board of Vocational Nursing and Psychiatric Technicians.
(6)The California State Board of Optometry.
(7)The California State Board of Pharmacy.
(8)The Veterinary Medical Board.
(9)The California Architects Board.
(10)The Landscape Architect Technical Committee.
(11)The Contractors State License Board.
(12)The Board of Behavioral Sciences.
(13)The Court Reporters Board of California.
(14)The State Athletic Commission.
(15)The Osteopathic Medical Board of California.
(16)The Respiratory Care Board of California.
(17)The Acupuncture Board.
(18)The Board of Psychology.
(19)The Structural Pest Control Board.
SEC. 2.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 6711 of the Business and Professions Code is amended to read:6711.Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the Professional Land Surveyors Act, Chapter 15 (commencing with Section 8700), one member shall be licensed under the Geologist and Geophysicist Act, Chapter 12.5 (commencing with Section 7800), and eight shall be public members who are not registered under this act, licensed under the Geologist and Geophysicist Act, or licensed under the Professional Land Surveyors Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in their profession. Each member shall have been a resident of this state for at least five years immediately preceding their appointment.
SEC. 4.Section 6713 of the Business and Professions Code is amended to read:6713.Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.
SEC. 5.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 6738 of the Business and Professions Code, as amended by Section 1 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice, within the scope of their license, civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 6.5.Section 6738 of the Business and Professions Code, as amended by Section 1 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice, within the scope of their license, civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivision subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, 2034, and as of that date is repealed.
SEC. 7.Section 6738 of the Business and Professions Code, as amended by Section 2 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice within the scope of their license civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026.
SEC. 7.5.Section 6738 of the Business and Professions Code, as amended by Section 2 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice within the scope of their license civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivision subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026. 2034.
SEC. 8.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 9.Section 6755 of the Business and Professions Code is amended to read:6755.(a)Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicants knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the applicants ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
(b)The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of subdivision (a) of Section 6751.
(c)The board may by rule provide for a waiver of any part of the second division of the examination for persons eminently qualified for licensure in this state by virtue of their standing in the engineering community, their years of experience, and those other qualifications as the board deems appropriate.
SEC. 10.Section 6755.1 of the Business and Professions Code is amended to read:6755.1.(a)The second division of the examination for registration as a professional engineer shall include questions to test the applicants knowledge of state laws and the boards rules and regulations regulating the practice of professional engineering. The board shall administer the test on state laws and board rules regulating the practice of engineering in this state as a separate part of the second division of the examination for registration as a professional engineer.
(b)On and after April 1, 1988, the second division of the examination for registration as a civil engineer shall also include questions to test the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1. No registration for a civil engineer shall be issued by the board on or after January 1, 1988, to any applicant unless they have successfully completed questions to test their knowledge of seismic principles and engineering surveying principles.
The board shall administer the questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
It is the intent of the Legislature that this section confirm the authority of the board to issue registrations prior to April 1, 1988, to applicants based on examinations not testing the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1.
SEC. 11.Section 6763.5 of the Business and Professions Code is amended to read:6763.5.If an applicant for licensure as a professional engineer, for certification as an engineer-in-training, or for authorization to use the title structural engineer or soil engineer is found by the board to lack the qualifications required for admission to the examination for such licensure, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 12.Section 6787 of the Business and Professions Code is amended to read:6787.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization.
(b)Presents or attempts to file as the persons own the certificate of an engineer-in-training or the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training or a certificate of licensure.
(d)Impersonates or uses the seal, signature, or license number of a licensed professional engineer or uses a false license number.
(e)Impersonates or uses the certificate number of an engineer-in-training or uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter.
(h)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to Section 8726.1.
(i)Uses the title, or any combination of that title, of professional engineer, licensed engineer, registered engineer, or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or engineer-in-training, or makes use of any abbreviation of that title that might lead to the belief that the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter.
(j)Uses the title consulting engineer without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session.
(k)Violates any provision of this chapter.
SEC. 13.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional geologist or professional geophysicist in responsible charge of the services.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 14.Section 7872 of the Business and Professions Code is amended to read:7872.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization.
(b)Presents or attempts to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(d)Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.
(e)Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter.
(h)Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834.
(i)Uses the title, or any combination of that title, of professional geologist, registered geophysicist, or professional geophysicist, the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or geologist-in-training, or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.
(j)Violates any provision of this chapter.
SEC. 15.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 16.Section 8729 of the Business and Professions Code, as amended by Section 7 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or office officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 16.5.Section 8729 of the Business and Professions Code, as amended by Section 7 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivision subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or office officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, 2034, and as of that date is repealed.
SEC. 17.Section 8729 of the Business and Professions Code, as amended by Section 8 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or office officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026.
SEC. 17.5.Section 8729 of the Business and Professions Code, as amended by Section 8 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivision subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or office officer of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026. 2034.
SEC. 18.Section 8748.5 of the Business and Professions Code is amended to read:8748.5.If an applicant for license as a land surveyor or certification as a land surveyor-in-training is found by the board to lack the qualifications required for such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 19.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the licensed land surveyor or licensed civil engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 20.Section 8771.6 is added to the Business and Professions Code, to read:8771.6.(a)In every case where any monument is found with a physical condition that is less than permanent and durable, the licensed land surveyor or registered civil engineer using that monument as control in any survey shall reconstruct or rehabilitate the monument so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
(b)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 21.Section 8773.3 of the Business and Professions Code is amended to read:8773.3.In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
SEC. 22.Section 8792 of the Business and Professions Code is amended to read:8792.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization.
(b)Presents as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license.
(c)Attempts to file as their own any record of survey under the license of a professional land surveyor.
(d)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(e)Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number.
(f)Impersonates or uses the certificate number of a land surveyor-in-training or who uses a false certificate.
(g)Uses an expired, suspended, surrendered, or revoked certificate or license.
(h)Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless the person is correspondingly qualified by licensure as a land surveyor under this chapter.
(i)Uses the title, or any combination of that title, of professional land surveyor, licensed land surveyor, land surveyor, or the titles specified in Sections 8751 and 8775, or land surveyor-in-training, or who makes use of any abbreviation of that title that might lead to the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter.
(j)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2.
(k)Violates any provision of this chapter.
SEC. 23.Sections 6.5, 7.5, 16.5, and 17.5 of this bill incorporate amendments to Sections 6738 and 8729 of the Business and Professions Code proposed by both this bill and Assembly Bill 1862. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Sections 6738 and 8729 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1862, in which case Sections 6, 7, 16, and 17 of this bill shall not become operative.
SEC. 23.SEC. 24.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.
(b)Subdivision (a) applies to the following boards or committees:
(1)The Medical Board of California.
(2)The Podiatric Medical Board of California.
(3)The Physical Therapy Board of California.
(4)The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5)The Board of Vocational Nursing and Psychiatric Technicians.
(6)The California State Board of Optometry.
(7)The California State Board of Pharmacy.
(8)The Veterinary Medical Board.
(9)The California Architects Board.
(10)The Landscape Architect Technical Committee.
(11)The Contractors State License Board.
(12)The Board of Behavioral Sciences.
(13)The Court Reporters Board of California.
(14)The State Athletic Commission.
(15)The Osteopathic Medical Board of California.
(16)The Respiratory Care Board of California.
(17)The Acupuncture Board.
(18)The Board of Psychology.
(19)The Structural Pest Control Board.
SEC. 2.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 6711 of the Business and Professions Code is amended to read:6711.Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the Professional Land Surveyors Act, Chapter 15 (commencing with Section 8700), one member shall be licensed under the Geologist and Geophysicist Act, Chapter 12.5 (commencing with Section 7800), and eight shall be public members who are not registered under this act, licensed under the Geologist and Geophysicist Act, or licensed under the Professional Land Surveyors Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in their profession. Each member shall have been a resident of this state for at least five years immediately preceding their appointment.
SEC. 4.Section 6713 of the Business and Professions Code is amended to read:6713.Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.
SEC. 5.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 6738 of the Business and Professions Code, as amended by Section 1 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice, within the scope of their license, civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivision subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 7.Section 6738 of the Business and Professions Code, as amended by Section 2 of Chapter 302 of the Statutes of 2022, is amended to read:6738.(a)This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice within the scope of their license civil (including geotechnical and structural), electrical, or mechanical engineering as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if all of the following requirements are met:
(1)A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business.
(2)All civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering.
(3)If the business name of a California engineering business contains the name of any person, then that person shall be licensed as a professional engineer, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivision subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California engineering business may be a fictitious name. However, if the fictitious name includes the name of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter may also be a partner or an officer of a civil, electrical, or mechanical engineering business if the requirements of subdivision (a) are met. This section does not permit a person who is not licensed under this chapter to be the sole owner of a civil, electrical, or mechanical engineering business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering civil, electrical, or mechanical engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering civil, electrical, or mechanical engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before and after the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use their name as the name of a new or purchased business if it is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect the provisions of Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering civil, electrical, or mechanical engineering services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026.
SEC. 6.SEC. 8.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 7.SEC. 9.Section 6755 of the Business and Professions Code is amended to read:6755.(a)Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicants knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the applicants ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
(b)The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of subdivision (a) of Section 6751.
(c)The board may by rule provide for a waiver of any part of the second division of the examination for persons eminently qualified for licensure in this state by virtue of their standing in the engineering community, their years of experience, and those other qualifications as the board deems appropriate.
SEC. 8.SEC. 10.Section 6755.1 of the Business and Professions Code is amended to read:6755.1.(a)The second division of the examination for registration as a professional engineer shall include questions to test the applicants knowledge of state laws and the boards rules and regulations regulating the practice of professional engineering. The board shall administer the test on state laws and board rules regulating the practice of engineering in this state as a separate part of the second division of the examination for registration as a professional engineer.
(b)On and after April 1, 1988, the second division of the examination for registration as a civil engineer shall also include questions to test the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1. No registration for a civil engineer shall be issued by the board on or after January 1, 1988, to any applicant unless they have successfully completed questions to test their knowledge of seismic principles and engineering surveying principles.
The board shall administer the questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
It is the intent of the Legislature that this section confirm the authority of the board to issue registrations prior to April 1, 1988, to applicants based on examinations not testing the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1.
SEC. 9.SEC. 11.Section 6763.5 of the Business and Professions Code is amended to read:6763.5.If an applicant for licensure as a professional engineer, for certification as an engineer-in-training, or for authorization to use the title structural engineer or soil engineer is found by the board to lack the qualifications required for admission to the examination for such licensure, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 10.SEC. 12.Section 6787 of the Business and Professions Code is amended to read:6787.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization.
(b)Presents or attempts to file as the persons own the certificate of an engineer-in-training or the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training or a certificate of licensure.
(d)Impersonates or uses the seal, signature, or license number of a licensed professional engineer or uses a false license number.
(e)Impersonates or uses the certificate number of an engineer-in-training or uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter.
(h)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to Section 8726.1.
(i)Uses the title, or any combination of that title, of professional engineer, licensed engineer, registered engineer, or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or engineer-in-training, or makes use of any abbreviation of that title that might lead to the belief that the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter.
(j)Uses the title consulting engineer without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session.
(k)Violates any provision of this chapter.
SEC. 11.SEC. 13.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional geologist or professional geophysicist in responsible charge of the services.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 12.SEC. 14.Section 7872 of the Business and Professions Code is amended to read:7872.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization.
(b)Presents or attempts to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(d)Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.
(e)Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter.
(h)Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834.
(i)Uses the title, or any combination of that title, of professional geologist, registered geophysicist, or professional geophysicist, the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or geologist-in-training, or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.
(j)Violates any provision of this chapter.
SEC. 13.SEC. 15.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 16.Section 8729 of the Business and Professions Code, as amended by Section 7 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivision subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 17.Section 8729 of the Business and Professions Code, as amended by Section 8 of Chapter 302 of the Statutes of 2022, is amended to read:8729.(a)This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1)A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2)All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3)If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b)An out-of-state business with a branch office in this state shall meet the requirements of subdivision subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c)The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d)A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.
(e)This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(f)A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1)The persons name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.
(2)The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3)The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4)The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5)The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(g)This section does not affect Sections 6731.2 and 8726.1.
(h)(1)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(2)The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).
(i)This section shall become operative on January 1, 2026.
SEC. 14.SEC. 18.Section 8748.5 of the Business and Professions Code is amended to read:8748.5.If an applicant for license as a land surveyor or certification as a land surveyor-in-training is found by the board to lack the qualifications required for such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 15.SEC. 19.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the licensed land surveyor or licensed civil engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 20.Section 8771.6 is added to the Business and Professions Code, to read:8771.6.(a)In every case where any monument is found with a physical condition that is less than permanent and durable, the licensed land surveyor or registered civil engineer using that monument as control in any survey shall reconstruct or rehabilitate the monument so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
(b)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 21.Section 8773.3 of the Business and Professions Code is amended to read:8773.3.In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
SEC. 16.SEC. 22.Section 8792 of the Business and Professions Code is amended to read:8792.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization.
(b)Presents as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license.
(c)Attempts to file as their own any record of survey under the license of a professional land surveyor.
(d)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(e)Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number.
(f)Impersonates or uses the certificate number of a land surveyor-in-training or who uses a false certificate.
(g)Uses an expired, suspended, surrendered, or revoked certificate or license.
(h)Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless the person is correspondingly qualified by licensure as a land surveyor under this chapter.
(i)Uses the title, or any combination of that title, of professional land surveyor, licensed land surveyor, land surveyor, or the titles specified in Sections 8751 and 8775, or land surveyor-in-training, or who makes use of any abbreviation of that title that might lead to the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter.
(j)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2.
(k)Violates any provision of this chapter.
SEC. 17.SEC. 23.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.
(b)Subdivision (a) applies to the following boards or committees:
(1)The Medical Board of California.
(2)The Podiatric Medical Board of California.
(3)The Physical Therapy Board of California.
(4)The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5)The Board of Vocational Nursing and Psychiatric Technicians.
(6)The California State Board of Optometry.
(7)The California State Board of Pharmacy.
(8)The Veterinary Medical Board.
(9)The California Architects Board.
(10)The Landscape Architect Technical Committee.
(11)The Contractors State License Board.
(12)The Board of Behavioral Sciences.
(13)The Court Reporters Board of California.
(14)The State Athletic Commission.
(15)The Osteopathic Medical Board of California.
(16)The Respiratory Care Board of California.
(17)The Acupuncture Board.
(18)The Board of Psychology.
(19)The Structural Pest Control Board.
SEC. 2.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 6711 of the Business and Professions Code is amended to read:6711.Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the Professional Land Surveyors Act, Chapter 15 (commencing with Section 8700), one member shall be licensed under the Geologist and Geophysicist Act, Chapter 12.5 (commencing with Section 7800), and eight shall be public members who are not registered under this act, licensed under the Geologist and Geophysicist Act, or licensed under the Professional Land Surveyors Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in his or her their profession. Each member shall be at least 30 years of age, and shall have been a resident of this state for at least five years immediately preceding his or her their appointment.
SEC. 3.SEC. 4.Section 6713 of the Business and Professions Code is amended to read:6713.Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.
SEC. 4.SEC. 5.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 6749 of the Business and Professions Code is amended to read:6749.(a)A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the clients representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the professional engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4)A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2)A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional engineering services rendered by a professional engineer to any of the following:
(A)A professional engineer licensed or registered under this chapter.
(B)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 5.SEC. 7.Section 6755 of the Business and Professions Code is amended to read:6755.(a)Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicants knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the applicants ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
(b)The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of subdivision (a) of Section 6751.
(c)The board may by rule provide for a waiver of any part of the second division of the examination for persons eminently qualified for licensure in this state by virtue of their standing in the engineering community, their years of experience, and those other qualifications as the board deems appropriate.
SEC. 6.SEC. 8.Section 6755.1 of the Business and Professions Code is amended to read:6755.1.(a)The second division of the examination for registration as a professional engineer shall include questions to test the applicants knowledge of state laws and the boards rules and regulations regulating the practice of professional engineering. The board shall administer the test on state laws and board rules regulating the practice of engineering in this state as a separate part of the second division of the examination for registration as a professional engineer.
(b)On and after April 1, 1988, the second division of the examination for registration as a civil engineer shall also include questions to test the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1. No registration for a civil engineer shall be issued by the board on or after January 1, 1988, to any applicant unless they have successfully completed questions to test their knowledge of seismic principles and engineering surveying principles.
The board shall administer the questions to test the applicants knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer.
It is the intent of the Legislature that this section confirm the authority of the board to issue registrations prior to April 1, 1988, to applicants based on examinations not testing the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1.
SEC. 7.SEC. 9.Section 6763.5 of the Business and Professions Code is amended to read:6763.5.If an applicant for licensure as a professional engineer, for certification as an engineer-in-training, or for authorization to use the title structural engineer or soil engineer is found by the board to lack the qualifications required for admission to the examination for such licensure, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 8.SEC. 10.Section 6787 of the Business and Professions Code is amended to read:6787.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization.
(b)Presents or attempts to file as the persons own the certificate of an engineer-in-training or the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training or a certificate of licensure.
(d)Impersonates or uses the seal, signature, or license number of a licensed professional engineer or uses a false license number.
(e)Impersonates or uses the certificate number of an engineer-in-training or uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter.
(h)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to Section 8726.1.
(i)Uses the title, or any combination of that title, of professional engineer, licensed engineer, registered engineer, or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or engineer-in-training, or makes use of any abbreviation of that title that might lead to the belief that the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter.
(j)Uses the title consulting engineer without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session.
(k)Violates any provision of this chapter.
SEC. 11.Section 7839.2 of the Business and Professions Code is amended to read:7839.2.(a)A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the clients representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1)A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4)A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the professional geologist or professional geophysicist in responsible charge of the services.
(b)Subdivision (a) shall not apply to any of the following:
(1)Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2)A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3)If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4)Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A)A geologist or geophysicist licensed under this chapter.
(B)An engineer licensed under Chapter 7 (commencing with Section 6700).
(C)A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D)An architect licensed under Chapter 3 (commencing with Section 5500).
(E)A contractor licensed under Chapter 9 (commencing with Section 7000).
(F)A public agency.
(c)As used in this section, written contract includes a contract in electronic form.
SEC. 9.SEC. 12.Section 7872 of the Business and Professions Code is amended to read:7872.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization.
(b)Presents or attempts to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(d)Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.
(e)Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate.
(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter.
(h)Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834.
(i)Uses the title, or any combination of that title, of professional geologist, registered geophysicist, or professional geophysicist, the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or geologist-in-training, or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.
(j)Violates any provision of this chapter.
SEC. 10.SEC. 13.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11.SEC. 14.Section 8748.5 of the Business and Professions Code is amended to read:8748.5.If an applicant for license as a land surveyor or certification as a land surveyor-in-training is found by the board to lack the qualifications required for such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.
SEC. 15.Section 8759 of the Business and Professions Code is amended to read:8759.(a)A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the clients representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)A description of the procedure to be used by both parties to terminate the contract.
(6)Disclosure of any existence of a current professional liability insurance policy covering the licensed land surveyor or licensed civil engineer in responsible charge of the services.
(b)This section shall not apply to any of the following:
(1)Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)A land surveyor licensed under this chapter.
(C)An architect licensed under Chapter 3 (commencing with Section 5500).
(D)A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)A public agency.
(c)Written contract as used in this section includes a contract that is in electronic form.
SEC. 12.SEC. 16.Section 8792 of the Business and Professions Code is amended to read:8792.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization.
(b)Presents as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license.
(c)Attempts to file as their own any record of survey under the license of a professional land surveyor.
(d)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(e)Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number.
(f)Impersonates or uses the certificate number of a land surveyor-in-training or who uses a false certificate.
(g)Uses an expired, suspended, surrendered, or revoked certificate or license.
(h)Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless the person is correspondingly qualified by licensure as a land surveyor under this chapter.
(i)Uses the title, or any combination of that title, of professional land surveyor, licensed land surveyor, land surveyor, or the titles specified in Sections 8751 and 8775, or land surveyor-in-training, or who makes use of any abbreviation of that title that might lead to the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter.
(j)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2.
(k)Violates any provision of this chapter.
SEC. 13.SEC. 17.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.
(b)Subdivision (a) applies to the following boards or committees:
(1)The Medical Board of California.
(2)The Podiatric Medical Board of California.
(3)The Physical Therapy Board of California.
(4)The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5)The Board of Vocational Nursing and Psychiatric Technicians.
(6)The California State Board of Optometry.
(7)The California State Board of Pharmacy.
(8)The Veterinary Medical Board.
(9)The California Architects Board.
(10)The Landscape Architect Technical Committee.
(11)The Board for Professional Engineers and Land Surveyors.(12)(11)The Contractors State License Board.
(13)(12)The Board of Behavioral Sciences.
(14)(13)The Court Reporters Board of California.
(15)(14)The State Athletic Commission.
(16)(15)The Osteopathic Medical Board of California.
(17)(16)The Respiratory Care Board of California.
(18)(17)The Acupuncture Board.
(19)(18)The Board of Psychology.
(20)(19)The Structural Pest Control Board.
SEC. 2.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2025, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SECTION 1.SEC. 3.Section 6713 of the Business and Professions Code is amended to read:6713.Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.
SEC. 4.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2025, 2029, and as of that date is repealed.
SEC. 5.Section 6755 of the Business and Professions Code is amended to read:6755.(a)Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicants knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the applicants ability to apply his or her their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
(b)The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of subdivision (a) of Section 6751.
(c)The board may by rule provide for a waiver of any part of the second division of the examination for persons eminently qualified for licensure in this state by virtue of their standing in the engineering community, their years of experience, and those other qualifications as the board deems appropriate.
SEC. 6.Section 6755.1 of the Business and Professions Code is amended to read:6755.1.(a)The second division of the examination for registration as a professional engineer shall include questions to test the applicants knowledge of state laws and the boards rules and regulations regulating the practice of professional engineering. The board shall administer the test on state laws and board rules regulating the practice of engineering in this state as a separate part of the second division of the examination for registration as a professional engineer.
(b)On and after April 1, 1988, the second division of the examination for registration as a civil engineer shall also include questions to test the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1. No registration for a civil engineer shall be issued by the board on or after January 1, 1988, to any applicant unless he or she has they have successfully completed questions to test his or her their knowledge of seismic principles and engineering surveying principles.
The board shall administer the questions to test the applicants knowledge of seismic principles and engineering surveying principles as a separate part separate parts of the second division of the examination for registration as a civil engineer.
It is the intent of the Legislature that this section confirm the authority of the board to issue registrations prior to April 1, 1988, to applicants based on examinations not testing the applicants knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1.
SEC. 7.Section 6763.5 of the Business and Professions Code is amended to read:6763.5.If an applicant for licensure as a professional engineer, for certification as an engineer-in-training, or for authorization to use the title structural engineer or soil engineer is found by the board to lack the qualifications required for admission to the examination for such licensure, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to him or her one-half of the amount of his or her application fee. them their examination fee.
SEC. 8.Section 6787 of the Business and Professions Code is amended to read:6787.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization.
(b)Presents or attempts to file as the persons own the certificate of an engineer-in-training or the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure. certificate.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training or a certificate of licensure.
(d)Impersonates or uses the seal, signature, or license number of a licensed professional engineer or uses a false license number.
(e)Impersonates or uses the certificate number of an engineer-in-training or uses a false certificate.
(e)(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(f)(g)Represents themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter.
(g)(h)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to Section 8726.1.
(h)(i)Uses the title, or any combination of that title, of professional engineer, licensed engineer, registered engineer, or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or engineer-in-training, or makes use of any abbreviation of that title that might lead to the belief that the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter.
(i)(j)Uses the title consulting engineer without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session.
(j)(k)Violates any provision of this chapter.
SEC. 9.Section 7872 of the Business and Professions Code is amended to read:7872.A person who does any of the following is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment: misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization.
(b)Presents or attempts to file as their own the certificate of registration of another person. a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license.
(c)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration. or a license.
(d)Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.
(e)Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate.
(e)(f)Uses an expired, suspended, surrendered, or revoked certificate or license.
(f)(g)Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter.
(g)(h)Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834.
(h)(i)Uses the title, or any combination of that title, of professional geologist, registered geophysicist, or professional geophysicist, the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or geologist-in-training, or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.
(i)(j)Violates any provision of this chapter.
SEC. 10.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2025, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11.Section 8748.5 of the Business and Professions Code is amended to read:8748.5.If an applicant for license as a land surveyor or certification as a land surveyor-in-training is found by the board to lack the qualifications required for such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to him or her one-half of the amount of his or her application fee. them their examination fee.
SEC. 12.Section 8792 of the Business and Professions Code is amended to read:8792.A person who does any of the following is guilty of a misdemeanor:
(a)Unless the person is exempt from licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization.
(b)Presents as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license.
(c)Attempts to file as their own any record of survey under the license of a professional land surveyor.
(d)Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.
(e)Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number.
(f)Impersonates or uses the certificate number of a land surveyor-in-training or who uses a false certificate.
(f)(g)Uses an expired, suspended, surrendered, or revoked certificate or license.
(g)(h)Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless the person is correspondingly qualified by licensure as a land surveyor under this chapter.
(h)(i)Uses the title, or any combination of that title, of professional land surveyor, licensed land surveyor, land surveyor, or the titles specified in Sections 8751 and 8775, or land surveyor-in-training, or who makes use of any abbreviation of that title that might lead to the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter.
(i)(j)Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2.
(j)(k)Violates any provision of this chapter.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Governor may remove any member of the board for misconduct, incompetency or neglect of duty. Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.
|
Date
|
Status
|
|---|---|
| Sep 25, 2024 | Chaptered by Secretary of State - Chapter 588, Statutes of 2024. |
| Sep 25, 2024 | Approved by the Governor. |
| Sep 6, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 22, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 7. Noes 0.) (August 15). |
| Aug 5, 2024 | In committee: Referred to suspense file. |
| Jul 1, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 1). Re-referred to Com. on APPR. |
| Jun 25, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D. |
| Jun 13, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D. |
| Jun 5, 2024 | Referred to Com. on B., P. & E. D. |
| May 23, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 5533.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 15. Noes 0.) (May 16). |
| May 8, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 17. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| Apr 22, 2024 | Re-referred to Com. on B. & P. |
| Apr 18, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 11, 2024 | Referred to Com. on B. & P. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 3253 Berman Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB3253 Berman et al. By Ashby | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 5, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 1, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 22, 2024 | AB 3253 Business and Professions Assembly Third Reading By BERMAN | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| american council of engineering companies | ** Support | |
| American Council of Engineering Companies, California | ** Support | |
| American Society of Civil Engineers | * Support | Jul 1, 2024 |
| Association for Environmental and Engineering Geologists | * Support | Jul 1, 2024 |
| Board For Professional Engineers, Land Surveyors And Geologists | ** Support | |
| California & Nevada Civil Engineers and Land Surveyors Association, Inc. | ** Support | |
| California State Association Of Counties | * Support | Jul 1, 2024 |
| Professional Engineers In California Government | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 3253
Author:(Berman)
As Amended Ver:August 22, 2024
Majority vote
SUMMARY
Extends the sunset date for the Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG) until January 1, 2029, expands the BPELSG's authority to enforce against certain unlicensed activities, and makes various other technical changes in response to issues raised during the sunset review process.
Senate Amendments:
- Remove the age requirement for members of the board.
- Require that contracts between licensees and clients include a disclosure of any professional liability insurance policy covering the licensee.
- Require that, when filing an organizational record with the BPELSG, businesses must provide documentary evidence proving that an individual licensed by the BPELSG is an owner, partner, or officer of the business.
- Absorb provisions from AB 3176 (Hoover) that, until January 1, 2029, require a licensed land surveyor or registered civil engineer to reconstruct or rehabilitate any survey monument they utilize to a permanent state.
- Incorporate chaptering language to resolve conflicts with AB 1862 (Chen).
COMMENTS
As part of the BPELSG's sunset review, a number of issues and priorities were raised by the board's staff, stakeholders, and legislative committees. These issues were first outlined in the BPELSG's "2023-24 Sunset Review Report" submitted to the Legislature on January 4, 2024. Subsequently, as part of the Joint Sunset hearings conducted by the Assembly Committee on Business and Professions and the Senate Business, Professions and Economic Development Committee, committees issued "background papers" highlighting recommendations to the BPELSG regarding issues raised in their report. The background paper is available on the Committee's website: https://abp.assembly.ca.gov/jointsunsethearings. On April 11, the BPELSG responded to these recommendations and presented committee staff with potential reforms and statutory language to address various issues. This bill addresses certain issues discussed in these reports and responses.
While all of the issues identified in the background paper remain available for discussion, the following are currently being addressed the current language of this bill or are otherwise under active deliberation:
- Issue #2 – UK License Reciprocity. The Board reports that as a result of the singing of the Atlantic Declaration for Twenty-First Century U.S.-U.K. Economic Partnership, the NCEES and the Engineering Council in the United Kingdom (ECUK) are currently developing a mutual recognition agreement to more easily enable U.S.- based licensed engineers to practice in the UK and vice versa. In February 2024, representatives of the Board traveled to the UK to meet with ECUK and UK governmental officials to learn more about their licensing requirements and the industry more broadly. The Board reports that at this time its goal it to ensure that the licensing requirements established in the mutual recognition agreement sufficiently protect consumers. Existing law authorizes the Board to establish relationships with comparable licensing entities in other countries “for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure,” but the Board acknowledges that should they decide to accept the agreement as an alternate pathway to licensure for professional engineers, it is anticipated that legislative authorization and a subsequent rulemaking would be required for the Board to implement the alternate pathways established by the mutual recognition agreement.
Sunset Recommendation: This bill amends statute consistent with recommendations outlined in the BPELSG's response. Specifically, the bill strikes certain language in BPC sections 6755 and 6755.1 in reference to the "second division examination" that is utilized to test an applicant's applied knowledge and experience in the practice of engineering. The amendment to section 6755 clarifies that the Board has the authority to, by rule, waive any part of the second division examination when approving an applicant who is otherwise eminently qualified for licensure in the state. The amendment to section 6755.1 clarifies that, as part of the second division examination, the Board may administer questions as separate parts. Together, these clarifying amendments will allow the Board to waive certain parts of the second division examination as necessary to license UK Charted Engineers in the state pursuant to the MRA.
- Issue #8 – Unlicensed Activity. In 2019, the Board reported that it had witnessed a spike in unlicensed activity, largely stemming from the advancement and democratization of technologies (I.e. Global Positioning System (GPS) and Ground Penetrating Radar (GPR) used to render land surveying and geophysical services. At the time, the Board reported that the concern was not so much that these tools were being utilized by laypersons, but that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitute the practice of land surveying and geophysics in California. The Board reported that it had conducted outreach at industry events and formed a relationship with the California Facilities Safe Excavation Board. However, the Board continues to receive complaints about unlicensed activity and encounter businesses with no knowledge of the state’s licensing requirements.
In its 2023-24 Sunset Review Report, the Board stated that it is currently seeking ways to enhance the effectiveness of its Enforcement Unit in addressing complaints related to unlicensed practice. While administrative citations are useful for public disclosure, they are often not effective in motivating violators to actually cease activity. The internet is increasingly used for advertising these unlicensed services, complicating enforcement. While the Board has authority, through administrative citation, to order individuals advertising in phone directories to disconnect telephone services regulated by the Public Utilities Commission (PUC), many unlicensed individuals operate through mobile telephone services, which are not regulated by the PUC. The Board states they are exploring new strategies, such as collaborating with online platforms to educate users about licensure requirements and remove illegal listings.
Sunset Recommendation: Based on the BPELSG's response, this bill expands existing prohibitions regarding the impersonation of a licensed engineer, land surveyor or geologist to also include the false use of the title, name, or certificate number of a certified EIT, LSIT or GIT. Additionally, Senate amendments added language requiring all land survey and engineering businesses licensed by the BPELSG to submit documentary evidence proving that at least one owner, officer, or partner of the business is a professional licensed by the BPELSG, giving board staff greater assurance that businesses offering land survey or civil engineering services are adequately licensed to do so. Moreover, to provide greater consumer awareness and uplift responsible licensees, Senate amendments require all licensees to disclose the existence of professional liability insurance coverage in all contracts with clients.
- Issue #10 – Technical Cleanup. According to the Board, legislation enacted since the Board’s prior sunset review has made various technical changes, thus limiting the amount of technical clean-up needed at present. Nonetheless, the Board has identified a handful of sections within the Business and Professions Code that should be amended.
Sunset Recommendation: This bill makes technical changes to statute consistent with the recommendations outlined by the BPELSG in their response to the March background paper, including statutory cleanup related to board term lengths and exam fee reimbursement.
In addition to the above issues raised during Sunset Review, Senate amendments add provisions from AB 3176 (Hoover), which the Assembly approved earlier this year. Specifically, this bill requires, until January 1, 2029, licensed land surveyors or registered civil engineers to restore or rehabilitate any monument that is used as part of a survey to a permanent condition so that it may be referenced and used in the future.
According to the Author
"This bill is the sunset review vehicle for the Board of Professional Engineers, Land Surveyors, and Geologists, authored by the Assembly Business and Professions Committee. The bill extends the sunset date for the Board and enacts technical changes, statutory improvements, and policy reforms in response to issues raised during the Board’s sunset review oversight process."
Arguments in Support
In a joint support letter by the American Council of Engineering Companies, California and the California and Nevada Civil Engineers and Land Surveying Association, Inc., these organizations write: "Land surveying has a long and proud history in the United States and the State of California. The work performed by land surveyors includes the setting of legal property boundaries and locating with high precision the geospatial location of fixed works in the context of construction and engineering design and is therefore critical to the integrity of engineering design and the construction or modification of any building or infrastructure in the state."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee: "The 2024-25 Budget provides approximately $13.69 million (Professional Engineer's, Land Surveyor's, and Geologist's Fund) and 47.2 positions to support the continued operation of the Board’s licensing and enforcement activities. The Board notes the costs associated with the provisions of this bill are anticipated to be minor and absorbable."
VOTES:
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Aguiar-Curry, Irwin, Jackson, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur
ABS, ABST OR NV: Low
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Joe Patterson, Luz Rivas
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: August 22, 2024
CONSULTANT: Edward Franco / B. & P. / (916) 319-3301 FN: 0004836
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3253 |
THIRD READING
Bill No: AB 3253
Author: Berman (D), et al.
Amended: 8/22/24 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 13-0, 7/1/24
AYES: Ashby, Nguyen, Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Niello, Roth, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/22/24 - See last page for vote
SUBJECT: Board for Professional Engineers, Land Surveyors, and Geologists: licensees: professional land surveyors: surveying practices: monuments and corner accessories
SOURCE: Author
DIGEST:
This bill extends the sunset date of the Board for Professional Engineers, Land Surveyors and Geologists (BPELSG or Board) to January 1, 2029, and makes additional statutory improvements and policy reforms in response to issues raised during the board's sunset review.
Senate Floor Amendments of 8/22/24 resolve chaptering conflicts with AB 1862 (Chen) and clarify documentation necessary to demonstrate compliance with existing business formation requirements during the application process for a license as a professional engineer or land surveyor.
ANALYSIS:
Existing law:
- Provides for the regulation of professional engineering in California under the Professional Engineers Act, and prohibits the practice of unlicensed engineering. (Business and Professions Code (BPC) § 6700 et seq.)
- Provides for the regulation of professional geologists and geophysicists in California under the Geologist and Geophysicist Act, and prohibits the practice of unlicensed geology or geophysics. (BPC § 7800 et seq.)
- Provides for the regulation of licensed land surveyors in California under the Professional Land Surveyors’ Act, and prohibits the practice of unlicensed land surveying. (BPC § 8700 et seq.)
- Establishes the Board of Professional Engineers, Land Surveyors and Geologists under the Department of Consumer Affairs (DCA) to license and regulate engineers, land surveyors and geologists and administer the provisions under their respective practice acts until January 1, 2025. (BPC §§ 6710, 8710 et seq.)
- Establishes that, notwithstanding any other law, the terms of office for specified boards and committees under the DCA, including the BPELSG, shall be four years expiring on June 1. (BPC § 130)
- Requires board members to be at least 30 years of age. (BPC § 6711)
- Establishes terms of four years, expiring on June 30 of the fourth year following the year in which the previous term expired, for each member appointed to the BPELSG. (BPC § 6712(a))
- Specifies that applicants may apply for licensure as a sole proprietorship, partnership, limited liability partnership, firm, or corporation so long as specified requirements are met. (BPC §§ 6738, 8729)
- Requires an applicant for certification as an engineer-in-training to, among other requirements, successfully pass the first division of the examination administered by the BPELSG. (BPC § 6751(a)(2))
- Requires an applicant for certification as a licensed engineer to, among other requirements, successfully pass the second division of the examination administered by the BPELSG. (BPC § 6751(c)(4))
- Mandates that the examination duration and composition be designed to conform as follows:
- The first division of the examination shall test the applicant’s knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; and
- The second division shall test the applicant’s ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined. (BPC § 6755(a))
- Provides that the BPELSG may by rule provide for a waiver of the second division of the examination for persons eminently qualified for licensure by virtue of their standing in the engineering community, their years of experience, and other qualifications as the board deems appropriate. (BPC § 6755(a))
- For civil engineers, specifies that the second division of the examination shall include questions to test the applicant’s knowledge of seismic principles and engineering surveying principles, and that such questions shall be administered as a separate part of the examination. (BPC § 6755.1(b))
- Authorizes BPELSG to refund one-half of the amount of the application fee to applicants for licensure as a professional engineer or land surveyor, or certification as an engineer-in-training or land surveyor-in-training, who are found to lack qualifications required for admission to the examination for such licensure or certification. (BPC §§ 6763.5; 8748.5)
- Makes it a misdemeanor to present or attempt to file as one’s own the certificate of licensure of a licensed professional engineer, geologist, geophysicist, or land surveyor (licensee) unless they are the person named on the certificate of licensure; give false evidence of any kind to the board, or to any board member, in obtaining a license; impersonate or use the seal, signature, or license number of a licensee or use a false license number; or use an expired, suspended, surrendered, or revoked license. (BPC § 6787; 6787; 8792)
- Requires, in every case where a corner record is filed, the licensed land surveyor or registered civil engineer to reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future. (BPC § 8773.3)
This bill extends the authority for the BPELSG to license and regulate professions established under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act to January 1, 2029. Additionally, this bill makes several amendments to each of the practice acts to promote effective and efficient administration by the Board and to enhance consumer protection as discussed in the Board’s sunset review paper, the Committee’s background paper, at during the Board’s sunset review hearing. This bill also makes various technical amendments to the Board’s practice acts and includes language to prevent a chaptering conflict with AB 1862 (Chen of 2024).
Background
The BPELSG enforces license requirements for the following professions: engineers, electrical engineers, land surveyors, mechanical engineers, professional geologists, and professional geophysicists, ensuring such professionals have the adequate training and competency necessary to perform their duties. The Board has approximately 57,000 active licensees. Additionally, the Board enforces title protection of licensed engineers operating in sub-specialty classifications.
In March 2024, the Senate Business, Professions and Economic Development Committee and the Assembly Committee on Business and Professions (Committees) began their comprehensive sunset review oversight of ten regulatory entities, including the BPELSG, over two oversight hearings. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees, which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year. Following are issues pertaining to the BPELSG, along with background information concerning the particular issues raised in each entity’s background paper and raised during the BPELSG sunset review hearing on March 11, 2024, which are addressed by this bill.
UK License Reciprocity. After singing the Atlantic Declaration for Twenty-First Century U.S.-U.K. Economic Partnership, the National Council of Examiners for Engineering and Surveying (NCEES) and the Engineering Council in the United Kingdom (ECUK) began developing a Mutual Recognition Agreement (MRA) to reduce barriers for U.S.-based licensed engineers to practice in the UK and vice versa. The Board reports that its goal is to ensure licensing requirements established in and MRA sufficiently protect consumers.
The Board took action at their March 7, 2024, meeting to pursue recognition of the MRA as an alternate pathway to engineering licensure in California. Additionally, the NCEES and the ECUK finalized the MRA on March 28, 2024. This bill makes amendments to enable applicants under the MRA to qualify for licensure in California. Specifically, this bill: a) strikes references in BPC §§ 6755 and 6755.1 to the “second division examination” that is utilized to test an applicant’s applied knowledge and experience in the practice of engineering; b) amends section 6755 to clarify the Board has authority to, by rule, waive any part of the second division examination when approving an applicant who is otherwise eminently qualified for licensure in the state; and c) amends section 6755.1 clarify that, as part of the second division examination, the Board may administer questions as separate parts. Together, these clarifying amendments will allow the Board to waive certain parts of the second division examination as necessary to license UK Engineers in the state pursuant to the MRA.
Unlicensed Activity. In 2019, the Board reported a spike in unlicensed activity, largely stemming from the advancement and democratization of technologies, for example, Global Positioning System (GPS) and Ground Penetrating Radar (GPR) used to render land surveying and geophysical services. At the time, the Board reported that the concern was not so much that these tools were being utilized by laypersons, but that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitute the practice of land surveying and geophysics in California. In its 2023-24 Sunset Review Report, the Board stated that it is currently seeking ways to enhance the effectiveness of its Enforcement Unit in addressing complaints related to unlicensed practice. While administrative citations are useful for public disclosure, they are often not effective in motivating violators to actually cease the activity. To address unlicensed activity, this bill expands existing prohibitions regarding impersonating a licensed engineer, land surveyor or geologist to also include false use of the title, name, or certificate number of a certified engineer-in-training, land surveyor-in-training, and geologist-in-training. This bill also requires disclosure of liability insurance in written contracts.
Monument Maintenance by Land Surveyors. As part of their duties of establishing and maintaining accurate property boundaries and corner records, land surveyors will. Typical monuments are metal disks placed into the ground or otherwise permanently affixed to the land along the property boundary. Survey monuments must include the certificate number of the surveyor, engineer, or public agency that set it.
Current law requires land surveyors to restore or rehabilitate a degraded monument (or property markers), which are placed to define the location of private or public property lines, as they come across them in the field, but only in the instance that they are performing a survey for purposes of establishing or verifying a corner record in a county. According to the sponsors, this limits the ability for land surveyors to repair monuments they come across during other types of surveys, and can lead to difficulty and increased costs to accurately survey areas over time if monuments that are in disrepair continue to degrade, which are passed to the homeowner in many cases. A bill addressing this issue, AB 3176 (Hoover of 2024) was introduced to require land surveyors to replace monuments when they are found to be in a degraded state. However, because BPELSG was undergoing sunset review, the langue of AB 3176 was added to the BPELSG sunset bill.
Technical Cleanup. The Board identified several sections within the BPC that should be amended to provide clarity or address technical issues. This bill reconciles an inconsistency in board member term expiration dates by removing the Board from BPC § 130, which sets expiration dates at June 1, leaving the board member expiration dates at June 30, as set by BPC § 6712. This bill also amends §§ 6763.5 and 8748.5 to change references of the “application fee” to “examination fee.” These amendments are in reference to refunds issued by the Board and reflect the BPELSG fees, which were restructured in 2016 to separate the application fee into separate application and examination fees. This bill clarifies existing requirements that professional engineer and land surveyor license applicants submit the applicant’s organization record to demonstrate compliance with business organization requirements. Finally, this bill adds double-jointing language to prevent a chaptering out conflict with AB 1862 (Chen of 2024) as both bills amend Business and Professions Code §§ 6738 and 8729.
Sunset Extension. The practices of engineering, land surveying, geology, and geophysics have significant health, safety, legal, and financial consequences for Californians. In fact, regulation of engineering and geology began in response to catastrophic events ruinous to human life and property. Uniform enforcement of land surveying laws became paramount following years of local jurisdictions interpreting the laws differently and legal disputes costing both the state and public millions of dollars. The Board’s licensing and enforcement responsibilities are no less important today as the state endures regular extreme weather events and continues to invest significant resources in its infrastructure. This bill extends the BPELSG’s oversight of professional engineers, land surveyors, geologists, and geophysicists by four years, to January 1, 2029.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Committee on Appropriations, this bill requires, “Ongoing special fund costs of approximately $12 million to $14 million annually (Professional Engineer's, Land Surveyor's, and Geologist’s Fund) for the continued operation of the Board.”
SUPPORT: (Verified 8/21/24)
American Council of Engineering Companies
American Council of Engineering Companies, California
Board for Professional Engineers, Land Surveyors and Geologists
California & Nevada Civil Engineers and Land Surveyors Association, INC.
Professional Engineers in California Government
OPPOSITION: (Verified 8/21/24)
None received
ARGUMENTS IN SUPPORT: The Board for Professional Engineers, Land Surveyors and Geologists writes, “The new amendments during the Board’s Sunset Review will benefit the public by ensuring that survey monuments physically existing will continue to be rehabilitated and preserved for use by property owners and licensed land surveyors. Additionally, the amendments related to the requirement for licensees to provide documentary evidence to support compliant business structure when offering and providing services to the public along with disclosure of professional liability insurance extends the protection of the public’s interests. Because of these revisions, the Board voted to take a position of Support on this version of the bill.”
The American Council of Engineering Companies, California and the California and Nevada Civil Engineers and Land Surveying Association, Inc. write in a joint letter that they are, “proud to SUPPORT AB 3253, which would reauthorize the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) and make any related statutory changes. Land surveying has a long and proud history in the United States and the State of California. The work performed by land surveyors includes the setting of legal property boundaries and locating with high precision the geospatial location of fixed works in the context of construction and engineering design and is therefore critical to the integrity of engineering design and the construction or modification of any building or infrastructure in the state.”
Professional Engineers in California Government (PECG) writes, “PECG is happy to support AB 3253. Engineers, surveyors, and related professionals provide vital services to consumers and public agencies. PECG agrees it is important to extend the board so they can continue to protect the public.”
ASSEMBLY FLOOR: 71-0, 5/22/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Joe Patterson, Luz Rivas
Prepared by: Yeaphana La Marr / B., P. & E.D. /
8/23/24 21:36:40
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3253 |
THIRD READING
Bill No: AB 3253
Author: Berman (D), et al.
Amended: 6/25/24 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 13-0, 7/1/24
AYES: Ashby, Nguyen, Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Niello, Roth, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/22/24 - See last page for vote
SUBJECT: Board for Professional Engineers, Land Surveyors, and Geologists: licensees: professional land surveyors: surveying practices: monuments and corner accessories
SOURCE: Author
DIGEST:
This bill extends the sunset date of the Board for Professional Engineers, Land Surveyors and Geologists (BPELSG or Board) to January 1, 2029, and makes additional statutory improvements and policy reforms in response to issues raised during the board's sunset review.
ANALYSIS:
Existing law
- Provides for the regulation of professional engineering in California under the Professional Engineers Act, and prohibits the practice of unlicensed engineering. (Business and Professions Code (BPC) § 6700 et seq.)
- Provides for the regulation of professional geologists and geophysicists in California under the Geologist and Geophysicist Act, and prohibits the practice of unlicensed geology or geophysics. (BPC § 7800 et seq.)
- Provides for the regulation of licensed land surveyors in California under the Professional Land Surveyors’ Act, and prohibits the practice of unlicensed land surveying. (BPC § 8700 et seq.)
- Establishes the Board of Professional Engineers, Land Surveyors and Geologists under the Department of Consumer Affairs (DCA) to license and regulate engineers, land surveyors and geologists and administer the provisions under their respective practice acts until January 1, 2025. (BPC §§ 6710, 8710 et seq.)
- Establishes that, notwithstanding any other law, the terms of office for specified boards and committees under the DCA, including the BPELSG, shall be four years expiring on June 1. (BPC § 130)
- Requires board members to be at least 30 years of age. (BPC § 6711)
- Establishes terms of four years, expiring on June 30 of the fourth year following the year in which the previous term expired, for each member appointed to the BPELSG. (BPC § 6712(a))
- Requires an applicant for certification as an engineer-in-training to, among other requirements, successfully pass the first division of the examination administered by the BPELSG. (BPC § 6751(a)(2))
- Requires an applicant for certification as a licensed engineer to, among other requirements, successfully pass the second division of the examination administered by the BPELSG. (BPC § 6751(c)(4))
- Mandates that the examination duration and composition be designed to conform as follows:
- The first division of the examination shall test the applicant’s knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; and
- The second division shall test the applicant’s ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
- (BPC § 6755(a))
- Provides that the BPELSG may by rule provide for a waiver of the second division of the examination for persons eminently qualified for licensure by virtue of their standing in the engineering community, their years of experience, and other qualifications as the board deems appropriate. (BPC § 6755(a))
- Specifies, for civil engineers, that the second division of the examination shall include questions to test the applicant’s knowledge of seismic principles and engineering surveying principles, and that such questions shall be administered as a separate part of the examination. (BPC § 6755.1(b))
- Authorizes BPELSG to refund one-half of the amount of the application fee to applicants for licensure as a professional engineer or land surveyor, or certification as an engineer-in-training or land surveyor-in-training, who are found to lack qualifications required for admission to the examination for such licensure or certification. (BPC §§ 6763.5; 8748.5)
- Makes it a misdemeanor to present or attempt to file as one’s own the certificate of licensure of a licensed professional engineer, geologist, geophysicist, or land surveyor (licensee) unless they are the person named on the certificate of licensure; give false evidence of any kind to the board, or to any board member, in obtaining a license; impersonate or use the seal, signature, or license number of a licensee or use a false license number; or use an expired, suspended, surrendered, or revoked license. (BPC § 6787; 6787; 8792)
- Requires, in every case where a corner record is filed, the licensed land surveyor or registered civil engineer to reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future. (BPC § 8773.3)
This bill extends the authority for the BPELSG to license and regulate professions established under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act to January 1, 2029. Additionally, this bill makes several amendments to each of the practice acts to promote effective and efficient administration by the Board and to enhance consumer protection as discussed in the Board’s sunset review paper, the Committee’s background paper, at during the Board’s sunset review hearing. This bill also makes various technical amendments to the Board’s practice acts.
Background
The BPELSG enforces license requirements for the following professions: engineers, electrical engineers, land surveyors, mechanical engineers, professional geologists, and professional geophysicists, ensuring such professionals have the adequate training and competency necessary to perform their duties. The Board has approximately 57,000 active licensees. Additionally, the Board enforces title protection of licensed engineers operating in sub-specialty classifications.
In March 2024, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of ten regulatory entities, including the BPELSG, over two oversight hearings. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees, which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year. Following are issues pertaining to the BPELSG, along with background information concerning the particular issues raised in each entity’s background paper and raised during the BPELSG sunset review hearing on March 11, 2024, which are addressed by this bill.
UK License Reciprocity. After singing the Atlantic Declaration for Twenty-First Century U.S.-U.K. Economic Partnership, the National Council of Examiners for Engineering and Surveying (NCEES) and the Engineering Council in the United Kingdom (ECUK) began developing a Mutual Recognition Agreement (MRA) to reduce barriers for U.S.-based licensed engineers to practice in the UK and vice versa. The Board reports that its goal is to ensure licensing requirements established in and MRA sufficiently protect consumers.
The Board took action at their March 7, 2024, meeting to pursue recognition of the MRA as an alternate pathway to engineering licensure in California. Additionally, the NCEES and the ECUK finalized the MRA on March 28, 2024. This bill makes amendments to enable applicants under the MRA to qualify for licensure in California. Specifically, this bill: 1) strikes references in BPC sections 6755 and 6755.1 to the “second division examination” that is utilized to test an applicant’s applied knowledge and experience in the practice of engineering; 2) amends section 6755 to clarify the Board has authority to, by rule, waive any part of the second division examination when approving an applicant who is otherwise eminently qualified for licensure in the state; and 3) amends section 6755.1 clarify that, as part of the second division examination, the Board may administer questions as separate parts. Together, these clarifying amendments will allow the Board to waive certain parts of the second division examination as necessary to license UK Engineers in the state pursuant to the MRA.
Unlicensed Activity. In 2019, the Board reported a spike in unlicensed activity, largely stemming from the advancement and democratization of technologies, for example, Global Positioning System (GPS) and Ground Penetrating Radar (GPR) used to render land surveying and geophysical services. At the time, the Board reported that the concern was not so much that these tools were being utilized by laypersons, but that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitute the practice of land surveying and geophysics in California. In its 2023-24 Sunset Review Report, the Board stated that it is currently seeking ways to enhance the effectiveness of its Enforcement Unit in addressing complaints related to unlicensed practice. While administrative citations are useful for public disclosure, they are often not effective in motivating violators to actually cease the activity. To address unlicensed activity, this bill expands existing prohibitions regarding impersonating a licensed engineer, land surveyor or geologist to also include false use of the title, name, or certificate number of a certified engineer-in-training, land surveyor-in-training, and geologist-in-training. This bill also requires disclosure of liability insurance in written contracts.
Monument Maintenance by Land Surveyors. As part of their duties of establishing and maintaining accurate property boundaries and corner records, land surveyors will. Typical monuments are metal disks placed into the ground or otherwise permanently affixed to the land along the property boundary. Survey monuments must include the certificate number of the surveyor, engineer, or public agency that set it.
Current law requires land surveyors to restore or rehabilitate a degraded monument (or property markers), which are placed to define the location of private or public property lines, as they come across them in the field, but only in the instance that they are performing a survey for purposes of establishing or verifying a corner record in a county. According to the sponsors, this limits the ability for land surveyors to repair monuments they come across during other types of surveys, and can lead to difficulty and increased costs to accurately survey areas over time if monuments that are in disrepair continue to degrade, which are passed to the homeowner in many cases. A bill addressing this issue, AB 3176 (Hoover, 2024) was introduced to require land surveyors to replace monuments when they are found to be in a degraded state. However, because BPELSG was undergoing sunset review, the langue of AB 3176 was added to the BPELSG sunset bill.
Technical Cleanup. The Board identified several sections within the BPC that should be amended to provide clarity or address technical issues. This bill reconciles an inconsistency in board member term expiration dates by removing the Board from BPC Section 130, which sets expiration dates at June 1, leaving the board member expiration dates at June 30, as set by BPC Section 6712. This bill also amends Subsetions 6763.5 and 8748.5 to change references of the “application fee” to “examination fee.” These amendments are in reference to refunds issued by the Board and reflect the BPELSG fees, which were restructured in 2016 to separate the application fee into separate application and examination fees.
Sunset Extension. The practices of engineering, land surveying, geology, and geophysics have significant health, safety, legal, and financial consequences for Californians. In fact, regulation of engineering and geology began in response to catastrophic events ruinous to human life and property. Uniform enforcement of land surveying laws became paramount following years of local jurisdictions interpreting the laws differently and legal disputes costing both the state and public millions of dollars. The Board’s licensing and enforcement responsibilities are no less important today as the state endures regular extreme weather events and continues to invest significant resources in its infrastructure. This bill extends the BPELSG’s oversight of professional engineers, land surveyors, geologists, and geophysicists by four years, to January 1, 2029.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Committee on Appropriations, this bill requires, “Ongoing special fund costs of approximately $12 million to $14 million annually (Professional Engineer's, Land Surveyor's, and Geologist’s Fund) for the continued operation of the Board.”
SUPPORT: (Verified 8/16/24)
American Council of Engineering Companies
American Council of Engineering Companies, California
Board for Professional Engineers, Land Surveyors and Geologists
California & Nevada Civil Engineers and Land Surveyors Association, INC.
Professional Engineers in California Government
OPPOSITION: (Verified 8/16/24)
None received
ARGUMENTS IN SUPPORT: Board for Professional Engineers, Land Surveyors and Geologists writes, “The new amendments during the Board’s Sunset Review will benefit the public by ensuring that survey monuments physically existing will continue to be rehabilitated and preserved for use by property owners and licensed land surveyors. Additionally, the amendments related to the requirement for licensees to provide documentary evidence to support compliant business structure when offering and providing services to the public along with disclosure of professional liability insurance extends the protection of the public’s interests. Because of these revisions, the Board voted to take a position of Support on this version of the bill.”
The American Council of Engineering Companies, California and the California and Nevada Civil Engineers and Land Surveying Association, Inc. write in a joint letter that they are, “proud to SUPPORT AB 3253, which would reauthorize the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) and make any related statutory changes. Land surveying has a long and proud history in the United States and the State of California. The work performed by land surveyors includes the setting of legal property boundaries and locating with high precision the geospatial location of fixed works in the context of construction and engineering design and is therefore critical to the integrity of engineering design and the construction or modification of any building or infrastructure in the state.”
Professional Engineers in California Government (PECG) writes, “PECG is happy to support AB 3253. Engineers, surveyors, and related professionals provide vital services to consumers and public agencies. PECG agrees it is important to extend the board so they can continue to protect the public.”
ASSEMBLY FLOOR: 71-0, 5/22/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Joe Patterson, Luz Rivas
Prepared by: Yeaphana La Marr / B., P. & E.D. /
8/18/24 17:50:33
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 3253 (Berman) - Board for Professional Engineers, Land Surveyors, and Geologists: licensees: professional land surveyors: surveying practices: monuments and corner accessories
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 3253 is the sunset bill for the Board of Professional Engineers, Land Surveyors, and Geologists and makes changes recommended during the joint sunset review of the Board.
Fiscal Impact:
The 2024-25 Budget provides approximately $13.69 million (Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund) and 47.2 positions to support the continued operation of the Board’s licensing and enforcement activities.
The Board notes the costs associated with the provisions of this bill are anticipated to be minor and absorbable.
Background:
The Board is charged with safeguarding life, health, property, and public welfare by providing for the licensure and regulation of engineers, land surveyors, and geologists operating in the state of California. According to the Board in their 2023-24 Sunset Review Report:
The highways, bridges, dams, waterways, buildings, and electrical and mechanical systems in buildings are all products of engineering. Consequences of poorly designed bridges or buildings include deaths and injuries as well as financial hardship to the property owner ultimately responsible for damages and reconstruction. Land surveyors help to define property boundaries. A miscalculation of property boundaries in a residential or commercial neighborhood could cause a property owner financial loss if the property is sold or improvements were constructed based on reliance upon an incorrect boundary. A structure could be located on another individual’s property, with concomitant major financial losses and inability to convey title. Geologists and geophysicists analyze the rock, soil, and groundwater resources in California and help to determine if active landslides, earthquake faults, or underground water supplies impact orderly and safe development or if they impact the health, safety or welfare of the public.
Proposed Law:
- Extends the authority for the Board to license and regulate professions established under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act, respectively, to January 1, 2029.
- Extends Board authority to appoint an executive officer until January 1, 2029.
- Eliminates conflicting statute related to appointment terms for Board members.
- Removes a requirement that Board members are 30 years of age or older.
- Authorizes each appointing authority to remove a board member from office at any time for continued neglect of duties required by law, incompetence, or unprofessional or dishonorable conduct, so long as they are the authority that initially appointed that member.
- Allows out-of-state civil, electrical, and mechanical engineers (engineers) and land surveyors with a branch office in California to operate as a sole proprietorship, partnership, limited liability partnership, form, or corporation so long as:
- An engineer or land surveyor (as applicable) currently licensed in this state is an owner, partner, or officer in charge of the engineering practice;
- The engineering or land surveyor services are performed by, or under the responsible charge of, a professional engineer in the appropriate branch; and
- Documentation is submitted to verify compliance with the above.
- Requires a written contract between a professional engineer or land surveyor and a client to include disclosure of any current professional liability insurance policy covering the professional engineer or land surveyor in responsible charge of the services.
- Authorizes the Board to waive any part of the second division examination that is required prior to licensure for certain eminently qualified persons.
- Requires the Board, as part of the second division examination, to administer questions to test an applicant’s knowledge of seismic principle and engineering surveying principles as separate parts.
- Authorizes the Board to issue an examination fee refund to specified applicants.
- Expands prohibitions related to unlawfully impersonating a licensed engineer, or unlawfully using an engineer’s name or certificate number, to also apply to such cases involving the use of “engineer-in-training”.
- Removes provisions that establish maximum fines and imprisonment for a misdemeanor related to false use of a geologist or geophysicist license.
- Expands prohibitions related to unlawfully impersonating a licensed geologist or geophysicist, or unlawfully using a geologist’s or geophysicist’s name or certificate number, to also apply to such cases involving the use of “geologist-in-training” or “geophysicist-in-training”.
- Expands prohibitions related to unlawfully impersonating a licensed land surveyor, or unlawfully using a land surveyor’s name or certificate number, to also apply to such cases involving the use of “land surveyor-in-training”.
- Requires land surveyors using a monument as control in any survey finds any monument with a physical condition that is less than permanent and durable, to reconstruct or rehabilitate the monument to a so that the monument shall be left in such physical condition that it remains as permanent a monument as is reasonably possible for future use.
- Expands prohibitions related to unlawfully impersonating a licensed land surveyor or unlawfully using a land surveyor’s name or certificate number, to also apply to such cases involving the use of “land surveyor-in-training”.
- Makes other technical and clarifying changes.
Related Legislation:
SB 1452 (Ashby, 2024) is the California Architects Board and Landscape Architects Technical Committee sunset bill. SB 1452 is pending in the Assembly Appropriations Committee.
SB 1453 (Ashby, 2024) is the Dental Board of California sunset bill. SB 1453 is pending the Assembly Appropriations Committee.
SB 1454 (Ashby, 2024) is the Bureau of Security and Investigative Services sunset bill. SB 1454 is pending in the Assembly Appropriations Committee.
SB 1455 (Ashby, 2024) is the Contractors State License Board sunset bill. SB 1455 is pending in the Assembly Appropriations Committee.
SB 1456 (Ashby, 2024) is the California State Athletic Commission sunset bill. SB 1456 is pending in the Assembly Appropriations Committee.
AB 3251 (Berman, 2024) is the Board of Accountancy sunset bill. AB 3251 is pending in this committee.
AB 3252 (Berman, 2024) is the Court Reporters Board sunset bill. AB 3252 is pending in this committee.
AB 3254 (Berman, 2024) is the Cemetery and Funeral Bureau sunset bill. AB 3254 is pending in this committee.
AB 3255 (Berman, 2024) is the Board of Vocational Nursing and Psychiatric Technicians sunset bill. AB 3255 is pending in the Assembly Appropriations Committee.
-- END --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Angelique Ashby, Chair
2023 - 2024 Regular
Bill No: AB 3253 Hearing Date: July 1, 2024
Author: | Berman | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Board for Professional Engineers, Land Surveyors, and Geologists: licensees: professional land surveyors: surveying practices: monuments and corner accessories
SUMMARY:
Extends the sunset date of the Board for Professional Engineers, Land Surveyors and Geologists (BPELSG or Board) to January 1, 2029, and makes additional statutory improvements and policy reforms in response to issues raised during the board's sunset review.
Existing law:
- Provides for the regulation of professional engineering in California under the Professional Engineers Act, and prohibits the practice of unlicensed engineering. (Business and Professions Code (BPC) § 6700 et seq.)
- Provides for the regulation of professional geologists and geophysicists in California under the Geologist and Geophysicist Act, and prohibits the practice of unlicensed geology or geophysics. (BPC § 7800 et seq.)
- Provides for the regulation of licensed land surveyors in California under the Professional Land Surveyors’ Act, and prohibits the practice of unlicensed land surveying. (BPC § 8700 et seq.)
- Establishes the Board of Professional Engineers, Land Surveyors and Geologists under the Department of Consumer Affairs (DCA) to license and regulate engineers, land surveyors and geologists and administer the provisions under their respective practice acts until January 1, 2025. (BPC §§ 6710, 8710 et seq.)
- Requires BPELSG to appoint an executive officer at a salary to be fixed by the Board and approved by the Director of Finance until January 1, 2025. (BPC § 6713)
- Establishes that, notwithstanding any other law, the terms of office for specified boards and committees under the DCA, including the BPELSG, shall be four years expiring on June 1. (BPC § 130)
- Establishes terms of four years, expiring on June 30 of the fourth year following the year in which the previous term expired, for each member appointed to the BPELSG. (BPC § 6712(a))
- Requires an applicant for certification as an engineer-in-training to, among other requirements, successfully pass the first division of the examination administered by the BPELSG. (BPC § 6751(a)(2))
- Requires an applicant for certification as a licensed engineer to, among other requirements, successfully pass the second division of the examination administered by the BPELSG. (BPC § 6751(c)(4))
- Mandates that the examination duration and composition be designed to conform as follows:
- The first division of the examination shall test the applicant’s knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; and
- The second division shall test the applicant’s ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
(BPC § 6755(a))
- Provides that the BPELSG may by rule provide for a waiver of the second division of the examination for persons eminently qualified for licensure by virtue of their standing in the engineering community, their years of experience, and other qualifications as the board deems appropriate. (BPC § 6755(a))
- Specifies what types of questions shall be included in the second division of the examination for registration as a professional engineer, and methodology by which the BPELSG must administer the examination. (BPC § 6755.1(a))
- For civil engineers, specifies that the second division of the examination shall also include questions to test the applicant’s knowledge of seismic principles and engineering surveying principles, and that such questions shall be administered as a separate part of the examination. (BPC § 6755.1(b))
- Authorizes BPELSG to refund one-half of the amount of the application fee to applicants for licensure as a professional engineer or land surveyor, or certification as an engineer-in-training or land surveyor-in-training, who are found to lack qualifications required for admission to the examination for such licensure or certification. (BPC §§ 6763.5; 8748.5)
- Makes it a misdemeanor to, among other things:
- Present or attempt to file as one’s own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure;
- Give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure as an engineer;
- Impersonate or use the seal, signature, or license number of a licensed professional engineer or uses a false license number; or
- Use an expired, suspended, surrendered, or revoked license.
(BPC § 6787)
- Makes it a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment, to, among other things:
- Present or attempt to file as one’s own the certificate of registration of a geologist or geophysicist unless they are the person named on the certificate;
- Give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration as a geologist or geophysicist;
- Impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number; or
- Use an expired, suspended, surrendered, or revoked license.
(BPC § 6787)
- Makes it a misdemeanor to, among other things:
- Present or attempt to file as one’s own the certificate of licensure of a licensed land surveyor unless they are the person named on the certificate of licensure;
- Give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure as a land surveyor;
- Impersonate or use the seal, signature, or license number of a licensed professional land surveyor or uses a false license number; or
- Use an expired, suspended, surrendered, or revoked license.
(BPC § 8792)
This bill:
- Extends the authority for the BPELSG to license and regulate professions established under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act, respectively, to January 1, 2029.
- Extends Board authority to appoint an executive officer until January 1, 2029.
- Eliminates conflicting statute related to appointment terms for members of the board.
- Removes a requirement that Board members are 30 years of age or older.
- Authorizes each appointing authority to remove a board member from office at any time for continued neglect of duties required by law, incompetence, or unprofessional or dishonorable conduct, so long as they are the authority that initially appointed that member.
- Allows out-of-state civil, electrical, and mechanical engineers (engineers) and land surveyors with a branch office in California to operate as a sole proprietorship, partnership, limited liability partnership, form, or corporation so long as:
- An engineer or land surveyor (as applicable) currently licensed in this state is an owner, partner, or officer in charge of the engineering practice;
- The engineering or land surveyor services are performed by, or under the responsible charge of, a professional engineer in the appropriate branch; and
- Documentation is submitted to verify compliance with a) and b).
- Requires a written contract between a professional engineer or land surveyor and a client to include disclosure of any current professional liability insurance policy covering the professional engineer or land surveyor in responsible charge of the services.
- Authorizes the BPELSG to waive any part of the second division examination that is required prior to licensure for certain eminently qualified persons.
- Requires the BPELSG, as part of the second division examination, to administer questions to test an applicant’s knowledge of seismic principle and engineering surveying principles as separate parts.
- Authorizes the BPELSG to issue an examination fee refund to specified applicants.
- Expands prohibitions related to unlawfully impersonating a licensed engineer, or unlawfully using an engineer’s name or certificate number, to also apply to such cases involving the use of “engineer-in-training”.
- Removes provisions that establish maximum fines and imprisonment for a misdemeanor related to false use of a geologist or geophysicist license.
- Expands prohibitions related to unlawfully impersonating a licensed geologist or geophysicist, or unlawfully using a geologist’s or geophysicist’s name or certificate number, to also apply to such cases involving the use of “geologist-in-training” or “geophysicist-in-training”.
- Expands prohibitions related to unlawfully impersonating a licensed land surveyor, or unlawfully using a land surveyor’s name or certificate number, to also apply to such cases involving the use of “land surveyor-in-training”.
- Requires land surveyors using a monument as control in any survey finds any monument with a physical condition that is less than permanent and durable, to reconstruct or rehabilitate the monument to a so that the monument shall be left in such physical condition that it remains as permanent a monument as is reasonably possible for future use.
- Expands prohibitions related to unlawfully impersonating a licensed land surveyor or unlawfully using a land surveyor’s name or certificate number, to also apply to such cases involving the use of “land surveyor-in-training”.
- Makes other technical and clarifying changes.
FISCAL EFFECT:
This bill is keyed as fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, “Ongoing special fund costs of approximately $12 million to $14 million annually (Professional Engineer's, Land Surveyor's, and Geologist’s Fund) for the continued operation of the Board.”
COMMENTS:
- Purpose. The Author is the sponsor of this bill. This bill is a result of the joint committee sunset review process.
- Oversight Hearings and Sunset Review of Licensing Boards and Programs. In March 2024, the Senate Business, Professions and Economic Development Committee and the Assembly Committee on Business and Professions (Committees) began their comprehensive sunset review oversight of ten regulatory entities including the Bureau. The Committees conducted two oversight hearings. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees, and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
Sunset Review. Each year, the Senate Committee on Business, Professions and Economic Development and the Assembly Committee on Business and Professions hold joint sunset review oversight hearings to review the licensing boards under the DCA. The DCA boards are responsible for protecting consumers and the public and regulating the professions they license. The sunset review process provides an opportunity for the Legislature, DCA, boards, and stakeholders to discuss the performance of the boards and make recommendations for improvements.
Each board subject to review has an enacting statute that has a repeal date, which requires extension before the repeal date. This bill is one of the “sunset” bills that are intended to extend the repeal date of the boards undergoing sunset review, as well as include the recommendations from the sunset review oversight hearings.
This year, there are five sunset extension bills authored by the Assembly Committee on Business and Professions and five sunset extension bills authored by the Chair of the Senate Committee on Business, Professions and Economic Development.
- Background on the Board for Professional Engineers, Land Surveyors and Geologists.
Board for Professional Engineers, Land Surveyors and Geologists. The Board is charged with safeguarding life, health, property, and public welfare by providing for the licensure and regulation of engineers, land surveyors, and geologists operating in the state of California. According to the Board in their 2023-24 Sunset Review Report:
The highways, bridges, dams, waterways, buildings, and electrical and mechanical systems in buildings are all products of engineering. Consequences of poorly designed bridges or buildings include deaths and injuries as well as financial hardship to the property owner ultimately responsible for damages and reconstruction. Land surveyors help to define property boundaries. A miscalculation of property boundaries in a residential or commercial neighborhood could cause a property owner financial loss if the property is sold or improvements were constructed based on reliance upon an incorrect boundary. A structure could be located on another individual’s property, with concomitant major financial losses and inability to convey title. Geologists and geophysicists analyze the rock, soil, and groundwater resources in California and help to determine if active landslides, earthquake faults, or underground water supplies impact orderly and safe development or if they impact the health, safety or welfare of the public.
The BPELSG has a wide and varied scope, enforcing licensing requirements for the following professions: engineers, electrical engineers, land surveyors, mechanical engineers, professional geologists, and professional geophysicists, ensuring such professionals have the adequate training and competency necessary to perform their duties. Additionally, it enforces the title protection of licensed engineers operating in sub-specialty classifications. The Board has operated in its current form since January 1, 2011. Prior to 2011, these distinct licensing professions operated under different and separate regulatory boards. The BPELSG’s mission statement, as stated in their 2023-24 Sunset Review Report, is:
We protect the public's safety and property by promoting standards for competence and integrity through licensing and regulating the Board's professions.
- Review of BPELSG. The BPELSG was reviewed through sunset review oversight in 2015 and 2019. Due to the constraints of the COVID-19 pandemic on legislative business, the legislature extended the BPELSG’s sunset date by one year, to January 1, 2025, to allow for a comprehensive review schedule. Following are select issues pertaining to the BPELSG, along with background information concerning the particular issue. Recommendations noted by Committee staff regarding the particular issue areas that needed to be addressed include the following:
- Sunset Issue # 2: UK License Reciprocity.
Background. The Board reports that as a result of the singing of the Atlantic Declaration for Twenty-First Century U.S.-U.K. Economic Partnership, the National Council of Examiners for Engineering and Surveying (NCEES) and the Engineering Council in the United Kingdom (ECUK) are currently developing a mutual recognition agreement to more easily enable U.S.-based licensed engineers to practice in the UK and vice versa. In February 2024, representatives of the Board traveled to the UK to meet with ECUK and UK governmental officials to more broadly learn more about their licensing requirements and the industry. The Board reports that its goal it to ensure the licensing requirements established in the mutual recognition agreement sufficiently protect consumers. Existing law authorizes the Board to establish relationships with comparable licensing entities in other countries “for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure,” but the Board acknowledges that should they decide to accept the agreement as an alternate pathway to licensure for professional engineers, it is anticipated that legislative authorization and a subsequent rulemaking would be required for the Board to implement the alternate pathways established by the mutual recognition agreement. Subsequently, a Mutual Recognition Agreement (MRA) was finalized between the NCEES and the ECUK on March 28, 2024, and the Board took action at their March 7, 2024, meeting to pursue recognition of the MRA as an alternate pathway to engineering licensure in California.
Recommendation and Proposed Statutory Change. This bill amends statute consistent with recommendations outlined in the BPELSG’s response to the Committee Background Paper. Specifically, the bill strikes certain language in BPC §§ 6755 and 6755.1 in reference to the “second division examination” that is utilized to test an applicant’s applied knowledge and experience in the practice of engineering. The amendment to section 6755 clarifies that the Board has the authority to, by rule, waive any part of the second division examination when approving an applicant who is otherwise eminently qualified for licensure in the state. The amendment to section 6755.1 clarifies that, as part of the second division examination, the Board may administer questions as separate parts. Together, these clarifying amendments will allow the Board to waive certain parts of the second division examination as necessary to license UK Charted Engineers in the state pursuant to the MRA.
- Sunset Issue # 8: Unlicensed Activity.
Background. In 2019, the Board reported a spike in unlicensed activity, largely stemming from the advancement and democratization of technologies, for example, Global Positioning System (GPS) and Ground Penetrating Radar (GPR) used to render land surveying and geophysical services. At the time, the Board reported that the concern was not so much that these tools were being utilized by laypersons, but that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitute the practice of land surveying and geophysics in California. The Board reported that it had conducted outreach at industry events and formed a relationship with the California Facilities Safe Excavation Board. However, the Board continues to receive complaints about unlicensed activity and encounter businesses with no knowledge of the state’s licensing requirements.
In its 2023-24 Sunset Review Report, the Board stated that it is currently seeking ways to enhance the effectiveness of its Enforcement Unit in addressing complaints related to unlicensed practice. While administrative citations are useful for public disclosure, they are often not effective in motivating violators to actually cease the activity. The internet is increasingly used for advertising unlicensed services, further complicating enforcement.
Additionally, the Board noted concerns about unlicensed individuals running engineering and land surveying businesses without licensed professionals in charge. According to the Board:
During the 2022 legislative session, the Board sponsored legislation [(SB 1120, Jones Chapter. 302, Statutes of 2022)] that repealed a subdivision in B&P Code § 6738 and 8729 that was widely misinterpreted as allowing non-engineering and non-land surveying businesses to offer professional engineering or land surveying services as long as the business then contracted with a licensee to be in responsible charge of the work. Although this was not at all what the subdivision stated, the Board determined that the best course of action was to repeal it to prevent any future misunderstandings or misuse of the law. This change became effective January 1, 2023. Currently, there is not a requirement for geological and geophysical companies to file an OR form, although the Geologist and Geophysicist Act does require a professional geologist or geophysicist, as appropriate, to be an owner, partner, or officer of the business and in responsible charge of the professional services offered and performed. The Board has been exploring a means to integrate certain data elements into the BPELSG Connect system that will better enable the tracking of licensees’ association with engineering, land surveying, geology, and geophysics businesses offering services in California.
Moreover, the Board reports that it has met with concerned professional associations to discuss way in which they can collaborate to address unlicensed activity. Recommendations included that the Board hire more enforcement staff; increase civil penalties; require land surveyors to carry professional errors and omissions liability insurance; hold unlicensed land surveyors and the entities that employ them jointly and severally liable for unlicensed practice; and enhanced education and outreach for consumers. Moreover, the CLSA has indicated that licensed land surveyors would be willing to pay slightly higher fees to improve enforcement.
Additionally, industry submitted a letter enumerating several recommendations to combat illegal land surveying. Among those recommendations was to require land surveyors to carry professional errors and omissions liability insurance. This suggestion was eventually worked out to require a written contract between a professional engineer or land surveyor and a client to include disclosure of any current professional liability insurance policy covering the professional engineer or land surveyor in responsible charge of the services.
Recommendation and Proposed Statutory Change. To address unlicensed activity, this bill expands existing prohibitions regarding the impersonation of a licensed engineer, land surveyor or geologist to also include the false use of the title, name, or certificate number of a certified engineer-in-training, land surveyor-in-training, and geologist-in-training. This bill also requires disclosure of liability insurance in written contracts.
- Sunset Issue # 14: Technical Cleanup.
- Sunset Issue # 14: Technical Cleanup.
Background: The Board identified a handful of sections within the BPC that should be amended, including the following:
Board Member Term Expiration Dates. BPC § 130 lists boards whose members’ term of office expire on June 1. However, BPC § 6712 sets the expiration date of the Board member terms as June 30. Consequently, the statutes are in conflict. The appointing authorities (the Governor, the Senate Rules Committee, and the Speaker of the Assembly) are aware that the term expiration date for the members of this Board is June 30 so this would be a non-substantive amendment to eliminate conflict in statute.
Application and Examination Fees. Many years ago, the Board charged applicants one “application fee” at the time of application submittal, which covered application review and the license examination(s). The Board subsequently separated the fees to charge one fee for the application review and another for the examination(s), the latter which is only paid subsequent to application approval. It has recently come to the Board’s attention that BPC §§ 6763.5 and 8748.5 still refer to the “application fee” when they should reference the “examination fee.” These sections address what monies are to be refunded to an applicant who is deemed to lack the qualifications for licensure before they take the examinations and specify the Board may refund “one-half of the amount of [the] application fee.” The one-half reference reflected the theory that half of the fee was used to cover the costs of the application review, and the other half for the examination(s). Since the fees are now separated, the full amount of the examination fee should be refunded if the applicant is subsequently deemed unqualified.
The proposed amendments are non-substantive, clarifying changes to the fees actually paid and the fees to be refunded.
Recommendation and Proposed Statutory Change. This bill addresses both issues above and makes other non-substantive, clarifying changes, such as updating gender-specific terminology with gender neutral references; out-of-state sole proprietorship, partnership, limited liability partnership, form, or corporation requirements; board member age,
- Sunset Issue # 14: Sunset Extension
Background. The practices of engineering, land surveying, geology, and geophysics have significant health, safety, legal, and financial consequences for Californians. In fact, regulation of engineering and geology began in response to catastrophic events ruinous to human life and property. Uniform enforcement of land surveying laws became paramount following years of local jurisdictions interpreting the laws differently and legal disputes costing both the state and public millions of dollars. The Board’s licensing and enforcement responsibilities are no less important today as the state endures regular extreme weather events and continues to invest significant resources in its infrastructure.
Recommendation and Proposed Statutory Change. This bill extends the BPELSG’s oversight of professional engineers, land surveyors, geologists, and geophysicists by four years, to January 1, 2029.
- Issue Not Included in Sunset: Land Surveying Monuments.
Background: As part of their duties of establishing and maintaining accurate property boundaries and corner records, land surveyors will mark or place “monuments” — also sometimes called “property markers” — to define the location of private or public property lines. Typical monuments are metal disks placed into the ground or otherwise permanently affixed to the land along the property boundary. Survey monuments must include the certificate number of the surveyor, engineer, or public agency that set it. Monuments often include relevant information, including the name of the surveyor or agency and the date the monument was placed, though this is not required by law.
Under current law, a land surveyor is required to restore or rehabilitate a degraded monument they come across on the field, but only in the instance that they are performing a survey for purposes of establishing or verifying a corner record in a county. According to the sponsors, this limits the ability for land surveyors to repair monuments they come across during other types of surveys, and can lead to difficulty and increased costs to accurately survey areas over time if monuments that are in disrepair continue to degrade, which are passed to the homeowner in many cases. As such, this measure would require that land surveyors restore any monument that is used as part of any survey, not just corner records, to ensure the monuments are in a “permanent” state as to be located for future use.
A bill addressing this issue, AB 3176 (Hoover of 2024) was introduced to require land surveyors to replace monuments and corner accessories. The Board shared concern that “accessories” are often trees, rocks, or other natural formations that do not carry the same permanence or durability as a monument and cannot be replaced if they are damaged, destroyed, or moved. The Board shared their concerns and the bill was amended to remove corner accessories from the bill.
Amendments, Support, and Opposition. AB 3176 as amended on April 17, 2024, has registered support from BPELSG and the California Land Surveyors Association and no registered opposition. The sponsor, the California Land Surveyors Association, wrote in support and notes, “AB 3176 is a straightforward bill addressing monuments and, with the proposed amendments, we believe we have addressed the concerns raised by the Board for Professional Engineers, Land Surveyors, and Geologists.”
BPELSG wrote in support of AB 3176, “The Board generally agrees with this policy issue and appreciates the recent revisions to the original proposed language as presented during the Assembly Business and Professions Committee hearing. Because of these revisions, the Board voted to take a position of Support on this version of the bill.”
AB 3176 Current Status. This bill is currently with the Senate Committee on Business, Professions and Economic Development and to date, has not received any “no” votes throughout the legislative process. If heard separately from the BPELSG sunset bill, AB 3176 would not have created concerns in committee. Consequently, and with Assembly Member Hoover’s permission, the requirements of AB 3176 are recommended to be added to the BPELSG sunset bill.
Recommendation and Proposed Statutory Change: Absorb AB 3176 as amended on April 17, 2024, into the BPELSG sunset bill. This action will allow the sunset bill to provide the Board, its licensees, stakeholders, and consumers with one comprehensive measure that impacts the Board during its year of sunset review. Having one all-encompassing bill will promote a greater understanding of new requirements, responsibilities, and authority by Board staff and licensees, leading to a more straightforward implementation and greater level of compliance.
- Arguments in Support. The Board for Professional Engineers, Land Surveyors and Geologists writes, “The new amendments during the Board’s Sunset Review will benefit the public by ensuring that survey monuments physically existing will continue to be rehabilitated and preserved for use by property owners and licensed land surveyors. Additionally, the amendments related to the requirement for licensees to provide documentary evidence to support compliant business structure when offering and providing services to the public along with disclosure of professional liability insurance extends the protection of the public’s interests. Because of these revisions, the Board voted to take a position of Support on this version of the bill.”
The American Council of Engineering Companies, California and the California and Nevada Civil Engineers and Land Surveying Association, Inc. write in a joint letter, “Land surveying has a long and proud history in the United States and the State of California. The work performed by land surveyors includes the setting of legal property boundaries and locating with high precision the geospatial location of fixed works in the context of construction and engineering design and is therefore critical to the integrity of engineering design and the construction or modification of any building or infrastructure in the state.”
Professional Engineers in California Government (PECG) writes in support, “PECG is happy to support AB 3253. Engineers, surveyors, and related professionals provide vital services to consumers and public agencies. PECG agrees it is important to extend the board so they can continue to protect the public.”
SUPPORT AND OPPOSITION:
Support:
American Council of Engineering Companies
American Council of Engineering Companies, California
Board for Professional Engineers, Land Surveyors and Geologists
California & Nevada Civil Engineers and Land Surveyors Association, INC.
Professional Engineers in California Government (PECG)
Opposition:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 3253
Author:(Committee on Business and Professions)
As Amended Ver:April 18, 2024
Majority vote
SUMMARY
This bill is the sunset review vehicle for the Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG), which among other things, extends the BPELSG's authority to license and regulate the professions of engineering, land surveying, and geology until January 1, 2029, expands the BPELSG's authority to enforce against certain unlicensed activities, and makes various other technical changes.
Major Provisions
- Extends the authority for the BPELSG to license and regulate professions established under the Professional Engineers Act, the Professional Land Surveyors' Act, and the Geologist and Geophysicist Act, respectively, to January 1, 2029.
- Expands prohibitions related to unlawfully impersonating a licensed engineer, land surveyor, geologist, or geophysicist, or unlawfully using such a licensee's name or certificate number, to also apply to such cases involving the use of licensee "in-training" titles.
- Authorizes the BPELSG to issue an examination fee refund to specified applicants.
- Makes other various technical changes resulting from the BPELSG's sunset review.
COMMENTS
As part of the BPELSG's sunset review, a number of issues and priorities were raised by the board's staff, stakeholders, and legislative committees. These issues were first outlined in the BPELSG's "2023-24 Sunset Review Report" submitted to the Legislature on January 4, 2024. Subsequently, as part of the Joint Sunset hearings conducted by the Assembly Committee on Business and Professions and the Senate Business, Professions and Economic Development Committee, committees issued "background papers" highlighting recommendations to the BPELSG regarding issues raised in their report. The background paper is available on the Committee's website: https://abp.assembly.ca.gov/jointsunsethearings. On April 11, the BPELSG responded to these recommendations and presented committee staff with potential reforms and statutory language to address various issues. This bill addresses certain issues discussed in these reports and responses.
While all of the issues identified in the background paper remain available for discussion, the following are currently being addressed the current language of this bill or are otherwise under active deliberation:
- Issue #2 – UK License Reciprocity. The Board reports that as a result of the singing of the Atlantic Declaration for Twenty-First Century U.S.-U.K. Economic Partnership[1], the NCEES and the Engineering Council in the United Kingdom (ECUK) are currently developing a mutual recognition agreement to more easily enable U.S.- based licensed engineers to practice in the UK and vice versa. In February 2024, representatives of the Board traveled to the UK to meet with ECUK and UK governmental officials to learn more about their licensing requirements and the industry more broadly. The Board reports that at this time its goal it to ensure that the licensing requirements established in the mutual recognition agreement sufficiently protect consumers. Existing law authorizes the Board to establish relationships with comparable licensing entities in other countries "for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure," but the Board acknowledges that should they decide to accept the agreement as an alternate pathway to licensure for professional engineers, it is anticipated that legislative authorization and a subsequent rulemaking would be required for the Board to implement the alternate pathways established by the mutual recognition agreement.
Sunset Recommendation: This bill amends statute consistent with recommendations outlined in the BPELSG's response. Specifically, the bill strikes certain language in BPC sections 6755 and 6755.1 in reference to the "second division examination" that is utilized to test an applicant's applied knowledge and experience in the practice of engineering. The amendment to section 6755 clarifies that the Board has the authority to, by rule, waive any part of the second division examination when approving an applicant who is otherwise eminently qualified for licensure in the state. The amendment to section 6755.1 clarifies that, as part of the second division examination, the Board may administer questions as separate parts. Together, these clarifying amendments will allow the Board to waive certain parts of the second division examination as necessary to license UK Charted Engineers in the state pursuant to the MRA.
- Issue #8 – Unlicensed Activity. In 2019, the Board reported that it had witnessed a spike in unlicensed activity, largely stemming from the advancement and democratization of technologies (I.e. Global Positioning System (GPS) and Ground Penetrating Radar (GPR) used to render land surveying and geophysical services. At the time, the Board reported that the concern was not so much that these tools were being utilized by laypersons, but that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitute the practice of land surveying and geophysics in California. The Board reported that it had conducted outreach at industry events and formed a relationship with the California Facilities Safe Excavation Board. However, the Board continues to receive complaints about unlicensed activity and encounter businesses with no knowledge of the state's licensing requirements.
In its 2023-24 Sunset Review Report, the Board stated that it is currently seeking ways to enhance the effectiveness of its Enforcement Unit in addressing complaints related to unlicensed practice. While administrative citations are useful for public disclosure, they are often not effective in motivating violators to actually cease activity. The internet is increasingly used for advertising these unlicensed services, complicating enforcement. While the Board has authority, through administrative citation, to order individuals advertising in phone directories to disconnect telephone services regulated by the Public Utilities Commission (PUC), many unlicensed individuals operate through mobile telephone services, which are not regulated by the PUC. The Board states they are exploring new strategies, such as collaborating with online platforms to educate users about licensure requirements and remove illegal listings.
Sunset Recommendation: Based on the BPELSG’s response, this bill expands existing prohibitions regarding the impersonation of a licensed engineer, land surveyor or geologist to also include the false use of the title, name, or certificate number of a certified EIT, LSIT or GIT. As this bill progresses and Board working groups explore potential fee adjustments or further regulations around unlicensed activity, the BPELSG should continue to contemplate further statutory revisions to strengthen their enforcement authority that can be addressed by the Legislature during sunset review.
- Issue #10 – Technical Cleanup. According to the Board, legislation enacted since the Board's prior sunset review has made various technical changes, thus limiting the amount of technical clean-up needed at present. Nonetheless, the Board has identified a handful of sections within the Business and Professions Code that should be amended.
Sunset Recommendation: This bill makes technical changes to statute consistent with the recommendations outlined by the BPELSG in their response to the March background paper, including statutory cleanup related to board term lengths and exam fee reimbursement.
According to the Author
This bill is the sunset review vehicle for the Board of Professional Engineers, Land Surveyors, and Geologists, authored by the Assembly Business and Professions Committee. The bill extends the sunset date for the Board and enacts technical changes, statutory improvements, and policy reforms in response to issues raised during the Board's sunset review oversight process.
Arguments in Support
In a joint support letter by the American Council of Engineering Companies, California and the California and Nevada Civil Engineers and Land Surveying Association, Inc., these organizations write: "Land surveying has a long and proud history in the United States and the State of California. The work performed by land surveyors includes the setting of legal property boundaries and locating with high precision the geospatial location of fixed works in the context of construction and engineering design and is therefore critical to the integrity of engineering design and the construction or modification of any building or infrastructure in the state."
Arguments in Opposition
None on file
FISCAL COMMENTS
- Ongoing special fund costs of approximately $12 million to $14 million annually (Professional Engineer's, Land Surveyor's, and Geologist's Fund) for the continued operation of the Board. Operations of the Board are self-funded with license fee revenues. The Board is currently operating at a deficit. Total revenue has generally trended downward since the Board's last sunset review. Concurrently, the Board's expenditures have increased. The Board reports it has begun an internal fee study that is expected to be completed by fall 2024. If needed, most of the Board's fees could be raised via regulation, but those changes likely would not be implemented until January 2026.
- As of March 2024, the reserve fund of the Board is projected to be sufficient to cover just under one month of expenditures. The Board conservatively estimates its reserve fund will increase to approximately two months of coverage at the end of FY 2023-24 due to an expected $1 million to $1.5 million reversion combined with reduced informational technology (IT) costs and an anticipated heavy renewal year. Nevertheless, as mentioned above, the Board reports it has begun an internal fee study and, if needed, could raise fees via regulation, within its statutory cap.
VOTES
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Aguiar-Curry, Irwin, Jackson, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur
ABS, ABST OR NV: Low
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
UPDATED
VERSION: April 18, 2024
CONSULTANT: Edward Franco / B. & P. / (916) 319-3301 FN: 0003018
The Atlantic Declaration: A Framework for a Twenty-First Century U.S.-UK Economic Partnership ↑
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 3253
Author:(Committee on Business and Professions) – As Amended Ver:April 18, 2024
Policy Committee: | Business and Professions | Vote: | 17 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill extends the sunset date on the Board for Professional Engineers, Land Surveyors, and Geologists (Board), within the Department of Consumer Affaris (DCA), by four years until January 1, 2029, and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the Board’s sunset review oversight process.
Specifically, this bill:
- Extends the authority for the Board to license and regulate professions established under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act, respectively, to January 1, 2029.
- Authorizes each appointing authority to remove a board member from office at any time for continued neglect of duties required by law, incompetence, or unprofessional or dishonorable conduct, so long as they are the authority that initially appointed that member.
- Authorizes the Board to waive any part of the second division examination required prior to licensure for certain eminently qualified persons.
- Expands prohibitions related to unlawfully impersonating a licensed engineer, a licensed geologist or geophysicist, or a licensed land surveyor, or unlawfully using a licensee’s name or certificate number, to also apply to cases involving the use of “engineer-in-training,” “geologist-in-training,” “geophysicist-in-training,” or “land surveyor-in-training”.
- Makes other technical and clarifying updates to the practice acts as identified in the sunset review process.
FISCAL EFFECT:
- Ongoing special fund costs of approximately $12 million to $14 million annually (Professional Engineer's, Land Surveyor's, and Geologist’s Fund) for the continued operation of the Board. Operations of the Board are self-funded with license fee revenues. The Board is currently operating at a deficit. Total revenue has generally trended downward since the Board’s last sunset review. Concurrently, the Board’s expenditures have increased. The Board reports it has begun an internal fee study that is expected to be completed by fall 2024. If needed, most of the Board’s fees could be raised via regulation, but those changes likely would not be implemented until January 2026.
- As of March 2024, the reserve fund of the Board is projected to be sufficient to cover just under one month of expenditures. The Board conservatively estimates its reserve fund will increase to approximately two months of coverage at the end of FY 2023-24 due to an expected $1 million to $1.5 million reversion combined with reduced informational technology (IT) costs and an anticipated heavy renewal year. Nevertheless, as mentioned above, the Board reports it has begun an internal fee study and, if needed, could raise fees via regulation, within its statutory cap.
COMMENTS:
- Purpose. This bill is authored by the Assembly Committee on Business and Professions as part of its review of the authorities and activities of the boards and bureaus under DCA. Existing law sunsets the operation of the Board on January 1, 2025. The issues raised concerning the Board in the Assembly Committee on Business and Professions' staff background paper and during its sunset review hearing in March of this year are addressed in this bill. Any remaining issues will to be addressed as the bill moves forward.
- Background. The Board for Professional Engineers, Land Surveyors, and Geologists licenses and regulates the practices of professional engineering, land surveying, geology, and geophysics. The Board’s duties include qualifying and licensing individuals, establishing regulations, enforcing laws and regulations, and providing information to consumers In fiscal year 2022-23 the Board licensed and regulated more than 83,350 professional civil, mechanical and electrical engineers, 4,504 structural engineers, 3,892 land surveyors, 4,984 geologists and geophysicists, and over 7,000 others. The license application fee is $175 and the license renewal fee is $180.
- Related Legislation. This bill is one of several sunset review bills authored by the chairs of the Senate and Assembly business and professions committees to review and extend the operation of licensing boards and bureaus within DCA. Specifically, AB 3251 – Board of Accountancy, AB 3252 – Court Reporters Board of California, AB 3254 – Cemetery and Funeral Bureau, and AB 3255 – the Board of Vocational Nursing and Psychiatric Technicians of the State of California, are pending in this committee.
- Prior Legislation. AB 1520 (Low), Chapter 463, Statutes of 2019, extended the sunset date for the CRB and made additional reforms identified through the sunset review process.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 23, 2024
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Marc Berman, Chair
ABPCA Bill Id:AB 3253
Author:Committee on Business and Professions – As Amended Ver:April 18, 2024
SUBJECT: Board for Professional Engineers, Land Surveyors, and Geologists: licensees.
SUMMARY: This bill is the sunset review vehicle for the Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG), which among other things, extends the BPELSG’s authority to license and regulate the professions of engineering, land surveying, and geology until January 1, 2029, expands the BPELSG’s authority to enforce against certain unlicensed activities, and makes various technical changes.
EXISTING LAW:
- Provides for the regulation of professional engineering in California under the Professional Engineers Act, and prohibits the practice of unlicensed engineering. (Business and Professions Code (BPC) § 6700 et seq.)
- Provides for the regulation of professional geologists and geophysicists in California under the Geologist and Geophysicist Act, and prohibits the practice of unlicensed geology or geophysics. (BPC § 7800 et seq.)
- Provides for the regulation of licensed land surveyors in California under the Professional Land Surveyors’ Act, and prohibits the practice of unlicensed land surveying. (BPC § 8700 et seq.)
- Establishes the Board of Professional Engineers, Land Surveyors and Geologists under the Department of Consumer Affairs (DCA) to license and regulate engineers, land surveyors and geologists and administer the provisions under their respective practice acts until January 1, 2025. (BPC §§ 6710, 8710 et seq.)
- Requires the BPELSG to appoint an executive officer at a salary to be fixed by the Board and approved by the Director of Finance, until January 1, 2025. (BPC § 6713)
- Establishes that, notwithstanding any other law, the terms of office for specified boards and committees under the DCA, including the BPELSG, shall be four years expiring on June 1. (BPC § 130)
- Establishes terms of four years, expiring on June 30 of the fourth year following the year in which the previous term expired, for each member appointed to the BPELSG. (BPC § 6712(a))
- Requires an applicant for certification as an engineer-in-training to, among other requirements, successfully pass the first division of the examination administered by the BPELSG. (BPC § 6751(a)(2))
- Requires an applicant for certification as a licensed engineer to, among other requirements, successfully pass the second division of the examination administered by the BPELSG. (BPC § 6751(c)(4))
- Mandates that the examination duration and composition be designed to conform as follows:
- The first division of the examination shall test the applicant’s knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences, and;
- the second division of the examination shall test the applicant’s ability to apply his or her knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined.
(BPC § 6755(a))
- Provides that the BPELSG may by rule provide for a waiver of the second division of the examination for persons eminently qualified for licensure by virtue of their standing in the engineering community, their years of experience, and other qualifications as the board deems appropriate. (BPC § 6755(a))
- Specifies what types of questions shall be included in the second division of the examination for registration as a professional engineer, and methodology by which the BPELSG must administer the examination. (BPC § 6755.1(a))
- For civil engineers, specifies that the second division of the examination shall also include questions to test the applicant’s knowledge of seismic principles and engineering surveying principles, and that such questions shall be administered as a separate part of the examination. (BPC § 6755.1(b))
- Authorizes BPELSG to refund one-half of the amount of the application fee to applicants for licensure as a professional engineer or land surveyor, or certification as an engineer-in-training or land surveyor-in-training, who are found to lack qualifications required for admission to the examination for such licensure or certification. (BPC §§ 6763.5; 8748.5)
- Makes it a misdemeanor to, among other things:
- Present or attempt to file as one’s own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure;
- Give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure as an engineer;
- Impersonate or use the seal, signature, or license number of a licensed professional engineer or uses a false license number; or
- Use an expired, suspended, surrendered, or revoked license.
(BPC § 6787)
- Makes it a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment, to, among other things:
- Present or attempt to file as one’s own the certificate of registration of a geologist or geophysicist unless they are the person named on the certificate;
- Give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration as a geologist or geophysicist;
- Impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number; or
- Use an expired, suspended, surrendered, or revoked license.
(BPC § 6787)
- Makes it a misdemeanor to, among other things:
- Present or attempt to file as one’s own the certificate of licensure of a licensed land surveyor unless they are the person named on the certificate of licensure;
- Give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure as a land surveyor;
- Impersonate or use the seal, signature, or license number of a licensed professional land surveyor or uses a false license number; or
- Use an expired, suspended, surrendered, or revoked license.
(BPC § 8792)
THIS BILL:
- Extends the authority for the BPELSG to license and regulate professions established under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act, respectively, to January 1, 2029.
- Extends the power for the BPELSG to appoint an executive officer until January 1, 2029.
- Eliminates conflicting statute related to appointment terms for members of the board.
- Authorizes each appointing authority to remove a board member from office at any time for continued neglect of duties required by law, incompetence, or unprofessional or dishonorable conduct, so long as they are the authority that initially appointed that member.
- Authorizes the BPELSG to waive any part of the second division examination that is required prior to licensure for certain eminently qualified persons.
- Requires the BPELSG, as part of the second division examination, to administer questions to test an applicant’s knowledge of seismic principle and engineering surveying principles as separate parts.
- Authorizes the BPELSG to issue an examination fee refund to specified applicants.
- Expands prohibitions related to unlawfully impersonating a licensed engineer, or unlawfully using an engineer’s name or certificate number, to also apply to such cases involving the use of “engineer-in-training”.
- Removes provisions that establish maximum fines and imprisonment for a misdemeanor related to false use of a geologist or geophysicist license.
- Expands prohibitions related to unlawfully impersonating a licensed geologist or geophysicist, or unlawfully using a geologist’s or geophysicist’s name or certificate number, to also apply to such cases involving the use of “geologist-in-training” or “geophysicist-in-training”.
- Expands prohibitions related to unlawfully impersonating a licensed land surveyor, or unlawfully using a land surveyor’s name or certificate number, to also apply to such cases involving the use of “land surveyor-in-training”.
FISCAL EFFECT: Unknown; this bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is the sunset review vehicle for the Board of Professional Engineers, Land Surveyors, and Geologists, authored by the Assembly Business and Professions Committee. The bill extends the sunset date for the Board and enacts technical changes, statutory improvements, and policy reforms in response to issues raised during the Board’s sunset review oversight process.
Background.
Sunset Review. Each year, the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions and Economic Development hold joint sunset review oversight hearings to review the licensing boards under the Department of Consumer Affairs (DCA). The DCA boards are responsible for protecting consumers and the public and regulating the professionals they license. The sunset review process provides an opportunity for the Legislature, DCA, boards, and stakeholders to discuss the performance of the boards and make recommendations for improvements.
Each board subject to review has an enacting statute that has a repeal date, which means each board requires an extension before the repeal date. This bill is one of the “sunset” bills that are intended to extend the repeal date of the boards undergoing sunset review, as well as include the recommendations from the sunset review oversight hearings.
This year, there are five sunset review bills authored by the Assembly Committee on Business and Professions and five sunset review bills authored by the Chair of the Senate Business, Professions and Economic Development Committee.
The Board of Professional Engineers, Land Surveyors and Geologists. The Board of Professional Engineers, Land Surveyors, and Geologists is charged with safeguarding life, health, property, and public welfare by providing for the licensure and regulation of engineers, land surveyors, and geologists operating in the state of California. According to the Board in their 2023-24 Sunset Review Report:
The highways, bridges, dams, waterways, buildings, and electrical and mechanical systems in buildings are all products of engineering. Consequences of poorly designed bridges or buildings include deaths and injuries as well as financial hardship to the property owner ultimately responsible for damages and reconstruction. Land surveyors help to define property boundaries. A miscalculation of property boundaries in a residential or commercial neighborhood could cause a property owner financial loss if the property is sold or improvements were constructed based on reliance upon an incorrect boundary. A structure could be located on another individual’s property, with concomitant major financial losses and inability to convey title. Geologists and geophysicists analyze the rock, soil, and groundwater resources in California and help to determine if active landslides, earthquake faults, or underground water supplies impact orderly and safe development or if they impact the health, safety or welfare of the public.
The BPELSG has a wide and varied scope, enforcing licensing requirements for the following professions: engineers, electrical engineers, land surveyors, mechanical engineers, professional geologists, and professional geophysicists, ensuring such professionals have the adequate training and competency necessary to perform their duties. Additionally, it enforces the title protection of licensed engineers operating in sub-specialty classifications. The Board has operated in its current form since January 1, 2011. Prior to 2011, these distinct licensing professions operated under different and separate regulatory boards. The BPELSG’s mission statement, as stated in their 2023-24 Sunset Review Report, is:
We protect the public's safety and property by promoting standards for competence and integrity through licensing and regulating the Board's professions.
SUNSET ISSUES FOR CONSIDERATION:
As part of the BPELSG’s sunset review, a number of issues and priorities were raised by the board’s staff, stakeholders, and legislative committees. These issues were first outlined in the BPELSG’s “2023-24 Sunset Review Report” submitted to the Legislature on January 4, 2024. Subsequently, as part of the Joint Sunset hearings conducted by the Assembly Committee on Business and Professions and the Senate Business, Professions and Economic Development Committee, committees issued “background papers” highlighting recommendations to the BPELSG regarding issues raised in their report. The background paper is available on the Committee’s website: https://abp.assembly.ca.gov/jointsunsethearings. On April 11, the BPELSG responded to these recommendations and presented committee staff with potential reforms and statutory language to address various issues. This bill addresses certain issues discussed in these reports and responses.
While all of the issues identified in the background paper remain available for discussion, the following are currently being addressed the current language of this bill or are otherwise under active deliberation:
- Issue #2 – UK License Reciprocity. The Board reports that as a result of the singing of the Atlantic Declaration for Twenty-First Century U.S.-U.K. Economic Partnership[1], the NCEES and the Engineering Council in the United Kingdom (ECUK) are currently developing a mutual recognition agreement to more easily enable U.S.- based licensed engineers to practice in the UK and vice versa. In February 2024, representatives of the Board traveled to the UK to meet with ECUK and UK governmental officials to learn more about their licensing requirements and the industry more broadly. The Board reports that at this time its goal it to ensure that the licensing requirements established in the mutual recognition agreement sufficiently protect consumers. Existing law authorizes the Board to establish relationships with comparable licensing entities in other countries “for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure,” but the Board acknowledges that should they decide to accept the agreement as an alternate pathway to licensure for professional engineers, it is anticipated that legislative authorization and a subsequent rulemaking would be required for the Board to implement the alternate pathways established by the mutual recognition agreement.
Staff Recommendation in the Background Paper: The Board should continue to keep the committees comprised of the status of the mutual recognition agreement and established license requirements therein.
Board Response to the Background Paper:
The National Council of Examiners for Engineering and Surveying (NCEES) and the Engineering Council of U.K. (EngC) finalized the Mutual Recognition Agreement (MRA) on March 28, 2024. The Board took action at their March 7, 2024, meeting, agreeing to pursue recognition of the MRA as an alternate pathway to engineering licensure in California for any U.K. Chartered Engineer that has additionally obtained registration under the International Engineering Alliance (IEA) registry. While the MRA recognizes many similarities between California engineer license requirements and those of the EngC, the MRA has identified that Chartered Engineers from U.K. use a form of assessment which differs from the traditional examination form which is common in U.S. jurisdictions. The Board is currently evaluating any revisions to laws and regulations to prepare for applicants seeking to use this pathway in the future and has identified some minor revisions to statutes which will enable to the Board to fully consider all available options during the rulemaking process to implement this pathway. These minor revisions would amend Business and Professions Code sections 6755 and 6755.1 relating to the term “second division examination.” The proposed amendments would clarify that the Board could enact rules to waive any part of the second division examination and what the parts of the “second division examination” for the civil engineer license are. The proposed language is included with the response to Issue 10, along with other proposed legislative changes.
Sunset Recommendation: This bill amends statute consistent with recommendations outlined in the BPELSG’s response. Specifically, the bill strikes certain language in BPC sections 6755 and 6755.1 in reference to the “second division examination” that is utilized to test an applicant’s applied knowledge and experience in the practice of engineering. The amendment to section 6755 clarifies that the Board has the authority to, by rule, waive any part of the second division examination when approving an applicant who is otherwise eminently qualified for licensure in the state. The amendment to section 6755.1 clarifies that, as part of the second division examination, the Board may administer questions as separate parts. Together, these clarifying amendments will allow the Board to waive certain parts of the second division examination as necessary to license UK Charted Engineers in the state pursuant to the MRA.
- Issue #8 – Unlicensed Activity. In 2019, the Board reported that it had witnessed a spike in unlicensed activity, largely stemming from the advancement and democratization of technologies (I.e. Global Positioning System (GPS) and Ground Penetrating Radar (GPR) used to render land surveying and geophysical services. At the time, the Board reported that the concern was not so much that these tools were being utilized by laypersons, but that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitute the practice of land surveying and geophysics in California. The Board reported that it had conducted outreach at industry events and formed a relationship with the California Facilities Safe Excavation Board. However, the Board continues to receive complaints about unlicensed activity and encounter businesses with no knowledge of the state’s licensing requirements.
In its 2023-24 Sunset Review Report, the Board stated that it is currently seeking ways to enhance the effectiveness of its Enforcement Unit in addressing complaints related to unlicensed practice. While administrative citations are useful for public disclosure, they are often not effective in motivating violators to actually cease activity. The internet is increasingly used for advertising these unlicensed services, complicating enforcement. While the Board has authority, through administrative citation, to order individuals advertising in phone directories to disconnect telephone services regulated by the Public Utilities Commission (PUC), many unlicensed individuals operate through mobile telephone services, which are not regulated by the PUC. The Board states they are exploring new strategies, such as collaborating with online platforms to educate users about licensure requirements and remove illegal listings.
Additionally, the Board noted concerns about unlicensed individuals running engineering and land surveying businesses without licensed professionals in charge. According to the Board:
During the 2022 legislative session, the Board sponsored legislation (Ch. 302, Stats.2022) that repealed a subdivision in B&P Code § 6738 and 8729 that was widely misinterpreted as allowing non-engineering and non-land surveying businesses to offer professional engineering or land surveying services as long as the business then contracted with a licensee to be in responsible charge of the work. Although this was not at all what the subdivision stated, the Board determined that the best course of action was to repeal it to prevent any future misunderstandings or misuse of the law. This change became effective January 1, 2023. Currently, there is not a requirement for geological and geophysical companies to file an OR form, although the Geologist and Geophysicist Act does require a professional geologist or geophysicist, as appropriate, to be an owner, partner, or officer of the business and in responsible charge of the professional services offered and performed. The Board has been exploring a means to integrate certain data elements into the BPELSG Connect system that will better enable the tracking of licensees’ association with engineering, land surveying, geology, and geophysics businesses offering services in California.
Moreover, the Board reports that it has met with concerned professional associations to discuss way in which they can collaborate to address unlicensed activity. Earlier this year, the California Land Surveyors Association (CLSA) submitted a letter enumerating several recommendations to combat illegal land surveying. Those recommendations include the Board hiring more enforcement staff; increasing civil penalties; requiring land surveyors to carry professional errors and omissions liability insurance; holding unlicensed land surveyors and the entities that employ them to be held jointly and severally liable for unlicensed practice; and enhanced education and outreach for consumers. Moreover, the CLSA has indicated that licensed land surveyors would be willing to pay slightly higher fees to improve enforcement.
Staff Recommendation in the Background Paper: The Board should consider the merit of CLSA’s recommendations and report to the Committees which, if any, it considers feasible. Moreover, the Board should identify any statutory or budgetary changes needed to enable more effective enforcement against unlicensed activity.
Board Response to the Background Paper: In its response to the March background paper, the Board acknowledged some shared concerns with stakeholders such as CLSA—as well as the American Council of Engineering Companies – California (ACEC-CA) and the California and Nevada Civil Engineers and Land Surveyors Association (CELSA)—and notes that while it is already exploring certain recommendations through working groups, it has reservations about others. These include suggestions to increase staff dedicated to investigating unlicensed activity, raise license renewal fees, and augment administrative fines. The Board questions the feasibility and impact of such measures, citing limitations in statutory authority and concerns about consumer costs and effectiveness. Additionally, the Board addresses recommendations regarding disclosure requirements for professional errors and omissions liability insurance, continuing education mandates, and codification of survey control data release practices, expressing skepticism and citing existing statutes and regulations that address related issues. The BPELSG stated in its response:
In summary… the Board takes the issue of unlicensed activity of all of its regulated professions very seriously. The Board’s Enforcement Unit diligently investigates complaints relating to unlicensed activity and takes appropriate steps to educate individuals on the laws and what activities require a license. The Board’s current laws already provide effective means for enforcement relating to many of the issues raised the letters. With regards to other recommendations, the Board has concerns with the appropriateness of them and the effect and impact they would have on consumers and the Board’s ability to effectively and efficiently investigate complaints. As such, the Board does not believe any statutory changes should be made in response to the recommendations.
Nevertheless, in its response to “Issue 10 – Technical Cleanup” from the March background paper, the BPELSG highlighted a minor statutory revision that will aid in their efforts to combat unlicensed activity. Specifically, the BPELSG noted the increased phenomenon of individuals falsifying Engineer-in-Training (EIT), Geologist-in-Training (GIT), or Land Surveyor-in-Training (LSIT) certificates [collectively, “IT certificates”]. While existing law does grant the BPELSG authority over unlicensed individuals who use the EIT, GIT, or LSIT title, this authority does not extend to instances where unlicensed individuals have created false IT certificates or used false IT certificate numbers. The Board notes this is usually in an effort to mislead consumers regarding their competency, or to obtain employment where the employer seeks someone with an IT certificate or provides a salary increase to individuals with an IT certificate.
Sunset Recommendation: Based on the BPELSG’s response, this bill expands existing prohibitions regarding the impersonation of a licensed engineer, land surveyor or geologist to also include the false use of the title, name, or certificate number of a certified EIT, LSIT or GIT. As this bill progresses and Board working groups explore potential fee adjustments or further regulations around unlicensed activity, the BPELSG should continue to contemplate further statutory revisions to strengthen their enforcement authority that can be addressed by the Legislature during sunset review.
- Issue #10 – Technical Cleanup. According to the Board, legislation enacted since the Board’s prior sunset review has made various technical changes, thus limiting the amount of technical clean-up needed at present. Nonetheless, the Board has identified a handful of sections within the Business and Professions Code that should be amended.
Staff Recommendation in the Background Paper: The Board should continue to advise the Committees of necessary code cleanup.
Board Response to the Background Paper: Outside of recommended amendments further described above, related to license reciprocity with UK-based Chartered Engineers and increased enforcement authority, the BPELSG offered committees two additional recommendations pertaining to statutory cleanup:
Business and Professions Code section 130:
Section 130 needs to be amended to remove the Board from the list of boards whose members’ term of office expired on June 1. In 2006, Business and Professions Code section ISSUE #10: Technical Cleanup. Is there a need for technical cleanup? 18 6712 was amended to change the expiration date of the appointment terms for the Board from June 1 to June 30. However, at that time, Section 130 was overlooked and not included in the legislation. Consequently, the statutes are in conflict. The appointing authorities (the Governor, the Senate Rules Committee, and the Speaker of the Assembly) are aware that the term expiration date for the members of this Board is June 30. This would be a non-substantive amendment to eliminate conflicting statutes.
Business and Professions Code sections 6763.5 and 8748.5:
Many years ago, the Board used to charge applicants one fee, at the time of application submittal, to cover both the application review and the examination(s) necessary for licensure. This fee was collectively referred to as the “application fee.” Subsequently, the Board separated the fees to charge one fee for the application review and another fee for the examination(s), the latter which is only paid subsequent to application approval and only for those license types which required a state examination. At the time, the Board made conforming changes to its statutes to reflect this change. However, it has recently come to the Board’s attention that Sections 6763.5 and 8748.5 were overlooked and still refer to the “application fee” when they should refer to the “examination fee.” These sections address what monies are to be refunded to an applicant who is deemed to lack the qualifications for licensure before they take the examinations. They specify that the Board may refund “one-half of the amount of [the] application fee”; the one-half reference reflected the theory that half of the fee was used to cover the costs of the application review, and the other half for the examination(s). Since the fees are now separated, the entire application fee is used to cover the costs of reviewing the application, and the full amount of the examination fee, if required by application type, should be refunded if the applicant is subsequently deemed unqualified. These amendments are non-substantive, clarifying changes to align with the Board’s current business process and to reflect the fees actually paid and which ones will be refunded
Committee Recommendation: This bill makes technical changes to statute consistent with the recommendations outlined by the BPELSG in their response to the March background paper.
- Issue #11 – Continued Regulation of Licensees by the BPELSG. The practices of engineering, land surveying, geology, and geophysics have significant health, safety, legal, and financial consequences for Californians. Indeed, the regulation of engineering and geology began after catastrophic events ruinous to human life and property. Uniform enforcement of land surveying laws became paramount following years of local jurisdictions interpreting the laws differently and legal disputes costing both the state and public millions of dollars.
The Board’s licensing and enforcement responsibilities are no less important today as the state endures regular extreme weather events and continues to invest significant resources in its infrastructure.
Staff Recommendation in the Background Paper: The Board’s oversight of the Professional Engineers, Land Surveyors, Geologists, and Geophysicists should be continued, with potential reforms, and reviewed again on a future date (to be determined) to ensure that issues identified in this background paper are adequately addressed.
Board Response to the Background Paper: The Board greatly appreciates the Committees’ recognition of its efforts to improve its operations and the continued support for its future endeavors. The Board members and staff look forward to working with the Committees and their staff to accomplish the recommendations outlined in the Background Paper.
Sunset Recommendation: This bill extends the BPELSG’s oversight of professional engineers, land surveyors, geologists, and geophysicists by four years, to January 1, 2029.
Current Related Legislation.
AB 3176 (Hoover) would require licensed land surveyors to restore or rehabilitate any monument that is used as part of a survey to a permanent condition so that it may be referenced and used in the future. This bill passed this committee with a vote of 18-0-0, and is pending on the Assembly Floor.
AB 3251 (Committee on Business and Professions) is the sunset bill for the California Board of Accountancy. This bill is pending in this committee.
AB 3252 (Committee on Business and Professions) is the sunset bill for the Court Reporters Board. This bill is pending in this committee.
AB 3254 (Committee on Business and Professions) is the sunset bill for the Cemetery and Funeral Bureau. This bill is pending in this committee.
AB 3255 (Committee on Business and Professions) is the sunset bill for the Board of Vocational Nursing and Psychiatric Technicians of the State of California. This bill is pending in this committee.
SB 1452 (Ashby) is the sunset bill for the California Architects Board and the Landscape Architects Technical Committee. This bill is pending in the Senate Committee on Judiciary.
SB 1453 (Ashby) is the sunset bill for the Dental Board of California. This bill is pending in the Senate Committee on Business, Professions, and Economic Development.
SB 1454 (Ashby) is the sunset bill for the Bureau of Security and Investigative Services. This bill is pending in the Senate Committee on Judiciary.
SB 1455 (Ashby) is the sunset bill for the Contractors’ State License Board. This bill is pending in the Senate Committee on Business, Professions, and Economic Development.
Prior Related Legislation.
SB 1120 (Jones), Chapter 302, Statutes of 2022, required applicants, licensees, and certificate holders to provide the BPELSG with a valid email address, if available, and notify the BPELSG of any email address changes; clarified that unlicensed individuals cannot offer professional engineering and land surveying services; and updated certain land survey requirements.
AB 1522 (Low), Chapter 630, Statutes of 2019, extended the sunset date for the BPELSG and its authority to appoint an executive officer until January 1, 2024; authorized the BPELSG to take enforcement actions against a geologist-in-training certificate; continued disciplinary authority; and made other technical and clarifying changes.
SB 920 (Cannella), Chapter 150, Statutes of 2018, extended the authorization for licensed engineers, land surveyors, and architects to form limited liability partnerships until January 1, 2026.
ARGUMENTS IN SUPPORT:
In a joint support letter by the American Council of Engineering Companies, California and the California and Nevada Civil Engineers and Land Surveying Association, Inc., these organizations write: “Land surveying has a long and proud history in the United States and the State of California. The work performed by land surveyors includes the setting of legal property boundaries and locating with high precision the geospatial location of fixed works in the context of construction and engineering design and is therefore critical to the integrity of engineering design and the construction or modification of any building or infrastructure in the state.”
REGISTERED SUPPORT:
American Council of Engineering Companies, California
California & Nevada Civil Engineers and Land Surveyors Association, Inc.
REGISTERED OPPOSITION:
None on file
Analysis Prepared by: Edward Franco / B. & P. / (916) 319-3301
Bill Author
Bill Co-Author(s):
