Existing law, the Architects Practice Act, establishes the California Architects Board in the Department of Consumer Affairs until January 1, 2025, for the licensure and regulation of persons engaged in the practice of architecture, and makes specified violations of those provisions a crime. The board is also responsible for the licensure and regulation of landscape architects.

This bill would extend the operation of the California Architects Board until January 1, 2029, and make related conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program. The bill would also make nonsubstantive changes to various provisions of existing law relating to licensees of the board.

Existing law requires, before taking the examination for a license to practice architecture, a person to file their application for examination with the board and pay a specified application fee.

This bill would authorize the board to extend a candidates application or examination process beyond the 5-year period, as specified, if a state of emergency is proclaimed by the Governor. The bill would require any extension granted to be an amount of time sufficient to supplement the time lost due to the state of emergency.

Existing law relating to architecture and landscape architecture requires each licensee to file their current mailing address and the current name and address of the entity through which they provide architectural services with the board and notify the board of any change, as specified.

This bill would require each licensee to also file with the board their current email address. The bill would require the board to post the above-described information obtained from licensees to its internet website, except for email addresses. The bill would also require each applicant for examination or licensure as an architect or a landscape architect who has a valid email address, as defined, to report to the board that email address at the time of application. The bill would require each licensee who has a valid email address to report to the board or verify that email address at the time of renewal. The bill would require each applicant or licensee to notify the board within 30 days of any change to their email address on file with the board. Under the bill, email addresses provided to the board pursuant to the bill would not be considered a public record and the bill would prohibit the public disclosure of those email addresses pursuant to specified law, except as provided. The bill would provide that information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.

Existing law prescribes the time in which an issued or renewed license expires. Existing law requires the board to give written notice by registered mail 90 days in advance of the expiration of the 5th year that a renewal fee has not been paid. Existing law authorizes an architecture or landscape architecture license that has expired to be renewed at any time within 5 years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees, except as otherwise provided. Existing law provides that a license which is not renewed within 5 years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. Existing law applicable to landscape architects authorizes the holder of the expired license to apply for and obtain a new license if no fact, circumstance, or condition exists which, if the license were issued, would justify its revocation or suspension, the holder of the expired license pays the fees required of new applicants, and the holder of the expired license takes and passes the current California Supplemental Examination.

This bill would prescribe the expiration of an issued or renewed license to be 2 years from the last day of the month in which the license was issued or 2 years from the date on which the renewed license last expired. The bill would remove the above-described requirement that the board give written notice by registered mail. The bill would instead authorize the holder of the expired landscape architecture license to apply for and obtain a new license if they pay all of the fees and meet all of the requirements for obtaining the original license.

Existing law imposes various fees on licensees and applicants, which are deposited in the California Architects Board Fund, a continuously appropriated fund. Under existing law, these fees are prohibited from exceeding certain amounts, including, among others, that the fee for any section of the examination administered by the board is prohibited from exceeding $100.

This bill would instead prescribe various amounts of dollars that fees are required to be and would authorize the board to adopt regulations to set the fee at a higher amount, up to a prescribed maximum. The bill would establish a fee for a license certification and would prohibit the fee from exceeding $40. By increasing moneys deposited into a continuously appropriated fund, this bill would make an appropriation.

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

This bill would make legislative findings to that effect.

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, the Architects Practice Act, establishes the California Architects Board in the Department of Consumer Affairs until January 1, 2025, for the licensure and regulation of persons engaged in the practice of architecture, and makes specified violations of those provisions a crime. The board is also responsible for the licensure and regulation of landscape architects.

This bill would extend the operation of the California Architects Board until January 1, 2029, and make related conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program. The bill would also make nonsubstantive changes to various provisions of existing law relating to licensees of the board.

Existing law requires, before taking the examination for a license to practice architecture, a person to file their application for examination with the board and pay a specified application fee.

This bill would authorize the board to extend a candidates application or examination process beyond the 5-year period, as specified, if a state of emergency is proclaimed by the Governor. The bill would require any extension granted to be an amount of time sufficient to supplement the time lost due to the state of emergency.

Existing law relating to architecture and landscape architecture requires each licensee to file their current mailing address and the current name and address of the entity through which they provide architectural services with the board and notify the board of any change, as specified.

This bill would require each licensee to also file with the board their current email address. The bill would require the board to post the above-described information obtained from licensees to its internet website, except for email addresses. The bill would also require each applicant for examination or licensure as an architect or a landscape architect who has a valid email address, as defined, to report to the board that email address at the time of application. The bill would require each licensee who has a valid email address to report to the board or verify that email address at the time of renewal. The bill would require each applicant or licensee to notify the board within 30 days of any change to their email address on file with the board. Under the bill, email addresses provided to the board pursuant to the bill would not be considered a public record and the bill would prohibit the public disclosure of those email addresses pursuant to specified law, except as provided. The bill would provide that information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.

Existing law prescribes the time in which an issued or renewed license expires. Existing law requires the board to give written notice by registered mail 90 days in advance of the expiration of the 5th year that a renewal fee has not been paid. Existing law authorizes an architecture or landscape architecture license that has expired to be renewed at any time within 5 years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees, except as otherwise provided. Existing law provides that a license which is not renewed within 5 years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. Existing law applicable to landscape architects authorizes the holder of the expired license to apply for and obtain a new license if no fact, circumstance, or condition exists which, if the license were issued, would justify its revocation or suspension, the holder of the expired license pays the fees required of new applicants, and the holder of the expired license takes and passes the current California Supplemental Examination.

This bill would prescribe the expiration of an issued or renewed license to be 2 years from the last day of the month in which the license was issued or 2 years from the date on which the renewed license last expired. The bill would remove the above-described requirement that the board give written notice by registered mail. The bill would instead authorize the holder of the expired landscape architecture license to apply for and obtain a new license if they pay all of the fees and meet all of the requirements for obtaining the original license.

Existing law imposes various fees on licensees and applicants, which are deposited in the California Architects Board Fund, a continuously appropriated fund. Under existing law, these fees are prohibited from exceeding certain amounts, including, among others, that the fee for any section of the examination administered by the board is prohibited from exceeding $100.

This bill would instead prescribe various amounts of dollars that fees are required to be and would authorize the board to adopt regulations to set the fee at a higher amount, up to a prescribed maximum. The bill would establish a fee for a license certification and would prohibit the fee from exceeding $40. By increasing moneys deposited into a continuously appropriated fund, this bill would make an appropriation.

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

This bill would make legislative findings to that effect.

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, the Architects Practice Act, establishes the California Architects Board in the Department of Consumer Affairs until January 1, 2025, for the licensure and regulation of persons engaged in the practice of architecture, and makes specified violations of those provisions a crime. The board is also responsible for the licensure and regulation of landscape architects.

This bill would extend the operation of the California Architects Board until January 1, 2029, and make related conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program. The bill would also make nonsubstantive changes to various provisions of existing law relating to licensees of the board.

Existing law relating to architecture and landscape architecture requires each licensee to file their current mailing address and the current name and address of the entity through which they provide architectural services with the board and notify the board of any change, as specified.

This bill would require each licensee to also file with the board their current email address. The bill would require the board to post the above-described information obtained from licensees to its internet website, except for email addresses. The bill would also require each applicant for examination or licensure as an architect or a landscape architect who has a valid email address, as defined, to report to the board that email address at the time of application. The bill would require each licensee who has a valid email address to report to the board or verify that email address at the time of renewal. The bill would require each applicant or licensee to notify the board within 30 days of any change to their email address on file with the board. Under the bill, email addresses provided to the board pursuant to the bill would not be considered a public record and the bill would prohibit the public disclosure of those email addresses pursuant to specified law, except as provided. The bill would provide that information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.

Existing law prescribes the time in which an issued or renewed license expires. Existing law requires the board to give written notice by registered mail 90 days in advance of the expiration of the 5th year that a renewal fee has not been paid. Existing law authorizes an architecture or landscape architecture license that has expired to be renewed at any time within 5 years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees, except as otherwise provided. Existing law provides that a license which is not renewed within 5 years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. Existing law applicable to landscape architects authorizes the holder of the expired license to apply for and obtain a new license if no fact, circumstance, or condition exists which, if the license were issued, would justify its revocation or suspension, the holder of the expired license pays the fees required of new applicants, and the holder of the expired license takes and passes the current California Supplemental Examination.

This bill would prescribe the expiration of an issued or renewed license to be 2 years from the last day of the month in which the license was issued or 2 years from the date on which the renewed license last expired. The bill would remove the above-described requirement that the board give written notice by registered mail. The bill would instead authorize the holder of the expired landscape architecture license to apply for and obtain a new license if they pay all of the fees and meet all of the requirements for obtaining the original license.

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

This bill would make legislative findings to that effect.

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, the Architects Practice Act, establishes the California Architects Board in the Department of Consumer Affairs until January 1, 2025, for the licensure and regulation of persons engaged in the practice of architecture. architecture, and makes specified violations of those provisions a crime. The board is also responsible for the licensure and regulation of landscape architects.

This bill would extend the operation of the California Architects Board until January 1, 2029, and make related conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program. The bill would also make nonsubstantive changes to various provisions of existing law relating to licensees of the board.

Existing law relating to architecture and landscape architecture requires each licensee to file their current mailing address with the board and notify the board of any change, as specified.

This bill would also require each applicant for examination or licensure as an architect or a landscape architect who has a valid email address address, as defined, to report to the board that email address at the time of application. The bill would require each licensee who has a valid email address to report to the board or verify that email address at the time of renewal. The bill would require each applicant or licensee to notify the board within 30 days of any change to their email address on file with the board. Under the bill, email addresses provided to the board pursuant to the bill would not be considered a public record and would not be subject to public disclosure. the bill would prohibit the public disclosure of those email addresses pursuant to specified law, except as provided. The bill would provide that information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.

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

This bill would make legislative findings to that effect.

Existing law, the Architects Practice Act, establishes the California Architects Board in the Department of Consumer Affairs for the licensure and regulation of persons engaged in the practice of architecture. The board is also responsible for the licensure and regulation of landscape architects.

This bill would make nonsubstantive changes to various provisions of existing law relating to licensees of the board.

Existing law relating to landscape architecture requires each licensee to file their current mailing address with the board and notify the board of any change, as specified.

This bill would also require each applicant for examination or licensure as a landscape architect who has a valid email address to report to the board that email address at the time of application. The bill would require each licensee who has a valid email address to report to the board or verify that email address at the time of renewal. Under the bill, email addresses provided to the board pursuant to the bill would not be considered a public record and would not be subject to public disclosure.

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

This bill would make legislative findings to that effect.

 UNFINISHED BUSINESS  

Bill No: SB 1452

Author: Ashby (D)

Amended: 6/26/24

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 4/15/24

AYES: Ashby, Nguyen, Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Roth, Smallwood-Cuevas, Wilk

NO VOTE RECORDED: Niello

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SENATE FLOOR: 37-0, 5/23/24

AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Allen, Archuleta, Newman

ASSEMBLY FLOOR: 76-0, 8/28/24 - See last page for vote

SUBJECT: Architecture and landscape architecture

SOURCE: Author

DIGEST:

This bill extends the sunset date for the California Architects Board (CAB or Board) and the Landscape Architects Technical Committee (LATC), which is administered by the CAB, until January 1, 2029, and makes additional changes to the practice acts regulating architects and landscape architects. Additionally, this bill requires applicants and licensees to provide the board and LATC with an email address, as specified, and makes numerous other programmatic changes to increase CAB and LATC efficiencies.

Assembly Amendments

authorize the CAB to extend a candidate’s application period to supplement time lost due to a declared state of emergency; require CAB licensees to file their current mailing address, email address and the entities through which they provide architectural services; require licensee mailing addresses and entities to be posted to the website and excludes email addresses from posting requirements; set architects license expiration dates at two years from license issuance; and increase the license fee range maximums.

ANALYSIS:

Existing law:

1. Establishes the Architects Practice Act (Act) to regulate the practice of architecture in California. (Business and Professions Code (BPC) § 5501 et seq.)
2. Establishes the CAB within the Department of Consumer Affairs (DCA), subject to repeal on January 1, 2025. (BPC § 5510)
3. Authorizes, until January 1, 2029, the board to appoint a person to be designated as an executive officer and exercise the powers and perform the duties delegated by the board and vested in the executive officer. (BPC § 5517)
4. Requires licensed architects to file with the board their current mailing address and the proper and current name and address of the entity through which they provide architectural services. Provides that “entity” means any individual, firm, corporation, or limited liability partnership. (BPC § 5558)
5. Specifies that all licenses issued or renewed under the Act shall expire at 12 midnight on the last day of the birth month of the licenseholder in each odd-numbered year following the issuance or renewal of the license. (BPC § 5600(a))
6. Requires the board to give written notice to a licensee 30 days in advance of the regular renewal date and to give written notice by registered mail 90 days in advance of the expiration of the fifth year that a renewal fee has not been paid. (BPC § 5600.1)
7. Prescribes the following fees for architect applicants and licenseholders:
   1. The application fee for reviewing a candidate’s eligibility to take any section of the examination may not exceed $100.
   2. The fee for any section of the examination administered by the board may not exceed $100.
   3. The fee for an application for reciprocity may not exceed $100.
   4. The fee for a duplicate license may not exceed $25.
   5. The renewal fee may not exceed $400.
   6. The fee for a retired license may not exceed the fee for an original license at an amount equal to the renewal fee in effect at the time the license is issued, except that, if the license is issued less than one year before the date on which it will expire, then the fee shall be fixed at an amount equal to 50% of the renewal fee in effect at the time the license is issued. (BPC § 5604)
8. Establishes the LATC, until January 1, 2025, within the jurisdiction of the CAB, consisting of five members who are licensed to practice landscape architects in California. (BPC § 5621)
9. Authorizes the board, until January 1, 2025, to delegate its authority to the LATC except that it may not delegate its authority to discipline a landscape architect or to take action against a person who has committed a violation. (BPC § 5620)
10. Authorizes the LATC, until January 1, 2025, to do all of the following:
    1. Assist the board in the examination of candidates for a landscape architect’s license and, after investigation, evaluate and make recommendations regarding potential violations of law.
    2. Investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
    3. Perform duties and functions that have been delegated to it by the board.
    4. Send a representative to all meetings of the full board to report on the committee’s activities. (BPC § 5622)
11. Prohibits a license that is not renewed within five years after its expiration from being renewed, restored, reissued, or reinstated, but allows the holder of the expired license to apply for and obtain a new license if 1) no fact, circumstance, or condition exists which, if the license were issued, would justify its revocation or suspension; 2) the holder of the expired license pays the fees required of new applicants; and 3) the holder of the expired license takes and passes the current California Supplemental Examination. (BPC § 5680.2)

This bill extends the sunset date for the CAB and its authority to appoint an executive officer by four years to January 1, 2029; requires each applicant for examination or licensure as an architect or landscape architect who has a valid email address to report to the board that email address at the time of application, as specified; requires a licensee whose license is not renewed within five years after expiration to meet all requirements for obtaining an original license if the expired license holder applies for a new license; authorize the CAB to extend a candidate’s application period to supplement time lost due to a declared state of emergency; requires CAB licensees to file their current mailing address, email address and the entities through which they provide architectural services; requires licensee mailing addresses and entities to be posted to the website and excludes email addresses from posting requirements; sets architects license expiration dates at two years from license issuance; increases the license fee range maximums; and makes non-substantive and conforming changes.

Background

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 CAB and LATC. 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.

The CAB regulates the practice of architecture, defined as “offering or performing, or being in responsible control of, professional services which require the skills of an architect in the planning of sites, and the design, in whole or in part, of buildings, or groups of buildings and structures…” (BPC § 5500). The CAB is also responsible for regulatory oversight for the LATC and the practice of landscape architecture, which is defined as, “offer[ing] or perform[ing] professional services, for the purpose of landscape preservation, development and enhancement, such as consultation, investigation, reconnaissance, research, planning, design, preparation of drawings, construction documents and specifications, and responsible construction observation…” (BPC § 5615). There are approximately 21,000 licensed architects and 3,700 licensed landscape architects.

The CAB and LATC were most recently reviewed as part of the sunset review program in 2019 and at that time, received a four-year extension. Due to the circumstances of the COVID-19 pandemic, the CAB and LATC were granted an additional one-year extension without legislative review. Since 2012, this is the CAB’s and LATC’s third joint sunset review. As currently drafted, this bill proposes statutory changes to the operations of the CAB and LATC as identified in those issues raised in each entity’s background paper and raised during the CAB and LATC sunset review hearing on March 11, 2024.

LATC License Renewal Five Years after Expiration. Existing law provides that a license that is not renewed within five years of its expiration date may not be renewed, restored, reissued, or reinstated and that the holder of the expired license may apply for and obtain a new license (BPC § 5680.2). BPC § 5680.2 also states that if no fact justifies revocation or suspension of a valid license, the person pays the required fees, and takes and passes the current California Supplemental Examination, they may obtain a new license. The LATC would like to revise this section to require the applicant to meet all requirements set forth in the chapter for obtaining an original license. By specifying that all requirements of a new application must be met, subdivisions (a) through (c) would no longer be necessary and are proposed to be removed. This bill clarifies that all requirements of a new applicant must be met by a licensee who is reapplying after allowing their license to be expired for five years or more.

Email addresses for LATC applicants and licensees. Over the last decade, more than a dozen boards and bureaus within the Department of Consumer Affairs have systematically sought legislative authorization to require their applicants and licensees to provide a valid email address to receive correspondence from the relative board or bureau. Email provides an expedient, cost-effective, and environmentally-responsible method of communicating with applicant and licensee populations. The LATC proposed adding authority to its practice act to require, at the time of initiation application or renewal, applicants and licensees to submit a valid email address if available. Additionally, CAB recently launched its online application via the Connect system in June 2023. To apply online, the applicant must create a Connect account by submitting a current email address to be used during account sign-in any time the applicant or licensee accesses the system. A function of Connect is that applicants and licensees can choose to receive electronic notifications in lieu of paper. Based on the online licensing system functionality, communication with applicants and licensees through email will become more common. This bill authorizes the CAB and LATC to require applicants and licensees, at the time of application or renewal, to submit a valid email address, if available to the CAB or LATC, requires notification within 30 days of a change to the email address, protects applicant and licensee emails addresses from public disclosure, defines “valid email address,” and establishes that information sent from a CAB or LATC email address on file is presumed to have been delivered.

State of Emergency Waiver. During the pandemic and due to the shutdown of testing centers, the CAB identified a provision in its regulations requiring a candidate to take an exam within the preceding five years to be considered active. Some candidates who were close to the five-year limit between exams were impacted by their inability to test due to test center closures and thus maintain their active status. This bill authorizes the Board to waive this requirement during a declared emergency by a time that supplements time lost due to the emergency.

License Issuance Date. BPC § 5600(a) specifies that all licenses issued or renewed under the Architects Practice Act expire at 12 midnight on the last day of the birth month of the license-holder in each odd-numbered year following the issuance or renewal of the license, creating a scenario where individuals receive an initial license that is valid for less than the full two-year term. The CAB reports that it has had candidates for licensure postpone licensure because they do not want to pay for a license that will expire in a short amount of time. This bill amends BCP § 5600 to provide that the initial license shall expire at the last day of the month in which the license was issued during the second year of a two-year term.

Fund Condition. Data provided by the CAB’s 2023 Sunset Review Report demonstrate a significant decline in board-reserves between FYs 2019/20 through 2024/25. In Fiscal Year (FY) 2019/20, the CAB reported a 16.5 month reserve level or close to $5.5 million. In FY 2024/25, board reserves are projected to be 2.6 months or close to $1.2 million dollars. CAB cites increased attorney general fees and business modernization costs as necessitating additional revenue. Specifically, a fee increase for architect initial licenses and renewals could assist CAB in maintaining a healthy fund condition. This bill sets license fees at their current maximums effective January 1, 2024, and increases the fee range maximum to allow for future increases through rulemaking when necessary.

Extension of the CAB and LATC. Clients and the public are best protected by strong regulatory boards to oversee licensed professionals. CAB and LATC have proven to be competent stewards of the architect and landscape architect professions. However, the efficiency of CAB regulating various professions as a stand-alone regulatory program, combined with a separate and distinct technical committee, needs to be evaluated to ensure future fund issues are mitigated. The CAB and LATC should be extended so the Legislature may once again review whether the issues and recommendations in the Background Paper have been addressed with strong consideration given to evaluating consolidation efforts and facilitating discussions about whether CAB’s organizational structure and composition should more appropriately reflect the multidisciplinary regulatory role it plays. This bill extends the sunset date of the CAB and LATC by four years until January 1, 2029.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes

According to the Assembly Committee on Appropriations, this bill will result in ongoing special fund costs of approximately $5.1 million annually for the continued operation of the CAB’s licensing and enforcement activities. The bill will result in ongoing special fund costs of approximately $1.4 million annually for the continued operation of the LATC. The CAB and LATC anticipate any additional workload resulting from this bill to be absorbable within existing resources. They note the bill does not impact current licensing or enforcement operations.

SUPPORT: (Verified 8/27/24)

California Architects Board

California Council of the American Society of Landscape Architects

OPPOSITION: (Verified 8/27/24)

None received

ARGUMENTS IN SUPPORT: The California Architects Board writes in support, “This bill extends the sunset date of the Board and makes additional changes to the Architects Practice Act that will provide increased operational efficiencies.”

The California Council of the American Society of Landscape Architects states, “Proper regulation of our profession ensures that the built environment and the open spaces our communities enjoy are designed properly to protect the public from personal harm and property damage. Improper design can lead to property damage from flooding, increased wildfire risk, and, unfortunately, permanent injury or death. Our state occupies some of the most geographical unique and biodiverse regions in the world. With these diverse landscapes across the state, it is essential to the public that landscape architects are adequately prepared to practice.”

ASSEMBLY FLOOR: 76-0, 8/28/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Ortega, Ta

Prepared by: Yeaphana La Marr / B., P. & E.D. /

8/28/24 22:19:50

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1452

Author:(Ashby)

As Amended Ver:June 26, 2024

Majority vote

SUMMARY

Extends the sunset date for the California Architects Board (CAB or board) and the Landscape Architects Technical Committee (LATC) to January 1, 2029, and enacts technical changes, statutory improvements, and policy reforms in response to issues raised during the CAB and the LATC's sunset review oversight process.

Major Provisions

1. Require architect and landscape architect applicants and licensees who have a valid email address, as defined, to report that email address to the CAB, as specified, and to notify the CAB within 30 days of any change to their email address.
2. Increase various architect application and licensing fees to their statutory maximum and authorize the CAB to adopt regulations to set fees at a higher amount, up to new specified maximums.
3. Create a fee for architect license certification, not to exceed $40.
4. Require licenses issued or renewed by the CAB to expire two years from the last day of the month in which the license was issued or two years from the date on which the renewed license was last expired.
5. Delete the requirement that the CAB send license expiration notices via registered mail.
6. Authorize the CAB to extend a candidate's application or examination process beyond the five-year period when a state of emergency is proclaimed by the Governor, as specified.
7. Require the CAB to post on its website each licensee's current mailing address and the name and address of the entity or entities through which they provide architectural services. Prohibits disclosure of a licensee's email address, unless required by court order.
8. Authorize the holder of an expired landscape architecture license to apply for and obtain a new license if they pay all of the fees and meet all of the requirements for obtaining an original license.

COMMENTS

Sunset review. Each year, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee 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 by 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. There are five sunset review bills authored by the Chair of the Assembly Business and Professions Committee and five sunset review bills authored by the Chair of the Senate Business, Professions and Economic Development Committee.

California Architects Board. The CAB was established in 1901 to protect the health, safety, and welfare of the public by regulating the practice of architecture in California. The board is responsible for the implementation and enforcement of the Architects Practice Act. There are over 21,000 licensed architects in California and approximately 10,000 candidates who are in the process of meeting licensure requirements.

The board's mission, as stated in its 2022-2024 Strategic Plan, is:

The California Architects Board protects consumers by establishing standards for professional qualifications, ensuring competence through examinations, setting practice standards, and enforcing the Architects Practice Act.

The following goals frame the Board's efforts:

1. Ensure the professional qualifications of those practicing architecture by setting requirements for education, experience, and examinations;
2. Establish regulatory standards of practice for California architects and protect consumers by preventing violations and effectively enforcing laws, codes, and standards when violations occur;
3. Protect consumers by preventing violations and effectively enforcing laws, codes, and standards when violations occur;
4. Increase public and professional awareness of the Board's mission, activities, and services;
5. Improve effectiveness of relationships with related organizations in order to further the Board's mission and goals; and
6. Enhance organizational effectiveness and improve the quality of customer service in all programs.

California Landscape Architects Technical Committee. Within the board’s jurisdiction is the LATC, to which the CAB may delegate certain duties and functions. The LATC is tasked with protecting the health, safety, and welfare of the public by establishing standards for licensure and enforcing laws and regulations governing the practice of landscape architecture in California. In its 2023 Sunset Report, the LATC reported that there are approximately 3,700 active landscape architect licensees in California. The LATC consists of five professional members whom are appointed by the Governor, Senate, and Assembly. The CAB and the LATC share an executive officer and assistant executive officer, although the LATC has five staff of its own.

The LATC's mission, as stated in its 2022-2024 Strategic Plan, is:

The Landscape Architects Technical Committee (LATC) regulates the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act (Act) to protect consumers, and the public health, safety, and welfare while safeguarding the environment.

The following goals frame the LATC's efforts:

1. Protect consumers through effective regulation and enforcement of laws, codes, and standards affecting the practice of landscape architecture.
2. Ensure the professional qualifications of those practicing landscape architecture by setting and maintaining requirements for education, experience, and examinations.
3. Increase public and professional awareness of LATC's mission, vision, values, and services.
4. Provide accessible and responsive quality services to consumers and licensees.

In preparation for the CAB and the LATC's sunset hearings, committee staff published background papers that identify current issues and recommendations relating to each entity. For more information, please refer to the policy committee analysis of this bill.

According to the Author

This bill is the sunset review vehicle for the CAB and the LATC, authored by the Chair of the Senate Business, Professions and Economic Development Committee.

Arguments in Support

In support of this bill, the California Architects Board writes, "This bill extends the sunset date of the Board and makes additional changes to the Architects Practice Act that will provide increased operational efficiencies."

The California Council of the American Society of Landscape Architects (CCASLA) also writes in support:

As the first state in the nation to regulate our profession, California has a long history of putting consumers first and avoiding these potential harms. CCASLA believes that the existence of an appointed body of professionals with the technical expertise necessary to oversee regulation of the profession is essential to protecting the public. Since the Board of Landscape Architecture was eliminated, this role has been filled by the LATC.

LATC's oversight and the concentration of technical expertise of its members is significant. California is a unique state when it comes to the practice of landscape architecture. Our state occupies some of the most geographical unique and bio-diverse regions in the world. With these diverse landscapes across the state, it is essential to the public that landscape architects are adequately prepared to practice. For this reason, California administers an extremely rigorous supplemental examination unlike most states with multidisciplinary boards with few landscape architect members.

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. On-going special fund costs of approximately $5.1 million annually (CAB Fund) for the continued operation of the CAB's licensing and enforcement activities. This fund is self-supporting with fee revenue. The CAB projects the CAB Fund to end fiscal year (FY) 2024-25 with a reserve balance of $1.2 million, or 4.7 months in operating reserves. The CAB's fund balance has decreased approximately 78% since FY 2019-20. In FY 2021-22, the CAB's fund was projected to be insolvent by FY 2025-26. The Board recently raised fees for original applications and for licensure renewals.
2. On-going special fund costs of approximately $1.4 million annually (Landscape Architects Fund) for the continued operation of the LATC. This fund is self-supporting with fee revenue. The LATC projects the Landscape Architects Fund to end FY 2024-25 with a reserve balance of $714,000, or 6.2 months in operating reserve. The LATC increased license and examination fees for the first time in 14 years, effective January 1, 2024.
3. The CAB and LATC anticipate any additional workload resulting from this bill to be absorbable within existing resources. They note the bill does not impact current licensing or enforcement operations.

VOTES

SENATE FLOOR: 37-0-3

YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Archuleta, Newman

ASM BUSINESS AND PROFESSIONS: 18-0-0

YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Grayson, Irwin, Jackson, Low, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur

ASM APPROPRIATIONS: 13-0-2

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Jim Patterson, Ta

UPDATED

VERSION: June 26, 2024

CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0003921

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1452

Author:(Ashby) – As Amended Ver:June 26, 2024

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

SUMMARY:

This bill extends the sunset dates for the California Architects Board (CAB) and for the Landscape Architects Technical Committee (LATC), within the Department of Consumer Affairs (DCA), by four years to January 1, 2029, and makes several changes recommended through the sunset review process. Notable changes include increasing various architect fees, setting new statutory fee caps, and requiring applicants and licensees to provide email addresses to the CAB, among other changes.

Among other changes, this bill:

1. Extends the sunset date for the CAB and its authority to appoint an executive officer from January 1, 2025, to January 1, 2029.
2. Extends the sunset date for the LATC, and the CAB’s authorization to delegate its authority to the LATC, from January 1, 2025, to January 1, 2029.
3. Authorizes the CAB to extend an architect candidate’s application or examination period beyond the existing-law five-year period if the Governor proclaims a state of emergency, as specified. The extension must be sufficient to supplement the time lost due to the state of emergency.
4. Requires the CAB to post specified licensee information, including a current mailing address, on its website. Prohibits the posting of licensee email addresses.
5. Requires each architect and landscape architect applicant or licensee who has a valid email address, as defined, to report that email address to the CAB at the time of application or licensee renewal, as applicable, and to notify the board within 30 days of any change to their email address on file with the CAB.
6. Specifies an email address provided to the CAB is not a public record and must not be disclosed, as specified, unless required by a court order.
7. Specifies information sent from a CAB email account to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.
8. Increases architect application, renewal, and related fee amounts to their statutory maximums and authorizes the CAB to adopt regulations to set fees at a higher amount, up to a new specified maximum. Creates a fee for a license certification, not to exceed $40.

FISCAL EFFECT:

1. On-going special fund costs of approximately $5.1 million annually (CAB Fund) for the continued operation of the CAB’s licensing and enforcement activities. This fund is self-supporting with fee revenue. The CAB projects the CAB Fund to end fiscal year (FY) 2024-25 with a reserve balance of $1.2 million, or 4.7 months in operating reserves. The CAB’s fund balance has decreased approximately 78% since FY 2019-20. In FY 2021-22, the CAB’s fund was projected to be insolvent by FY 2025-26. The Board recently raised fees for original applications and for licensure renewals.
2. On-going special fund costs of approximately $1.4 million annually (Landscape Architects Fund) for the continued operation of the LATC. This fund is self-supporting with fee revenue. The LATC projects the Landscape Architects Fund to end FY 2024-25 with a reserve balance of $714,000, or 6.2 months in operating reserve. The LATC increased license and examination fees for the first time in 14 years, effective January 1, 2024.
3. The CAB and LATC anticipate any additional workload resulting from this bill to be absorbable within existing resources. They note the bill does not impact current licensing or enforcement operations.

COMMENTS:

1. Purpose. This bill is authored by the Chair of the Senate Committee on Business, Professions and Economic Development as part of the committee’s review of the authorities and activities of the boards and bureaus under DCA. This bill extends the sunset date for the CAB and LATC and makes various changes to improve the operations of the CAB and LATC in response to issues identified during the sunset review oversight process.
2. Background. The CAB regulates the practice of architecture in California by establishing examination and licensing requirements for the architecture profession and enforcing the Architects Practice Act. CAB oversees over 21,000 licensed architects. The LATC, under the purview of the CAB, was created to establish license standards and enforce the laws and regulations governing the practice of landscape architecture in California. The LATC licenses more than 3,700 landscape architects.

Like most entities within DCA, the CAB is a self-supporting, special fund agency that obtains its revenues from licensing and renewal fees, which in turn support its licensing, examination, enforcement, and administration programs. The Board does not receive any general fund revenue. The DCA’s budget office recently completed a fee study for the CAB. This bill modifies the fee schedules of the CAB, whose last statutory fee increase was in 2009.

1. Related Legislation. This bill is one of eight measures introduced this session to review and extend the operation of licensing boards and bureaus within DCA. The other Senate measures include SB 1453 (Ashby), SB 1454 (Ashby), and SB 1455 (Ashby), all pending in this committee. The Assembly bills include AB 3252, AB 3253, AB 3254, and AB 3255, all authored by the Assembly Business and Professions Committee and pending in the Senate Appropriations Committee.
2. Prior Legislation. SB 1443 (Roth), Chapter 625, Statutes of 2022, extended the sunset date for the Board and LATC, among other boards, by one year to January 1, 2025.

SB 608 (Glazer), Chapter 376, Statutes of 2019, extended the sunset date for the Board and LATC to January 1, 2024, and made various changes to the operations of the bureau, identified through the sunset review process.

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

Date of Hearing: June 25, 2024

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

SBPCA Bill Id:SB 1452

Author:(Ashby) – As Amended Ver:April 16, 2024

NOTE: This bill is double referred and if passed by this Committee will be re-referred to the Assembly Judiciary Committee.

SENATE VOTE: 37-0

SUBJECT: Architecture and landscape architecture

SUMMARY: Extends the sunset date for the California Architects Board (CAB or board) and the Landscape Architects Technical Committee (LATC) to January 1, 2029, and requires applicants and licensees to provide the board and LATC with an email address, as specified.

EXISTING LAW:

1. Establishes the Architects Practice Act (Act) to regulate the practice of architecture in California. (Business and Professions Code (BPC) § 5501 et seq.)
2. Establishes the CAB within the Department of Consumer Affairs (DCA), subject to repeal on January 1, 2025. (BPC § 5510)
3. Authorizes, until January 1, 2029, the board to appoint a person to be designated as an executive officer and exercise the powers and perform the duties delegated by the board and vested in the executive officer. (BPC § 5517)
4. Requires licensed architects to file with the board their current mailing address and the proper and current name and address of the entity through which they provide architectural services. Provides that “entity” means any individual, firm, corporation, or limited liability partnership. (BPC § 5558)
5. Specifies that all licenses issued or renewed under the Act shall expire at 12 midnight on the last day of the birth month of the licenseholder in each odd-numbered year following the issuance or renewal of the license. (BPC § 5600(a))
6. Requires the board to give written notice to a licensee 30 days in advance of the regular renewal date and to give written notice by registered mail 90 days in advance of the expiration of the fifth year that a renewal fee has not been paid. (BPC § 5600.1)
7. Prescribes the following fees for architect applicants and licenseholders:
   1. The application fee for reviewing a candidate’s eligibility to take any section of the examination may not exceed $100.
   2. The fee for any section of the examination administered by the board may not exceed $100.
   3. The fee for an application for reciprocity may not exceed $100.
   4. The fee for a duplicate license may not exceed $25.
   5. The renewal fee may not exceed $400.
   6. The fee for a retired license may not exceed the fee for an original license at an amount equal to the renewal fee in effect at the time the license is issued, except that, if the license is issued less than one year before the date on which it will expire, then the fee shall be fixed at an amount equal to 50% of the renewal fee in effect at the time the license is issued. (BPC § 5604)
8. Establishes the LATC, until January 1, 2025, within the jurisdiction of the CAB, consisting of five members who are licensed to practice landscape architects in California. (BPC § 5621)
9. Authorizes the board, until January 1, 2025, to delegate its authority to the LATC except that it may not delegate its authority to discipline a landscape architect or to take action against a person who has committed a violation. (BPC § 5620)
10. Authorizes the LATC, until January 1, 2025, to do all of the following:
    1. Assist the board in the examination of candidates for a landscape architect’s license and, after investigation, evaluate and make recommendations regarding potential violations of law.
    2. Investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
    3. Perform duties and functions that have been delegated to it by the board.
    4. Send a representative to all meetings of the full board to report on the committee’s activities. (BPC § 5622)
11. Prohibits a license that is not renewed within five years after its expiration from being renewed, restored, reissued, or reinstated, but allows the holder of the expired license to apply for and obtain a new license if 1) no fact, circumstance, or condition exists which, if the license were issued, would justify its revocation or suspension; 2) the holder of the expired license pays the fees required of new applicants; and 3) the holder of the expired license takes and passes the current California Supplemental Examination. (BPC § 5680.2)

THIS BILL:

1. Extends the sunset date for the CAB and its authority to appoint an executive officer by four years to January 1, 2029.
2. Requires each applicant for examination or licensure as an architect or landscape architect who has a valid email address to report to the board that email address at the time of application.
3. Requires that a licensee who has a valid email address must report that email address to the board at the time of renewal.
4. Requires each applicant or licensee to notify the board within 30 days of any change to their email address on file with the board.
5. Specifies that, to protect the privacy of applicants and licensees, the email addresses provided to the board shall not be considered a public record and shall not be disclosed, unless required by a court order.
6. Specifies that information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.
7. Defines “valid email address” to mean an email address at which the applicant or licensee is currently receiving email at the time the application or license renewal is submitted to the board.
8. Extends the sunset date for the LATC, and the board’s authorization to delete its authority to the LATC, by four years to January 1, 2029.
9. Requires the holder of a license is not renewed within five years after its expiration to pay all of the fees and meet all of the requirements for obtaining an original license if the expired licenseholder applies for a new license.
10. Makes nonsubstantive and conforming changes.

FISCAL EFFECT: According to the Senate Appropriations Committee, the 2024-25 Governor’s Budget provides approximately $6.34 million (CAB Fund and California Board of Architectural Examiners - Landscape Architects Fund) and 30.4 positions to support the continued operation of the CAB and LATC licensing and enforcement activities. The CAB and LATC do not anticipate an additional fiscal impact, as the bill does not impact current licensing or enforcement workload.

COMMENTS:

Purpose. This bill is the sunset review vehicle for the CAB and LATC, authored by the Senate Business, Professions and Economic Development Committee. This bill extends the sunset date for the board and LATC 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 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. 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.

California Architects Board. The CAB was established in 1901 to protect the health, safety, and welfare of the public by regulating the practice of architecture in California. The board is responsible for the implementation and enforcement of the Act. At the time of this writing, the board reports that there are over 21,000 architects and approximately 10,000 candidates who are in the process of meeting licensure requirements.

The board’s mission, as stated in its 2022-2024 Strategic Plan, is:

The California Architects Board protects consumers by establishing standards for professional qualifications, ensuring competence through examinations, setting practice standards, and enforcing the Architects Practice Act.

The following goals frame the Board’s efforts:

• Ensure the professional qualifications of those practicing architecture by setting requirements for education, experience, and examinations;
• Establish regulatory standards of practice for California architects and protect consumers by preventing violations and effectively enforcing laws, codes, and standards when violations occur;
• Protect consumers by preventing violations and effectively enforcing laws, codes, and standards when violations occur;
• Increase public and professional awareness of the Board’s mission, activities, and services;
• Improve effectiveness of relationships with related organizations in order to further the Board’s mission and goals; and
• Enhance organizational effectiveness and improve the quality of customer service in all programs.^[1]

California Landscape Architects Technical Committee. Within the board’s jurisdiction is the LATC, to which the CAB may delegate certain duties and functions. The LATC is tasked with protecting the health, safety, and welfare of the public by establishing standards for licensure and enforcing laws and regulations governing the practice of landscape architecture in California. In its 2023 Sunset Report, the LATC reported that there are approximately 3,700 active landscape architect licensees in California. The LATC consists of five professional members appointed by the Governor, Senate, and Assembly. The CAB and LATC share an executive officer and assistant executive officer, although the LATC has five staff of its own.

The LATC’s mission, as stated in its 2022-2024 Strategic Plan, is:

The Landscape Architects Technical Committee (LATC) regulates the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act (Act) to protect consumers, and the public health, safety, and welfare while safeguarding the environment.

The following goals frame the LATC’s efforts:

• Protect consumers through effective regulation and enforcement of laws, codes, and standards affecting the practice of landscape architecture.
• Ensure the professional qualifications of those practicing landscape architecture by setting and maintaining requirements for education, experience, and examinations.
• Increase public and professional awareness of LATC’s mission, vision, values, and services.
• Provide accessible and responsive quality services to consumers and licensees.^[2]

Current Related Legislation.

AB 3251 (Committee on Business and Professions) is the sunset bill for the Board of Accountancy. AB 3251 is pending in the Senate Business, Professions, and Economic Development Committee.

AB 3252 (Committee on Business and Professions) is the sunset bill for the Court Reporters Board. AB 3252 is pending in the Senate Business, Professions, and Economic Development Committee.

AB 3253 (Committee on Business and Professions) is the sunset bill for the Board for Professional Engineers, Land Surveyors, and Geologists. AB 3253 is pending in the Senate Business, Professions, and Economic Development Committee.

AB 3254 (Committee on Business and Professions) is the sunset bill for the Cemetery and Funeral Bureau. AB 3254 is pending in the Senate Business, Professions, and Economic Development 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. AB 3255 is pending in the Senate Business, Professions, and Economic Development Committee.

SB 1452 (Ashby) is the sunset bill for the California Architects Board and the Landscape Architects Technical Committee. SB 1452 is pending in this committee.

SB 1453 (Ashby) is the sunset bill for the Dental Board of California. SB 1453 is pending in this committee.

SB 1454 (Ashby) is the sunset bill for the Bureau of Security and Investigative Services. SB 1453 is pending in this committee.

ARGUMENTS IN SUPPORT:

In support of this bill, the CAB writes, “This bill extends the sunset date of the Board and makes additional changes to the Architects Practice Act that will provide increased operational efficiencies.”

The California Council of the American Society of Landscape Architects (CCASLA) also writes in support:

As the first state in the nation to regulate our profession, California has a long history of putting consumers first and avoiding these potential harms. CCASLA believes that the existence of an appointed body of professionals with the technical expertise necessary to oversee regulation of the profession is essential to protecting the public. Since the Board of Landscape Architecture was eliminated, this role has been filled by the LATC.

LATC’s oversight and the concentration of technical expertise of its members is significant. California is a unique state when it comes to the practice of landscape architecture. Our state occupies some of the most geographical unique and bio-diverse regions in the world. With these diverse landscapes across the state, it is essential to the public that landscape architects are adequately prepared to practice. For this reason, California administers an extremely rigorous supplemental examination unlike most states with multidisciplinary boards with few landscape architect members.

SUNSET ISSUES FOR CONSIDERATION:

In preparation for the sunset hearings, committee staff publishes background papers that identify outstanding issues relating to the entity being reviewed. The background papers are available on the Committee’s website: https://abp.assembly.ca.gov/jointsunsethearings. While all of the issues identified in both the CAB and LATC background papers remain available for discussion, the following are currently being addressed in this bill or otherwise actively discussed:

1. CAB Issue #1: Board Composition. The majority of DCA boards are comprised of an odd number of members. In contrast, CAB has 10 board members, represented equally by professional architects and public members. Although the Board reports a tie has never been a problem, sunset review may present an opportunity to mirror the composition of similar DCA boards, while providing representation to the LATC, which the Board has overseen since 1997. The LATC is organized as a committee within the organization of CAB and a representative of each body provides updates at one another’s meetings of key issues and work collaboratively to ensure they understand priorities of the other. CAB appoints a liaison who attends LATC meetings on behalf of the Board, and an LATC member attends Board meetings to ensure the Committee’s concerns are raised. The LATC member does not have voting power and ultimately, CAB maintains the final authority to discipline landscape architects and issue examinations.

Staff Recommendation: The Board should advise the Committees as to the potential benefits of a multidisciplinary composition and the impacts of additional membership to its work at the board-level.

Board Response: The Board does believe a more efficient structure is possible and would benefit consumers and licensees. Adding a dedicated appointment to a licensed Landscape Architect would give the Landscape Architecture profession a much-needed voice on the Board that does not currently exist, while the advisory voice could be maintained through the Board’s existing committee structure. This Board composition would keep a strong voice and dialogue for landscape architects intact, while increasing vote and voice and representation of the Landscape Architects on the Board itself. Distinction between the entities could be strengthened, while the large overlap of the administrative practices would more efficiently be managed.

A multidisciplinary composition will allow Board to perform its duties more efficiently. Currently, split funding in the office requires LATC and the Board to split purchases for supplies and equipment even though they are in a shared space. Workload is duplicated when generating reports and information to provide at Committee and Board meetings. Combining the programs will eliminate the duplicated work, provide a single purchasing point for staff needs which will improve office efficiencies and potentially save money for the programs.

Sunset Recommendation: The committees may wish to revisit the issue of board composition following a future decision as to whether or not to consolidate the board and LATC.

1. CAB Issue #3: Fund Condition. The fund condition table provided in the CAB’s 2023 Sunset Review Report demonstrate a significant decline in board-reserves between FYs 2019/20 through 2024/25. In Fiscal Year (FY) 2019/20, the CAB reports a 16.5 month reserve level or close to $5.5 million. In FY 2024/25, board reserves are projected to significantly decline to 2.6 months, or close to $1.2 million dollars. CAB cites increased attorney general fees and business modernization costs as necessitating additional revenue. Specifically, a fee increase for architect initial licenses and renewals could assist CAB in maintaining a healthy fund condition. It would be helpful for the Committees to understand what cost pressures within the Board’s control lead to challenges and what factors the Board cannot control that lead to expenditure increases. It would be helpful for the Committees to understand efficiencies that may benefit CAB and whether CAB absorbs unintended costs related to its management of the separate LATC, given that CAB is ultimately the regulator of landscape architects. While a separate fund for LATC expenditures exists, other programs with multiple regulated entities have similarly evaluated whether the Board ultimately subsidizes efforts of a body like LATC.

Staff Recommendation: The CAB should advise the Committees on the current reserve level and what fiscal challenges the CAB sees in the future. What administrative costs have increased the most over the last few FYs? Is the CAB anticipating any future cost increases for operations? Has CAB analyzed costs savings that could be achieved were it to function as a multidisciplinary program with various representatives from different professions on the Board, rather than a standing board with a separate entity within its organization?

Board Response: The Department of Consumer Affairs’ Budget Office recently completed a fee study for the Board, which the Board reviewed at its February meeting. The Board is projected to spend down its reserve and potentially need a fee increase towards the end of the decade. Staff has been analyzing the costs to run the Board and LATC as they exist now, independently, and whether some functions can be combined to achieve some cost savings. The Board believes a savings will be realized by becoming multidisciplinary as it will be able to better associate staff to required tasks and reduce redundancies created by having two programs report the same and similar information to the same entity.

Costs increases over the last few years include:

1. Cost of printing increased around $27,000
2. Slight increase in communication costs (CalNET, telephone services, etc.)
3. Postage increased around $6,000
4. Facilities cost increased around $15,000
5. IT charges increased around $113,000 from FY 19/20 to FY 22/23.

The Board does have proposed statutory language to provide the authority to increase fees by regulation when there is a need. The last statutory fee increase was in 2009.

Sunset Recommendation: Committee amendments will increase various fees to their statutory maximum and set new statutory fee caps:

1. CAB Issue #4: License Issuance Date. BPC § 5600(a) specifies that all licenses issued or renewed under the Act expire at 12 midnight on the last day of the birth month of the license-holder in each odd-numbered year following the issuance or renewal of the license. As a result, the term of that license is tied to the licensee’s birth month. This means an individual can receive an initial license that is valid for less than the full two-year term. The CAB reports that it has had candidates for licensure postpone licensure because they do not want to pay for a license that will expire in a short amount of time. To remedy this situation and make the initial licensure and renewal process and costs more efficient for both licensees and the CAB, the CAB would like to amend BCP § 5600 to provide that the initial license shall expire at the last day of the month in which the license was issued during the second year of a two-year term.

Staff Recommendation: The Board should advise the Committees if this change achieves any administrative efficiency or if it will be difficult to implement.

Board Response: The Board does not believe this will be difficult to implement and that it will improve the initial licensure process for candidates. The Board will achieve administrative efficiency by eliminating the need to disseminate and track licenses that are valid for less than two years. An additional benefit will be that eventually Board funding will stabilize over fiscal years, which will allow the Board and the Department’s Budget Office to plan fiscal needs more accurately. Currently, the Board has peaks and valleys with funding because all licenses renew in odd years which provides a certain level of uncertainty in budget related matters.

Sunset Recommendation: Committee amendments will require licenses to expire two years from the last day of the month in which the license was issued, or two years from the date on which the renewed license was last expired.

1. CAB Issue #5: License Expiration Notification. Existing law provides that a license, which has expired, may be renewed at any time within five years after its expiration. After five years, a license is not renewable, and the individual must reapply for an entirely new license and meet the current requirements for licensure, unless specifically exempt, and pay all of the fees. Existing law requires the CAB to send written notice by registered mail to expired license holders 90 days in advance of the expiration of the fifth year that a renewal fee has not been paid. The Board would like to amend BPC §5600.1 to provide notification via email or regular mail, rather than requiring notification by certified mail. As noted by the CAB, a significant number of the notices currently sent are returned as undeliverable.

Staff Recommendation: The CAB should inform the Committees about the number of five-year expiration notices that it current sends annually. CAB should advise the Committees as to the experience other regulatory programs with a similar effort and the impact to licensees. The Committees may wish to consider updating the Act in order to assist CAB in achieving cost savings related to sending email vs. registered email.

Board Response: During 2022, the Board mailed a total of 724 expiration notices to its licensees. Of those 724, 252 were returned to the Board as undeliverable or deceased and 107 provided no response (the Board did not receive a return card or undeliverable mail).

A similar change was enacted in 2022 for the Board of Professional Engineers, Land Surveyors and Geologists (SB 1120, Chapter 302, Statutes of 2022).

Sunset Recommendation: Committee amendments will delete the requirement that license expiration notices be sent by registered mail.

1. CAB Issue #11: State of Emergency Waiver. During the pandemic, due to the shutdown of testing centers, the Board identified a provision in its regulations that impacted some candidates for licensure. Specifically, the Board’s regulations require that for a candidate to be considered active, they must have taken an exam within the preceding five years. Some candidates who were close to the five-year limit between exams were impacted by their inability to test due to test center closures and thus maintain their active status. Due to the pandemic, candidates who were nearing their five-year mark were impacted by the closure of testing centers. Per CCR 109(a)(3) "Active in the examination process" shall mean that there has not been a period of five or more years since the candidate last took an examination as a candidate of the Board, or the candidate has been determined by the Board to be eligible. The Board requests authority to waive this requirement, for a limited duration, during a future declared emergency.

Staff Recommendation: The CAB should provide any additional technical updates or amendments to the Committees.

Board Response: Thank you for your consideration, proposed amendments are included.

Sunset Recommendation: Committee amendments will authorize the board to extend an application of a candidate who is completing licensure requirements when there is a state of emergency proclaimed by the Governor.

1. CAB Issue #13: Technical Clean up. There may be a number of technical statutory changes or updates, which may improve the CAB operations. For example, the CAB would like to require that licensees who have an email address of file with the CAB maintain that email address to maximize the online licensing and renewal system and provide more timely updates to its licensing population, Additionally, the CAB requests to revise code sections to include gender neutral language.

Staff Recommendation: The Committees may wish to amend the Act to include technical clarifications.

Board Response: Thank you for your consideration, suggested amendments are attached.

Sunset Recommendation: This bill makes numerous technical changes such as replacing gendered language. Additionally, this bill authorizes the board to collect email addresses from applicants and licensees. Committee amendments will further require licensees to report the entity though which they provide architectural services and the board to post on its website each licenseholder’s current mailing address and the name and address of the architecture firm where they work.

1. CAB Issue #14: Continued Regulation. Clients and the public are best protected by strong regulatory boards with oversight of licensed professionals. CAB has proven to be a competent steward of the architect profession and has worked to respond to issues in a timely, appropriate manner. However, the efficiency of CAB regulating various professions as a stand-alone regulatory program, combined with a technical committee that provides recommendations as to the licensure of a separate profession, needs to be evaluated. Maintaining status quo could lead to future fund issues and may generally not prove feasible. Strong consideration should be given to evaluate consolidation efforts and discussions about whether CAB’s organizational structure and composition should more appropriately reflect the multidisciplinary regulatory role it plays.

Staff Recommendation: The CAB should be continued, and reviewed again on a future date to be determined.

Board Response: The Board concurs with the Staff Recommendation.

Sunset Recommendation: This bill delays the sunset date for the CAB by four years to January 1, 2029. The committees may wish to require the board to convene stakeholder meetings to discuss consolidation of the board and LATC and to include specified data in their next sunset report.

1. LATC Issue #2: Renewal Timeframe. BPC § 5680.2 provides that a license that is not renewed within five years of its expiration date may not be renewed, and that the holder of the expired license may apply for and obtain a new license if no fact justifies revocation or suspension of a valid license, the person pays the required fees and takes and passes the current California Supplemental Examination. The Board would like to clarify that a person whose license has been expired for more than five years must comply with the requirements for issuance of a new license.

Staff Recommendation: The LATC should submit proposed changes to the Committees. The LATC should also discuss any new requirements above existing law that would need to be met and explain the consumer protection benefit that would be realized by this proposal.

Board Response: LATC will provide suggested language to the Committee. The Committee believes this change will improve consumer protection by ensuring that someone with an expired license that seeks a new license has met current licensing requirements, such as passage of the exam.

Sunset Recommendation: This bill requires a licenseholder whose license is not renewed within five years of its expiration to pay all of the fees and meet all of the requirements for obtaining an original license when applying for a new license.

1. LATC Issue #4: Technical Cleanup. There may be a number of non-substantive or technical statutory changes or updates, which may improve LATC operations. For example, the LATC noted in its 2023 Sunset Review Report, that in order to maximize use of the Board’s online system for license application and renewal, it would be beneficial to require those individuals who have an email address to maintain the email address they have on file with the Board. The LATC also noted several places where language could be updated to reflect gender-neutral references. In addition, because of numerous statutory changes and implementation delays, code sections can become confusing, contain provisions that are no longer applicable, make references to outdated report requirements, and cross-reference code sections that are no longer relevant. The LATC’s sunset review is an appropriate time to review, recommend, and make necessary statutory changes.

Staff Recommendation: The Committees may wish to amend the Act to include technical clarifications.

Board Response: Thank you for your consideration, proposed changes are included.

Sunset Recommendation: This bill makes numerous technical changes such as replacing gendered language. Additionally, this bill authorizes the LATC to collect email addresses from applicants and licensees.

1. LATC Issue #5: Continued Regulation. As a result of a legislative reorganization, LATC was established on January 1, 1998, to replace the former Board of Landscape Architects and was placed under the purview of the CAB. While its purpose is to act in an advisory capacity to CAB on examination and other matters pertaining to the regulation of the practice of landscape architecture in California, LATC does incur programmatic costs. While LATC and CAB share an Executive Officer and Assistant Executive Officer, LATC has five separate staff and CAB operations likely supplement LATC operations. There are costs related to any government agency functions, including a statutorily-designated committee with statutorily-mandated responsibilities. LATC has historically faced cost pressures and recently raised fees on licensees due to ongoing rising expenditures and program costs. Now, CAB is also facing shortfalls and will need to increase revenue to continue effective operations. It would be helpful for the committees to understand whether CAB’s composition should more appropriately reflect the multidisciplinary regulatory role it plays and, rather than continuing LATC as its own entity, landscape architect representation should be added to CAB in lieu of a committee. Strong consideration should be given to evaluate consolidation efforts and discussions about whether LATC’s organizational structure makes sense, including fiscal sense, moving forward.

Staff Recommendation: LATC and CAB should provide additional information related to program-wide considerations and whether efficiencies will be realized through formal regulation by one entity. LATC and CAB should inform the committees about existing overlap in operations today and how a multidisciplinary board structure, maintaining licensure for landscape architects through the Act, could improve effectiveness.

Board Response: LATC believes that a merged board could provide efficiencies as well as give landscape architects a direct voice in the oversight of their profession, rather than an advisory role. There are approximately 22 states with a blended board so there are models we can look to for guidance. The LATC and CAB leadership have met to discuss the concept and are continuing discussions on the details of a possible combined structure. Over the years, LATC has made changes to its operations to align more closely with the Board’s, so a structural change should not be difficult to implement.

The Board will be able to realize efficiencies by merging the administrative, licensing, and enforcement units of LATC and CAB. Staff will continue to operate as they have, but duplicated duties such as purchasing, reporting, budgets, and cashiering will no longer be split among multiple staff, and enforcement and licensing workload will be integrated under CAB’s existing management. Additionally, executive management will no longer be required to separately account for and divide time into another program they oversee, which will allow them and all staff to work more efficiently.

Sunset Recommendation: This bill delays the sunset date for the CAB by four years to January 1, 2029, and as previously stated, the committees may wish to require the board to convene stakeholder meetings to discuss consolidation of the board and LATC and to include specified data in their next sunset report.

AMENDMENTS:

For the reasons stated in the discussion of sunset issues above, committee amendments will do all of the following:

1. Increase various fees to their statutory maximum and set new statutory fee caps:
   
   
2. Require licenses to expire two years from the last day of the month in which the license was issued, or two years from the date on which the renewed license was last expired.
   
3. Delete the requirement that license expiration notices be sent by registered mail.
   
4. Authorize the board to extend an application of a candidate who is completing licensure requirements when there is a state of emergency proclaimed by the Governor.
   
5. Require licensees to report the entity though which they provide architectural services.
6. Require the board to post on its website each licenseholder’s current mailing address and the name and address of the architecture firm where they work.

REGISTERED SUPPORT:

California Architects Board

California Council of the American Society of Landscape Architects

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Kaitlin Curry / B. & P. / (916) 319-3301

1. California Architects Board. (2021, December 10). 2022-2024 Strategic Plan.

   https://www.cab.ca.gov/docs/publications/strategic_plan.pdf ↑

2. California Landscape Architects Committee. (2022, September 16). Strategic Plan 2022-2024.

   https://www.latc.ca.gov/docs/publications/strategic_plan_2022-2024.pdf ↑

 THIRD READING  

Bill No: SB 1452

Author: Ashby (D)

Amended: 4/16/24

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 4/15/24

AYES: Ashby, Nguyen, Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Roth, Smallwood-Cuevas, Wilk

NO VOTE RECORDED: Niello

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SUBJECT: Architecture and landscape architecture

SOURCE: Author

DIGEST:

This bill extends the sunset date of the California Architects Board (CAB) and the Landscape Architects Technical Committee (LATC) by four years to January 1, 2029; authorizes CAB and LATC to require applicants and licensees to submit a valid email address at the time of application or renewal, as specified, and establishes that these emails are not subject to public disclosure; and makes other technical and clarifying changes to the CAB and LATC practice acts based on the sunset review oversight efforts for both entities.

ANALYSIS:

Existing Law:

1. Establishes the CAB within the Department of Consumer Affairs (DCA) to regulate the practice of architects until January 1, 2025. (Business and Professions Code (BPC) § 5510 et seq.)
2. Establishes the LATC within CAB to regulate the practice of landscape architects until January 1, 2025. (BPC §§ 5621 et seq.)
3. Provides that an architect’s license and landscape architect’s license that has expired may be renewed at any time within five years after its expiration. (BPC §§ 5600.2 and 5680.1)
   
4. Prohibits the Board and LATC from renewing, restoring, reissuing, or reinstating a license that has not been renewed after five years. (BPC §§ 5600.3 and 5680.2)
   
5. Requires state agency records to be disclosed to the public upon request. (Government Code (GC) § 7920.000 et seq.)

This bill:

1. Extends the sunset of the CAB and LATC by four years to January 1, 2029.
   
2. Authorizes CAB and LATC to require applicants and licensees to submit a valid email address, if available, at the time of application or renewal and adds the following to implement the email submission requirement:
   
   1. Requires applicants and licensees to update their email within 30 days of a change to their email address;
      
   2. Establishes that applicant and licensee emails are not subject to public disclosure under the Public Records Act;
      
   3. Establishes that information sent from a CAB or LATC email address on file is presumed to have been delivered;
      
   4. Defines “valid email address” for the purposes of CAB and LATC email submission requirement.
      
3. Clarifies that an LATC licensee whose license has been expired for five years must reapply for a new license and meet all requirements of a new applicant.
   
4. Replaces gender specific references with non-gendered terminology.

Background

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 CAB and LATC. 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.

The CAB regulates the practice of architecture, defined as “offering or performing, or being in responsible control of, professional services which require the skills of an architect in the planning of sites, and the design, in whole or in part, of buildings, or groups of buildings and structures…” (BPC § 5500). The CAB is also responsible for regulatory oversight for the LATC and the practice of landscape architecture, which is defined as, “offer[ing] or perform[ing] professional services, for the purpose of landscape preservation, development and enhancement, such as consultation, investigation, reconnaissance, research, planning, design, preparation of drawings, construction documents and specifications, and responsible construction observation…” (BPC § 5615). There are approximately 21,000 licensed architects and 3,700 licensed landscape architects.

The CAB and LATC were most recently reviewed as part of the sunset review program in 2019 and at that time, received a four-year extension. Due to the circumstances of the COVID-19 pandemic, the CAB and LATC were granted an additional one-year extension without legislative review. Since 2012, this is the CAB’s and LATC’s third joint sunset review. As currently drafted, this bill proposes statutory changes to the operations of the CAB and LATC as identified in those issues raised in each entity’s background paper and raised during the CAB and LATC sunset review hearing on March 11, 2024.

LATC License Renewal Five Years after Expiration. Existing law provides that a license that is not renewed within five years of its expiration date may not be renewed, restored, reissued, or reinstated and that the holder of the expired license may apply for and obtain a new license (BPC § 5680.2). BPC Section 5680.2 also states that if no fact justifies revocation or suspension of a valid license, the person pays the required fees, and takes and passes the current California Supplemental Examination, they may obtain a new license. The LATC would like to revise this section to require the applicant to meet all requirements set forth in the chapter for obtaining an original license. By specifying that all requirements of a new application must be met, subdivisions (a) through (c) would no longer be necessary and are proposed to be removed. This bill clarifies that all requirements of a new applicant must be met by a licensee who is reapplying after allowing their license to be expired for five years or more.

Email addresses for LATC applicants and licensees. Over the last decade, more than a dozen boards and bureaus within the Department of Consumer Affairs have systematically sought legislative authorization to require their applicants and licensees to provide a valid email address to receive correspondence from the relative board or bureau. Email provides an expedient, cost-effective, and environmentally-responsible method of communicating with applicant and licensee populations. The LATC proposed adding authority to its practice act to require, at the time of initiation application or renewal, applicants and licensees to submit a valid email address if available. Additionally, CAB recently launched its online application via the Connect system in June 2023. To apply online, the applicant must create a Connect account by submitting a current email address to be used during account sign-in any time the applicant or licensee accesses the system. A function of Connect is that applicants and licensees can choose to receive electronic notifications in lieu of paper. Based on the online licensing system functionality, communication with applicants and licensees through email will become more common. This bill authorizes the CAB and LATC to require applicants and licensees, at the time of application or renewal, to submit a valid email address, if available to the CAB or LATC, requires notification within 30 days of a change to the email address, protects applicant and licensee emails addresses from public disclosure, defines “valid email address,” and establishes that information sent from a CAB or LATC email address on file is presumed to have been delivered.

Extension of the CAB and LATC. Clients and the public are best protected by strong regulatory boards to oversee licensed professionals. CAB and LATC have proven to be competent stewards of the architect and landscape architect professions. However, the efficiency of CAB regulating various professions as a stand-alone regulatory program, combined with a separate and distinct technical committee, needs to be evaluated to ensure future fund issues are mitigated. The CAB and LATC should be extended so the Legislature may once again review whether the issues and recommendations in the Background Paper have been addressed with strong consideration given to evaluating consolidation efforts and facilitating discussions about whether CAB’s organizational structure and composition should more appropriately reflect the multidisciplinary regulatory role it plays. This bill extends the sunset date of the CAB and LATC by four years until January 1, 2029.

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

According to the Senate Appropriations Committee:

The 2024-25 Governor’s Budget provides approximately $6.34 million (CAB Fund and California Board of Architectural Examiners - Landscape Architects Fund) and 30.4 positions to support the continued operation of the CAB and LATC licensing and enforcement activities.

The CAB and LATC do not anticipate an additional fiscal impact, as the bill does not impact current licensing or enforcement workload.

SUPPORT: (Verified 5/15/24)

California Architects Board

OPPOSITION: (Verified 5/15/24)

None received

ARGUMENTS IN SUPPORT: The California Architects Board writes, “This bill extends the sunset date of the Board and makes additional changes to the Architects Practice Act that will provide increased operational efficiencies.”

Prepared by: Yeaphana La Marr / B., P. & E.D. /

5/17/24 10:18:34

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1452 (Ashby) - Architecture and landscape architecture

Bill Summary:

SB 1452 is the sunset bill for the California Architects Board (CAB) and Landscape Architects Technical Committee (LATC) and makes changes recommended during the joint sunset review of the CAB and LATC.

Fiscal Impact:

The 2024-25 Governor’s Budget provides approximately $6.34 million (CAB Fund and California Board of Architectural Examiners - Landscape Architects Fund) and 30.4 positions to support the continued operation of the CAB and LATC licensing and enforcement activities.

The CAB and LATC do not anticipate an additional fiscal impact, as the bill does not impact current licensing or enforcement workload.

Background:

The CAB currently regulates the architect profession through its examination, licensing, and enforcement obligations. CAB’s stated mission is to protect consumers by establishing qualifications, ensuring competence through examinations, setting practice standards, and enforcing the Architects Practice Act. CAB licenses more than 21,000 licensed architects.

The CAB maintains purview and jurisdiction over the LATC. LATC’s stated mission is to ensure that all landscape architects practicing in the State of California are fully qualified to provide services to the public in a professional and ethical manner. Specifically, to regulate the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act to protect consumers, and the public health, safety, and welfare while safeguarding the environment. LATC licenses more than 3,700 landscape architects.

Proposed Law:

• Extends operation of the CAB and LATC to January 1, 2029.
• Requires an applicant for examination and licensure and a person applying for renewal of a license who has a valid email address to report to CAB that email address at the time of application or renewal.
  • Specifies that email addresses provided are not public records and are not subject to disclosure to the public under the California Public Records Act.
  • Requires an applicant or licensee to notify CAB of any changes to the email address within 30 days.
  • Specifies that information sent from an email account of CAB to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.
  • Provides that the holder of a landscape architecture license that has not been renewed within five years to apply for and obtain a new license if they pay all of the fees and meet all of the requirements for obtaining an original license.
• Makes other technical and nonsubstantive changes.

Related Legislation:

SB 1453 (Ashby, 2024) is the Dental Board of California sunset bill. SB 1453 is pending in this committee.

SB 1454 (Ashby, 2024) is the Bureau of Security and Investigative Services sunset bill. SB 1454 is pending in this committee.

SB 1455 (Ashby, 2024) is the Contractors State License Board sunset bill. SB 1455 is pending in this committee.

SB 1456 (Ashby, 2024) is the California State Athletic Commission sunset bill. SB 1456 is pending in this committee.

AB 3251 (Assembly Business and Professions Committee, 2024) is the Board of Accountancy sunset bill. AB 3251 is pending in the Assembly Appropriations Committee.

AB 3252 (Assembly Business and Professions Committee, 2024) is the Court Reporters Board sunset bill. AB 3252 is pending in the Assembly Appropriations Committee.

AB 3253 (Assembly Business and Professions Committee, 2024) is the Board for Professional Engineers, Land Surveyors and Geologists sunset bill. AB 3253 is pending in the Assembly Appropriations Committee.

AB 3254 (Assembly Business and Professions Committee, 2024) is the Cemetery and Funeral Bureau sunset bill. AB 3254 is pending in the Assembly Appropriations Committee.

AB 3255 (Assembly Business and Professions Committee, 2024) is the Board of Vocational Nursing and Psychiatric Technicians sunset bill. AB 3255 is pending in the Assembly Appropriations Committee.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: SB 1452 (Author:Ashby)

Version: April 16, 2024

Hearing Date: April 23, 2024

Fiscal: Yes

Urgency: No

Consultant: AM

SUBJECT

Architecture and landscape architecture

DIGEST

This bill makes various changes to the Architects Practice Act, including requiring and applicant for examination and licensure as an architect or a landscape architect and a person applying for renewal of licensure who has a valid email address to report to the California Architects Board (Board) that email address, as specified, and states that those email addresses are not public records and are not subject to disclosure to the public. The bill also extends the operation of the Board until January 1, 2029, and makes various conforming changes.

EXECUTIVE SUMMARY

Current law authorizes the Board to license and regulate persons engaged in the practice of architecture and landscape architecture practicing in California. The California Public Records Act (CPRA) makes all records of a public agency open to public inspection upon request unless the records are otherwise exempt or prohibited from public disclosure, and grants the public the right to obtain a copy of any public record. This bill, among other things, requires an applicant for an architect’s license or landscape architecture’s license and a licensee renewing their license to provide the Board with a valid email address, if available, but makes that email address nondisclosable to the public. The bill is author sponsored. No timely support or opposition was received by the Committee. This bill passed the Senate Business, Professions and Economic Development Committee on a vote of 12 to 0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Establishes the Board within the Department of Consumer Affairs and specifies various duties and powers of the Board in regards to the licensure and regulation of architects and landscape architects, and provides that these provisions are repealed on January 1, 2025. (Bus. & Prof. Code §§ 5510, 5517, 5620, 5621, & 5622.)
2. Provides that the license of a landscape architect that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated; however, the holder may apply for a new license if:
   1. no fact, circumstance, or condition exists which, if the license were issued, would justify its revocation or suspension;
   2. the holder of the expired license pays the fees required of new applicants; and
   3. the holder of the expired license takes and passes the current California Supplemental Examination. (Bus. & Prof. Code § 5680.2.)
3. Requires licensees to file their mailing address with the Board, as specified. (Bus. & Prof. Code § 5558 & 5657.)
4. Provides, pursuant to the California Constitution, that the people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies are required to be open to public scrutiny. (Cal. const. art. I, § 3(b)(1).)
   1. Requires a statute to be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. (Cal. const. art. I, § 3(b)(1).)
   2. Requires a statute that limits the public’s right of access to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (Cal. const. art. I, § 3(b)(1).)
5. Governs the disclosure of information collected and maintained by public agencies pursuant to the CPRA. (Gov. Code §§ 7920.000 et seq.)
   1. States that the Legislature, mindful of the individual right to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Code § 7921.000.)
   2. Defines “public records” as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code § 7920.530.)
   3. Provides that all public records are accessible to the public upon request, unless the record requested is exempt from public disclosure. (Gov. Code § 7922.530.)

This bill:

1. Extends the repeal date on various provisions related to the Board and its duties and powers until January 1, 2029.
2. Requires an applicant for examination and licensure and a person applying for renewal of a license who has a valid email address to report to the Board that email address at the time of application or renewal.
   1. Specifies that email addresses provided are not public records and are not subject to disclosure to the public under the CPRA.
   2. Requires an applicant or licensee to notify the Board of any changes to the email address within 30 days.
   3. Specifies that information sent from an email account of the Board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.
3. Provides that the holder of a landscape architecture license that has not been renewed within five years to apply for and obtain a new license if they pay all of the fees and meet all of the requirements for obtaining an original license.
4. Makes various corresponding and nonsubstantive changes.

COMMENTS

1. Stated need for the bill

The author writes:

This bill is one of five sunset bills sponsored by the Author. This bill is necessary to make changes to the California Architects Board and Landscape Architects Technical Committee to improve oversight of the regulated professions under the jurisdiction of the Board and LATC.

1. This bill makes various changes to the Architects Practice Act and statutes regulating the practice of landscape architecture

The Senate Business, Professions and Economic Development Committee has considered this bill’s changes relating to the licensure and regulation of architects and landscape architects, including the following: extending the operation of the Board until January 1, 2029; requiring an applicant for licensure or renewal of licensure to provide a valid email to the Board and specifies that correspondence sent to the reported email from the Board is presumed to have been delivered; and authorizes the holder of a landscape architecture license that has not been renewed within five years to apply for and obtain a new license if they pay all of the fees and meet all of the requirements for obtaining an original license. The analysis of that Committee is incorporated here by reference.^[1] This analysis will focus on the provisions of the bill within the jurisdiction of this Committee, principally the limitation on access to public records.

1. Limiting disclosure of public records

California generally recognizes that public access to information concerning the conduct of the people’s business is a fundamental and necessary right.^[2] At the same time, the state recognizes that this right must be balanced against the right to privacy.^[3] The general right of access to public records may, therefore, be limited where records include personal information. In recognition of this, the bill states that in order to protect the privacy of applicants and licensees their email addresses are not public records. In light of the personal nature of the information being collected, the bill’s findings appear consistent with the state’s right to privacy and limits on disclosure of public records.

SUPPORT

None received

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

SB 1120 (Jones, Ch. 302, Stats. 2022), among other things, required applicants for licensure and certification to provide to the Board for Professional Engineers, Land Surveyors, and Geologists their email address, and specifies those emails provided are not a public record and are exempt from disclosure under the CPRA.

AB 298 (Irwin, Ch. 300, Stats. 2021), among other things, required applicants for licensure and certification to provide to the California Board of Accountancy their email address, and specifies those emails provided are not a public record and are exempt from disclosure under the CPRA.

PRIOR VOTES

Senate Business, Professions and Economic Development Committee (12 Ayes, 0 Noes)

**************

1. Senate Bus., Prof. and Econ. Development Committee analysis of SB 1452 (2023-24 reg. sess.) as introduced Feb.16, 2024. ↑

2. Cal. Const., art. I, § 3; Gov. Code, § 7921.000. ↑

3. Cal. Const., art. I, § 1. ↑

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Angelique Ashby, Chair

2023 - 2024 Regular

Bill No: SB 1452 Hearing Date: April 15, 2024

Subject: Architecture and landscape architecture

SUMMARY:

Makes various changes to the operations of the California Architects Board (CAB or Board) and the Landscape Architects Technical Committee (LATC) based on the sunset review oversight efforts for both entities.

NOTE:

This bill is double-referred to the Senate Committee on Judiciary, second

Existing law:

1. Establishes the CAB within the Department of Consumer Affairs (DCA) to regulate the practice of architects until January 1, 2025. (Business and Professions Code (BPC) § 5510 et seq.)
2. Establishes the LATC within CAB to regulate the practice of landscape architects until January 1, 2025. (BPC §§ 5621 et seq.)
3. Provides that an architect’s license and landscape architect’s license that has expired may be renewed at any time within five years after its expiration. (BPC §§ 5600.2 and 5680.1)
   
4. Prohibits the Board and LATC from renewing, restoring, reissuing, or reinstating a license that has not been renewed after five years. (BPC §§ 5600.3 and 5680.2)
5. Requires state agency records to be disclosed to the public upon request (Government Code (GC) § 7920.000 et seq.)

This bill requires CAB and LATC licensees to submit a valid email address, if available, at the time of renewal and update the email address within 30 days if the email address changes and specifies that applicant and licensee email addresses are not subject to disclosure.

FISCAL EFFECT:

Unknown. This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

1. Purpose. This bill is one of five sunset bills sponsored by the Author. According to the Author, “this bill is necessary to make changes to the California Architects Board and Landscape Architects Technical Committee to improve oversight of the regulated professions under the jurisdiction of the Board and LATC.”
2. 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 CAB and LATC. 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.
3. Background on CAB and LATC.
   
   California Architects Board. The CAB is one of the boards, bureaus, commissions, and committees within the DCA as part of the Business, Consumer Services and Housing Agency under the Governor. The Board has policy autonomy to seek legislation and set its own policies and procedures.
   
   CAB’s predecessor, the State Board of Architecture, was created by legislation in 1901. The Legislature changed its name in 1929 to the California State Board of Architectural Examiners to reflect the board’s responsibility to administer examinations to prospective architects. In 1998, legislation changed the name once more its current name, the California Architects Board. The CAB currently regulates the architect profession through its examination, licensing, and enforcement obligations. The CAB licenses more than 21,000 licensed architects.

The mission of the CAB is to protect consumers by establishing qualifications, ensuring competence through examinations, setting practice standards, and enforcing the Architects Practice Act.

Landscape Architects Technical Committee. California began regulating the practice of landscape architecture in 1953 by forming the Board of Landscape Architecture (BLA). The BLA became a Committee within the California Architecture Board in 1998. The LATC licenses more than 3,700 landscape architects.

The LATC’s mission is to ensure that all landscape architects practicing in the State of California are fully qualified to provide services to the public in a professional and ethical manner. Specifically, to regulate the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act to protect consumers, and the public health, safety, and welfare while safeguarding the environment.

1. Sunset Review Oversight of the CAB and LATC. The CAB and LATC were most recently reviewed as part of the sunset review program in 2019. Through that review, the CAB and LATC each received a four-year extension (SB 608 (Glazer, Chapter 376, Statutes of 2019)). Due to the impact of the COVID-19 pandemic on legislative work, the legislature extended the CAB and LATC sunset dates by one additional year to January 1, 2025, to allow for a comprehensive review schedule (SB 1443 (Roth, Chapter 625, Statutes of 2022)).
   
   Following are issues pertaining to CAB and LATC and background information concerning each particular issue raised in the CAB and LATC sunset reports or the Committee’s background paper that could potentially be addressed through further amendments. The Committees, CAB, LATC, and stakeholders continue to discuss statutory changes that may be necessary to improve operations at the CAB and LATC.
   1. Initial License Expiration Date Based on Applicant’s Birthday.

Background: Existing law requires an applicant for licensure as an architect to submit an application for examination (BPC § 5550). To obtain an original license, the applicant must pay: 1) a $100 fee for CAB to review the applicant’s eligibility to take any section of the examination; a $100 fee to take the California-specific examination; and an original license fee of $400. Once expired, the licensee pays a $400 renewal fee. (Title 16 of the California Code of Regulations (16 CCR), § 144)

When the Board issues an initial license, the term of that license expires in each odd-numbered year on the last day of the licensee’s birth month. CAB regulations allow the original license fee to be reduced to $200 if the original license will be valid for less than one year. However, the expiration terms result in initial licenses that are valid for less than the full two-year term (or even the prorated term), which is not cost effective for the applicant. Consequently, the Board has had candidates for licensure postpone licensure because they do not want to pay for a license that will expire in a short amount of time.

Recommendation: The Board should advise the Committees if this change achieves any administrative efficiency or if it will be difficult to implement. The Board would like to amend BCP section 5600 to provide that the initial license shall expire at the last day of the month in which the license was issued during the second year of a two-year term.

• 1. License Expirations – Mailing License Expiration Notifications by Registered Mail and License Renewal Time Limits.

Background: The CAB and LATC each wrote about issues regarding license expirations in their respective sunset reports.

CAB: Sending Notices of Expiration by Registered Mail. Existing law provides that a license that has expired may be renewed at any time within five years after its expiration (BPC § 5600.2) and requires the Board to give notify the licensee in writing by registered mail 90 days in advance of the expiration of the fifth year that a renewal fee has not been paid (BPC § 5600.1).

According to the United States Postal Service, the charge for registered mail is a minimum of $10 above the price of postage. The Board reports a number of the notices the Board currently sends out are returned as undeliverable. Additionally, it is not known if these notices result in renewed licenses.

Existing law, BPC § 124, requires written notices given by any board in the DCA to be given by regular mail addressed to the last known address of the licensee or by personal service, at the option of the board. Further, BPC § 136 requires each person holding a license to engage in a profession or occupation issued by a board within the department to notify the issuing board of any change in the person’s mailing address within 30 days after the change. Failure to do so constitutes grounds for a citation and administrative fine. Thus, if a licensee is compliant with address reporting requirements, they are likely to receive a regular mail notification, which calls into question whether the benefit of using registered mail justifies the cost.

LATC License Renewal Five Years after Expiration. Existing law provides that a license that is not renewed within five years of its expiration date may not be renewed, restored, reissued, or reinstated and that the holder of the expired license may apply for and obtain a new license (BPC § 5680.2). BPC § 5680.2 also states that if no fact justifies revocation or suspension of a valid license, the person pays the required fees, and takes and passes the current California Supplemental Examination, they may obtain a new license. The LATC would like to revise this section to require the applicant to meet all requirements set forth in the chapter for obtaining an original license. By specifying that all requirements of a new application must be met, subdivisions (a) through (c) would no longer be necessary and are proposed to be removed.

Recommendations and Proposed Statutory Changes: As stated in the Background Paper, the CAB should inform the Committees about the number of five-year expiration notices that it current sends annually. CAB should advise the Committees as to the experience other regulatory programs with a similar effort and the impact to licensees. The Committees may wish to consider updating the Act in order to assist CAB in achieving cost savings related to sending email vs. registered email. Additionally, the CAB should submit to the Committees statutory changes that would amend BPC section 5600.1 to allow the Board to provide these notifications via email or regular mail.

Regarding the LATC proposal, the Committee recommends amending BPC § 5680.2 to reflect that all requirements to obtain an original license must be met if a licensee has to reapply because their license was not renewed for five years.

• 1. Abandoned Applications.

Background: The Board has over 1,000 incomplete applications that are more than a year old so they are considered abandoned. However, the CAB does not have authority to dispense of the abandoned applications or to require a new application after abandonment.

Existing law states, “…the abandonment date for an application that has been returned to the applicant as incomplete shall be 12 months from the date of returning the application.” (BPC § 142) However, the BPC § 142 does not provide remedies to address abandoned applications.

The Board proposes authority to dispense of abandoned applications for an architect’s license similar to that for a landscape architect application. LATC regulations provide that an incomplete application for a landscape architect shall be deemed to be abandoned if the applicant does not submit the missing information within one year of being notified of the deficient application. Additionally, LATC regulations authorize the subsequently submitted application to be treated as a new application that must include all required information and accompanying materials that would be submitted by a first-time applicant, including fees. (16 CCR § 2611).

Recommendation: The Board should advise the Committees about any trends related to abandoned applications and if there are particular aspects of applications that may be difficult for applicants to comply with. The Committees may wish to amend the Act to ensure CAB can appropriately dispense with its business within a timeframe that provides balance to and does not unnecessarily disenfranchise applicants.

• 1. Email addresses for LATC applicants and licensees.

Background: Over the last decade, boards and bureaus within the Department have systematically sought legislative authorization to require their applicants and licensees to provide a valid email address to receive correspondence from the relative board or bureau. Email provides an expedient, cost-effective, and environmentally-responsible method of communicating with applicant and licensee populations. To date, the following boards, bureaus, and councils have been authorized to require their respective applicants and licensees to provide an email addresses at the time of application or renewal:

• Board for Professional Engineers, Land Surveyors and Geologists (BPC §§ 6767, 8753, 7856)
• Board of Accountancy (BPC §§ 5070, 5070.1. 5070.5, 5009.5, 5096.12, 5152.1)
• Board of Behavioral Sciences (BPC §§ 4990.07, 4996.16.1)
• Board of Pharmacy (BPC § 4013)
• Board of Vocational Nursing & Psychiatric Technicians (BPC §§ 2872.3, 4510.2)
• Bureau of Automotive Repair ((BPC § 9884)
• California Architects Board (BPC § 5558)
• Contractors State License Board (BPC § 7083.2)
• Dental Board of California (BPC § 1650.1)
• Medical Board of California (BPC § 2021)
• Speech Language Pathologists, Audiologists and Hearing Aid Dispensers Board (BPC § 2530.7)
• Veterinary Medicine (BPC § 4900)

The LATC proposes adding authority to its practice act to require, at the time of initiation application or renewal, applicants and licensees to submit a valid email address if available. CAB recently launched its online application via the Connect system in June 2023. To apply online, the applicant must create a Connect account by submitting a current email address to be used during account sign-in any time the applicant or licensee accesses the system. A function of Connect is that applicants and licensees can choose to receive electronic notifications in lieu of paper. Based on the online licensing system functionality, communication with applicants and licensees through email will become more common. This proposal would allow that option for all applicants and licensees.

Additionally, in the interest of protecting an applicants’ and licensees’ privacy, all programs listed above have specified in their legislation that applicant and licensee email addresses are not subject to disclosure under the Public Records Act. The LATC proposes adopting the same protections for its landscape architect licensee email addresses.

Recommendation and Proposed Statutory Change: Add section 5658 to the landscape architects practice act to require applicants and licenses to provide a valid email address, if available, at the time of application and renewal. However, the author proposes amendments to standardize the applicant and licensee email submission requirements for CAB and LATC, provide the same protections from disclosure, and conform in principle with similar authority recently granted to other programs within the DCA.

• 1. Emergency Authority to Waive Active Application Time Limits.

Background: During the pandemic, testing centers were closed. During this time, CAB identified a provision in its regulations that impacted some candidates for licensure. Specifically, 16 CCR § 109 requires that for a candidate to be considered active, they must have taken an exam within the preceding five years. If an application is considered “inactive,” the Board may purge the candidate file and the applicant must reapply and meet all examination requirements as if they are a first-time applicant.

The Board reports some candidate applications were close to the five-year limit between exams during the pandemic. These applicants were impacted by the inability to test due to test center closures and thus maintain their active status. The Board proposed in its Sunset Review Report to have authority to waive this requirement for a limited duration during a future declared emergency.

Recommendation: The Board should provide statutory language to define the circumstances under which this authority could be used.

• 1. Expunged Convictions – Conformity with BPC § 480

Background: AB 2138 (Chiu, Chapter 995, Statutes of 2018) changed the way many programs within DCA applied their substantially related criteria, contained in regulations, to determine whether an applicant’s criminal history is cause for license denial. This bill also prohibits programs from denying a license based on any dismissed or expunged conviction or the acts underlying the dismissed or expunged conviction. (BPC § 480(c))

BPC § 5577, which existed before AB 2138, allows for the revocation, suspension, or denial of a license for a dismissed or expunged conviction. The Board proposed amending BPC section 5577 to conform to BPC section 480 in its Sunset Review Report.

Recommendation: The CAB should The Bureau should advise the Committees of what statutory changes are necessary to conform BPC § 5577 to BPC § 480.

• 1. Technical Changes

Background: There may be a number of technical statutory changes or updates, which may improve the CAB operations. For example, the CAB would like to require that licensees who have an email address of file with the CAB maintain that email address to maximize the online licensing and renewal system and provide more timely updates to its licensing population, Additionally, the CAB requests to revise code sections to include gender neutral language.

Recommendation and Proposed Statutory Change: Amend the following sections to include gender neutral language: Architects – BPC §§ 5515, 5536.1., 5536.25, 5536.4, 5550, 5550.1, 5558, 5565, 5570, and 5582.1. Landscape Architects – BPC §§ 5640, 5641.3, and 5641.4.

1. Arguments in Support. The California Council of the American Society of Landscape Architects (CCASLA) writes, “On behalf of the over 3,700 licensed landscape architects in California, the California Council of the American Society of Landscape Architects (CCASLA) encourages your support for the continuing licensure of architects and landscape architects in California by extending the operation of the Landscape Architects Technical Committee (LATC) and the California Architects Board (CAB)…We urge continuation of CAB and LATC as our regulators because they ensure that qualified professionals practice landscape architecture in California. The CAB and LATC protect the public, protect and maximize natural resources, and help prevent damage to public/ private property from changes in the built environment.”

Multiple landscape architects wrote in support of continuing the CAB and LATC by stating, “Landscape Architects are often on the front line of using open spaces to combat climate change, mitigate the risk of wildfires, and ensuring access to open spaces. The combination of state and national examinations, educational requirements, and practice experience needed to be licensed are rigorous enough to ensure that professionals like myself are adequately prepared to meet the needs of our communities. The sunset review of CAB and LATC is the most important issue facing our profession in 2024. As such we urge the continuation of CAB and LATC as our regulators for the reasons stated above.”

1. Proposed Author's Amendments.

License extension and renewal. The Author is proposing to extend the CAB and LATC authority to administer the acts that govern the practices of architecture and landscape architecture for four years to expire on January 1, 2029.

Applicant and licensee email address submission. The Author is proposing to add BPC § 5559 (for architects) and amend BPC § 5658 (landscape architects), which is added by this bill, to correspond to each other, as well as other programs within DCA that recently obtained the same authority.

The amended sections would require applicants and licensees to submit a valid email address at the time of application, if available, at the time of application or license renewal. The amendments would also require the applicant or licensee to provide an update to the Board or LATC within 30 days and specify that email addresses shall not be subject to public disclosure.

Add BPC § 5558 as follows:

(a) Each applicant for examination or licensure who has a valid email address shall report to the board that email address at the time of application.

(b) A licensee who has a valid email address shall report that email address to the board at the time of renewal.

(c) Each applicant or certificate or license holder shall notify the board within 30 days of any change to their email address on file with the board.

(d) To protect the privacy of applicants and licensees, the email addresses provided to the board pursuant to subdivisions (a) and (b) shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required by an order of a court of competent jurisdiction.

(e) Information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.

(f) For the purposes of this section, “valid email address” means an email address at which the applicant or licensee is currently receiving email at the time the application or license renewal is submitted to the board.

Amend BPC § 5658 as follows:

1. Each applicant for examination or licensure who has a valid email address shall report to the board that email address at the time of application.

(b) Each licensee who has a valid email address shall report to the board or verify that email address at the time of renewal.

(c) Each applicant or certificate or license holder shall notify the board within 30 days of any change to their email address on file with the board.

(c)(d) To protect the privacy of applicants and licensees, the email Email addresses provided to the board pursuant to this chapter subdivisions (a) and (b) shall not be considered a public record and shall not be subject to public disclosure disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required by an order of a court of competent jurisdiction.

(e) Information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.

(f) For the purposes of this section, “valid email address” means an email address at which the applicant or licensee is currently receiving email at the time the application or license renewal is submitted to the board.

Application Requirements for LATC Licenses Not Renewed for Five Years. The Author is proposing to amend BPC § 5680.2 to require LATC licensees whose license has not been renewed for five years to meet all requirements for licensure as an original applicant.

Amend BPC § 5680.2 as follows:

A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the expired license may apply for and obtain a new license if: they pay all fees and meet all requirements set forth in this chapter for obtaining and original license.

(a) No fact, circumstance, or condition exists which, if the license were issued, would justify its revocation or suspension.

(b) The holder of the expired license pays the fees required of new applicants.

(c) The holder of the expired license takes and passes the current California Supplemental Examination.

SUPPORT AND OPPOSITION:

Support:

Anna Galka Armour, Licensed Landscape Architect

Artecho Architecture + Landscape Architecture

BMLA Landscape Architecture

California Council of the American Society of Landscape Architects

Camille Wildburger, Landscape Architect

CEARA Studio Landscape Architecture

Cheryl Fields, Landscape Architect

Community Works Design Group

Dalton M. LaVole, Landscape Architect

Dave Cubberly, Landscape Architect

David Evans and Associates

David L. Simon Landscape Architecture Site Planning

Dennis Otsuji, Landscape Architect

DW/LA Landscape Architects, Inc.

Estrada Land Planning

Evan Mather, Landscape Architect

Grant Hudson, Landscape Architect

Grounded Landscape Architecture

HKLA, Inc.

Jillian Nesom, Landscape Architect

KDA Landscape Architects

Laura Saltzman, Landscape Architect

Linda Endler Design & Associates

LGLA

LPA Design Studios

Maisha Ruth, Landscape Architect

MIG

Munden Fry Landscape Associates

Neri Landscape Architecture

Patricia Trauth, Principal, RICK Engineering

Paul Marcillac, Landscape Architect

Roach & Campbell

Sharon and Michael Singleton, Landscape Architects

SJA Landscape Architecture

Stan Smith Associates

Stephanie Lau, Landscape Architect

The HLA Group, Landscape Architects & Planners, Inc.

UCLA Extension Landscape Architecture

Viriditas Design

Wood Rodgers

Opposition:

None received

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