Existing law, the Professional Land Surveyors Act, provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. The act prohibits a person from practicing land surveying unless appropriately licensed or specifically exempted from licensure. Under the act, a person who practices, or offers to practice, land surveying without applicable legal authorization is guilty of a misdemeanor.

This bill would specify tiered penalties, including specified fines and jail time, for a first, 2nd, or 3rd conviction for practicing land surveying without legal authorization.

Existing law, the Professional Land Surveyors Act, among other things, provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. The act prohibits a person from practicing land surveying unless appropriately licensed or specifically exempted from licensure. Under the act, a person who practices, or offers to practice, land surveying without applicable legal authorization is guilty of a misdemeanor.

This bill would state the intent of the Legislature to enact legislation preventing the unlicensed practice of land surveying. specify tiered penalties, including specified fines and jail time, for a first, 2nd, or 3rd conviction for practicing land surveying without legal authorization.

Existing law, the Professional Land Surveyors Act, among other things, prohibits a person from practicing land surveying unless appropriately licensed or specifically exempted from licensure. Under the act, a person who practices, or offers to practice, land surveying without applicable legal authorization is guilty of a misdemeanor.

This bill would state the intent of the Legislature to enact legislation preventing the unlicensed practice of land surveying.

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Dr. Aisha Wahab, Chair

2025 - 2026 Regular

Bill No: Hearing Date: June 15, 2026

Subject:

SUMMARY:

Authorizes the Executive Officer of the Board for Professional Engineers, Land Surveyors and Geologists to issue administrative fines for violations of not less than $500 and not more than $20,000 for each violation of practicing or offering to practice civil, electrical, or mechanical engineering; geology or geophysics; and land surveying without a license, unless otherwise authorized by law. Establishes progressive maximum fines for misdemeanor violations of license violations of the Land Surveyors Act, as specified.

NOTE:

This bill is double-referred to the Senate Committee on Public Safety, second.

Existing law:

1. Makes the following Legislative findings and declarations:
   1. Unlicensed activity in the professions and vocations regulated by the Department of Consumer Affairs is a threat to the health, welfare, and safety of the people of the State of California.
      
   2. The law enforcement agencies of the state should have sufficient, effective, and responsible means available to enforce the licensing laws of the state.
      
   3. The criminal sanction for unlicensed activity should be swift, effective, appropriate, and create a strong incentive to obtain a license.
      

(BPC § 145)

1. Establishes the Professional Engineers Act, administered by the Board for Professional Engineers, Land Surveyors and Geologists (BPELSG or Board) to regulate the practices of civil, electrical, and mechanical engineering. (Business and Professions Code (BPC) §§ 6700, et seq.)
   
2. Requires any person who practices, or offers to practice, civil engineering, electrical engineering or mechanical engineering, in any of its branches to submit evidence that he or she is qualified to practice, and be licensed accordingly as a civil engineer, electrical engineer or mechanical engineer by the board, unless specifically exempted. (BPC § 6730)
   
3. Prohibits use of the title, “structural engineer,” or any combination of these words or abbreviations thereof, unless a person is a licensed civil engineer and has been found qualified as a structural engineer according to the rules and regulations established for structural engineers by the board. (BPC § 6736)
4. Prohibits use of the title, “soil engineer,” “soils engineer,” or “geotechnical engineer,” or any combination of these words or abbreviations thereof, unless a person is a licensed civil engineer and files an application to use the appropriate title with the board and the board determines the applicant is qualified to use the requested title. (BPC § 6736.1(a))
5. Classifies practicing, or offering to practice, civil, electrical, or mechanical engineering without legal authorization as a misdemeanor. (BPC § 6787(a))
6. Establishes the Geologist and Geophysicist Act, administered by the Board, to regulate the practices of geology and geophysics. (BPC §§ 7800, et seq.)
7. Prohibits use of the title “professional geologist” except by a person registered as a geologist. Prohibits use of the title registered certified specialty geologist unless registered as a geologist and certified by the Board. (BPC § 7804)
8. Prohibits use of the title “professional geophysicist” except by a person registered as a geophysicist. Prohibits use of the title registered certified specialty geophysicist unless registered as a geophysicist and certified by the Board. (BPC § 7804.1)
9. Provides that a person who practices or offers to practice geology or geophysics for others without legal authorization, unless otherwise exempt, is guilty of a misdemeanor. (BPC § 7872(a))
10. Establishes the Professional Land Surveyors’ Act (Act), administered by the Board, to regulate the practice of professional land surveyors. (BPC §§ 8700, et seq.)
    
11. Prohibits any person from practicing land surveying unless appropriately licensed or specifically exempted from licensure under the Act and entitles only persons licensed under the Act to take and use the titles “licensed land surveyor,” “professional land surveyor,” or “land surveyor,” or any combination of these words, phrases, or abbreviations thereof. (BPC § 8708)
12. Requires any person practicing, or offering to practice, land surveying in this state to submit evidence that they are qualified to practice and be licensed under the Act. Specifies that it is unlawful for any person to practice, offer to practice, or represent themselves, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which they have no legal interest, unless they have been licensed or specifically exempted from Act. (BPC § 8725)
    
13. Specifies that any person who does or offers to do any one or more of the following is practicing land surveying:
    1. Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering.
       
    2. Determines the configuration or contour of the earth's surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry.
       
    3. Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.
       
    4. Makes any survey for the subdivision or resubdivision of any tract of land.
       
    5. By the use of the principles of land surveying determines the position for any monument or reference point that marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.
       
    6. Geodetic surveying or cadastral surveying, as specified.
       
    7. Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in (a) to (f) above.
       
    8. Indicates, in any capacity or in any manner, by the use of the title "land surveyor" or by any other title or by any other representation that they practice or offer to practice land surveying in any of its branches.
       
    9. Procures or offers to procure land surveying work for themselves or others.
       
    10. Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced.
        
    11. Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter.
    12. Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in (a) to (f) above.
    13. Creates, prepares, or modifies electronic or computerized data in the performance of specified activities.
    14. Renders a statement regarding the accuracy of maps or measured survey data.

(BPC § 8726(a))

1. Provides that a person who practices, or offers to practice, land surveying in this state without legal authorization is guilty of a misdemeanor unless the person is exempt from licensure under the Act. (BPC § 8792(a))
2. Requires any program within DCA to establish a system for the issuance of a citation through regulation to require on any citation, whenever appropriate, an order of abatement fixing a reasonable time for abatement of the violation. (BPC § 125.9(b)(2))
3. Requires any citation or fine assessment issued pursuant to a citation to inform the cited person that if they desire a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 days of the date of issuance of the citation or assessment and hearings shall be held pursuant to Government Code (GC) § 11500. (BPC § 125.9(b)(4))
4. Authorizes any board within DCA to establish, by regulation, a system similar to that adopted under BPC § 125.9 for the issuance of an administrative citation to an unlicensed person who is acting in the capacity of a licensee or registrant under the jurisdiction of that board. Requires the administrative citation system to meet the requirements of BPC § 125.9 and states citations may not be applied to an unlicensed person who is otherwise exempted from the provisions of the applicable licensing act. (BPC § 148)
5. Establishes the chapter, “Administrative Adjudication: Formal Hearing” to specify the processes, timelines, and responsibilities of state departments and agencies when a formal proceeding is requested. (GC §§ 11500, et seq.)

Existing Regulations:

1. Requires an administrative fine issued by the BPELSG Executive Officer (EO) to be no less than $50 or no more than $5,000 for each violation. (Title 16 of the California Code of Regulations (16 CCR), § 472.1(a))
   
2. Requires the EO to consider the following factors when determining the amount of an administrative fine to an unlicensed person:
3. The nature and severity of the violation;
   
4. The good or bad faith exhibited by the cited person;
   
5. The history of previous violations;
   
6. The extent to which the cited person has cooperated with the Board and the Board's investigation;
   
7. The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation;
   
8. Any factors in extenuation or aggravation related to the violation;
   
9. Other matters as may be appropriate.
   

(16 CCR, § 472.1(b)

1. Requires each BPELSG citation for unlicensed activity to contain an assessment of an administrative fine, an order of abatement fixing a reasonable period of time for abatement of the violation, or both an administrative fine and an order of abatement. (16 CCR §472(c))
2. Allows any unlicensed person who is issued a citation within 30 calendar days of the date of issuance of the citation, to request an informal conference with the EO. Requires the EO to affirm, modify, or dismiss the citation, including any administrative fine assessed or order of abatement issued within 30 days following the informal conference. Authorizes the cited person to request a formal hearing if the citation is affirmed or modified following the informal conference if requested as specified. (16 CCR § 472.2)

This bill:

1. Authorizes the EO to issue administrative fines for violations of not less than $500 and not more than $20,000 for each violation of practicing or offering to practice civil, electrical, or mechanical engineering without a license, unless otherwise authorized by law.
2. Authorizes the EO to issue administrative fines for violations of not less than $500 and not more than $20,000 for each violation of practicing or offering to practice geology or geophysics without a license, unless otherwise authorized by law.
3. Establishes maximum fines for misdemeanor violations of license violations of the Land Surveyors Act as follows:
   1. The first conviction is punishable by a fine not exceeding $10,000, imprisonment in jail not exceeding six months, or both;
      
   2. The second conviction is punishable by a fine not exceeding $15,000, imprisonment in jail not exceeding six months, or both; and
      
   3. The third and subsequent conviction is punishable by a fine not exceeding $20,000, imprisonment in jail not exceeding six months, or both.
      
4. Authorizes the EO to issue administrative fines for violations of not less than $500 and not more than $20,000 for each violation of practicing or offering to practice land surveying without a license, unless otherwise authorized by law.

FISCAL EFFECT:

According to the Assembly Committee on Appropriations, BPELSG does not anticipate costs.

COMMENTS:

1. Purpose. This bill is jointly sponsored by the California & Nevada Civil Engineers and Land Surveyors Association (CELSA), California Land Surveyors Association (CLSA), and the American Council of Engineering Companies of California (ACEC). The Author states, “Assembly Bill 2435 will require unlicensed land surveyors be held accountable through tiered penalties including significant fines. Unlicensed land surveying threatens the safety of consumers and the public. By clearly creating a new penalty structure for unlicensed practices, this bill promotes professional accountability, helps consumers better understand the risks associated with unlicensed land surveying services, and appropriately dissuades bad actors.”
2. Background.

BPELSG and Unlicensed Activity. Enforcing unlicensed activity is a priority for all programs with the DCA. Unlicensed activity poses a risk to consumers who cannot be assured that the person with whom they are doing business is qualified to provide the services for which a license is required. In the case of land surveying, unlicensed activity can result in devastating financial harm to a consumer. Land surveying is the licensed professional practice of determining legal property boundaries and establishing the precise location of land features and improvements for purposes of ownership, development, engineering, and construction. Surveying underlies real estate transactions, subdivision maps, public infrastructure, utility placement, and the design and construction of buildings, roads, and other improvements throughout California. Because this work carries significant legal and public safety consequences, the state requires land surveyors to be licensed and held to professional standards of competence and accountability.

Additionally, it has been proven that when licensing laws are ignored, other laws, such as those applicable to wage and hour, workers’ compensation insurance, taxes and fees, and workplace safety are also not followed. Consequently, unlicensed activity also negatively impacts workers, taxpayers, and law-abiding businesses. According to the Joint Enforcement Strike Force 2023 Report on the Underground Economy, “The underground economy robs the state of an estimated $8.5 to $10 billion annually in uncollected tax revenue, money that could fund education, law enforcement, infrastructure investments, or reduce taxes for the majority of Californians who play by the rules.”

Unlicensed Practice of Land Surveying. In 2019, the BPELSG reported that it witnessed a spike in unlicensed activity, largely stemming from the advancement and democratization of technologies (i.e. Global Positioning System (GPS) and Ground Penetrating Radar (GPR) used to render land surveying and geophysical services. At the time, the BPELSG reported that the concern was not so much that laypersons were utilizing these tools, but that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitute the practice of land surveying and geophysics in California. BPELGS reported conducting outreach at industry events and formed a relationship with the California Facilities Safe Excavation Board. However, BPELSG continues to receive complaints about unlicensed activity and encounter businesses with no knowledge of the state’s licensing requirements. Professional stakeholders also contend that certain entities – such as public agencies, developers, and contractors – often perform activities that technically constitute licensed land surveying or civil engineering within their wider scope of work on a project.

In its 2023-24 Sunset Review Report, BPELSG stated it was seeking ways to enhance the effectiveness of its Enforcement Unit in addressing complaints related to unlicensed practice. While administrative citations are useful for public disclosure, they are not always effective in motivating violators to cease activity, particularly among businesses that can absorb relatively small administrative fines as the cost of doing business.

The increased fine maximums in this bill are intended to act as a deterrent to engaging in unlicensed activity. The wide fine range is intended to give the EO discretion to use the criteria in regulations, which inform and justify the assessed administrative fine. These criteria include: 1) The nature and severity of the violation; 2) The good or bad faith exhibited by the cited person; 3) The history of previous violations; 4) The extent to which the cited person has cooperated with the Board and the Board's investigation; 5) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation; 6) Any factors in extenuation or aggravation related to the violation; and 7) Other matters as may be appropriate. Thus, a person who was cited for the first time and cooperated with the Board would not receive a maximum fine, but a person who has a history of repeated offenses or their offenses have resulted in consumer harm may be issued larger fines.

Recent Amendments. Amendments were recommended by BPELSG to ensure the EO has clear authority to issue administrative fines, not only to seek out law enforcement willing to pursue misdemeanor prosecution. Additionally, as recommended by the Assembly Committee on Business and Professions, the amendments add similar language to each of the Board’s practice acts to standardize the Board’s enforcement operations.

Opposition Proposed Amendments - Contractor Use of Tools and Technology. Last year, AB 1341 (Hoover of 2025) would have authorized CSLB to take disciplinary action against a licensed contractor when the licensee was found to be in violation of the Architect, Landscape Architect, Professional Engineers, and Land Surveyors license laws. Contractor labor organizations raised late concerns that their members’ use of GPS, GPR, drones or other technology may subject licensed contractor employees to BPELSG license requirements and/or enforcement action. This argument was made despite years of contractors denying they engage in unlicensed land surveyor activity. AB 1341 was held in Appropriations on suspense.

This year, AB 2287 (Rodriguez of 2026) would have provided that contractors who use technologies, tools, and equipment in the course of performing construction work shall not be subject to disciplinary action. AB 2287 was pulled from consideration by the Author before being heard in the first policy committee. Meanwhile, AB 2435 moved through the Assembly without a single no vote and no opposition.

On June 1, 2026, amendments were proposed that would state the Land Surveyors Act does not prohibit a licensed contractor from using lawful tools, technologies, equipment, software, methods, or processes as long as the contractor does not hold themselves out as authorized to practice land surveying or offer to perform services for others that require licensure under the Act.

The Act does not prevent contractors (or anyone else) from using any tools, technologies, equipment, software, methods, or processes. This bill would not change that. In fact, in justifying the proposed amendments, the opposition stated:

These tools are commonly used for estimating, grading calculations, earthwork quantities, internal project layout, clash detection, as-built coordination, prefabrication, equipment guidance, quality control, and numerous other construction functions that fall squarely within the scope of a contractor's licensed activities. [emphasis added.]

A contractor using equipment to perform the scope of a contractor does not qualify as unlicensed activity as a land surveyor any more than a person using a GPS in their car or on their phone makes a person guilty of unlicensed activity as a land surveyor. For enforcement action to be taken, BPELSG would need to prove that the scope requiring a land surveyor’s license was being performed by an unlicensed person (not only contractors) or that a person was offering to perform the scope of a land surveyor, just as it was before this bill.

Because this bill only increases the penalties for unlicensed activity and does not address scope, the proposed amendments are not appropriate for this bill. Additionally, the evidentiary standards and appeals processes for administrative citations do not support the opposition concerns that they, “could be exposed to enhanced enforcement risk simply for utilizing industry-standard technologies in the ordinary course of construction, even when they are not offering, advertising, or performing services that require land surveyor licensure.”

To be charged with a misdemeanor, the Board must prove beyond a reasonable doubt that unlicensed activity occurred and local law enforcement must be willing to pursue prosecution. For administrative action, the evidentiary standard preponderance of the evidence; however, the Board must still prove that the scope of a land surveyor was being performed or services requiring a license were being offered. Simply using a tool would not meet the standard to uphold a citation through the appeals processes.

In accordance with BPC § 125.9, BPELSG regulations provide that each citation shall contain an assessment of an administrative fine, an order of abatement fixing a reasonable period of time for abatement of the violation, or both an administrative fine and an order of abatement. Additionally, BPELSG regulations require the program to inform the cited person that he or she may appeal the citation. The request may be for an informal appeal, formal appeal, or both. During an appeal, a cited person has an opportunity to demonstrate they were not operating within the scope for which they were cited or that they complied with the order of abatement.

A formal appeal is adjudicated by the Office of Administrative Hearings and a proposed decision is issued by an Administrative Law Judge (ALJ) who reviews the Board’s evidence and justification for the fine. During the formal appeal, the cited person has yet an opportunity to provide evidence that they should not have been cited, that they complied, that the fine was unfair, or argue any element of the investigation or citation they wish to contest.

Formal appeal hearings are held at no cost to the cited individual, but the cost is borne by the Board. Consequently, it is not in the Board’s best interest to issue an administrative citation to a person simply for using equipment without sufficient evidence of that person performing the scope of a land surveyor. Therefore, the assumption that this bill is a “direct assault on the legal security of frontline construction workers,” is not realistic in any sense.

1. Related Legislation. AB 2287 (Rodriguez of 2026) would have exempted a licensee who engages in the use of technologies, tools, and equipment in the course of performing construction work from disciplinary action. (Status: This bill was never considered in a policy committee of the Legislature.)

AB 1341 (Hoover of 2025) would have authorized the Contractors State License Board (CSLB) to take disciplinary action against a licensed contractor who is found to have violated license laws pertaining to the practices of architecture, landscape architecture, engineering, geology, geophysics, and land surveying. (Status: This bill was held in the Senate Committee on Appropriations.)

AB 3253 (Berman, Chapter 588, Statutes of 2024) extended the sunset date for the BPELSG until January 1, 2029, expanded the BPELSG's authority to take enforcement action against certain unlicensed activities, and made various other technical changes in response to issues raised during the sunset review process.

1. Arguments in Support. Supporters and co-sponsors, the American Council of Engineering Companies, California Land Surveyors Association, and California and Nevada Civil Engineers and Land Surveyors Association, Inc. write, “When land surveying is performed by unlicensed persons or performed negligently, the consequences can be serious. Consumers and property owners may face boundary disputes, title defects, encroachments, construction errors, delays, and substantial unexpected costs. Local public agencies and infrastructure providers may confront conflicts involving streets, utilities, drainage, rights-of-way, and other public improvements…Modeled on the existing graduated penalty structure for unlicensed contractors, the bill would impose stronger sanctions for repeat violations and make unlawful practice a more meaningful legal and financial risk rather than a minor cost of doing business. Stronger penalties improve deterrence, support more effective enforcement, and provide regulators and prosecutors with a clearer basis to escalate action against repeat offenders.”

The California-Nevada Conference of Operating Engineers writes, “Land surveying is a highly technical trade in the construction industry and involves the performance of surveys using mathematics and photogrammetry to establish property lines or boundaries of any parcel of land, right-of-way, and easements. These boundaries are used throughout an entire project to ensure construction plans are being followed correctly. AB 2435 (Chen) is a thoughtful bill that is simple in nature but will make clear the ramifications for those seeking to perform unlicensed land surveying.”

1. Arguments in Opposition. The Associate General Contractors of California, Construction Employers Association, Southern California Contractors Association, and United Contractors are opposed unless amended and write, “Today's construction industry routinely utilizes advanced technologies such as GPS equipment, robotic total stations, drones, laser scanning systems, machine-control technologies, BIM and layout software, digital mapping tools, and related technologies. These tools are commonly used for estimating, grading calculations, earthwork quantities, internal project layout, clash detection, as-built coordination, prefabrication, equipment guidance, quality control, and numerous other construction functions that fall squarely within the scope of a contractor's licensed activities. The use of these technologies does not, by itself, constitute the practice of land surveying. Yet because many of these same tools are also utilized by licensed surveyors, contractors are concerned that AB 2435's expanded enforcement provisions could create uncertainty regarding when the use of such technologies may be viewed as crossing into activities requiring a land surveyor's license.”

The California State Council of Laborers states, “By failing to provide an explicit safe harbor for these technologies, AB 2435 effectively turns standard 21st-century construction tools into ‘evidence’ of a crime:” Additionally, “draconian penalties will be weaponized in jurisdictional disputes. Instead of protecting consumers, the bill will encourage aggressive enforcement actions against traditional construction field operations, leading to massive project delays and cost overruns on critical public works.” Finally, “A laborer following a supervisor’s orders should not face a $20,000 fine and a jail cell because of an ambiguous ‘scope of practice’ boundary.”

1. Comments and Suggested Amendments.

The Board and the Assembly Committee on Business and Professions recommended aligning all practice acts administered by the Board to standardize enforcement operations across all license types; however, conforming amendments are needed to be made to the misdemeanor fines for the Professional Engineers Act and the Geologist and Geophysicist Act. Given that the bill is referred to the Senate Committee on Public Safety, amendments should be made in that committee before a hearing.

• Amend BPC § 6787 as follows:

A person who does any of the following is guilty of a misdemeanor:

(a) Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization. A violation of this subdivision is subject to the following penalties:

(1) A first conviction is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

(2) A second conviction is punishable by a fine not exceeding fifteen thousand dollars ($15,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

(3) A third or subsequent conviction is punishable by a fine not less than twenty thousand dollars ($20,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

(b) Presents or attempts to file as the person’s own the certificate of an engineer-in-training or the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate.

(c) Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training or a certificate of licensure.

(d) Impersonates or uses the seal, signature, or license number of a licensed professional engineer or uses a false license number.

(e) Impersonates or uses the certificate number of an engineer-in-training or uses a false certificate.

(f) Uses an expired, suspended, surrendered, or revoked certificate or license.

(g) Represents themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter.

(h) Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to Section 8726.1.

(i) Uses the title, or any combination of that title, of “professional engineer,” “licensed engineer,” “registered engineer,” or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or “engineer-in-training,” or makes use of any abbreviation of that title that might lead to the belief that the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter.

(j) Uses the title “consulting engineer” without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session.

(k) Violates any provision of this chapter.

• Amend BPC § 7872 as follows:

A person who does any of the following is guilty of a misdemeanor:

(a) Unless the person is exempt from licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization. A violation of this subdivision is subject to the following penalties:

(1) A first conviction is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

(2) A second conviction is punishable by a fine not exceeding fifteen thousand dollars ($15,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

(3) A third or subsequent conviction is punishable by a fine not less than twenty thousand dollars ($20,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

(b) Presents or attempts to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license.

(c) Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.

(d) Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.

(e) Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate.

(f) Uses an expired, suspended, surrendered, or revoked certificate or license.

(g) Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter.

(h) Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834.

(i) Uses the title, or any combination of that title, of “professional geologist,” “registered geophysicist,” or “professional geophysicist,” the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or “geologist-in-training,” or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.

(j) Violates any provision of this chapter.

SUPPORT AND OPPOSITION:

Support:

American Council of Engineering Companies

California & Nevada Civil Engineers and Land Surveyors Association

California Land Surveyors Association

International Union of Operating Engineers, Cal-Nevada Conference

Opposition:

Associated General Contractors of California

California State Council of Laborers

Construction Employers' Association

Southern California Contractors Association

United Contractors (UCON)

-- END --

Date of Hearing: May 6, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2435

Author:(Chen) – As Amended Ver:April 15, 2026

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

SUMMARY:

This bill creates a tiered penalty structure for persons convicted of practicing unlicensed land surveying.

Specifically, this bill:

1. Specifies the following penalties for a person found guilty of a misdemeanor for the unlicensed practice of land surveying:
2. A fine not exceeding $10,000 or up to six months in county jail, or both, for a first conviction.
3. A fine not exceeding $15,000 or up to six months in county jail, or both, for a second conviction.
4. A fine not less than $20,000 or up to six months in county jail, or both, for a third or subsequent conviction.

FISCAL EFFECT:

The Board for Professional Engineers, Land Surveyors, and Geologists (Board), within the Department of Consumer Affairs, anticipates no costs.

COMMENTS:

1. Purpose. This bill is co-sponsored by the California & Nevada Civil Engineers and Land Surveyors Association, the California Land Surveyors Association, and the American Council of Engineering Companies of California. According to the author:

Unlicensed land surveying threatens the safety of consumers and the public. By creating a new penalty structure for unlicensed practices, this bill promotes professional accountability, helps consumers better understand the risks associated with unlicensed land surveying services, and appropriately dissuades bad actors.

1. Background. Existing law, the Professional Land Surveyors’ Act, provides for the licensure and regulation of land surveyors by the Board. The act prohibits a person from practicing land surveying unless appropriately licensed or specifically exempted from licensure. Under the act, a person who practices, or offers to practice, land surveying without applicable legal authorization is guilty of a misdemeanor.

In 2019, the Board reported a spike in unlicensed activity, largely stemming from the advancement and availability of technologies, such as Global Positioning Systems (GPS) and Ground Penetrating Radar (GPR), used to render land surveying and geophysical services. At the time, the Board reported concerns that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitutes the practice of land surveying and geophysics in California.

As a result of discussions throughout the board’s 2024 sunset review process, AB 3253 (Berman), Chapter 588, Statutes of 2024, among other items, expanded the Board's authority to take enforcement action against certain unlicensed activities. However, the Board reports it continues to receive complaints about unlicensed activity and finds meaningful enforcement against unlicensed activity difficult.

Last year, the sponsors of this bill put forward AB 1341 (Hoover) to deter unlicensed land surveying and civil engineering activity. AB 1341 would have authorized the Contractors State License Board to discipline licensees for willful violation of engineering, land surveying, or architecture licensing requirements. AB 1341 was held on the Senate Appropriations Committee’s suspense file. This bill provides an alternative approach to deterring unlicensed land surveying activity by imposing a tiered system of penalties for misdemeanor convictions.

1. Related Legislation. AB 1933 (Hoover), of this legislative session, requires a county surveyor to return a record of survey to the respective licensed land surveyor or civil engineer that submitted it, and revises requirements related to a county surveyor’s examination of a submitted record of survey. AB 1933 is pending on the Assembly Floor.

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

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

ABPCA Bill Id:AB 2435

Author:Chen – As Amended Ver:April 15, 2026

SUBJECT: Land surveyors: practice without authorization: penalties.

SUMMARY: Specifies tiered penalties for a first, second, and third conviction related to the unlicensed practice of land surveying.

EXISTING LAW:

1. Provides for the licensure and regulation of land surveyors by the Board of Professional Engineers, Land Surveyors and Geologists (BPELSG) within the Department of Consumer Affairs (DCA) under the Professional Land Surveyor’s Act (Act). (Business and Professions Code (BPC) §§ 8700 et seq.)
2. Establishes various activities that, either in a public or private capacity, constitute the practice of land surveying, including but not limited to:
   1. Locating, relocating, establishing, reestablishing, or retracing the alignment or elevation for any of the fixed works embraced within the practice of civil engineering.
   2. Determining the configuration or contour of the earth’s surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry.
   3. Locating, relocating, establishing, reestablishing, or retracing any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.
   4. Making any survey for the subdivision or resubdivision of any tract of land.
   5. Determining the position for any monument or reference point that marks a property line, boundary, or corner, or setting, resetting, or replacing any monument or reference point.

(BPC § 8726)

1. Authorizes a licensed land surveyor to perform land planning in connection with the land surveying activities authorized under the Act. (BPC § 8761.2)
2. Establishes actions that make a person guilty of a misdemeanor, including:
   1. Practicing, or offering to practice, land surveying in this state without legal authorization,
   2. Presenting as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license,
   3. Attempting to file as their own any record of survey under the license of a professional land surveyor,
   4. Impersonating or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number, and
   5. Impersonating or uses the certificate number of a land surveyor-in-training or who uses a false certificate.
3. Authorizes a board, bureau, or commission within the DCA to establish a system for the issuance of a citation, not to exceed $5,000, where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto. (BPC § 125.9)
4. Authorizes a board, bureau, or commission within the DCA to establish a system for the issuance of a citation, not to exceed $5,000, to an unlicensed person who is acting in the capacity of a licensee or registrant under their jurisdiction. (BPC § 148)

THIS BILL:

1. Specifies the following penalties for a person found guilty of a misdemeanor for the unlicensed practice of land surveying:
   1. A first conviction is punishable by a fine not exceeding $10,000 or by imprisonment in a county jail for up to six months, or by both that fine and imprisonment,
   2. A second conviction is punishable by a fine not exceeding $15,000 or by imprisonment in a county jail for up to six months, or by both that fine and imprisonment; and
   3. A third or subsequent conviction is punishable by a fine not less than $20,000 or by imprisonment in a county jail for up to six months, or by both that fine and imprisonment.

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

COMMENTS:

Purpose. This bill is co-sponsored by the California & Nevada Civil Engineers and Land Surveyors Association, the California Land Surveyors Association, and the American Council of Engineering Companies of California. According to the author:

Unlicensed land surveying threatens the safety of consumers and the public. By creating a new penalty structure for unlicensed practices, this bill promotes professional accountability, helps consumers better understand the risks associated with unlicensed land surveying services, and appropriately dissuades bad actors.

Background.

The Board of Professional Engineers, Land Surveyors and Geologists. The Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG) is charged with safeguarding life, health, property, and public welfare by providing for the licensure and regulation of engineers, land surveyors, and geologists operating in the state of California. According to the BPELSG in their 2023-24 Sunset Review Report:

The highways, bridges, dams, waterways, buildings, and electrical and mechanical systems in buildings are all products of engineering. Consequences of poorly designed bridges or buildings include deaths and injuries as well as financial hardship to the property owner ultimately responsible for damages and reconstruction. Land surveyors help to define property boundaries. A miscalculation of property boundaries in a residential or commercial neighborhood could cause a property owner financial loss if the property is sold or improvements were constructed based on reliance upon an incorrect boundary. A structure could be located on another individual’s property, with concomitant major financial losses and inability to convey title. Geologists and geophysicists analyze the rock, soil, and groundwater resources in California and help to determine if active landslides, earthquake faults, or underground water supplies impact orderly and safe development or if they impact the health, safety or welfare of the public.

The BPELSG has a wide and varied scope, enforcing licensing requirements for the following professions: engineers, electrical engineers, land surveyors, mechanical engineers, professional geologists, and professional geophysicists, ensuring such professionals have the adequate training and competency necessary to perform their duties. Additionally, it enforces the title protection of licensed engineers operating in sub-specialty classifications. The BPELSG has operated in its current form since January 1, 2011. Prior to 2011, these distinct licensing professions operated under different and separate regulatory boards.

Unlicensed Practice of Land Surveying. In 2019, the BPELSG reported that it had witnessed a spike in unlicensed activity, largely stemming from the advancement and democratization of technologies (I.e. Global Positioning System (GPS) and Ground Penetrating Radar (GPR) used to render land surveying and geophysical services. At the time, the BPELSG reported that the concern was not so much that laypersons were utilizing these tools, but that unlicensed individuals were interpreting resulting data and making subsequent recommendations, which constitute the practice of land surveying and geophysics in California. The Board reported conducting outreach at industry events and formed a relationship with the California Facilities Safe Excavation Board. However, the Board continues to receive complaints about unlicensed activity and encounter businesses with no knowledge of the state’s licensing requirements. Professional stakeholders contend that certain entities—such as public agencies, developers, and contractors—often perform activities that technically constitute licensed land surveying or civil engineering within their wider scope of work on a project.

In its 2023-24 Sunset Review Report, the BPELSG stated that it is currently seeking ways to enhance the effectiveness of its Enforcement Unit in addressing complaints related to unlicensed practice. While administrative citations are useful for public disclosure, they are often not effective in motivating violators to actually cease activity. The internet is increasingly used for advertising these unlicensed services, complicating enforcement. Additionally, businesses that may be licensed under other Department of Consumer Affairs (DCA) entities, such as Contractors’ State Licensing Board (CSLB) licensees, can often absorb the cost of administrative fines related to unlicensed land surveying or civil engineering activity with otherwise minimal impact on their professional licensure. While the Board has authority, through administrative citation, to order individuals advertising in phone directories to disconnect telephone services regulated by the Public Utilities Commission (PUC), many unlicensed individuals operate through mobile telephone services, which are not regulated by the PUC. The Board states they are exploring new strategies, such as collaborating with online platforms to educate users about licensure requirements and remove illegal listings.

Throughout the BPELSG’s 2024 Sunset Review process, sponsors of this legislation worked with this Committee, and the Senate Committee on Business, Professions, and Economic Development to explore additional ways that Board staff might better combat unlicensed activity and uplift responsible actors, including the potential for increased and additional fines. These discussions resulted in substantive reforms that were contained in the AB 3252 (Berman, Chapter 558, Statutes of 2024), including expanding prohibitions related to the impersonation of a licensed engineer, land surveyor or geologist to also include the false use of “in-training” titles, requiring licensees to disclose the existence of professional liability insurance coverage in all client contracts, and additional business disclosure requirements to increase transparency. Nevertheless, meaningful enforcement against unlicensed activity by the BPELSG remains difficult.

Last year, the sponsors of this bill put forward AB 1341 (Hoover) in an attempt to deter unlicensed land surveying and civil engineering activity. That bill would have authorized the CSLB to discipline licensees for willful violation of engineering, land surveying, or architecture licensing requirements. However, AB 1341 was held on the Senate Appropriations suspense file. As a result, the sponsors have put forward this bill in an alternative approach to enforcement against unlicensed land surveying activity. Specifically, this bill establishes penalties for convictions of unlicensed land surveying according to the following tiers: $10,000 for the first conviction, $15,000 for the second, and $20,000 for the third. Additionally, each violation could be punishable by up to six months in county jail.

Current Related Legislation. AB 1933 (Hoover) requires a county surveyor to return a record of survey to the respective licensed land surveyor or civil engineer that submitted it, and revises requirements related to a county surveyor’s examination of a submitted record of survey. This bill is currently pending in the Assembly Appropriations Committee.

Prior Related Legislation. AB 1341 (Hoover) would have authorized the CSLB to discipline licensees for willful violation of engineering, land surveying, or architecture licensing requirements. This bill was held on the Senate Appropriations Committee suspense file.

AB 3253 (Berman), Chapter 588, Statutes of 2024, extended the sunset date for the Board of Professional Engineers, Land Surveyors, and Geologists until January 1, 2029, and made various other changes in response to issues raised during the sunset review process, including the requirement that licensed land surveyors to restore or rehabilitate any monument that is used as part of a survey to a permanent condition so that it may be referenced and used in the future.

ARGUMENTS IN SUPPORT:

This bill is co-sponsored by the California & Nevada Civil Engineers and Land Surveyors Association (CELSA), the California Land Surveyors Association (CLSA), and the American Council of Engineering Companies of California (ACEC). In a joint letter of support, they write: “AB 2453 is a measured and well-founded response to a longstanding, well-documented enforcement problem. It will help protect consumers and the public by improving transparency and by ensuring that unlicensed practice carries meaningful consequences.”

ARGUMENTS IN OPPOSITION:

There is no opposition to this bill.

POLICY ISSUE(S) FOR CONSIDERATION:

Proper Authority for the BPELSG. The author and sponsors argue that the intent of this bill is to empower regulators, particularly the BPELSG, with more tools to deter unlicensed practice. While this bill indeed would establish additional, more significant penalties in law for the unlicensed practice of land surveying, it does not actually empower the BPELSG to levy the fines. Like most other boards and bureaus under the DCA, the BPELSG is limited to assessing a fine of no more than $5,000 for violations of their practice acts (pursuant to BPC § 125.9 and § 148), and must have a specific authorization in each practice act they regulate in order to assess greater fines than $5,000 for respective violations. As such, the author and sponsors may wish to consider adding language to the bill that specifically authorizes the BPELSG to assess additional fines beyond those established by BPC § 125.9 and BPC § 148 should this bill move forward.

Enforcement of Other Unlicensed BPELSG Activities. Currently, the bill limits additional penalties to only the unlicensed practice of land surveying. However, the BPELSG has communicated to Committee staff that the unlicensed practice of the other professions they regulate—civil engineering, geology, and geophysics—is similarly problematic. As such, the ability for the BPESLG to levy additional fines against these unlicensed practices would be beneficial, as well. Should this bill move forward, it may be prudent to consider additional provisions that empower the BPELSG to levy increased citations against the unlicensed practice of civil engineering, geology, and geophysics.

REGISTERED SUPPORT:

American Council of Engineering Companies (Co-Sponsor)

California & Nevada Civil Engineers and Land Surveyors Association (Co-Sponsor)

California Land Surveyors Association (Co-Sponsor)

REGISTERED OPPOSITION:

There is no opposition on file.

Analysis Prepared by: Edward Franco / B. & P. / (916) 319-3301