Compare Versions


Bill PDF |Add To My Favorites | print page

SB-556 Professional land surveyors and engineers.(2019-2020)



Current Version: 05/21/19 - Amended Senate

Compare Versions information image


SB556:v96#DOCUMENT

Amended  IN  Senate  May 21, 2019
Amended  IN  Senate  April 29, 2019
Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 556

Introduced by Senator Pan
(Principal coauthor: Assembly Member Salas)

February 22, 2019

An act to amend Sections 6731.1 and 8726 of, and to add Sections 8728.5, 8790.1, and 8793 to, add Section 8728.5 to the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 556, as amended, Pan. Professional land surveyors and engineers.
(1) The Professional Engineers Act and the Professional Land Surveyors’ Act provides for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of those acts that act is a misdemeanor.

Under those acts, a land surveyor or civil engineer includes a person who locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as defined. Existing law also includes within the practice of a land surveyor or civil engineer a person who 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, or engages in geodetic or cadastral surveying, as defined.

This bill would revise the practice of land surveying and civil engineering to, among other things, include the laying out through the use of mathematics or geometric measurements the alignment or elevation for any building or other fixed works embraced within the practice of civil engineering, and, for land surveying, would specify that these include items designed within the practice of electrical engineering or mechanical engineering. The bill would also include within the practice of land surveying and civil engineering determining the benthic surface below water bodies and the measuring for volumetric calculations of earthwork and would include the use of remote sensing, as defined, for making certain determinations. The bill would modify the definition of geodetic surveying, for purposes of the Professional Land Surveyor Act, to mean performing surveys by using techniques or methods of three-dimensional data acquisitions, and make conforming changes to that effect.

By expanding the practices that constitute civil engineering and land surveying, thereby expanding the persons subject to the act, the violation of which is a crime, the bill would impose a state-mandated local program.

(2)Existing

Existing law requires fees and civil penalties received pursuant to the Professional Land Surveyors’ Act to be deposited in the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund, and continuously appropriates those funds to the board for purposes of the act.
This bill, on and after January 1, 2022, would prohibit a business, except for a sole proprietorship or a limited liability company, from engaging in the practice of, or offering services for, land surveying in this state unless that business obtains a certificate from the board. The bill would require the board to develop a process to that effect, including developing an application form that meets certain requirements, including that the applicant pay a fee, as determined by the board, for that certificate and a process to renew and revoke a certificate. This bill would authorize the board to impose a fine, as specified, on a business that performs land surveying without a certificate. By authorizing additional fees and penalties to be deposited into a continuously appropriated fund, this bill would make an appropriation. By expanding the scope of the existing crime with respect to giving false evidence to the board, crime with regard to violations of the Professional Land Surveyors’ Act, this bill would impose a state-mandated local program.

(3)Existing law requires the board to enforce all of the provisions of the act, and to prosecute all violations of the act that come to its notice.

This bill would require the board to send a copy of each valid complaint, as defined, to all boards that regulate the health and safety of persons working on construction, building, or infrastructure projects, as well as all boards that regulate the wages and other labor requirements related to those persons.

(4)

(2) 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.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Section 6731.1 of the Business and Professions Code is amended to read:
6731.1.

Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following:

(a)Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.

(1)This subdivision shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with the applicable building codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work which the contractor has contracted to perform.

(2)For purposes of this subdivision, “buildings” means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.

(b)(1)Determines the configuration or contour of the earth’s surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or the position of manmade or natural fixed objects above, on, or below the surface of earth by applying the principles of mathematics, photogrammetry, or remote sensing.

(2)For purposes of this subdivision, “remote sensing” means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earth’s surface, or the position of fixed objects above, on, or below the surface of the earth.

(c)Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a) and (b).

(d)Renders a statement regarding the accuracy of maps or measured survey data pursuant to subdivisions (a), (b), and (c).

SEC. 2.Section 8726 of the Business and Professions Code is amended to read:
8726.

A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:

(a)Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731, including, but not limited to, any items designed within the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6

(1)This section shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems of facilities in accordance with the applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work the contractor has contracted to perform.

(2)For purposes of this subdivision, “buildings” means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.

(b)(1)Determines the configuration or contour of the earth’s surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or the position of manmade or natural fixed objects above, on, or below the surface of the earth by applying the principles of mathematics, photogrammetry, or remote sensing.

(2)For purposes of this subdivision, “remote sensing” means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earth’s surface, or the position of fixed objects above, on, or below the surface of the earth.

(c)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.

(d)Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code).

(e)By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.

(f)Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, by using techniques or methods of three dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the geospatial establishment of three dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.

(g)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 subdivisions (a), (b), (c), (d), (e), and (f).

(h)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 the person practices or offers to practice land surveying in any of its branches.

(i)Procures or offers to procure land surveying work for themselves or others.

(j)Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced.

(k)Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter.

(l)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 subdivisions (a) to (f), inclusive.

(m)Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a), (b), (c), (d), (e), (f), (k), and (l).

(n)Renders a statement regarding the accuracy of maps or measured survey data.

Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced.

The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying.

(o)Nothing in this section shall require the use of a licensed land surveyor for underground utility locating and subsurface imaging that is not required under this chapter as it read on January 1, 2018.

SEC. 3. SECTION 1.

 Section 8728.5 is added to the Business and Professions Code, to read:

8728.5.
 (a) For purposes of this section, “business” means a partnership, general partnership, limited liability partnership, or corporation. However, “business” does not include a sole proprietorship or a limited liability company. Nothing in this section requires a certificate for any form of corporation or partnership otherwise prohibited in this chapter from offering or providing land surveying services.
(b) A business shall not engage in the practice of, or offer services for, land surveying, as defined in Section 8726, in the state, unless that business obtains a certificate from the board pursuant to the requirements of this section.
(c) The board shall create a process to certify a business practicing land surveying. As a part of that process, the board shall establish an application form for a business to apply for certification, that shall contain all of the information required by subdivision (d), as well as any other information the board determines is necessary or convenient to administer this section.
(d) A business shall apply for a certificate to practice land surveying by submitting an application form to the board. The board may develop rules and regulations governing the conditions under which a certificate shall be granted, including, but not limited to, taking into consideration whether the business has submitted the following requirements to the board:
(1) A completed application form that includes all of the following:
(A) The name and address of the business applying for the certification.
(B) The name and current state license number of the professional land surveyor or civil engineer who will be the responsible charge of work of the business.
(C) The name of the partners in a partnership, general partnership, or limited liability partnership, or the names of the majority stockholders of a corporation.
(D) The signature and title of an agent authorized by the partnership, general partnership, limited liability partnership, or corporation to submit the application.
(2) (A) The board shall charge an application fee as determined pursuant to Section 8805.
(B) The board may develop rules and regulations governing both of the following:
(i)  The circumstances when the board may require a business to seek a renewal of an existing certificate, including, but not limited to, consideration of a business’s change of ownership.
(ii) The circumstances when the board may revoke an existing certificate.
(3) A copy of a resolution by the partners of a partnership, the general partners of a general partnership or a limited liability partnership, or the board of directors of a corporation that designates an individual in the business with a current license issued by this state for the practice of land surveying or civil engineering who is authorized to practice surveying that is the responsible charge for work and that has the authority to make all final decisions in the practice of land surveying on behalf of the business.
(4) A copy of the partnership agreement of a partnership, general partnership, or limited liability partnership, the articles of incorporation or the bylaws of a corporation.
(e) A business that is organized or incorporated in a state or territory outside of California shall not offer land surveying services in California unless that business obtains a certificate under this section and complies with all other requirements of this chapter.
(f) This section shall become operative on January 1, 2022.

SEC. 4.Section 8790.1 is added to the Business and Professions Code, to read:
8790.1.

(a)Upon receipt of a valid complaint, the board shall send a copy of the complaint to the following state boards:

(1)Boards that regulate the health and safety of persons working on construction, building, or infrastructure projects.

(2)Boards that regulate the wages and other labor requirements related to persons working on construction, building, or infrastructure projects.

(b)For the purposes of this section, “valid complaint” means one for which the board determines that a violation of this chapter may have or is likely to have occurred.

(c)It is the intent of the Legislature in enacting this section to ensure these state boards are made aware of the possible need to further investigate and regulate the cited business, as defined by subdivision (a) of Section 8728.5.

SEC. 5.Section 8793 is added to the Business and Professions Code, to read:
8793.

Any business, as defined in subdivision (a) of Section 8728.5, that performs land surveying without a certificate obtained under Section 8728.5 shall be subject to the board’s citation authority pursuant to Section 148. For purposes of this section, and notwithstanding Section 125.9, the board may impose fines on a business described in this section, in an amount that is higher than the maximum authorized in Section 125.9, if the board concludes it is necessary to deter violations of this chapter.

SEC. 6.SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.