Updated July 29, 2010


California Legislative Council
of Professional Engineers



Added February 22, 2010:
Hearing on SB 275 on 11 JAN 2010

SB 275, a bill to correct the broken State Engineers' Act, was heard in the Senate Business and Professions (B&P) Committee on 11 JAN 2010. Although the bill had no votes of opposition (2 to 0), it failed passage due to lacking a majority of the voters of the Senate B&P Committee. The Chair of the B&P Committee committed to getting a compromise. SB265 was amended on January 4, 2010, prior to the hearing.

- Amended Version (Jan 4, 2010). , - Committee Analysis (Jan 6, 2010). - Committee Vote (Jan 11, 2010).
Industry supports SB 275
  1. California Farm Bureau Federation--SB 275 co-sponsor and lobbyist
  2. Chemical Industry Council of California--SB 275 co-sponsor and lobbyist
  3. California Manufacturers and Technology Association--lobbyist
  4. Southern California Edison--lobbyist
  5. Western Growers Association--lobbyist
  6. California Independent Oil Marketers Association--lobbyist
  7. Goodrich Corporation--lobbyist
  8. California Agricultural Irrigation Association--lobbyist




SB 275 is amended on January 2, 2010

Senator Gloria Negrette-McLeod, Chair of the Senate Business and Profession Committee, requested that SB 275 be modified. The modification was to show the opposition, PECG (Professional Engineers in California Government) and ACEC of CA (American Council of Engineering Consultants of California, formerly known as CELSOC) that proponents in favor of SB 274 were willing to compromise to correct the broken State Engineers' Act. The current definition of civil engineering in the State Engineers' Act is so broad that it essential includes activities conducted by all disciplines of engineering. Then it says only civil engineers can conduct civil engineering, thereby making it illegal for all non-civil engineers from conducting their own profession. The bill was modified to eliminate the proposal that any licensed engineer, competent based on formal education or "on the job experience", could overlap and conduct activities defined in State law as the exclusive area of expertise of only civil engineers.

The modified bill proposed to

  1. recognize all engineers in California as 1st class engineers, if they take and pass the same nation-wide exam given by NCEES to recognize engineers in the remaining 49 states as Practice Engineers;
  2. allow all non-civil, mechanical, and electrical engineers to overlap and conduct activities in the remaining engineering disciplines, if the engineer was competent in that area of engineering (based on formal education or "on the job experience");
  3. continue to allow the existing practice in State law that allows civil engineers to overlap and conduct all activities of every engineering discipline

Read SB276 as amended January 4, 2010 .




Hearing on SB 275 on April 20, 2009

The first hearing on SB275 was before the State Senate Business, Professions and Economic Development Committee and it occurred on April 20, 2009. It was an eye opener for us engineers, who do not know how legislation is made. Listen to the MP3 audio file of the hearing in which arguments are made for and against the bill. SB275, was defeated, but granted a re-hearing. As a result of comments made by the opposition, the bill text has been altered to try and convince the legislators that the objections of the lobbyist representing PECG (the state union of engineers, mainly Caltrans civil engineers) and the lobbyist from ACEC of California (mainly large civil contractors) are frivolous, self-serving and not in the best interest of sound engineering practice.

Those speaking at the hearing were Sen Mimi Walters , who introduced SB275, other committee members, Don Reisner (CLCPE lobbyist), the lobbyist for the Professional Engineers in Calif Govt (state engineers' union), a representative from American Council of Engineering Companies (civil engr contractors trade org), and any others speaking in favor of the bill to the committee. All speakers were "for" the bill except PECG and ACEC, both of whom are large campaign contributors.




"Why Must California Be Different?"

by James W. Foley, Jr., P.E., S.E., G.E., Former President
California Board of Professional Engineers and Land Surveyors

Jim Foley was the former President of BPELS from 1 JUL 04 to 30 JUN 05. He is a licensed professional engineer (PE) in civil, structural, and geotechnical engineering. When President, he wrote an article that reviews why the State Engineers' Act is different in California from all other States. Why should engineers take the exact same nationwide PE exam from NCEES and become 2nd Class engineers in California if they get their PE in any discipline except civil? Why must a non-civil engineer have to take years from their life to study and pass the civil PE exam, with no intension of practicing civil engineering, in order to legally perform their chosen non-civil engineering profession in California? Why is California different? Click the title, above, to read Jim's analysis.





Senator Mimi Walters Introduces SB275

Official SB275 Site

SACRAMENTO, Calif., Feb. 24, 2009 - Senator Mimi Walters introduced Senate Bill SB275 on February 24, 2009, which is intended to correct flaws in the existing State Engineers' Act as recommended by the Board of Professional Engineers and Land Surveyors (BPELS) . The bill would bring California law into line with that of all other US states and territories having professional engineering laws. It would also reduce costs and increase efficiency for users of contracted engineering services. Users who would benefit from passage of SB275 include cities, counties, water districts, state agencies, small business, corporations, utilities and others.

SB275 is cosponsored by California Farm Bureau Federation and Chemical Industry Council of California to acknowledge all recognized engineering disciplines in California as being equal. Passage of this bill will allow entities that hire engineers to hire the engineering discipline of their choice.

The California Legislative Council of Professional Engineers (CLCPE) supports SB 275, which is a reform of the Professional Engineers Act.

California regulates the profession of engineering in a manner that is different from any other state. Most states recognize all engineering disciplines as equal in importance. California is unique in that the only engineering discipline that is given complete respect is civil engineering. Only a licensed civil engineer is able to perform civil engineering (California Business and Professions Code Section 6704 ). The definition of civil engineering applies to fixed works and encompasses any engineering activity relating to them (B&P Code Sections 6731 & 6731.1 ). These statutes both increase costs and restrict availability of expertise.

Companies need and use the services of engineers in all disciplines, not just civil engineers. State agencies are aware of the restrictive nature of the law. Its restrictions are continuously expanding. Regional water boards, Department of Toxic Substances Control ( DTSC ) and other agencies frequently refuse to accept engineering designs from other engineering disciplines. A chemical engineer is restricted from providing designs to address pollution or contaminated sites, even if they are the most qualified to treat the hazard. Office of Statewide Health Planning and Development ( OSHPD ), the agency that regulates the design of health facilities, will not accept a fire protection design performed by a fire protection engineer, even if necessary to protect patients.

SB 275 will allow all engineers to provide engineering services if they are competent. It will eliminate arbitrary restrictions on those services, reduce costs by eliminating redundancy and expediting projects, and it will encourage those entering the profession to explore fields they are most interested in, not just the one favored by the state. Public safety, the primary reason to license engineers, will be enhanced by freeing the appropriate discipline for the task at hand from an arbitrary subversion to another discipline. Civil engineering will be given its appropriate focus, which is to design structures to withstand loads and dynamic forces. Civil engineers, along with all other engineers, will be able to provide services in other areas of engineering, if they are competent for the job.

We ask for your favorable consideration of SB 275.



Walter Okitsu, CLCPE Executive Board member, to speak
August 26, 2008, Los Angeles County (Note new date)
Topic: CLCPE and the Status of the PE License

Details and to RSVP
No cost to attend for members of CLCPE member organizations.




California Dept of Consumer Affairs: THE ENGINEERING TITLE ACT STUDY


California Legislative Council
of Professional Engineers


Member organizations include American Institute of Chemical Engineers (AIChE), American Nuclear Society (ANS), American Society of Agricultural and Biological Engineers (ASABE), American Society of Mechanical Engineers (ASME), California Industrial Engineers, California Manufacturing Engineers, California Society of Professional Engineers (CSPE), Institute of Electrical & Electronic Engineers (IEEE), ISA - The International Society of Automation (ISA, formerly Instrument Society of America), Mechanical Engineers Association of California (MEAC), Registered Traffic Engineers of America, and Society of Fire Protection Engineers (SFPE).

For information about the CLCPE, please contact the President, download the official organization brochure ( Low Resolution, 425K or High Resolution, 8.4MB ) or click on the thumbnails below to read online.

Robert A. Katin, P.E., President
California Legislative Council of Professional Engineers
(925) 755-1150 Telephone
(925) 754-8524 Fax
rakatin@pacbell.net














Thanks to action taken by CLCPE in JUL-SEP 2000, we were able to modify State Senate Bill 2030 (SB 2030) to require the Engineering Board (BPELS) to retain an independent consultant to evaluate the State Engineers' Act. SB 2030 became law in JAN 2001, and Cal State Sacramento Institute of Social Research (ISR) was retained in JUN 2001. After spending over $400,000, ISR completed their Study and submitted it to the Engineering Board's boss (DCA) in SEP 2002. As a result of the Study conducted by ISR, the Engineering Board (BPELS) drafted legislation and sponsored SB 246 in JUN 2005. This bill was going to fix the broken State Engineers' Act, correcting deficiencies noted in the ISR Study. Virtually everyone supported the bill, from Fortune 500 companies, engineering firms, regulatory agencies, associations, over 100 Professional Engineers in California Government (PECG) members, and seven Deans of Schools of Engineering from prominent California universities. See list of supporters . Even though the majority of PECG members that were contacted had never heard of SB 246, PECG leadership directed their lobbyist to lobby against the bill. So a bill written by the Engineering Board to correct the State Engineers' Act was unfortunately defeated by PECG.

California Department of Consumer Affairs
THE ENGINEERING TITLE ACT STUDY:
The Practice/Title Act Distinction and
Protection of Public Health, Safety and Welfare

November 2002
Download report

Recommendation #1a: Remove all prohibitions against overlapping practice between engineering disciplines from the Professional Engineers Act and Board Rules.

Recommendation #1b: Give all regulated disciplines the right to responsible charge of engineering projects when justified by their education and experience. Supportive

Recommendation #2: Eliminate title protection and offer practice protection to all regulated disciplines.

Recommendation #3a: The Board of Professional Engineers and Land Surveyors should track engineering degrees, examinations taken (including the depth module where appropriate) and job experience at time of application for licensing as a means of identifying areas of expertise and assessing policies associated with exam administration. Limited information on licensees should be available to the public.

Recommendation #3b: If the justification for licensing is protection of public health, safety and welfare, and if the state recognizes engineering as a field with the potential for significant social harm, then the state should accept the responsibility of maintaining useful records on applicants for licensure and complaints against licensees so that evaluative questions can be asked of the data.

Recommendation #4: The legislature should mandate the reporting of legal actions, including out-of-court settlements, against engineers, licensed or unlicensed, and against corporations engaged in engineering activities, to the Board.

Recommendation #5a: Develop better information on the public health, safety and welfare impacts of engineering branches before making regulatory distinctions between them. Only when legal actions are reported and more comprehensive complaint data and insurance premium and claims data are available can the state determine whether there is any justification for deregulating currently regulated disciplines. Current information relevant to the Sunrise criteria supports extending practice protection to all currently regulated disciplines. If stronger data becomes available, the need for continuing regulation can be evaluated at that time.

Recommendation #5b: Accept as new regulated disciplines those with an NCEES or California-developed examination if their assessment under the Sunrise Criteria is comparable to existing regulated disciplines.

Recommendation #6a: California's legislature, Board and engineering organizations should work closely with NCEES to standardize the goals, methodologies and analytical techniques used in its job analyses across all engineering disciplines.

Recommendation #6b: Both California and NCEES should maintain nonproprietary data files describing the job analyses to assist educators and licensing boards in understanding and tracking changes in the field.



Download the complete 290-page study, PDF (engineer.zip, 3.5MB)





Member Organizations

American Institute of Chemical Engineers (AIChE)
AIChE Northern California Section
AIChE Southern California Section

American Nuclear Society (ANS)

American Society of Agricultural and Biological Engineers (ASABE)
ASABE California/Nevada Section

American Society of Mechanical Engineers (ASME)

California Industrial Engineers

California Manufacturing Engineers

California Society of Professional Engineers (CSPE)

Institute of Electrical & Electronic Engineers (IEEE)

International Society of Automation (ISA, formerly Instrument Society of America)
ISA Los Angeles Section
ISA San Diego Section
ISA Central California Section

Mechanical Engineers Association of California (MEAC)

Registered Traffic Engineers of America

Society of Fire Protection Engineers (SFPE)
SFPE Southern California Chapter
SFPE San Diego Chapter
SFPE Northern California/Nevada Chapter





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