Ward Tabor
Legislative Analyst

Last session, the Legislature enacted a statute which requires the Department of Consumer Affairs to conduct a review of specific engineering branch titles and to report its findings and recommendations to the Legislature by September 1, 2001. This session, the Legislature passed and the Governor signed SB 26 (Figueroa), which gave the Department more time (until September 1, 2002) to prepare the report to the Legislature. Last session’s legislation required the Department to hire an independent consultant to conduct the specified review.

The Department of Consumer Affairs entered into an agreement with the Institute for Social Research (ISR), with California State University Sacramento, to perform a review of the engineering disciplines regulated by the Board for Professional Engineers and Land Surveyors as outlined in B&P Code 6704.1. The primary areas covered to date (in no particular order) include gathering data from the National Council of Examiners for Engineering and Surveying (NCEES) concerning the registration/licensing (nationwide) of engineering/land surveying disciplines, the makeup of the regulatory board/commission, legislative authorities for examination/licensing, types of examinations given, degree requirements for licensing, and curriculums of engineering schools. The ISR is also gathering data from Employment Development Department (occupational surveys), identifying which engineering branches/titles are regulated and not regulated by state. Future activities include comparing engineering curriculums to measure any overlap of requirements for separate branches of engineering and comparing similar state engineering regulated disciplines to California.

There are ten remaining title acts in question: agricultural, chemical, control systems, fire protection, industrial, manufacturing, metallurgical, nuclear, petroleum and traffic engineering. As of January 1, 1999, the Legislature eliminated examinations in three title acts (corrosion, quality and safety). One of the basis issues for the Department is how the public is protected by granting engineers a license which regulates the use of the title but not the practice. At present, anyone, registered or not, can legally practice any title-act discipline as long as it doesn’t fall within civil, mechanical or electrical engineering. In addition, if there is a Board enforcement action against a title-act engineer, the Board can revoke the title-act license, but the individual can still practice that disciple (but cannot use the title).

The vast majority of engineers licenses in title-act disciplines are employed by exempt industries. There are licensing exemptions for engineers who work for industrial corporations, public utilities and the federal government. In 1998, the industrial exemption was broadened to include temporary employees, contract employees, and those hired through third-party contracts. Very few title-act engineers consult to the general public. Notable exceptions are fire protection and traffic engineers. Some government agencies require certain documents to be approved (stamped) by a fire protection engineer on fire protection designs or from a traffic engineer on traffic studies or designs.

The report due to the Legislature will make recommendations relative to the possible elimination of the title acts, without endangering the health, safety, property, or welfare of the public. The title acts could be eliminated completely or converted to practice acts.