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TITLE 16, CALIFORNIA CODE OF REGULATIONS, DIVISION 5
BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS
NOTICE IS HEREBY GIVEN that the Board for Professional Engineers, Land
Surveyors, and Geologists (Board) is proposing to take the action described in the
Informative Digest. The Board does not intend to hold a hearing in this matter. If an
interested party wishes that a hearing be held, he or she must make the request in
writing to the Board no later than 5 p.m. on June 7, 2016. The Board, upon its own
motion or at the instance of any interested party, may thereafter adopt the proposals
substantially as described below or may modify such proposals if such modifications
are sufficiently related to the original text.
With the exception of technical or grammatical changes, the full text of any modified
proposal will be available for 15 days prior to its adoption from the person designated in
the Notice as the contact person and will be mailed to those persons who submit written
or oral testimony related to this proposal or who have requested notification of any
changes to the proposal.
Written comments, including those sent by mail, facsimile, or e-mail to the addresses
listed under Contact Person in this Notice, must be received by the Board at its office
no later than 5:00 p.m. on June 22, 2016.
Authority and Reference Citations:
Pursuant to the authority vested in Section 6716 of the Business and Professions Code,
and to implement, interpret or make specific Sections 6732, 6736, 6736.1, 6739,
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6751.2, 6753.5, 6763, and 6763.1 of Title 16 of the California Code of Regulations
(CCR) as follows:
INFORMATIVE DIGEST
It is the intent of the Board to ensure that its laws are clear, concise, efficient, and
necessary. Business and Professions Code Section 6716 authorizes the Board to
adopt, amend, and repeal regulations as may be reasonably necessary to enable the
Board to implement laws relating to the practices of engineering, land surveying,
geology, and geophysics. Pursuant to Sections 6710.1, 7810.1, and 8710.1, the
Board’s highest priority is the protection of the public through the administration of its
licensing, regulatory, and disciplinary functions. To that extent, the Board is proposing
regulatory amendments that will provide a clear date as to when an applicant’s
qualifying experience begins. Additionally, amendment of this regulation will more
clearly identify which licenses are covered under this section. Clarifying these sections
will maintain the Board’s mission to safeguard the life, health, property, and welfare of
the public.
AMEND SECTIONS 426.10, 426.14, and 426.50 OF TITLE 16 OF THE
CALIFORNIA CODE OF REGULATIONS.
Amend Title 16, California Code of Regulations Section 426.10 to indicate that
the experience “in responsible charge” as a structural engineer will begin on the
date the applicant is licensed as a professional civil engineer in California.
Amend Title 16, California Code of Regulations Section 426.14 to indicate that
this section applies to applicants that do not possess three (3) years of qualifying
experience beginning on date in which the applicant was licensed as a
professional civil engineer.
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Amend Title 16, California Code of Regulations Section 426.50 to add the titles
“Soils Engineer” and “Geotechnical Engineer” to this section of the regulations.
Additionally, amending Section 426.5 would indicate that the qualifying
experience would begin on the date the applicant is licensed as a professional
civil engineer in California.
POLICY STATEMENT OVERVIEW/ANTICIPATED BENEFITS OF PROPOSAL
The purpose and benefit of this proposed regulatory action is to clearly define the date
in which the qualifying experience begins and to define which licenses are included in
these sections. These amendments will help to maintain the Board’s mission to
safeguard the life, health, property, and welfare of the public by ensuring that applicants
have the appropriate experience.
CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS
After conducting a review for any regulations that would relate to or affect this area, the
Board has evaluated this proposed regulatory action and it is neither inconsistent nor
incompatible with existing state regulations.
FISCAL IMPACT ESTIMATES
Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies
or Costs/Savings in Federal Funding to the State:
This proposed regulatory action does not result in any significant expenditure to
public or state agencies.
Nondiscretionary Costs/Savings to Local Agencies:
This proposed regulatory action does not result in nondiscretionary costs or
savings to local agencies.
Local Mandate:
None.
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Cost to Any Local Agency or School District for Which Government Code
Sections 17500-17630 Requires Reimbursem*nt:
None
Business Impact:
The Board has made an initial determination that this proposed regulatory action
would have no significant statewide adverse economic impact directly affecting
business, including the ability of California businesses to compete with
businesses in other states.
Impact on Jobs/New Businesses:
The Board has determined that this proposed regulatory action will not have an
impact on the creation of jobs or new businesses or the elimination of jobs or
existing businesses or the expansion of businesses in the State of California.
Cost Impact on Representative Private Person or Business:
The Board is not aware of any cost impacts that a representative private person
or business would necessarily incur in reasonable compliance with the proposed
action.
Effect on Housing Costs:
None
EFFECT ON SMALL BUSINESS
The Board has determined that the proposed regulations would not affect small
businesses. The proposed regulations relate specifically to the qualifying experience of
an individual, which does not have an impact on how a small business operates.
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RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS:
Impact on Jobs/Businesses:
The Board has determined that this regulatory proposal will not have a significant
impact on the creation of jobs or new businesses or the elimination of jobs or
existing businesses or the expansion of businesses in the State of California.
Benefits of Regulation:
The Board has determined that this regulatory proposal will have the following
benefits to health and welfare of California residents, worker safety, and the
State’s government:
The purpose and benefit of this proposed regulatory action is to ensure
the health and welfare of California residents because it ensures that the
applicants have the appropriate experience required as defined in Title 16
CCR, Sections 426.10, 426.14, and 426.50.
The purpose and benefit of this proposed regulatory action benefits
worker safety because it ensures that the applicants have the experience
required as defined in Title 16 CCR, Sections 426.10, 426.14, and 426.50.
CONSIDERATION OF ALTERNATIVES
The Board must determine that no reasonable alternative it considered to the regulation
or that has otherwise been identified and brought to its attention would either be more
effective in carrying out the purpose for which the action is proposed, would be as
effective and less burdensome to affected private persons than the proposal described
in this Notice, or would be more cost effective to affected private persons and equally
effective in implementing the statutory policy or other provision of law.
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INITIAL STATEMENT OF REASONS AND INFORMATION
The Board has prepared an initial statement of reasons for the proposed action and has
available all the information upon which the proposal is based.
TEXT OF PROPOSAL
Copies of the exact language of the proposed regulations and of the initial statement of
reasons, and all of the information upon which the proposal is based, may be obtained
upon request from the Board at 2535 Capitol Oaks Drive, Suite 300, Sacramento,
California 95833.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND
RULEMAKING FILE
All the information upon which the proposed regulations are based is contained in the
rulemaking file which is available for public inspection by contacting the person named
below. You may obtain a copy of the final statement of reasons, once it has been
prepared, by making a written request to the contact person named below or by
accessing the website listed below.
CONTACT PERSON
Inquiries or comments concerning the proposed rulemaking action may be addressed
to:
Name: Billie Baldo
Address: 2535 Capitol Oaks Drive, Suite 300
Sacramento, CA 95833
Telephone No.: (916) 263-2277
Fax No.: (916) 263-2246
E-Mail Address: [emailprotected]
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The backup contact person is:
Name: Kara Williams
Address: 2535 Capitol Oaks Drive, Suite 300
Sacramento, CA 95833
Telephone No.: (916) 263-5438
Fax No.: (916) 263-2246
E-Mail Address: [emailprotected]
WEBSITE ACCESS: Materials regarding this proposal can be found at
www.bpelsg.ca.gov.
