Bill Text: CA SB556 | 2019-2020 | Regular Session | Amended
Bill Title: Professional land surveyors and engineers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-06-06 - Referred to Com. on B. & P. [SB556 Detail]
Download: California-2019-SB556-Amended.html
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Amended
IN
Senate
May 21, 2019 |
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Amended
IN
Senate
April 29, 2019 |
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Amended
IN
Senate
April 11, 2019 |
| Senate Bill | No. 556 |
| Introduced by Senator Pan (Principal coauthor: Assembly Member Salas) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
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
(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)
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
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).
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.(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.
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.
