PRINTER'S NO. 2980
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2101
Session of
2019
INTRODUCED BY EMRICK, GILLEN, JOZWIAK, MILLARD, PICKETT AND
READSHAW, DECEMBER 2, 2019
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
DECEMBER 2, 2019
AN ACT
Amending the act of May 23, 1945 (P.L.913, No.367), entitled "An
act relating to and regulating the practice of the profession
of engineering, including civil engineering, mechanical
engineering, electrical engineering, mining engineering and
chemical engineering, the profession of land surveying and
the profession of geology and constituent parts and
combinations thereof as herein defined; providing for the
licensing and registration of persons practicing said
profession, and the certification of engineers-in-training
and surveyors-in-training, and the suspension and revocation
of said licenses, registrations and certifications for
violation of this act; prescribing the powers and duties of
the State Registration Board for Professional Engineers, Land
Surveyors and Geologists, the Department of State and the
courts; prescribing penalties; and repealing existing laws,"
further providing for definitions, for continuing
professional competency requirements and for exemption from
licensure and registration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(a)(1), (c), (d) and (j) of the act of
May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
Surveyor and Geologist Registration Law, are amended and the
section is amended by adding subsections to read:
Section 2. Definitions.--As used in this act--
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(a) (1) "Practice of Engineering" shall mean the
application of the mathematical and physical sciences for the
design or analysis of public or private buildings, structures,
machines, equipment, processes, works or engineering systems,
and the consultation, investigation, evaluation[, engineering]
or surveys, construction management, modification and
alteration, planning and inspection in connection therewith, the
performance of the foregoing acts and services being prohibited
to persons who are not licensed under this act as professional
engineers unless exempt under other provisions of this act. The
term includes the performance of engineering land surveys.
* * *
(c) ["Engineer-in-Training"] "Engineer Intern," formerly
known as "engineer-in-training," means a candidate for licensure
as a professional engineer, who has been granted a certificate
as an engineer intern or the predecessor title of engineer-in-
training after successfully passing the prescribed written
examination in fundamental engineering subjects, and who shall
be eligible upon the completion of the requisite years of
experience in engineering, under the supervision of a
professional engineer, or similarly qualified engineer, for the
final examination prescribed for licensure as a professional
engineer.
(d) "Practice of Land Surveying" [means the practice of that
branch of the profession of engineering which involves the]
shall mean the authoritative acts of location, relocation,
establishment, reestablishment or retracement of any property
line or boundary of any parcel of land or any road right-of-way,
easement or alignment; the use of principles of land surveying,
determination of the position of any structure or permanently
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installed equipment in relation to monuments or reference
points, determination of the position of any monument or
reference point which marks a property line boundary, or corner
setting, resetting or replacing any such monument or individual
point including the writing of deed descriptions; the
performance of engineering land surveys; procuring or offering
to procure land surveying work for himself or others; managing
or conducting as managers, proprietors or agent any place of
business from which land surveying work is solicited, performed,
or practiced; the performance of the foregoing acts and services
being prohibited to persons who are not granted certificates of
registration under this act as a professional land surveyor
unless exempt under other provisions of this act. The term also:
(1) Includes, but is not limited to, the following
activities:
(i) The creation of maps and geospatial databases
representing authoritative locations for boundaries, the
location of fixed works or topography. This includes maps and
geospatial databases prepared by a person or government agency
if the data is provided to the public as a survey product.
(ii) Original data acquisition, or the resolution of
conflicts between multiple data sources, if used for the
authoritative location of features within the following data
themes:
(A) geodetic control;
(B) orthoimagery;
(C) elevation and hydrographic;
(D) fixed works;
(E) private and public boundaries; and
(F) cadastral information.
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(iii) Certification of positional accuracy of maps or
measured survey data.
(iv) Authoritative adjustment or interpretation of raw
survey data.
(v) GIS-based parcel or cadastral mapping used for
authoritative boundary definition purposes wherein land title or
development rights for individual parcels are or may be
affected.
(vi) Interpretation of maps, deeds and other land title
documents to resolve conflicting data elements with the intent
of being authoritative.
(vii) Acquisition of field data required to authoritatively
position fixed works or cadastral data relative to geodetic
control.
(viii) Analysis, adjustment or transformation of cadastral
data of the parcel layers with respect to the geodetic control
layer within a GIS resulting in the affirmation of positional
accuracy with the intent of being authoritative.
(2) Excludes the following activities:
(i) The creation of general maps:
(A) Prepared by private firms or government agencies for use
as guides to motorists, boaters, aviators or pedestrians.
(B) Prepared for publication in a gazetteer or atlas as an
educational tool or reference publication.
(C) Prepared for or by education institutions for use in the
curriculum of a course of study.
(D) Produced by an electronic or print media firm as an
illustrative guide to the geographic location of an event.
(E) Prepared by laypersons for conversational or
illustrative purposes. This includes advertising material and
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users guides.
(ii) The transcription of previously georeferenced data into
a GIS or LIS by manual or electronic means, and the maintenance
thereof, if the data is clearly not intended to indicate the
authoritative location of property boundaries, the authoritative
definition of the shape or contour of the earth or the
authoritative location of fixed works of individuals.
(iii) The transcription of public record data, without
modification except for graphical purposes, into a GIS or LIS
based cadastre, including tax maps and associated records, by
manual or electronic means, the maintenance of that cadastre and
dissemination of the cadastre if the data is clearly not
intended to authoritatively represent property boundaries. This
includes tax maps and zoning maps.
(iv) The preparation and dissemination of a document that
does not authoritatively define real property boundaries. This
includes civilian and military versions of quadrangle
topographic maps, military maps, satellite imagery and other
documents.
(v) The incorporation or use of documents or databases into
a GIS or LIS, including, but not limited to, Federal census and
demographic data, quadrangle topographic maps and military maps.
(vi) Original data acquisition, inventory maps and databases
created for nonauthoritative use by an organization, in either
hard copy or electronic form, of physical features, facilities
or infrastructure that are wholly contained within properties to
which they have rights or for which they have management
responsibility. The distribution of these maps or databases
outside the organization must contain appropriate metadata
describing, at a minimum, the accuracy, method of compilation,
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data sources and dates and disclaimers of use clearly indicating
that the data is not intended to be used as a survey product.
(vii) Maps and geospatial databases depicting the
distribution of natural resources or phenomena prepared by
foresters, geologists, soil scientists, geophysicists,
biologists, archeologists, historians or other persons qualified
to document the data.
(viii) Original data acquisition, maps and geospatial
databases depicting assets, features and events prepared by any
government agency where the access to that data is restricted by
statute.
(ix) Original data acquisition, maps and geospatial
databases created for use in, and support of, emergency
operations, including 911 dispatch.
(x) Nonauthoritative GIS or LIS and related activities
including, but not limited to, original data acquisition,
geospatial database development and maintenance and map creation
by any government organization.
* * *
(j) "Engineering Land Surveys" means surveys for: (i) the
development of any tract of land including the incidental design
of related improvements, such as line and grade extension of
roads, sewers and grading but not requiring independent
engineering judgment: Provided, however, That tract perimeter
surveys shall be the function of the Professional Land Surveyor;
(ii) the determination of the configuration or contour of the
earth's surface, or the position of fixed objects thereon or
related thereto for purposes of authoritative review, analysis
and determination of the location or as-built construction of
fixed assets or objects, the post-development contours, or for
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the purposes of designs based thereon by means of measuring
lines and angles and applying the principles of mathematics,
photogrammetry or other measurement, mapping or positioning
methods without regard to tools or technologies which currently
exist or which may be developed in the future, the application
of which means and methods involves professional understanding
as to the appropriate and safe usage; (iii) geodetic survey,
underground survey and hydrographic survey; (iv) storm water
management surveys and sedimentation and erosion control
surveys; (v) the determination of the quantities of materials;
(vi) tests for water percolation in soils; and (vii) the
preparation of plans and specifications and estimates of
proposed work and attendant costs as described in this
subsection. The term does not include any activity under
subsection (d)(2).
* * *
(u) "Agent" shall mean a person who is authorized to act for
another through employment, by contract or apparent authority.
(v) "Authoritative" shall mean presented as definitive when
used to describe products, processes, applications or data to be
used as a survey product.
(w) "Cadastre" as used in this act or rules promulgated
under this act, shall mean a register of property showing the
extent, value and ownership of land for taxation.
(x) "Contractor" shall mean a person or entity that enters
into a contract.
(y) "Geospatial technology" shall refer to equipment
necessary to acquire, process, store and analyze geospatial
data, including global positioning system or GIS.
(z) "GIS" shall mean an information system and related
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applications and infrastructure used to store, view, edit,
analyze and display geographical information and associated
attribute data related to positions on, above or beneath the
Earth's surface.
(aa) "Global Positioning System" shall mean a global
navigating satellite system and associated components that
provides geographic location information.
(bb) "LIS" shall mean an automated system used to
communicate with other units on vertical and horizontal flow of
logistics and maintenance information and status.
Section 2. Sections 4.5(c) and 5 are amended to read:
Section 4.5. Continuing Professional Competency
Requirements.--* * *
(c) Each licensee shall be required to obtain twenty-four
PDH units during the biennial renewal period. If a licensee
exceeds the requirement in any renewal period, a maximum of
twelve PDH units may be carried forward into the subsequent
renewal period. PDH units may be earned as follows:
(1) Successful completion of college courses relevant to
professional practice.
(2) Completion of continuing education courses relevant to
professional practice.
(3) Completion of [correspondence, televised, videotaped and
other short courses or tutorials relevant to professional
practice.] distance learning courses if the course relates to
professional practice and the PDH units awarded are verifiable
and measurable by the actual hours of instruction.
(4) Completion of seminars, employer-sponsored courses,
workshops or professional or technical presentations made at
meetings, conventions or conferences relevant to professional
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practice.
(5) Teaching, presenting or instructing in any of the
activities listed in clauses (1), (2), (3) and (4).
(6) Authoring published papers, articles or books relevant
to professional practice.
(7) Obtaining patents relevant to professional practice.
* * *
Section 5. Exemption from Licensure and Registration.--
Except as specifically provided in this section, this act shall
not be construed to require licensure and registration in the
following cases:
(a) The practice of engineering, land surveying or geology
by any person who acts under the supervision of a professional
engineer, professional land surveyor or geologist, respectively,
or by an employe of a person lawfully engaged in the practice of
engineering, land surveying or geology and who, in either event,
does not assume responsible charge of design or supervisions;
(b) The practice of engineering, land surveying or geology,
not exceeding thirty days in the aggregate in one calendar year,
by a nonresident not having a place of business in this
Commonwealth, if such person is legally qualified to engage in
the practice of engineering, land surveying or geology in the
state or territory of his residence: Provided, That the person
applies for reciprocity in this Commonwealth and that the
standards of such state or territory are at least equal to the
standards of this Commonwealth;
(c) The practice of engineering, land surveying or geology
by officers and employes of the United States Government for the
said government;
(d) Except as otherwise provided in subsection (g) of this
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section, the practice of engineering or land surveying by a
regular employe of a public utility company, as defined by the
Public Utility Code (66 Pa.C.S. § 101 et seq.) in connection
with the facilities of such public utility, which are subject to
regulation by the Pennsylvania Public Utility Commission:
Provided, That such public utility shall employ at least one
professional engineer, as defined in this act, who shall be in
responsible charge of such utility's engineering work and shall
employ at least one professional land surveyor, as defined in
this act, who shall be in responsible charge of such utility's
land surveying;
(e) The practice of architecture by a duly registered
architect, and the doing of such engineering work as is
incidental to his architectural work;
[(f) The practice of engineering, land surveying or geology
by any person or by any employe of any copartnership,
association or corporation upon property owned by such person or
such copartnership, association or corporation, unless such
practice affects the public safety or health or the property of
some other person or entity.]
(f.1) The practice of engineering or land surveying by a
regular employe or agent of an electric cooperative corporation,
as defined in 15 Pa.C.S. § 7302 (relating to application of
chapter), in connection with the facilities of the electric
cooperative, provided that the electric cooperative corporation
or agent thereof either shall employ at least one professional
engineer or professional land surveyor or belongs to a
Pennsylvania electric cooperative association that employs a
professional engineer or professional land surveyor.
(g) The practice of engineering, land surveying or geology
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work by a manufacturing, mining, communications common carrier,
research and development or other industrial corporation or by
employes of such corporation, provided such work is in
connection with or incidental to products of, or non-engineering
services rendered by, such corporation or its affiliates.
(h) The running of lines or grades and layout work on or
within established property limits, or from established points
outside the property limits to or within such property limits
when performed by a contractor or home builder in conjunction
with the construction, reconstruction, alteration, maintenance
or demolition of a structure or other facility.
(i) The writing of deed descriptions.
(j) The preparation of shop drawings or the performance of
construction management services by persons customarily engaged
in construction work.
(k) The practice of individuals providing geologic services
to businesses engaged in the exploration or development of gas
or oil.
(l) The practice of engineering, land surveying or geology
work by the employes, contractors or agents of a cable
television system, provider of enhanced telecommunications
services or provider of telecommunications services, if those
services are in connection with or incidental to products of, or
nonengineering, land surveying or geology services rendered by
the company.
Section 3. This act shall take effect in 60 days.
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