Regular Session 2021-2022 House Bill 0609 P.N. 1281

PRIOR PRINTER'S NO. 572

PRINTER'S NO. 1281

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

609

Session of

2021

INTRODUCED BY EMRICK, HELM, JOZWIAK, MARSHALL, MILLARD, SAYLOR,

ZIMMERMAN, QUINN AND TOOHIL, FEBRUARY 24, 2021

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF

REPRESENTATIVES, AS AMENDED, APRIL 19, 2021

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 procedure for

licensing as professional engineer, 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--

(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.

* * *

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 OBJECTS 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

SURVEYING 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;

(D) fixed works OBJECTS ;

(E) private and public boundaries; and

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(F) cadastral information.

(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 OBJECTS 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.

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

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illustrative purposes. This includes advertising material and

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 OBJECTS 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

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describing, at a minimum, the accuracy, method of compilation,

data sources and dates and disclaimers of use clearly indicating

that the data is not intended to be used as a survey SURVEYING

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.

(XI) ACTIVITIES BY A LICENSED LANDSCAPE ARCHITECT OR A

LICENSED GEOLOGIST PERFORMED PURSUANT TO THE LICENSED LANDSCAPE

ARCHITECT'S OR LICENSED GEOLOGIST'S SCOPE OF PRACTICE.

* * *

(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;

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(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 postdevelopment contours, or for

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 SURVEYING product.

(w) "Cadastre" 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.

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(y) "Geospatial technology" shall refer to equipment

necessary to acquire, process, store and analyze geospatial

data, including GPS or GIS.

(z) "GIS" shall mean Geographic Information System, an

information system and related 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) "GPS" shall mean Global Positioning System, a global

navigating satellite system and associated components that

provides geographic location information.

(bb) "LIS" shall mean Logistics Information System, an

automated system used to communicate with other units on

vertical and horizontal flow of logistics and maintenance

information and status.

Section 2. Sections 4.2(c), 4.5(c) and 5 are amended to

read:

Section 4.2. Procedure for Licensing as Professional

Engineer.--* * *

ENGINEER INTERN may apply for licensure and shall pass the

examination in engineering principles and practice. To qualify

for the principles and practice examination, an applicant shall,

in addition to holding the [engineer-in-training] ENGINEER

INTERN certificate, show satisfactory proof of:

(1) four or more years of progressive experience in

engineering work performed after the [issuance of the engineer-

in-training certificate] successful completion of the

fundamentals of engineering examination and under the

supervision of a professional engineer or a similarly qualified

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engineer of a grade and character to [fit him] QUALIFY THE

APPLICANT to assume responsible charge of the work involved in

the practice of engineering; or

(2) four or more years of progressive teaching experience in

an approved curriculum under the supervision of a professional

engineer or a similarly qualified engineer of a grade or

character to [fit him] QUALIFY THE APPLICANT to assume

responsible charge of the work involved in the practice of

engineering.

* * *

Section 4.5. Continuing Professional Competency

Requirements.--* * *

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

practice.

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(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 standards of

such state or territory are at least equal to the standards of

this Commonwealth[;].

by officers and employes of the United States Government for the

said government[;].

(d) Except as otherwise provided in subsection (g) of this

section, the practice of engineering or land surveying by a

regular employe, contractor or agent of a public utility

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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

work by a manufacturing, mining, communications common carrier,

research and development or other industrial corporation or by

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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 and narrative

descriptions utilizing information from a survey.

(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 provider of

cable service, voice over Internet protocol service, broadband

Internet access service or any other service delivered over a

cable system, a provider of enhanced telecommunications services

or a 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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