State Water Control Board; stormwater management programs, regulations, professional license. (SB1127)
Introduced By
Sen. Mark Obenshain (R-Harrisonburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
State Water Control Board; stormwater management programs; regulations; professional license. Directs the State Water Control Board to adopt regulations requiring that all plan elements, specifications, or calculations whose preparation requires a license in engineering, architecture, soil science, or a related profession be signed and sealed by a licensed professional. The bill requires the regulations to be effective no later than July 1, 2018, and exempts them from certain provisions of the Administrative Process Act ( 2.2-4000 et seq.). Read the Bill »
Outcome
Bill Has Passed
History
Date | Action |
---|---|
01/09/2017 | Prefiled and ordered printed; offered 01/11/17 17103564D |
01/09/2017 | Referred to Committee on Agriculture, Conservation and Natural Resources |
01/16/2017 | Impact statement from DPB (SB1127) |
01/19/2017 | Reported from Agriculture, Conservation and Natural Resources (14-Y 0-N) (see vote tally) |
01/23/2017 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
01/24/2017 | Read second time and engrossed |
01/25/2017 | Read third time and passed Senate (40-Y 0-N) (see vote tally) |
01/31/2017 | Placed on Calendar |
01/31/2017 | Read first time |
01/31/2017 | Referred to Committee on Agriculture, Chesapeake and Natural Resources |
02/08/2017 | Reported from Agriculture, Chesapeake and Natural Resources with amendments (22-Y 0-N) (see vote tally) |
02/09/2017 | Read second time |
02/10/2017 | Read third time |
02/10/2017 | Committee amendments agreed to |
02/10/2017 | Engrossed by House as amended |
02/10/2017 | Passed House with amendments BLOCK VOTE (95-Y 0-N) |
02/10/2017 | VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally) |
02/14/2017 | House amendments agreed to by Senate (40-Y 0-N) (see vote tally) |
02/16/2017 | Enrolled |
02/16/2017 | Bill text as passed Senate and House (SB1127ER) |
02/16/2017 | Signed by Speaker |
02/17/2017 | Signed by President |
02/17/2017 | Impact statement from DPB (SB1127ER) |
02/17/2017 | Enrolled Bill Communicated to Governor on 2/17/17 |
02/17/2017 | G Governor's Action Deadline Midnight, February 24, 2017 |
02/23/2017 | G Approved by Governor-Chapter 163 (effective 7/1/17) |
02/23/2017 | G Acts of Assembly Chapter text (CHAP0163) |
Comments
Language suggests encroachment upon licensed professionals who are already licensed to perform these services. During the economic recovery, just another unfunded mandate to hire another "professional". Counties can not afford more requirements with additional state funding.
§ 54.1-2201
Exceptions
A. The certification program for wetland delineation set forth in this chapter shall be voluntary and shall not be construed to prohibit:
1. The practice of wetland delineation by individuals who are not certified professional wetland delineators as defined in this chapter;
2. The work of an employee or a subordinate of a certified professional wetland delineator or of an individual who is practicing wetland delineation without being certified;
3. The work of any professional engineer, landscape architect, or land surveyor as defined by § 54.1-400 in rendering any of the services that constitute the practice of wetland delineation or the practice of soil evaluation; or
4. The practice of any profession or occupation that is regulated by another regulatory board within the Department.
B. The licensing program for professional soil scientists shall not be construed to prohibit:
1. The work of an employee or a subordinate of a licensed soil scientist;
2. The work of any professional engineer, landscape architect, or land surveyor as defined in § 54.1-400 in rendering any services that constitute the practice of soil evaluation; or
3. The practice of any profession or occupation that is regulated by another regulatory board within the Department.
C. Nothing in this chapter shall authorize an individual to engage in the practice of engineering, the practice of land surveying or the practice of landscape architecture, unless such individual is licensed or certified pursuant to Chapter 4 (§ 54.1-400 et seq.)
A soil scientist may provide (estimations) about a potential land use. Professional Engineers have the ability to not only collect samples, but also provide (actual) assigned values for the material being reviewed. On any given project, the narrow scope of the soil scientist duties become a burden to these projects. In the case of land development, an engineer will be required to DESIGN grading, house elevations, and stormwater. Professional Engineers and land surveyors already have the function to provide these services through testing.
What assurance does the soil science license provide that designs are being completed by competent persons with the existing procedures of estimating soil types? Paying someone for an estimation is subservient to collecting and designing from actual values.
There is a process to become credentialed for designing stormwater projects. Become a licensed engineer, surveyor, or certified landscape architect. Reducing design standards for a "soil person" undermines the necessity to protect public health, safety, and welfare. Classifying soils does not amount to experience in design, but rather supports that data collection capacity of soil professionals.
Reducing entry standards for professionals only serves a vested interest of the soil science professionals, not the public's interest.