State legislatures scrutinizing professional civil engineer licensing

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Florida

On February 24th, Florida Governor Ron DeSantis announced he would launch his version of the Trump Administration’s “Department of Government Efficiency” to tackle waste, fraud, and abuse in the Sunshine State. Specifically, over the next year, DeSantis wants his new government efficiency initiative to scrutinize local government spending, reduce the size of the state government’s workforce, conduct independent reviews of state universities, and eliminate 70 state boards and commissions.

Among the boards that may be at risk is the Florida Board of Professional Engineers (FBPE), which oversees licensure for 46,000 professional engineers in Florida. While there have been no public statements singling out the FBPE for termination, Gov. DeSantis’ focus on abolishing what he views as unnecessary state boards is part of a growing trend across the country that calls into question the future of engineering boards and licensure as we know it.

West Virginia

In West Virginia, Governor Patrick Morrisey penned an op-ed in September while still serving as the state’s Attorney General, where he laid out his vision for an aggressive policy agenda to spur economic development if elected governor. Among his proposals to help draw investments and jobs to West Virginia were lowering state taxes and eliminating burdensome regulations, including “comparing every…workforce policy and licensing rule in West Virginia with the corresponding laws from every state” it touches.

Since then, Governor Morrisey has been working to honor his campaign promises by issuing executive orders to develop more efficient government and reduce administrative rules and regulatory review. Additionally, his allies in the West Virginia state legislature have introduced a pair of corresponding bills (SB 458 and HB 2001) that aim to lift hurdles for new residents looking to secure professional and occupational licenses in West Virginia.

The bills would require professional licensing boards within West Virginia to grant licenses to individuals from other states if they have been licensed for at least one year, are in good standing, and meet the other state’s minimum education, work, and supervision requirements.

The bill would also grant reciprocity to those who passed required licensure examinations in any other state, so long as they have no criminal history and a good disciplinary record. The proposed legislation would apply to civil engineers and other professions licensed by the West Virginia State Board of Registration for Professional Engineers.

Indiana

In January, the Indiana Senate considered Senate Bill 101. The bill, if signed into law, would have allowed those with 25 years of “experience in engineering work” one attempt to pass the Fundamentals of Engineering and the Principals and Practice of Engineering exams without meeting the otherwise necessary requirements of a bachelor’s degree in engineering and at least four years of experience working for a licensed engineer. While the bill was discussed in committee, it appears the legislation has stalled and will not advance.

Nevada

Meanwhile, in Nevada, state lawmakers are considering SB 78, legislation that would consolidate the number of different licensing boards in the state from 37 to 17. Under the proposed legislation, the Nevada Board of Professional Engineers and Land Surveyors would be eliminated.

The responsibilities of the current board would be transferred to a new entity, the Nevada Board of Professional Design and Environmental Specialists, a thirteen-member panel that would include two licensed professional engineers, with the remainder of the board consisting of residential designers, interior designers, architects, land surveyors, employees of certain state health districts, and a member of the general public. Currently, the bill is in committee and awaiting the introduction of amendments.

While the future of these various licensure-related bills remains uncertain, there will likely be many more legislative challenges to engineering licensure. ASCE will continue to monitor this legislation and other threats to professional civil engineer licensure in the coming weeks and months.

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