The following information specifies the status of states with ongoing or the potential for legislative activity related to geologic registration/licensing activity current to mid May, 2010. Currently 29 states and one (1) U.S. territory have true practice regulation laws, two (2) states have title regulation acts, four (4) states have statutory definition, and nine (9) states have some form of certification (these include some states with registration, statutory definition, or title regulation). Note that the state of Virginia has a practice regulation act that is voluntary.

It appears that there are four states that have introduced or amended geologic licensure efforts at this time — California, New Jersey, New York, and Louisiana.

Legislative and Related Updates:

CALIFORNIA - to refresh memories, the California Board of Geologists and Geophysicists was merged into that state's Board of Professional Engineers. It is of interest to note that some of the rhetoric associated with this move was to reduce costs. With that in mind it is also then somewhat perplexing why no other California boards or commissions, of which there are many, were merged - only the PG&G and PE boards with the PE Board being the surviving board. The legislation provided for no geologists to serve on the combined board with the only exception of the state geologist (who may or may not be licensed).

With that said, the DPA Council provided financial assistance for legal fees associated with injunctive relief being sought for this merger. Almost simultaneously, the AAPG Executive Committee also provided like financial support and both the AAPG Executive Committee via President John Lorenz and the DPA entered into the support of an effort to have this merger rescinded.

Since those actions and an upcoming hearing on the injunctive relief (to be heard in June) a settlement has also been proposed. It is unlikely that settlement will be agreed to and it would be inappropriate to comment on the anticipated results of the court hearing in June. It is important to note that the Professional Engineers in California Government (PECG), a union representing engineers and geologists employed by the state, has a bill being carried through the legislature that proposes to add one geologist to the engineer's board and change it's name. It is the opinion of professional geologists and geophysicists in CA that this proposal is wholly inadequate, as there are two geologist practice acts (geology and geophysics) and that both must be represented on the board. This has met enormous resistance, and requests were essentially ignored during a meeting held in Sacramento with "stake holders."

With that said, the remaining ongoing issue is that of the lawsuit to have the court separate the two boards. If geologists and geophysicists prevail and a writ of mandate is won, then the state's legislature will be required to reinstate the BGG (although it is also likely that there will be appeals that may go on for an extended period of time afterwards). But if the writ of mandate is won that will offer much support for the proposal to reinstate the BGG next year. The writ of mandate hearing is scheduled for June 18 — this will be the first time a judge will rule on the merits of the case.

For those who want and/or need more and timely updates, there is a website that one may access at: http://www.capg_inc.com (Please note that this website was just built and is undergoing active modifications).

This committee will continue to closely monitor the status of these matters and may be requesting additional monetary support for efforts in California - stay tuned for more information as these matters continue to develop.

NEW JERSEY - following last year's unsuccessful attempt to get geologic licensure/registration legislation enacted, Assembly Bills1555 and 2962 were introduced along with Senate Bill 1897. These legislative bills, however not specifically geologist licensure acts, include provisions related to those who may be involved in certain site remediation work by establishing a professional licensing board within the New Jersey Department of Environmental Protection. It was the previous opinion of the State Registration and Licensing Committee that it appeared that Assembly Bill 2962 would be the surviving bill and that did occur. This legislation passed both houses and was signed by the Governor.

The Site Remediation Professional Licensing Board is charged with establishing licensing requirements for site remediation professionals and it is responsible for overseeing the licensing and performance of site remediation professionals. The board will consist of 13 members including the State Geologist, or a designee, who shall serve ex officio. Further, of the remaining board seats, six (6) shall be site remediation professionals who will necessarily hold a license that will be issued by this board.

On March 4, 2010 legislation was introduced in the Assembly (bill No. 2395), sponsored by Prieto, Biondi, and Coughlin to create State Board of Geologist Examiners. After introduction, the bill was referred to Assembly Regulated Professions Committee. This legislation is very short in length and provides NO exemption for any sector of professional geologic practice, including petroleum geology.

As of the third week of May, there was no update on the status of this bill other than it is still in the Regulated Professions Committee.

NEW YORK - SB 1116 (sponsored by Senator Marcellino), SB 2784 (sponsored by Senator Thompson), AB 4774 (sponsored by Assemblyman Englebright), and AB 7594 (also sponsored by Assemblyman Englebright) were introduced to establish geologist licensure in New York State. The New York proponents of these and similar legislative bills have been trying to get geologist licensure legislation passed for well over a decade. Please see the following for the history of each of these four (4) bills.

It is assumed that all bills with the exception of one may die in committee with the exception of SB 2784. It is also assumed that similar legislation will again be re-introduced in each house at the onset of the next legislative session should none of the noted bills make out of committee.

As noted in past reports, none of these proposed bills provides for the exemption of petroleum geoscientists and has been formally opposed by the DPA in the past.

LOUISIANA - Legislation was introduced on April 20, 2010 via SB 788. This legislation is patterned after the Texas licensure law and allows for the exemption of those geoscientists involved in oil and gas exploration and development provided that such work is not done directly for the public. This legislation was passed out of committee on a unanimous vote (May 14, 2010) with several amendments, one of which allows for the practice/supervisory capacity of an engineer over work that has both engineering and geoscience components. The following week the bill failed passage on a floor vote in the Senate. It will be re-introduced on the Senate floor for another vote in the near future. If passed there it will be sent to the House for its consideration.

Late Breaking News: On Thursday, May 27 SB 788 was re-introduced in the Louisiana Senate. This time the bill passed with 35 ayes and 1 nay. It has since been sent to the House and will likely assigned to that body's Commerce Committee for review.

This committee has and will continue to monitor this activity as it develops. A memorandum of support has been requested of the DPA but the Division has not yet made a decision on whether to support the legislation with the inclusion of the amendment noted above.

TEXAS - In October, 2009 report of this committee, SB 940 (HB 2821, identical to SB version) was passed by the Texas Legislature and was signed into law on 06/19/09 with an effective date of 09/01/09. The bill that was placed into effect modifies the existing geoscientist legislation to add the following:

• Allows the Texas Board of Professional Geoscientists (TBPG) to initiate investigations on its own accord, sets forth procedures for same;
• Establishes a Geologist In Training designation;
• Establishes guidelines for the licensing/registration of geoscience firms doing business in Texas;
• Establishes the procedures related to Board issued declaratory opinions.

The TBPG also increased certain fees that are charged related to licensure effective 10/01/09. Specifically there was an increase in licensing renewal fees from $168.00/year to $223.00/year.

Additionally, the TBPG has proposed new and modified Rules of the Board, one of which requires that a "...Professional Geoscientist shall remain mindful of his/her obligation to the profession and to protect public health, safety, and welfare and shall report to the Board known or suspected violations of the Act of the Rules of the Board..." In itself, this proposed rule has merits, however there is no explicit provision in the law that creates and governs the TBPG that provides any protections for those professional geoscientists who actually report those that may be in violation. Although the TBPG does not inform the defendant the name of the person who may have filed the report/complaint, however, if the TBPG moves forward and attempts any sort of disciplinary hearing/litigation against said named person/violator, the name of the professional geoscientist would then be made available to the subject (defendant) of the complaint. Even if the TBPG prevails in its prosecution of the matter that still does not preclude the defendant from filing civil charges against the reporting person. Even more disturbing, if the TBPG fails to win its case (and yes, that does happen) and the matter is dismissed, with or without prejudice, the defendant may choose to file suit against the complainant.

SB 1116 Bill History

• 01/06/2010 Failed to advance
• 01/06/2010 Referred to Senate Higher Education

Last action:

• 01/06/2010 Referred to Senate Higher Education

SB 2784 Bill History

• 03/02/2009 Introduced and referred to committee on Senate Higher Education
• 04/21/2009 Amend (T) and recommit to Senate Higher Education
• 04/21/2009 Print number SB 2784 A
• 05/13/2009 Committee meeting set for Senate Higher Education
• 05/13/2009 Held at Sponsor's Request
• 05/13/2009 Amend (T) and recommit to Senate Higher Education
• 05/13/2009 Print number SB 2784 B
• 06/03/2009 Committee meeting set for Senate Higher Education
• 06/03/2009 Reported and committed to Senate Codes
• 01/06/2010 Failed to advance
• 01/06/2010 Referred to Senate Higher Education
• 03/10/2010 Committee meeting set for Senate Higher Education
• 03/10/2010 Reported and committed to Senate Codes
• 05/04/2010 Committee meeting set for Senate Codes
• 05/04/2010 Reported and committed to Senate Finance /li>

Last action:

• 01/06/2010 Referred to Assembly Higher Education 02/06/2009

AB 7594 Bill History

• 04/16/2009 Introduced and referred to committee on Assembly Higher Education
• 05/06/2009 Enacting clause stricken

There are no explicit safeguards or protections contained in the TBPG statute to protect the person who brought the matter to the attention of the Texas Board.

With that said, and having essentially only one working day to respond from the time this matter was brought to the attention of the DPA leadership, a response was crafted and sent to the TBPG for its consideration (please see the following body of the response that was sent):

The Division of Professional Affairs (DPA) of the American Association of Petroleum Geologists (AAPG) would like to comment on the following proposed new rule being considered by the Texas Board of Professional Geoscientists (TBPG), specifically Subchapter B. Code of Professional Conduct, 22 TAC §851.106 (d).

That proposed section is as follows: "...(d) A Professional Geoscientist shall remain mindful of his/her obligation to the profession and to protect public health, safety, and welfare and shall report to the Board known or suspected violations of the Act of the Rules of the Board..."

Upon the review of the enabling legislation, as amended, there is the apparent lack of any protections that may and should be extended to those who may report any perceived, actual, and/or inferred violation(s) per the subject new rule. It is strongly suggested that the enabling legislation be amended to include the provision for the protection of a Professional Geoscientist who, in good faith, reports to the board known, suspected or perceived violation(s) of the Act. Otherwise, the person reporting may be subject to potential civil litigation with no protections whatsoever being extended to him/her.

Ethically and professionally such reporting is a decision that should be made by the licensee based on the severity, duration, and intent of any perceived violations. The inclusion of this proposed new rule affords absolutely no protection to those who may provide such reports to the TBPG and without such protections we respectfully oppose its adoption and inclusion in the Rules of the Board as it is currently written and proposed.

Continuing Education Requirements - all states and DPA Board Certified

Seven states and the DPA's Board Certified designation now all require continuing education and one state (MS) has a voluntary continuing education program.

States with Registration-Licensure

States with Statutory Definition

States with Title Regulation

States with Certification Requirements

Note: Please refer to ASBOG for a one page summary of requirements/guidelines for each state that has licensure/registration laws in effect: http://asbog.org/matrix/09%20AnMtgBk%20reg_matrix.xls.pdf