Regulatory Analysis Form

Transcription

1 Department of State, Bureau of Professional and (l)agency (All Comments submitted on this regulation will appear on IRRC s websfte) (Completed by Promulgating Agency) expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a 2-year period. P.S. 156(a)) requires the Board to increase fees by regulation to meet or exceed projected Section 9(a) of the Professional Engineer, Land Surveyor and Geologist Registration Law (act) (63 (8) State the statutory authority for the regulation. Include specific statutory citation. licensees from $50 to $100. This rulemaking amends (relating to schedule of fees) to increase the renewal fee for (7) Briefly explain the regulation in clear and nontechnical language. (100 words or less) Final Omitted Regulation Certification by the Attorney General fl Proposed Regulation Emergency Certification Regulation; FINAL REGULATION El Certification by the Governor (6) Type of Rulemaking (check applicable box): Primary Contact: Thomas A. Blackburn, Senior Counsel, Department of State; (717) ; P.O. Box 69523, Harrisburg, PA ; (717) ; tblackburn( pa.gov Secondary Contact: Cynthia K. Montgomery, Deputy Chief Counsel, Department of State (717) ; P.O. Box 69523, Harrisburg, PA ; (717) ; cymontgomepa.gov (5) Agency Contacts (List Telephone Number and Address): Renewal fee (4) Short Title: (3) PA Code Cite: 49 Pa. Code Identification Number: 4713 (2) Agency Number: 16A IRRC Number: 3097 Professional Engineers, Land Surveyors and Geologists Occupational Affairs, State Registration Board for Regulatory Analysis Form REVISED 12.16

2 (10) State why the regulation is needed. Explain the compelling public interest that justifies the Yes. Section 9 of the act mandates a fee increase when expenditures outpace revenue. projections hold, the Board will be required to again evaluate the need for a fee increase. $283,000 by the biennium. Expenditures are expected to outpace revenues and become an operating deficit during the biennium or shortly thereafter. At that time, if these 2021 biennium; $674,000 in the biennium; $484,000 in the biennium; and following an additional operating deficit in the biennium, there will be an operating deficit. Based upon BFO s projections, the new biennial renewal fee should be sufficient to recover of the operating surplus each biennium will continue to decrease as follows: $853,000 in the the accumulated deficit by the end of fiscal year BFO further projects that the amount surplus of $1,022,000 ira the biennium that will be used to recoup part of the accumulated By increasing the renewal fee to $100 beginning with the biennium, BFO projects that, BFO recently reported that the Board s actual expenses were $1,394,146 in fiscal year fiscal year and is projected to be $224,000 in fiscal year , resulting in an estimated fiscal year and $1,227,117 in fiscal year BFO also reported that the Board s actual revenue was biennial operating deficit of $617,140. BFO further projects that, without an increase in the renewal projected to be $1,284,000 in fiscal year and that its actual revenue was $1,809,692 in biennium to $1,426,000 by the biennium, adding to the accumulated deficit. Without the proposed increase, BFO projects that the accumulated deficit will soar to $6,416,926 by the end of fee, the operating deficit in the biennium will be $687,000, and continued to increase each further reports that the Board s actual expenses were $1,366,832 in fiscal year and are $1,787,824 in and $228,467 in , resulting in a biennial deficit of $604,972. BFO its March 12, 2014, meeting to propose increasing the biennial renewal fees from $50 to $100. $2,270,000 and would continue to grow thereafter. BFO projected that the Board s biennial $3,228,000 in fiscal years and With approximately 32,200 licensees at that year At the end of liscal year (a non-renewal year), the Board had accrued a for fiscal years through and projected revenue and expenses through liscal the end of fiscal year (a non-renewal year), the deficit would swell to approximately projected expenditures, in compliance with section 9(a) of the act. As a result, the Board voted at of Finance and Operations (BFO) presented a summary of the Board s actual revenue and expenses deficit of approximately $660,000. BFO projected that, without an increase in the renewal fee, at biennium. Therefore, the Board determined that it was necessary to raise fees to meet or exceed time, BFO projected that these expenses would increase from $85 to over $100 per licensee per At the Board s meeting on March 12, 2014, representatives from the Department of State s Bureau expenses would increase from a total of $2,704,000 in liscal years and to possible and approximate the number of people who will benefit. regulation. Describe who will benefit from the regulation. Quantify the benefits as completely as (9) Is the regulation mandated by any federal or state law or court order, or federal regulation? Are there any relevant state or federal court decisions? If yes, cite the specific law, case or regulation as well as. any deadlines for action.

3 Pennsylvania s ability to compete with other states? (12) How does this regulation compare with those of the other states? How will this affect There are no applicable federal standards. Society of Land Surveyors (PSLS) and the Pennsylvania Council of Professional Geologists (PCPG) of proposed rulemaking, and at its meeting November 18, 2015, the Board approved the final the rulemaking. September 9, 2015, in public session the Board discussed the comments in response to publication rulemaking. Representatives of the professional societies attended the meeting but did not address Board to look at its expenses. Both expressed appreciation for the Board s outreach. At its meeting The Department s Bureau of Finance and Operations first recommended an increase in the renewal comments from the Pennsylvania Society of Professional Engineers (PSPE), the Pennsylvania position, but applauded the Board s efforts to resist raising the fee higher. PSLS encouraged the the with an increase to $100. By on March 17, 2014, the Board, through its counsel, solicited professional associations representing the regulated communities. PSPE did not take a fee (to $125) at the Board s public meeting on March 12, The Board determined to proceed drafting of the regulation. List the specific persons and/or groups who were involved. ( Small business is defined in Section 3 of the Regulatory Review Act, Act 76 of 2012.) (14) Describe the communications with and solicitation of input from the public, any advisory council; group, small businesses and groups representing small businesses in the development and This rulemaking will not affect other regulations of the Board or other state agencies. If yes, explain and provide specific citations. (13) Will the regulation affect any other regulations of the promulgating agency or other state agencies? The rulemaking will not put Pennsylvania at a competitive disadvantage with other states. fees charged in the surrounding states. in New York the triennial renewal fee is $210 for a professional engineer and $210 for a professional in New Jersey is $80 ($40 if retired). En addition to the mandatory continuing education fee of $45, engineers. The biennial registration fee for professional engineers and professional land surveyors surveyors. The new $100 biennial renewal fee to be charged by the Board is not out of line with the land surveyor (or the equivalent of $140 biennially). The registration fee in West Virginia is $70 The biennial registration fees for a professional engineer in Ohio is $80 per year and in Maryland biennially for professional engineers ($30 if retired) and $100 annually for professional land the biennial fee is $76. The biennial registration renewal fee in Delaware is $50 for professional provisions and the compelling Pennsylvania interest that demands stronger regulations. (11) Are there any provisions that are more stringent than federal standards? If yes, identit the specific

4 pay more to rene their licenses when they expire in 2017, and thereafter. licensed professional geologists, or a total of approximately 34,185 licensees who will be required to approximately 29,937 licensed professional engineers, 1,966 professional land surveyors and 2,282 All licensees of the Board will be affected by the rulemaking. The Board currently has How are they affected? 4 Classification System (NAICS). In applying the 2016 NAICS standards to the types of businesses where most professional engineers, land surveyors and geologists work, a small business in the mapping (except for geophysical services), all have $15.0 million or less in average annual receipts. considering all of these small business thresholds set by NAICS for the businesses in which professional engineers, land surveyors and geologists work, it is probable that most of the licensed professional engineers, land surveyors and geologists work in small businesses. Small Business Size Regulations under 13 CFR Ch. 1 Part 121. Specifically, thesba has established For the business entities listed above, small businesses are defined in Section 3 of Act 76 of 2012, these size standards at 13 CFR for types of businesses under the North American Industry NAICS codes do not include professionals who work in Federal, State and local governments. In Furthermore, the professionals who are self-employed obviously work in small businesses. The which provides that a small business is defined by the U.S. Small Business Administration s (SBA) categories of engineering services, geophysical surveying and mapping services, and surveying and (18.7%), management, scientific and technical consulting services (14.9%). oil and gas extraction mining, and electric power generation, transmission and distribution. architectural and engineering services (3l.8%), state government excluding education and hospitals support activities for forestry, nonmetallic mineral mining and quarrying, support activities for (13.2%) or the Federal government (5.8%). Other geoscientists were self-employed or worked in L&1 classifies professional geologists as geoscientists, and in 2014, geoscientists worked in transmission and distribution; natural gas distribution; and residential building construction. oil and gas extraction; coal mining; support activities for mining; electric power generation, services (74.3%), worked for local government excluding education and hospitals (4.6%). were selfemployed (3.0%), and highway, street and bridge construction (2.9%). Other surveyors worked in For land surveyors, L&1 states that in 2014, surveyors worked in architectural and engineering Information and Analysis, the majority of professional engineers are civil engineers. Of civil other civil engineers worked in State government (13.1%), nonresidential building construction According to the Pennsylvania Department of Labor and Industry (L&1) Center for Workforce worked for the Federal government (2.5%), in employment services (2.1 /a), management, scientific engineers, in 2014, the majority worked in architectural and engineering services (59.7%), while (4.4%), local government excluding education and hospitals (4.4%). were self-employed (3.6%), and technical consulting services (1.8%), utility system construction (1.3%), and in highway, street and bridge construction (1.0%). the Regulatory Review Act, Act 76 of 2012) and organizations which will be affected by the regulation. (15) Identify the types and number of persons. businesses, small businesses (as defined in Section 3 of

5 Pennsylvania are considered small businesses. employees) and the remaining 761,673 are non-employers. Thus, the vast majority of businesses in businesses. Of the small businesses, 233,072 are small employers (those with fewer than regulation to meet or exceed projected expenditures if revenues raised by fees, fines and civil regulate professional engineers, land surveyors and geologists in the public interest. which equates to $25 per year to each licensee, is outweighed by the Board s duty to license and integrity of the Board and allow the Board to carry out its mission. The additional costs to licensees, rulemaking would benefit every citizen of the Commonwealth in that it would ensure the fiscal penalties imposed under the act are not sufficient to meet expenditures over a 2-year period. The The increase is mandated by section 9 of the act, which requires the Board to increase fees by (18 Explain how the benefits of the regulation outweigh any cost and adverse effects. organizations. on individuals, small businesses, businesses or labor communities or other public or private The Board does not expect this rulemaking to have any other financial, economic or social impact health, safety and welfare of the public is carried out. All licensed professional engineers, land surveyors and geologists will be required to pay an to ensure the fiscal integrity of the Board and to assure that the Board s mandate to protect the additional $50 every 2 years beginning in 2017 in order to renew a license. This increase is necessary businesses, businesses and labor communities and other public and private orgiizations. Evaluate the benetits expected as a result of the regulation. (17) Identify the financial, economic and social impact of the regulation on individuals, small pay more to renew their licenses when they expire in 2017, and thereafter. licensed professional geologists, or a total of approximately 34,185 licensees who will be required to approximately 29,937 licensed professional engineers, 1,966 professional land surveyors and 2,282 All licensees of the Board will be required to comply with the rulemaking. The Board currently has the regulation. Approximate the number that will be required to comply. (16) List the persons, groups or entities, including small businesses, that will be required to comply with upon small businesses as a result of compliance with the rulemaking. no additional investment in equipment. Accordingly, there should be no disproportionate impact rulemaking imposes no additional paperwork requirements or administrative burdens and require $50 increase in the biennial renewal fee. As noted in response to question (17), the proposed Licensees who are considered small businesses and all other licensees would be affected by the businesses in Pennsylvania; of which 994,745 are small businesses; and 3,983 are large Furthermore, according to the Small Business Administration (SBA), there are approximately

6 Each licensee will be required to pay a renewal fee with an increase of S50 in order to renew each biennium beginning in September With approximately 34,185 licensees, the total cost is estimated at $1,709,250 each biennium. There are no other costs or savings to the regulated community associated with compliance with the rulemaking. how the dollar estimates were derived. 6 See attached. description of the information to be reported will constitute a faulty delivery of the regulation. (22b) If forms are required for implementation of the regulation, attach copies of the forms here. If information required to be reported. Failure to attach forms, provide links, or provide a detailed your agency uses electronic forms, provide links to each form or a detailed description of the additional or revised forms are required for implementation of the rulemaking. The Board will revise its renewal application forms to reflect the new renewal fee. No other (22a) Are forms required for implementation of the regulation? rulemaking. be any legal, accounting or consulting procedures required for implementation of the proposed This rulemaking will not require any additional recordkeeping or other paperwork, nor will there accounting or consulting procedures and additional reporting, recordkeeping or other paperwork, including copies of forms or reports, which will be required for implementation of the regulation and an explanation of measures which have been taken to minimize these requirements. (22) For each of the groups and entities identified in items (19)-(21) above, submit a statement of legal, The Board will incur a minimal cost to revise its renewal forms and online renewal platform to indicate the increased fee. The Board would incur no other increase in administrative costs by implementing the rulemaking. There are no other costs or savings to state government associated with implementation of the rulemaking. be required. Explain how the dollar estimates were derived. implementation of the regulation, including any legal, accounting. or consulting procedures which may (21) Provide a specific estimate of the costs and/or savings to the state government associated with the There are no costs or savings to local governments associated with compliance with the rulemaking. compliance, including any legal, accounting or consulting procedures which may be required. Explain how the dollar estimates were derived. (20) Provide a specific estimate of the costs and/or savings to the local governments associated with compliance, including any legal, accounting or consulting procedures which may be required. Explain (19) Provide a specific estimate of the costs and/or savings to the regulated community associated with

7 SAVINGS: $ $ $ 1$ $ S (16-17) (17-18) (18-19) (19-20) (20-21) (21-22) Year Year Year Year Year Year Current FY FY -f-i FY +2 FY +3 FY +4 FY +5 7 work in small businesses. (a) As previously provided under Question 15, it is probable that most of the 34,185 licensees of the report or record. with the proposed regulation, including the type of professional skills necessary for preparation the proposed regulation. (a) An identification and estimate of the number of small businesses subject to the regulation. (b) The projected reporting, recordkeeping and other administrative costs required for compliance (c) A statement of probable effect on impacted small businesses. (d) A description of any less intrusive or less costly alternative methods of achieving the purpose of following: (24) For any regulation that may have an adverse impact on small businesses (as defined in Section 3 of the Regulatory Review Act, Act 76 of 2012), provide an economic impact statement that includes the Pa. State Reg. Bd. Geologists Program FY -3 FY -2 FY -1 Current FY Engineers, Land SI,394,146 Sl,227,1 17 Sl, , Surveyors and for Professional (actual) (actual) (actual ) (budgeted) (13-14) (14-15) (15-16) (16-17) (23a) Provide the past three year expenditure history for programs affected by the regulation. RE VENUE LOSSES: State Government Local Government COSTS: Total Savings N/A N/A N/A N/A N/A N/A State Government Local Government State Government Local Government Total Costs N/A $1,709,250 $0 $1,709,250 $0 $1,709,250 Total Revenue Losses N/A N/A N/A N/A N/A N/A Regulated Community Regulated Community N/A $1,709,250 $0 $1,709,250 $0 $1,709,250 Regulated Community implementation and compliance for the regulated community, local government, and state government (23) In the table below, provide an estimate of the fiscal savings and costs associated with for the current year and fi e subsequent years.

8 would be those associated with filling out the biennial renewal form or online renewal would be the same regardless of the increase in the fee.) application and either writing a check or processing the payment of the fee. These costs 8 businesses. requirements or deadlines for small businesses or for licensees who work for small a) & b) All licenses renew biennially. The Board did not consider less stringent reporting requirements for small businesses; businesses; regulation. a) The establishment of less stringent compliance or reporting requirements for small businesses; e) The exemption of small businesses from all or any part of the requirements contained in the operational standards required in the regulation: and d) The establishment of performance standards for small businesses to replace design or c) The consolidation or simplification of compliance or reporting requirements for small b) The establishment of less stringent schedules or deadlines for compliance or reporting Review Act, Act 76 of 201 2), including: (27) In conducting a regulatory flexibility analysis. explain whether regulatory methods were considered that will minimize any adverse impact on small businesses (as defined in Section 3 of the Regulatory represents the least burdensome acceptable alternative. concerns, the renewal fee was reduced to $100. The Board believes that the final-form rulemaking As previously provided under Question 24, a renewal fee of $125 was considered. However, due to rejected and a statement that the least burdensome acceptable alternative has been selected. (26) Include a description of any alternative regulatory provisions which have been considered and The Board has determined that there are no special needs of any subset of its applicants or licensees for whom special accommodations should be made. (25) List any special provisions which have been developed to meet the particular needs of affected groups or persons including, but not limited to, minorities, the elderk, small businesses, and farmers. fiscal year and avoid an operating deficit through at least fiscal years not promulgated in time for renewals in September 2015, BFO has determined that Board was concerned about increasing the fee so much. Instead, it chose to increase to only in order to more quickly recover the deficit and maintain the fee for 10 years. However, the September 2017 renewal, BFO presented the possibility of increasing the renewal fee to $125 implementing this increase in 2017 will permit the Board to recover the accrued deficit by (d) Originally, because it believed that the increased renewal fee could not be in place until the $100 but attempt to get the fee in place for the 2015 renewal. Although the increased fee was renewal fee for each licensee employed by the small business. (c) The probable effect on impacted small businesses will be a S50 increase in the biennial are no additional administrative costs required for compliance. (The administrative costs (h) There are no projected reporting, or recordkeeping costs required for compliance. There

9 e) To exclude any licensees from the requirements contained in the rulemaking (an increased small businesses. d) The regulations do not contain design or operational standards that need to be altered for business or a large business. 9 The Board continually reviews the efficacy of its regulations, as part of its annual review process public meetings, generally held the third Wednesday of each odd-numbered month. The Board will professional licensing on the Department s website at information can be found on the Board s website (linked under boards & commissions from meet on the following remaining dates in 2017: July 12, September 13 and November 8. More under Executive Order The Board reviews its regulatory proposals at regularly scheduled implementation. (30) Describe the plan developed for evaluating the continuing effectiveness of the regulations after its approvals must be obtained: NA F. The expected date by which required permits, licenses or other regulation will be required: Sept E. The expected date by which compliance with the final-form D. The expected effective date of the final-form regulation: Upon publication C. The expected date of delivery of the final-form regulation: will be held: None B. The date or dates on which any public meetings or hearings A. The length of the public comment period: 30 days (29) Include a schedule for review of the regulation including: This rulemaking is not based upon any scientific data, studies, or references. a searchable electronic format or provide a list of citations and internet links that, where possible, can be supporting materials with the regulatory package. If the material exceeds 50 pages, please provide it in accessed in a searchable format in lieu of the actual material. If other data was considered but not used, data that is supported by documentation, statistics, reports, studies or research. Please submit data or please explain why that data was determined not to be acceptable. the data was obtained, and how it meets the acceptability standard for empirical, replicable and testable (28) If data is the basis for this regulation, please provide a description of the data, explain in detail how meet projected expenditures and it would not be able to carry out its legislative mandate. biennial renewal fee) based on the size of the business would not be consistent with public health and welfare because it would prevent the Board from obtaining adequate revenue to The biennial renewal process is the same whether a particular licensee is employed by a small c) There are no compliance or reporting requirements that could be consolidated or simplified.

10 (Pursuant to Commonwealth Documents Law) WITH THE LEGISLATIVE REFERENCE BUREAU Jv FACE SHEET FOR FILING DOCUMENTS 4 AM fl: 02 RENEWAL FEE 49 Pa. Code LAND SURVEYORS AND GEOLOGISTS STATE REGISTRATION BOAPD FOR PROFESSIONAL ENGINEERS, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS DEPARTNT OF STATE COMMONWEALTH OF PENNSYLVANIA FINAL RULEMAKING attached. Theodore Tesler, PG Deputy General Counsel) submission. approval or obtection within 30 days after CoDy not attoroved. Obietions (EXECUTIVE OFFICER CHAIRMAN OR SECRETARY) Cneck f applicable. No Attorney General Check if apiicabie TITLE President (Strike inapolicable title) BY / - Atn / DATE OF APPROVAL DATE OF APPROVAL DATE OF ADOPTION: JUN DOCUMENT FiSCAL NOTE NO. 16A-4713 (AGENCY) ngineers. Land Surveyors and Geologists B State Registration Board for Professional S &Ld4Ss$k (DEPUTY ATTORNEY GENERAL form and legality. Attorney General of a document issued, prescribed or promulgated by and egahty. Executive or Independent Agencies. Cocy below is hereby approied as to Copy below is here sy ceified to be a true and ccrrect Oopy Copy beiow is hereby approved as to form DO NOT WRITE IN IHIS SPACE trrc CDL-1 RE1..IVED

11 I I Check COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS PROFESSIONAL LAND SURVEYOR RENEWAL APPLICATION EXPIRATION DATE: 30, 2017 FEE: $ September License No. SU Name: RETURN ADDRESS: Address: State Registration Board City: State: Zip: Engineers, Geologists P0 Land Professional Surveyors and for Box 8418 PA Harrisburg, Your license will expire on September 30, After October 30, 2017, the Board Office for a reactivation You may visit the website to verify the of your license at [ication. status contact I am retired and would like to place my license on Active-Retired status This status is exempt from completing 24 PDH. Must pay the fee. will not be practicing this profession in Pennsylvania after September and request inactive status. No fee is required. have a change of name and/or address. Complete only if name andlor address differs from above information. Name Change Submit an 8 /2 X 11 photocopy of a legal document verif yr.g your new name. The only acceptable documents are a marriage certificate, divorce decree which indicates the retaking of a maiden name, court order indicating retaking of a maiden name, or a court order approving a legal name change. Copies of driver s license or Social Security cards are not acceptable. Failure to submit required document will result in your license being renewed in the name as shown above. Address Change New Name: THE FOLLOWING QUESTIONS MUST BE ANSWERED If you answer YES to questions 3, 4, 5, 6 or 7 provide details AND attach certified copies of legal document(s). Certified YES NO copies of legal documents are not required if disciplinary action was taken against your PA license to practice this profession. 1. Do you hold, or have you ever held, a license, certificate, permit, registration or other authorization to practice a profession or occupation in any stale or jurisdiction? 2. If you answered yes to the above question, please provide the profession and state or jurisdiction. 3. Since your initial application or your last renewal, wncnever is later have you had here if action taken in PA disciplinary action taken against a professional or occupational license, certificate. Certified Copies Not Required permit, registration or other authorization to practice a profession or occupation issued to you in any state or jurisdiction or have you agreed to voluntary surrender in lieu of discipline? 4. Since your initial application or your last renewal, whichever is later do you currently have any disciplinary charges pending against your professional or occupational license, certificate, permit or registration in any state or jurisdiction? 5. Since your initial application or your last renewal, whichever is later have you withdrawn an application for a professional or occupational license, certificate, permit or registration, had an application denied or refused, or for disciplinary reasons agreed not to apply or reapply for a professional or occupational license, certificate permit or registration in any state or jurisdiction 6. Since your initial application or your last renewal, whichever is later have you been convicted. (found guilty pled guilty or pled nob contenderei, received probation without verdict or accelerated rehabilitative disposition (ARD). as to any criminal charges. felony or misdemeanor, including any drug law violations? Note You are not required to disclose any ARD or other criminal matter that has been expunged by order of a court. 7. Do you currently have any criminal charges pending and unresolved in any slate or jurisdiction? 8. Have you completed 24 PDH of Continuing Professional Competency activities, in accordance with the requirements of Section 4.5 of the Engineer, Land Surveyor and Geologist Registration Law? 9. Are you exempt from the Continuing Professional Competency requirements due to Active-Retired license status; your initial license was issued between October 1, 2015 and September 30, 2017 or by receiving written approval from the Board specifically granting an exemption or waiver? 9 Page 1 of 2

12 OCTOBER 1, 2017 SEPTEMBER 30, 2019 Write your license number on your payment. cz BIENNIAL RENEWAL FEE Payable to Commonwealth of Pennsylvania disciplined, understand that practicing on an expired license may result in disciplinary action and additional monetary penalties made is subject to the penalties of 18 PA CS relating to unsworn falsification to authorities and may result in my license being Signature (Mandatory) Date Page 2 of 2 $20.00 charged for returned payment. September 30, Fees are non-refundable. Processing fee of LATE FEE - $5.00 per month assessed when renewing after am aware of the criminal penalties for tampering with public records or information pursuant to 18 PA CS and that any false statement I verify that this farm is in the original format as supplied by the Department of State and has not been altered or otherwise modified in any way

13 Name: FEE: $ EXPIRATION DATE: September 30, 2017 PG RENEWAL APPLICATION PROFESSIONAL GEOLOGIST License No. Page 1 of 2 profession. copies of legal documents are not required if disciplinary action was taken against your PA license to practice this license being renewed in the name as shown above. cards are not acceptable. Failure to submit required document will result in your acceptable documents are a marriage certificate, divorce decree which indicates the Name Change Address Change application. You may visit the website to verify the status of your license at Your license will expire on September 30, After October 30, 2017, contact the Board Office for a reactivation State: Zip: Harrisburg, PA P0 Box 8418 City: Geologists Address: State Registration Board for Professional Engineers, Land Surveyors and RETURN ADDRESS: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS I am retired and would like to place my license on Active-Retired status. This status is exempt from completing 24 PDH. Must pay the fee. I will not be practicing this profess:on in Pennsylvania after September 30, 2017 and request inactive status. No fee is required. I have a change of name and/or address. Complete only if name and/or address differs from above information. Submit an 8 1/ X 11 photocopy of a legal document verifying your new name. The only retaking of a maiden name, court order indicating retaking of a maiden name, or a court order approvicg a legal of name change Copies driver s license or Social Security New Name: THE FOLLOWING QUESTIONS MUST BE ANSWERED If you answer YES to questions 3, 4, 5, 6, or 7 provide details AND attach certified copies of legal document(s). Certified YES NO 1. Do you hold, or have you held. a license, certificate, pen nit, registration or other authorization to practice a profession ever or occupation in any or jurisdiction? state 2. If you answered yes to the above question, please provide the profession and state or jurisdiction. 3. your initial or whichever is later have Since application your last renewal, you had Check here if action taken in PA disciplinary action taken against a professional or occupational license, certificate Certified Copies Not Required permit, reg!stratlon or other authorization to practice a profession or occupation issued to you in any or jurisdiction or have you to voluntary state agreed surrender in lieu of discipline? 4 Since your initial application or your last renewal, whichever is later do you currently have any disciplinary charges pending against your professional or occupational license, certificate, permit or registration in any state or jurisdiction? 5. your initial whichever is later Since application or your last renewal, have you withdrawn an application for a professional or occupational license, certificate, permit or registration. had an application denied or refused, or for disciplinary reasons agreed not to apply or reapply for a professional or occupational license, certificate permit or registration in any state or jurisdiction 6. initial or whichever is later have Since your application your last you renewal, been convicted, (found guilty or pleaded nob contendere), received probation without verdict or rehabilitative disposition accelerated (ARD). as to any criminal charges, felony or misdemeanor, including any drug law violations? Note. You are not required to disclose any ARD or other criminal matter that has been expunged by order of a court. 7. Do you currently any criminal pending and unresolved in any have charges state or jurisdiction? 8. Have you completed 24 PDH of Continuing Professional Competency activities, in accordance with the requirements of Section 4.5 of the Engineer, Land Surveyor and Geologist Registration law? 9. Are you from Continuing Competency requirements due to selecting Active-Retired license exempt Professional status: your initiai license was issued 1, 2015 and 30, 2017 or between October September by receiving written approval from the Board specifically granting an exemption or waiver?

14 $20.00 charged for returned payment. September 30, Fees are non-refundable. Processing fee of OCTOBER 1, 2017 SEPTEMBER Sigrature (Mandatory) Date disciplined. I understand that practicing on an expired license may result in disciplinary action and additional monetary penalties. LATE FEE - $5.00 per month assessed when renewing after 30, 2019 Write your license number on your payment. FEE Payable to Commonwealth of Pennsylvania f BIENNIAL RENEWAL $ Page 2 of 2 made is subject to the penalties of 18 PA C.S relating to unsworn falsification to authorities and may result in my license being I verify that this form is in the original format as supplied by the Department of State and has not been altered or otherwse modified in any way. am aware of the criminal penalties for tampering with public records or information pursuant to 18 PA CS and that any false statement

15 FEE: $ EXPIRATION DATE: September 30, 2017 RENEWAL APPLICATION PE PROFESSIONAL ENGINEER License No.,,,,,J profession. copies of legal documents are not required if disciplinary action was taken against your PA license to practice this license being renewed in the name as shown above. cards are not acceptable. Failure to submit required document will result in your Name Change Address Change [application. You may visit the website to verify the status of your license at lyour license will expire on September 30, After October 30, 2017, contact the Board Office for a reactivation State: Zip: Harrisburg, PA P0 Box 8418 City: Geologists Address: State Registration Board for Professional Engineers, Land Surveyors and RETURN ADDRESS: Name: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE BUREAU OF PROFESSIONAL AND OCCUPATiONAL AFFAIRS STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS I am retired and would like to place my license on Active-Retired status Thi status is exempt from completing 24 PDH. Must pay the fee. will not be practicing this profession in Pennsylvania after September 30, 2017 and request inactive status. No fee is required. I have a change of name and/or address. Complete only if name andlor address differs from above information. Submit an 8 / X 11 photocopy of a legal document your new name. The veri ing only acceptable documents a marriage certificate divorce which are decree irdicates the retaking of a maiden name, court order indicating retaking of a maiden name, or a court order approving a legal of name change. Copies driver s license or Social Security New Name: THE FOLLOWING QUESTIONS MUST BE ANSWERED If you answer YES to questions 3, 4, 5, 6 or 7 provide details AND attach certified copies of legal document(s). Certified YES NO 1. Do you hold, or you ever held, a license, certificate, permit, registration or other authorization to practice a profession have or occupation in any or jurisdiction? state 2. If you answered yes to the above question, please provide the profession and state or jurisdiction. 3. your initial or whichever Since application your is Ialer last renewal, hae you had Check here if action taken in PA disciplinary action taken against a professional or occupational license, certificate, Certified Copies Not Required permit, registration or other authorization to practice a profession or occupation issued to you in any or jurisdiction or have you to voluntary state agreed surrender in lieu of discipline? 4. initial or whichever is later do Since your application your you currently have last any renewal, disciplinary charges pending against your professional or occupational license, certificate, permit or registration in any state or jurisdiction? 5 initial or whichever is later have you withdrawn Since your application your last renewal, an application for a professional or occupational certificate, permit or registration, had an application denied or refused, or for disciplinary license, reasons agreed not to apply or reapply for a professional or occupational license, certificate permit or registration in any state or jurisdiction? 6. initial whichever is later have Since your application or your last renewal, you been convicted, (found guilty, pled guilty or pled noto contendere), received probation without verdict or rehabilitative disposition accelerated CARD). as to any criminal charges. felony or including any drug law violations? Note: You are not required to misdemeanor, disclose any ARD or other criminal matter that expunged by order of a court has been 7. Do you currently any crtrninal pending and unresolved in any have charges state or jurisdiction? 8. Have you completed 24 PDH of Continuing Professional activities, in Competency accordance with the requirements of Section 4.5 of the Engineer Land Surveyor and Geologist Registration law 9. Are you exempt from the Continuing Professional Competency requirements due to Active.Retired license status: your initial license was issued between October 1, 2015 and September 30, 2017 or by receiving written approval from the Board specifically ranting an exemption or waiver? 7

16 OCTOBER 1, 2017 SEPTEMBER 30, FEE Payable to Commonwealth of Pennsylvania $ Write your license number on your payment. EZ BIENNIAL RENEWAL Signature (Mandatory) Date disciplined. I understand that practicing on an expired license may result n disciplinary action and additional monetary penalties. made is subject to the penalties of 18 PA C.S 4904 relating to unsworn faisfcaton to authorities and may resut in my license beng I verify I that this form is in the original format as supplied by the Department of State and has not been altered or otherwise modified in any way am aware of the criminal penalties for tampering with public records or information pursuant to 18 PA C.S 4911 and that any false statement Page 2 of 2 $20.00 charged for returned payment. September 30, Fees are non-refundable. Processing fee of LATE FEE - $5.00 per month assessed when renewing after Page 1 of 2

17 STATE BOARD OF ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS 3/1/2017 CURRENT FINANCIAL STATUS CURRENT TOTAL LICENSE RENEWAL RENEWAL Last Fee Increase was effective ri LICENSE CLASSES COUNT FEE FEES All licensee classes renew in September of the Professional Engineer 29,937 $ $ 1.496,850,00 odd years Prepared by Bureau of Finance and Operations Division of Fiscal Management Professional Land Surveyor 1,966 S $ 98, Professional Geologist 2,282 $ 5000 $ 114, ,185 TOTAL RENEWAL REVENUE: $ 1,709, TOTAL NON-RENEWAL REVENUE: $ TOTAL BIENNIAL BOARD REVENUE: $ 2,122,25000 Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected FINANCIAL STATUS Pt FY FY FY FY FY FY FY FY FY FY FY FY Beginning Balance: 427, (570,786.32) (127,925.89) (1,187,925.89) (737,92589) (1,874,925.89) (1,511,925.89) (2,730,925.89) (2,459,925.89) (3,765,925.89) (3,692,925.89) (4,990,925.89) (4, ) Revenue: 228, ,809, , ,899, , ,899, , ,899, , ,899, , ,899, , Total Available: 656, ,238, , , (513,925.89) 24, (1,287,925.89) (831,925.89) (2,235,925.89) (1,866,925.89) (3,368,925.89) (3,091,925.89) (4,697,925.89, Expenses/Budget: 1,227, ,366, ,284, ,449, ,361, ,636, ,443, ,628,000,00 1,530, ,726, ,622, ,830, ,719, Remaining Balance: (570,786.32) (127,925.89) (1,187,925.89) (737,925.89) (1,874,925.89) (1,511,926.89) (2,730,925.89) (2,459,926.89) (3,765,925.89) (3,592,925.89) (4,990,925.89) (4,921,925.89) (6,416,92&89)

18 STATE BOARD OF ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS PROPOSED BIENNIAL RENEWAL FEE INCREASE - SEPTEMBER /1/20 17 CURRENT TOTAL LICENSE RENEWAL RENEWAL COUNT FEE FEES $ 1,496,850, $ 98, $ 114,10000 $ 1,709, $ 413, $ 2,122, EFFECTIVE - - tnldrr Professional Engineer 29,937 $ Professional Land Siirvvynr $ Professional Geotogisl 2,282 S FY PROPOSED RENEWAL FEE 100% increase $ $ $ 100,00 TOTAL REVENUE $ 2, $ 190, $ 228, Last Fee Increase was effective fl All licensee classes renew in September of the odd years Fee increase is budgeted to take effect in September 2017 (FY17 lb) $ 3,418, $ 413, $ 3,831, I KLJJEL. I U FE.E - )1UO Actual Actual - Projected Projected Projected Projected Projected - Projected Projected Projected Projected FINANCIAL STATUS FY 14-IS FY FY FY FY FY FY FY FY FY FY FY FY Prepared by Bureau of Finance and Operations Division of Fiscal Maneqement LICENSE CLASSES TOTAL RENEWAL REVENUE: TOTAL NON-RENEWAL REVENUE: TOTAL BIENNIAL BOARD REVENUE: Projected Beginning Balance: 427, (570,786.32) (127,926.89) (1,187,92S.89) ,11 (165,925.89) 1,889, , ,650, ,361, ,226, ,846, ,606, Revenue: 228, ,809, , ,591, , ,591,000,00 241, ,591, , ,591, , ,591, , Total Available: 656, ,238, , ,403,074,11 1,195, ,425, ,130, ,278, ,891, ,952, ,467, ,436, ,847, Expenses/Budget: 1,227, ,366, ,284, ,449, ,361, ,536, ,443, ,628, ,530,000,00 1,726, ,622, ,830, ,719,00000 Remaining Balance: (570,786.32) (127,925.89) (1,187,925.89) 954,074,11 (165,925.89) 1,889, , ,660, ,361,074,11 3,226, ,845, ,606, ,128, Prolected

19 STATE BOARD OF ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS PROPOSED BIENNIAL RENEWAL FEE INCREASE EFFECTIVE SEPTEMBER /1/2017 LICENSE CLASSES Professional Engineer Professional Land Surveyor Professional Geologist TOTAL RENEWAL REVENUE TOTAL NON.RENEWAL REVENUE CURRENT TOTAL FY1S20 LICENSE RENEWAL RENEWAL PROPOSED TOTAL COUNT FEE FEES RENEWAL FEE REVENUE 100% increase $ $ 1, $ $ ,966 $ 5000 $ $ $ $ $ 114, $ S ,185 $ 1,709, $ 3,418, S 413, $ 413, Last Fee Increase Was effective in All licensee classes renew in September of the odd years Fee increase is budgeted to take effect in Sepfember 2019 (FVI9.20) 5 2,122, $ 3,831, I CU CCC $100 3 Prepared by Bureau of Finance and Operations Oivision of Fiscal Management TOTAL BIENNIAL BOARD REVENUE. -, e$50 Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected FINANCIAL STATUS FY FY FY F Y FY FY FY FY FY FY FY FY FY Beginning Balance: 427, (570,786.32) (127,925.89) (1,187,925.89) (737,925.89) (1,874,925.89) 180, (1,021,925.89) 941, (347,925.89) 1,517,074,11 136, ,897, Revenue: 228, ,809, , ,899, , ,591, , , , ,691, , ,591, , Total Available: 656, ,238, , , (513,925.89) 1,716, , ,569, ,182, ,243, ,758, , ,138, Expenses/Budget: 1,227, ,366, ,284, ,449, ,361, ,536, ,443, ,628,000,00 1,530, ,726, ,622, ,830, ,719, Remaining Batance: (570,786.32) (127,925.89) (1,187,925,89) (737,925.89) (1,874,925.89) 180, (1,021,925.89) 941, (347,925.89) 1,517, , ,897, ,074.11

20 Commonwealth of Pennsylvania LI DEPARTMENT OF STATE FY EXPENDITURES FY BUDGET INFORMATION FY BUDGET PLANNING STATE BOARD OF ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS

21 STATE BOARD OF ENGINEERS RENEWABLE LICENSEE COUNTS ) FY 2011/2012 FY FY FY2014/2015 FY2015/2016 Licensees LICENSEES BY CLASS FY FY FY Professional Engineer Professional Land Surveyor 29,286 2,052 2,312 28, ,204 29,937 1, TOTAL 33,650 32,798 34, Professional Geologist 32798

22 3 Renewals: Revenue collected from license and certificate renewal fees during the renewal period. Applications Revenue collected for applications received from candidates for new licensure, certification or registration. Letters of Good StandinglCertifications: Revenue collected for requests from licensees and certificate holders for Letters of Good Standing and Certifications. These letters and certifications are used by the licensees or certificate holders to send to other jurisdictions to verify that the holder of the license or certificate is in good standing with the Commonwealth of PA. Permits: Revenue collected for the issuance of temporary licenses. Act 48: Revenue collected from citations issued and civil penalties imposed by the Bureau of Enforcement and Investigation s inspectors for non-compliance to standards found during routine inspections. Civil Penalties: Revenue deposited as a result of penalties imposed for an offense that violates the Board or Commission s licensing laws and/or regulations. Licensee List: Revenue collected for licensee list requests from the public through the Bureau of Professional and Occupational Affairs. The information provided on these lists include name, address, license number, county, certification and expiration date. Investigations: Revenue collected for the reimbursement of investigations. REVENUE BY SOURCE DEFINITIONS

23 DEPARTMENT OF STATE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS Renewal Fees Renew September odd years - last fee increase Classes: $50 biennially ($100 w/ fee increase) Board approved a 100% increase in JuDy Increase will go into effect September 2017, 4 STATE BOARD OF ENGINEERS, LAND SURYEVORS, AND GEOLOGISTS FYI 4-15 AND FYI5-I6 SOURCES OF REVENUE FYI4-15 FYI5-16 BIENNIAL REVENUE BYSOURCE ACTUAL ACTUAL TOTAL Renewals 20, ,603, ,624, Applications 67, , , Letters of Good Standing/Certifications 52, , , Civil Penalties 31, , , Act 48 13, , , Investigations 1, , Licensee List 40, , , TOTAL REVENUE 228, ,809, ,038, All

24 COST CATEGORY DEFINITIONS 5 Board Administration: Timesheet based staff expenses (personnel, operating and fixed assets) for the licensing divisions in the Bureau of Professional and Occupational Affairs. Direct charges, such as printing and mailing costs for board and commission renewal notices, informational handouts, Acts, Rules and Regulations are included in this cost category. Operating and fixed asset expenses that are distributed based on their benefit to the board using licensee population, such as License 2000, copy paper, Data PowerHouse, staff augmentations for BPOA, Penn Center lobby security, and interagency billings (i.e., Civil Service Commission, Comptroller s Office, etc.). Comm issioner s Office: Tirnesheet based staff expenses (personnel, operating and fixed asset charges) for those staff assigned to the Commissioner s Office. Revenue Office: Timesheet based staff expenses (personnel, operating and fixed asset charges) for those staff assigned to the Revenue Office, which handles license renewals and application fees as well as other sources of revenue. Departmental Services: Timesheet based charges for support provided by the various support offices within the agency. These include the Executive Office, which consists of offices of the Secretary of the Commonwealth, the Executive Deputy Secretary, the Deputy of Administration, the Deputy Secretary of Regulatory Programs, the Chief Information Officer, Office of Policy, Office of Chief Counsel, Office of Communications and Press, and Office of Legislative Affairs. In addition, costs are included for the offices of Bureau of Management Information Services, Bureau of Finance and Operations and Human Resource Office. Legal Office: Tin-iesheet based staff expenses (personnel, operating and fixed assets) for board counsel, board prosecutors, legal review of policy and regulatory matters, and support staff. Examples of direct charges are expert witness services and advertising costs of license suspensions, revocations or fines assessed. Hearing Expenses: Timesheet based staff expenses (personnel, operating and fixed assets) for staff assigned to the Hearing Examiners Office. There are also direct charges for hearing related expenses such as court reporting services.

25 6 Enforcement and Investigation: Timesheet based staff expenses (personnel, operating and fixed assets) are captured for headquarters and the four regional offices. Professional Compliance Office: Timesheet based staff expenses (personnel, operating and fixed assets) for staff assigned to the Professional Compliance Office. Board Member Expenses (direct charges): Board member per diem, conference registration fees, nameplates, travel expenses and membership dues for national professional organizations.

26 DEPARTMENT OF STATE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BOARD OF ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS ( Prepared by bureau of Finance and Operafions Division of FscaI Management A B C D E FY FY FY ACTUAL ACTUAL FY EXPENSES AS COST CATEGORY EXPENSES EXPENSES BUDGET OF 2/28/17 ADMINISTRATIVE COSTS: Board Admimstration 501, , , Commissioner s Office 21, , , , Revenue Office 15, , , Departmental Services 157, , , , Board Member Expenses 34, , , , LEGAL COSTS,: Legal Office 339, , , , Hearing Expenses 30, , , , Professional Compliance Office 27, , , , Enforcement and Investigation 99, , , , TOTAL BOARD COSTS: 1,227, ,366, ,284, , PROPOSED ACTUAL ACTUAL BUDGET BUDGET PROJECTED PROJECTED FINANCIAL STATUS FY FY FY FY 1718* FY FY BEGINNING BALANCE: 427, (570,786.32) (127,925.89) (1,187,925.89) 954, (165,925.89) REVENUE: 228, ,809, , ,591, , ,591, TOTAL REVENUE: 656, ,238, , ,403, ,195, ,425, EXPENSES/BU[)GET: 1,227, ,366, ,284, ,449, ,361, ,536, REMAINING BALANCE: (570,786.32) (127,925.89) (1,187,925.89) 954, (165,925.89) 1,889, *1000/n fee increase effective in September 2017 (FY17-18).

27 CATEGORY DESCRIPTION 8 BOARD PER DIEMS: Daily per diem per board member. BOARD BENEFITS: Paid benefits for social security, medicare, etc against the daily per diem per board member. BOARD TRAVEL: Regularly scheduled board meetings; special board meetings, hearings, committee meetings; conferences, trainings, special requested board meeting attendance. All travel includes hotel rooms, meals, ground transportation, airline tickets, and shuttle costs per person. BOARD CONFERENCE REGISTRATIONS: Registrations for each participant who is required to pay a conference fee. BOARD OFFICE SUPPLIES: Office supplies used to sustain the board s needs. BOARD PRINTING COSTS: Cost to print nameplates for board members. MEMBERSHIP DUES: The costs attributed to membership in national and state associations related to board operations.

28 DEPARTMENT OF STATE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BOARD OF ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS Prepared by: Bureau of Finance and Operations 9 Division of Fiscal Management BOARD MEMBER EXPENSES: FYI4-15 FYI5-16 FYI6-17 ACTUAL ACTUAL FYI 6-17 EXPENSES FYI 7-18 CATEGORY EXPENSES EXPENSES BUDGETED AS OF 2/28117 REQUEST Board Per Diems $12, $18, $18, $7, $18, Board Benefits $1, $2, $2, $ $2, Board Trave $8, $4, $10, $2, $10, Board Conference Registrations $ $0.00 $1, $ $1, Board Office Supplies $11.52 $0.00 $50.00 $0.00 $50.00 Board Printing Costs $0.00 $0.00 $50.00 $0.00 $50.00 MembershipDues $11, $11, $11, $11, $11, TOTAL: $34, $36, $43, $22, $43,000.00

29 (Board) hereby amends (relating to schedule of fees) to read as set forth in Annex A. biennial renewal. The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin. The increased biennial renewal fee will be implemented with the September 30, 2017, Effective date The State Registration Board for Professional Engineers, Land Surveyors and Geologists May II, 2017 through fiscal year At the end of fiscal year (a non-renewal year), the deficit would swell to approximately ,000 and would continue to grow thereafter. BFO deficit at the end of fiscal year will be Si,187,926, with an operating deficit of $617,140 increase to $1,426,000 by fiscal years and , adding to the accumulated projected that the Board s biennial expenses would increase from a total of $2,704,000 in fiscal necessary to raise fees to meet or exceed projected expenditures. in compliance with section 9(a) operating deficit will be S6S7,000 in fiscal years and and continue to in the biennium. BFO further projects that, without an increase in the renewal fee, the expenses for fiscal years through and projected revenue and expenses biennial renewal fees from $50 to S 100. Three years later, BFO now projects that the accumulated of the act. As a result, the Board voted at its March 12, 2014, meeting to propose increasing the At the Board s meeting on March 12, 2014, representatives from the Department of State s from $85 to over $100 per licensee per biennium. Therefore, the Board determined that it was approximately licensees at that time, BFO projected that these expenses would increase Bureau of Finance and Operations (BFO) presented a summary of the Board s actual revenue and Board had accrued a deficit of approximately $660,000. BFO projected that, without an increase years and to $3,228,000 in fiscal years and With in the renewal fee, at the end of fiscal year (a non-renewal year), the accumulated Board, to increase the fees such that adequate revenues are raised to meet the required enforcement If fees are inadequate to meet the minimum enforcement efforts required, section 9(b) of the act renewal fees. A small percentage of its revenue comes from other fees, fines and civil penalties. expenditures over a 2-year period. The Board raises the majority of its revenue through biennial shall increase fees if the revenue raised by fees, fines and civil penalties is not sufficient to meet effort. revenue it generates from fees, fines and civil penalties. In addition, the act provides that the Board requires the Bureau of Professional and Occupational Affairs (BPOA), after consultation with the Under section 9 of the act, the Board is required by law to support its operations from the Description and.eed for the Rulemaking meet expenditures over a 2-year period. projected expenditures if the revenues raised by fees. fines and civil penalties are not sufficient to (act) (63 P.S. 156(a)) requires the Board to increase fees by regulation to meet or exceed Section 9(a) of the Professional Engineer, Land Surveyor and Geologist Registration Law.StaturOr). Authority FINAL preamble 16A-4713 Renewal Fee

30 a 30-day public comment period. The Board received public comments from the following The Board published notice of proposed rulemaking at 45 Pa.B (May 16, 2015) with Sumniaiy of Comments to the Propo,ved Rulemaking and the Boards Response deficit. Without the proposed increase. BFO projects that the accumulated deficit will soar to S6,416,926 by the end of fiscal year May 11,2017 renewal fee. Under sections 4.2(b)(3), 4.3(b)(2) and 4.4(d) of the law (63 P.S (b)(3). other license from the Board and thus should not be expected to share in the overall cost of operating the Board. other than payment of the costs of processing the application for the in train ing certificate. renew this certification. The holder of an in-training certificate is receiving no authorization or presumably the surveyors-in-training and geologists-in-training) who are not currently assessed a calculating the years of progressive experience required for licensure, and the Board does not education and passing the fundamentals examination, a candidate for licensure receives the in issuance of the in-training certificate does nothing more than act as the starring point for training certificate that is valid without time limitation until the individual becomes licensed. The 15l.3(b)(2) and 151.4(d)), after completing the required education or experience in lieu of A commenter suggested that the Board assess a renewal fee on engineers-in-training (and renewal fee for the second and an even lower renewal fee for a third license. For congruency, the would require the Board to weigh the relative value of each license; it will not perform such a task. Regardless of the number of licenses held, each license authorizes the holder to practice that profession without limitation other than the holder s proficiency. A licensee who qualifies for and revenue and require the Board to increase the renewal fees elsewhere to meet expenses. classification of the license or the number of licenses held, that would reduce the amount of only the single license. Were the Board to authorize a lesser renewal fee based upon the chooses to hold an additional license receives that same fill authorization as a licensee who holds number of licenses held. In addition to the greater difficulty of administration, varying the fees Some commenters suggested that a licensee who holds multiple licenses should pay a lower Board has never charged differing renewal fees. whether based upon the type of license or the licensees pointed out that the increased renewal fee is in addition to the recently imposed cost to comply with mandatory continuing education. All of the licensees who commented objected to an increase in the renewal fee. Many the Senate Consumer Protection and Professional Licensure Committee (SCP PLC) Widmer, PLS. The Board received no other comments from the public. The Board received Napolitan, PG; Kevin R. Sech, PG, PE; Timothy M. Stahl, PE; Robert 0. Taylor, II, PE: and David comments from the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC) as part of their review of proposed rulemaking under the Regulatory Review Act (71 P.S ). The Board did not receive any comments from behalf of the Pennsylvania Council of Professional Geologists; James Mulry, PG; Michael licensees: Bill Adams, PG, PE; Gregg A. Davis, PLS Lee Geisler, PLS; Mark B. loos. PG, on l6a-4713 Fee FINAL preamble Renewal

31 licensees who have retired. However, a licensee who is retired and not practicing need not renew requirement. act (63 PS (g)( I )(iii)) and pay the renewal fee, but is exempt from the continuing education himself out as a retired licensee may take active-retired status under section 4.5(g)(1iii) of the and is not required to complete continuing education. A retired licensee who wishes only to hold A commenter pointed out that paying any increased renewal fee is more difficult for those 3 May 11,2017 LICENSEES BY CLASS FY FY FY FY Professional Engineer 27,786 29,286 28,653 29,937 Professional Land 2, ,941 1,966 Surveyor TOTAL 32,036 33,650 32,798 34,185 Professional Geologist 2,240 2,312 2,204 2,282 renewal fee even though, with fewer licensees, there should be reduced costs of regulation. The 2014 through fiscal year , as follows: decreasing, and spreading the same amount of costs over fewer licensees would result in a larger number of Board licensees has actually increased slightly in all three classes from fiscal year A public commenter suggested that the number of licensed professional land surveyors is to S10,000 per violation. See, section 5(b)(4) of the act of July 2, 1993 (P.L. 345, No. 48) (Act be expected to increase the Board s costs in investigating, prosecuting and adjudicating those its deterrent effect and not simply to raise funds. In the same legislation, the General Assembly 48) (63 P.S. 2205(b)( )). Yet, the civil penalty imposed in any given case must be designed for 17, 2009 (P.L. 95, No. 25), the General Assembly authorized the Board and other licensing boards adjudication of violations of the law. Civil penalties are not levied as a revenue source; these Some public commenters suggested increasing revenue through CVi penalties. essentially putting more of the burden on those who create the need for investigation, prosecution and financial disincentives are designed to deter the respondent licensee and others from committing increase in revenue from civil penalties and costs of investigation, although it is not enough to avoid a renewal fee increase. It is worth noting that an increase in the number of complaints would the law. See, section 5(b)(5) of Act 48 (63 P.S. 2205(b)(5)). The Board has recently seen an violations, After years of being limited to a maximum civil penalty of S1,000, by the act of July within the Bureau of Professional and Occupational Affairs (BPOA) to levy civil penalties of up complaints prior to any increased revenue from assessed civil penalties or costs is realized. authorized BPOA boards to assess the costs of investigation against a respondent who has violated relies upon Department managers to assure that those employees charging time to the Board are reduce its costs before considering an increase in the renewal fee. As discussed below, the vast Almost all of the public commenters suggested that the Board should first take steps to majority of the Board s costs are for the labor of the Department of State employees who process applications and other paperwork in the Board s office. investigate complaints against licensees, prosecute those complaints or perform other legal services on behalf of the Board. The Board actually performing those services, the services are necessary and the services are efficiently provided. FINAL preamble I 6A RenwaI Fe

32 per two years. The biennial registration renewal fee in Delaware is $50 for professional engineers. Jersey is S80 (S40 if retired. In addition to the mandatory continuing education fee of $45, in New York the triennial renewal fee is $210 for a professional engineer and $210 for a professional the registration fees for a professional engineer in Ohio of $40 per year and in Maryland of S76 The biennial registration fee for professional engineers and professional land surveyors in New A public commenter suggested that the Board s renewal fee should be kept comparable to 4 Mayll,20l7 related costs for the board counsel, prosecuting attorneys, regulatory counsel, and legal support notices published on behalf of the board. Legal office costs are also dependent to a large degree constant unless there are significant special projects. For example, in fiscal years and , counsel prepared final rulemaking to implement required continuing education, and in proposed rulemaking to address use of electronic seals and signatures. This cost center has ranged The second largest cost center for the Board is the legal office. which includes personnel on the number of complaints that are filed, investigated and prosecuted. However, it also includes fiscal years and counsel researched and prepared exposure drafts and costs associated with the Board s counsel and regulatory counsel, which tend to remain fairly staff. It also includes direct charges such as expert witness fees, and costs associated with legal The largest cost center for the Board has historically been Board administration, which low of $315,529 (during fiscal year fiscal year includes costs associated with the Board s administrative staff, printing and mailing, publications, supplies, operating and fixed assets. and so forth. Board administration costs tend to fluctuate During this time frame, this cost center has accounted for 43% of the Board s expenses. approximately $499,126 per year from fiscal year through fiscal year a renewal year). The expenses of this cost center have averaged a non-renewal year) to a high of $682,939 (in depending on whether a given year is a renewal year or not, as more administrative staff and resources are dedicated to the Board during a renewal year. This cost center has ranged from a Enforcement and Investigation (BEI). Secretary of the Commonwealth and deputies, and office of chief counsel). Legal costs include those costs associated with the legal office (prosecution division, board counsel, services of experts), the office of hearing examiners, the Professional Compliance Office. and the Bureau of Commissioner s office, the Revenue office, and Departmental services (human resources, finance The cost centers of the Board fall into two broad categories: administrative costs and legal costs. Administrative costs include those associated with Board administration, the and operations. management information systems, press office. legislative and policy offices, information in the final-form rulemaking to support the need for the increased fee. for fiscal year and an updated projection for ; and any other measures the Board has considered that would help reduce the projected deficits, either reduction in expenses or increase in other forms of revenue. IRRC also asked the Board to provide more detailed of the Board and any significant increases in its expenditures; actual revenue and expense numbers The 1 IPLC requested that the Board provide the following information: major cost centers fee to be charged by the Board is not out of line with the fees charged in the surrounding states. (S30 if retired) and $100 annually for professional land surveyors. The new S100 biennial renewal land surveyor. The registration fee in West Virginia is $70 biennially for professional engineers FINAL preamble 16A47 13 Renewal Fee

33 Another large cost center far the Board is BE!. ranine from a io of S (in ficai expenses from a low of $124,760 (in fiscal year ) to a high of $399,643 (in fiscal year During this time frame, this cost center has accounted for 22% of the Board s 2014), with an average cost of S254,527 per year from fiscal year through fiscal year May 11,2017 The increased biennial renewal fee will impact licensees of the Board. There are currently Fiscal Impact operating surplus of $1,022,000 in the biennium that will be used to recoup part of the accumulated deficit. Based upon BFO s projections. the new biennial renewal fee should be projects that, following an additional operating deficit in the biennium, there will be an sufficient to recover the accumulated deficit by the end of fiscal year BFO further projects that the amount of the operating surplus each biennium will continue to decrease as follows: SS53,000 in the biennium; $674,000 in the biennium; S in thereafter. At that time, if these projections hold, the Board will be required to again evaluate the need for a fee increase. to outpace revenues and become an operating deficit during the biennium or shortly By increasing the renewal fee to Sl00 beginning with the biennium, BFO the biennium; and 5283,000 by the biennium. Expenditures are expected increase, the Board is attaching information prepared by BFO to the regulatory analysis form. This were $1,394,146 in fiscal year and $1,227,117 in fiscal year BFO also reports that the Board s actual revenue was S 1,787,824 in and $228,467 in , S224,000 in fiscal year , resulting in a projected biennial operating deficit of 5617,140. were $1,366,832 in fiscal year and are projected to be $1,284,000 in fiscal year and that its actual revenue was 51, in fiscal year and is projected to be detailed information is also available upon request. BFO reports that the Board s actual expenses resulting in a biennial deficit of 5604,972. BFO further reports that the Board s actual expenses In response to IRRC s request for updated financial information as the basis for the fee Departmental services, office of hearing examiner, Professional Compliance Office and Board 2008 through The remaining cost centers (Commissioner s office. Revenue office. These three cost centers made up 76% of the Board s total expenses from fiscal years members) comprise the remaining 24% , this cost center has accounted for 1 1% of the Board s expenses. dependent upon how many complaints are filed, and how many of those complaints merit historically the numbers have fluctuated dramatically. ranging from a low of 59 (in fiscal year ) to a high of 326 (in fiscal year ), with an average of 187 each year from from fiscal years through These are the costs associated with investigatory fiscal year through fiscal year From fiscal years through year ) to a high of S157,791 (in fiscal year ), with an average of 5129,277 services provided by the Bureau of Enforcement and Investigation to the Board and are entirely investigation. It is difficult to predict how many complaints may be filed in a given year. and FINAL preamble 16A-4713 Renewal Fee

34 Paperwork Requirements its political subdivisions. no other adverse fiscal impact on the private sector, the general public or the Commonwealth or licensees are considered to be working for small businesses. The final-form rulemaking will have will be required to pay more to renew their licenses in 2017 and thereafter. The vast majority of and 2,282 licensed professional geologists, or a total of approximately 34,185 licensees who all approximarely 29,937 licensed professional engineers, L966 licensed professional land sur evors 6 May (2) A public comment period was provided as required by law and all comments were July 31, 1968 (P.L. 769, No. 240) and regulations promulgated thereunder, I Pa. Code 7.1 and 7.2. (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of The Board finds that; Findings (renewal fee), when requesting information. 2649, Harrisburg, PA , RA-engineerpa.gov. Please reference No. 16A-4713 State Registration Board for Professional Engineers. Land Surveyors and Geologists, P.O. Box Further information may be obtained by contacting Robin Shearer, Board Administrator, Additional Injorniation 2017, and approved the final-form rulemaking. and the SCPPLC. Under section 5.1(3.2) of the Regulatory Review Act (71 P.S a(j.2)). On, 2017, the Board delivered final-form rulemaking to IRRC, the 1-IPLC on, 2017, the final-form rulemaking was deemed approved by the HPLC and by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on documents when requested. In preparing the final-form rulemaking. the Board has considered all comments received from IRRC, the HPLC. the SCP/PLC and the public. provided with copies of the comments received during the public comment period, as well as other Under Section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCPPLC were and the chairpersons of the FIPLC and the SCP/PLC for review and comment. Board submitted a copy of the notice of proposed rulemaking, published at 45 Pa.B. 2368, to IRRC Under section 5(a) of the Regulatory Review Act (71 P.S (a)). on May 4, 2015, the Regulatory Review new renewal fee; however, the amendment will impose no additional paperwork requirements The final-form rulemaking will require the Board to alter some of its forms to reflect the upon the Commonwealth, political subdivisions or the regulated community or the private Sector. Fl>AL preamble 16A Renewal Fee

35 administration of the Engineer, Land Surveyor and Geologist Registration Law. (4) The final-form rulemaking adopted by this order is necessary and appropriate for the of proposed rulemaking published at 45 PuB (3) This final-form rulemaking does not include any amendments that would enlarge the scope considered. 7 Mayll,2017 Land Surveyors and Geologists State Registration Board for Professional Engineers, Theodore Tesler, PG, President (e) The final-form rulemaking shall take effect upon publication in the Penns i van/a Bulletin. Reference Bureau as required by law. (d) The Board shall certify this order and Annex A and deposit them with the Legislative required by law. (c) The Board shall submit this order and Annex A to IRRC, the HPLC and the SCP/PLC as Office of General Counsel for approval as required by law. (b) The Board shall submit this order and Annex A to the Office of Attorney General and the amended to read as set forth in Annex A. (a) The regulations of the Board at 49 Pa. Code relating to schedule of fees) are The Board, acting under its authorizing statute, orders that: 16A-4713 Fee FINAL preamble Renewal

36 Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS PART I. DEPARTMENT OF STATE TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS ANNEX A 1 Mayl Biennial renewal of registration [S50j JQ.Q (a) RenewLe/fee. The Board will charge the following renewal fee: Schedule of fees. ***** QUALIFICATIONS FOR LICENSURE ENGINEERS, LAND SURVEYORS AND GEOLOGISTS CHAPTER 37. STATE REGISTRATION BOARD FOR PROFESSIONAL FINAL Annex 1 6A Renewal Fee

37 Dr. Bill Adams, PG, PE Renewal Fee LIST OF COMMENTATORS mike(tavlorgeoservices. corn (610) Michael Napolitan, PG Taylor GeoServices Newtown Square, PA Bishop Hollow Road iimmulry(d mcenvironrnental.corn Jim Mulry (610) Glenmoore, PA Horsehoe Pike Muiry and Cresswell Environmental, Inc. Pennsylvania Council of Professional Geologists mioos(askellylov.com Mark B. loos. PG (717) Camp Hill, PA Forest Drive Lee. geisler(lphila. gov Philadlephia, PA Woodland Ave., 2 Floor 7th Survey District City of Philadelphia (215) Lee Geisler, PLS reggdavis(:pa. gov Greeu A. Davis. PLS bsgadamswrai r(ai Lc (724) State Registration Board for Professional Engineers, Land Surveyors and Geologists 16A-4713 Appendix A DWidrnerd widrnerengineering.com Widmer Engineering, Inc. David 11. Widmer, PLS Robert 0. Taylor, 11. PE robertotaylorjr@ao 1. corn (570) tistahl(i. pa.gov 2 Public Square, 5th Floor Bureau of Abandoned Mine Reclamation Wilkes-Barre, PA Dept. of Environmental Protection TimothyM. Stahl, PE krsechhi Ibec. corn Downingtown. PA Beaver Run Road Kevin R. Sech, PG, PE HILBEC Engineering & Geosciences. LLC (610)

38 V Department STATE REGISTRATION BOARD FOR PROFESSIONAL Leigh Chapman, Director of Policy, Department of State State Registration Board for Professional Engineers, Land Surveyors and Geologists State Registration Board for Professional Engineers, Land Surveyors and Geologists Enclosure Professional and Occupational Affairs Timothy Gates, Chief Counsel Cynthia Montgomery, Regulatory Counsel Juan A. Ruiz, Counsel Department of State of State cc: Ian J. Harlow, Commissioner of TI/TAB :rs Land Surveyors and Geologists State Registration Board for Professional Engineers, during the course of its review of the rulemaking. The Board will be pleased to provide whatever information the Commission may require Enclosed is a copy of a final rulemaking package of the State Registration Board for Professional Engineers, Land Surveyors and Geologists pertaining to Renewal Fee. Dear Chairman Bedwick: State Registration Board for Professional Engineers, Land Surveyors and Geologists 16A-4713: RENEWAL FEE Re: Final Regulation th Floor, Harristown 2, 333 Market Street 14 The Honorable George D. Bedwick, Chairman June 14, 2017 INDEPENDENT REGULATORY REVIEW COMMISSION Harrisburg, Pennsylvania Harrisburg, Pennsylvania ENGINEERS, LAND SURVEYORS AND GEOLOGISTS BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS Post Office Box 2649 (717) V Sincerely, DEPARTMENT OF STATE COMMONWEALTH OF PENNSYLVANIA

39 -- MINORITY TRANSMITTAL SHEET FOR REGULATIONS SUBJECT TO THE REGULATORY REVIEW ACT I.D. NU1 IBER: 16A-4713 SUBJECT: AGENCY: Renewal Fee DEPARTMENT OF STATE Bureau of Professional and Occupational Affairs State Registration Board for Professional Engineers, Land Surveyors and Geologists TYPE OF REGULATION Proposed Regulation X Final Regulation Final Regulation with Notice of Proposed Rulemaking Omitted -) Z m 120-day Emergency Certification of the Attorney General D 120-day Emergency Certification of the Governor Re-Delivery of Disapproved Regulation a. With Revisions b. Without Revisions FILING OF REGULATION DATE SIGNATURE DESIGNATION HOUSE COMMITTEE ON PROFESSIONAL LICENSURE i1iihi_iltq MAJORITY CHAIR Mark T.Mustio CHAIR SENATE COMMITTEE ON CONSUMER PROTECTION & PROFESSIONAL LICENSURE CHAIR CHAIR Lisa Boscol REGULATORY REVIEW COMMISSION GENERAL (for Final Omitted only) REFERENCE B UREA U (for Proposed only) June 12, 2017