BILL REQ. #:  H-1343.1 

Read first time 02/18/2003.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to the practice of soil science; amending RCW 18.220.010 and 18.220.190; adding a new section to chapter 18.220 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 18.220 RCW to read as follows:
     This chapter permits the state and any political subdivision of the state or a county, city, or other public body to use either the services of a soil scientist engaging in the practice of soil science or a licensed geologist or licensed specialty geologist engaging in the practice of geology or relevant specialty to perform work that is within the scope of practice of both professions.

Sec. 2   RCW 18.220.010 and 2000 c 253 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means the geologist licensing board.
     (2) "Department" means the department of licensing.
     (3) "Director" means the director of the department of licensing.
     (4) "Engineering geologist" means a geologist who, by reason of his or her knowledge of engineering geology, acquired by education and practical experience, is qualified to engage in the practice of engineering geology, has met the qualifications in engineering geology established under this chapter, and has been issued a license in engineering geology by the board.
     (5) "Engineering geology" means a specialty of geology affecting the planning, design, operation, and maintenance of engineering works and other human activities where geological factors and conditions impact the public welfare or the safeguarding of life, health, property, and the environment.
     (6) "Geologist" means a person who, by reason of his or her knowledge of geology, mathematics, the environment, and the supporting physical and life sciences, acquired by education and practical experience, has met the qualifications established under this chapter, and has been issued a certificate of licensing as a geologist by the board.
     (7) "Geology" means the science that includes: Treatment of the earth and its origin and history, in general; the investigation of the earth's constituent rocks, minerals, solids, fluids, including surface and underground waters, gases, and other materials; and the study of the natural agents, forces, and processes that cause changes in the earth.
     (8) "Hydrogeology" means a science that involves the study of the waters of the earth, including the study of the occurrence, circulation, distribution, chemistry, remediation, or quality of water or its role as a natural agent that causes changes in the earth, and the investigation and collection of data concerning waters in the atmosphere or on the surface or in the interior of the earth, including data regarding the interaction of water with other gases, solids, or fluids.
     (9) "Licensed specialty geologist" means a licensed geologist who has met the qualifications in a specialty of geology established under this chapter and has been issued a license in that specialty by the board.
     (10) "Practice of engineering geology" means performance of geological service or work including but not limited to consultation, investigation, evaluation, planning, geological mapping, and inspection of geological work, and the responsible supervision thereof, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter, and includes but is not limited to the commonly recognized geological practices of construction geology, environmental geology, and urban geology.
     (11) "Practice of geology" means performance of geological service or work including but not limited to collection of geological data, consultation, investigation, evaluation, interpreting, planning, geological mapping, or inspection relating to a service or work that applies to geology, and the responsible supervision thereof, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter.
     (12) "Practice of geology for others" includes, but is not limited to:
     (a) The preparation of geologic reports, documents, or exhibits by any commission, board, department, district, or division of the state or any political subdivision thereof or of any county, city, or other public body, or by the employees or staff members of the commission, board, department, district, or division of the state or any political subdivision thereof or of any county, city, or other public body when the reports, documents, or exhibits are disseminated or made available to the public in such a manner that the public may reasonably be expected to rely thereon or be affected thereby; and
     (b) The performance of geological services by any individual, firm, partnership, corporation, or other association or by the employees or staff members thereof, whether or not the principal business of the organization is the practice of geology, which the geological reports, documents, or exhibits constituting the practice of geology are disseminated or made available to the public or any individual or organization in such a manner that the public or individual or combination of individuals may reasonably be expected to rely thereon or be affected thereby.
     However, geological reports, documents, or exhibits that are prepared by the employees or staff members of any individual, firm, partnership, corporation, or other association or commission, board, department, district, or division of the state or any political subdivision thereof or any county, city, or other public body that are for use solely within such organizations are considered in-house reports, documents, or exhibits and are not the practice of geology for others unless or until the reports are disseminated or made available as set forth in (a) or (b) of this subsection.
     (13) "Practice of hydrogeology" means the performance of or offer to perform any hydrogeologic service or work in which the public welfare or the safeguarding of life, health, environment, or property is concerned or involved. This includes the collection of geological data, and consultation, investigation, evaluation, interpretation, planning, or inspection relating to a service or work that applies hydrogeology.
     (14) "Practice of soil science" means the performance of or offer to perform soil science work including, but not limited to, the investigation, evaluation, planning, management, classification, and mapping of soil and the interpretation of soil behavior, including surface erosion and landslide assessment, and the inspection and responsible charge of such work.
     (15) "Responsible charge" means the exercise of fully independent control and direction of geological work or the supervision of such work, and being fully responsible, answerable, accountable, or liable for the results.
     (((15))) (16) "Soil scientist" means a person who is qualified to engage in the practice of soil science by reason of soil science knowledge acquired by education and practical experience, as determined by the director by rule, which must include at a minimum:
     (a)(i) Graduation from an accredited college or university in a four-year course of study satisfactory to the director or from a four-year course of study in a program accredited by an organization recognized by the director, which includes at least thirty semester hours of credit, or the equivalent, in biological, physical, or earth science, with a minimum of fifteen semester hours, or the equivalent, in subjects such as soil genesis, pedology, soil chemistry, soil physics, and soil fertility, leading to a bachelor's or higher degree in soil science; and
     (ii) Four years of experience obtained subsequent to completion of the academic requirements specified in (a)(i) of this subsection in soil science work of a character satisfactory to the director and demonstrating that the person is qualified to assume responsible charge of soil science work; or
     (b)(i) A bachelor's degree or higher from an accredited academic institution satisfactory to the director, but not having the course of study prescribed in (a)(i) of this subsection; and
     (ii) Seven years of experience obtained subsequent to completion of the academic requirements specified in (b)(i) of this subsection in soil science work of a character satisfactory to the director and demonstrating that the person is qualified to assume responsible charge of soil science work.
     (17) "Specialty" means a branch of geology that has been recognized under this chapter for the purposes of licensure. Engineering geology is considered to be a specialty of geology.
     (((16))) (18) "Subordinate" means any person who assists in the practice of geology by a licensed geologist or an exempt person, without assuming the responsible charge of the work.

Sec. 3   RCW 18.220.190 and 2000 c 253 s 20 are each amended to read as follows:
     The following activities do not require a certificate of licensing under this chapter:
     (1) Geological work performed by an employee or a subordinate of a geologist or specialty geologist licensed under this chapter, provided that the work does not include responsible charge of geological work as covered by this section, and is performed under the direct supervision of a geologist licensed under this chapter, who shall be and remains responsible for such work;
     (2) Geological work performed by officers and employees of the United States practicing solely as such officers and employees;
     (3) Geological work performed exclusively in the exploration for energy and mineral resources, insofar as such work has no substantial impact upon the public health, safety, and welfare as determined by regulations issued by the director;
     (4) Geological research conducted through academic institutions, agencies of the federal or state governments, nonprofit research institutions, or for-profit organizations, including submission of reports of research to public agencies;
     (5) Teaching geology or related physical or natural sciences;
     (6) The practice of engineering or other licensed professions: (a) The acquisition of engineering data involving soil, rock, ground water, and other earth materials; evaluation of the physical and chemical properties of soil, rock, ground water, and other earth materials; and the utilization of these data in analysis, design, and construction by professional engineers appropriately registered or licensed in this state; and (b) similar work performed by persons or organizations licensed or registered in any other profession or occupation related to geology, provided that such work is permitted under the applicable licensing or registration law, and is incidental to the practice or the profession or occupation for which licensing or registration is required. Nothing in this section shall be construed to permit the use of the title geologist or engineering geologist, or any other specialty as defined by the director, by an engineer or other licensed professional except as licensed under this chapter;
     (7) Geological work or general scientific work performed by soil scientists in the preparation of reports, documents, and exhibits relating to the practice of soil science. Nothing in this section may be construed to permit the use of the title geologist or engineering geologist, or any other specialty as defined by the director, by a soil scientist except as licensed under this chapter;
     (8) General scientific work customarily performed by such physical or natural scientists as chemists, archaeologists, geographers, hydrologists, oceanographers, and pedologists, ((and soil scientists,)) providing such work does not include the design and execution of geological investigations, being in responsible charge of geological or specialty geological work, or the drawing of geological conclusions and recommendations in a way that affects the public health, safety, or welfare; or
     (((8))) (9) The giving of testimony, or preparation and presentation of exhibits or documents for the sole purpose of being placed in evidence before any administrative or judicial tribunal or hearing, providing such testimony, exhibits, or documents do not imply that the person is registered under the provisions of this chapter.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.