Licensure of Professional Geologists and Continuing Education for Land Surveyors.
Purpose:
To establish the new profession of geology including licensure requirements, and extend continuing education for land surveyors.
Substance of proposed rule (Full text is posted at the following State website: http://www.regents.nysed.gov/meetings/2016/2016-04/professional-practice):
The Commissioner of Education proposes to amend section 29.3 of the Rules of the Board of Regents, add a new section 52.46 to the Regulations of the Commissioner of Education, and amend Part 68 of the Regulations of the Commissioner of Education to amend section 68.1, renumber and add new sections 68.7, 68.8, and 68.9, and renumber and amend sections 68.10 through 68.15 relating to the licensure of professional geologists under Article 145 of the Education Law. The proposed amendment would also amend renumbered section 68.15 relating to continuing education for land surveyors. The following is a summary of the proposed rule:
Subdivision (a) of section 29.3 of the Rules of the Board of Regents is amended to add the profession of professional geology to the list of design professions that are subject to its unprofessional conduct provisions.
Section 52.46 is added to the Regulations of the Commissioner of Education to establish the registration and curricular requirements for professional geologist education programs offered in New York State that lead to licensure as a professional geologist. The proposed amendment requires such programs to be a program in geological sciences or a substantially equivalent science as determined by the Department leading to a bachelor’s degree or higher degree and must require the following: (1) a minimum of six semester hours in college level mathematics beyond algebra and trigonometry or their equivalent as determined by the Department; (2) a minimum of 15 semester hours or the equivalent as determined by the Department in a combination of at least two of the following sciences: (a) physics; (b) chemistry; (c) biology; or their equivalent as determined by the Department; and (3) a minimum of 30 semester hours in geological sciences or the equivalent as determined by the Department, of which 24 semester hours must include at least one course from four of the following eight subject areas: (a) earth materials; (b) sedimentary geology; (c) engineering geology (geo-technology); (d) surficial and near-surficial geology; (e) hydrogeology; (f) geodynamics; (g) economic geology; (h) geological skills/applications; or (i) their equivalent as determined by the Department.
Part 68 of the Regulations of the Commissioner of Education is amended to add the profession of geology to the title of Part 68 to conform it to Chapter 475 of the Laws of 2014.
Subdivision (b) of section 68.1 of the Regulations of the Commissioner of Education is amended to add the profession of geology to the name of the State Board.
Sections 68.7 through 68.12 of the Regulations of the Commissioner of Education are renumbered as sections 68.10 through 68.15, respectively.
A new section 68.7 of the Regulations of the Commissioner of Education is added to establish the professional study requirements for licensure as a professional geologist.
A new section 68.8 of the Regulations of the Commissioner of Education is added to establish the experience requirements for licensure as a professional geologist.
A new section 68.9 of the Regulations of the Commissioner of Education is added to establish the examination requirements for licensure as a professional geologist.
Renumbered section 68.10 of the Regulations of the Commission of Education is amended to establish the requirements for licensure by endorsement for out-of-state examination for professional geologists.
Renumbered section 68.11 of the Regulations of the Commissioner of Education is amended to conform the fees for limited permits to the statutory fee of $105 and to establish the 30 day limited permit and project specific limited permit requirements for individuals, who are licensed in other jurisdictions, but unlicensed in New York State, who seek to provide geological services within this State. These requirements include, but are not limited to, the submission of the appropriate limited permit application to the Department, along with the required fee.
Renumbered section 68.13 of the Regulations of the Commissioner of Education is amended to add the profession of geology to the list of the design professions that are subject to its seal provisions.
Renumbered section 68.14 of the Regulations of the Commissioner of Education relating to continuing education for professional engineers is amended to add the profession of geology to the name of the State Board.
Renumbered section 68.15 of the Regulations of the Commissioner of Education relating to continuing education for land surveyors is amended to add the profession of geology to the name of the State Board, amend the expiration date for the mandatory continuing education requirement for land surveyors from June 30, 2014 to June 30, 2024 and amend an incorrect reference to the subdivision which imposes a fee on licensees for continuing education.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Office of the Professions, Office of the Deputy Commissioner, State Education Department, State Education Building 2M, 89 Washington Ave., Albany, NY 12234, (518) 486-1765, email: opdepcom@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.
Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.
Subdivision (9) of section 6509 of the Education Law authorizes the Board of Regents to define unprofessional conduct in the professions.
Section 7200 of the Education Law, as amended by Chapter 475 of the Laws of 2014, establishes the new profession of geology.
Section 7204-a of the Education Law, as added by Chapter 475 of the Laws of 2014, defines the profession of geology and the practice of geology by professional geologists.
Section 7204-b of the Education Law, as added by Chapter 475 of the Laws of 2014, establishes protection for the title “professional geologist.”
Subdivision (1) of section 7206-b of the Education Law, as added by Chapter 475 of the Laws of 2014 and amended by Chapter 9 of the Laws of 2015, establishes the education, experience, examination, age and moral character requirements for applicants seeking licensure as a professional geologist, as well as establishes the fees required for both an initial license and subsequent triennial registrations.
Subdivision (2) of section 7206-b of the Education Law, as added by Chapter 475 of the Laws of 2014 and amended by Chapter 9 of the Laws of 2015, provides that twelve years of practical experience in geological work satisfactory to the State Board may be accepted by the Department in lieu of the education and experience requirements as otherwise specified in subdivision (1) of section 7206-b.
Subdivision (3) of section 7206-b of the Education Law, as added by Chapter 475 of the Laws of 2014, provides for an “intern geologist” identification card for applicants who fulfill the requirements of subdivision (1) of section 7206-b except the experience and age requirements, and admission to the examination when the applicant is within twenty credits of the completion of the requirements of the bachelor's degree or higher as prescribed in subdivision (1) or completion of the practical experience requirement of subdivision (2) of section 7206-b.
Subdivision (4) of section 7206-b of the Education Law, as added by Chapter 475 of the Laws of 2014, establishes a time limited licensure pathway for individuals to qualify for a license as a professional geologist, without a written examination, if they satisfy specified education and experience requirements and submit an application to the Department within one year of the November 21, 2016 effective date of this provision of the statute.
Section 7205 of the Education Law, as amended by Chapter 475 of the Laws of 2014, adds the profession of geology to the name of the State Board.
Subdivision (2) of section 7207 of the Education Law, as amended by Chapter 475 of the Laws of 2014, establishes the requirements for 30-day limited permits for applicants for licensure as professional geologists.
A new subdivision (3) of section 7207 of the Education Law, as added by Chapter 475 of the Laws of 2014, establishes the requirements for project specific limited permits.
Section 7208-a of the Education Law, as added by Chapter 475 of the Laws of 2014, establishes exemptions from the professional geologist licensure requirements.
Subdivisions (1), (2) and (4) of section 7209 of the Education Law, as amended by Chapter 475 of the Laws of 2014, require the use of seals and signatures by professional geologists on written geological drawings and reports prepared by such professional geologists.
Chapter 61 of the Laws of 2014 extends the expiration date for the mandatory continuing education requirement for land surveyors from June 30, 2014 to June 30, 2024.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapters 61 and 475 of the Laws of 2014, and Chapter 9 of the Laws of 2015. The proposed rule implements Chapter 475 of the Laws of 2014, which amended Article 145 of the Education Law, by establishing the requirements for licensure as a professional geologist, which include, but are not limited to, professional education, experience, examination and limited permit requirements. Chapter 9 of the Laws of 2015 amended Chapter 475 to make changes necessary to the implementation of Chapter 475. The proposed rule also implements the statute by subjecting professional geologists to the unprofessional conduct provisions for the design professions. In addition, the proposed rule implements the statute by establishing program registration and curriculum requirements for programs offered in New York State that lead to licensure. Chapter 475 of the Laws of 2014 also provides a grandparenting licensure pathway for individuals to qualify for a license as a professional geologist, without a written examination, if they satisfy specified education and experience requirements and submit an application to the Department within one year of the November 21, 2016 effective date of this provision of the statute. Although this pathway will expire on November 20, 2017, the licenses issued under it will not. The proposed rule also implements Chapter 61 of the Laws of 2014 which extends the expiration date for the mandatory continuing education requirement for land surveyors from June 30, 2014 to June 30, 2024.
3. NEEDS AND BENEFITS:
The proposed amendment is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapters 61 and 475 of the Laws of 2014, and Chapter 9 of the Laws of 2015. Rendering scientific expert opinion regarding geological conditions to New York State or local government agencies and the public can have significant impact on the environmental quality of New York State and on the safety, property and well-being of its citizens. Geologists routinely conduct investigations and provide interpretive geologic services related to the development and protection of groundwater resources, the assessment and development of New York State's mineral, gas, and oil reserves, and the environmental clean-up of hazardous wastes and the potential for migration of contamination. The purpose of the proposed rule is to establish the practice of geology as a licensed profession in New York State and to establish education, examination and experience requirements for licensure in order to protect the public by providing for a minimum standard level of competency and professional accountability, including subjecting professional geologists to the unprofessional conduct provisions for the design professions.
4. COSTS:
(a) Costs to State government: The proposed rule implements statutory requirements and establishes standards as directed by statute, and will not impose any additional costs on State government beyond those imposed by the statutory requirements.
(b) Costs to local governments. There are no additional costs to local governments.
(c) Costs to private regulated parties. The proposed rule does not impose any additional costs to regulated parties beyond those imposed by statute. As required by Education Law § 7206-b(1)(g), applicants for licensure as professional geologists must pay a fee to the Department of $220 for their initial license and a triennial registration fee of $210. Additionally, as required by Education Law § 7206-b(3), applicants for licensure seeking an identification card as an “intern geologist,” must pay a fee of $70 to the Department for the examination and identification card as an “intern geologist” and a $70 fee for each reexamination. Applicants for licensure must also pay a fee, pursuant to Education Law § 7207(4), to the Department of $105 for a limited permit. Higher education institutions that seek to register geology education programs with the Department, including those in rural areas, may incur costs related to the development and maintenance of such education programs and their registration. It is anticipated such costs will be minimal because several higher education institutions are already offering courses that would or could, with adjustments, meet the registration requirements for a geology education program, and higher education institutions should be able to use their existing staffs and resources to revise their courses and curricula to meet the professional geologist education requirements.
(d) Cost to the regulatory agency: The proposed rule does not impose any additional costs on the Department beyond those imposed by statute. Any associated costs to the Department will be offset by the fees charged to applicants and no significant cost will result to the Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed rule implements Chapter 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015, which amended Article 145 of the Education Law, by establishing the standards for individuals to be licensed to practice as professional geologists and standards for professional geologist education programs provided by institutions of higher education to ensure that only those properly educated and prepared to be professional geologists hold themselves out as such. The proposed rule does not impose any program, service, duty, or responsibility upon local governments.
6. PAPERWORK:
The proposed rule imposes no new reporting or other paperwork requirements beyond those imposed by the statute.
7. DUPLICATION:
The proposed rule is necessary to implement Chapters 61 and 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015. There are no other state or federal requirements on the subject matter of the proposed rule. Therefore, the proposed rule does not duplicate other existing New York State or federal requirements.
8. ALTERNATIVES:
The proposed rule is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapters 61 and 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015. There are no significant alternatives to the proposed rule available and none were considered.
9. FEDERAL STANDARDS:
Since there are no applicable federal standards, the proposed rule does not exceed any minimum federal standards for the same or similar subject areas.
10. COMPLIANCE SCHEDULE:
The proposed amendment is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapters 61 and 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015. If adopted at the June 2016 Regents meeting, the proposed amendment will become effective on November 21, 2016, which is the effective date of the statute. It is anticipated that regulated parties will be able to comply with the proposed amendments by the effective date.
Regulatory Flexibility Analysis
1. EFFECT OF RULE:
The purpose of the proposed rule is to implement Chapter 475 of the Laws of 2014, which establishes and defines the practice of the profession of geology and Chapter 9 of the Laws of 2015, which amended Chapter 475 to makes changes necessary to the implementation of Chapter 475. The proposed rule also implements Chapter 61 of the Laws of 2014 which extends the expiration date for the mandatory continuing education requirement for land surveyors from June 30, 2014 to June 30, 2024.
Chapter 475 also provides a grandparenting licensure pathway for individuals to qualify for a license as a professional geologist, without a written examination, if they satisfy specified education and experience requirements and submit an application to the Department within one year of the November 21, 2016 effective date of this provision of the statute. Although this pathway will expire on November 20, 2017, the licenses issued under it will not. The number of individuals who may be able to be licensed in New York State under the grandparenting provisions of the law is not available and is unknown. The number of these individuals who may be employed by a small business or local governments is also unknown.
2. COMPLIANCE REQUIREMENTS:
The proposed rule implements Chapter 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015, which establish the new profession of geology and the requirements for licensure as a professional geologist. These requirements include, but are not limited to, professional education, experience and examination requirements. Individuals seeking licensure to practice in New York State will be required to submit an application with the State Education Department and meet all the requirements for licensure, which include, but are not limited to, the professional education, experience, and examination requirements specified in the proposed rule. Individuals, who are licensed in other jurisdictions, but unlicensed in New York State, who seek to provide geological services within this State and meet requirements specified in the proposed rule, will be required to submit either a 30 day limited permit application or a project specific limited permit application to the State Education Department. Unless one of the exemptions contained in Education Law § 7208-a applies, the proposed rule will require small businesses and local governments to use only professional geologists to provide geological services.
3. PROFESSIONAL SERVICES:
It is not anticipated that small businesses or local governments will need professional services to comply with the proposed rule.
4. COMPLIANCE COSTS:
The proposed rule does not impose any direct costs on small businesses or local governments. As stated above, the proposed rule will require small businesses and local governments to use only professional geologists to provide geological services. Education Law § 7206-b(1)(g), as added by Chapter 475 of the Laws of 2014 and amended by Chapter 9 of the Laws of 2015, requires a fee of $220 for an initial license and a fee of $210 for each triennial registration for professional geologists. Education Law § 7206-b(3), as added by Chapter 475 of the Laws of 2014 and amended by Chapter 9 of the Laws of 2015, requires applicants for licensure seeking an identification card as an “intern geologist,” to pay a fee of $70 to the Department for the examination and identification card and a $70 fee for each reexamination. Pursuant to Education Law § 7207(2), (3) and (4), unlicensed individuals seeking to provide geological services within New York State: (i) for no more than 30 days, in the aggregate, in any calendar year; or (ii) in relation to a specific project within this State, must submit a limited permit application to the Department, along with $105 for a limited permit fee.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed rule will not impose any new technological requirements on regulated parties, including those that are classified as small businesses or local governments, and the proposed rule is economically feasible. See above “Compliance Costs” for the economic impact of the regulation.
6. MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement the provisions of Chapter 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015, which establish the new profession of geology and the licensure requirements for professional geologists. These requirements include, but are not limited to, professional education, experience, and examination requirements. Chapters 475 and Chapter 9 authorize the State Education Department to define, in regulation, the standards to be met for licensure as a professional geologist. Individuals seeking licensure to practice in New York State will be required to submit an application to the State Education Department and meet all the requirements for licensure, which include, but are not limited to, the professional education, experience and examination requirements specified in the proposed rule. Unlicensed individuals seeking to work in this State for a limited time period or on a specified project must satisfy the limited permit requirements specified in the proposed rule. The proposed fee structure was determined by the legislature to be the minimum needed to support additional costs. It is on par with fee structures in other professions. It was determined that the licensure of professional geologists who meet the minimum requirements established in the proposed rule best ensures the protection of the health and safety of the public.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
Statewide organizations representing all parties having an interest in the practice of geology, including the State Board for Engineering, Land Surveying and Geology, an external advisory committee of individuals who practice geology in a variety of geographic regions and who are members of various professional associations and groups, geological sciences educators which include members who have experience in small business environments, and state and federal employees, were consulted and provided input into the development of the proposed rule and their comments were considered in its development.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed rule will apply to all individuals seeking licensure as a professional geologist and to higher education institutions seeking to register professional geologist education programs with the State Education Department, including those located in the 44 counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square miles or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
As required by Chapter 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015, which both become effective November 21, 2016, the proposed rule establishes the new profession of geology and the requirements for licensure as a professional geologist which include, but are not limited to, professional education, experience, and examination requirements. Chapter 9 of the Laws of 2015 amended Chapter 475 to make changes necessary to the implementation of Chapter 475.
Chapter 475 of the Laws of 2014 also provides a grandparenting licensure pathway for individuals to qualify for a license as a professional geologist, without a written examination, if they satisfy specified education and experience requirements and submit an application to the Department within one year of the November 21, 2016 effective date of this provision of the statute. Although this pathway will expire on November 20, 2017, the licenses issued under it will not.
As required by Chapter 475 of the Laws of 2014, individuals, who are licensed in other jurisdictions, but unlicensed in New York State, who seek to provide geological services within this State and meet requirements specified in the proposed rule, will be required to submit either a 30 day limited permit application or a project specific limited permit application to the State Education Department.
Additionally, as required by Chapter 61 of the Laws of 2014, the proposed rule extends the expiration date for the mandatory continuing education requirement for land surveyors from June 30, 2014 to June 30, 2024.
The proposed amendment of subdivision (a) of section 29.3 of the Rules of the Board of Regents adds the profession of geology to the list of design professions that are subject to its unprofessional conduct provisions.
The proposed addition of section 52.46 to the Regulations of the Commissioner of Education establishes the program registration requirements for professional geologist education programs. These requirements include registration and curriculum requirements for programs offered in New York State that lead to licensure as a professional geologist. The proposed amendment requires professional geologist education programs to be a program in geological sciences or a substantially equivalent science as determined by the Department leading to a bachelor’s degree or higher degree, which must require the following: (1) a minimum of six semester hours in college level mathematics beyond algebra and trigonometry, such as calculus, statistics, linear algebra, differential equations or their equivalent as determined by the Department; (2) a minimum of 15 semester hours or the equivalent as determined by the Department in a combination of at least two of the following sciences: (a) physics; (b) chemistry; (c) biology; or their equivalent as determined by the Department; and (3) a minimum of 30 semester hours in geological sciences coursework or the equivalent as determined by the Department, of which 24 semester hours must include at least one course from four of the following eight subject areas: (a) earth materials; (b) sedimentary geology; (c) engineering geology (geotechnology); (d) surficial and near-surficial geology; (e) hydrogeology; (f) geodynamics; (g) economic geology; (h) geological skills/applications; or (i) their equivalent as determined by the Department.
The proposed amendment of the title of Part 68 of the Regulations of the Commissioner of Education conforms the Commissioner’s regulations to Chapter 475 by adding the profession of geology.
The proposed amendment of subdivision (b) of section 68.1 of the Regulations of the Commissioner of Education amends the name of the State Board to include the profession of geology.
The proposed amendment of sections 68.7 through 68.12 of the Regulations of the Commissioner of Education reflects the renumbering of these sections as sections 68.10 through 68.15, respectively.
The proposed addition of new sections 68.7, 68.8, and 68.9 of the Regulations of the Commissioner of Education establish the requirements for licensure, including professional education, experience, and examination requirements.
The proposed amendment of renumbered section 68.10 of the Regulations of the Commissioner of Education establishes the requirements for licensure by endorsement of out-of-state examination for professional geologists.
The proposed amendment of renumbered section 68.11 of the Regulations of the Commissioner of Education conforms the fee for limited permits to the statutory fee of $105 and establishes requirements for 30 day and project specific limited permits for individuals, who are licensed in other jurisdictions, but unlicensed in New York State, who seek to provide geological services within this State. These requirements include, but are not limited to, the submission of the appropriate limited permit application to the Department and the required fee.
The proposed amendment of renumbered section 68.13 of the Regulations of the Commissioner of Education adds the profession of geology to the list of design professions that are subject to its seals provisions.
The proposed amendment of renumbered section 68.14 of the Regulations of the Commissioner of Education relating to continuing education for professional engineers amends the name of the State Board to include the profession of geology.
The proposed amendment of renumbered section 68.15 of the Regulations of the Commissioner of Education relating to continuing education for land surveyors amends the name of the State Board to include the profession of geology, amends the expiration date for the mandatory continuing education requirement for land surveyors from June 30, 2014 to June 30, 2024, and makes a technical correction.
The proposed rule will not require any higher education institution to offer an education program that leads to licensure as a professional geologist. The proposed rule will not impose any reporting, recordkeeping or other compliance requirements on higher education institutions in rural areas, unless they seek to register a geological sciences education program with the Department. Such higher education institutions will have reporting and record keeping obligations related to the development and maintenance of their geological sciences education programs, as well as the registration of such programs with the Department.
Individuals seeking licensure to practice in New York State will be required to submit an application to the State Education Department and meet all the requirements for licensure, which include but are not limited to, the professional education, experience and examination requirements specified in the proposed rule.
The Department may issue a limited permit to practice as a professional geologist in New York State, when such practice does not aggregate more than 30 days in any calendar year, to a person not a resident of this State and having no established place of practice in this State, provided that such applicant submits a complete application that includes, among other things: (i) the applicant’s current residential and employment addresses; and (ii) the specific dates of anticipated practice. The applicant must also submit a permit fee of $105 and payment of the statutory registration fee. In addition, a written confirmation must be submitted to the Department by the appropriate licensing authority, that the applicant is legally qualified to practice as a professional geologist or the equivalent in his or her own state or country.
Additionally, upon recommendation of the State Board for Engineering, Land Surveying and Geology, the Department may issue to a geologist who is not a resident of New York State and having no established place of practice in this State a limited permit to practice geology solely in connection with a single specified project and subject to the same registration and revocation restrictions as a license, provided that such applicant submits a complete application that includes: (i) the applicant’s current residential and employment addresses; (ii) a description of the project for which the limited permit is requested; and (iii) a detailed description of experience satisfactory to the State Board for Engineering, Land Surveying and Geology and of a nature related to the project in this State for which the limited permit is requested. The applicant must submit a permit fee of $105 and payment of the statutory registration fee. In addition, at least two satisfactory certifications as to the character and qualifications of the applicant must be submitted to the Department by licensed professional geologists, at least one of whom must be a resident of this State. Written confirmation must also be submitted to the Department by the appropriate licensing authority, that the applicant is legally qualified to practice as a professional geologist or its equivalent in his or her state or country.
The proposed rule will not impose any additional professional service requirements on entities in rural areas.
3. COSTS:
With respect to individuals seeking licensure as a professional geologist from the State Education Department, including those in rural areas, the proposed rule does not impose any additional costs beyond those required by statute. As required by Education Law § 7206-b(1)(g), applicants for licensure as professional geologists must pay a fee to the Department of $220 for their initial license and a triennial registration fee of $210. Additionally, as required by Education Law § 7206-b(3), applicants for licensure seeking an identification card as an “intern geologist,” must pay a fee of $70 to the Department for the examination and identification card as an “intern geologist” and a $70 fee for each reexamination.
Pursuant to Education Law § 7207(2), (3) and (4), individuals, who are licensed in other jurisdictions, but unlicensed in New York State, who seek to provide geological services within this State and meet requirements specified in the proposed rule, will be required to submit either a 30 day limited permit application or a project specific limited permit application to the State Education Department, along with a $105 limited permit fee.
Moreover, after the expiration of the grandparenting pathway to licensure on November 20, 2017, applicants for licensure as a professional geologist will incur the cost of a bachelor’s degree-level or higher degree-level education.
The proposed rule will not require higher education institutions to offer education programs that prepare individuals for licensure as a professional geologist. However, higher education institutions that seek to register geological sciences education programs with the Department, including those in rural areas, may incur costs related to the development and maintenance of such education programs and their registration. It is anticipated that such costs will be minimal because several higher education institutions are already offering courses that would or could, with adjustments, meet the registration requirements for a geological sciences education program, and that higher education institutions should be able to use their existing staffs and resources to revise their courses and curricula to meet the professional geologist education requirements.
4. MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement the provisions of Chapter 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015, which establish the new profession of geology and the licensure requirements for licensed professional geologists, which include education, experience, examination, age, moral character and fee requirements. The statutory requirements do not make exceptions for individuals who live or work in rural areas. Nor do they make exceptions for higher education institutions located in rural areas. Thus, the State Education Department has determined that the proposed rule’s requirements should apply to all individuals seeking licensure as a professional geologist and all higher education institutions seeking to register licensure-qualifying geological sciences education programs with the Department, regardless of the geographic location, to help insure continuing competency across the State. The Department has also determined that uniform standards for the Department’s review of prospective licensure-qualifying geological sciences education programs are necessary to ensure quality geologist education in all parts of the State. Because of the nature of the proposed rule, alternative approaches for rural areas were not considered.
5. RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from statewide organizations representing parties having an interest in the practice of geology. These organizations included the State Board for Engineering, Land Surveying and Geology, an external advisory committee of individuals who practice geology in a variety of geographic regions and who are members of various professional associations and groups, as well as representatives from academia. These groups have members who live or work or provide geological services in rural areas.
6. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement the statutory requirements of Chapters 61 and 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015, and, therefore, the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10 of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Job Impact Statement
The proposed rule is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapters 61 and 475 of the Laws of 2014, and Chapter 9 of the Laws of 2015. The proposed rule implements Chapter 475 of the Laws of 2014 and Chapter 9 of the Laws of 2015, which establish and define the practice of geology. The proposed amendment to subdivision (a) of section 29.3 of the Rules of the Board of Regents adds the profession of geology to the list of design professions that are subject to its unprofessional conduct provisions. The proposed addition of 52.46 to the Regulations of the Commissioner of Education establishes the program registration requirements for professional geologist education programs. These requirements include registration and curriculum requirements for programs offered in New York State that lead to licensure as a professional geologist. The proposed amendment requires professional geologist education programs to be a program in geological sciences or a substantially equivalent science as determined by the Department leading to a bachelor’s degree or higher degree, which must require the following: (1) a minimum of six semester hours in college level mathematics beyond algebra and trigonometry, such as calculus, statistics, linear algebra, differential equations or their equivalent as determined by the Department; (2) a minimum of 15 semester hours or the equivalent as determined by the Department in a combination of at least two of the following sciences: (a) physics; (b) chemistry; (c) biology; or their equivalent as determined by the Department; and (3) a minimum of 30 semester hours in geological sciences coursework or the equivalent as determined by the Department, of which 24 semester hours must include at least one course from four of the following eight subject areas: (a) earth materials; (b) sedimentary geology; (c) engineering geology (geotechnology); (d) surficial and near-surficial geology; (e) hydrogeology; (f) geodynamics; (g) economic geology; (h) geological skills/applications; or (i) their equivalent as determined by the Department.
The proposed amendment of Part 68 of the Regulations of the Commissioner of Education amends the title of Part 68 to conform to Chapter 475 by adding the profession of geology.
The proposed amendment of subdivision (b) of section 68.1 of the Regulations of the Commissioner of Education amends the name of the State Board to include the profession of geology.
The proposed amendment of sections 68.7 through 68.12 of the Regulations of the Commissioner of Education reflects the renumbering of these sections as sections 68.10 through 68.15, respectively.
The proposed addition of new sections 68.7, 68.8, and 68.9 of the Regulations of the Commissioner of Education establish the requirements for licensure, including professional education, experience, and examination requirements.
The proposed amendment of renumbered section 68.10 of the Regulations of the Commissioner of Education establishes the requirements for licensure by endorsement of out-of-state examination for professional geologists.
The proposed amendment of renumbered section 68.11 of the Regulations of the Commissioner of Education conforms the fee for limited permits to the statutory fee of $105 and establishes requirements for 30 day and project specific limited permits for individuals, who are licensed in other jurisdictions, but unlicensed in New York State, who seek to provide geological services within this State. These requirements include, but are not limited to, the submission of the appropriate limited permit application to the Department and the required fee.
The proposed amendment of renumbered section 68.13 of the Regulations of the Commissioner of Education adds the profession of geology to the list of design professions that are subject to its seals provisions.
The proposed amendment of renumbered section 68.14 of the Regulations of the Commissioner of Education relating to continuing education for professional engineers amends the name of the State Board to include the profession of geology.
The proposed amendment of renumbered section 68.15 of the Regulations of the Commissioner of Education relating to continuing education for land surveyors amends the name of the State Board to include the profession of geology, amends the expiration date for the mandatory continuing education requirement for land surveyors from June 30, 2014 to June 30, 2024, and makes a technical correction.
It is not anticipated that the proposed rule will increase or decrease the number of jobs to be filled because, among other things, Chapter 475 of the Laws of 2014 provides for a grandparenting licensure pathway for individuals to qualify for a license as a professional geologist, without a written examination, if they satisfy specified education and degree requirements and submit an application to the Department within one year of the November 21, 2016 effective date of this provision of the statute. Although this pathway will expire on November 20, 2017, the licenses issued under it will not. Therefore, the proposed rule will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed rule that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
