SB 5090
In CommitteeSenate
Professional engineers' reg.
Updating the professional engineers' registration act.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill modernizes Washington’s Professional Engineers’ Registration Act by updating definitions, clarifying board operations, and revising licensing and renewal rules. It removes outdated language, tightens oversight of significant structures, and expands temporary board membership authority to improve board functionality.
- Updates definitions in the Professional Engineers’ Registration Act, including clarifying what constitutes 'practice of engineering' and defining 'significant structures' (e.g., hospitals, bridges over 200 feet, buildings with 300+ occupants).
- Revises board membership rules: maintains 7 total members (5 engineers, 2 land surveyors), each serving 5-year terms (max two consecutive), and updates qualifications (10 years of experience post-licensure, 5 immediately prior).
- Expands the use of 'pro tem' (temporary) board members: allows up to 3, appointed by the board chair with director approval, to serve up to 180 days and perform duties like committee work or disciplinary hearings.
- Clarifies continuing education requirements: land surveyors must complete 15 hours per year to renew their license; engineers currently have no mandatory continuing education under this act.
- Streamlines application and renewal processes: fees are set by the board to cover costs, and certificates are valid for a term determined by the board (not fixed annually), with a 90-day grace period for renewal with a penalty fee.
- Updates rules for corporations and limited liability companies (LLCs) seeking authorization to practice engineering or land surveying, including clearer requirements for designating a responsible licensed professional and submitting changes within 30 days.
Who is affected
- Professional engineers and land surveyors seeking or maintaining licensure — Must meet updated experience and education requirements to become licensed; must complete continuing education (15 hours/year) to renew land surveyor licenses.
- Washington State Board of Registration for Professional Engineers and Land Surveyors — May appoint up to three temporary (pro tem) board members to help with meetings, committees, or disciplinary hearings, improving board capacity.
- Engineering and land surveying firms, corporations, and limited liability companies — Must ensure their employees who perform engineering or land surveying work are properly supervised and licensed, and may need to update internal policies if designating responsible professionals.
- General public and project owners — Will benefit from clearer definitions of what constitutes 'practice of engineering' and 'significant structures,' helping ensure public safety and consistent enforcement.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Clarifying 'practice of engineering' and defining 'significant structures' (e.g., hospitals, bridges >200 ft, buildings with >300 occupants) strengthens oversight of high-risk infrastructure projects, reducing risk of design flaws that could endanger the public.
Public SafetyPeopleRef: Sec. 1 (RCW 18.43.020(9), (12))Mandating 15 hours/year of continuing professional development for land surveyors improves competency and accountability, especially in high-stakes areas like boundary delineation and floodplain mapping—critical for property rights and disaster resilience.
Public SafetyPeopleRef: Sec. 9 (RCW 18.43.080, as amended)Allowing up to three pro tem board members (up to 180 days) improves board functionality and continuity—especially during vacancies or high caseloads—ensuring timely disciplinary reviews and licensing decisions.
Local GovernmentRef: Sec. 3 (RCW 18.43.033, as amended)Expanding authorization rules for LLCs to practice engineering/land surveying—while maintaining strict oversight (e.g., sole responsible licensed professional, UBID verification, DOR registration)—enhances regulatory clarity and reduces ambiguity in liability, protecting consumers in complex business structures.
Public SafetyPeopleRef: Sec. 10 (RCW 18.43.130(10)(d)(i)(C))Allowing the board to set variable renewal terms (rather than fixed annual cycles) and a 90-day grace period with penalty may reduce administrative burden for registrants and improve cash-flow predictability for the board.
Business & EmploymentRef: Sec. 9 (RCW 18.43.080, as amended)
Potential Concerns (4)
The bill allows the board to set its own fees for registration, renewal, and authorization—including for corporations and LLCs—without legislative oversight, potentially leading to fee increases that disproportionately affect small firms and sole proprietors who lack pricing power or economies of scale.
FinancialRef: Sec. 8 (RCW 18.43.080, as amended); Sec. 9 (RCW 18.43.080, as amended)Land surveyors now face mandatory 15 hours/year of continuing education, which may impose out-of-pocket costs (e.g., course fees, time off work) that fall disproportionately on lower-income surveyors or those in rural areas with limited access to training.
FinancialRef: Sec. 9 (RCW 18.43.080, as amended)The requirement that a responsible licensed professional be designated *and not serve in that role for more than one entity* (corporation or LLC) may restrict labor mobility and reduce flexibility for small firms that rely on multi-hatting of licensed staff—especially in rural or under-resourced areas.
Business & EmploymentRef: Sec. 10 (RCW 18.43.130(8)(b)(ii), (d)(i)(B); Sec. 10(10)(a)(ii), (d)(i)(B))The prohibition on a licensed engineer or land surveyor serving as the designated responsible professional for *both* a corporation and an LLC simultaneously may reduce operational flexibility for small firms and discourage cross-entity collaboration, especially in regional or multi-service practices.
Business & EmploymentRef: Sec. 10 (RCW 18.43.130(8)(d)(i)(B); 10(a)(ii)(B))
Who Is Most Affected
Small engineering and land surveying firms benefit from clearer authorization rules for LLCs and corporations, but may face added compliance costs (e.g., designating a sole responsible professional, updating internal policies). The 15-hour CE mandate for land surveyors may strain small shops with limited training budgets.
Sole proprietors and independent contractors face new CE requirements (for land surveyors) and stricter accountability for supervision of subordinates. While clearer definitions protect them from unauthorized practice claims, the fee-setting authority may increase licensing costs.
Large engineering/consulting firms benefit from operational flexibility (e.g., multi-entity staffing, fee-setting discretion) and clearer authorization pathways for corporate practice. The pro tem expansion improves board responsiveness, indirectly benefiting large firms with complex compliance needs.
Public project owners (e.g., cities, counties, WSDOT) benefit from stronger definitions of 'significant structures' and mandatory CE, reducing risk of design failures in critical infrastructure. However, they may face higher consulting fees passed through from licensed firms.
Homebuyers and residents benefit indirectly from improved oversight of high-risk structures (hospitals, bridges, large buildings), but may bear costs if firms pass on increased compliance or licensing fees.