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2011 SESSION
11101263DBe it enacted by the General Assembly of Virginia:
1. That §§ 54.1-2200, 54.1-2201, 54.1-2202, 54.1-2203, 54.1-2205, 54.1-2206, 54.1-2207, and 54.1-2208 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-2200. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Board" means the Board for Professional Soil Scientists and Wetland Professionals.
"Department" means the Department of Professional and Occupational Regulation.
"Eligible soil scientist" means a person who
possesses the qualifications specified in this chapter to become certified licensed.
"Eligible wetland professional" means a person who possesses the qualifications specified in this chapter to become certified.
"Practice of soil evaluation" means the evaluation of soil by accepted principles and methods including, but not limited to, observation, investigation, and consultation on measured, observed and inferred soils and their properties; analysis of the effects of these properties on the use and management of various kinds of soil; and preparation of soil descriptions, maps, reports and interpretive drawings.
"Practice of wetland delineation" means the delineation of wetlands by accepted principles and methods including, but not limited to, observation, investigation, and consultation on soil, vegetation, and hydrologic parameters; and preparation of wetland delineations, descriptions, reports and interpretive drawings.
"Soil" means the groups of natural bodies occupying the unconsolidated portion of the earth's surface which are capable of supporting plant life and have properties caused by the combined effects, as modified by topography and time, of climate and living organisms upon parent materials.
"Soil evaluation" means plotting soil boundaries, describing and evaluating the kinds of soil and predicting their suitability for and response to various uses.
"Soil science" means the science dealing with the physical, chemical, mineralogical, and biological properties of soils as natural bodies.
"Soil scientist" means a person having special knowledge of soil science and the methods and principles of soil evaluation as acquired by education and experience in the formation, description and mapping of soils.
"Virginia certified licensed professional soil
scientist" means a person who possesses the qualifications required for certification licensure by the provisions of
this chapter and the regulations of the Board and who has been granted certification a license by the Board.
"Virginia certified professional wetland delineator" means a person who possesses the qualifications required for certification by the provisions of this chapter and the regulations of the Board and who is granted certification by the Board.
"Wetland delineation" means delineating wetland limits in accordance with prevailing state and federal regulatory guidance and describing wetland types.
"Wetland professional" means a person having special knowledge of wetland science and the methods and principles of wetland delineation as acquired by education and experience in the formation, description and mapping of wetlands.
"Wetland science" means the science dealing with the physical, chemical, and biological properties of wetland systems integrated through ecological and morphological relationships.
"Wetlands" means the same as that term is defined in §§ 62.1-44.3 and 28.2-1300.
§ 54.1-2201. Exceptions.
A. The certification programs program for
wetland delineation set forth in this chapter are shall be voluntary and shall not be construed to prohibit:
1. The practice of soil evaluation or wetland
delineation by individuals who are not certified soil
scientists or certified professional wetland
delineators as defined in this chapter;
2. The work of an employee or a subordinate of a certified licensed soil scientist or
of an individual who is practicing soil evaluation without being certified;
3. The work of an employee or a subordinate of a certified professional wetland delineator or of an individual who is practicing wetland delineation without being certified;
4. The work of any professional engineer, landscape architect, or land surveyor as defined by § 54.1-400 in rendering any of the services that constitute the practice of wetland delineation or the practice of soil evaluation; or
5. The practice of any profession or occupation which is regulated by another regulatory board within the Department of Professional and Occupational Regulation.
B. Nothing in this chapter shall authorize an individual to engage in the practice of engineering, the practice of land surveying or the practice of landscape architecture, unless such individual is licensed or certified pursuant to Chapter 4 (§ 54.1-400 et seq.) of this title.
§ 54.1-2202. Board; membership; quorum.
Notwithstanding the provisions of § 54.1-200, the Board for
Professional Soil Scientists and Wetland Professionals shall be composed of
seven members as follows: three certified licensed professional soil
scientists, three certified professional wetland delineators and one citizen
member. The professional soil scientist members shall have experience in at
least one of the following areas (i) soil mapping and classification, (ii) soil
suitability and land use, (iii) teaching and research in soil science, and (iv)
environmental protection regulations. Of the wetland professional members, one
shall have experience in wetland delineation and description, one shall have
experience in teaching and research in wetland science and one shall have
experience with natural resource regulations. For the initial appointments of
the wetland professionals the terms shall be as follows: one member shall serve
a term of two years, one member shall serve a term of three years, and one
member shall serve a term of four years. Initial appointments of wetland
professional members to the Board shall not be certified professional wetland
delineators but shall have a record of at least ten years of experience in
wetland delineation. Subsequent terms of the members shall be for four years.
The Board shall annually elect a chairman from its membership. Four board members, consisting of two soil scientists and two professional wetland delineators, shall constitute a quorum.
The Governor may select the professional soil scientist members from a list of at least three names for each vacancy submitted by the Virginia Association of Professional Soil Scientists. The Governor may notify the Virginia Association of Professional Soil Scientists of any professional vacancy other than by expiration among the professional soil scientist members of the Board and nominations may be made for the filling of the vacancy.
The Governor may select the wetland professionals from a list of at least three names for each vacancy submitted by the Virginia Association of Wetland Professionals. The Governor may notify and request nominations from the Virginia Association of Wetland Professionals of any professional vacancy other than by expiration among the wetland professional members.
§ 54.1-2203. Eligibility for certification as wetland delineator.
A. Any person practicing
or offering to practice as a soil scientist in the Commonwealth may submit to
the Board evidence of qualification to be certified as provided in this
chapter. The Board may certify any applicant who has satisfactorily met the
requirements of this chapter and its regulations and shall specify on the
certificate the appropriate endorsement.
B. Any
person practicing or offering to practice as a wetland professional in the
Commonwealth may submit to the Board evidence of qualification to be a
certified professional wetland delineator as provided in this chapter. The
Board may certify any applicant who has satisfactorily met the requirements of
this chapter and its regulations and shall specify on the certificate the
appropriate endorsement.
CB. Any individual who allows
his certification to lapse by failing to renew the certificate or failing to
meet professional activity requirements stipulated in the regulations may be
reinstated by the Board upon submission of satisfactory evidence that he is
practicing in a competent manner and upon payment of the prescribed fee.
§ 54.1-2205. License required; application; requirements for licensure; continuing education.
A. No person shall engage in, or offer to engage in, the practice of soil evaluation in the Commonwealth unless he has been licensed under the provisions of this chapter.
B. In
order to be certified licensed as a professional
soil scientist, an applicant shall achieve:
1. Submit satisfactory evidence verified by affidavits that the applicant:
a. Is 18 years of age or more;
b. Is of good moral character; and
c. Has successfully completed such educational and experiential requirements as are required by this chapter and the regulations of the Board.
2. Achieve a score acceptable to the Board on an examination in the principles and practice of soil evaluation and satisfy one of the following criteria:
1.a. Hold a bachelor's degree
from an accredited institution of higher education in a soils curriculum which
has been approved by the Board and have at least four years of experience in
soil evaluation, the quality of which demonstrates to the Board that the
applicant is competent to practice as a professional soil scientist; or
2.b. Hold a bachelor's degree in
one of the natural sciences and have at least five years of experience in soil
evaluation, the quality of which demonstrates to the Board that the applicant
is competent to practice as a professional soil scientist; or
3.c. Have a record of at least
eight years of experience in soil evaluation, the quality of which demonstrates
to the Board that the applicant is competent to practice as a professional soil
scientist; or
4.d. Have at least four years of
experience in soil science research or as a teacher of soils curriculum in an
accredited institution of higher education which offers an approved four-year
program in soils and at least two years of soil evaluation experience, the
quality of which demonstrates to the Board that the applicant is competent to
practice as a professional soil scientist.
B. Notwithstanding
the requirements in subsection A, any person appointed to serve on the Board as
a professional soil scientist member prior to July 1, 1991, shall be deemed
certified for the purposes of this chapter.
C. The Board shall establish by regulation requirements for continuing education as a prerequisite to renewal of a license issued under this chapter, not to exceed eight contact hours per year.
D. Individuals applying for a license as a professional soil scientist between January 1, 2010, and January 1, 2013, who (i) have been certified as professional soil scientists by the Board or (ii) have achieved a score acceptable to the Board on the examination required by this section, shall be licensed by the Board if all other requirements of this chapter or Board regulations have been met, unless an applicant is found by the Board to have engaged in any act that would constitute grounds for disciplinary action.
§ 54.1-2206. Waiver of examination.
A. The Board may waive the requirement for examination
pursuant to § 54.1-2205 upon written application from an individual who holds
an unexpired certificate or license,
or its equivalent,
issued by a regulatory body of another state, territory or possession of the
United States and is not the subject of any disciplinary proceeding before such
regulatory body which could result in the suspension or revocation of his
certificate or license,
if such other state, territory or possession recognizes the certificates license
issued by the Board.
B. The Board shall waive the requirement for examination pursuant to § 54.1-2206.2 upon the written application from an individual who holds an unexpired certificate or its equivalent issued by a regulatory body of another state, territory or possession of the United States or has been provisionally certified under the U.S. Army Corps of Engineers Wetland Delineator Certification Program of 1993 and is not the subject of any disciplinary proceeding before such regulatory body, which could result in the suspension or revocation of his certificate.
§ 54.1-2207. Unprofessional conduct.
Any professional soil scientist who is licensed or any wetland delineator who is certified, as provided in this chapter, shall be considered guilty of unprofessional conduct and subject to disciplinary action by the Board, if he:
1. Obtains his certification or license through fraud or deceit;
2. Violates or cooperates with others in violating any provision of this chapter, the Code of Professional Ethics and Conduct or any regulation of the Board;
3. Performs any act likely to deceive, defraud or harm the public;
4. Demonstrates gross negligence, incompetence or misconduct in the practice of soil evaluation or wetland delineation; or
5. Is convicted of a felony.
§ 54.1-2208. Unlawful representation as a licensed professional soil scientist or certified wetland delineator.
A. No person shall represent himself as a certified licensed
professional soil scientist unless he has been so certified licensed
by the Board. Any person practicing or offering to practice soil evaluation
within the meaning of this chapter who, through verbal claim, sign,
advertisement, or letterhead, represents himself as a certified licensed
professional soil scientist without holding such a certificate a license
from the Board shall be guilty of a Class 1 misdemeanor.
B. No person shall represent himself as a certified professional wetland delineator unless he has been so certified by the Board. Any person practicing or offering to practice wetland delineation within the meaning of this chapter who, through verbal claim, sign, advertisement, or letterhead, represents himself as a certified professional wetland delineator without holding such a certificate from the Board shall be guilty of a Class 1 misdemeanor.
2. That this act shall not be construed to affect existing professional soil scientists appointments to the Board for Professional Soil Scientists and Wetland Professionals for which the terms have not expired. However, any new appointments made after the effective date of this act shall be made in accordance with the provisions of this act.
3. That § 54.1-2204 of the Code of Virginia is repealed.
4. That the provisions of the first and third enactments of this act shall become effective on January 1, 2012.