Petition for Rulemaking Hearing filed July 27, 2017. See page 13. ' Department of State Division of Publications!I 312 Rosa L. Parks Avenue, 8th Floor SnodgrassfTN Tower Nashville, TN 37243 Phone: 615-741-2650 E.m,,,bUcatiocs.ialo atioa@ta.go_v For Department of State Use Only Sequence Number: Rule ID(s): File Date: Effective Date: 0820-03-.11 05-o:t-l'l g/111'1 Proposed Rule(s) Filing Form Proposed rules are submitted pursuant to Tenn. Code Ann. 4-5-202, 4-5-207, and 4-5-229 in lieu of a rutemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the fifing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State. Pursuant to Tenn. Code Ann. 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with 4-29- 121 (b). ; i Agency/Board/Commission: - --- -. - - Tennessee <2_ard of Examiners for Land Surveyors :--- Division:, Division of Regulatory Boards, Department of Commerce and Insurance - - -Contact - - Person: - j Laura Martin - _ Address:! 500 James Robertson Parkway; Nashville, TN 37243 Phone: I (615) 253-3102 Email: [ laura.martin@tn.gov Revision Type (check all that apply): Amendment x New Repeal Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)!ch;pj;nu_m_b-er-_ C-h-ap-t-er-T-it-le - - -- ------------ 0820-03 - --- - µ, Standards of Practice. - - - ---- ---- - ---- -- Rule ----------- Number Rule - Title ----- ----------- {2_ 20-03-.11 _ L Global Position Systems Surveys _ SS-7038 (June 2016) RDA 1693
0820-03-.11 Chapter 0820-03 Rules of Ten nessee State Board of Examiners for Land Surveyo rs New Rule TABLE OF CONTENTS Table of contents is amended to add new rule 0820-03-.11 Global Position Systems Surveys, so that it shall read as follows; 0820-03-.01 Applicability 0820-03-.02 General 0820-03-.03 Definitions 0820-03-.04 Reserved 0820-03-.05 Accuracy of Surveys 0820-03-.06 Maps and Mapping 0820-03-.07 Survey Types and Requirements 0820-03-.08 Making of Property Boundaries 0820-03-.09 Land Descriptions 0820-03-.10 Instruments and Apparatus 0820-03-.11 Global Position Systems Surveys Rule 0820-03-.11 Global Position Systems Surveys is added to chapter 0820-03 and shall read as follows: 0820-03-.11 Global Position Systems Surveys (1) Global Positioning Systems (GPS) are defined as the navigation and positioning systems that comprise the Global Navigation Satellite System (GNSS), which includes NAVSTAR, GLONASS, GALILEO, COMPASS, and any other satellite-based navigation and positioning systems. (2) The professional Land Surveyor in responsible charge of the GPS survey shall certify all prepared documents. When a map or document consists of more than one (1) sheet, only one sheet must contain the certificate and all others must be certified. The certificate or metadata notes shall contain the following information: (a) (b) (c) Type of GPS field procedure, such as Static, Kinematic, Psuedo-Kinematic, Real-time Kinematic, Real-time Kinematic networks, and Online Position User Service; Positional accuracy; Dates of survey; (d) What datum and epoch coordinates or geographic positions are based on ; (e) (f) (g) Designation of fixed -control stations and their positional data; Geoid model used and; Combined grid factor(s). (3) The certificate shall be substantially in the following form ; Positional accuracy: Type of GPS field procedure: Dates of survey: Datum/Epoch: Published/Fixed-control use: Geoid Model: Combined grid factor(s) : (4) GPS surveys performed to provide control networks shall be performed in such a manner that a ninety-five percent (95%)confidence level of the positional accuracy of each point relative to the published positions of the control points used. SS-7038 (June 2016) 2 RDA 1693
(5) Fixed station(s) used for the project shall appear on the map, plat, or report. The minimum data shown for each fixed station shall be station name, horizontal position (northing and easting) or latitude, longitude, elevation (ellipsoid or orthometric), and datum and epoch. Authority: TC.A 62-18-106(c) 0820-03-.11 SS-7038 (June 2016) 3 RDA 1693
* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows: 0820-03-.11 Board Member Aye No Abstain Absent Signature (if requ ired) Tim Linqerfelt X Jay Cauqhman X Galyon Northcutt X I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the (board/commission/other authority) on July 28 th, 2016 and is in compliance with the provisions of T.C.A. 4-5- 222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State.,,.,.111,,,,,, ' ones,,,,.. ~-- ~. ~ ~,,. ~-- ~~'ft, ~ ((~o/li,,,,f...,,~ Date: Signature: Name of Officer: Title of Officer: Laura Martin Assistant General Counsel,,,,,,."" Subscribed and sworn to before me on: ~ l'il, 201 1 Notary Public Signature: My commission expires on: q+~==,.... (p 41 _Z=...c... r)_'l-(j -=---------- All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. Lu ( 'J I-:: l;)epaft?1erj.[.oj State Use Only. V)-. -. a: LL. ' I, I,_ "> l-~. --tfu* df ;,~22.,y Ill Attorney General and Reporter t/m"/:,,017 Date Filed with the Department of State on : S l3 /L7,.. = l,~:.. L.,...::.. o::: c._) u.j c;, Effective on : 7 Tre Hargett Secretary of State SS-7038 (June 2016) 4 RDA 1693
0820-03-. 11 Regulatory Flexibility Addendum Pursuant to T.C.A. 4-5-401 through 4-5-404, prior to initiating the rule makin g process as described in T.C.A. 4-5-202(a)(3) and T. C.A. 4-5-202(a), all agencies shall conduct a review of wh eth er a proposed rule or rul e affects small bu sinesses. (1) The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule; The proposed rules will affect more than 500 licensed land surveying entities across the state of Tennessee. The vast majority of these entities are considered small businesses. (2) The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record; The projected reporting, recordkeeping, and other administrative costs will be expected to be kept at minimum in order to be in compliance with the proposed rule. According to the existing rules, it shall be acceptable practice f6 incorporate the use of GPS equipment into any survey, but the use of GPS is not a mandatory practice for land surveyors. Tenn. Comp. R. & Regs. 0820-03-.07(c). Therefore, no new professional skills will be required by any licensee to be in compliance with the new rule. (3) A statement of the probable effect on impacted small businesses and consumers; The effect on small businesses will be positive. These rules develop and implement a reporting system designed to establish a standard of practice with an emphasis on increased accuracy for the use of GPS equipment in land surveying. The rule will a/so have a positive impact on consumers by ensuring that land surveyors who utilize GPS equipment will be able to conduct a more accurate survey for the consumer. (4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business; There are no less burdensome, less intrusive or less costly methods of achieving the purpose of these proposed rules. (5) A comparison of the proposed rule with any federal or state counterparts; and There are no federal counterparts to the proposed rule. The proposed rule shares similarities with the following rules from different states: Ga. Comp. R. & Regs. R. 180-7-.09 (Georgia); 201 KAR 18:150 8 (Kentucky); 21 NCAC 56. 1607 (North Carolina); 36 S. C. Code Ann. Regs. 49-460 (0)(4) (South Carolina). SS-7038 (June 2016) 5 RDA 1693
0820-03-.11 (6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule. There is no possibility for small businesses to be exempt from all or any part of the requirements contained in the proposed rule. The rule is meant to increase the accuracy of land surveys conducted via GPS. Therefore, allowing any small business an exemption from the rule would be counterproductive. SS-7038 (June 2016) 6 RDA 1693
Impact on Local Governments 0820-03 -.11 Pursuant to T.C.A. 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly) The proposed ru les will not impact local governments. SS-7038 (June 2016) 7 RDA 1693
Add itional Information Required by Joint Government Operations Committee 082 0-03-.11 All agencies, upon fi ling a rule, must also submit the following pu rsuant to T.C.A. 4-5-226(i)( 1). (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; A new rule is proposed for creating standards in applying Global positioning Systems "GPS" technology to the ractice of Land Surve in. (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; None. (C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; Licensed land surveyors will be directly affected by this rule. The creation of this rule is the Board's response to stakeholder's concerns that had been specifically expressed to members of the Board in their capacity as individual licensed land surveyors and as members of the Board. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; I None known. (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; None. (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; Laura Martin, Assistant General Counsel Roxana Gumucio, executive Director (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; Laura Martin, Assistant General Counsel Roxana Gumucio, executive Director (H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Laura Martin 500 James Robertson Parkway Davy Crockett Tower, 5th Floor Nashville, Tennessee 37243 (615) 253-3702 Laura. Martin@tn.gov SS-7038 (June 2016) 8 RDA 1693
Roxana Gumucio 500 James Robertson Parkway, Nashville, TN 37243 p. 615-532-7081 f. 615-741 -1310 Roxana.Gumucio@.tn.gov 0820-03 -. 11 (I) Any additional information relevant to the rule proposed for continuation that the committee requests. I None known. SS-7038 (June 2016) 9 RDA 1693
{redline} Chapter 0820-03 Rules of Tennessee State Board of Examiners for Land Surveyors New Rule TABLE OF CONTENTS Table of contents is amended to add new rules 0820-03-. 11 Global Position Systems Surveys, so that it shall read as follows; 0820-03-.01 Applicability 0820-03-.02 General 0820-03-.03 Definitions 0820-03-.04 Reserved 0820-03-. 05 Accuracy of Surveys 0820-03-. 06 Maps and Mapping 0820-03-.07 Survey Types and Requirements 0820-03-. 08 Making of Property Boundaries 0820-03-.09 Land Descriptions 0820-03-.1 O Instruments and Apparatus 0820-03-.11 Global Position Systems Survey. Rule 0820-03-.11 Global Position Systems Surveys is added to chapter 0820-03 and shall read as follows: 0820-03-.11 Globe!] Position ~ ystems ~ \!_IJ '... s stems that com _d.~ GLONASS, GALILEO, The professional Land Surveyor in responsible charqe of the GPS survey shall certify all pre ared documents. When a map or document consists of more than one (1} sheet. only one sheet must contain the certificate and all others must be certified. The certificate or metadata notes shall contain the followinq information: -----'@) T _ e of GPS field rocedure, such as Static, Kinematic, Psuedo-Kinematic, Real-time Kinematic,_ Real-time Kinematic networks, and Online Position User Service;,(h} { ) Positional accuracy~ Dates of survey; _d ( e_, -=D--=e=si='-'- na=t=io'-'-n'--'o"-'-f-"fi=xe=d=-=co=n-'--=t'-' ro'-'- I =st=a=tio=n=sc,_a=n""d"-t=h=e,c,_ ir_""p=o=si=tio=n-=a~l -=d=at=a; ff_~ G_e_o_id_ m_o_d_el_u_s_e_d_a_n_d _,(g Combined qrid factor(~)_,_ The certificate shall be substantial! in the followingjqrm ~ Positional accuracy: IY e of GPS field rocedure: Dates of survey: Datum/E och: Published/Fixed-control use: Geoid Model: Combined qrid factor( )~: SS-7038 (June 2016) RDA 1693
.(4 GPS surveys erformed to rovide control networks shall be erformed in such a manner that a ninet','-five ercent 95% confidence level of the positional accuracy of each point relative to the_published ositions of the control oints used. Fixed station( ) used for the project shall appear on the map, lat or re ort. The minimum data shown for each fixed station shall be station name, horizontal position (northin9-9.ill! easting) or latitude, longitude elevation ~llipsoid or orthometric _, and datum and epoch. Authority: T.C.A. ~ 62-18-106(c) SS-7038 (June 2016) 2 RDA 1693
SS-7038 (June 2016) 3 RDA 1693
STATE OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE OFFICE OF LEGAL COUNSEL 500 JAMES ROBERTSON PARKWAY DA VY CROCKETT TOWER NASHVILLE, TENNESSEE 37243 (615) 741-3072 FAX: (615) 532-4750 July 26, 2017 Mr. Cody York, Director Tennessee Secretary of State, Division of Publications 312 Rosa L. Parks A venue Snodgrass Tower, 8 th Floor Nashville, TN 37243 Re: Proposed Rules Tennessee Board of Examiners for Land Surveyors New Rule Chapter 0820-03-.11 http://publications.tnsosfiles.com/rules _ filings/05-04-17. pdf Dear Mr. York: I am counsel for the Tennessee Board of Examiners for Land Surveyors. The Tennessee Association of Professional Surveyors ("TAPS") sent me a petition regarding the above referenced proposed rules requesting a rulemaking hearing. TAPS is an organization that has a membership exceeding 5 members. Per Tenn. Code. Ann. 4-5-201 this petition successfully activates the requirement for a rulemaking hearing. The attached proposed rules should be considered void and a notice of rulemaking hearing will be filed in its place. Sincerely, e~~ Assistant General Counsel Laure.Martin@tn.gov Enclosure Ul rr1 - u==1'-;-) r:;:!'].::j-1 : --; ~:-) :-~-; _1. - -io 3-11 :.1: U) U ) -,-f )::> - I rr, co Cl a --"' J i [: ;