Defining the Practice of GIS

Keynote Presentation History of the NCEES Model Law and how it affected the practice of GIS Evolution of the Model Law Developing Competency Standards to satisfy Surveyors concerns of accountability and professional practice Allied professional organizations efforts to modify the NCEES Model Law The Oregon Story – The work of the grass roots group to find a workable solution The Legislative and Administrative Process of defining the practice of GIS, the practice of Photogrammetry, and the practice of Surveying

The Issues The presentation will describe what Oregon did. The process might need to be different in your case. This is what worked in Oregon. The “is it Surveying” questions have to be answered in West Virginia. The task force in Oregon made up of Surveyors, Photogrammetrists, and GIS professionals did their job and the rules there are now set. And, after years of negotiation and countless hours of work, the NCEES Model Law & Rules are set. The issues are how can GIS, Surveying, and Photogrammetry all co-exist, understand what the others do, and practice side by side using the same technologies. … and develop a set of criteria that defines the professional practice of each, relative to the others.

After 13 months of negotiation, representatives from five Surveyor and two GIS professional organizations reached agreement on the legal responsibilities of professional surveyors with respect to GIS. 18 months later, the NCEES officially changed its Model Law accordingly. In order to implement these changes, each state needs to modify its own laws regulating professional licensure of surveyors.

What is NCEES? National Council of Examiners for Engineers and Surveyors Coordinates information exchange among the jurisdictions (states and territories) on licensing issues No statutory authority at NCEES level. Each jurisdiction is autonomous – approximately 65 individual licensing Boards NCEES Model Law is just that – a “model” Model Rules provide guidance to Boards (even without Model Law language) NCEES also creates the common examinations used by most jurisdictions Headquartered at Clemson – South Carolina

Turf Battle…or Concern for Public Health, Safety, & Welfare? Surveyors don't want GIS maps to be mis-used to determine location This isn't an issue of accuracy, its about legal authority to protect the public's health and welfare Remedy: Surveyor's believed that their supervision is appropriate in the absence of any other Professional Authority

Turf Battle…or Concern for Public Health, Safety, & Welfare? THE PROBLEM: Improper Use of GIS Data by Public Officials Use of GIS Basemap to Determine Locations Lack of Awareness of GIS Basemap Quality: Accuracy Currency Data Source Method of Compilation Maps without METADATA Lack of Explicit GIS Basemap Reference to Data Sources

Surveying.……Meets……..GIS Mapping traditionally done by Surveyors High skill and knowledge of measurement and error adjustment GIS maps typically have low accuracy, little control, subject to inappropriate usage Health, Safety, & Welfare of public in danger from misuse of GIS or bad GIS data GIS Professionals are practicing survey/mapping without a license Surveyor's professional codes overreach by including all manner of mapping, regardless of purpose or use of GIS No distinction between original measurement documentation and representational, referential spatial diagrams Criteria needed to distinguish Survey from other mapping "Surveyors' Full Employment Act"

PROCESS Toward RESOLUTION Workshops & Presentations to Professional Groups Multiple Professional Associations' Task Force Teleconference Negotiation / Resolution Meetings (over 30 work sessions in one year) Advocacy to Change NCEES Model Law & Current State Laws On-Line eForum A Structured Outline Comments by Collaborative Members Optional "push"

ASPRS-organized GIS / Surveyor Task Force ASPRS – Photogrammetry & Remote Sensing MAPPS – Photogrammetry & Mapping ACSM – Survey & Mapping ASCE – Civil Engineers NSPS – Professional Surveyors URISA – GIS Professionals NSGIC – State GIS Councils

This Was Their Best Effort 13 Months of Negotiation, listening to each other, acknowledging and understanding 32 Task Force sessions 650 Hours of professional effort

Task Force History NCEES Modifies Model Law to Include Photogrammetry and GIS/LIS Concerns Raised/Letters Written by ASPRS, MAPPS, ASCE. Discussion at Winter NCEES Meeting Five Organization Summit Meeting (ACSM, NSPS, MAPPS, ASPRS, ASCE) Task Force Begins to Address Photogrammetric Issues First Task Force Report to NCEES

Task Force History ( cont.) NCEES Modifies Model Law to Include Savings Clause (Grandfather Language) per Task Force Recommendation NCEES Modifies Model Law to Address Issues Related to Reciprocity/Comity and Ease of Mobility Three GIS Organizations Invited to Participate in Extension of Task Force to Address GIS/LIS Issues (URISA, NSGIC, UCGIS) Task Force Addresses GIS/LIS Issues

Current NCEES Model Law and Model Rules (August 2003) NCEES.ORG Model Law Model Law pages Model Rules Model Rules pages 1 - 4

USAGE Should Determine When GIS Needs Surveyor Supervision Surveyor Supervision for: Determining Property Boundaries Engineering Design Location of Fixed Works Locating Elevation Contours or Shape of the Earth for Engineering Design, Land Development, etc. Creating Survey Control Information Determining and Certifying Basemap Accuracy Non-Survey Responsibilities include: Infrastructure Inventory and Maintenance Planning and Analysis Environmental Management Social, Demographic, Economic, Tax Maps Guides, Educational, Advertising maps

Future Directions GIS Professionals have developed their own Professional Certification GIS Certification Institute GIS Professionals should educate GIS Users about the limitations of GIS data and products GIS Professionals need to improve GIS maps: Explicit References to Data Sources Adequate Metadata, based upon FGDC Standard Responsible Accuracy Assessment conducted by Licensed Surveyors

Licensure vs. Certification Licensure Mandatory Jurisdiction Control Protect Public “Minimum” Competence Exam Mandatory State Legislatures Establish State Boards Administer Certification Voluntary Peer Control Personal and Professional Development Relative Expertise Exam Sometimes Required (ASPRS) ASPRS or GISCI Establish ASPRS or GISCI Administer

NCEES Model Rules Available at: Section Inclusions and Exclusions of Surveying Practice Reflects the work of the Multi-Organizational Task Force (MOTF) Oregon legislation and processes based on the Model Rules—see the OSBEELS checklist Model Rules may be applied when jurisdiction has yet to implement the Model Law—i.e., New York (Frankenfeld case)

The Oregon Story

In Oregon we created a new partnership involving 3+ professions. Developed and adopted a standard GIS data/product disclaimer Adopted a state plan for GIS certification Created legislation that updated the definition of surveying

Time Frame Summary 2001 – Started 2005 – Passed Legislation

Time Line Started Spring 2001 PLSO presented legislation to “clarify” survey law. In committee it became apparent that surveyors, GIS professionals and photogrammetrists had lots to work out before any legislation could be proposed. Task Force Created Summer/Fall 2001 GIS, Survey, & Photogrammetry professionals

Time Line 2001 – 2002 Task Force Starts Spent a long time getting all the issues on the table Worked on definitions for professions Reviewed many examples and looked for common solutions Defined why this is important (protect the public) Focused on process, not technology

Time Line 2002 Task Force Decided…. Professionals must protect the public where possible when delivering GIS data & products The GIS profession needs to be defined much better and professionals should be licensed or certified Started to look at recommendations for inclusions/exclusions for surveying in NCEES Model Law

Time Line 2002/2003 Made Recommendations GIS data and products need a clear disclaimer GIS professionals should at a minimum be certified We should change state law to reflect national model law Legislation will require more time to develop (skip 2003 legislative session)

Time Line First Phase Implementation OGIC developed and adopted standard disclaimer language OGIC developed and adopted a certification plan OGIC - “Oregon Geographic Information Council”

Time Line Activities (Education) Task force members made many presentations The tone of questions & presentations changed! Jim Plasker visited to help us understand inclusions/exclusions NCEES was also working on issues. Jim answered questions from everyone, like “WHAT DOES AUTHORITATIVE MEAN ? ”

Authoritative Locations Require a Survey Zoning map is authoritative statement about what can be done on either side of a boundary …not about the location of the boundary itself

Time Line Spring 2004 –Photogrammetrists All photogrammetrists in Oregon met and agreed to a process to become licensed at Spring GIS-In-Action Conference ASPRS members were working on a test

Time Line Legislation Task Force crafted legislation OSBEELS submitted legislation State License Board for Survey/Engineering PLSO Lobbyist helped pass it Professional Land Surveyors of Oregon Many close calls averted by task force members We made several modifications

THE TASK FORCE Photogrammetrists (ASPRS) Cartographers (Assessor Tax Map) County Surveyors (OACES) Local GIS Professionals (OGISA) State GIS Professionals (OGIC) Private Surveyors (PLSO) GIS Professionals (URISA) National Folks (ASPRS/NCEES) Others Geologists Foresters L.O.C A.O.C Etc…

Observations and Surprises Commitment of task force members & participating organizations Illogical legislative process Your legislation can be impacted by anything! Even a friend of a friend You never have “EVERYONE” on board LOC, Geologists, One surveyor, One legislator If you leave somebody out you are done! Dissenters can be managed Must be dealt with by own professionals

Success Factors Trust & Partnerships Active participation by many Perseverance (It took 4 Years!) We made recommendations & then took action Did it the OREGON WAY We are a small community with good history

Success Factors We documented concerns & addressed them (Protect the Public) And kept referring back to them Made incremental progress Did not re-invent the wheel (Model Law) Active support from a Lobbyist – Surveyors have to self-educate Active support from OSBEELS, ASPRS, OACES, OGIC, URISA, PLSO, etc…

Changes in the GIS Community More awareness of distinctions between GIS and Surveying More attention paid to potential for crossing the line with data collection Disclaimers used more extensively to say GIS map is not authoritative GIS Certification is becoming prevalent GIS Community is policing itself – no surveying without a license Surveyors directly involved in developing statewide base data

OSBEELS Questionnaire (sample) Is it Surveying within the new definition of ORS 672? 1. Does it provide or offer to provide professional services that apply mathematics, geodesy and other sciences and involve the making of geometric measurements and gathering of related information pertaining to the physical or legal features of the earth? 2 Does it provide or offer to provide professional services that apply mathematics, geodesy and other sciences and involve the making of geometric measurements and gathering of related information pertaining to improvements on the earth?

Is the act exempt from regulation under Oregon law? 1. Did the person maintain or transcribe existing georeferenced data into a GIS or LIS format by manual or electronic means and the data are clearly not intended to indicate the authoritative location of property boundaries, the precise shape or contour of the earth or the precise location of fixed works of humans? 2. Did the person perform activities under ORS or involving transcribing tax maps, zoning maps or other public data records into GIs or LIS formatted cadastre and maintain that cadastre where the data are not modified for other than geographical purposes and the data are clearly not intended to authoritatively represent property boundaries? OSBEELS Questionnaire (sample)