AN ACT TO UPDATE AND CLARIFY THE NORTH CAROLINA ENGINEERING AND LAND SURVEYING ACT, MODIFYING LICENSURE REQUIREMENTS, BOARD POWERS, DISCIPLINARY PROCEDURES, AND OTHER PROVISIONS TO ENHANCE PROFESSIONAL REGULATION AND PRACTICE.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Land Surveyor Intern Reenactment. – G.S. 89C‑3(4) is reenacted as it existed immediately before its repeal under Section 1(a) of S.L. 2022‑1 and shall be recodified as subdivision (4b) of that section to ensure the subdivisions of G.S. 89C‑3 are listed in alphabetical order and make any conforming changes in the General Statutes to reflect this recodification.

SECTION 1.(b)  G.S. 89C‑13(b)(1) is reenacted as it existed immediately before its repeal under Section 1(b) of S.L. 2022‑1.

SECTION 1.(c)  Applicability. – This section is effective retroactively to July 1, 2022, and applies to certificates or licenses issued on or after that date.

SECTION 2.(a)  G.S. 89C‑3 reads as rewritten:

§ 89C‑3.  Definitions.

The following definitions apply in this Chapter:

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(7)        Practice of land surveying. –

a.         Providing professional services such as consultation, investigation, testimony, evaluation, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, whether the gathering of information for the providing of these services is accomplished by conventional ground measurements, by aerial photography, by global positioning via satellites, or by a combination of any of these methods, and the utilization and development of these facts and interpretations into an orderly survey map, plan, report, description, or project. The practice of land surveying includes the following:

1.         Locating, relocating, establishing, laying out, or retracing any property line, easement, or boundary of any tract of land;

2.         Locating, relocating, establishing, or laying out the alignment or elevation of any of the fixed works embraced within the practice of professional engineering;

3.         Making any survey for the subdivision of any tract of land, including the topography, alignment and grades of streets and incidental drainage within the subdivision, and the preparation and perpetuation of maps, record plats, field note records, and property descriptions that represent these surveys;

4.         Determining, by the use of the principles of land surveying, the position for any survey monument or reference point, or setting, resetting, or replacing any survey monument or reference point;

5.         Determining the configuration or contour of the earth's surface or the position of fixed objects on the earth's surface by measuring lines and angles and applying the principles of mathematics or photogrammetry;

6.         Providing geodetic surveying which includes surveying for determination of the size and shape of the earth both horizontally and vertically and the precise positioning of points on the earth utilizing angular and linear measurements through spatially oriented spherical geometry; and

7.         Creating, preparing, or modifying electronic or computerized data, including land information systems and geographic information systems relative to the performance of the practice of land surveying.activities in sub‑sub‑subdivisions 1. through 6. of this sub‑subdivision.

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SECTION 2.(b)  G.S. 89C‑13, as reenacted by Section 1(b) of this act, reads as rewritten:

§ 89C‑13.  General requirements for licensure.

(a)        Engineer Intern. – To be certified as an engineer intern, an applicant shall (i) pass the fundamentals of engineering examination and make application to the Board, (ii) be of good character and reputation, (iii) submit three character references to the Board, one of whom is a professional engineer, (iv) comply with the requirements of this Chapter, and (v) (iv) meet one of the following requirements:

(1)        Education. – Be a graduate of an EAC/ABET accredited engineering curriculum or of a related science curriculum which has been approved by the Board as being of satisfactory standing.

(2)        Education and experience. – Be a graduate of an engineering curriculum or related science curriculum of four years or more, other than curriculums approved by the Board as being of satisfactory standing in subdivision (1) of this subsection, and possess engineering experience satisfactory to the Board with a specific record of four or more years of progressive experience on engineering projects of a grade and character satisfactory to the Board.

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(b)        Land Surveyor Applicant. – The evaluation of a land surveyor applicant's qualifications shall involve a consideration of the applicant's education, technical, and land surveying experience, exhibits of land surveying projects with which the applicant has been associated, and recommendations by references. The land surveyor applicant's qualifications may be reviewed at an interview if the Board determines it necessary. Educational credit for institute courses, correspondence courses, or other courses shall be determined by the Board.

The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional land surveyor:surveyor or land surveyor intern:

(1)        To be certified as a land surveyor intern, an applicant shall (i) pass the fundamentals of land surveying examination and make application to the Board, (ii) be of good character and reputation, (iii) submit three character references to the Board, one of whom is a professional land surveyor, (iv) comply with the requirements of this Chapter, and (v) (iv) satisfy one of the following requirements related to education and experience:

a.         Be a graduate of a surveying curriculum of four years or more or other equivalent curriculum in surveying approved by the Board.

b.         Have rightful possession of an associate degree in surveying technology approved by the Board, a record satisfactory to the Board of four years of progressive practical experience, two years of which shall have been under a practicing professional land surveyor, and have satisfactorily passed a written and oral examination as required by the Board.

c.         Have graduated from high school or completed a high school equivalency certificate with a record satisfactory to the Board of 10 years of progressive, practical experience, six years of which shall have been under a practicing licensed land surveyor, and have satisfactorily passed any oral and written examinations required by the Board.

(1a)      To be licensed as a professional land surveyor, an applicant shall (i) be of good character and reputation, (ii) submit five character references to the Board, three of whom are professional land surveyors or individuals acceptable to the Board, with personal knowledge of the applicant's land surveying experience, (iii) comply with the requirements of this Chapter, and (iv) meet one of the following requirements:

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h.         Professional Engineers in Land Surveying. – Any person presently licensed to practice professional engineering under this Chapter shall upon application be licensed to practice land surveying, providing a written application is filed with the Board within one year next after June 19, 1975.

i.          Photogrammetrists. – Any person presently practicing photogrammetry with at least seven years of experience in the profession, two or more of which shall have been in responsible charge of photogrammetric mapping projects meeting National Map Accuracy Standards shall, upon application, be licensed to practice land surveying, provided:

1.         The applicant submit certified proof of graduation from high school, high school equivalency, or higher degree;

2.         The applicant submit proof of employment in responsible charge as a photogrammetrist practicing within the State of North Carolina to include itemized reports detailing methods, procedures, amount of applicant's personal involvement and the name, address, and telephone numbers of the client for five projects completed by the applicant with the State. A final map for one of the five projects shall also be submitted;

3.         Five references to the applicant's character and quality of work, three of which shall be from professional land surveyors, are submitted to the Board; and

4.         The application is submitted to the Board by July 1, 1999. After July 1, 1999, no photogrammetrist shall be licensed without meeting the same requirements as to education, length of experience, and testing required of all land surveying applicants.

j.          Any person performing activities described in G.S. 89C‑3(7)a.2. and 7. with at least seven years of experience in performing mapping science surveys, two or more of which have been in responsible charge of mapping science projects that meet the requirements of 21 NCAC 56.1608, shall, upon application, be licensed to practice surveying in their area of competence (mapping science) provided all of the following requirements are met:

1.         The applicant submits certified proof of graduation from high school, high school equivalency, or higher degree.

2.         The applicant submits proof of employment in responsible charge of mapping science projects within the State of North Carolina, including itemized reports detailing methods, procedures, amount of applicant's personal involvement, and the name, address, and telephone numbers of the client for five projects completed by the applicant within the State. The applicant shall also submit a final map, report, or digital product for one of the five projects.

3.         Five references as to the applicant's character and quality of work, three of which shall be from professional land surveyors, are submitted to the Board.

4.         The application is submitted to the Board by July 1, 2014. After July 1, 2014, no individual performing surveys described in 21 NCAC 56.1608 shall be licensed without meeting the same requirements as to education, length of experience, and testing required of all land surveying applications.

(2)        Repealed by Session Laws 2013‑98, s. 2 effective June 12, 2013.

The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible evidence of land surveying work executed by the applicant under proper supervision and which the applicant has personally accomplished or supervised.

Land surveying encompasses a number of disciplines including geodetic surveying, hydrographic surveying, cadastral surveying, engineering surveying, route surveying, photogrammetric (aerial) surveying, and topographic surveying. A professional land surveyor shall practice only within the surveyor's area of expertise.

The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible evidence of land surveying work executed by the applicant under proper supervision and which the applicant has personally accomplished or supervised.

SECTION 2.(c)  G.S. 89C‑10 reads as rewritten:

§ 89C‑10.  Board powers.

(a)        Rulemaking Authority. – The Board may adopt and amend all rules and rules of procedure as may be reasonably necessary for the proper performance of its duties, the regulation of its procedures, meetings, records, the administration of examinations, and the authority to enforce the rules of professional conduct as may be adopted by the Board pursuant to G.S. 89C‑20.

The action by the Board in carrying out any of the powers specified in this section shall be binding upon all persons licensed under this Chapter, including corporations and business firms holding certificates of authorization.

(b)        Official Seal. – The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.

(c)        Enforcement Through Injunctions. – The Board may in the name of the State apply for relief, by injunction, in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of this Chapter, or to restrain any violation of the provisions of this Chapter. In proceedings for injunctive relief, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation of the provisions of this Chapter. The members of the Board shall not be personally liable under this proceeding. When the Board prevails in actions brought under this subsection to enforce violations of G.S. 89C‑23(a)(3), (4), (5), (6), or (8), and the court finds that the violation was committed with fraudulent intent or intentional deceit, the court shall award the Board (i) reasonable attorneys' fees not to exceed five thousand dollars ($5,000) and (ii) the costs associated with obtaining the relief, including costs associated with the investigation and prosecution of the violation.

(d)       Examinations. – The Board may subject an applicant for licensure to any examination necessary to determine the applicant's qualifications.

(e)        Issuance of Licenses. – The Board may issue an appropriate certificate of licensure to any applicant who, in the opinion of the Board, has met the requirements of this Chapter.

(f)        Investigations. – It shall be the responsibility and duty of the Board to conduct a regular program of investigation concerning all matters within its jurisdiction under the provisions of this Chapter. The investigation of a licensee is confidential until the Board issues a citation to the licensee. The investigation of a nonlicensee is confidential until the Board approves any action authorized under this Chapter against the nonlicensee. The Board may expend its funds for salaries, fees, and per diem expenses, in connection with its investigations, provided that no funds other than per diem expenses shall be paid to any member of the Board in connection with its investigations, nor may any member of the Board give testimony and later sit in deciding on any matter which may directly involve punitive action for the testimony.

(g)        Instructional Programs. – The Board may use its funds to establish and conduct instructional programs for persons who are currently licensed to practice engineering or land surveying, as well as refresher courses for persons interested in obtaining adequate instruction or programs of study to qualify them for licensure to practice engineering or land surveying. The Board may expend its funds for these purposes and may not only conduct, sponsor, and arrange for instructional programs, but also may carry out instructional programs through extension courses or other media. The Board may enter into plans or agreements with community colleges, public or private institutions of higher learning, State and county boards of education, or with the governing authority of any industrial education center for the purpose of planning, scheduling or arranging courses, instruction, extension courses, or in assisting in obtaining courses of study or programs in the field of engineering and land surveying. The Board shall encourage the educational institutions in this State to offer courses necessary to complete the educational requirements of this Chapter. The Board may expend its funds to support nonprofit engineering and surveying professional societies, as well as nonprofit foundations dedicated to advancing the engineering and surveying professions, for the purposes of encouraging licensure and providing continuing education to licensees. For the purpose of carrying out these objectives, the Board may adopt rules as may be necessary for the educational programs, instruction, extension services, or for entering into plans or contracts with persons or educational and industrial institutions.

(g1)      Continuing Education for Surveying Apprenticeships. – The Board shall review and promulgate rules establishing continuing education requirements for surveying apprenticeships and encourage the workforce development of the profession.

(h)        Licensing Sponsors of Competency Activities. – The Board may license sponsors of continuing professional competency activities who agree to conduct programs in accordance with standards adopted by the Board. Sponsors shall pay a license fee established by the Board, not to exceed two hundred fifty dollars ($250.00) for licensure under this subsection. The license fee shall accompany the application. Sponsors shall renew their licenses annually on a form provided by the Board.

(i)         Real Property Transactions. – The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.

SECTION 2.(d)  G.S. 89C‑12 reads as rewritten:

§ 89C‑12.  Records and reports of Board; evidence.

The Board shall keep a record of its proceedings and a register of all applicants for licensure, showing for each the date of application, name, age, education, and other qualifications, place of business and place of residence, whether the applicant was rejected or a certificate of licensure granted, and the date licensure was rejected or granted. The books and register of the Board shall be prima facie evidence of all matters recorded by the Board, and a copy duly certified by the secretary of the Board under seal shall be admissible in evidence as if the original were produced. A roster showing the names and places of business and of residence of all licensed professional engineers and all licensed professional land surveyors shall be prepared by the secretary of the Board current to the month of January of each year. published on the Board's website. On or before the first day of May of each year, the Board shall submit to the Governor a report on its transactions for the preceding year, and shall file with the Secretary of State a copy of the report, together with a complete statement of the receipts and expenditures of the Board attested by the chair and the secretary and a copy of the roster of licensed professional engineers and professional land surveyors.

SECTION 2.(e)  G.S. 89C‑14 reads as rewritten:

§ 89C‑14.  Application for licensure; license fees.

(a)        Application Requirements. – Application for licensure as a professional engineer or professional land surveyor shall be on a form prescribed and furnished by the Board. It shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical and engineering or land surveying experience, and shall include the names and complete mailing addresses of the references, none of whom may be immediate members of the applicant's family or members of the Board.

The Board may accept the certified information on the copy of a current formal certificate of qualifications issued by the National Council of Examiners for Engineering and Surveying in lieu of the same information that is required for the form prescribed and furnished by the Board.

(b)        Examination and Licensure Fees. – An applicant for licensure who is required to take the written examination shall pay to the Board an application fee not to exceed one hundred dollars ($100.00). The Board may charge any fee necessary to defray the cost of any required examinations. The fee shall accompany the application. The fee for comity licensure of engineers and land surveyors who hold unexpired certificates in another state or a territory of the United States or in Canada shall be the total current fee as fixed by the Board.

(c)        Certification Fees for Corporations and Firms. – The certification fee for a corporation is the amount set by the Board but shall not exceed one hundred dollars ($100.00). The fee shall accompany the application. The certification fee for a business firm is the same as the fee for a corporation. The fee for renewal of a certificate of licensure of a corporation is the amount set by the Board but shall not exceed seventy-five dollars ($75.00). The fee for renewal of a certificate of licensure for a business firm is the same as the renewal fee for a corporation.

(d)       Refunds for Denied Licensure. – Should the Board deny the issuance of a certificate of licensure to any applicant, the unobligated portion of fees paid shall be returned by the Board to the applicant.

(e)        A candidate failing an examination may apply, and be considered by the Board, for reexamination at the end of six months. The Board shall make such reexamination charge as is necessary to defray the cost of the examination.

A candidate with a combination of three failures or unexcused absences on an examination shall only be eligible after submitting a new application with appropriate application fee and documented evidence of actions taken by the candidate to enhance the candidate's prospects for passing the exam. A candidate with a combination of three failures or unexcused absences may only be considered by the Board for reexamination at the end of 12 months following the third failure or unexcused absence. After the end of the 12-month period, the applicant may take the examination no more than once every calendar year.

SECTION 2.(f)  G.S. 89C‑16 reads as rewritten:

§ 89C‑16.  Certificates of licensure; effect; seals.

(a)        Certificate Issuance and Designation. – The Board shall issue to any applicant, who, in the opinion of the Board, has met the requirements of this Chapter, a certificate of licensure giving the licensee proper authority to practice the profession in this State. The certificate of licensure for a professional engineer shall carry the designation professional engineer, and for a land surveyor, professional land surveyor, shall give the full name of the licensee with the Board designated licensure number and shall be signed by the chair and the secretary under the seal of the Board.

(b)        Certificate as Evidence of Authority. – This certificate shall be prima facie evidence that the person named on the certificate is entitled to all rights, privileges and responsibilities of a professional engineer or a professional land surveyor, while the certificate of licensure remains unrevoked or unexpired.

(c)        Seal Requirements and Prohibited Uses. – Each licensee shall upon licensure obtain a seal of a design authorized by the Board bearing the licensee's name, license number, and the legend, professional engineer, or professional land surveyor. Final drawings, specifications, plans and reports prepared by a licensee shall, when issued, be certified and stamped with the seal or facsimile of the seal unless the licensee is exempt under the provisions of G.S. 89C-25(7). seal. It shall be unlawful for a licensee to affix, or permit the licensee's seal and signature or facsimile of the seal and signature to be affixed to any drawings, specifications, plans or reports after the expiration of a certificate or for the purpose of aiding or abetting any other person to evade or attempt to evade any provision of this Chapter. A professional engineer practicing land surveying shall use the licensee's land surveyor seal.

SECTION 2.(g)  G.S. 89C‑17 reads as rewritten:

§ 89C‑17.  Expirations and renewals of certificates.licenses.

(a)        Certificates for licensure of corporations and Expiration of Licenses. – Licenses of individuals, corporations, or business firms that engage engaged in the practice of engineering or land surveying shall expire on the last day of the month of June following their issuance or renewal date chosen by the Board and shall become invalid on that date unless renewed. All other certificates for licensure shall expire on the last day of the month of December next following their issuance or renewal, and shall become invalid on that date unless renewed. When necessary to protect the public health, safety, or welfare, the Board shall require any evidence necessary to establish the continuing competency of engineers and land surveyors as a condition of renewal of licenses. When the Board is satisfied as to the continuing competency of an applicant, it shall issue a renewal of the certificate upon payment by the applicant of a fee fixed by the Board but not to exceed seventy-five dollars ($75.00). The Board, by rule, may enact a multiyear renewal cycle. The secretary of the Board shall notify by mail or email every person or entity licensed under this Chapter of the date of expiration expiration date of the certificate, license, the amount of the fee required for its renewal for one year, renewal, and any requirement as to evidence of continued professional competency. The notice shall be sent by email or mailed at least one month in advance of the expiration date of the certificate.license.

(b)        Renewal Process. – Renewal shall be effected may be accomplished at any time during the month immediately following the month of expiration, by payment to the secretary of the Board of a renewal fee, as determined by the Board, which shall not exceed seventy-five dollars ($75.00).after issuance of the notice required under subsection (a) of this section and through the end of the calendar month following the expiration date by complying with the Board's requirements, including any professional competency requirements, as a condition of renewal. The renewal fee shall be set by the Board but shall not exceed one hundred dollars ($100.00) per calendar year of the renewal period.

(c)        Consequences of Failure to Renew. – Failure on the part of any licensee to renew the certificate annually in a license by the end of the calendar month immediately following the month date of expiration, as required above, shall deprive the licensee of the right to practice until reinstatement of the license. The license may be reinstated at anytime during the first 12 months immediately following the date the license became invalid by payment of of: (i) a reinstatement fee of one hundred dollars ($100.00) in addition to that shall be set by the Board but shall not exceed two hundred dollars ($200.00) and (ii) the established renewal fee. Failure of a licensee to reinstate the license during the first 12 months immediately following the date the license became invalid shall require the individual, person or entity, prior to resuming practice in North Carolina, to submit an application on the prescribed form, and to meet all other requirements for licensure as set forth in Chapter 89C. this Chapter. The secretary of the Board is instructed to shall remove from the official roster of engineers and land surveyors the names of all licensees who have not effected their renewal by the first day of the month immediately following the renewal period.

(d)       Renewals in Hardship Cases. – The Board may adopt rules to provide for renewals in distress or hardship cases due to military service, prolonged illness, or prolonged absence from the State, where the applicant for renewal demonstrates to the Board that the applicant has maintained active knowledge and professional status as an engineer or land surveyor, as the case may be.

(e)        Notification of Address Changes. – It shall be the responsibility of each licensee to inform the Board promptly concerning change in any changes to their business or residential address.

(f)        Notification of Business Changes. – It shall be the responsibility of each licensed business firm and corporation to inform the Board promptly concerning any changes to their business name, address, locations, ownership, officers, or services being offered.

(g)        Inactive License Status. – A licensee may request and be granted inactive status. No inactive licensee may practice in this State unless otherwise exempted in this Chapter. A licensee granted inactive status shall pay annual the required renewal fees fee but shall not be subject to annual continuing professional competency requirements. A licensee granted inactive status may return to active status by meeting all requirements of the Board, including demonstration of continuing professional competency as a condition of reinstatement.

SECTION 2.(h)  G.S. 89C‑23 reads as rewritten:

§ 89C‑23.  Unlawful to practice engineering or land surveying without licensure; unlawful use of title or terms; penalties; Attorney General to be legal adviser.

(a)        Any person who shall practice, who commits any of the following acts, in addition to being subject to the injunctive procedures in G.S. 89C‑10(c), shall be guilty of a Class 2 misdemeanor:

(1)        Practicing or offer offering to practice, engineering or land surveying in this State without first being licensed in accordance with the provisions of this Chapter, or any person, firm, partnership, organization, association, corporation, or other entity using Chapter.

(2)        Using or employing the words engineer or engineering or professional engineer or professional engineering or land surveyor or land surveying, or any modification or derivative of those words in its name or form of business or activity by any person, firm, partnership, organization, association, corporation, or other entity except as licensed under this Chapter or in pursuit of activities exempted by this Chapter, or any person presenting Chapter.

(3)        Presenting or attempting to use the certificate of licensure or the seal of another, or any person who shall give any another.

(4)        Providing false or forged evidence of any kind to the Board or to any member of the Board in obtaining or attempting to obtain a certificate of licensure, or any person who shall falsely impersonate licensure.

(5)        Falsely impersonating any other licensee of like or different name, or any person who shall attempt name.

(6)        Attempting to use an expired or revoked or nonexistent certificate of licensure, or who shall practice licensure.

(7)        Practicing or offer offering to practice when not qualified, or any person who falsely claims qualified.

(8)        Falsely claiming that the person is registered under this Chapter, or any person who shall violate Chapter.

(9)        Violating any of the provisions of this Chapter, in addition to injunctive procedures set out hereinbefore, shall be guilty of a Class 2 misdemeanor. In no event shall there be representation of or holding out to the public of any engineering expertise by unlicensed persons. Chapter.

(b)        In no event shall any unlicensed person represent themselves as a professional engineer or hold out to the public any engineering expertise with the intent to practice engineering. This prohibition shall not apply to activities described in G.S. 89C‑25.

(c)        It shall be the duty of all duly constituted officers of the State and all political subdivisions of the State to enforce the provisions of this Chapter and to prosecute any persons violating them.

(d)       The Attorney General of the State or an assistant shall act as legal adviser to the Board and render any legal assistance necessary to carry out the provisions of this Chapter. The Board may employ counsel and necessary assistance to aid in the enforcement of this Chapter, and the compensation and expenses for the assistance shall be paid from funds of the Board.

SECTION 2.(i)  G.S. 89C‑25 reads as rewritten:

§ 89C‑25.  Limitations of Application of Chapter.

This Chapter shall not prevent the following activities:

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(12)      Testifying as a lay or expert witness at a deposition or trial as well as the preparation and drafting of an expert report pursuant to G.S. 1A‑1, Rule 26(b)(4)a.2. in preparation for testifying as an expert at a deposition or trial.

SECTION 2.(j)  G.S. 89C‑25.2 is repealed.

SECTION 3.(a)  G.S. 89C‑19.2 is recodified as G.S. 14‑159.15.

SECTION 3.(b)  This section is effective when it becomes law.

SECTION 4.  Rulemaking. – The Board of Examiners for Engineers and Surveyors may adopt rules to implement the provisions of this act.

SECTION 5.  Effective Date. – Except as otherwise provided, this act becomes effective October 1, 2025.