Each year, legislation is introduced in the California Legislature that would impact the practice and business of architecture, as well as society, in ways important to many in the profession. Should the architect on a public school design-build project be financially required to complete the project if the contractor fails? Should an architect be responsible for the mistakes of others? Should the California Building Code incorporate Feng Shui principles? Should there be a sales tax on services? Or licensing for interior designers?
These are the types of questions the California Legislature considers during any given session, and why The AIA California Council makes legislative advocacy a priority.
Of course, each legislative session does not produce a proposal to require architects to guarantee the completion of a public design-build project or for the building code to be consistent with Feng Shui principles. In reality, these specific examples were one-time proposals from the early 2000s. But The AIACC does find—among the 4,000 to 5,000 bills introduced each session—proposals that interest and affect the profession in ways both large and small.
Most of the proposals to which The AIACC responds can be placed into one of three categories: Practice Issues, Business Issues, or Societal Issues.
Practice issues often are a priority for The AIACC; they tend to affect more architects—in some cases all architects—and usually, but not always, there is stronger consensus within the profession on how The AIACC should respond.
Recent examples of practice issue proposals include:
- creating a Practice Act and licensing program for interior designers, a proposal that surfaces every seven to ten years;
- new requirements or conditions of licensure, such as the new disability access continuing education requirement;
- a response to the recent California court rulings that expand the obligation of design professionals to defend their clients;
- proposals that promote green building practices;
- creating new building standards such as fire suppression sprinklers in school buildings; and
- allowing the Franchise Tax Board to suspend an occupational or professional license for failure to pay state taxes.
Business issues are proposals that affect the running of a business and operation of an architectural firm.
Recent examples of business issue proposals include:
- requiring 3% withholding of payment to independent contractors— those who receive IRS Form 1099 (currently, corporations do not receive 1099s; beginning 2012 corporations are scheduled to receive 1099s); and
- enacting a sales tax on services.
Societal issues can be described as issues important to many in the profession or related to the profession, and affecting the built environment.
Recent examples of societal issue proposals include:
- incentives to owners to make seismic or sustainable improvements to their property;
- creating CEQA exemptions for affordable housing projects;
- expanding urban forestry programs; and
- supporting land use planning that promotes regional blueprints, resource conservation, and infill development
Each year, legislation is introduced in the California Legislature that would impact the practice and business of architecture, as well as society, in ways important to many in the profession. The AIACC— volunteer architects from firms of all sizes and practice types and AIACC staff—reviews all introduced legislation for its importance and impact on the profession and, at the direction of The AIACC Board of Directors, will support or oppose the legislation most important to the profession.
Author Mark Christian, Hon. AIACC, is the Director of Legislative Affairs for the AIA California Council, a position he has held since 1999. In this position, Mark is responsible for monitoring the CA State Legislature, identifying bills of interest to the profession, working with AIACC Members and Leadership to develop the AIACC’s position, developing and implementing strategies for the positive outcome of legislation of interest to the profession, and representing the profession before the legislature. Prior to joining the AIACC, Mark worked for the State Assembly for nine years in several capacities, including as a policy consultant on several environmental laws. For more information on legislative advocacy or to become more involved, contact Mark at mchristian@aiacalifornia.org.
Originally published 2nd quarter 2010 in arcCA 10.2, “The Future of CA.”
