On March 7, the 2020 General Assembly adjourned sine die.
With a new Democratic majority in both chambers, we saw a fast-paced session full of proposals on energy, sustainability, fair housing, anti-discrimination, labor rights, and gun-control. In this session, the Senate introduced 1,095 bills and the House introduced 1,734 bills respectively. In addition, 299 resolutions were put forth for consideration. There were many long days spent advocating for AIA Virginia. However, one of the great highlights was recognition of AIA Virginia on the House floor by Del. Betsy Carr (D – Richmond) at the end of February. Del. Carr’s remarks emphasized the important role that architects play in shaping equitable, resilient, and healthy communities.
The Joint Legislative Committee (JLC), composed of practitioners from AIA Virginia and ACEC Virginia, reviewed all the bills and resolutions to determine the ones to act on.
We are thankful for the volunteer service of our AIA Virginia JLC representatives as follows:
Kathy Galvin, AIA – Principal at Kathy Galvin Architects
Ed Gillikin, AIA – Principal at KOP Architects
Kenney Payne, AIA – Vice President at Moseley Architects
Stephen Weisensale, AIA – Senior Associate at Commonwealth Architects
If you know any of these individuals, please take a moment to reach out to them and share your gratitude.
AIA Virginia played an instrumental role in three major bills, of which as of today, are awaiting the Governor’s signature. SB 658, which makes the “duty to defend” language in indemnification clauses against public policy, was carried by Sen. Scott Surovell (D – Mount Vernon). HB 1300 and its companion SB 607 both provide for a 15-year statute of limitations for design and construction projects performed for the Commonwealth of Virginia, including public institutes of higher education. HB 1300 was carried by Del. Chris Hurst (D – Blacksburg) and Senate Minority Leader Tommy Norment (R – Williamsburg) served as the patron of SB 607.
Through the increasing membership support of our Political Action Committee (PAC), we have been able to build increasingly more legislative relationships. Please make a 2020 investment in our PAC today to help elevate our voice on the built environment. We need you.
Below are the bills that AIA Virginia engaged or monitored during the session.
ACTIVE
The organization acted in a lobbying capacity on the following bills:
HB 833 – Carroll Foy – Virginia Public Procurement Act; public works contracts, prevailing wage rate, penalty.
HB 1078 – Hope – Virginia Public Procurement Act; process for competitive negotiation, etc. (Note: The bill patron agreed to language that would exempt architects.)
HB 1300 – Hurst – Virginia Public Procurement Act; statute of limitations on actions on construction contracts. (Position: SUPPORT)
HB 1414 – Filler-Corn – Transportation; amends numerous laws related to funds, safety programs, revenue sources, etc. (Note: Successfully lobbied for building projects associated with transportation to be procured using Qualifications Based Selection)
SB 94 – Favola – Virginia Energy Plan; relating to the Commonwealth Energy Policy (Position: ADVOCATE FOR SEAT)
SB 385 – McPike – Engineers; exemption from regulation. (Position: SUPPORT)
SB 487 – Bell – Virginia Public Procurement Act; architectural and professional engineering term contracts. (Position: SUPPORT)
SB 607 – Norment – Virginia Public Procurement Act; statute of limitations on actions on construction contracts. (Position: SUPPORT)
SB 658 – Surovell – Contracts with design professionals; provisions requiring a duty to defend void. (Position: SUPPORT)
SB 890 – Saslaw – Transportation; amends numerous laws related to funds, safety programs, revenue sources, etc. (Note: Successfully lobbied for building projects associated with transportation to be procured using Qualifications Based Selection)
MONITOR
AIA Virginia monitored bills placed in this category. Often, we watch bills because they are of interest and we want to remain informed. When this is the case, it is often another organization taking the lead due to its specific expertise and political relationships. If amendments are introduced that make a bill in this category detrimental to our profession, then it is moved to the ACTIVE list and we engage. There are some bills that AIA Virginia does not take a position on. An example of this would be bills that define “small business”. Because of the composition of our membership, we would not want to take any action that would hurt any of our members.
HB 22 – Lindsey – Virginia Shoreline Resiliency Fund; grant program.
HB 454 – Wyatt – Virginia Public Procurement Act; purchase programs for recycled goods, climate-positive materials.
HB 558 – Lindsey – Micro-business; enhancement of participation in local procurement.
HB 810 – Bourne – Virginia housing opportunity tax credit program; VHDA, et al., to develop. (Position: ADVOCATE FOR SEAT)
HB 882 – Bulova – Stormwater management; proprietary best management practices, reciprocity.
HB 890 – Sickles – Construction management and design-build contracting; use by local public bodies.
HB 1313 – Hodges – Chief Resiliency Officer; Secretary of Public Safety and Homeland Security to designate.
HB 1407 – Ward – Misclassification of employees as independent contractors; Department of Taxation to investigate.
HB 1431 – Mugler – Art and Architectural Review Board; changes number of member quorum.
HB 1541 – McQuinn – Central Virginia Transportation Authority; created.
SB 110 – Howell – Research and development tax credits; extends sunset date, aggregate caps.
SB 333 – Stuart – Uniform Statewide Building Code; security locking mechanisms.
SB 341 – Locke – Construction management and design-build contracting; use by state and local public bodies.
SB 368 – Bell – Virginia Public Procurement Act; architectural and professional engineering term contracts. (Position: SUPPORT)
SB 481 – Favola – Employees; earned sick leave, civil penalties.
SB 888 – McClellan – School Construction and Modernization, Commission on; established, report. (Position: ADVOCATE FOR SEAT)
SB 963 – Surovell – Commonwealth Efficient and Resilient Buildings Board; establishes. (Position: ADVOCATE FOR SEAT)
DEAD
The following depicts the bills of interest to AIA Virginia that were introduced but were not successful:
HB 24 – Lindsey – Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2020; established, report.
HB 40 – Samirah – Public schools; mental health break spaces, regulations.
HB 84 – Fowler – Virginia Public Procurement Act; proposals to public higher educational institutions, disclosure.
HB 133 – Miyares – Virginia Public Procurement Act; professional and information technology project services contracts. (Position: OPPOSED)
HB 283 – Cole, J.G. – Highway construction and maintenance; time limitations.
HB 346 – Davis – Small Business and Supplier Diversity, Department of; redefines “small business.”
HB 359 – Lopez – Virginia Public Procurement Act; consideration of best value concepts for construction services.
HB 364 – Cole, M.L. – Statewide prioritization process; project selection.
HB 382 – Convirs-Fowler – Virginia Shoreline Resiliency Fund; grant program.
HB 389 – Miyares – Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2020; established, report.
HB 525 – Subramanyam – Greenhouse gas emissions; State Air Pollution Control Board to conduct a statewide inventory.
HB 601 – Freitas – Administrative Process Act; review of occupational regulations.
HB 685 – LaRock – Va Public Procurement Act; preference for contractors using automatic billing verification software.
HB 898 – Guzman – Employees; earned sick leave, civil penalties.
HB 953 – Ayala – STEAM programs; establishes STEAM Education Fund. (Position: SUPPORT)
HB 970 – LaRock – Transportation; use of funds.
HB 982 – Webert – Professions and occupations; licensure by endorsement. (Position: OPPOSED originally and then shifted to neutral when the patron agreed to our bill language amendment)
HB 1005 – Mullin – Uniform Statewide Building Code; exceptions, provisions, and modifications.
HB 1109 – Hudson – Income tax, corporate; combined reporting requirements, disclosures.
HB 1134 – Lopez – Small Business and Supplier Diversity, Department of; redefines small business.
HB 1156 – Lopez – Historic rehabilitation; increases tax credit. (Position: SUPPORT)
HB 1274 – O’Quinn – School Construction Fund and Program; created and established.
HB 1364 – Hodges – Resource Protection Areas; improvement plans.
HB 1373 – Hodges – Flood Resiliency Clearing House Program; developed by Department of Conservation and Recreation.
HB 1377 – LaRock – Architectural and engineering contracts; certain localities.
HB 1389 – LaRock – Transportation funds; use of funds for projects.
HB 1488 – Hudson – Virginia Public Procurement Act; definitions, clarification of “best value.”
HB 1538 – Austin – Commonwealth Transportation Interstate 81 Corridor Bond Act of 2020; created.
HB 1650 – Ward – Small Business Procurement Enhancement Program; established, report.
HB 1709 – Heretick – Small businesses; definition to include LGBT-owned businesses.
HB 1714 – Wyatt – Transportation, Department of; design standards, modifications.
HB 1732 – Miyares – Uniform Statewide Building Code; installation of key boxes of high-risk structures.
HJ 67 – Orrock – Affordable housing; Virginia Housing Commission to study the definition.
SB 5 – Stanley – Board of Education; uniform minimum standards modern; public school buildings.
SB 6 – Stanley – Voter referendum; issuance of state general obligation bonds for school facility modernization.
SB 418 – Petersen – Virginia Public Procurement Act; cooperative procurement, construction.
SB 475 – Bell – Virginia Public Procurement Act; use of best value contracting.
SB 797 – Lewis – Uniform Statewide Building Code; exceptions, provisions, and modifications.
SB 829 – Stanley – Governor; authority to reinstate professional licenses.
SB 1061 – Petersen – C-PACE loans; residential dwellings and condominiums.
SB 1087 – Pillion – School Construction Fund and Program; created and established.
If you have any questions, please feel free to submit them to Corey Clayborne, FAIA at cclayborne@aiava.org