On Friday, October 16, the General Assembly’s Special Session went into recess. It did not adjourn. This allows the Governor to modify the budget to enact the redistricting constitutional amendment on November’s ballot if it passes.
Since our September legislative update, Del. Guzman’s (D-Woodbridge) paid quarantine leave (HB 5116) bill failed in the Senate Committee Commerce and Labor by a 14-1 vote. The two bills (SB 5067 – Saslaw and HB 5074 – Sullivan) that would provide businesses immunity from civil claims related to the transmission of or exposure to COVID-19 were stricken by their respective patrons after the inability to have labor and business groups reach an agreement. Lastly, Sen. Lewis’ (D-Accomac) bill (SB 5106)that would extend local land use approvals to address the pandemic has passed the House and Senate and awaiting the signature of the Governor.
Virginia Releases September 2020 Revenue Report
as reported from the Office of the Governor
Governor Ralph Northam announced that September General Fund revenue increased 7.6 percent from the previous year, driven by growth in payroll withholding, corporate, and recordation tax collections. The Governor reported that Virginia’s General Fund revenues are increasing, and the Commonwealth has been able to avoid the major revenue shocks that other states are experiencing because of the ongoing pandemic. This is the result of the proactive measures Virginia has taken to mitigate the impacts of the virus on the state’s economy and put the Commonwealth on the path toward a strong recovery.
With September marking the end of the first quarter of fiscal year 2021, Secretary of Finance Aubrey Layne, reported this quarter’s revenue performance confirms that the Commonwealth took a measured and prudent path in the updated Interim Forecast released in August.
With one more deposit day than September of last year, payroll withholding grew 11.4 percent for the month. Furthermore, the first non-withholding estimated payment for fiscal year 2021 was due in September. Collections in non-withholding grew 2.4 percent over last year. Collections of sales and use taxes, reflecting August sales, fell 3.2 percent in September—almost all of the decline is due to accelerated sales tax (AST) refunds. As with non-withholding, the due date for the first estimated payment for corporate income tax collections for the fiscal year was also due in September. Collections of corporate income tax increased 17.4 percent in September from September of last year. Finally, collections of wills, suits, deeds, and contracts—mainly recordation tax collections—were $56.6 million in September, compared with $36.6 million in September of last year.
On a fiscal year-to-date basis, total revenue collections rose 9.9 percent, well ahead of the annual forecast of a 1.8 percent decrease. On a fiscal year-to-date basis, collections of payroll withholding taxes—63 percent of General Fund revenues—increased 2.4 percent, equal to the annual estimate. Year-to-date non-withholding collections were $982.4 million compared with $617.6 million in the same period last year, increasing by 59.1 percent, ahead of the annual estimate of a 3.6 percent decline. Sales tax collections—16 percent of General Fund revenues—increased 7.5 percent through September, ahead of the annual forecast calling for a 9.7 percent decrease. Through the first quarter of the fiscal year, corporate income tax collections rose 36.1 percent from the same period last year, ahead of the annual estimate of a 3.0 percent increase. Finally, collections of wills, suits, deeds, and contracts were up 35.9 percent in the first quarter, well ahead of the forecasted 12.6 percent decline.
If you have any questions, please feel free to submit them to Corey Clayborne, FAIA at cclayborne@aiava.org
Like many professions, architects have interests that specifically impact our profession, practice, and our community. The legislative and regulatory environment is arguably the most important arena that impacts how we provide our professional services. We, as architects, want to have an influential voice in this arena which allows us to control our destiny. We can’t have an influential voice without having relationships. As such, the PAC allows us to build these necessary relationships.
The AIA Virginia PAC Award looks to celebrate the engagement and commitment of a local AIA component who supports the advancement and mission of the PAC. The Award has historically been presented at Architecture Exchange East to the local component’s Board of Directors who will accept the award on behalf of the its respective membership. The Award criteria is based on a point total calculation based on three areas: local component Board participation, percentage of local component’s membership who have invested in the PAC, and total amount of money invested by the members of the local component.
Below outlines point allocations:
Local component Board participation
Did 100% of the Board of Directors invest into the AIA Virginia PAC?
Yes = 20 points
No = 0 points
Percentage of local component’s members who have invested in the AIA Virginia PAC
Component with highest % = 40 points
Component with second highest % = 20 points
Component with third highest % = 10 points
Average investment per member from the total local component membership
Component with highest average investment/member = 40 points
Component with second highest average investment/member = 30 points
Component with third highest average investment/member = 20 points
Component with fourth highest average investment/member = 10 points
Component with fifth highest average investment/member = 0 points
The scoring will be closed on October 23, 2020 at 5:00 p.m. EST.
$1,000 to $2,499 Glave & Holmes Architecture Kenney Payne, AIA
$500 to $999 Jeremy Maloney, AIA
$200-$499 Ron Anderson of Nello Wall Systems Scott Campbell, AIA R. Corey Clayborne, FAIA Karen Conkey, AIA Theresa del Ninno, AIA Rebecca Edmunds, AIA John Glenn, AIA Lou Wolf, AIA
$100-$199 JW Blanchard, AIA Thomas Ellis, AIA Eliza Engle, AIA Jeanne LeFever, AIA Beth Reader, FAIA Sean Reilly, AIA Robert Reis, AIA J. Mitchell Rowland, III, AIA Michael Spory, Assoc. AIA Nick Vlattas, FAIA Stephen Weisensale, AIA
Up to $99 Anonymous (3) Krystal Anderson, AIA Kelly Batchelder of Nello Wall Systems Barbara Benesh, AIA Mayda Colon, AIA Phoebe Crisman, AIA Manoj Dalaya, FAIA April Drake, AIA Robert Easter, FAIA Jori Erdman, AIA Keesha Ezell Kathy Galvin, AIA Rhea George, Hon. AIA VA Cathy Guske, Hon. AIA VA Stephen Kulinski, AIA Spencer Lepler, AIA Andrew McKinley, AIA Jonathan Moore, AIA Susan Reed, AIA Joshua Rubbelke, AIA Maury Saunders, AIA Charles Todd, AIA Chris Warren, Assoc. AIA Ed Weaver, AIA Rob Winstead, AIA
On August 18th, the Virginia General Assembly convened for a special session to revisit the recently passed biennial budget ravaged by COVID-19 and to take up legislation predominantly focused on pandemic impacts, criminal justice, and police reform. At the onset, the House met at VCU’s Siegel Center and the Senate used the Science Museum of Virginia as its meeting venue. The House chamber got off to a delayed start eventually deciding to conduct its business virtually.
The Virginia Secretary of Finance announced that the Commonwealth is faced with a $2.7 billion revenue shortfall in the two-year budget. To balance the budget, the Governor proposed cuts to one-time spending and canceling deposits into the Commonwealth’s rainy-day fund. The General Assembly is currently in the process of considering the Governor’s amendments. The major issue we are tracking in the budget is funding for capital projects. As you may recall, during the Reconvene Session in April the Governor was given the authority to suspend or delay capital expenditures. At this time any delay in capital project spending at the state level has been based on a project by project basis. After reviewing the Governor’s amendments and discussions with the Administration, we do not see or anticipate any across the board cuts to capital spending.
AIA Virginia is monitoring the following two pieces of legislation that may impact your firm:
HB 5116 – Guzman – Public and private employers; required to provide eligible employees paid quarantine leave, etc.
This legislation would require employers to provide paid quarantine leave. The bill would require 80 hours of paid sick leave if an employee or family member contracted COVID or if an employee or a family member must quarantine. Senator Barbara Favola (D-Arlington) introduced a similar bill (SB 5076) which failed to pass the Committee on Commerce and Labor with a 12-3 vote. Delegate Guzman’s bill passed the House with a 54-44 after being heavily amended several times. Based on the action in the Senate we anticipate this bill may fail, but are uncertain as to whether future amendments may increase its likelihood of success.
SB 5067 – Saslaw and HB 5074 – Sullivan – COVID-19 virus; immunity from civil claims related to transmission of or exposure to the virus.
Various legislators have introduced bills that provide immunity from civil claims related to the transmission or exposure to COVID-19 if the organization has complied with applicable local, state, and federal policies and guidance. Typically, when a number of legislators introduce similar bills, the result is one combined bill. In this case, the Senate Majority Leader Richard “Dick” Saslaw (D-Springfield) is carrying the combined bill in the Senate and Delegate Rip Sullivan (D-Arlington) is carrying the companion in the House.
SB 5106 – Lewis – Local land use approvals; extension of approvals to address the COVID-19 pandemic.
SB 5106 extends until at least July 1, 2022, the sunset date for various local land use approvals that were valid and outstanding as of July 1, 2020. This measure was introduced at the request of the Homebuilders Association of Virginia and is supported by many organizations who are concerned with COVID-19 slowdowns in construction projects that rely on various local land use approvals. The bill has passed the Senate and we are awaiting committee assignment in the House.
If you have any questions, please feel free to submit them to Corey Clayborne, FAIA at cclayborne@aiava.org
AIA Richmond Takes Early Lead in the RUMBLE in the JUNGLE: Winner gets $1,000 for 2021 Architecture Week
Like many professions, architects have interests that specifically impact our profession, practice, and our community. The legislative and regulatory environment is arguably the most important arena that impacts how we provide our professional services. We, as architects, want to have an influential voice in this arena which allows us to control our destiny. We can’t have an influential voice without having relationships. As such, the PAC allows us to build these necessary relationships.
The AIA Virginia PAC Award looks to celebrate the engagement and commitment of a local AIA component who supports the advancement and mission of the PAC. The Award has historically been presented at Architecture Exchange East to the local component’s Board of Directors who will accept the award on behalf of the its respective membership. The Award criteria is based on a point total calculation based on three areas: local component Board participation, percentage of local component’s membership who have invested in the PAC, and total amount of money invested by the members of the local component.
Below outlines point allocations:
Local component Board participation
Did 100% of the Board of Directors invest into the AIA Virginia PAC?
Yes = 20 points
No = 0 points
Percentage of local component’s members who have invested in the AIA Virginia PAC
Component with highest % = 40 points
Component with second highest % = 20 points
Component with third highest % = 10 points
Average investment per member from the total local component membership
Component with highest average investment/member = 40 points
Component with second highest average investment/member = 30 points
Component with third highest average investment/member = 20 points
Component with fourth highest average investment/member = 10 points
Component with fifth highest average investment/member = 0 points
The scoring will be closed on October 23, 2020 at 5:00 p.m. EST.
Ron Anderson of Nello Wall Systems Scott Campbell, AIA R. Corey Clayborne, FAIA Karen Conkey, AIA Theresa del Ninno, AIA Rebecca Edmunds, AIA John Glenn, AIA Lou Wolf, AIA
$100-$199
JW Blanchard, AIA Thomas Ellis, AIA Eliza Engle, AIA Jeanne LeFever, AIA Beth Reader, FAIA Sean Reilly, AIA Robert Reis, AIA J. Mitchell Rowland, III, AIA Michael Spory, Assoc. AIA Nick Vlattas, FAIA Stephen Weisensale, AIA
Up to $99
Anonymous (2) Krystal Anderson, AIA Kelly Batchelder of Nello Wall Systems Mayda Colon, AIA Phoebe Crisman, AIA Manoj Dalaya, FAIA April Drake, AIA Robert Easter, FAIA Jori Erdman, AIA Keesha Ezell Kathy Galvin, AIA Rhea George, Hon. AIA VA Cathy Guske, Hon. AIA VA Stephen Kulinski, AIA Spencer Lepler, AIA Jonathan Moore, AIA Joshua Rubbelke, AIA Maury Saunders, AIA Charles Todd, AIA Chris Warren, Assoc. AIA Ed Weaver, AIA Rob Winstead, AIA
Does Your Component Want to Win a $1,000 for 2021 Architecture Week? – Win the RUMBLE in the JUNGLE for the AIA Virginia Political Action Committee Award
Like many professions, architects have interests that specifically impact our profession, practice, and our community. The legislative and regulatory environment is arguably the most important arena that impacts how we provide our professional services. We, as architects, want to have an influential voice in this arena which allows us to control our destiny. We can’t have an influential voice without having relationships. As such, the PAC allows us to build these necessary relationships.
The AIA Virginia PAC Award looks to celebrate the engagement and commitment of a local AIA component who supports the advancement and mission of the PAC. The Award has historically been presented at Architecture Exchange East to the local component’s Board of Directors who will accept the award on behalf of the its respective membership. The Award criteria is based on a point total calculation based on three areas: local component Board participation, percentage of local component’s membership who have invested in the PAC, and total amount of money invested by the members of the local component.
Below outlines point allocations:
Local component Board participation
Did 100% of the Board of Directors invest into the AIA Virginia PAC?
Yes = 20 points
No = 0 points
Percentage of local component’s members who have invested in the AIA Virginia PAC
Component with highest % = 40 points
Component with second highest % = 20 points
Component with third highest % = 10 points
Average investment per member from the total local component membership
Component with highest average investment/member = 40 points
Component with second highest average investment/member = 30 points
Component with third highest average investment/member = 20 points
Component with fourth highest average investment/member = 10 points
Component with fifth highest average investment/member = 0 points
The scoring will be closed on October 23, 2020 at 5:00 p.m. EST.
$200-$499 Scott Campbell, AIA R. Corey Clayborne, FAIA Karen Conkey, AIA Theresa del Ninno, AIA John Glenn, AIA Lou Wolf, AIA
$100-$199 Ron Anderson of Nello Wall Systems JW Blanchard, AIA Rebecca Edmunds, AIA Thomas Ellis, AIA Eliza Engle, AIA Jeanne LeFever, AIA Beth Reader, FAIA Sean Reilly, AIA Robert Reis, AIA J. Mitchell Rowland, III, AIA Michael Spory, Assoc. AIA Nick Vlattas, FAIA Stephen Weisensale, AIA
Up to $99 Anonymous (2) Krystal Anderson, AIA Kelly Batchelder of Nello Wall Systems Mayda Colon, AIA Robert Easter, FAIA Keesha Ezell Kathy Galvin, AIA Rhea George, Hon. AIA VA Cathy Guske, Hon. AIA VA Spencer Lepler, AIA Joshua Rubbelke, AIA Maury Saunders, AIA Charles Todd, AIA Chris Warren, Assoc. AIA Ed Weaver, AIA
AIA Virginia will be providing the Governor’s Office with a slate of candidates for consideration for appointment to several Commonwealth of Virginia Boards and Commissions. Our organization advocates for the Architect’s voice on these bodies to help shape policies and strengthen our communities. See the submission requirements.
Submissions are due to AIA Virginia Executive Vice President, Corey Clayborne, FAIA by 5 p.m. on Thursday, May 14, 2020. Please note which Board or Commission you’d like to serve on in your submitted documentation.
We will be submitting a slate of nominees for each of the following Boards and Commissions:
Purpose: The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA Board) examines, licenses, and regulates approximately 35,000 individuals and related business entities in Virginia. Learn more. Meeting Frequency: Estimated at 4 times per year*
Purpose: The Fair Housing Board administers and enforces national and state fair housing laws. The laws prohibit housing discrimination based on race, color, national origin, sex, disability, familial status (families with children under age 18), or “elderliness” (age 55 or older). The Board investigates housing discrimination through the Virginia Fair Housing Office, and oversees an education-based certification program for housing providers. Learn more. Meeting Frequency: Estimated at 6 times per year*
Purpose: The Secure and Resilient Commonwealth Panel is established as an advisory board in the executive branch of state government. The Panel shall have as its primary focus emergency management and homeland security within the Commonwealth to ensure that prevention, protection, mitigation, response, and recovery programs, initiatives, and activities, both at the state and local levels, are fully integrated, suitable, and effective in addressing risks from man-made and natural disasters. Learn more. Meeting Frequency: At least biennially*
Purpose: The nine-member Board for Professional and Occupational Regulation is responsible for: monitoring the policies and activities of the Department; evaluating the need for regulation, if any, of unregulated professions or occupations; advising the Governor and Department Director on matters relating to professional regulation; recommending regulatory frameworks to the General Assembly, when professional regulation is necessary to protect the public interest; and providing citizen access to the Department and promoting education of the public about professional regulation. Learn more. Meeting Frequency: Estimated at 4 times per year*
*This is an estimate of meeting frequency. The Board may have a need to meet more frequently depending on the amount of business that needs to be addressed
AIA Virginia publicly endorsed and supported a letter written by Preservation Virginia to Governor Ralph Northam that offers the perspective of using the Historic Rehabilitation Tax Credit (HRTC) as a vehicle for economic recovery. With some state officials projecting a $2 billion dollar budget deficit over the upcoming biennial, difficult spending decisions will have to be made regarding the recent budget. The letter notes that the spending generated by construction and related activities generates $4.20 to $5.30 of economic impact for every $1.00 of tax credit. In addition, it indicates that the HRTC program resulted in $467 million in economic output, supported by nearly 10,000 jobs for every $1 invested through the first three years.
It’s time for some good news and our work in advocacy provides just that!
I’m pleased to present that the Governor signed our two major bills that passed the General Assembly.
The first is Senate Bill 658 (SB 658), which makes the “duty to defend” language in indemnification clauses against public policy. This requirement is often not insurable. The legislation was carried by Sen. Scott Surovell (D – Mount Vernon).
The second is House Bill 1300 (HB 1300) and its companion Senate Bill 607 (SB 607)both provide for a 15-year statute of limitation 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. Prior to now, a design professional was liable for his/her work for eternity on these projects.
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.
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 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 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.
Thank you, Madame Speaker, I rise for an introduction. Today joining us in the gallery are representatives from the American Council for Engineering Companies of Virginia and the American Institute of Architects Virginia Chapter. If they would please stand…
These organizations are present today to represent the important work that architects and engineers do for the Commonwealth, whether it is the design of buildings, parks, roadways, public utilities, electrical grids or renewable energy sources, or the next generation of the Commonwealth’s infrastructure. Architects and engineers have a direct and vital impact on the quality of life for all Virginians through designing equitable, resilient, and healthy communities. They take an oath and must be dedicated to protecting the public health, safety, and welfare in performing their professional services.
Today, as Virginia responds to a changing climate, both architects and engineers are working together to respond to these effects by designing sustainable and resilient structures that reduce their impact upon the natural and built environment, and protect the life and property of all Virginians.
Madam President I ask that members of the body please stand and give them a warm House welcome.
Pictured in photo Bottom row, left: Lynden Garland, AIA; Kathy Galvin, AIA; Corey Clayborne, FAIA; Rob Comet, AIA; Chris Stone, PE Top row, left: John Stuart, PE; Eric Burke, PE; Nancy Israel; Paul Anderson, PE
