Legislative Summary 2011

The General Assembly session ended in 2011 with no surprises for the architecture profession.

The primary active issue for the Virginia Society AIA was attempting to stem unlicensed practice.  Further tightening was accomplished through the successful introduction of House Bill 1974 by freshman legislator Roxanne Robinson (R-Richmond).

This law, which goes into effect July 1, requires individuals seeking a local business license as an architect provide proof of state licensure.

The VSAIA’s primary reactive success was to defeat House Bill 2097, which would have required errors-and-omission insurance for all architects regardless of whether they were already insured through their firm or employed by corporations or government and not practicing in the traditional sense.

Another action by the 2011 General Assembly (House Bill 2520) relaxed the design-build and construction management processes for localities.  The Design-Build/Construction Management Review Board, among others, was eliminated in an attempt to streamline government.  A locality will still need to have experienced professionals on staff or under contract to represent it during the process, but won’t be required to submit information to a board or to the state.

The ruling procedures will be those used by the state in its design-build or construction management projects.  These can be found in the Construction and Professional Services Manual published by the state’s Bureau of Capital Outlay Management.

The concept for the D-B/CM Review Board was developed and promoted by the VSAIA, the two statewide engineering societies and the Associated General Contractors of Virginia.  The concept was adopted almost intact by the 1996 General Assembly.  While there never was much activity with the D-B/CM Board, it became irrelevant with the advent of the Public-Private Education Act of 2002, according to Jim Lowe PE, Esq., and Paul Proto, two original appointees to the board.

Lowe, counsel to HSMM (now AECOM) in Roanoke, drafted the board’s regulations.  Proto, general services director for Henrico County, was the board’s first chairman.

Many other bills were reviewed, monitored or adjusted during the assembly by the Joint Legislative Committee which comprises the VSAIA, the American Consulting Engineers Council and the Virginia Society of Professional Engineers.  Reggie Jones and Travis Hill of Williams Mullen again provided legislative counsel.

Individual measures may be viewed on the state’s Legislative Information System website: http://legis.state.va.us/.  Other bills reviewed, monitored or adjusted during 2011 can be found on the Society’s website here.

Summary of 2011 Legislation Monitored for VSAIA

Chief patron: Kory

Summary as introduced:
Income tax; renewable energy property and energy audit tax credits. Grants an income tax credit for taxable years beginning on or after January 1, 2012, to individuals for renewable energy property and residential energy audits as follows: Solar panels tax credit – $1.25/watt for first 2,000 watts; $0.75/watt for 2,001‐8,000 watts; $0.25/watt for 8,001‐20,000 watts; not to exceed $10,500. Solar hot water tax credit – up to $2,000. Geothermal heat pumps – 10 percent of installed cost up to $3,000 tax credit. Residential energy audits – 50 percent of cost up to $250 tax credit; one per five-year period. The bill also grants an income tax credit for taxable years beginning on or after January 1, 2012, to commercial business taxpayers for renewable energy property and energy audits as follows: Solar panels tax credit – $1.25/watt for first 2,000 watts; $0.75/watt for 2,001‐8,000 watts; $0.25/watt for 8,001‐20,000 watts; not to exceed $2.5 million. Solar hot water tax credit – 25 percent of installed cost up to $10,000. Geothermal heat pumps tax credit – 10 percent of installed cost up to $10,000. Commercial building energy audit – 50 percent of cost up to $500 tax credit; one per five-year period.

Failed – Left in House Finance Committee

Chief patron: Iaquinto

Summary as passed House:
Virginia Public Procurement Act; procurement of professional services by local public bodies. Increases the threshold from $30,000 to $50,000 for local public bodies procuring professional services in the aggregate or for the sum of all phases of such a contract or project. The bill provides that where such contracts are not expected to exceed $50,000, the public body may establish written small purchase procedures that provide for competition wherever practicable.

Passed – Signed by Governor (effective 7/7/11)

Chief patron: BaCote

Summary as Introduced:
Restrictive covenants regarding solar energy collection devices.  Invalidates any new or existing restrictive covenant adopted by a community association that prohibits or restricts an owner from installing or using any solar energy collection device on the owner’s property. Community associations may establish reasonable restrictions as to the size, place, and manner regarding the placement of such devices on private property and community areas.

Failed – Left in House Counties, Cities and Towns

Chief patron: Carrico

Summary as passed House:
Board for Professional Soil Scientists and Wetland Professionals; licensed professional soil scientists. Requires professional soil scientists to be licensed by the Board for Professional Soil Scientists and Wetland Professionals effective July 1, 2013. Currently, professional soil scientists are subject to voluntary certification. The bill sets out the requirements for licensure and continuing education and grandfathers soil scientists under certain conditions. The bill contains technical amendments and is identical to SB 1265.

Passed – Enacted – Effective immediately upon being signed by the Governor

Chief patron: Bulova

Summary as passed House:
Regulation of stormwater management systems. Clarifies statutory language and makes technical changes regarding a locality’s authority to regulate stormwater management systems.

Passesd – Approved by Governor (effective 7/1/11)

Chief patron: Robinson

Summary as passed House:
Department of Professional and Occupational Regulation; architects and engineers; prerequisites for obtaining business license. Requires any architect or professional engineer applying for or renewing a business license in any locality to furnish prior to the issuance or renewal of the business license either (i) satisfactory proof that he is duly licensed or (ii) a written statement, supported by an affidavit, that he is not subject to licensure as an architect or engineer. The bill also prohibits any locality from issuing or renewing a business license unless the architect or professional engineer has furnished his license number or evidence of being exempt from licensure.

Passed – Approved by Governor (effective 7/1/11)

Chief patron: Cox, J.A.

Summary as introduced:
Procurement by public bodies; use of certain contracting processes. Limits the use of the construction management at-risk method for building construction to projects with a total value of $25 million or more. The bill also amends the definition of “qualifying project” in the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) to require that the project be totally supported by private funds.

Failed – Passed by in House General Laws Committee with a letter

Chief patron: Ingram

Summary as introduced:
Stormwater utility fees; exemptions. Provides for an exemption from stormwater utility fees for certain religious and nonprofit uses.

Failed – Passed by in House Counties, Cities, and Towns Committee

Chief patron: Jones

Summary as introduced:
Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; required insurance for certain licensees. Provides that the Board shall, by regulation, require each architect or professional engineer to maintain an errors and omissions policy that is acceptable to the Board and to provide a certification or attestation that such policy is in effect as a prerequisite to license issuance or renewal.

Failed in House General Laws Committee

Chief patron: Morgan

Summary as introduced:

Green Public Buildings Act. Requires public bodies entering the design phase for construction of a new building greater than 5,000 gross square feet in size or renovating such a building where the cost of renovation exceeds 50 percent of the value of the building to build to either U.S. Green Building Council Leadership in Energy and Environmental Design green building rating standard (LEED) Silver or Green Globes two globe standards. Exemptions from the requirement may be granted by the Director of the Department of General Services for state construction projects or the governing body of a locality or school board for local projects. The bill has a delayed implementation date of July 1, 2012, for local public bodies and school boards.

Failed — Left in House General Laws Committee

Chief patron: Surovell

Summary as introduced:
Political contributions; prohibitions during procurement process. Includes the mayor or chief executive officer of a locality, school superintendent, and any member of a local governing body, planning commission or school board in the current prohibition against knowingly soliciting or accepting a contribution, gift, or other item with a value greater than $50 from any bidder, offeror, or private entity who has submitted a bid or proposal pursuant to the Virginia Public Procurement Act, the Public-Private Transportation Act, or the Public-Private Education Facilities and Infrastructure Act during the bidding period. The restrictions only apply if the stated or expected value of the contract is $5 million or more and do not apply to contracts awarded as the result of competitive sealed bidding. Furthermore, no bidder, offeror, or private entity who has submitted a bid or proposal under such acts shall offer or promise to make such a gift to the mayor or chief executive officer of a locality, school superintendent, or any member of a local governing body, planning commission or school board. Any violation shall be subject to a civil penalty of $500 or up to two times the amount of the contribution or gift, whichever is greater.

Failed – Left in House Privileges and Elections Committee

Chief patron: Cosgrove

Summary as introduced:
Renewable energy incentives. Creates incentives for the development of renewable energy facilities in the Commonwealth. The incentives include (i) clarifying the definition of renewable energy to include wood waste materials; (ii) establishing a preference in energy procurement for state facilities for the use of renewable energy; (iii) directing the establishment of goals for the increased use by state agencies of renewable energy that will seek to have 20 percent of the energy consumed at state facilities to be renewable energy by 2025; (iv) allowing the Department of General Services to contract for renewable energy on a negotiated basis without using a competitive procurement process; (v) establishing a program to be administered by the Virginia Resources Authority under which 70 percent of the amount of loans for the capital cost of a qualifying facility may be guaranteed; and (vi) expanding the existing permit-by-rule program for small renewable energy facilities to include all renewable energy facilities, regardless of size.

Failed – Left in House Commerce and Labor Committee

Chief patron: Hugo

Summary as introduced:
Onsite sewage systems. Provides that the owner of an alternative onsite sewage system installed prior to January 1, 2010, with flows of less than 1,000 gallons per day serving an individual single-family dwelling occupied by such owner shall be exempt from the requirements for the operation and maintenance of the alternative onsite sewage system serving his own residence.

Failed – Engrossment refused by House

Chief patron: Peace

Summary as passed:
Advisory boards, councils, etc; elimination. Eliminates certain advisory boards, councils, and other advisory collegial bodies. The bill contains numerous technical amendments. This bill is identical to SB 1471.  Eliminated the Design-Build/Construction Management Advisory Board.

Passed – Approved by the Governor (effective 7/1/11)

Chief patron: Nutter

Summary as introduced:
Department of Education; public schools; development of engineering curriculum; report. Requests the Department of Education to establish mutually shared goals for the instruction of a K-12 engineering education and assign joint responsibility to the existing science, mathematics, and technology education disciplines.

Failed – Left in House Rules Committee

Chief patron: Petersen

Summary as passed Senate: (all summaries)

Green Public Buildings Act. Requires executive branch agencies and institutions entering the design phase for construction of a new building greater than 5,000 gross square feet in size, or renovating such a building where the cost of renovation exceeds 50 percent of the value of the building, conform to Virginia Energy Conservation and Environmental Standards developed by the Department of General Services considering the U.S. Green Building Council (LEED) green building rating standard, the Green Building Initiative “Green Globes” building standard, and other appropriate requirements. Exemptions from the requirement may be granted by the Director of the Department of General Services upon a finding of special circumstances that make construction or renovation to the standards impracticable.

Failed — Left in House General Laws Committee

Chief patron: Wagner

Summary as passed: (all summaries)
Commonwealth Energy Policy; local renewable energy facility siting ordinances.  Requires that a local ordinance addressing the siting of renewable energy facilities be consistent with provisions of the Commonwealth Energy Policy, provide reasonable criteria to be addressed in the siting of any such facility that generates electricity from wind and solar resources, and include provisions establishing reasonable requirements on the siting of any such facility. Measures required by the ordinance are required to be consistent with the locality’s existing ordinances.

Passed – Approved by Governor-Chapter 750 (effective 7/1/11) .

Chief patron: Barker

Summary as passed:
Public Procurement Act; verification of legal presence. Provides that any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the federal E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. This bill incorporates SB 1288. This bill is identical to HB 1859.

Passed – Approved by Governor-Chapter 583 (effective 12/1/13).

Chief patron: McDougle

Summary as passed Senate:
Dam safety; regulation of impoundment structures. Allows the Director of the Department of Conservation and Recreation to provide financial assistance for the determination of the hazard classification for impounding structures, dam break analysis, the mapping and digitization of dam break inundation zones, incremental damage analysis, and other engineering requirements such as emergency action plan development. Dam owners whose impounding structure is not classified, or whose impounding structure is already classified but the owner believes that conditions indicate that the hazard potential classification should be reduced, may request that the Department conduct a simplified dam break inundation zone analysis to determine whether the impounding structure has a low hazard potential classification. Dam owners shall pay a fee not to exceed 50 percent of the costs for such services. If the Department finds that the impounding structure has a low hazard potential classification, the owner shall be eligible for coverage under a general permit.

Passed – Approved by Governor (effective 7/1/11)

Chief patron: Vogel

Summary as passed:
Board for Professional Soil Scientists and Wetland Professionals; licensed professional soil scientists. Requires professional soil scientists to be licensed by the Board for Professional Soil Scientists and Wetland Professionals effective July 1, 2013. Currently, professional soil scientists are subject to voluntary certification. The bill sets out the requirements for licensure and continuing education and grandfathers soil scientists under certain conditions. The bill contains technical amendments. This bill is identical to HB 1734.

Passed – Enacted effective immediately upon being signed by the Governor.

Chief patron: McWaters

Summary as introduced:
Public Procurement Act; verification of legal presence. Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Contractors and subcontractors are required to verify the employment status of their employees and independent contractors, and are prohibited from employing or contracting with an individual who is not determined to be legally eligible for employment in the United States as determined through the verification of the individual’s status. Contractors who do not register and participate in the registration program are ineligible for prequalification.

Failed – Incorporated by Senate Courts of Justice Committee into SB1049 – Senator Barker

Chief patron: Vogel

Summary as introduced:
Definition of impounding structure. Exempts dams that are  operated primarily for agricultural preservation and conservation purposes and that (i) are less than 30 feet in height or (ii) create a maximum impoundment capacity smaller than 100 acre-feet from the definition of impounding structure. Currently, the exemption applies to dams operated primarily for agricultural purposes that are less than 25 feet in height and that create a maximum impoundment capacity smaller than 100 acre-feet. The bill also contains technical amendments.

Failed – Incorporated by Agriculture, Conservation and Natural Resources Committee into SB1060 – Senator McDougle.  Returned in amended budget language offered by Governor in reconvened session.  Amendment was passed by for the day in the House; therefore the amendment failed.