179D and R&D Tax Credits

The One Big Beautiful Bill Act of 2025 established a June 30, 2026, beginning-of-construction deadline for eligibility under Section 179D. This deadline was not the result of identified policy deficiencies, program misuse, or effectiveness concerns. Section 179D has operated as intended and continues to reflect long-standing bipartisan support for incentivizing energy-efficient building design. Despite that successful impact, the program is now in danger and the proposed sunset is nigh. If you stand to be negatively impacted by this you should inform your congressional representatives in DC of your concerns and ask that they “Retain Sec. 179D in the tax code beyond its June 30th beginning of construction deadline, support American energy dominance incentives, and enable America to accelerate to the forefront of technological development.” To contact the Virginia Congressional delegation (U.S. House and Senate), use the “Find Your Representative” tool at House.gov or Congress.gov and enter your zip code. Those of you with offices in multiple states should encourage your colleagues to solicit support from their congressional delegation. Additional information can be found in the issue brief prepared by AIA.

While our advocacy efforts at the federal level have borne fruit – firms can once again recognize R&D expenses all at once on their federal tax return – Virginia is looking to deconform several sections of the state tax code and that will impact claims for R&D expenses. This means that R&D expenses will need to be amortized over a five-year period in state tax returns. To be clear, the deductibility of R&D expenses is NOT in jeopardy; firms will still be able to claim R&D expenses in state returns and claim the entirety of their value. But those expenses will need to be amortized over a five-year period (rather than claimed all at once, as is now again allowable on the FED return).

This change results from the majority party’s attempt to further their policy priorities (affordable housing, expanded benefits) and mitigate the negative impact of federal policies (federal worker layoffs, costs associated with Medicaid) while avoiding tax increases. Requiring the expenses to be amortized is seen as a delay/deferment that maximizes cash flow without denying/disallowing the credits.

If you sense large forces at play, you are correct. Concerns have been voiced, but expectations should be sober. If you are impacted by these changes, you would do well to advocate for the 179D at the federal level and prepare to amortize the R&D at the state level.

AIA Leadership Summit and Hill Day 2026

Sincere gratitude to those who attended the AIA Leadership Summit in Washington, D.C. this February. We commend you for having invested in your leadership skills and appreciate the leadership that you invest in your component and our organization.

Some of our local components were feted during the Summit. AIA Richmond was congratulated on its 50-year anniversary. Jeff Nelson, Assoc AIA, who serves as a Director on the AIA Richmond Board received the tribute on behalf of the component. At the same event, AIA Coastal Virginia President Joe Bovee, AIA accepted early recognition for their 50-year anniversary. 2026 marks the anniversary of AIA’s approval to form the chapter. As they were then incorporated in 1978, they plan to celebrate locally in 2028.

Several of us also took the opportunity to participate in Hill Day at the nation’s capital. We met with members of our congressional delegation and advocated for Design Freedom and accountability for federal architecture, the appropriate and beneficial classification of professional degree programs, the continuation of the 179D (much more in a companion article), and safe, affordable, and resilient housing. Special appreciation to those who engaged in the effort and exemplified the role of citizen architect.

2026 Hill Day at the Virginia General Assembly

AIA Virginia members gathered at the Virginia General Assembly in Richmond for a Hill Day on February 3, 2026.

Andrew Moore, AIA and Jen Bailey, AIA shared their experience designing the Virginia General Assembly Building, which recently received an AIA Virginia Design Award.

Attendees had the opportunity to see the legislative process in action – observing proceedings in the House Chamber and attending committee and subcommittee meetings. 

The day also included a shout out from the House Floor. Delegate Betsy Carr offered the following remarks:

I’d like to recognize a special group joining us in the gallery today and ask them to stand. They are our fellow Virginians from the American Institute of Architects.

These talented professionals don’t just design the buildings that contribute to our communities – they advocate for smart, sustainable, and resilient design that shapes Virginia’s future.

From our schools and hospitals to our homes and historic districts, architects help us balance innovation with preservation, progress with character. They understand that good design isn’t just about aesthetics – it’s about functionality, safety, accessibility, and sustainability.

Many AIA Virginia members go beyond their professional practice to serve Virginia through gubernatorial appointments. Architects serve on critical boards and commissions including the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects – APELSCIDLA. They serve on the Art and Architectural Review Board, advising on the design of Commonwealth buildings. And they contribute to bodies like the Fair Housing Board, the State Building Code Technical Review Board, the Secure and Resilient Commonwealth Panel, and the Virginia Board for People with Disabilities.

We appreciate them for being here today and for their critical work across the Commonwealth.

To which I add: “Here! Here!”

AIA Virginia Hill Day

Join us on February 3, 2026, at the Virginia General Assembly.

Soon after the 2026 Virginia General Assembly gavels into session, we will hold a Virginia Hill Day.

Members and their guests are invited to convene at the Virginia General Assembly to observe and perhaps even participate in the legislative advocacy process. The itinerary will include touring the State Capitol and the General Assembly Building (which recently won a state design award), meeting with elected officials and lobbyists, observing proceedings during the House/Senate Floor Session(s), and witnessing/participating in (Sub)Committee Meetings – since this will be a Tuesday, these will most likely be on the House side. This is your chance to see the legislative wheels in motion – and see how Patrick Cushing (our contract lobbyist) and Paul Battaglia (your EVP) spend most of their time during January and February.

This free event offers 6.5 LUs.

Proposed Agenda for the Day>>

REGISTER>>

Service through Gubernatorial Appointment

Many AIA Virginia members serve Virginia through gubernatorial appointments. Architects serve on critical boards and commissions such as our regulatory board: the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects – APELSCIDLA. They also serve on the Art and Architectural Review Board, advising on the design of Commonwealth buildings. And they contribute to bodies like the Fair Housing Board, the State Building Code Technical Review Board, the Secure and Resilient Commonwealth Panel, and the Virginia Board for People with Disabilities.

You are encouraged to contact AIA Virginia EVP Paul Battaglia if you are interested in serving.

The process to be considered for (re)appointment includes:

  1. Researching openings/positions
    Consider current boards/commissions and available seats to find ones that match your interests and qualifications. Many positions have specific eligibility requirements. https://www.commonwealth.virginia.gov/va-government/boards-and-commissions/comprehensive-board-listing/
  2. Completing the online application or nomination form
    Use the Virginia Governor/Secretary of the Commonwealth appointment system to submit your application. https://www.commonwealth.virginia.gov/va-government/boards-and-commissions/vaid
  3. Notifying AIA Virginia
    Let us know that you have applied. We can then contact the Secretary of the Commonwealth in support of your application.

Appointees serve at the pleasure of the Governor. It therefore follows that the pool of applicants is purged at the end of each administration. This means that individuals who want to be considered for appointment, or reappointment, need to renew their application soon after – but not before – inauguration. Abigail Spanberger is set to be sworn in as the 75th and first female governor of Virginia at noon on Saturday, January 17, 2026.

AIAVA 2026 Hill Day is Coming Quickly

We will hold a Hill Day at the Virginia General Assembly on Tuesday, February 3, 2026.

Members and their guests are invited to convene at the Virginia General Assembly to observe and perhaps even participate in the legislative advocacy process. The itinerary will include touring the State Capitol and the General Assembly Building (which recently won a state design award), meeting with elected officials and lobbyists, observing proceedings during the House/Senate Floor Session(s), and witnessing/participating in (Sub)Committee Meetings – since this will be a Tuesday, these will most likely be on the House side. This is your chance to see the legislative wheels in motion – and see how Patrick Cushing (our contract lobbyist) and Paul Battaglia (your EVP) spend most of their time during January and February.

This free event offers 6.5 LUs.

You can see the itinerary and register here>> https://www.aiava.org/hill-day-2026/

Gearing up for the Virginia General Assembly

The pitch is being readied. The legislative players have been duly elected – and will in fact continue to be, owing to the knock-on effects of special elections.

There are many new faces in the General Assembly – a timely reminder that the important work of our Political Action Committee is never complete. Your contribution allows that work to continue and is greatly appreciated. Donate to the PAC>>

For our part – we are gearing up to monitor the proceedings and advocate for our interests.

The AIAVA delegation to the Joint Legislative Committee (“joint” because we collaborate with ACEC-VA; our brothers and sisters in engineering) includes Rebecca Aarons-Sydnor, Assoc AIA, Ed Gillikin, AIA, C.J. LaMora, AIA, Caitlin Morgan, Assoc AIA, Stephen Weisensale, AIA, and Paul R Battaglia, AIA. Patrick Cushing continues to provide effective support and sagacious counsel as our Contract Lobbyist. We will be reviewing the bills and determining whether and how we will support, oppose, or continue to monitor those proposed pieces of legislation.

Let the games begin!

Throughout the session, we will provide Legislative Updates on the progress of the bills, typically on Friday afternoons. The first update is scheduled for later this week – so keep an eye out for that. And please contact us if you have any questions or you think you might have something helpful to add to the discussions or the bills. Submitting to our Subject Matter Expertise Portal helps us readily identify those who might be able to assist.

2025 PAC Award

The AIA Virginia PAC is one of the sharpest tools in our advocacy toolkit. The AIA Virginia PAC Award celebrates the engagement and commitment of a local AIA component that supports the advancement and mission of the PAC. The winning component goes home with $1,000 cash for Architecture Week/Month and the award trophy will be presented at Architecture Exchange East in November.

And the winner for 2025 is … AIA Coastal Virginia. Congratulations!!!

Final Results:
90 points AIA Coastal Virginia
60 points AIA Central Virginia
20 points AIA Blue Ridge
20 points AIA Richmond
0 points AIA Northern Virginia

Points are accrued in three areas: local component Board participation, the percentage of local component’s membership who have invested in the PAC, and the total amount of money invested by the members of the local component.

Make your investment today at www.aiavapac.org

Advocacy in Action

How AIA Virginia Addresses Procurement Violations through Violation Letters

AIA Virginia plays a critical role in advocating for fair and lawful procurement practices across the Commonwealth. Among its most effective tools for addressing questionable or illegal language in Requests for Proposals (RFPs) is the procurement violation letter – a discreet yet impactful mechanism for safeguarding the rights of architectural professionals.

The Problem: Procurement Violations in RFPs

AIA Virginia is routinely alerted by vigilant members (thank you!) to RFPs that appear to violate the Virginia Public Procurement Act (VPPA). These violations often involve:

  • Fee-based selection criteria for professional services – as opposed to Qualifications-Based Selection (QBS)
  • Indemnification or duty-to-defend clauses that place undue legal and financial burden on design professionals

Such language directly conflicts with Virginia law, which explicitly prohibits procurement of architectural and engineering services based on fee and renders indemnification/duty-to-defend requirements illegal and unenforceable.

Most violations stem from a misunderstanding of Qualifications-Based Selection (QBS). QBS mandates that professional services (like architecture) must not be procured based on fee. When fee becomes a factor, or when RFPs contain clauses requiring architects to indemnify or defend the client, AIA Virginia steps in.

Our Approach: Discreet, Effective Advocacy

When alerted to a problematic RFP, AIA Virginia prepares a procurement violation letter – sent without attribution to the reporting member. These letters are direct, legally grounded, and educational in tone. Their purpose is twofold:

  1. To inform the issuing body that certain clauses in their RFP likely violate Virginia law
  2. To encourage swift amendment or reissuance of the RFP in compliance with the VPPA

Results: Compliance

In many cases, a violation letter is enough to trigger a quick correction. This most often takes the form of a revised RFP or an addendum. However, compliance is not always immediate, especially when it involves duty-to-defend clauses, which are more contentious and less understood by some procurement officers.

From Advocacy to Law: Legislative Wins

Our advocacy doesn’t stop with letters. The power of AIA Virginia’s advocacy is evidenced by real change, including the successful passage of legislation strengthening the enforcement of QBS principles and eliminating indemnification requirements in professional service contracts.

Thanks to these efforts:

  • Indemnification and duty-to-defend clauses are not only improper, but they are in fact illegal and unenforceable under Virginia law.
  • Firms encountering such terms in RFPs or contracts can stand firm, knowing the law is on their side.

Guidance to Firms: What You Can Do

If you receive or review an RFP that contains questionable language:

  • Alert AIA Virginia immediately. Your report will remain confidential.
  • If selected for award, and a contract includes illegal indemnification language, strike those clauses during negotiation.
  • Be confident: the law supports your position, and AIA Virginia stands behind you.

Final Word: Advocacy Works and It’s Ongoing

While violation letters may seem simple, they represent a powerful form of professional advocacy – one that protects firms, elevates the profession, and ensures public procurement adheres to the law. Thanks to AIA Virginia’s continued efforts, members can rest assured that their rights are being defended – one letter at a time.

Get Registered, Get Set, Vote!

Voting is one of the most powerful ways to make your voice heard and help shape the future of your community, your state, and your profession. Citizen-Architects vote. And every vote contributes to decisions that impact us all. If you’re eligible, take a few minutes to check your registration, learn about the issues, and make a plan to vote. Whether early, by mail, or on Election Day — your participation matters.

Key Dates for the 4 NOV 2025 Elections in Virginia

  • Friday, Oct. 24: Last day to register to vote (or update your registration)
  • Friday, Oct. 24: Deadline to request voting by mail
  • Saturday, Nov. 1: Early voting ends
  • Tuesday, Nov. 4: Election Day

Additional information can be found here: https://www.elections.virginia.gov/registration/