Tag: Virginia General Assembly

This week the 2025 Virginia General Assembly began in earnest, having been delayed, as many of you know all too well, by the issues with the water supply in and around Richmond. The delay impacted the filing and posting of bills, which have been slow to emerge. The Joint Legislative Committee (the JLC) has commenced with its review of those (relatively few) bills. We will issue our first Legislative Update at the end of this week, which is expected to be fairly busy.

There are a few advocacy items to share in the meantime.

First, let’s acknowledge and thank the members of the JLC. AIA Virginia’s interests are represented admirably by Rebecca Aarons-Sydnor, Assoc. AIA, Edward Gillikin, AIA, Lauren Sughrue, Assoc. AIA, Stephen Weisensale, AIA, and myself.  We are joined by members of ACEC-VA, our common ally Joseph Cooch of Lee/Shoemaker PLLC, and of course, our beloved lobbyist Patrick Cushing, Hon. AIA Virginia of Fall Line Strategies. Each year we review several hundred bills to determine if we need to take a position, and if we do, what that position should be. We may reach out if we need additional counsel or subject matter expertise. And you should please proactively offer assistance when you feel you can.

Second, I can offer the observation that the political landscape in Virginia is fairly settled. Save a few special elections, the composition and the hierarchy of the General Assembly has not changed in the last year. The players are familiar and, with special thanks to our PAC, we have invested some quality time between sessions cultivating our relationships with legislators, the administration, and other stakeholders.

Third, we are running bills this year which directs DPOR to develop a program that will allow an applicant for architectural licensure to meet the educational requirement through professional experience under the direct supervision of a licensed architect. Importantly, the existing conventional pathway to initial architectural registration (which allows an applicant to meet the educational requirement through a NAAB-accredited architectural degree), and the process for those seeking comity/reciprocity will remain unchanged. And all candidates will still be required to complete the AXP and pass the ARE, ensuring that only qualified applicants are licensed and that the paramount interests in health, safety, and welfare remain protected. But providing the additional lane to meet the education requirement will provide several benefits:

• Candidates will be offered an alternative to the costs and limitations of higher education
• Candidates will hold paid positions (rather than incurring the expense/debt of higher education)
• Contributions to the workforce and economic growth will be expedited
• Additional modes of acquiring expertise and knowledge will be accommodated

The bill further provides for a retroactive enactment period during which candidates (particularly those who might have benefitted from such a program, had it existed) can submit the experiences they accrued in past years for consideration.

All of this is ordered towards not only increasing the number of qualified architects but also increasing the diversity of those architects, by affording an additional pathway to those who may be denied, discouraged, or otherwise inhibited by the difficulties they encounter along the course currently required.

It should be noted that no less than 17 of the 55 U.S. jurisdictions allow multiple pathways to become an architect, typically by substituting additional experience in lieu of a professional degree. As some of you may remember, Virginia allowed that for decades until decades ago – and may yet again when our efforts are successful.

On the federal level, we are beginning to prepare for AIA Leadership Summit and our annual Hill Day (Wed 26 Feb 2025). While we await topics and talking points from AIA (National), I will remind that we are always anxious to incorporate items that emerge from our members – the architects and firms right here in Virginia. (To wit, repealing the required amortization of tax credits.)

In the interest of ensuring that we are aware and attentive to the issues that concern you – at either the state or the federal level – I ask that you please contact me to express those interests.

And while we’re reviewing standing invitations, please know that you are very welcome to meet me for a day at the Virginia General Assembly. I am there representing our interests most days; usually until sometime after crossover (which is expected Tues 4 Feb 2025). It would be my honor to show you around. We could take in some (sub)committee meetings, perhaps offer testimony or voice opposition or support, perch in the galleries to survey the majesty of it all, and confer with legislators and/or other stakeholders/lobbyists. Just drop me a line, and we can get that coordinated.

Paul Battaglia, AIA
pbattaglia@aiava.org

Some rapid-fire updates on advocacy efforts…

An Advocacy Summit was held on Thursday, March 14. We spent the time reviewing our activities and discussing how we can more effectively pursue our interests at both the State and Federal levels. Thanks to all who participated. The fruit of those discussions will begin to emerge shortly.

Some of those opportunities to engage, along with an update on the results of the General Assembly session, will be highlighted during an Advocacy Town Hall Meeting via Zoom from 3-4 p.m. on Wednesday, April 24. 1 LU (pending) Register here>> https://www.aiava.org/event/advocacy-town-hall/

The Joint Legislative Committee (the JLC; composed of members from AIA Virginia and ACEC Virginia) did a great job marshaling the bills. We’ll review the outcome more fully during the Advocacy Town Hall. But here are some bills that we supported, have passed, and are due to become law on July 1, 2024:

• Historic Rehabilitation Tax Credits (HB 960, SB 556): increases the maximum credit per year from $5M to $7.5M (without establishing an annual cap on the overall program)
• Single Stair Study (HB 368, SB 195): directs DHCD to convene an advisory group to study the possibility of allowing Group R-2 occupancies to be served by a single exit in buildings not more than six stories above the grade plane
• APELSCIDLA Quorum (HB 350): lowers the quorum requirement of the Board so that the progress of the Board is impeded less frequently

No advocacy update would be complete without a request to support the AIA Virginia PAC. Contributions can be made here www.aiavapac.org  

It ain’t over ‘til it’s over. And we still have eggs, rather than chickens – with one exception. But the soprano is beginning to hum her scales.

The Virginia General Assembly adjourned sine die on 9 March 2024.  Gratitude is due to the members of the JLC; Rebecca Aarons-Sydnor, Assoc AIA, Ed Gillikin, AIA, Lauren Sughrue, Assoc AIA, and Stephen Weisensale, AIA, the delegation from ACEC Virginia, and our faithful partner and counsel Patrick Cushing, Esq. Additional gratitude to those who asked questions and shared your expertise and perspective along the way.

The bills that have passed are now being considered by the Governor; who may either sign them into law, amend them, or veto them. While the Governor issued a statement to say “[t]hank you to all 140 legislators that made the huge commitment, sacrificing time away from their families, their careers and their livelihoods, to serve the Commonwealth and all Virginians,” he added “[t]he General Assembly sent me more than a thousand bills plus backward budgets that need a lot of work. We’re going to have a busy 30 days going into the reconvene session.” That reconvene session would run 17 to 24 April. So we shall see.

Some notes on a few of the bills we were tracking more closely…

We (lightly) opposed SB409. This bill sought to allow a locality to adopt more stringent energy efficiency and climate requirements. And these are generally good things. But it sought to do so through a legislative rather than a more appropriate regulatory process, and, as a “stretch code,” it ran contrary to the uniformity of the Uniform Statewide Building Code. The bill failed in committee before crossover.

We supported several bills that preserve and promote the historic integrity of the built environment.  HB1415 allowed for the adoption of a civil penalty for the razing, demolition, or moving of a building or structure that is located in a historic district or that has been designated by a governing body as a historic structure or landmark. HB1395 provided that the filing of a historic designation application shall keep a locality from issuing any permit to raze or demolish a proposed historic landmark, building, or structure.  HB960 and SB556 proposed an increase to the Historic Rehabilitation Tax Credit (HRTC). After some minor drama, the amended versions of the bills increase the HRTC from $5M to $7.5M without adding a cap to the overall program. These bills have all passed and await action by the Governor.

You may recall the workgroup that was conducted over the summer to contemplate recommendations to procurement law concerning the CMAR delivery method.  In response to those recommendations, a number of bills were filed.  HB1108 and SB18 contained the least undesirable of those proposals. We supported those bills early in the session and then monitored developments as the coalition strained and became more fragile. Ultimately, the coalition held and those bills passed. They await action by the Governor.

HB368 and SB195 directs the Board of Housing and Community Development to convene a stakeholder advisory group, including firefighting professionals, to evaluate and recommend revisions to the Uniform Statewide Building Code to permit Group R-2 occupancies to be served by a single exit, provided that the building has not more than six stories above grade plane. We supported these bills and have lobbied to have an architect included in the advisory group. These bills have passed and await action by the Governor.

We also supported two bills that proposed changes to our regulatory boards; DPOR and APESLCIDLA.  HB350 reduced the quorum required to continue to conduct the progress of the board; an unfortunate but recurring issue. This bill passed and awaits the Governor’s signature. HB120 permits a distinction amongst the actions of the board such that certain suspensions, such as bouncing a check when renewing a license, are not bluntly reported as a disciplinary action – which could be construed as a more serious and substantial violation. That bill has been signed by the Governor and is now law; effective 1 July 2024.

Our role in defeating the NOIRA that sought to reduce regulations in the Building Code by twenty-five percent can also be numbered among our achievements.

We were afforded a particular opportunity when we were asked to participate in a meeting of the NOVA caucus. We were included in a panel to discuss affordable housing. I am grateful to the members who provided their expertise and experience so graciously – and on short notice – and learned me up so I could give voice to our positions and perspectives.

All in all – a good outing [so far]. Thanks to all who contributed; both directly and indirectly. Make your donation today at www.aiavapac.org

The gears of government are turning and our advocacy efforts are making a difference.

At the federal level, you likely heard that HR7024 passed. That omnibus tax bill addresses many issues, including the current requirement that Research & Development (R&D) expenditures be amortized over five years. The proposed legislation allows taxpayers to take the full credit for R&D expenses in the year they are incurred, retroactive to 2022 and through 2025. Many thanks to the firms and members that answered the call to engage and asked your Representative to support the legislation. One hurdle crossed. On to the Senate; where the Resolution is likely to need help. Stay vigilant.

Here in Virginia…

You might have heard about the effort to reopen the 2021 Virginia Uniform Statewide Building Code pursuant to the recent Notice of Intended Regulatory Action (NOIRA) for the purpose of complying with Executive Orders One and 19 (2022). Executive Directive Number One (2022), directs Executive Branch entities under the authority of the Governor “…to initiate regulatory processes to reduce by at least 25 percent the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth”.  Executive Order 19 (2022) requires every regulatory agency “to review all existing regulations…to reduce the overall regulatory burden on the public.” AIA Virginia was one of 33 signatories to a letter voicing opposition to the proposal to apply these requirements to the Building Code. During its meeting on Wednesday 31 January 2024, the Board of Housing and Community Development voted against reopening the 2021 code cycle; the vote was 10-3. Our comments, both written and oral, were recognized by the Board during the Codes and Standards meeting.  The Board’s motion, as passed, also recognized the successful past work on the 2021 code cycle and recommended that the Virginia Department of Housing and Community Development develop a plan for the 2024 code cycle with consideration for compliance with ED One (2022) and EO 19 (2022). Further action on the 2024 cycle will require discussion in a future meeting. We will be ready.

The Virginia General Assembly is well underway. Bills are working their way through, or succumbing to, the process. We have been issuing frequent reports on the bills we are tracking. Please join me in expressing gratitude to the members of the Joint Legislative Committee (the JLC) for their attention and diligence. The AIA Virginia delegation includes Rebecca Aarons-Sydnor, Assoc AIA, Ed Gillikin, AIA, Lauren Sughrue, Assoc AIA, and Stephen Weisensale, AIA; they are joined by ACEC Virginia delegates Kristina Preisner, Executive Director of ACEC, Eric Burke, Hugh Cannon, Nancy Israel, R Reaves, Glenn Rehberger, Don Rissmeyer, Chris Stone; our lobbyist Patrick Cushing, Esq, Hon AIA Virginia, and our loyal ally Joe Cooch, Esq.

No advocacy update is complete without an appeal to please support the AIA Virginia PAC – one of the sharpest instruments in our toolbox. And if you are supporting the PAC, we thank you.

While our advocacy efforts occur throughout the year, there is particular attention given to the time just before the Virginia General Assembly gavels into session.  Accordingly, the Joint Legislative Committee – the JLC, which operates in cooperation with ACEC Virginia – is getting organized and oriented.

It is impossible to generate an infallible forecast of the full range of efforts that may be required to respond to the opportunities and challenges of any single session. (That’s part of the fun.) This year, with so many new legislators (an effective turnover rate of almost 35 percent in the House of Delegates and 45 percent in the Senate), might be even more interesting than most. We’ll be ready.

Our state-level efforts will be complemented by vigilance and advocacy at the national level, including our participation in the AIA Leadership Summit in DC (27 February to 1 March), which includes an opportunity to advocate on the Big Hill.

We look forward to successfully addressing all matters of interest to the practice of architecture and the operation of a professional service business in Virginia.

You can support our efforts by:

• maintaining your vigilance (our weekly updates during the session will keep you posted)
• sharing your thoughts/concerns on the issues
• being available to consult on how proposed legislation might affect your practice/business
• serving as an SME to help the JLC better understand the issues and/or impact of a bill
• recommending improvements/refinements to bills
• investing in the AIA Virginia PAC

You might also consider serving on the Joint Legislative Committee, the Advocacy Advisory Council, or the Board of Trustees for the AIA Virginia PAC. Email PBattaglia@aiava.org if interested.

Here we go!