AIA Charlotte Legislative Initiative

American architecture stands as a testament to our unique place in the world. Our architects work at the leading edge of a $1T construction industry that promotes commerce and drives consumer confidence. Architects have always dared to reach higher and set new standards. Our next architectural achievements will be measured by how well they respond to a post-pandemic world, eradicate inequity, fuel economic recovery, eliminate carbon emissions, and nurture individual and community health.

Now is the time for urgent and decisive action on these issues. The American Institute of Architects (AIA) represents more than 95,000 architecture professionals. We step forward to address the needs of our economy, climate, and communities. We seek support for the crushing student debt of our members; support for disadvantaged businesses; and real progress to end the systemic racism that has existed for centuries and continues to grip our nation. We seek meaningful policies and commit to better buildings that will sustain a healthy country.

In a spirit of cooperation, we challenge others to join us in support for the following initiatives found here.

 
J. Richard Alsop, Jr., AIA (Chair)
richard@arcreview.org

Mission: At this time the Committee is primarily focused on the activities of the North Carolina Legislature. As the committee matures, we expect to broaden our activities to both Federal and Local Legislation as well as the Building Code Council and eventually support the AIA Political Action Committee.

The current mission includes the following:
  1. Inform AIA members of legislative activities affecting the profession of Architecture as well as those supportive of or in opposition to the goals of the AIA 2030 Challenge.
  2. Assist in developing relationships between AIA members and elected representatives.
  3. Organizing events and workshops to further member understanding of the legal process and our role as resources and advocates.
  4. Coordinate our activities with our allied professionals.
  5. Work closely with NCAIA in selecting the more significant legislative items to address.
Goals:
  1. Provide regular updates of pertinent issues related to legislative bills. Be organized such that when immediate action is called for, we have the ability to muster an appropriate response.
  2. Have one Charlotte Section AIA member serve as a liaison with each of the 39 elected members of the NC Legislature serving our area.
  3. Have each of our members make contact at least once a year with their NC Senate and House representatives.
  4. Have at least 39 members of the Charlotte section participate in legislative day activities, to ensure each member of the NC House and Senate are able to put a face to the Architects they represent.
  5. Track our progress in terms of member involvement and impact on the legislative process.

Update from Richard Alsop, Jr.
January 25, 2017

Dear AIA North Carolina Members -

January 25 is opening day for the North Carolina General Assembly with House and Senate members beginning the process of submitting and discussing bills affecting every aspect of State Government and our lives.


Many of these bills will impact the built environment, and in significant ways the building professions, including architects.


Here's a brief run down on what you can expect:

Repair & Renovation
The State of North Carolina owns and manages nearly 12,000 buildings totaling roughly 119 million square feet. These facilities most notably serve higher education, as well as health and human services and public safety. Despite the critical needs of these facilities, they are aging faster than the State has been able to care for them through maintenance, repair and renovation. This underfunding of much needed repairs and renovations has cost the State more in energy losses, collateral dysfunction and high priced emergency repairs than if funded adequately in the first place.


This "cost of doing nothing" is estimated as a waste of $1.4 billion annually due to unfunded repairs. To avoid this loss, adequate repair and renovation funding by the State should be to the tune of $630 million per year - or 3% of the building inventory replacement value. Over the last 12 years that funding has averaged around $100 million annually. In essence, the State invests only about 15% of what is needed to protect its facility assets.


The AIA and its partners in the design & construction industry will once again attempt to focus law makers on this critical need for the state in order to raise the investment in our state real estate holdings.

Challenges to PPP Law
In 2013 the AIA lead a coalition of design, construction, local government, state agencies, legal interests and development entities to craft the framework for a law defining how public private partnerships would operate with governments across North Carolina. HB 857 was a response to the coming trend in local governments to turn to the private sector in assisting them in delivering public facilities with private financing, ownership and non-traditional project delivery methods.


The legislation clearly outlined how these privately owned public facilities were to meet transparent contracting processes and maintain fair competition for design and construction companies. Unfortunately there has been recent attempt to subvert the provisions HB 857 in the public K-12 facility market, most notably with the introduction of SB 554 in 2015. That measure failed in 2016, but will see life again as a new bill in 2017.

Transportation
Funding to improve infrastructure is on the agenda and rules were established in years past for the qualification of projects. The proposed Durham-Orange light rail line however became a victim of politics over policy when after meeting all the objective criteria for approval was scuttled by legislative action. Seeing the growth along the Charlotte rail, especially with respect to the benefits to architects, AIA NC is committed to having the state honor policies it has instituted and removal of the light rail funding cap.

HB 2
The bill that gave North Carolina global media coverage and divided our State further will continue to be a priority for AIA NC, which approached the matter as an issue of bathroom parity. The State Building Code council has accepted our recommendation to discuss the physical aspects of bathroom designs as we attempt to address the inequities that exist. AIA members have been committed to standards of equality, with notable bathroom parity issues such as dismantling the Jim Crowe laws and segregation of facilities to promoting laws requiring accommodation for handicapped persons. We believe keeping the dialogue open and seeking a solution acceptable to all concerned is the role we need to play in this discussion.

Duty to Defend
AIA, with its partners in the design & construction community, will explore the idea of limiting professional liability exposure from indefinite contract clauses that increasingly owners are using for their own blanket indemnification. These clauses know as Duty to Defend are for the most part uninsurable and force design professionals to respond to third party lawsuits by others not under the control of the Architect.


Duty to Defend arguments have been seen in NC Courts for a century. Without a clear provision for a cap with respect to Architect's liability, professional insurance may be unobtainable.
Other issues include funding economic development in rural vs. urban areas of the state; regulatory and tax reform; redistricting and more budget issues relating to state construction.


So far, 48 architects have agreed to serve on one of the six AIA NC Legislative Knowledge Teams this year with the limited scope of reading the bills introduced in the Legislature impacting our profession and providing an opinion to members as to how it impacts our profession.  


We hope that our program this year will provide all members with knowledgeable insight into the measures being introduced so that you will feel confident in meeting with your own legislative representatives on April 5 when architects from across the state convene in Raleigh to meet with their legislators, or when you see them in your own home town.

If you would like to be involved in our advocacy efforts through the Chapter, please contact me at any of my numbers below. 

Richard Alsop, Jr., AIA
AIA North Carolina Advocacy Director
richard.alsop@ARCREVIEW.Org
PO Box 481000
Charlotte, NC 28269 
704-358-8400 (o)  704-517-9685 (m) 

Legislative Newsletters from our Representatives (Archive)


Representative Mark Brody, Anson and Union Counties
March Interim News

Representative C. Robert Brawley, Iredell County
March 24  |  April 2  |  April 9  |  April 17  |  April 22  |  April 28

Representative Ruth Samuleson, Mecklenburg County
April 8

Representative Harry Warren, Rowan County
April 16  |  April 28

Download

HB36       (SB25)    Zoning/Design and Aesthetic Controls. (Public)

AN ACT TO CLARIFY WHEN A COUNTY OR MUNICIPALITY MAY ENACT ZONING  ORDINANCES RELATED TO DESIGN AND AESTHETIC CONTROLS

Provisions of Interest:
Companion bills were filed in the House and Senate this week that would prohibit a county from adopting zoning and subdivision development.The prohibition would not apply to areas designated as local historic districts, areas listed on the National Registry of Historic Places or in areas designated as local, state, or national historic landmarks. It would not apply to regulations that are directly and substantially related to applicable safety codes under the North Carolina State Building Code or regulations that are required for participation in the National Flood Insurance Program. In addition, the regulations prohibited by this section cannot be applied in any zoning district, special use district, conditional use district, or conditional district unless consented to by all of the owners of all of the property to which they can be applied.

History:

2/03/2015                House Filed            DRH20011-LR-37
02/04/2015              House Passed 1st Reading
02/04/2015              House Ref To Com On Local Government

Bills Of Interest - House

HB36
02/03/2015 02/04/2015 Chamber1: Comm 1R/H  
Dollar (R36) -- An Act to Clarify When a County or Municipality May Enact Zoning Ordinances Related to Design and Aesthetic Controls.

HB89
02/12/2015 03/04/2015 Chamber1: Rep Comm HFIN  
Hamilton (D18) -- An Act to Restore Various Tax Credits and Incentives for Economic Development.

HB108
02/24/2015 04/14/2015 Chamber1: Rep Comm HAPP 04/15/2015 House Calendar
Stam (R37) -- An Act to Create a Fund to Provide Loans to Local Government Units for the Development of Sites and Buildings.

HB152
03/04/2015 03/30/2015 Chamber2: Comm SWM  
Ross, S. (R63) -- An Act to Enact a Historic Preservation Tax Credit.

HB201
03/10/2015 03/26/2015 Chamber2: Comm SRUL  
Stam (R37) -- An Act to Amend the Process by Which the City Councils Receive Citizen Input in Zoning Ordinance Amendments.

HB255
03/17/2015 04/14/2015 Chamber1: Passed PASS/H  
Brody (R55) -- An Act to Reform Building Code Enforcement to Promote Economic Growth by Conforming Work in Progress Inspection Authority to Recently Enacted Inspection Limitations, by Requiring the Building Code Council to Study the Alternate Methods Approval Process, by Clarifying the Definition of Official Misconduct for Code Officials, by Raising the Threshold for Requirement of a Building Permit, by Creating the Building Code Council Residential Code Committee and the Building Code Committee, by Requiring Internet Posting of Certain Council Decisions and Interpretations, by Clarifying that Inspection Fees Collected by Cities and Counties May Only be Used to Support the Inspection Department, and by Requiring that Inspections be Performed in Full and in a Timely Manner and Inspection Reports to Include All Items Failing to Meet Code Requirements.

HB362
03/25/2015 03/26/2015 Chamber1: Comm HFIN  
Faircloth (R61) -- An Act Authorizing Cities to Require Businesses to Register on an Annual Basis and to Impose a Registration Fee.

HB377
03/26/2015 03/30/2015 Chamber1: Comm HPU  
Insko (D56) -- An Act (1) to Require the North Carolina Utilities Commission to Establish Tiered Electricity Rates for Residential, Commercial, Public, and Industrial Customers to Encourage Energy Conservation and Energy Efficiency; (2) to Create the Energy Efficiency Bank to be Used for Loans to Customers for the Costs of Certain Energy Efficiency or Renewable Energy Projects; and (3) to Create an Incentive for Consumers to Purchase Energy Star Qualified Household Products.

Bills of Interest - Senate

SB25
02/03/2015 02/04/2015 Chamber1: Comm SRUL  
Gunn (R24) -- An Act to Clarify When a County or Municipality May Enact Zoning Ordinances Related to Design and Aesthetic Controls.

SB138
03/02/2015 03/03/2015 Chamber1: Comm SRUL  
Tarte (R41) -- An Act to Allow the Formation of a Professional Corporation Providing Engineering Services in Accordance with Chapter 89c of the General Statutes by a Nonlicensed Person and to Allow a Nonlicensed Incorporator, Officer, Director, or Employee of a Professional Corporation Providing Engineering Services in Accordance with Chapter 89c of the General Statutes to Own Shares of the Stock of the Corporation.

SB202
03/09/2015 03/18/2015 Chamber1: Rep Comm SFIN  
An Act to Reenact the Rehabilitation Tax Credits.

SB285
03/12/2015 03/16/2015 Chamber1: Comm SRUL  
Woodard (D22) -- An Act to Amend Article 19 of Chapter 160a of the General Statutes to Alter Qualification Requirements for Zoning Protest Petitions.

SB287
03/12/2015 03/23/2015 Chamber1: Rep Comm SFIN  
Hartsell (R36) -- An Act to Enact a Historic Preservation Tax Credit.

SB300
03/17/2015 03/18/2015 Chamber1: Comm SRUL  
Wells (R42) -- An Act to Restore Majority Rule to Municipal Zoning Ordinance Amendments by Repeal of the Qualified Protest Petition Process.

SB321
03/17/2015 03/24/2015 Chamber1: Rep Comm SRUL  
Brown, H. (R6) -- An Act to Exempt from Property Tax the Increase in Value of Real Property Held for Sale by a Builder, to the Extent the Increase is Attributable to Subdivision or Improvements by the Builder.

SB324
03/18/2015 03/19/2015 Chamber1: Comm SRUL  
Brock (R34) -- An Act to Reform Building Code Enforcement to Promote Economic Growth by Conforming Work in Progress Inspection Authority to Recently Enacted Inspection Limitations, by Requiring the Building Code Council to Study the Alternate Methods Approval Process, by Clarifying the Definition of Official Misconduct for Code Officials, by Eliminating Mandatory Plan Review for Residential Structures, by Raising the Threshold for Requirement of a Building Permit, by Creating the Building Code Council Residential Code Committee, by Requiring Internet Posting of Certain Council Decisions and Interpretations, by Clarifying that Inspection Fees Collected by Cities and Counties May Only be Used to Support the Inspection Department, and by Requiring that Inspections be Performed in Full and in a Timely Manner and Inspection Reports to Include All Items Failing to Meet Code Requirements.

SB329
03/18/2015 03/19/2015 Chamber1: Comm SRUL  
Davis, D. (D5) -- An Act to Extend the Tax Credit for Renewable Energy Property.

SB330
03/18/2015 03/25/2015 Chamber1: Rep Comm SEDU  
McInnis (R25) -- An Act to Amend the Law Regarding Change Orders on School Construction Projects.

SB472
03/25/2015 03/30/2015 Chamber1: Rep Comm SSLG  
Rucho (R39) -- An Act to Authorize Local Governments to Appropriate Money for Historic Rehabilitation and to Clarify and Standardize the Requirements for Appropriating Funds for Local Economic Development.

SB629
03/26/2015 03/30/2015 Chamber1: Comm SRUL  
Brock (R34) -- An Act to Encourage and Increase Energy Efficiency in North Carolina by Removing Certain Caps and Limits in the Renewable Energy Portfolio Standards.