Special Features

Mayors Adopt AIA Position on Sustainability
Call for reduction in fossil fuel use in buildings

The U.S. Conference of Mayors voted unanimously to approve a resolution prompted by an AIA position statement that calls for the immediate energy reduction of all new and renovated buildings to half the national average for that building type, with increased reductions of 10 percent every five years so that all buildings designed by the year 2030 will be carbon neutral-meaning that they will use no fossil fuel energy. AIA President Kate Schwennsen, FAIA, announced the Conference of Mayors action to AIA 2006 National Convention and Exposition attendees last week. The mayors of Albuquerque, Chicago, Miami, Seattle, Albuquerque sponsored the resolution, "Adopting the 2030 Challenge for All Buildings."

The mayors also passed the resolution, "Establishing a New Municipal Energy Agenda to Help Address the Nation's Energy and Environmental Challenges and Improve Local Communities." This resolution came as a result of a presentation given by the AIA at last month's U.S. Conference of Mayors Energy & Environment Summit that focused on energy usage. It contains the following goals: 

• Reduce energy usage in municipal buildings 
• Promote green buildings
• Ensure residential energy assistance
• Address climate change
• Encourage diversity in energy generation
• Improve municipal vehicle fleets
• Encourage incentives to improve vehicle fuel efficiency
• Invest in transit and walkable communities
• Share best energy practices among cities
• Encourage private sector initiatives.

"This is a tremendous step taken by the mayors to exert a strong leadership position in addressing the nation's ongoing energy crisis at a time when global warming is venturing into dangerous territory," Schwennsen says. "As architects, we recognize our crucial role in designing a more energy efficient built environment that will pay dividends for decades to come. The AIA is poised to work in conjunction with the nation's mayors in pursuit of policy and regulatory changes that will result in lasting legacy of green for future generations."

According to certain scientific calculations, buildings and the embedded energy within their interiors account for an estimated 48 percent of all greenhouse gas emissions, far more than the 27 percent for transportation and 25 percent for industry. Additionally, 76 percent of all electricity generated by power plants goes toward operating buildings. If current trends continue, it is anticipated that annual energy consumption in the U.S. will increase by 37 percent and greenhouse gas emissions by 36 percent in the next 20 years.

The AIA and U.S. Conference of Mayors seek to reverse this trend by setting a goal of carbon neutrality by 2030. The plan will reduce the use of fossil fuels in buildings by 60 percent in 2010, 70 percent in 2015, 80 percent in 2020, 90 percent in 2025, and full carbon neutrality by 2030.

Capitol Hill Watch

Congress Approves AIA-Backed Programs to Help Gulf Coast Recover and Rebuild
Funds for transitional housing, historic structures approved

The U.S. Congress approved this week additional support for hurricane recovery in the Gulf Coast region, including funds for two AIA-supported programs to provide housing alternatives to mobile trailers and to repair historic structures.

The funds are a part of legislation that provides $94.5 billion for hurricane relief, to fund the war in Iraq, and prepare for a possible flu pandemic. The bill now goes to the president for his signature.

The legislation creates a $400 million alternative housing pilot program to be administered by FEMA in Mississippi and Louisiana. These funds are to be used for projects that create modular housing for hurricane victims that:

• is hurricane resistant
• is available at costs below those of temporary FEMA trailers
• can be constructed quickly, using prefabricated panelized walls
• is expandable into larger more comfortable living space as the owners become financially capable of doing so
• creates permanent structures.

According to Tom Wolfe, senior director, AIA Federal Affairs, "The AIA lobbied hard for this provision because we believe that innovative programs like this will spur the development of livable transitional and temporary-to-permanent housing and move FEMA away from the large tracts of mobile homes that clearly do not work." Wolfe commends AIA members who contacted nearly every congressional office in support of the program.

"The pilot program is a great advance to make much-needed housing available to people to begin rebuilding their lives. With the start of the new hurricane season, we must be able to quickly move people into housing that respects the health and safety of our citizens," says AIA First Vice President RK Stewart, FAIA.

The legislation requires FEMA to prepare a proposal and expenditure plan for approval by the House and Senate Appropriations committees within 45 days of enactment. "The AIA Government Advocacy team is working on comments to FEMA on how these monies can best be used to create new, sustainable, and livable communities," Wolfe says.

AIA President Kate Schwennsen, FAIA, praises the legislation. "This bill is a tremendous step forward in the recovery process for the Gulf Coast. President-elect RK Stewart, EVP/CEO Chris McEntee, and I had the opportunity to tour affected communities on the coast and in New Orleans with our state and local components. It is true: All the news coverage we have seen fails to prepare you for the unrelenting, mile after mile, block after block level of destruction, the amount of clean up yet to be done, and the absence of people to do the work."

The legislation passed by Congress also contains $40 million for a grants program in the Gulf Coast region to assist the owners of designated historic structures and structures eligible for historic status to restore their storm-damaged buildings. This provision was developed by the AIA and the National Trust for Historic Preservation; last November then-AIA Executive Vice President/CEO Norman Koonce testified before a House committee in support of the program.

Says Schwennsen, "With all the difficult work of planning and rebuilding that remains to be done, it is crucial that decision-makers consider the value of preserving the region's rich heritage." Schwennsen and Stewart laud the efforts of the AIA at the local, state, and national levels to support and assist the rebuilding of communities in the Gulf Coast and warn against rejecting the restoration of historic structures as tough economic decisions are made.

"This is another important victory for the AIA and its members," says Wolfe. "Thousands of historic structures in Mississippi and Louisiana are in danger of collapsing as a result of hurricane damage, threatening a major piece of our country's architectural heritage. Working with our friends in the National Trust, we were able to convince Congress that saving these sites matters."

Federal Agency Report

IRS Issues Advance Guidance on Commercial Building Tax Deduction

On June 2, 2006, the Internal Revenue Service (IRS) released a proposed guidance document on how commercial building owners or leaseholders can qualify for the tax deduction for making their buildings energy efficient. The proposed guidance establishes a process to certify the required energy savings to claim the deduction.

The commercial building deduction, which was enacted in the Energy Policy Act of 2005, allows taxpayers to deduct the cost of energy-efficient property installed in commercial buildings.

The amount deductible may be as much as $1.80 per square foot of building floor area for buildings that achieve a 50-percent energy savings target. The notice provides that buildings below the 50-percent threshold may nevertheless qualify for a deduction of up to 60 cents per square foot of building floor area if they meet a 16¨ø-percent energy savings target.

"We are glad that the IRS issued this advance guidance, and we await the second set of guidance, which will address government buildings," says AIA President-elect RK Stewart, FAIA. "We will continue to work with our coalition partners to ensure that this important piece of legislation is implemented."

The IRS will release a second set of guidance, which will address government buildings. The Energy Policy Act of 2005 allows the designer of the energy saving pieces of the qualifying building (building envelope, HVAC, and lighting) to receive the tax credit for government buildings (where the owner has no tax liability and therefore cannot take advantage of the credit). The AIA is working with the Commercial Building Tax Deduction Coalition and the IRS to make clear that in most cases, the architect should receive the tax credit.

The AIA and its partners in the coalition are also working with Congress to enact legislation to extend the program beyond its December 31, 2007, expiration date.

State and Local Update

Eminent Domain Laws Pass Across Country

The Supreme Court's 2005 decision in Kelo v. New London has prompted a majority of states to re-examine their eminent domain laws. Of the 43 state legislatures in session this year, 42 have debated the matter, with 12 states passing laws restricting eminent domain. Many of the new laws block using eminent domain solely for economic development. Others address the definitions of blight within existing statutes, clearly define public use, or strengthen owner rights in eminent domain proceedings. 

T. Duncan Abernathy, AIA, director, Government and Industry Affairs, Virginia Society AIA, notes that the issue has "polarized the state house this year. Initial bills sought to clarify Virginia's traditionally conservative existing law balancing an individual's property rights with protections for the community. Amendments to these bills swung to the extreme end of protecting individual's property rights to the exclusion of community considerations."

Abernathy adds, "As a result, most of the bills died. House Bill 699 was the one bill touching on eminent domain that, although amended, passed the General Assembly and received the governor's signature. It adds definitions to the existing law and clarifies the eminent domain powers and responsibilities held by housing authorities."

According to Brooks Rainwater, manager, AIA State and Local Issues and Programs, "The use of eminent domain by government is controversial, but the debate engendered by the Supreme Court's Kelo decision has given citizens a voice on the issue. State legislatures have reflected citizen concerns through the passage of laws restricting the use of eminent domain this legislative session."

To assist state components with the issue, the AIA Government Advocacy team has created an "Eminent Domain Matrix" with current legislation and statutes.

ICC ANSI A117.1 Standard Begins New Cycle

The International Code Council (ICC) has launched the three-year cycle to develop the 2008 edition of ICC ANSI A117.1, Standard for Accessible and Usable Buildings and Facilities. The current 2003 edition of the standard is referenced in the 2006 edition of the ICC’s International Building Code and the 2006 edition of the NFPA 5000 Building Construction and Safety Code. The ICC standard establishes the means for complying with the scope of requirements established by the building codes.

Public proposals can be seen on ICC’s Web site.

The AIA Codes and Standards Committee encourage AIA members to review the proposals and to provide comments for its consideration before July 1, 2006. The Codes and Standards Committee periodically reviews the development of regulations and uses the AIA’s Public Policies to guide its review of standards such as A117.1.

The current policy on accessibility states:
Architecture expresses the values of society and has the power to enhance the quality of life for this and future generations. Architects must advocate for responsible design that results in beautiful and healthy places that respect and accommodate society’s diverse cultures and needs.

Supporting Position Statements
34. Accessible Environment
The AIA supports governmental policies, programs, and incentives that ensure a built environment that meets the reasonable needs of people with disabilities through accessibility rules and guidelines that are clear, certain, and consistent. Physically disabled individuals should be afforded the means to participate in society to the extent that they are able, through the elimination of physical barriers in a manner that balances the interests of the physically disabled, the public good, and cost effectiveness.

Positions on the proposed changes will be developed by the AIA Codes and Standards Committee to assist AIA representatives to the ANSI committee in their efforts. ANSI’s first committee meeting will be held in Washington, D.C., July 24-28, 2006.

Send comments to David Collins, FAIA, at pregrp@aol.com.

Component Spotlight

Atlanta Infill Development Panel Offers Recommendations

Late last month, the Atlanta Infill Development Panel issued preliminary recommendations for short-term solutions to alleviate development issues and offered longer-range plans to address questions about neighborhood character and quality. The coalition, chaired by Cooper Pierce, AIA, formed after Atlanta Mayor Shirley Franklin announced a city task force to address the issue.

Members of AIA Atlanta spoke at a February Zoning Committee meeting on infill development.

The alliance, a group of professional organizations already engaged in the issues, many of whom spoke at a February Zoning Committee meeting when the City Council voted against a proposed moratorium on infill development, gathered immediately to form the coalition. The panel, which is independent from the mayor’s task force, began meeting weekly during the three-month period from the mayor’s announcement to the time the task force was to be convened. The panel collected case studies, public comments, and other information in support of the mayor’s task force, which is under the direction of the commissioner of Planning and Community Development.

“This effort is a realization of the goals of the strategic plan developed by AIA Atlanta over the course of the past year. This is a great example of how architects can play a leadership role in shaping our community,” says AIA Atlanta Director of Government Affairs Gita Hendessi, AIA.

The people responded: 21 out of 24 Neighborhood Planning Units reported to the panel. After weeks of study and development, the panel submitted its preliminary recommendations as a two-part document to the City Council Zoning Committee on May 31. The panel will now serve a supporting role, providing technical expertise, real-time experience, case studies, staff time, meeting space, and additional resources.

“We appreciate the opportunity to support the good work of the Department of Planning and Community Development. Our partnering relationships with the department, city leadership, the professional organizations that comprise the panel and the neighborhoods of Atlanta allow us to realize our commitment to livable communities and community service,” says Pierce.

In response to the publication of the recommendations and follow-up meeting, Commissioner Steve Cover said, “We appreciate the effort put forward by the Atlanta Infill Development Panel. Our department will give their infill recommendations serious consideration as we proceed with the rewriting of the city’s zoning ordinance.”

Visit the AIA Atlanta Web site to review the panel’s preliminary recommendations, learn more about the public reporting forum, see a list of participating organizations, and submit information.

Florida Passes Responsible Supervising Control Bill
Unanimous vote is victory for AIA Florida

The Florida legislature unanimously approved a measure that defines “responsible supervising control,” authorizes the Board of Architecture and Interior Design to adopt rules for such control, and permits retired architects to use the title “architect, retired.” The bill is a victory for the component, which has lobbied for this measure for more than a year.

The legislation defines “responsible supervising control” as the “exercise of direct personal supervision and control throughout the preparation of documents instruments of service, or any other work requiring the seal and signature of a licensee under this part.”
Senate Bill 2060 authorizes the Board of Architecture and Interior Design to draft requirements for such control. Although their practice of architecture would be illegal, the bill also permits retired architects to use the title “architect, retired.”

Andy Hayes, AIA; Steve Jernigan, AIA, AIA Florida Vice President; Vivian Salaga, AIA, AIA Florida President; Florida House of Representatives Speaker Allan Bense; AIA Florida Executive Vice President Vicki Long, CAE; Mickey Jacob, AIA, AIA Florida past president; Jim Ruyle, AIA, and Mike Huey, Hon. AIA.

More than 60 members of AIA Florida met with their legislators in a lobby day initiative to ensure the passage of the bill. AIA Florida staff testified before committee members and met with them individually, offering explanations and letters of support for the bill. AIA Florida Executive Vice President Vicki Long, CAE, says, “We dealt with some controversial issues, but in the end, our membership showed up and the concept of responsible supervisory control was recognized as beneficial to the health, safety, and welfare of Florida citizens.”

Despite some opposition, the bill garnered support in the legislature. Frank Musica, Assoc. AIA, Risk Management attorney for CNA/Victor O. Schinnerer & Co., stated, “The architect’s involvement during construction is in the best interests of the public, the project owner and the architect. In any project, issues arise during construction that require the project designer’s input. No set of plans can be perfect or complete. Every set requires some interpretation…The impact of construction defects can be mitigated substantially if the design architect is available to resolve problems and to observe construction to minimize the consequences of changes that are intentionally or inadvertently introduced to the project.”

S.B. 2060 now goes to Gov. Jeb Bush for his signature. View the bill.

Wisconsin Supreme Court Rules for Statute of Repose

The Wisconsin Supreme Court issued a ruling interpreting the state’s 10-year period statute of repose law, finding in the case before it that the statute of repose took precedence over Wisconsin’s “safe place” claim law. It is anticipated that this ruling will help protect architects and persons in associated professions from unwarranted and unfounded lawsuits occurring long after the initial design of a building.

Bill Babcock, Hon. AIA, executive director of AIA Wisconsin, explains, “The Wisconsin Supreme Court concluded that the state’s statute of repose barred a safe place claim resulting from injuries caused by structural defects 10 years after a structure was substantially completed. The statute of limitations did not apply to a safe place claim resulting from failure to properly repair or maintain an originally safe structure.”

This statute of repose law has been challenged multiple times since it was enacted in 1994. AIA Wisconsin joined a coalition of design and construction organizations to file the initial amicus brief in support of the state’s statute of repose law. Babcock adds, “Wisconsin's statute of repose has withstood another constitutional challenge. This is very good news.”

Political Action

AIA Utah Members Deliver Check to Candidate

Earlier this month, members of AIA Utah delivered an ArchiPAC contribution to U.S. Rep. Jim Matheson (D), who is running to retain his seat in Utah’s second district. Wally Cooper, AIA, AIA Utah president, and Ken Adlam, AIA, AIA Utah Government Affairs, made the presentation.

As the November election draws near, ArchiPAC will continue to enlist AIA members to deliver checks to candidates in their home districts to build personal relationships with legislators and become a stronger participant in the local and national political process. Pictured are (left to right) AIA Utah President Wally Cooper, AIA, Rep. Jim Matheson, and AIA Utah Government Affairs Chair Ken Adlam, AIA.

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