Washington Report

Congress Prepares for Lame-Duck Session

Members of Congress are poised to return to Washington next week to convene a lame-duck (post-election) session of Congress; this will, in all likelihood, be Congress’ final legislative activity of the year.

As the economy has continued to struggle over the past few months, Congressional leaders had hoped to use the lame duck to usher through a multi-billion dollar infrastructure spending package to stimulate American commerce. However, the Bush Administration has been publicly opposed to any major infrastructure spending measures. Therefore, it appears likely that Congressional leaders may wait until 2009 to pursue major stimulus legislation, as the new year will bring with it larger Democratic majorities in both the House and Senate, as well as a Democratic White House.

It is almost certain that Congress will attempt to extend the expiring unemployment benefits during their abbreviated session, and this could present an opportunity for a limited infrastructure spending measure.

“Whether Congress chooses to pursue the major stimulus measure during the lame duck or next year, the AIA’s stimulus proposals are certainly on the table,” notes Andrew Goldberg, Assoc. AIA, the AIA’s senior director for Federal Relations. “Congressional leaders understand the massive role that the design and construction industry plays in the overall health of the economy, and we will work with this Congress, as well as the next, to ensure policies that will stimulate work for architects are under their consideration.”

The entire stimulus discussion, however, could take a back seat to a debate over how Congress can help the besieged American automakers. Speaker of the House Nancy Pelosi (D-CA) and Senate Majority Leader Harry Reid (D-NV) both have publicly stated this week that they intend to use the lame duck to amend the recently passed bailout bill to allow automakers access to some of the emergency funding originally targeted for financial institutions. This proposal will likely face stiff opposition from congressional Republicans, as well as the White House. No matter what happens, the final weeks of the 110th Congress should prove contentious.

State and Local Update

Michigan Circuit Court Allows Adoption of New Energy Code

An Ingham County (Michigan) Circuit Court has upheld a decision by the state to adopt a new energy code that will require homes to be more energy efficient. The code was to become effective in February 2005, but the Michigan Association of Homebuilders (MAHB) successfully obtained a preliminary injunction from the circuit court preventing implementation, citing that the state had to adhere to a regulatory process already in place before adopting a new code. The ruling by the circuit court lifts the injunction and dismisses the MAHB case, enacting the new, more energy-efficient code.

The Michigan Department of Labor and Economic Growth (DLEG), along with a group of intervening environmental interests, appealed the injunction to the Michigan State Court of Appeals, which in August 2007, ruled that the circuit court had applied an incorrect legal standard in its review of the new rule. MAHB appealed that ruling to the Michigan Supreme Court. In June, the Supreme Court ruled in favor of the DLEG and the case was sent back to the circuit court for further review.

In its ruling, the circuit court said that the DLEG’s statutory authority “authorized the agency to incorporate as many provisions of the International Residential Code as the agency found to result in cost-efficient updates to the rules.” The decision effectively ends three years of limbo caused by the court appeals and allows Michigan to continue its pursuit of higher energy efficiency requirements.

Florida and Nevada Face Major Budget Setbacks

In the October 30 issue of The Angle, the State Relations team reported on the direct impact that state budget crises are having on architects in California and Arizona. With at least 31 states facing major budget shortfalls, a number of components are experiencing roadblocks, particularly when it comes to finding money for new state projects. This week, the team examines budget issues in Florida and Nevada.

The Florida Capitol Building complex design was a collboration of the architecture firms of Edward Durell Stone of New York and Reynolds, Smith, and Hills of Jacksonville.

Florida

Florida expects a budget gap of $5.1 billion or 19.9 percent of its total budget. Having already cut $6 billion to get the fiscal year 2009 budget in balance, the state anticipates across-the-board cuts of about 10 percent, according to the National Conference of State Legislatures (NCSL).

Earlier this year, the Florida Supreme Court struck down a ballot initiative that would have eliminated most school property taxes in favor of more sales taxes and would have eliminated sales tax exemptions that currently exist on most services. Experts anticipate that states will make incremental moves toward implementing service taxes, part of a growing national trend. Such taxes will affect architects, as architectural services could be taxed under a new professional service tax structure. As a result of this debate, a new tax structure will be a big issue for next year’s legislature. AIA National and AIA Florida will continue to monitor and fight and service tax on architectural services.

Nevada

Similarly, Nevada faces a budget gap of $1.2 billion or 16 percent of its total budget. The state has already spent its “rainy day” fund and has cut $1 billion since January, which is a significant amount for only a $3.5 billion budget. State budget experts at NCSL expect major cuts of more than 14 percent in the coming session. What’s more, with the worst foreclosure rate in the nation, it is likely that the budget gap will affect architects directly.

“I think the profession in the State of Nevada will suffer quite severely due to lack of public funding for projects. With the residential and commercial markets severely affected already, the lack of public projects that will actually get started could be the death knell for firms that have not diversified their services,” says Eric Roberts, Assoc. AIA, State Government Network representative from AIA Nevada.

The State Relations team will continue to look at how the budget situations in states will affect AIA members. In the next issue of The Angle, we will look at Rhode Island and New York.

UPDATE: AIA Members Running for Local Office

As a follow-up to last week’s article on the results of elections where AIA members ran for statewide office, The Angle is pleased to share the election results of the AIA members running for local (municipal and county) offices. Congratulations to the following AIA members who won their respective races:

Florida

• Akin Akinyemi, AIA, Leon County Commissioner

Kentucky

• Victor Camm, AIA, Bellevue City Council

Michigan

• Gregory McKenzie, AIA, Township Trustee, Lima Township, Washtenaw County

Minnesota

• Nick Ruehl, AIA, Mayor of Excelsior

Virginia

• Bruce Tyler, AIA, Richmond City Council

The Government and Community Relations team would also like to acknowledge Kenn Gardner, AIA, who unfortunately lost his race for Wake County Commissioner in North Carolina. We thank him for his activism and encourage him to continue to pursue public office.

In addition, the Government & Community Relations team and the AIA community would like to recognize the following AIA members, who currently hold elected office at the local level but were not up for election this year:

California

• John Barton, AIA, Palo Alto City Council (term expires in December 2009)
• Chris Mills, AIA, Palm Spring City Council (term expires in December 2009)
• Ralph Mechur, AIA, Santa Monica-Malibu Unified School District Board of Education (term expires in December 2010)

Indiana

• John Shoaff, AIA, Fort Wayne City Council (term expires in December 2011)

Idaho

• Curtis Kemp, AIA, Ketchum City Council (term expires in December 2011)

Mississippi

• Belinda Stewart, AIA, Mayor of the Village of Walthall

North Carolina

• Thomas Crowder, AIA, Raleigh City Council (term expires in December 2009)
• William O'Cain, AIA, Hendersonville City Council (term expires in December 2009)
• Russell Stevenson, AIA, Raleigh City Council (term expires in December 2009)

Texas

• Gabriel Durand-Hollis, AIA, Hill County Village City Council (term expires in May 2010)
• Jane Kittner, AIA, Woodway City Council (term expires in 2009)

Utah

• Soren Simonsen, AIA, Salt Lake City, City Council (term expires in 2009)

Virginia

• David Norden, AIA, Warrenton Town Council (term expires in June 2010)

For those listed above who plan on running for re-election, we wish them the best of luck. We also wish Steve Castellanos, FAIA, for San Joaquin (California) Delta College Board of Trustees and Wayne G. Sieloff, AIA, for Trenton, Michigan Trustee on Board of Education well on their announced campaigns.

We congratulate all of the above individuals for their involvement in their communities and will continue to keep The Angle readers up-to-date on the status of their campaigns. Any other architects running for any public office or serving in any appointed position are encouraged to e-mail the Government Relations team.

2008 Election: Local Ballot Initiative Results

Direct democracy is flourishing across the country, as evidenced by the number of local communities that decided a number of ballot initiatives this election season. Local AIA components supported and fought against several ballot initiatives that directly affect the architecture profession and the future of our built environment, with a particular emphasis this year on transit initiatives. Although there were many important local initiatives decided this election season, the following is a sampling of initiative results reported by AIA Local Government Network (LGN) members.

California continues to see the largest number of ballot initiatives, and both AIA Los Angeles and AIA San Francisco were involved in important initiatives in their communities.

Los Angeles
Los Angelians approved a $7 billion bond that will benefit the Los Angeles Unified School District. The money will be used to repair and upgrade classrooms, update earthquake and fire safety features, and remove harmful pollutants from school buildings. The measure includes a provision calling for sustainable building features to be incorporated into these improvements, such as the installation of energy  and water-efficacy systems.

Voters in LA also approved a measure that will increase sales tax by one-half cent to provide funding for major transportation projects in the area. The proposal, which required a super-majority to be enacted, was approved by a narrow margin. The tax is expected to generate $40 billion over the course of 30 years, but it will only partially fund the proposed transit projects. Some of the many improvements include the expansion of railway and bus systems, road resurfacing, and improved bicycle and pedestrian facilities.

Santa Monica
Santa Monica voters rejected a proposal that would have limited commercial development to a rate that is approximately half of what it currently is. Supporters of Proposition T hoped that limiting commercial development would alleviate some of the traffic congestion problems because there is not enough housing to support the number of workers in the area, but opponents pointed out that a future change would not impact current traffic patterns.

The measure would also have limited the city council’s ability to comply with the Land Use and Circulation Element, which calls for mixed-use development. Local Citizen Architect Herb Katz, AIA, serves on the Santa Monica City Council and was quoted by The Planning and Developing Network as saying, “It hurts affordable housing because a lot of our projects today are mixed use, which means there is retail on the ground level and housing above it. If I can't build the retail because I haven't got the footage to do it, I can't build the housing. That hurts affordable housing and market-rate housing."
 
San Francisco
In San Francisco City and County, voters approved three important measures. The first measure, Proposition A, authorizes an $887 million bond to rebuild San Francisco General Hospital. Proposition D allows the City of San Francisco to provide funding to the Port of San Francisco for the purpose of developing Pier 70, which could prove necessary to preserve the pier’s historic culture. Finally, citizens approved Proposition J, which replaces the Landmarks Preservation Advisory Board with an independent Historic Preservation Commission. The new commission will play a large role in implementing a larger historic preservation effort in the San Francisco Bay Area.

Sonoma and Marin Counties (California)
Voters in Sonoma and Marin Counties approved a one-quarter cent sales tax increase to fund the Sonoma-Marin County Transit (SMART) project that will create a 70-mile transportation corridor running through the two counties. The two-way rail system and adjacent bicycle/pedestrian pathway are projected to provide an economically sound and environmentally friendly alternative to those who commute daily between the counties.

New Orleans
Citizens in New Orleans voted for an amendment to the city’s charter that gives the force of law to a master plan that is to be developed for the city. This amendment was supported and advocated for by AIA New Orleans. The issue was very contentious, and it was passed by a mere four percentage points. Residents of the Lower 9th Ward voiced concerns that large areas of land would be converted into green space instead of allowing families to return and rebuild their homes. Proponents of the ammendment tried to assuage these fears by pointing out the need for effective and complete city planning. Under the current procedure, the city council makes planning decisions on individual proposals on a case-by-case basis.

Downtown Seattle

Seattle
In the Seattle area, King County voters authorized the implementation of a new 0.5% sales tax, a measure supported by AIA Seattle, which will go toward expanding mass transit in King, Pierce, and Snohomish Counties. In the City of Seattle, citizens approved a separate tax increase that will fund much needed improvements to the historic Pike Place Market.

Honolulu
Finally, AIA Honolulu has been particularly active on a mass-transit initiative within their community. About 53 percent of Oahu voters favored a steel-on-steel rail project on Election Day. The Honolulu rail transit project, which previously passed the Honolulu City Council, will green light a $4.28 billion elevated rail line.

There had been a great deal of controversy over the elevated rail line due to its obstruction of mauka-makai (mountain to ocean) sightlines and the physical separation of downtown Honolulu and the waterfront, which will be obstructed as a result of the construction. However, with this latest public vote, the rail line should now move forward. AIA Honolulu will continue to work with the city to make sure that this mass-transit project develops in the best way possible for the community by providing for improved mobility and transit-oriented development

News Wrap: News From Around the Nation

States Look to President-elect to Improve Relationship With Federal Government: The results of the presidential election will not only affect national politics but will also have implications for state governments around the country. State political officials hope that President-elect Barack Obama will be able to improve the relationship between the federal government and the states and turn around the economy that is not only crippling Main Street and Wall Street, but state budgets as well. Some point to his close relationships with many governors as signs of unprecedented influence from the states.

To read more, click here.

Group Aims to Predict Alaskan Climate: Scenarios Network for Alaska Planning (SNAP), a group of research organizations and government agencies focused on helping to determine the state’s future climate, has created a number of climate maps and predictions that they hope will help government officials and other policy planners answer questions about rising sea levels and decreased polar ice, and ultimately address climate change. The resources are available through the group's Web site and on Google Earth.

To read more, click here.

States Hold Special Budget Sessions: State legislatures will hold special sessions to address existing budget gaps. States will have difficult decisions to make in hopes of stimulating the economy and increasing their revenue. The following list of legislatures holding special sessions could grow in coming weeks:

Utah (September 26)
South Carolina (October 29)
California (November 5)
Rhode Island (Special forum November 6)
Arizona (Post-election discussion)
New York (November 18)
Connecticut (November 24)
Oregon (Expected in December)

DesignVote08

DesignVote08 Initiative Looks Back at Successes

As the campaign signs come down and the political buttons are put away, the AIA and its members can look back with pride at the expanded role they played in the campaign through the DesignVote08 program.

In early 2008, the AIA launched DesignVote08 with the goal of pushing the issues important to AIA members, seek responses to candidate positions on these issues, and provide members with information about voting.

The key successes of the DesignVote08 program included:
• AIA member-written blogs live from the Democratic and Republican Party conventions
• First-ever AIA activities surrounding political party conventions
• A detailed “Get Out the Vote” information plan to provide members with details for their state’s primary elections and caucuses
• General election “Get Out the Vote” campaign to inform members on key voter registration and Election Day information
• Inclusion of AIA issues in both the Republican and Democratic party platforms adopted at the respective party conventions

“The programs engaged members into our advocacy program and gave them the opportunity to enter this election season armed with information on candidates to show that architects are involved more than ever in the political process. As we move toward the 2010 midterm Congressional elections, we will use DesignVote to continue taking our message about the role of architects on the hot issues of the day to candidates for Congress,” explains Adam Melis, director of Advocacy Outreach.

The AIA DesignVote project was a key function of the AIA National Board Advocacy Committee. The following AIA members were part of the DesignVote08 group: Chair Mickey Jacob, AIA; Maureen Guttman, AIA; Len Koroski, AIA; and Don Brown, AIA. In addition, Adam Melis and Hannah Wesolowski worked on the project at the AIA staff level. For suggestions and comments on the DesignVote program, please e-mail the Government Relations team.

ArchiPAC Roundup

Dayton Area Architects Turn Out to Support Congressman

On Tuesday, October 28, Dayton, Ohio-area architects joined together with ArchiPAC, the AIA’s federal political action committee, to support Congressman Mike Turner (R-OH).

From left: AIA Ohio President Terry Welker, AIA; Representative Mike Turner; and AIA Dayton President Bill Williams, AIA

On Election Day, Turner won his fourth term representing Ohio’s Third Congressional District, located in the southwest area of the state. Before coming to Congress, Turner served as a two-term mayor of the City of Dayton. During his tenure, he formed a relationship with AIA Dayton working on neighborhood revitalization and historic preservation. In Congress, Turner has supported funding for brownfield property redevelopment. He is also a founder and co-chair of the House Historic Preservation Caucus and the chair of the House Republican Policy Committee’s task force on Urban Revitalization.

Organized by AIA Ohio President Terry Welker, AIA, the event, attended by nearly 20 members of the local design and construction industry, reinforced the Dayton component’s strong and lasting relationship with Turner.

“Since Congressman Turner began his service in the House, he has continued to be an advocate for many of the issues that matter most to architects,” says Welker. “As a result of his experience as Mayor of Dayton, he understands the task of urban economic development better than most, and the fact that he is well respected by architects and the public from 'both sides of the aisle' contributes to his success in pushing these issues. We have high hopes for his continued support of our initiatives in the next session of Congress."

The Government Relations team congratulates AIA Dayton on this successful event and looks forward to supporting other components in similar efforts to further strengthen their relationship with legislators at the local, state, and national level.

Communities by Design

SDAT Team Visits Fort Worth Area

The busy 2008 Sustainable Design Assessment Team (SDAT) cycle continued to move forward rapidly as the Communities by Design staff recently completed the team visit to Fort Worth, Texas, during the first week of November. This full-team visit was the seventh of the year and the fifth since the beginning of September.

Fort Worth is a city with a population of nearly 700,000, and its sprawling boundaries cover more than 300 square miles. The city boasts an attractive downtown but lacks centralized housing supply and residential density. City staff members are concerned about high projected growth as historical development patterns are already causing significant congestion and air pollution.

Jane Jenkins of the Downtown Boulder Improvement District was the team leader for the all-encompassing project, which even took into consideration Fort Worth’s relationship to the entire north Texas region. The six additional team members were selected to complement the expansive nature of the project:

- Michael Rapps, PE, Rapps Engineering and Applied Science, Springfield, Ill.
- James Sherrell, AIA, Chattanooga, Tenn.
- Sabrina Carr, Neighborhood Development Associate, Hampton, Va.
- Prescott Gaylord, LEED® AP, Baltimore Green Construction
- Kathryn Schiedermayer, Energy Center of Wisconsin
- Darren Smith, Department of Transportation Planning, Metro Washington Council of Governments, Washington, D.C.

The team’s assessment and recommendations encourage the city to break down impediments to sustainability and barriers to interdepartmental coordination. Many of Fort Worth’s best policies are at odds with older regulations in other agencies. Moving forward, creating a process to resolve these contradictions will be critical as the city strives to maintain its quality of life.

CORRECTION: In the October 16 issue of The Angle, we incorrectly stated that the insurance industry lobbied against the requirement for residential sprinklers. A representative of the International Organization of Standardization testified in favor of the proposal. We regret the error.

The Angle is published by the AIA Government Advocacy Team, 1735 New York Ave., NW, Washington DC, 20006. To contact The Angle, send an e-mail to angle@aia.org.

Archive
November 6, 2008: Special Election Issue October 30, 2008 October 16, 2008 October 2, 2008 September 18, 2008 September 4, 2008 August 21, 2008 August 4, 2008 - Special Edition July 3, 2008 June 19, 2008		June 5, 2008 May 22, 2008 May 8, 2008 April 24, 2008 April 10, 2008 March 27, 2008 March 13, 2008 February 28, 2008 February 14, 2008 January 31, 2008