Legislature Goes into Overtime

The 2010 Legislative Session should have been a short one. However, 60 days wasn't enough time for the legislature to complete its work, so a Special Session has been called. A Special Session can be called by the Governor or legislative leaders (with a 2/3 vote of the members) and last up to 30 days.

There is no limit on the number of Special Sessions that the legislature may enter. In 2001, there were three Special Sessions, lasting until July! In 2003 there were two Special Sessions. Typically a special session is called to deal with one or two specific topics. This year the focus is on tax and spending plans.

 

During Special Session every bill introduced in the Regular Session is revived. So, all formerly dead bills could return.

 

Its all About the Money

In the closing weeks of Regular Sessionlegislators could not reach agreement on the nature of proposed taxes or on Operating and Transportation Budgets. The House and the Senate continue to debate.

 

The House supplemental Operating Budget increases state spending by $206 million while the Senate Operating Budget decreases overall spending by about $10 million. Both houses cut millions in spending but then added back millions in expenditures for increased caseloads in education, health and social service programs. Both houses also make use of, and plan for, millions of dollars in federal assistance; although no federal funding has yet to be appropriated by Congress.

 

The biggest sticking point appears to be taxes. The Senate has proposed a sales tax increase of about $313 million. The House is adamantly against a sales tax. The House has projected that $681 million in taxes will be needed, while the Senate believes $890 million in taxes are required.

The AIA|WA is Successful

Despite the short session and domination of big economic issues, the AIA|WA has been successful on a number of issues. Due to grassroots efforts from members, and through effective lobbying, AIA|WA completed its proactive agenda.

 

First Licensing Law Reforms in 25 Years

The big achievement this year is the passage of SB 5529, modernizing the architecture licensing laws. In 1985, Washington enacted an Architecture Practice Act.

 

In order to pass the practice act, a number of compromises and exemptions were made that have caused problems over time. Terminology and technology changes have also impacted the effectiveness of the practice act.

 

Exemptions created in 1985 inadvertently allowed illegal plan stamping. Ambiguous wording has allowed unlicensed individuals to compel building officials to accept architectural designs for permitting purposes. SB 5529 eliminates several exemptions and modifies others to close loopholes and clarify legislative intent.

 

Licensing qualifications standards were also in need of revisions. The non-degree route to licensure has been updated to better mirror the accredited degree pathway. Continuing education has been added for the entire profession.

 

Recognizing the difficult route to licensure, SB 5529 includes several provisions to encourage interns to get their license. Now interns enrolled in the Intern Development Program (IDP) can use the title Intern-Architect and accredited degree graduates can begin taking the exam as soon as they are enrolled in IDP.

 

SB 5529 also simplifies the corporate registration provisions. Currently some architecture firms register, others do not, dependent upon specific corporate structure. SB 5529 makes it simple. If a business offers architecture services to the public it must register.

 

Building Code Council Under Attack

In 2009, Washington passed the most aggressive energy efficiency law for buildings in the nation. Over the next 20 years, Washington's buildings will wean themselves off of carbon emitting fuel sources. The first step for the energy efficiency law begins with the implementation of the 2010 State Energy Code.

 

During establishment of the energy efficiency law, Washington's homebuilder association (the Building Industry Association of Washington or BIAW) fought against it. BIAW lost the debate over the substance of the codes and the primary battle to keep the law from passing. So, this year BIAW got legislators to assist in their efforts and several bills were introduced that attempted to block the new energy efficiency rules in other ways.

 

Some bills would have overtly blocked the rules for residential construction like HB 3019 & SB 6822. While other legislation like HB 2927 & HB 2928, focused on administrative processes to block rules. And one bill, HB 2880, would have blocked all funding for the State Building Code Council (SBCC).

 

The AIA|WA attended every hearing and defended both the SBCC and the new energy efficiency rules. After several weeks of active lobbying AIA|WA successfully halted these bills.

 

The threat was not just to the energy code, but to the independence of the SBCC. The Legislature established the SBCC to make technical decisions based on their merit and not on politics. AIA|WA was pleased to protect the integrity of the code adoption process.

 

Other legislation affecting the SBCC, HB 2658 & SB 6515, would have moved it to the Department of Labor & Industries (L&I). AIA|WA opposed the move to L&I for a number of reasons. AIA|WA testified in opposition and was successful in shifting the SBCC relocation to the Department of General Administration (GA). GA houses the Office of Engineering and Architecture Services whose staff includes many licensed architects who understand the great importance of building codes.

 

Residential Fire Sprinklers
When the state adopted the 2009 International Building Code and International Fire Code, the decision to mandate installation of residential sprinklers became a choice made by local governments. This created several legal and technical hurdles. HB 2224 would have removed liability and legal concerns that were preventing homeowners from installing sprinklers and local governments approving them. The AIA|WA testified in support of this bill. However, despite passing the House unanimously, HB 2224 died. It could be revived during the Special Session.

 

Residential Construction Liability

For more than five years, the legislature has been struggling to resolve complaints about residential construction. Fundamentally, the problems have been with construction and not with design. Yet, architects regularly get drawn into the debate by the wording of bills put before the legislature.

 

Past proposals have focused on lengthening or eliminating the statutes. Legislation this year, HB 1393 and SB 6701, focused on new warranty provisions. These proposals would have voided architects liability insurance policies and thereby forced architects to cover their own defense costs if sued, and personally pay for any claims awarded.

 

AIA|WA and our allies in the contractor community were proactive about the problem. AIA|WA worked with Senator Mary Margaret Haugen on the "Haugen Amendment" which would have created a contractor's complaint board to investigate and resolve grievances. There were enough votes to pass the Haugen Amendment but the underlying bill died without a vote. It is likely that the issue of residential construction practices will return in 2011.

 

False Claims

SB 5144 & SB 5224, would have created new rights to sue government contractors for "false claims." This bill would have allowed third parties (those not involved with contracts) to launch investigations into government contracts and billing practices. The legislation would have legalized inquiries looking for errors and given financial rewards to the person launching the investigation if an error is found.

 

An analysis by the Washington Attorney General's office found the bill would cost more to the government and to government contractors, like architects, than it would generate. This bill died but the bill's sponsor, Senator Adam Kline, remains interested in pursuing the idea.

 

Sustainable Construction Law Threatened

Despite five years of success, the Washington High Performance Public Buildings Law continues to be under attack. The law requires state-funded buildings to be designed and built to LEED Silver or equivalent standards. Equivalent standards have been established for schools and public housing projects.

 

This year Senators Jim Hargrove and Jim Honeyford sponsored SB 6010, requiring state funded buildings to be built with wood. The bill, which was backed by timber lobbyists, was a direct attempt to undermine high performance standards. AIA|WA took the lead in lobbying against the bill and was successful in stopping it. However, the Joint Legislative Audit and Review Committee (JLARC) is going to conduct a performance review of the law.

 

Green Home Definitions

There are a wide variety of homes being marketed as "green." Some have simply had the label added, without adding any further sustainability measures. SB 6244 attempted to create a standard definition for "green" and "energy efficient" homes.

 

AIA|WA worked with the bill's sponsor, Senator Karen Fraser, to improve the bill. The bill was amended to direct the SBCC to establish definitions for green and energy efficient homes. The bill passed the Senate but died in the House. However, the SBCC, on its own initiative, has established a Technical Advisory Group to evaluate similar standards.

 

Interim Legislative Activities

Even though the legislature is likely to adjourn in the next week or two, AIA|WA's work on policy will continue in the interim between legislative sessions. During the interim the AIA|WA will focus on rulemaking for SB 5529, work with the JLARC on the study of the Washington High Performance Public Buildings Law, and the restructuring of the SBCC.

 

If you have questions regarding any of this interim activity, or would like to find out more, contact us at stephanie@aiawa.org.