AIA CA Supports Extending the Sunset Date on Certified Interior Designer Law

Government Relations|

The law that allows the California Council for Interior Design Certification (CCIDC) to certify interior designers is up for review this year in the State Legislature.  This oversight review, called a Sunset Review, is a normal process for professions that are authorized and regulated by the state.  The California Architects Board had its last sunset review in 2019, for example, and various boards are undergoing a sunset review this year, including the Board of Registered Nursing, Board of Occupational Therapy, Physical Therapy Board, and CCIDC, among others.

While Certified Interior Designers (CID) are not directly regulated by the state like architects, engineers, nurses, and doctors, state law does authorize the nonprofit entity CCIDC to certify individuals who have demonstrated competency through education, experience, and examination.

AIA CA expressed its support for CCIDC at the Sunset Review Oversight Hearing held on March 10 by the State Senate Committee on Business, Professions, and Economic Development and the State Assembly Committee on Business and Professions.

The CID law was created by legislation in 1990, and was a compromise between AIA CA and interior design organizations that were seeking a Practice Act for interior designers.  A Practice Act would have restricted practice to those licensed by the state.  Instead, 1990 agreement kept the law that allows unlicensed individuals to design spaces that are exempt from the Architects Practice Act (nonstructural and nonseismic alterations that do not affect the safety of the building), and provided consumers of those services an ability to know if the unlicensed individual has demonstrated competence with an interior design certification provided by CCIDC.

CCIDC also is asking for a change in the law that would specifically allow CIDs to include elements in their documents that do affect the safety of the building, such as horizontal exiting and rated corridoors.  Historically, AIA CA has opposed efforts to make these changes to state law.  The change CCIDC is seeking can be found on pages 45 and 46 of their Sunset Review document submitted to the Legislature.

For your information, here is the background paper on the CCIDC Sunset Review prepared by legislative staff.

Please feel free to contact the AIA CA Director of Government Relations Mark Christian, Hon. AIA CA at mchristian@aiacalifornia.org if you have any questions or comments.

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California Architects Board Considering Regulations Affecting Architect Advertising

AIACA, Government Relations|

There is time for architects to submit comments.

The California Architects Board (CAB) is holding a virtual meeting on Friday, February 18, from 3:00pm to 4:00pm, to receive public comments on its proposed regulation to require architects to include their name and license number on “all forms of advertisement, solicitation, or other presentations made to the public in connection with the rendition of architectural services … including any advertisement, card, letterhead, telephone listing, Internet Web site, written solicitation to a prospective client or clients, or contract proposal.”

No vote will be taken at the February 18th meeting.  The meeting is only to hear public comments.  A later meeting will be scheduled when the CAB will vote on the proposed regulation.

Fortunately, architects do not have to attend the February 18th meeting to submit comments.  Written comments can be submitted via email.  Instructions on how to submit written comments can be found at the bottom of this article.

For your information, here is the actual language of the proposed regulation:

Proposed Regulation Section 135

(a) An architect shall include their name and license number in all forms of advertisement, solicitation, or other presentments made to the public in connection with the rendition of architectural services for which a license is required by the Architects Practice Act, including any advertisement, card, letterhead, telephone listing, Internet Web site, written solicitation to a prospective client or clients, or contract proposal.

(b) For purposes of a business entity that contains or employs two or more architects, the requirements of subsection (a) shall be deemed satisfied as to such business entity’s architects if the business entity’s advertisements, solicitations, or presentments to the public include the name and license number of at least one architect who is (1) in management control of the business entity and (2) either the owner, a part-owner, an officer, or an employee of the business entity.

(c) For the purposes of this section, “management control” shall have the meaning set forth in section 134.

AIA California and several local Chapters will submit written comments opposing the proposed regulation.  The points we will raise include:

  • The assumption that updating marketing materials (business cards, letterhead, website updates) may cost up to $100 is not accurate. These costs will be higher.
  • This will make it easier to steal and illegally use an architect’s license number.
  • Focusing on the non-licensed individuals who illegally call themselves architects would protect consumers
  • The proposed regulation has a lack of clarity on what it covers; the real world implications are not yet known or understood. For example, how do architects comply when making social media posts about projects?
  • This proposed regulation, intended to protect consumers from unlicensed practice, puts all responsibility of compliance on licensed architects.
  • Only one other state has this requirement, as it does not increase consumer protection.

Architects can submit written comments to the CAB prior to the February 18 meeting.  If you want to submit a written comment expressing your opinion about the proposed regulation Section 135, please send it to:

Kim McDaniel, Regulations Manager

California Architects Board

2420 Del Paso Rd. #105

Sacramento, California 95834

Email: kimberly.mcdaniel@dca.ca.gov

Please feel free to contact AIA CA Director of Government Relations Mark Christian, Hon. AIA CA at mchristian@aiacalifornia.org if you have any questions.

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AIA CA’s Proposed Legislation in 2022

Government Relations|

At the direction of the AIA CA Board of Directors, we are seeking to have three bills introduced in the Legislature before the February 18 bill introduction deadline.  The proposed bills are:

Copyright Protection

To prohibit local government planning departments from sharing the design plans of proposed projects in a way that allows the public to copy those plans without the knowledge and permission of the architect.

Department of Industrial Relations Registration

To require architects to register with the Department of Industrial Relations as a public works contractor ($400 annual registration fee) only if the services provided by the architect include services that require the payment of a prevailing wage.  Currently, many government entities are requiring architects to register in order to compete for a public works project, even it the services provided by the architect will not include work that requires a prevailing wage.

Collection of Demographic Information

To allow the CA Architects Board to collect demographic information (race/ethnicity and gender) of licensed architects.  This information will help inform programs seeking to create opportunities for a more diverse profession.

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New Laws in 2022

AIACA, Government Relations|

2022 brings some new laws that may be of interest to California Architects.  Here are some of those new laws.

New Laws Sponsored by AIA California

Zero Net Carbon Continuing Education

To help California architects prepare for rapidly changing building standards and client expectations, and to be leaders in the country, AIA CA sponsored AB 1010 (Marc Berman – Palo Alto) to require California architects to take five hours of coursework in Zero Net Carbon every two years, beginning with the 2023 renewal year.  AIA CA is developing quality coursework and will make it available without charge for the 2023 renewal cycle.

Firm Names

The California Secretary of State’s office began rejecting names of newly formed general stock architectural firms in the Fall of 2019 if the firm name contained a last name of an architect and the word architect.  The paperwork for a new architectural general stock corporation named Smith Jones Architects, Inc., for example, would be rejected.  AIA CA successfully sought to have language to fix this problem added to AB 830 (Heath Flora – Ripon).  AB 830 was signed into law, allowing newly formed architectural general stock corporations to once again use the last name of an architect and the word “architect” in its firm name.

New Housing Laws

The Legislature considered several bills related to housing.  Many bills failed to pass the Legislature.  Some significant bills, though, did pass and become law.  For example, SB 9, which requires ministerial approval of some housing development, and SB 10, which allows a local government to adopt an ordinance to zone any parcel for up to 10 units, became law.

Here are reports from the Senate Housing Committee and the Assembly Committee on Housing and Community Development on the legislation heard in those committees in 2021.  Not all of the bills listed passed and became law.  Indeed, only those that have a Chapter number in the status line (e.g. Chapter 517, Statutes of 2021) passed the legislature and were signed into law by the governor.

Here is the Senate Report.

Here is the Assembly Report.

 

New Employment Laws

2021 did some changes to employment law, some of which may be of interest to architectural firms and employees.

The California Chamber of Commerce has prepared a report highlighting some of those new employment laws.

Here is the California Chamber of Commerce Report.

 

New Sustainability Laws

SB 68 (Josh Becker – San Mateo) requires the California Energy Commission to develop and publish guidance on best practices to help reduce barriers for building owners to transition to electric equipment and appliances, and install electric vehicle (EV) charging equipment; and authorizes awarding of moneys from an existing grant program, funded by surcharges on energy ratepayer utility bills, for technological advancements that reduce the costs of electrifying building-related applications.

SB 596 (Josh Becker – San Mateo) requires the California Air Resources Board to develop a comprehensive strategy for the state’s cement sector to achieve net-zero greenhouse gas emissions no later than December 31, 2045.

AB 1124 (Laura Friedman – Burbank) increases the development of solar needed for the state to meet its greenhouse gas reduction goals and build a reliable electric grid.

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The Governor Wants Climate Action

AIACA, Climate Action, Government Relations, Relevance|

Governor Newsom released his proposed State Budget on Monday.  The budget proposes to spend more than $284 billion, and includes a surplus that is expected to be more than $20 billion.  The State Budget that will be passed by the Legislature in June will be different than what the governor proposed, depending on how well tax receipts hold up this year and the funding desires of the Legislature, but the final State Budget should be close to what the governor proposed.

Importantly, the governor is proposing to use the anticipated surplus revenue to provide one-time funding for projects and programs to help California adapt and mitigate climate change.

For example, the proposed 2022-23 State Budget includes funding for:

  • clean transportation
  • climate adaptation projects that support climate resiliency
  • long duration energy storage to support grid reliability
  • equitable building decarbonization
  • Lithium Valley Development to develop a critical component of batteries
  • sustainable communities

 

Detailed information on the governor’s proposed funding in response to Climate Change can be found here:
https://www.ebudget.ca.gov/2022-23/pdf/BudgetSummary/ClimateChange.pdf

 

More information on the proposed 2022-23 State Budget can be found here:
https://www.ebudget.ca.gov/budget/2022-23/#/BudgetSummary

 

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OCTOBER ADVOCACY UPDATE

AIACA, Gov’t Affairs, Government Affairs, Government Relations|

Earlier this month Governor Gavin Newsom finished deciding the fate of bills that the Legislature sent to him.  The outcome of several of those bills are important to the architectural profession, and are described below.  Please feel free to call or email Mark Christian, Hon. AIA CA, our Director of Government Relations at 916-642-1708 or mchristian@aiacalifornia.org, if you have any questions.

 

Historic Preservation

Governor Newsom signed SB 451 into law, establishing the mechanism for a California Historic Preservation tax credit.  SB 451 is the third attempt by Senator Toni Atkins, the California Preservation Foundation, and AIA California to establish this tax credit.

While the enactment of SB 451 is good news, the work is not done.  SB 451 does not fund the tax credit; it still needs to be funded in next year’s state budget.

If fully funded in next year’s state budget, SB 451 will, among other things:

  • Make the tax credits available for taxable years 2021 through 2025
  • Allows for a tax credit of 20% if qualified rehabilitation expenditures on a certified historic structure, or 25% under certain conditions (for example: the project includes affordable housing
  • Allows the tax credit to be used on a principal residence under certain conditions (for example: the expenses are to rehabilitate the historic character and improve the integrity of the residence, and the taxpayer has an adjusted gross income of $200,000 or less)
  • Caps the credit at an aggregate annual amount of $50 million

 

Housing

2019 was a year in which significant housing bills were considered in the legislature.  Several of them were sent to the governor, including bills on ADUs, approval process, funding for infrastructure and planning, and tenant protections.

The Terner Center for Housing Innovation at UC Berkeley compiled a good summary of those bills here.

 

Dynamex

The governor signed AB 5, which codifies the CA Supreme Court Dynamex ruling.  That ruling made significant changes to the independent contractor text in California.  Importantly, AB 5 created exemptions from the Dynamex ruling for some professionals, including when an architectural firm contracts with a licensed architect.  For those “exempt” professions, the old Borello test is used.

AIA CA is working with a law firm to prepare a paper explaining the law for its Members, as it applies to the architectural profession.  If you have any questions you would like answered, please email them to Mark Christian at mchristian@aiacalifornia.org as soon as possible.

 

School Bond

Governor Newsom signed AB 48 into law, which puts a $15 billion education bond measure on the March, 2020 statewide ballot.  This will be the largest school bond measure ever, and will fund K-12 and higher education construction projects.  The bond includes:

 

  • $9 billion for preschool to K-12
    • $5.2 billion for modernizing schools
    • $2.8 billion for new construction
    • $500 million for career technical education facilities
    • $500 million for charter schools
  • $2 billion for community colleges
  • $2 billion for the California State University
  • $2 billion for the University of California

 

Citizen Architect

A group of Citizen Architects met during this year’s Monterey Design Conference to discuss the Citizen Architect program, the role of Citizen Architects in our communities, how to encourage more architects to become Citizen Architects, and the effect recently signed laws might have on our communities.  Expect to hear more about the Citizen Architect program in 2020.

 

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September Advocacy Update

Advocacy Updates, Government Relations, Relevance|

Advocacy Survey is still live

Don’t forget to tell us what you think!  We are surveying the membership to help us develop our advocacy priorities for next year.  Please take a few minutes to fill out this year’s survey.  The results will help create our 2020 advocacy agenda.

 

Sales Tax on Services … it’s getting real.

The proponent for a sales tax on services, State Senator Robert Hertzberg (Van Nuys), is beginning to release some information on what he plans to do in 2020.  From an article published earlier this week, Sen. Hertzberg indicates he is looking at a 2% sales tax on business-to-business services, and that he will try to put this before the voters on the November 2020 state ballot.

In the article linked above, Sen. Hertzberg was responding to the announcement of a business coalition formed to oppose any effort to impose a sales tax on services.  That coalition, the California Tax & Budget Research Project, of which AIA California is a funding member, announced its website on Monday which includes research challenging the alleged benefits of a sales tax on services.  You can view that website here.

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A Message to our Members . . . from Rona Rothenberg and your AIA Advocacy Team. . . on the road . . .

Government Relations, Relevance|

Rona Rothenberg, FAIA

Rona Rothenberg, FAIA

By Rona Rothenberg, FAIA

Dear Colleagues,

This summer has been an active time for those of us involved in advocacy, outreach and interactive work at the national, regional and local levels with our government agencies, other components and partners in other branches and States.

I was privileged to join Mark Christian, Hon, AIA CA, Ric. Abramson, FAIA and about 135 other colleagues in Providence, Rhode Island from July 17-19 for the State and Local Government Network Conference (SGN).  While I have been involved with the AIA nationally for the past 10 years through the Public Architects Knowledge Community Advisory Group, I had not previously attended this incredible conference.  I was pleased to be among a broad representation of components and policy experts from AIA National and the components from many states to review proactive State and local policy agendas and hear updates from working groups partnering with the AIA to develop and test policy and advocacy resources.

The lively and interesting conference in beautiful, historic Providence opened with reports from task force groups.  Presentations by diverse participants and panels included topics important to us in AIA California from our own retreat:  climate action environmental initiatives for design and construction of new and existing buildings; broad requirements for self-education and advocacy; bold and visionary, but practical and usable model codes; housing; and business incentives for preservation and upgrade of historic and aging cities, in our neighborhoods and buildings.

The  breakout sessions and policy dinners were especially thought-provoking and engaging.  This included panels and lectures on school safety and design, NCARB and model laws, housing access and affordability, energy efficiency, resiliency in design and construction.  In particular, Mark participated in a panel on legislation aimed at improving energy performance in buildings and Ric. moderated a discussion of a topic of keen interest to me about models for 21st Century Citizen Architects.  The invited speakers were among the best and brightest including Mayor Mick Cornett of Oklahoma City, Joseph DaSilva from the Rhode Island Department of Education and Bonnie Nickerson from the City of Providence Planning, Dr. Neil Kleiman, and expert on “living cities” from NYC and finally the urban innovator and author Jayson White.

More to follow next month!

–Rona

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