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AIA Maryland |
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2006 Legislative Session Summary American Joe Miedusiewski The 2006 Session of the Maryland General Assembly adjourned on April 10th at midnight. AIA Maryland's lobbying efforts yielded positive results for its agenda. AIA MD monitored the activity on HB 314/SB 223, Maryland Heritage Structure Rehabilitation Tax Credit Program.These companion bills would have repealed various preferences for awarding initial credit certificates to commercial rehabilitations under the Maryland Heritage Structure Rehabilitation Tax Credit Program, repealed a limit on award of initial credit certificates for a single jurisdiction, and increased the time to complete commercial rehabilitations for purposes of the credit. The termination date of the program would have been extended to 2012. The fate of these bills fell victim to philosophical differences between the administration and various legislators. Neither bill was voted upon by their respective committees. AIA MD also chose to monitor HB 411, Income Tax for Green Buildings.The measure would have reduced from 20,000 to 10,000 square feet the minimum space requirements for specified buildings to be eligible for the green building tax credit. The bill received only one vote in favor of its passage from its sponsor, Delegate Jon Cardin. The bill's demise was due to the lack of a funding mechanism as the tax credits now allowed for buildings of a minimum of 20,000 square feet are generally depleted. This is the fourth consecutive year in which AIA MD successfully defeated legislation (HB 887) designating original plans and specifications for a school construction project or a public school capital improvement as exclusive property of the county board of education that commissioned the plans. The bill would have also enabled the authorizing county board of education to use, sell, or otherwise convey the plans for a fee. Special thanks to Julie Wilson and Melanie Hennigan who traveled to Annapolis and testified against the bill. Mechanics' Liens For Professional Services legislation (HB 1060/SB 423) was supported by AIA MD and successfully passed both houses. The bill includes building and landscape architects, engineers and land surveyors. The governor signed the bill into law on 4/25/06. Many thanks to AIA MD President Allen Neyman for his compelling written testimony in support of the measure. Also on our monitoring list was HB 1105, Hospitals - Certificate of Need and Rate Setting - High Performance Buildings. The bill directed the Maryland Health Care Commission to adopt rules and regulations for certification of need that provide consideration for hospital projects that incorporate the requirements for a high performance building. The bill also required the Health Services Cost Review Commission (HSCRC), in determining reasonable rates for each facility, to take into account the costs of hospital projects that incorporate high performance building standards. The bill passed the House 138-0, but was given and unfavorable report in the Senate Finance Committee. Concern with rate setting requirements placed upon the HSCRC may have been a contributing factor. House Bill 1211, Task Force on Green Building, passed the legislature. The Task Force is required to evaluate and make recommendations regarding studying low -impact development codes and green building techniques, and best practices to improve communication regarding a green building program to communities and businesses and developers. The bill also requires identifying statewide potential for low-impact development projects and potential for cost reduction for storm water management, road building and other infrastructure for communities in low-impact zoning areas. A local measure, HB 1106/SB 485, sponsored by the Harford County and Southern Maryland Delegations was monitored and discussed with the Delegation Chairmen. The bill would exempt the construction, alteration or modification of agricultural buildings for which agritourism is an intended subordinate use from the Maryland Building Performance Standards. An existing agricultural building used for agritourism would not be considered a change of occupancy that requires a building permit provided the space occupies only levels of the building on which a ground level exit is located and does not require more than 50 people to occupy an individual building at any one time. The Department of Housing and Community Development shall adopt regulations to implement these requirements. The bill was introduced due to what local legislators described as "over enforcement" as it relates to barns that sponsor "seasonal pumpkin patch" tours and sales. Governor Ehrlich signed the bill into law on 4/25/06. |
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