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AIA Maryland |
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2007 Legislative Session in Review American Joe Miedusiewski The 2007 session of the Maryland General Assembly adjourned on Monday April 9th at midnight. The 90-day gathering was the State’s 423rd session since its founding, and the first session of a new four-year term for candidates surviving the 2006 election. Many different faces were evident in both the executive and the legislative branches. The new governor returned the office to the democrats and new office holders were installed as Lieutenant Governor, Attorney General and Comptroller. The election also changed the makeup of the legislature, adding more Democrats to its ranks. The Senate now has 33 Democrats and 14 Republicans, and the House has 104 Democrats and 37 Republicans. Many returning and newly-elected legislators turned out for yet another highly successful AIA MD legislative lunch reception. Regardless of the changes, however, the legislature’s propensity to file bills was unaffected. Of the 2,480 bills filed; 1,037 were Senate bills and 1,443 were House bills. As of this writing, the governor has signed 489 of those bills into law with one final bill-signing session remaining. AIA MD advocated for a variety of measures including: the Maryland Heritage Structure Rehabilitation Tax Credit Program; High Performance Buildings for Capital Projects; Price Preference for High Performance Buildings for New School Construction; Income Tax Credits For Green Buildings; and the High Performance Buildings Act. While the shift to a more democratic legislature appeared to bode well for all things “green”, there wasn’t enough of the “other green” in the budget to finance any of the green building proposals. The leadership of both houses agreed that bills with a fiscal note above $250,000 would not be approved for passage until such time that the budget deficit is addressed. Unfortunately, the fiscal notes on our green initiatives reached levels approaching several millions of dollars, thus drawing either unfavorable votes or being withdrawn by the sponsors in deference to the leadership’s fiscal restrictions. One green building bill destined for defeat was successfully amended to establish the Maryland Green Building Council. We believed it was prudent to continue the momentum for green building policy rather than sacrifice all that was put into the green building effort. The Green Building Council will include Secretaries or their designees of General Services, Budget and Management, Environment, Housing and Community Development, Natural Resources, Planning, Transportation, Directors of their designees of the Energy Administration, Interagency Committee on Public School Construction, and the Chancellor or his designee of the University System of Maryland. The Governor will appoint six members “to represent environmental, business and citizens interests, one of whom has expertise in energy conservation or green building design standards.” Chris Parts, AIA MD President, has been recommended to the Governor for appointment to the Council. The Governor signed this bill into law on April 24th. The Maryland Heritage Structure Rehabilitation Tax Credit Program did pass successfully. It increases from 50% to 75% the percentage of the total credits under initial credit certificates for any fiscal year that may be issued for projects in a single jurisdiction. The credit was also extended to July 1, 2010. As of this writing, the bill has not been signed by the Governor. AIA MD opposed HB 448 which would have expanded the sales and use tax to include, among others, engineering, drafting and interior decorating services. As the budget deficit looms, the legislature will be considering measures to increase state revenues. All taxing options will be on the table including gasoline and professional services. It was essential that Maryland architects voiced their opposition to having their services taxed. The bill died in the House Ways and Means Committee, but was considered a “trial balloon” to test which groups would mount opposition to the proposal. House Bill 832, would have required employers to provide one hour of sick leave for every 37 hours worked, not exceeding 56 hours a year, for illness or disability of the employee, death, illness or disability of a member of the employee’s immediate family, following the birth of an employee’s child, when a child is placed with the employee for adoption, medical appointment for the employee or the employee’s immediate family, or for an absence due to domestic violence. The bill was defeated in the House Economic Matters Committee. We supported a successful effort to bring QBS to Frederick County. A bill enabling the Board of County Commissioners for Frederick County to award procurement contracts costing more than $30,000 for architectural and engineering services based on an evaluation of the technical proposals and qualifications of at least two persons, and requiring the contracts to be fair, competitive and reasonable was signed by the governor on April 24th. The Maryland Condominium Act, SB221, was monitored by AIA MD. The bill would have established that local laws, ordinances and regulations governing the development or subdivision of land would not be preempted by the Maryland Condominium Act. The measure passed the senate, but died in the House Economic Matters Committee. Finally, AIA MD requested a bill, SB 88, to address the time requirements for the Architectural Registration Exam as it relates to the Intern Development Program. The SBOA and AIA MD differed philosophically on the timing of what was referred to as the “rolling clock”. AIA MD Board Members held that the NCARB time line which the SBOA may adopt later this year discourages individuals from pursuing a career in architecture. Ensuing discussions on the merits of the bill brought AIA MD and the SBOA to the table. A productive meeting ensued with an agreement between the two sides for more dialog and improved communications between AIA MD and the SBOA.
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