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AIA Maryland
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Joe Miedusiewski On January 12, 2011, the first day of a new four-year legislative term, nearly thirty newly elected faces were among the more familiar veterans being sworn in as members of the Maryland General Assembly. Ninety days later, on Monday April 11 at midnight, the Maryland Legislature adjourned. Amid the confetti, and balloons were congratulations as well as disappointments. There were 2,353 bills introduced in the House and Senate. Some were perennials, some were new. Most died. Following is a brief recap of some of the higher profile bills. Revenue, which is in short supply these days, was a significant reason for the success or failure of much of the legislation introduced during this year’s session. The Governor needed to close a $1.5 billion budget gap and money was tight. A large fiscal note (price tag) on a bill usually meant its demise was imminent. Consequently, legislators returned to their districts reporting that the State just couldn’t afford many of the measures on the agenda. Controversy was a frequent guest in committees and on the floor. A bill authorizing marriage licenses for same sex couples passed the senate, but failed to get enough support in the house. Another measure prohibiting employers, creditors and housing authorities from discriminating against transgender people was approved by the house but died in a senate committee. Sick people will soon be able to possess one ounce or less of medical marijuana. If arrested and one can prove medical necessity to a judge or jury, the defendant will be found not guilty. Maryland also became one of 11 states offering in-state college tuition to undocumented immigrants. Healthcare reform is a step closer to reality in Maryland. One of the governor’s bills that passed sets up the infrastructure for an insurance exchange, as provided for in the Obama Health Care Plan. The measure could extend health insurance to 350,000 Marylanders. If you’re fed up with the slow response by public utility companies to power outages, legislation passed which will set reliability standards for electric utilities. On the other hand, the governor’s effort to promote offshore wind energy development failed as well as his effort to curb construction of most new septic systems. Legislation also passed which will enable Marylanders to have wine shipped to their homes beginning July 1st. Maryland’s alcohol tax was raised by 50%, raising the 6 percent sales tax on alcohol to 9 percent. It is estimated that $85 million will be generated by the higher tax, which will be dedicated next year to disabilities programs and for school operating and construction costs. Diners will also be able to invite their dogs to dine with them at certain outdoor restaurants. Beyond the attention getting issues AIA MD had a very active session following some 51 bills. Among those bills were measures such as a sales tax exemption on the sale of electricity generated by solar energy, a sustainable communities tax credit program for commercial projects in progress, a commission to study streamlining and increasing the efficiency of the procurement process as well as state aid for school construction planning and design costs. Licensed architects can obtain a retired status license if they have 25 years of experience practicing architecture, have been licensed in Maryland for at least 5 years, are not subject to pending disciplinary action related to the practice of architecture, and pay the board a fee, which will be set by regulation. Holders of a retired status license may reactivate their licenses if they meet the board’s continuing education requirements, are not subject to related disciplinary action, and pay the board a reactivation fee. Every ten years approximately 70 regulatory entities and activities are subject to evaluation under the Maryland Program Evaluation Act. The Act establishes a process better known as “sunset review”. The Sunset Extension and Program Evaluation extends the termination date for the State Board of Architects to July 1, 2023, and requires an evaluation of the board by July 1, 2022. AIA MD supported legislation which would have required a vendor of single-family residential property to provide prospective purchasers with specified utility information for the residential property for the 12-month period immediately before the date of listing or advertising the property for sale. The required utility information would need to be updated every 6 months during the period that the residential property is listed or advertised for sale. Neither the House nor the Senate version of the bill made it out of committee. Over the years AIA MD has testified on the issue of visitability as it relates to certain new homes. Allen Neyman has offered his perspective to the legislature on what may or may not be feasible in the real world of home construction. The bill defines “minimum visitability features” as a ground level entrance which meets specified height, width, and accessibility characteristics and a circulation route from the ground level entrance to an unattached garage, parking space, or public right-of-way free of specified impediments or vertical changes in level greater than 1.5 inches. “New home” is defined as a newly constructed single-family dwelling unit. A new home does not include a custom home or mobile home as defined elsewhere in law. The bill provides exemptions for issues arising out of location, construction and flood level elevation. The bill passed after several years of guidance and input from the home building industry and AIA MD. AIA MD initially opposed a bill defining the term "International Green Construction Code" and authorizing the Department of Housing and Community Development and local jurisdictions to adopt the Code by regulation. AIA MD then agreed to support the bill once the sponsor offered amendments acceptable to AIA MD. The amendments enable local jurisdictions to amend the International Green Construction Code and make the Act effective March 1, 2012. Many thanks to the AIA MD Board of Directors who poured over the dozens of bills which were considered during the 2011 Session, President Steve Kahle who
wrote the letters of support, opposition and “friendly advice” when necessary, and Executive Director Pam Rich for producing the testimony for the hearings. |
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