Category: Advocacy

AIA Colorado 2020 Ballot Guide

Posted on by Jon Bell

Overview

Welcome to the AIA Colorado 2020 Ballot Guide, providing a brief overview of the entire statewide ballot with a more detailed look at everything of particular relevance to the architecture profession in the following categories:

  • Federal Elections
  • Colorado Legislature Elections
  • Colorado Ballot Measures

An important reminder: Mailed ballots will start arriving the week of October 12 if you are already registered to vote at your current address. With the current delays in USPS delivery times, promptly completing and returning your ballot will help statewide efforts towards a smooth election season in Colorado. Local government websites typically feature a list or map of ballot drop-off locations as an alternative to mailing back your ballot.

If you’re looking for in-depth non-partisan information, ballotpedia.org is highly recommended and all registered voters have (or will) receive a Colorado 2020 State Ballot Information Booklet (the “blue book”) in the mail.

AIA Colorado does not endorse candidates for office. ARCpac, the Architects of Colorado Political Committee, has made campaign contributions to state legislature candidates as detailed in the state races section below.

Federal Elections

This section hardly needs an introduction if you’ve been paying any attention to the news lately. Architecture-related issues are probably far down the list of priorities for any voter at the federal level, but here are the races on the 2020 ballots.
President
President Trump (R) is running for reelection this year in one of the most closely watched races in recent memory. In addition to typical partisan issues common to presidential races, we’ll see very different responses to the continuing COVID-19 pandemic from each candidate, likely to occupy their attention for at least the first year of the next term.

  • Republican (incumbent): Donald Trump, (2017-current)
    • VP: Mike Pence (2017-current)
  • Democrat: Joe Biden, former Vice President and US Senator (DE)
    • VP: Kamala Harris, U.S. Senator (CA)

U.S. Senate
As the Democratic party looks to regain control of the U.S. Senate (currently held by Republicans 53-47), Colorado is one of their highest priority races. This has brought additional outside spending and national attention to our senate race this year.

U.S. House of Representatives
There is less at stake in the U.S. House this year, as Democrats are expected to retain their control of the chamber by a comfortable margin. In Colorado, HD-3 has gotten the most attention as the only race without an incumbent, after Rep. Scott Tipton lost his primary.
U.S. House, Congressional District 1 (Denver)

U.S. House, Congressional District 2 (Northern Front Range)

U.S. House, Congressional District 3 (Mountains, South, and West Colorado)

U.S. House, Congressional District 4 (East Colorado)

U.S. House, Congressional District 5 (Colorado Springs)

U.S. House, Congressional District 6 (East Denver Metro)

U.S. House, Congressional District 7 (North Denver Metro)

Colorado Elections

Every two years, there are elections in all 65 House districts and half of the 35 Senate districts. The outlook for 2021 is that Democrats will retain their strong majority in the House, likely holding 40-42 of the 65 seats. On the Senate side, Democrats are also expected to retain control with 19-20 of the 35 seats. ARCpac has made contributions to the following candidates:

Boulder Metro Area
Tracey Bernett (D-Longmont) HD-12
Colorado Springs Metro Area
Mark Baisley (R-Douglas County), HD-39
Terri Carver (R- El Paso County), HD-20
Paul Lundeen (R-Monument), SD-09
Denver Central Metro Area
Chris Hansen (D-Denver), SD-31
Denver East Metro Area
Janet Buckner (D-Aurora) SD-28
Denver North Metro Area
Shannon Bird (D-Westminster) HD-35
Yadira Caraveo (D-Thornton) HD-31
Kyle Mullica (D-Thornton) HD-34
Kevin Priola (R-Henderson) SD-25
Denver South Metro Area
Kevin Van Winkle (R-Highlands Ranch) HD-43
Denver West Metro Area
Rachel Zenzinger (D-Arvada) SD-19
Greeley/Loveland Metro Area
Mary Young (D-Greeley) HD-50
 
Judge Retention
In Colorado, judges are appointed to their positions by elected officials, then reviewed by the non-partisan Colorado Office of Judicial Performance Evaluation after two years and are put on the ballot for a retention vote. After the first vote, subsequent votes happen every 4-10 years based on the position.
Judge retention doesn’t affect the architecture profession, but you can look up recommendations for retention in your county here. Only two of the 104 judges reviewed across the state this year did not receive favorable recommendations in their review.

Colorado Ballot Initiatives

There are 11 statewide measures on the 2020 ballots. None directly affect the practice of architecture, but the paid family/medical leave measure could affect firms and many measures have state or local budget implications. It’s important to emphasize that Colorado has suffered a massive budget shortfall in 2020 (~$3 billion, reduced to $2 billion after federal assistance) due to the economic impacts of COVID-19. The 2021 budget will be similarly affected.
Architecture-related state budget items include B.E.S.T. grants for K-12 schools, historic preservation tax credits, and capital construction projects for state-owned buildings (including public universities). In a budget shortfall situation, the state spends significantly less on capital construction (including maintenance) projects. If a state-funded program such as BEST loses its funding entirely, the reality is that it becomes much more difficult to bring it back in the future. It’s unknown if these state-funded programs will see additional cuts or how severe they might be. The bigger the shortfall, the more likely they get affected though.
All measures are listed here for the sake of completeness, but only those of interest to members will include details. Propositions are statutory changes and like any state law, can be changed by future legislative efforts. Constitutional amendments, if passed, can only be changed by the voters should a new amendment be approved for a future ballot. Numbered measures were instituted by the public and submitted signatures for approval. If identified by letters, the state legislature voted to put the measure in front of voters.

Proposition 113 – Adopt Agreement to Elect U.S. Presidents By National Popular Vote
Not related to the architecture profession.

Proposition 114 – Restoration of Gray Wolves
Not related to the architecture profession.

Proposition 115 – Prohibit Abortions After 22 Weeks
Not related to the architecture profession.

Proposition 116 – State Income Tax Rate Reduction
Colorado has a flat income tax rate of 4.63 percent. If passed, it would be reduced to 4.55 percent. The state estimates next year’s budget would be reduced by approximately $170 million. This could affect architecture-related state budget items.
Another important note is that in Colorado, voters must approve any income tax increase. This tax cut cannot simply be undone in the future by the state legislature like other proposition ballot initiatives.

Proposition 117 – Voter Approval Requirement for Creation of Certain Fee-Based Enterprises
In this context, a fee-based enterprise is a state-owned business that is largely reliant on user fees for funding. State universities are an example of such an enterprise. If passed, this measure will require future and existing fee-based enterprises over a specific revenue threshold (affecting 7 of the current 22) to be approved by voters. These enterprises have become popular in Colorado exactly because they aren’t a tax increase that requires voter approval. This measure takes away that exemption. If voters don’t approve the enterprise, it must seek alternate funding sources or cease operating.
These enterprises don’t typically fund individual building projects, but some do directly fund infrastructure projects and indirectly result in building projects (state universities in particular). The removal of any fee-based enterprises will impact future state budgets, but the extent can’t be predicted since voters may keep or vote down enterprises individually.

Proposition 118 – Paid Family and Medical Leave Insurance Program
If passed, this program would require paid family/medical leave benefits for nearly every employee in the state. The funding is split between employers (with more than 10 employees) responsible for part and employees themselves paying through a deduction every paycheck. However, businesses that offer qualifying benefits already will be exempt from paying premiums.
This type of program has had champions in the state legislature for multiple years now but could never get the votes to pass. Proponents argue that lower income earners deserve these paid benefits just as much as higher income earners (who’s employers are already more likely to offer them). Opponents of this ballot measure point out that many businesses are already stressed by the current economy and may not be able to afford to fund their share. Future premiums may increase if today’s funding projections prove inaccurate.

Proposition EE – Increase taxes on nicotine products
If passed, nicotine (including vaping) products will be taxed at a higher rate, raising an estimated $168 million next fiscal year. Revenue will primarily target preschool funding and rural school financial support, as well as tobacco education programs.

Amendment 76 – Citizenship Qualification of Electors
Not related to the architecture profession.

Amendment 77 – Local Voter Approval of Gaming Limits in Black Hawk, Central City, and Cripple Creek
Colorado’s constitution places strict betting and game type limits in Colorado casinos. This amendment gives local jurisdictions with casinos the ability to expand their games and betting limits if local voters approve.
This change is anticipated to increase tax revenue from gambling in Colorado. Of note to architects, 28 percent of this gaming tax goes to the State Historical Fund for preservation of historic sites in Colorado.

Amendment B – Repeal Property Tax Assessment Rates
This amendment is tricky to explain, so let’s start with the key takeaways. Passing the amendment effectively keeps residential property taxes at their current levels. These taxes are primary funding sources for school districts across the state. They also fund other local government services to varying degrees, depending on the jurisdiction. The state legislature would also have greater ability to adjust property tax rates in the future, but rate increases would require statewide voter approval like any other tax increase. If it does not pass, local governments will have to either deal with budget shortfalls (especially for K-12 education) or get local voter approval to raise taxes enough to offset the shortfall.
Statewide school district revenue is estimated to drop $491 million if Amendment B fails. There will be fewer K-12 construction projects across the state. Local budget shortfalls will likely trigger changes to the state budget as legislators look at how much the state should offset that drop in local tax revenue. Opponents of Amendment B note that local governments can continue to propose specific tax increases to offset this loss on their own (subject to voter approval). There are also concerns that this amendment makes it easier to raise residential property taxes in the future, which will make housing less affordable in general. Rental properties in particular will pass these costs on to renters.
Why is this a constitutional issue? The “Gallagher amendment” added to the Colorado constitution in the 1980s created a requirement that residential properties taxes must be 45 percent of the total combined residential and commercial property taxes. This keeps residential property taxes low in general. In the ’90s, the Taxpayer Bill of Rights was added to the constitution and it says any tax increase in Colorado must be approved by voters as a ballot measure. If the economy in Colorado takes a sharp downward turn (as it certainly has in 2020 due to COVID-19), there will be a drop in commercial property taxes collected by the state. This forces residential property taxes to drop as well. That’s great for individual taxpayers, but it wreaks havoc on local budgets where different services are funded by different taxes. The lost revenue is immediate but trying to rebalance or increase tax revenue takes significantly more time since voters must approve it.

Amendment C – Bingo Raffles Allow Paid Help and Repeal 5-year Minimum
Not related to the architecture profession.
 
For more information or to discuss any amendments, email Nikolaus Remus, AIA, Advocacy Engagement Director.

How to Research a Candidate

Posted on by Jon Bell

Have you been wondering who is running in our local elections? Where does each candidate stand on the issues? And what are some trusted sources to get educated on candidates and issues? We’re here to help you sift through the daunting Google search results. During our process, James Coleman will be referenced as an example—not as an endorsement, but simply as an illustration as we walk you through how and where to learn more about your local lawmakers.

If you’re starting from the square one, first register to vote! The Colorado Secretary of State website offers online voter registration. Now that that’s done, let the research begin. Navigate to Find My Legislator to find out who your current legislators are in the house and senate, as well as what house and senate districts you live in. Once you have your house and senate districts identified, you can use Ballotpedia to identify who is running in 2020 in your district races.

Once you have identified your candidates, you can begin your research. To start with a cut and dry look at an incumbent candidate, go to the Colorado state government website to find the registry of current legislators. On the legislator’s page, you’ll find information on their occupation, party affiliation, any leadership positions, committee assignments, sponsored bills and resolutions, as well as contact information. In addition, there are links to the sponsored bills and resolutions for a brief summary of what the legislator supported. Ballotpedia is another good starting resource for information on incumbents and non-incumbents. The Ballotpedia page includes the candidates sponsored legislation, in addition to a general biography of the candidate and their election history.

Now that you have the background on a candidate, the next stop will be the candidate’s website, typically found through a simple search engine. Their website will give insight into the candidate and the campaign from their perspective. In the case of James Coleman, there are tabs for ”issues,” ”endorsements,” “news,” and “ways to get involved,” including volunteer opportunities and through monetary donations. The candidate’s Facebook page and other social media channels are a great next stop and, similar to their website, will be a resource to get to know the candidate in their own words and through a more informal platform. In the case of James Coleman, his Facebook page had personal information, resources for constituents for things like help during the pandemic and the cold weather resources, as well as “Convos with Coleman,” which are hosted on Facebook and cover a wide variety of pertinent topics.

By using this article as a research guide, a lot can be learned about a gleaned about a candidate quickly by cutting through the formidable search results and offering some proven resources.

Tips for finding the right civic engagement opportunity

Posted on by Jon Bell

Architects engage with our communities every day through the work we do. Clients, contractors, building occupants, local governments, and neighborhood residents are just some of the some of the groups we interact with, educate, and inform.

These skills that we bring to all our projects also create opportunities to be leaders in our communities beyond the practice of architecture. There are numerous ways that members of the architecture profession can really make a difference, no matter what stage of our careers.

Whatever your motivation is, there are both personal and professional benefits to local civic engagement. It can be a networking opportunity to meet potential clients. You can build better relationships with local governments and elected officials. You can develop leadership skills to bring back to your professional life. You can gain better insight on the issues that matter to residents. You can help develop more sophisticated public policy and city ordinances. You can get involved simply to make your neighborhood a better place.

So what should AIA Colorado members go out and do? How can we be most effective? Here’s are some suggestions on how to find the right opportunity for you!

  1. First and foremost, find something based on your personal interests. Civic engagement can be more than community service or supporting a charity. It’s about using your expertise in a way that positively impacts the community.
  2. Figure out a realistic time commitment. We’re all already busy at work and at home. Don’t burn yourself out. Sure, it would be great if there were an architect member on every city council, but be realistic about your commitment. If all you have is one evening a month to attend your neighborhood association meeting, they’re still better off for having an architect involved.
  3. Stick to your time commitment. Easier said than done sometimes, but make a conscious effort to follow through. Your efforts and ideas will go a lot farther as someone who’s regularly engaged.
  4. Be active, not just present. Speak up when you’ve got something to contribute. Earn trust. Lead when there’s an opportunity.
  5. Move on to something new when the time is right. This goes back to point number two, but you’re not making a lifelong commitment to a single effort.

2018 Legislative Session Report

Posted on by Jon Bell

Since January, we have been hard at work advocating on behalf of architects at the State Capitol. Now that the 2018 legislative session has ended, we’ve pulled together a summary of the decisions that could impact you as an architect.

Bill topics are organized by the categories used in our Directory of Public Policies and Positions.

Let’s begin with a few salient background details: Our governor, John Hickenlooper (D), is in his last year in office. The House has a strong Democrat majority, and the Senate has a slim Republican majority. 2018 is also an election year. This means every seat in the House (65 total) and half the seats in the Senate (17 of 35) will have an election in November.

With different parties in control of the House and Senate, bills sponsored by only Democrats will fail in the Senate, and bills sponsored only by Republicans fail in the House. Being an election year, there are more grand-standing bills than usual, and both parties scuttled bills introduced by legislators in competitive races. Only 444 of the 721 bills we saw this year made it to the Governor’s desk.

Thank you to all our Government Affairs Committee and Legislative Subcommittee for all the work you put in during session. If you know anyone listed below, take a moment to thank them for their efforts reviewing and evaluating every one of the 721 bills (a new record!) introduced this year:

2018 Legislative Subcommittee Roster:

  • Anthony Ries, AIA; 2018 GAC chair
  • TJ. Carvis, AIA
  • Brandon Gossard, Assoc. AIA
  • Curtis Scharfenaker, AIA
  • Scott Shea, AIA
  • Jerry Johnson, Hon. AIA/CO; Lobbyist
  • Nikolaus Remus, AIA; AIA Colorado staff

Many of the bills listed below were passed in the final days of the session and, where noted, have not yet been signed by the Governor. It’s not uncommon for bill signing ceremonies to be scheduled in the weeks following the session end, and we do not anticipate any of the bills below getting vetoed.

Supported by AIA Colorado: Tax Credits for Historic Preservation Projects

We would like to recognize Liz Hallas, AIA for representing architects at the bill’s first committee hearing. This bill is important because it extends existing tax credits for historic property revitalization projects through 2029. Residential historic properties now also have more access to the tax credits. This will increase the number of historic preservation projects in the state, which directly supports our members involved in these projects. Communities across Colorado also benefit when iconic buildings in need of repair get the renovations they deserve and an increased lifespan.

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Other Bills of Interest Monitored by AIA Colorado

Architectural Licensing and Regulation of Practice

There are efforts in legislatures across the country to reduce the number of licensed professionals and occupations regulated by state governments. These bills don’t specifically target the architecture profession, and generally state that licenses directly related to public health, safety and welfare should not be de-regulated. However, the AIA is seeing exactly the same language used in most of the bills introduced.

Architects in other (typically conservative) states don’t have the same level of license protection we have here in Colorado, so we’re watching this category of bills closely. Two licensure-related bills were introduced in the Senate this year, but both failed in committee hearings in the House.

  • PASSED (pending Governor’s signature): HB18-1418 Use of Criminal Convictions in Employment

It will now be easier for individuals with criminal convictions to obtain a license in Colorado, provided their convictions are unrelated to the license or profession being pursued. DORA still has numerous criteria at their disposal to evaluate the relevance of a prior conviction, but can no longer deny a license based solely on the vague notion of “good moral character” as was previously used in statute.

Licensed professionals in Colorado now have better defined procedures for mediation proceedings when a state agency are facing revocation of their license for alleged misconduct.

  • FAILED: HB18-1038 Land Surveyors Continuing Education Requirement

This would have added continuing education requirements for licensed land surveyors. We opted not to take a position on this bill since it did not directly affect architects, but we were concerned about the “continued competency” language used in the bill with respect to continuing education. If there isn’t a system in-place to measure “continued competency,” then its use results in a vague requirement that is difficult for both DORA and the licensed professionals affected to comply with. In previous years, architects have successfully fought against the phrase “continued competency” being used in our section of statute. Ultimately, the Senate was not convinced that land surveyors needed continuing education at all and the bill failed.

  • FAILED: SB18-193 Limit State Agency Occupational Regulations

This bill had two specific purposes. The first was to make DORA and related state agencies review every current licensed occupation/profession to determine if they are utilizing the “least restrictive regulation” possible, then de-regulate those that don’t qualify under the new criteria. The second purpose would have allowed individuals to file lawsuits against DORA if they thought an occupation or profession was being over-regulated.

  • FAILED: SB18-236 Least Restrictive Regulation Professions and Occupations

This bill would have made it more difficult for new occupations or professions to start to become regulated in the state. This bill had a similar list of “least restrictive regulation” options to SB18-193.

Liability and Tort

There was a sense of fatigue at the capitol this year on the subject of construction defect reform, after the effort required to pass last year’s HOA lawsuit reform bill. As a result, legislators opted to focus on other subjects this year instead of further attempts to reduce construction defect lawsuits.

  • FAILED: HB18-1261 Colorado Arbitration Fairness Act and HB18-1262 Arbitration Services Provider Transparency Act

These would have added more transparency to the arbitrator selection process for architects using (or subject to) arbitration clauses in contracts. Both passed in the House but failed in committee hearings in the Senate.

Sustainability and Resilience

The 2018 legislative session saw a number of bills in this category introduced by Democrats this year, but few made it through the Republican-controlled Senate. There were still a few success stories that promote sustainability and energy efficiency in the built environment though.

These bills make it allowable to use reclaimed water for toilet flushing and to water edible crops. Due to a series of complex water-use laws and agreements in Colorado, use of reclaimed water for any purpose is a challenge. Architects working with a focus on sustainability will want to talk to your clients and engineers about how you can incorporate reclaimed water

An income tax credit is now available to homeowners who retrofit their home with improved accessibility or aging-in-place accommodations. If you work on these projects, we recommend you bring up this option with your clients to determine if they may qualify for the credit.

  • PASSED (pending Governor’s Signature): HB18-1394 Update Colorado Disaster Emergency Act

The Colorado Disaster Emergency Act is being updated after a multi-year effort to identify inefficiencies. Much of the bill is unrelated to the architecture profession, but the bill also directs the Colorado Resiliency Office to maintain a “Resiliency and Community Recovery” program. Since resiliency in our communities is becoming a priority for AIA National, we’re looking at ways to get more involved in these efforts already in place here in Colorado.

  • PASSED (pending Governor’s Signature): SB18-003 Colorado Energy Office

The Colorado Energy Office’s function has been expanded to oversee and promote responsible use of all energy/electricity generation methods in Colorado, not just renewable energy sources. While this expansion was opposed by Democrats last year, it was a necessary compromise with the Senate to continue funding the office.

Rural communities facing a significant negative economic event can now receive assistance from the state to limit the impact on jobs within the community. While this will not result directly in new construction projects, we applaud this effort to preserve communities that have a higher risk of losing their stability after a significant economic event.

  • PASSED: SB18-009 Allow Electric Utility Customers Install Energy Storage Equipment

Good news for architects working on projects with on-site electricity generation. Individuals are now allowed to install energy storage equipment on their personal property thanks to this bill. Rules and regulations will be developed by the Colorado Public Utilities Commission.

Governmental Regulation of the Built Environment and Funding Appropriations

Building codes and safety standards don’t see a lot of action at the state capitol, but there was one bill of note on the subject of excavation standards for buried utility lines. Also listed here are the various bills pass this year allocating money for state-owned capital construction projects.

Additional marijuana tax revenue is being dedicated to the BEST (Building Excellent Schools Today) program. In addition to the current $40 million put into the program, 90% total of the actual tax revenue above beyond that amount will still be allocated specifically to capital construction projects.

Moving forward, schools applying for BEST grant assistance must include a plan for future use or disposition of existing facilities that will now longer continue their current use if the grant is received.

This bill adds protections to land classified residential use, even after the land undergoes improvements or  existing residential structures are removed, that might trigger a review of its use classification. The protections are time-limited, with the intent the owner will immediately redevelop the land for a use allowable under its previous classification.

While this may not affect architects directly, the state now has better define rules on how quickly money must be allocated to a specific capital construction project (typically three years). This means that when the state decides to invest in a project, the project will begin in a reasonable timeframe.

For architects or your clients that have pursued a “low income housing” tax credit, this bill changes the name to a “affordable housing” tax credit. This bill also extends these credits through the end of 2024.

  • PASSED (pending Governor’s signature): SB18-167 Enforce Requirements 811 Locate Underground Facilities

Rules for locating and excavating around buried utility lines (“underground facilities” per statute language) have been significantly updated. You may remember a similar bill last year that would have put an undue burden on architects to assume liability for underground facility locations on project sites. A work group was assembled last summer, including architects and professional engineers, to propose changes to the bill that would protect excavators without creating liability for architects. Fortunately, the bill that passed this year no longer affects architects, and is now only applicable to projects that are primarily horizontal construction (roadways, etc.).

A dedicated maintenance fund will be created for the Governor’s mansion. This will not limit funding requests made through current processes.

A dedicated maintenance fund has been created for the controlled maintenance needs of the Ralph L. Carr Colorado Judicial Center.

© AIA Colorado 2026