House File 483 - Introduced HOUSE FILE 483 BY THOMSON A BILL FOR An Act relating to the design of certain public buildings, 1 including by providing for the appointment of a state 2 architect. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2350YH (4) 91 ss/ns
H.F. 483 Section 1. NEW SECTION . 7G.1 Definitions. 1 For purposes of this chapter, unless the context otherwise 2 requires: 3 1. “Applicable public building” means any of the following: 4 a. A public school building, a building at a state-funded 5 community college, a building at an institution governed by the 6 state board of regents, a city building, a county building, 7 and all buildings owned or financed in whole or in part by the 8 state of Iowa. 9 b. A public structure, other than a public building, that 10 costs or is expected to cost more than one million dollars to 11 design, build, and complete. For purposes of this paragraph, 12 the cost of a public structure shall be calculated using 13 dollars adjusted for inflation using the federal bureau of 14 economic analysis’ gross domestic product price deflator and 15 using 2025 as the base year. 16 2. “Brutalist” means the style of architecture that grew 17 out of the early twentieth century modernist movement that is 18 characterized by a massive and block-like appearance with a 19 rigid geometric style and large-scale use of exposed poured 20 concrete. 21 3. “Classical architecture” means the architectural 22 tradition derived from the forms, principles, and vocabulary 23 of the architecture of Greek and Roman antiquity and later 24 developed and expanded upon by Renaissance architects 25 such as Alberti, Brunelleschi, Michelangelo, and Palladio; 26 such enlightenment masters as Robert Adam, John Soane, and 27 Christoper Wren; such nineteenth century architects as Benjamin 28 Henry Latrobe, Robert Mills, and Thomas U. Walter; and such 29 twentieth century practitioners as Julian Abele, Daniel 30 Burnham, Charles F. McKim, John Russel Pope, Julia Morgan, 31 and the firm of Delano and Aldrich. “Classical architecture” 32 includes such styles as neoclassical, Georgian, federal, Greek 33 revival, beaux-arts, and art deco. 34 4. “Deconstructivist” means the style of architecture 35 -1- LSB 2350YH (4) 91 ss/ns 1/ 7
H.F. 483 generally known as deconstructivism that emerged during 1 the late 1980s that subverts the traditional values of 2 architecture through such features as fragmentation, disorder, 3 discontinuity, distortion, skewed geometry, and the appearance 4 of instability. 5 5. “Department” means the department of administrative 6 services. 7 6. “General public” means members of the public who are not 8 any of the following: 9 a. Artists, architects, engineers, art or architecture 10 critics, instructors or professors of art or architecture, or 11 members of the building industry. 12 b. Persons affiliated with any interest group, trade 13 association, or other organization whose membership is 14 financially affected by decisions involving the design, 15 construction, or remodeling of public buildings. 16 7. “State architect” means the state architect appointed 17 pursuant to section 7G.2. 18 8. “Traditional architecture” means classical architecture, 19 and also includes historic humanistic architecture styles 20 such as gothic, Romanesque, pueblo revival, prairie school, 21 arts and crafts, successionist, Eastlake, Italian Renaissance 22 revival, Victorian, Queen Anne, Spanish colonial, and other 23 Mediterranean styles of architecture historically rooted in 24 various regions of America. 25 Sec. 2. NEW SECTION . 7G.2 State architect —— certificate 26 of need. 27 1. The governor shall appoint a state architect, subject 28 to confirmation by the senate, who shall serve at the pleasure 29 of the governor. The state architect shall be attached to the 30 department for administrative purposes. 31 2. a. Notwithstanding any provision of law to the contrary, 32 an applicable public building shall not be constructed unless 33 the state architect first issues a certificate of need with 34 respect to that applicable public building. Except as provided 35 -2- LSB 2350YH (4) 91 ss/ns 2/ 7
H.F. 483 in subsection 3, the state architect may issue a certificate of 1 need if the architect finds that all of the following apply: 2 (1) The proposed applicable public building is necessary to 3 fill a genuine public need. 4 (2) The plans and proposed mode of construction for the 5 proposed applicable public building reflect a reasonably 6 prudent frugality in the use of state resources, taking 7 into consideration the prominence of the proposed applicable 8 public building, the purpose of the proposed applicable public 9 building, the community in which the proposed applicable public 10 building will be located, and the anticipated lifespan of the 11 proposed applicable public building. 12 (3) The proposed design for the applicable public building 13 complies with the policies of section 7G.3. 14 b. The state architect shall seek input from future users of 15 a proposed applicable public building and the general public 16 in the community where the proposed applicable public building 17 will be located prior to issuing a certificate of need. 18 3. The state architect may issue a certificate of need for 19 a proposed applicable public building that does not comply with 20 the policies of section 7G.3. If the state architect chooses 21 to issue a certificate of need to a proposed applicable public 22 building that does not comply with the policies of section 23 7G.3, including a proposed applicable public building that 24 utilizes brutalist or deconstructivist architectural styles, 25 the state architect shall submit a report to the governor and 26 the department, which shall include all of the following: 27 a. A detailed explanation of why the state architect 28 believes approving the design is justified, including whether 29 the design is as beautiful and reflective of the dignity, 30 enterprise, vigor, and stability of the state of Iowa’s system 31 of self-government as alternative designs of comparable cost 32 using architecture that complies with the policies of section 33 7G.3. 34 b. The total expected cost of adopting the proposed 35 -3- LSB 2350YH (4) 91 ss/ns 3/ 7
H.F. 483 design, including estimated maintenance and replacement costs 1 throughout the expected life cycle of the proposed applicable 2 public building. 3 c. A description of the designs using architecture that 4 complies with the policies of section 7G.3 that were seriously 5 considered for the proposed applicable public building, 6 including the total expected cost of adopting the proposed 7 design, including estimated maintenance and replacement costs 8 throughout the expected life cycle of the proposed applicable 9 public building. 10 Sec. 3. NEW SECTION . 7G.3 Applicable public buildings —— 11 policy. 12 1. It is the policy of the general assembly that applicable 13 public buildings should uplift and beautify public spaces, 14 inspire the human spirit, ennoble the state of Iowa, and 15 command respect from the general public. Applicable public 16 buildings should also be visually identifiable as civic 17 buildings, and, as appropriate, respect regional architectural 18 heritage. Architecture, particularly traditional and classical 19 architecture, that complies with the policy of this subsection 20 is the preferred architecture for applicable public buildings. 21 2. It is the policy of the general assembly that if an 22 applicable public building diverges from the policy set 23 forth in subsection 1, great care and consideration must 24 be taken to choose a design that commands respect from the 25 general public and clearly conveys to the general public the 26 dignity, enterprise, vigor, and stability of Iowa’s system of 27 self-government. 28 3. When renovating, reducing, or expanding an applicable 29 public building that diverges from the policy set forth in 30 subsection 1, it is the policy of the general assembly that the 31 feasibility and potential expense of redesigning the applicable 32 public building to meet the policy set forth in subsection 33 1 should be examined. Where feasible and economical, 34 such redesign should be given substantial consideration, 35 -4- LSB 2350YH (4) 91 ss/ns 4/ 7
H.F. 483 particularly with regard to the applicable public building’s 1 exterior. 2 Sec. 4. NEW SECTION . 7G.4 Governor’s council on improving 3 state of Iowa civic architecture. 4 1. The governor’s council on improving state of Iowa 5 civic architecture is established within the department. 6 The department shall, to the extent possible using existing 7 appropriations, provide the council with such funding and 8 administrative and technical support as the council may 9 require. 10 2. The council shall consist of the following members: 11 a. Three members of the senate, appointed by the majority 12 leader of the senate. 13 b. Three members of the house of representatives, appointed 14 by the speaker of the house of representatives. 15 c. Seven members of the general public, appointed by 16 the governor, to four-year terms of office and until their 17 successors are appointed, except that terms of the initial 18 appointees shall be staggered such that one member is appointed 19 each year. Vacancies shall be filled by appointment of the 20 governor for the unexpired term of the original appointee. 21 d. The state architect. 22 3. Members of the council who are not members of the general 23 assembly shall serve without compensation but may be reimbursed 24 for actual expenses. 25 4. The council shall do all of the following: 26 a. Prepare and submit a report to the governor recommending 27 updates to the department’s policies and procedures to 28 incorporate the policies stated in section 7G.3, including an 29 explanation of how each recommended change accomplishes this 30 goal. The council shall submit the report to the governor by 31 September 30, 2027. 32 b. Advise the state architect on the propriety of the 33 issuance of certificates of need. 34 5. Section 4A.5 does not apply to the governor’s council on 35 -5- LSB 2350YH (4) 91 ss/ns 5/ 7
H.F. 483 improving state of Iowa civic architecture. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to the construction and renovation of 5 certain public buildings. The bill creates the position of 6 state architect, who is appointed by the governor, subject 7 to confirmation by the senate, and serves at the pleasure 8 of the governor. The bill prohibits the construction of an 9 applicable public building, defined in the bill, unless the 10 state architect issues a certificate of need for the applicable 11 public building. The bill allows the state architect to issue 12 a certificate of need for an applicable public building if the 13 proposed design for the applicable public building complies 14 with certain policies of the general assembly, set forth in the 15 bill, regarding the architectural style and public perception 16 of the proposed applicable public building. The bill also 17 allows the state architect to issue a certificate of need to a 18 proposed applicable public building that does not comply with 19 the architectural policies of the general assembly but requires 20 the state architect to submit a report to the governor and the 21 department of administrative services (DAS) detailing the state 22 architect’s reasoning for issuing the certificate of need. 23 The bill creates the governor’s council on improving state 24 of Iowa civic architecture within DAS. The council consists of 25 three members of the senate appointed by the majority leader 26 of the senate, three members of the house of representatives 27 appointed by the speaker of the house of representatives, seven 28 members of the general public, defined in the bill, appointed 29 by the governor, and the state architect. Nonlegislator 30 members of the council serve without compensation but may be 31 reimbursed for actual expenses. Under Code section 2.32A, 32 legislator members of the council receive per diem and 33 necessary travel and actual expenses. The bill requires the 34 council to advise the state architect on the propriety of 35 -6- LSB 2350YH (4) 91 ss/ns 6/ 7
H.F. 483 issuing certificates of need and to prepare and submit a report 1 to the governor recommending updates to DAS’ policies and 2 procedures to incorporate the architectural policies of the 3 general assembly. The council shall submit the report to the 4 governor by September 30, 2027. The bill exempts the council 5 from dissolution as provided in Code section 4A.5 (boards and 6 governmental entities —— dissolution). 7 -7- LSB 2350YH (4) 91 ss/ns 7/ 7