HF 483 (LSB 2350YH (4) 91)

HOUSE FILE 483

BY  THOMSON

A BILL FOR

An Act relating to the design of certain public buildings, including by providing for the appointment of a state architect.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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