States Active on Licensure, Green Building
Legislation to establish or update licensing laws pending

Most state legislatures are well under way, with only Alabama, Florida, and Louisiana yet to convene. Several states are actively considering legislation that directly affects landscape architects, including:

• Colorado SB 107: Establishes licensure for landscape architects. Colorado is one of only two states without regulation of the profession. The legislation was approved by both the House and Senate in 2006 but was vetoed by former Governor Bill Owens.

• New Jersey AB 3855 and Washington SB 5746: Updates the state law to regulate the practice of landscape architecture. New Jersey and Washington are two of eight states with a title law. Michigan legislation to update its title law was expected to be introduced at press time. Similar legislation passed the Michigan Senate in late 2006 but died when the legislature adjourned.

• Missouri HB 117 and SB 31 make changes to the existing licensure law, including establishing penalties for the unlicensed practice of landscape architecture. Legislation has also been introduced (SB 281) to allow the state licensing board to adopt mandatory continuing education requirements for landscape architects. This bill also establishes an “inactive license” and waives the renewal fee for landscape architects over the age of 75.

• Montana SB 54 combines the functions of regulating landscape architects within the state architects’ board. ASLA is supporting this bill in order to streamline costs and maintain a fiscally responsible regulatory program. This action will not increase fees for architects.

• Nebraska SB 396 increases the authorized licensing fee, which has been established by law not to exceed $100. This bill would raise that maximum fee to $300, but fee setting would still be linked to administrative costs.

• New Mexico HB 128 would make several changes in the state licensing law, including establishing a landscape architect-in-training category for those who have met the educational requirements but not the experience or examination requirements for licensure. Eligibility requirements for all licensees would reduce the experience requirement from three to two years with an accredited degree, plus add the ability to qualify as a graduate in a related field with five years of experience, at least one of which must be under the supervision of a landscape architect.

• New York AB 821 establishes a Good Samaritan Act to protect design professionals volunteering in emergency situations. This bill includes landscape architects among those professions protected under the provisions.

Although it remains unclear at this stage how much attention will be brought to these issues, it is promising to see that many states have introduced legislation to require state and/or public school construction to meet green building standards. And in New York, legislation has been introduced to establish a Sustainable Development Task Force to look at a more comprehensive regulatory system for sustainable development practices.

Finally, ASLA has taken note of parallel resolutions in the Hawaii legislature (HCR 26, HR 14/ SCR 22, SR 10) that would direct the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects to promote awareness of family care-giving needs in the design of new residences.

Julia Lent is ASLA's director of government affairs.