ADVOCACY AND THE DESIGN OF DESIGN
Kenneth J. Filarski FAIA, LEED FELLOW, LEED AP BD+C, SITES AP, AICP, CFM, SAP+AEER, NCARB
FILARSKI/ARCHITECTURE+PLANNING+RESEARCH
Advocacy is strategic. Advocacy is by design. A few years ago former AIA President Dan Hart FAIA, PE, popularized “Design is our Superpower.” Indeed it is, but we have another superpower. That other superpower is the DESIGN OF DESIGN. The Design of Design comes about when we incorporate design thinking to create and initiate actions, programs, policies, and legislation that have a greater synergy and impact for citizens, society, our planet, and yes architects…far more than the impacts of any one building.
Design of Design is our force multiplier, leveraging design thinking as a catalyst for innovative solutions and collaborative initiatives in advocacy.
In the DESIGN OF DESIGN for legislation here is an overview of three legislative wins and learned practices.
LEGISLATION ENACTED INTO STATE LAW…
The Green Buildings Act, RI General Law § 37-24, https://webserver.rilegislature.gov//Statutes/TITLE37/37-24/INDEX.htm became law in 2009. The Act was historic as Rhode Island was the first state in the nation to incorporate LEED as the high performance green building standard for public buildings, public structures, and public real property for all state and municipal projects over 10,000 sf for new construction and over 5,000 sf for renovation. The 2017 and 2022 amendments to the Act were again historic as Rhode Island became the first state to not only include LEED into public law, but also LEED for Neighborhood Development and SITES - The Sustainable SITES Initiative into public law. The RI Chapter of the American Planning Association awarded The Green Buildings Act with their prestigious "Award for Sustainability and Resilience", the only time APA/RI has given an award to a legislative initiative.
LEGISLATION SOON TO BE ENACTED INTO STATE LAW…
Hot off the Rhode Island legislative chambers are two bills which had companion legislation in both the House and the Senate. House Bill No. 5155 SUB A and House Bill No. 5157 SUB A both passed the House by a 73-0 and 68-0 votes. The companion Senate Bill No. 671 SUB A and Senate Bill No. 672 SUB A both passed the Senate by a 37-0 vote. Under the Emergency Management statute the bills provided that any disaster response worker shall, in the course of their duties, be considered a state employee and be entitled to all rights in like manner as state employees. Under the Architects statute the bills provide that architects, engineers, and other authorized disaster response workers be considered, in the course of performing their duties, state workers and be entitled to all rights in like manner as state employees. Both the House and the Senate bills respectively were unanimously passed in concurrence by both Chambers and forwarded to the Governor for his signature.
Words mattered here as the disaster responders were not termed as State employees as those words would entail numerous State personnel issues. In discussions with the Speaker of the House’s Chief Legal Counsel, the wording noted above was deemed appropriate for this legislation. The wording further opened the door for out of state architects and engineers to be deployed in Rhode Island under EMAC, the Federal Emergency Management Assistance Compact.
REGISTER AS A LOBBYIST. Doing so demonstrates one’s acknowledgment of the political process, providing visibility and expanded access to your elected officials and their staffs. It also makes you known to other lobbyists. I am not a paid lobbyist and do not hold out myself as a lobbyist with multiple clients. My lobbying efforts are very focused to what I believe in, and to the legislation I author.
CONTACT AND INFORM YOUR LOCAL ELECTED REPRESENTIVES. Support begins in your district. Your legislator will be glad to hear from you. Always ask them for their support.
STATE THE LEGISLATIVE FINDINGS IN YOUR LEGISLATION AS IF THE FINDINGS WERE A STATEMENT OF THE DESIGN INTENT OF YOUR LEGISLATION. As an example is the link to the legislative findings of The Green Buildings Act, https://webserver.rilegislature.gov//Statutes/TITLE37/37-24/37-24-2.htm Consider this as Conceptual Design.
WORDS MATTER. The same holds true for key phrases, especially in the legislative findings of proposed legislation. In the 2009 Green Buildings Act "public buildings", "public structures", and "public real property" established the basis for LEED as the high performance green building standard for "public real property". In the 2017 and 2022 amendments, LEED for Neighborhood Development and SITES - The Sustainable SITES Initiative were integrated into the Act to address "public structures", and "public real property". Foresight in crafting legislation is always a good thing. Design Development at work here. Also refer abvoe to "Legislation Soon To Be Enacted…".
STATE THE STRATEGIC IMPORTANCE OF THE LEGISLATION AND INTEGRATE IT WITH OTHER CRITICAL LEGISLATION. The Green Buildings Act is stated as "…a strategic tool to achieve the greenhouse gas emission reduction targets and other objectives of chapter 6.2 of title 42 (“2021 act on climate”) and the work of the executive climate change coordinating council established in § 42-6.2-1. Similarly with the two bills awaiting the signature of our Governor, the integration with EMAC, the Emergency Management Assistance Compact, building and life safety, and economic recovery, were important factors in the unanimous passage of these two bills in the RI House and RI Senate. Now we are in the Construction Documents of legislative design.
MAKE THE ECONOMIC ARGUMENT. Fuel efficient cars, weatherization of buildings, renewable energy systems are responses to external conditions such as the Arab oil embargo, but they became accepted because they are pocket book issues driving their adoption more so than aspirational environmental goals. The legislative findings for The Green Buildings Act state that these high performance standards save energy, reduce water consumption, improve indoor air quality, make the workers and students more productive, and that the Act is necessary to more efficiently spend public funds. Legislators are very mindful of the public cost of legislation. Make the business case to the public, non-private, and the private sectors.
BUILD YOUR VALUE CASE. As an example, do it with quantitative data and the qualitative stories of dollars and resources saved, human/ecological health enhanced, carbon captured, climate action/human/environmental equity, demonstrating the value and power of your legislative initiatives.
NURTURE RELATIONSHIPS AND COLLABORATIONS. Start now and resolutely continue over time - with your collaborating organizations, other lobbyists, and especially the elected general officers, state senators, state representatives, and your Congressional delegation. Get to know them, their interests outside of politics, how their family is doing. While the natural allies toward architecture interests rest with environmental organizations, reach out to the laborer’s unions, the AFL-CIO. In 2014 while developing and lobbying for carbon dividend legislation I reached out to those respective unions. It was the first time that an architect had approached them on any legislation. While they understood the long term benefits to their union members, their national organization was not at that point and would oppose it. They agreed to consider the legislation in the future, and more importantly they stated that they would not oppose the legislation, which was a victory in and of itself. Those doors that were opened paid dividends in the years after. Support other organizations in their legislative initiatives.
NUMBERS MATTER. Just as words matter, numbers do as well. Demonstrate the metrics of the support you have behind you. Elected officials need to know that your "ask" is the ask of many, not just a few or just you. Author op-eds, distribute them on the desks of the legislators. Make the qualitative case for your legislation, the quantitative case of what can be accomplished, and the quantitative numbers of the support behind you. Here is an example of the support demonstrated for The Green Buildings Act amendment in 2016 by creating a holistic vision of an ecological continuum of sustainable buildings, landscapes, and neighborhoods for Rhode Island, I was able to bring together the following at that time, and many more organizations with greater overall numbers since.
- the Environmental Council of Rhode Island (ECRI) comprised of 67 organizations representing over 45,000 members, with ECRI placing the bill on their significant Legislative Priority List;
- the RI Green Infrastructure Coalition a statewide organization comprised of over 54 non profit, profit, and governmental organizations;
- the Rhode Island Builders Association comprised of over 1,000 member companies;
- Grow Smart RI, an influential organization of prominent business leaders promoting intelligent and strategic land use;
- the U.S. Green Building Council Rhode Island comprised of over 423 LEED Accredited Professionals working in a wide range of industries, and 33 National Member Companies of the U.S. Green Building Council;
- the national organization of the U.S. Green Building Council with over 12,000 member companies nation wide.
ATTEND FUNDRAISERS. More work and progress gets accomplished at fundraisers than on the respective legislative Chamber floors. While legislative objectives remain in focus as one purpose of attending, the atmosphere is decidely more relaxed, congenial, and conducive to a more substantive and connecting conversation. One does not have to donate the asked amount. You can donate less, but let the government official know that circumstance. By and large they will be appreciative of your attendance and any contribution you can make.
BE CONCISE, SINCERE, FACTUAL, AND KNOWLEDGEABLE. When speaking with elected officials and in your testimony before a legislative committee, speak from your heart. Submit written testimony beforehand, and do not read from, or repeat verbatim, what is in your written testimony.
BE GRACIOUS AND EXTEND YOUR GRATITUDE, ACKNOWLEDGING THOSE WHO WORKED TO GET THE LEGISLATION INTO LAW. with them the cumulative success that all have achieved together. The Rhode Island Chapter of the American Planning Association awarded The Green Buildings Act with their prestigious "Award for Sustainability and Resilience", the only time APA/RI has given an award to a legislative initiative. Named on the award plaque were the prime sponsors of the bill, the Chairs of respective committees that heard the bill, the Senate President, the Speaker of the House, and the Governor. All were invited to the APA/RI Awards Ceremony and acknowledged for their accomplishment.
PROMOTE PROMOTE PROMOTE - HERALD YOUR ACCOMPLISHMENTS. Spread the word of your success and connections to other initiatives. Work with media outlets, print, electronic, and televised in all their multiple outlets. Submit your accomplishments for award recognitions, state, national, and global publicity as was done with The Green Buildings Act.
Bottom line, there is much to do, much to accomplish for all with the DESIGN OF DESIGN. I never thought I would say this but engaging in advocacy with a design thinking mindset is great fun!
CITIZEN ARCHITECTS…NOW AND FOREVER !