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Regular Session, 2010
HOUSE BILL NO. 1184
BY REPRESENTATIVE SIMON
PUBLIC BLDGS/GROUNDS-ST: Provides with respect to the Percentage for Universal
Design Program
AN ACT1
To amend and reenact R.S. 38:2318.2(A), (B), (D), and (F) and to enact R.S. 38:2318.2(G)2
and (H), relative to the Percentage for Universal Design Program; to provide3
additional definitions; to provide details regarding the implementation of the4
program; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:2318.2(A), (B), (D), and (F) are hereby amended and reenacted7
and R.S. 38:2318.2(G) and (H) are hereby enacted to read as follows:8
ยง2318.2. Percent Percentage for Universal Design Program; established9
A. Recognizing the declaration of rights underlying the state's constitution,10
government is instituted to protect the rights of the individual and provide for the11
good of the whole; hence, the legislature declares it to be the public policy of the12
state that a portion of money spent by the state and state agencies on the construction13
or renovation of state buildings should be spent on implementing principles of14
universal design. In pursuit of this policy, the Percent Percentage for Universal15
Design Program is established for the purpose of providing for the implementation16
of such principles in or on state buildings and grounds to move beyond minimum17
accessibility requirements, maximize accessibility for all users regardless of their18
functional capabilities, and bring to the attention of architects, builders, and the19
public at large the vast benefits that can be realized by implementing universal20 HLS 10RS-1798 ORIGINAL
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design principles in the construction and renovation of all buildings, including those1
privately owned and personal residences.2
B. The following terms as used in this Section shall have the meaning3
provided in this Subsection unless the context clearly indicates otherwise:4
(1) "Construction" means the process of adding structure to real property by5
acquiring and assembling the components of buildings or other physical6
improvements.7
(2) "Renovation" means construction to modify, alter, or change an existing8
building for the purpose of adaptive reuse, reconstruction, or restoration and may9
include modification of any or all building systems. "Renovation" does not include10
a project the principal purpose of which is the rehabilitation of plumbing, heating,11
ventilating, air conditioning, or electrical, or other systems whose purpose is strictly12
utilitarian.13
(2)(3) "State building" means any building, facility, structure, or park built14
or renovated using state funds that will be owned by a department or agency in the15
executive, judicial, or legislative branch of state government, including any16
state-owned lands or space surrounding or integral to the building. "State building"17
does not include vehicular bridges, and tunnels, or sewers, unless such structures are18
adjuncts of the principal element of the project or other non integral structures whose19
purpose is strictly utilitarian.20
(3)(4) "State funds" or "state money" shall not include federal funds or21
insurance proceeds for the construction, replacement, renovation, or improvement22
of a state building damaged by a natural catastrophe when conditions governing the23
expenditure of such monies specifically preclude their use for the utilization and24
implementation of universal design features, nor shall it include state monies used25
as a match for such federal funds or insurance proceeds.26
(4)(5) "Universal design" as more fully defined in Subsection C of this27
Section, means certain design features that are not currently required by the28
Americans with Disabilities Act of 1990, although they may be used to satisfy the29 HLS 10RS-1798 ORIGINAL
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Americans with Disabilities Act requirements and when so utilized, the cost may be1
applied in satisfaction of the two percent monetary requirement of this Section.2
* * *3
D. Except as otherwise provided in this Section, whenever the construction4
or renovation of any state building for which the estimated construction cost exceeds5
more than two million dollars of state funds, whether obtained from the sale of bonds6
or otherwise, is to be spent by a state agency for the construction or renovation of a7
state building, the agency that contracts for the construction or renovation shall8
expend two percent of the state money total cost shall be used to utilize and9
incorporate universal design principles.10
* * *11
F.(1) In order to allow for the highest level of flexibility, innovation, and12
imagination to be applied to the implementation of the Principles of Universal13
Design, the following provisions establish the philosophical concepts that are to be14
utilized in the design, construction, or renovation of state buildings:15
(1) The requirement to incorporate principles of universal design into the16
design shall be made part of the architectural program for all applicable projects.17
(2) The universal design requirement shall be stated in any advertisements18
or other solicitations for the procurement of building construction or building19
renovation design services.20
(3) The architectural program, including the requirement to incorporate21
principles of universal design shall be made part of the design contract for all22
applicable projects.23
(4) Features following the principles of universal design shall be determined24
by the designer and confirmed by the owner.25
(5) During the development of the design of the project and no later than the26
beginning of the production of construction documents, the designer shall review the27
principles of universal design, existing examples of universal design, and other28 HLS 10RS-1798 ORIGINAL
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information and use this information to identify and develop features that utilize1
universal design principles as well as conforming to the mission of the project.2
(6) The designer shall translate these principles into design features the cost3
of which will make up at least two percent of the estimated construction cost.4
(7) The designer shall provide a report in a format defined by the owner5
including the following:6
(a) An itemized list of each feature that adheres to the principles of universal7
design.8
(b) A dollar value for each feature.9
(c) A description of each feature and an explanation as to why each feature10
is above and beyond standard practice for the occupancy and quality level of the11
project.12
(8) The owner shall review this report and verify that the features follow the13
principles of universal design and that the cost allocation is reasonable.14
(9) Approval of this report will authorize the designer to incorporate the15
features in the project design. Once approved, this report will be final and will serve16
as the documentation of compliance with the provisions of this Section unless the17
project scope is changed in such a way that the estimated construction cost is18
increased by more than two percent. If this situation occurs, the designer shall19
modify his report by including additional features or expanding existing ones to20
maintain the minimum two percent requirement.21
(10) Questions about the validity of proposed universal design features22
between the designer and the owner that cannot be resolved may be referred to an23
advisory group established by Louisiana Chapter of the American Institute of24
Architects in accordance with Paragraph (G)(2) of this Section. Features determined25
to be invalid will not be included in the approved list and the designer shall modify26
his report to include additional features or expand existing ones to maintain the27
minimum two percent requirement.28 HLS 10RS-1798 ORIGINAL
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(11) If the construction contract award amount varies from the estimated1
construction cost it will be presumed that all costs vary on a proportional basis and,2
accordingly, the cost of the universal design features will continue to represent two3
percent of the total cost.4
G.(1) The commissioner of administration may adopt additional rules not5
inconsistent with the stated intent of this program to implement the provisions of this6
Section. Any such rules shall be adopted in accordance with the Administrative7
Procedure Act and subject to oversight and approval by the House and Senate8
committees on transportation, highways, and public works. 9
(2) The commissioner may also solicit the assistance and advice of the10
Louisiana Chapter of the American Institute of Architects in determining whether a11
particular design feature complies with the intent and principles of universal design.12
Neither the Louisiana Chapter of the American Institute of Architects nor any13
member thereof shall be liable for any opinion, assistance, or advice rendered14
pursuant to this Section. 15
H. No member of the general public shall have a cause of action for damages16
against the state, the commissioner of administration, nor any employee of the17
division of administration for the inclusion or failure to include a particular design18
feature.19
(2) The rules provided for in this Section shall contain standards for20
construction and renovation and this Section shall not be implemented until such21
rules have been finally promulgated in accordance with the Administrative Procedure22
Act and shall be specifically subject to oversight and approval by the House and23
Senate committees on transportation, highways, and public works.24 HLS 10RS-1798 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Simon HB No. 1184
Abstract: Provides details for the implementation of the Percentage for Universal Design
Program
Present law establishes the Percentage for Universal Design Program. Proposed law retains
present law and includes the following rules for implementation:
(1)Principles of universal design shall be made part of the architectural program
for all applicable projects.
(2)The universal design requirement shall be stated in any advertisements for
any applicable projects.
(3)The architectural program shall be made part of the design contract for all
applicable projects.
(4) Universal design features shall be determined by the designer and confirmed
by the owner.
(5)During the development of the design of the project and no later than the
beginning of the production of construction documents, the designer shall
review the principles of universal design and identify and develop features
that utilize universal design principles.
(6)The designer shall translate these principles into design features, the cost of
which will make up at least two percent of the estimated construction cost.
(7)The designer shall provide a report including the features that adhere to
universal design and a dollar value of each feature. The owner shall review
the report and report and verify that the features follow universal design
principles and that the cost is reasonable.
(8)The report will serve as the documentation of compliance unless the
estimated construction cost is increased by more than two percent. If this
situation occurs, the designer shall modify his report by including additional
features or expanding existing ones to maintain the minimum two percent
requirement.
(9)Questions about the validity of proposed universal design features may be
referred to an advisory group established by Louisiana Chapter of the
American Institute of Architects. Features determined to be invalid will not
be included in the approved list and the designer shall modify his report to
maintain the minimum two percent requirement.
(10)If the construction contract award amount varies from the estimated
construction cost, it will be presumed that all costs vary on a proportional
basis and the cost of the universal design features will continue to represent
two percent of the total cost.
Proposed law redefines "construction", "renovation", "state building", and "universal
design".
Proposed law eliminates the requirement that rules be promulgated under the APA prior to
the implementation of this program.
(Amends R.S. 38:2318.2(A), (B), (D), and (F); Adds R.S. 38:2318.2(G) and (H))