In Part 1, we explored how AIA California is advancing legislation to unlock housing production and improve project feasibility. Part 2 focuses on another critical dimension of practice: risk, liability, contracts, professional regulation, and system performance—issues that directly shape how architects operate and deliver projects.
You can find the full list of bills AIA CA took positions on here.
Professional Practice and Regulatory Frameworks
AB 1796 (Jackson) — Interior Design Licensure Framework (Oppose)
AIA California opposes AB 1796 due to concerns about the structure and implementation of the proposed licensure framework and the potential unintended consequences for California’s built environment regulatory system.
While architects deeply value the important role interior designers play in shaping functional and user-centered spaces, AIA California believes the bill creates a confusing and overlapping regulatory structure by establishing new titles and oversight entities for a very small segment of the industry while simultaneously maintaining the existing certification system under the California Council for Interior Design Certification (CCIDC). Under this framework, both CCIDC-certified interior designers and newly licensed interior designers would retain the ability to submit plans on many of the same projects, creating potential confusion for consumers, jurisdictions, and project teams regarding authority, responsibility, and accountability.
AIA California is also concerned that the bill has not demonstrated a clear public health, safety, or welfare issue necessitating a major expansion of California’s professional licensure framework. Significant questions remain regarding liability, responsible control, project coordination, insurability, and alignment with California’s uniquely rigorous seismic and building code environment.
Given the complexity and long-term implications of these issues, AIA California believes any changes of this magnitude should emerge from a broader, more collaborative stakeholder process involving all affected professions, regulators, and industry groups. AIA California has participated extensively in discussions on this issue over several years and remains open to continued collaboration to identify thoughtful solutions that protect public safety while supporting all members of the design community.
You can read AIA California’s full opposition letter here.
Rebalancing Risk in the Built Environment
AB 1903 (Wicks) — Construction Defect Reform (Support)
AB 1903 addresses one of the most significant barriers to for-sale housing: construction defect litigation.
The bill restores balance to California’s Right to Repair framework by shifting the system back toward a repair-first approach. It requires completion of the pre-litigation repair process before a lawsuit can be filed, ensuring project teams have a meaningful opportunity to address issues early. It also strengthens notice requirements so claims clearly identify the location and observable evidence of alleged defects, enabling more effective evaluation and response.
Importantly, AB 1903 requires that claims demonstrate actual, nonspeculative damage, rather than allowing lawsuits based solely on technical violations. It limits speculative claims by restricting recovery of investigative costs where no damage is proven, and encourages higher construction quality by allowing developers to utilize third-party inspections during construction. For projects that receive third-party certification and where repairs are completed, the bill provides a pathway for builders to obtain a release from further claims—bringing greater certainty to the process. The bill also increases transparency by requiring HOA member awareness and approval before litigation is initiated.
For architects, the stakes are high.
Architects across California consistently report that on condominium projects, insurance requirements can reach tens of millions of dollars relative to total construction costs, with an expectation that litigation is highly likely regardless of project quality.
This environment has significantly constrained condo development—one of the most important pathways to homeownership in California. A recent Terner Center report suggests that the number of new condominium units in both the Bay Area and Southern California has dropped by approximately 90 percent from peak production levels in 2005–2006. Condominiums were once foundational to workforce and “missing middle” housing, and their decline has had a significant impact on these critical market segments.
Importantly, the framework proposed in AB 1903 is not theoretical. It draws on lessons learned from similar systems successfully implemented in jurisdictions such as Canada and the state of New Jersey, demonstrating that a more balanced, repair-focused system can both protect homeowners and support housing production.
By reducing unnecessary litigation and creating a more predictable, repair-focused system, AB 1903 helps improve project feasibility, stabilize risk, and support the delivery of much-needed for-sale housing.
AB 2106 (Patel) — Certificate of Merit Reform (Support)
AB 2106 strengthens protections for design professionals by ensuring claims are reviewed by qualified, California-licensed experts in the same discipline.
For architects, this:
Modernizing Retention Practices
SB 1205 (Valladares) — Retention Reform for Design Professionals (Sponsor)
Sponsored by AIA California, SB 1205 addresses the misuse of retention in design services contracts—particularly in design-bid-build public projects, where these practices are most prevalent.
As amended, the bill:
For architects, this:
While not a full elimination of retention, it represents a significant step toward fairness.
AB 1885 (Carrillo) — Public Works Retention Reduction (Support)
AB 1885 reduces retention on certain public projects to 3.5%, and importantly, applies throughout the project delivery chain—including architects.
For architects, this means:
Designing for a Clean and Reliable Future
AB 2464 (Wicks) — Firm Zero-Carbon Energy (Support)
AB 2464 evaluates how California will integrate firm, reliable zero-carbon energy into the grid.
For architects, this is foundational:
Why This Matters
These bills reflect a broader truth:
Architectural practice is shaped not just by design—but by policy, risk, regulation, and systems.
AIA California’s advocates to ensure architects can:
Looking Ahead
As the legislative session continues, AIA California remains committed to advancing policies that support housing, climate action, and the architectural profession—ensuring architects are not just participants in change, but leaders shaping California’s future.
