Percent for Public Art
“to foster and promote the collaboration between art and architecture, the State devises a scheme which ensures that whenever a new public building, place or space is built or created, a percentage of the overall cost of the scheme is required by law to be spent on art, in order to ensure the collaboration between art and architecture for the benefit of the public.”
– ‘Percent for Public Art’ as defined by art law pioneer Henry Lydiate
For this edition of the Obiter, we visit the percent for art scheme designed to promote and ensure that art is created using a portion of funds from construction projects. We will explore various jurisdictions and how the scheme has been implemented into legislation and executed for the benefit of the public. We will begin in Europe, then travel to Australia, the United States, and end in Canada.
Europe
Within the European Union, percent for art is primarily not legislated into federal schemes. Rather, municipalities may enforce a percent of building costs that would be designated to public art. For example, regional and municipal authorities in Finland, Italy, and the United Kingdom have implemented percent for art schemes. In Finland, one percent of overall costs are allocated to art, whereas in Italy, some state and local authorities mandate that two percent of overall cost must be allocated to ‘decoration’ thus abiding to the 1949 percent for art law. Percent for art did not begin in the UK until 1988 when Oxfordshire became the first state to adopt policy. Since then, over fifty city and district authorities have adopted a similar policy.
Within the rest of the European Union, federal policy is more common. Germany, Austria, the Netherlands, Belgium (Flemish speaking only), Sweden, Denmark, Norway, Spain and Ireland all have individual percent for art schemes. Policy ranges from 0-2 percent allotted to public art from building costs within the outlined federal jurisdictions.
Australia
Western Australia has a state run policy that mandates one percent of overall building costs of state capital projects (valued $2 million AUD and over). This includes new buildings, as well as refurbishments.
United States of America
In the United States, numerous counties and states have adopted percent for art policy. Jurisdictions include Washington State, Oregon, Alaska, Illinois, Hawaii, Texas, Florida, Maine, New Hampshire, Minnesota, Ohio, and Montana.
For the purpose of this study, three cities will be looked at specifically: Chicago, Philadelphia and New York City.
In Chicago, 1.33 percent from all new construction costs and renovations where fifty percent or more of the square footage is being touched must be allotted to percent for art. The Department of Cultural Affairs administers the program and overlooks the Public Art Program Fund, which is an account set up to purchase, administer and maintain works of art. The Department of Cultural Affairs also seeks community support and input before any project is carried out.
Developed in March 1959, Philadelphia became the first city within the United States of America to have a percent for art policy. Today, the city is known to have one of the largest public art collections in the world. Administered by the Philadelphia Redevelopment Authority (PRA), one percent of the overall building costs of public buildings is allocated to art, with five percent of art allocation going to Percent for Community, an initiative that educates the community about public art. The PRA appoints a Program Director and Fine Art Committee who oversee the percent for art program. To add, redevelopers have three options as to where their money can be assigned: a percent for art commission; contribution to the Fine Art Development Fund; and a proposed alternative plan.
Imposed since 1983 and administered by the New York City Department of Cultural Affairs, a one percent of all city-funded projects must be set aside for art. Since 1983, two hundred twenty-eight projects amounting to $26 million USD have been completed. Projects range in from $50,000 USD to $400,000 USD with artists receiving twenty percent of each commission. Projects range in location and include schools, libraries, water treatment plants, and parks. Currently, over sixty-nine percent for art commissions are in progress throughout the five boroughs.
Canada
In Canada, percent for public art is primarily legislated by municipalities and include Calgary, Edmonton and Toronto. The province of Quebec is the only province to initiate percent for public art into legislation, however, it has not been imposed or regulated since initiation.
Calgary’s Corporate Public Art Policy (policy number CSPS028) states that “the objective of the ‘percent for public art’ will be calculated at one percent of the total capital project costs for City of Calgary capital budget projects over one million dollars, recognizing that certain funding restrictions may limit overall available funds.” The percent of funds are allocated to a Public Art Reserve that will “ensure a diversity of public art opportunities occur in communities throughout Calgary that are accessible to citizens and visitors.” Both the percent for public art and Public Art Reserve are managed and overseen by the Public Art Board, an advisory team to the city. The Public Art Board is made up of nine representatives (including two artists) who range from art administrators and consultants to historians, civil engineers, architects and citizens at large.
In 2010, the City of Edmonton adopted City Policy C458C outlined in the Edmonton Arts Council document Percent for Art to Provide and Encourage Art in Public Areas and states: “The City of Edmonton will allocate one percent (1%) of the qualifying construction budget of any publicly accessible municipal project (% project) for the procurement of art to be publicly displayed.” In regards to management, Edmonton has an individual Percent for Art Coordinator (an employee of the city) who works in conjunction with the Edmonton Arts Council. A Public Art Committee, similar to that of Calgary’s, sets a vision and provides advice regarding works put into the Civic Art Collection. In turn, an Art Bank has been established to hold the funds in trust generated from the percent for public art program.
Similar to Calgary and Edmonton, the City of Toronto legislated a percent for public art program following the revision of Toronto’s “Official Plan” which calls for the need to beautify the city. In August 2010, Toronto City Planning authored Toronto Urban Design: Percent for Public Art Program Guidelines, a document outlining the benefits of public art, policy framework and objectives and how to make it happen, maintenance and future outcomes. Within the document, the rationale of the program is discussed and includes that “the recommended minimum public art contribution for a development should be based on one percent of the gross construction cost (GCC) of that development.” Upon the development’s gross construction cost being estimated, the city will approach the developer with three options as to where their contribution will be allocated. The options are “On-site” Contribution: works shall be located upon the subject property or publicly owned lands adjacent thereto; “Off-site” (pooled) Construction: value is directed to the City’s off-site pooled Public Art Reserve Fund that in turn supports public art plans on publicly owned lands; or, “On-site/Off-site” Combination (a combination of the two). Percent for art is overlooked by the Toronto Public Art Commission (TPAC) that consists of eleven citizens (artists, lawyers, architects, etc.) who advise and oversee public art projects. City Planning’s Public Art Coordinator supervises their progress when they meet eight times a year. Currently, over thirty public art projects have been completed throughout the City of Toronto using percent for public art funding.
In turn, the current percent for art legislation within Canada rivals that of other countries. Percent for art is a tool to engage the public with art works, not only to beautify the built environment, but also educate the public of contemporary art. The Philadelphia program is interesting in that a portion of the percent for art scheme is assigned to a fund for education. New York’s scheme also outlines directly the amount that is allocated (twenty percent) back to the artist. In Toronto, artworks funded by the percent for art program vary. From the intricate, tree like forms grasping to the side of the Shangri-La on University Avenue to the thousands of blurred faces in the large panoramic at 333 Bay Street, the fruits of percent for art are nestled throughout the city. For an interactive map of all percent for art pieces in the GTA, visit the City of Toronto’s Urban Design website that provides for an inventory for all works.