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Introduced Version Senate Bill 117 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 117

(By Senators Stollings and Chafin)

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[Introduced January 13, 2010; referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-3B-1, relating to establishing an Innovative Highway Projects Pilot Program; and creating a sunset provision for the program.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §17-3B-1, to read as follows:
ARTICLE 3B. INNOVATIVE HIGHWAY PROJECTS PILOT PROGRAM.
§17-3B-1. Pilot program and sunset provision.

(a) The Division of Highways is authorized to establish a pilot program for highway projects demonstrating innovative techniques of highway construction, maintenance and finance which have the intended effect of controlling time and cost increases on construction projects.
(b) Techniques may include, but are not limited to, state of the art technology for pavement, safety and other aspects of highway construction and maintenance; innovative bidding and financing techniques; accelerated construction procedures; and those techniques that have the potential to reduce life cost cycles. To the maximum extent practical, the division may use the existing process to award and administer, construction and maintenance contracts.
(c) Notwithstanding any provision of this code to the contrary, when specific innovative techniques are to be used, the division is not required to adhere to those provisions of law that would prevent, preclude or in any way prohibit the department from using the innovative technique. Prior to using an innovative technique that is inconsistent with another provision of law, the division must document in writing the need for the exception and identify what benefits the traveling public and the affected community are anticipated to receive.
(d) The division may enter into no more than $150 million in contracts annually for the purpose authorized by this article. The annual maximum on contracts provided in this article do not apply to turnpike enterprise projects nor shall turnpike enterprise projects be counted toward the division's annual maximum.
(e) On or before January, 30, 2012, the Commissioner of Highways submits a report to the Legislature which recounts the activities of the program. The report shall include the reason for using this program and the cost savings or any other efficiencies that are the result of the innovative technology utilized.
(f) Upon submission of the report, no further innovative techniques are approved until the Legislature elects to study the effectiveness of the program or makes the program permanent.



NOTE: The purpose of this bill is to create a pilot program to allow the Division of Highways to use innovative techniques for construction, maintenance and financing of highways. The bill includes a provision that will allow the legislation to sunset unless made permanent or considered for further study by the Legislature.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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