H. B. 2750
(By Delegates Stephens, Klempa, D. Poling,
Swartzmiller and Perry)
[Introduced February 23, 2009; referred to the
Committee on Roads and Transportation then Government
Organization.]
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
create a sunset 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, 2011, the commission or 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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