Senate Bill No. 282
(Senators Beach, Snyder, Laird, Yost, Green, Foster, Browning, McCabe,
Plymale, D. Facemire, Minard, Klempa, Williams and Kessler (Acting
President), original sponsors)
[Passed March 9, 2011; in effect from passage.]
AN ACT to
amend and reenact §17-2D-2 and §17-2D-5 of the Code of
West Virginia, 1931, as amended, all relating to the Highway
Design-Build Pilot Program; continuing the Highway Design-
Build Pilot Program for two years; increasing the annual
amounts which may be expended on design-build projects;
authorizing additional projects after the effective date of
this amendment; and providing that consultant engineers
involved in the preliminary planning of a design-build project
may not participate in the construction of that project.
Be it enacted by the Legislature of West Virginia:
That §17-2D-2 and §17-2D-5 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.
§17-2D-2. Highway Design-Build Pilot Program.
(a) Notwithstanding any provision of this code to the
contrary, the Commissioner of the West Virginia Division of
Highways may continue with the pilot program to expedite the
construction of no more than ten special projects after the
effective date of the amendment to this article in the regular
session of 2011, in addition to the three projects authorized by
prior enactment of this section, by combining the design and
construction elements of a highway or bridge project into a single
(b) A design-build project may not be let to contract after
June 30, 2013. The Division of Highways may expend no more than
$75 million in each of the two years remaining in the pilot program
after the effective date of the amendment to this article in the
regular session of 2011: Provided, That if any of the $75 million
is unused in the first year, the remaining amount may be applied to
the following year's amount: Provided, however, That the total
aggregate amount to be expended after the effective date of the
amendment to this article in the regular session of 2011 may not
exceed $150 million.
(c) A design-build project may be let to contract only in
accordance with the commissioner's established policies and
procedures concerning design-build projects.
(d) After June 30, 2013, projects may not be let under the
provisions of this article unless the West Virginia Legislature
either approves additional projects or makes the program permanent.
(e) Projects receiving special funding above the regular
federal core funding may utilize the pilot program, but shall not
be included in the total number of projects or expenditure limits
provided by subsections (a) and (b) of this section.
(f) Effective after the effective date of the amendment to
this article in the regular session of 2011, no consultant engineer
who prepares preliminary plans, planning reports or other project
development products for a project pursuant to the provisions of
this section may participate in the construction of that project.
§17-2D-5. Report to the Legislature.
On or before December 1, 2013, the commissioner shall prepare
and submit to the Joint Standing Committee on Government
Organization a report evaluating the experience of the Division of
Highways with each project, including whether the division realized
any cost or time savings, the number and cost of change orders, the
quality of work performed, the number of bids received and other
issues the commissioner considers appropriate.