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WEST VIRGINIA CODE

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§17-2D-2. Highway Design-Build Program.

(a) Notwithstanding any provision of this code to the contrary, the Commissioner of the West Virginia Division of Highways may expedite the construction of projects by combining the design and construction elements of a highway or bridge project into a single contract as provided in this article.

(b) The Division of Highways may expend no more than $50 million in each year in the program: Provided, That if any of the $50 million is unused in one year, the remaining amount may be applied to the following year’s amount: Provided, however, That the total aggregate amount to be expended may not exceed $150 million in any one year: Provided further, That for fiscal years beginning after June 30, 2017, the Division of Highways may expend no more than $200 million on any one project: And provided further, That for fiscal years beginning after June 30, 2017, the Division of Highways may expend no more than $400 million in each year in the program: And provided further, That for fiscal years beginning after June 30, 2017, if any of the $400 million is unused in any year, the remaining amount may be applied to the following year’s amount: And provided further,  That for fiscal years beginning after June 30, 2017, the total aggregate amount to be expended may not exceed $500 million in any one year: And provided further, That expenditures made for projects that are necessitated by a declared state of emergency within a county that the Governor has included in a declaration of emergency are not to be included against the expenditure limits provided in this subsection.

(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) Projects receiving funding above the amount of federal core funding as appropriated to the state by formula in a federal highway authorization, currently titled MAP-21, may utilize the program, but shall not be included in expenditure limits provided by subsection (b) of this section.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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