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Enrolled Version - Final Version House Bill 2722 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2017 regular session

ENROLLED

Committee Substitute

for

House Bill 2722

By Mr. Speaker (Mr. Armstead) and Delegate Miley
[By Request of the Executive]

[Passed April 8, 2017; in effect ninety days from passage.]

AN ACT to amend and reenact §17-2D-2 of the Code of West Virginia, 1931, as amended, relating to highway construction using the design-build program; changing maximum amounts that may be expended for projects using the design-build program for highway construction and making certain exceptions to expenditure limits.

Be it enacted by the Legislature of West Virginia:


That §17-2D-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

 ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.


§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.

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