West Virginia 2023 Regular Session

West Virginia Senate Bill SB439

Introduced
1/23/23  
Refer
1/23/23  
Engrossed
1/30/23  
Refer
1/31/23  
Refer
1/31/23  
Refer
2/15/23  
Enrolled
3/7/23  
Passed
3/23/23  

Caption

Establishing design-build program for DEP

Impact

The implementation of SB439 has the potential to significantly alter construction project management in West Virginia by facilitating faster project completion and potentially reducing costs associated with traditional project delivery methods. The bill mandates the DEP to prepare clear bid invitations for prequalified design-builders, ensuring comprehensive understanding of project scope and requirements. Furthermore, the DEP is required to submit annual reports on the outcomes of projects completed under this program, allowing for ongoing assessment and improvement of the design-build process.

Summary

Senate Bill 439 establishes a design-build program for the West Virginia Department of Environmental Protection (DEP), enabling the department to consolidate the design and construction phases of projects into a single contractual process. This innovative approach aims to expedite project delivery and enhance efficiency by allowing for a streamlined bid process and the integration of technical qualifications with competitive bidding. The bill outlines specific procedural rules that the DEP must follow when awarding contracts, targeting projects with an aggregate value not to exceed $50 million.

Sentiment

Overall sentiment around SB439 appears to be positive, particularly among supporters who see the design-build approach as a necessary modernization of state project delivery methods. This bill was passed unanimously, indicating broad bipartisan support. Proponents argue that this method will lead to innovation in public works and enhanced responsiveness to environmental project needs. However, there could be concerns among some stakeholders regarding the potential risks of reduced oversight inherent in combining design and construction into a single contract.

Contention

Notable points of contention may arise from the implementation and oversight of the design-build contracts, given the increased discretion granted to the DEP under this bill. Critics could argue that without stringent checks and balances, it may lead to potential misuse of funds or misalignment of project goals. The sunset provision that allows the program to expire after December 31, 2025, adds a layer of accountability, ensuring that the efficacy of the program will be scrutinized before any extension, which is a necessary measure to address concerns regarding the design-build process.

Companion Bills

WV HB3129

Similar To Relating generally to establishing a design build program for the Department of Environmental Protection

Similar Bills

No similar bills found.