WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 439 BBy YSENATORSSenators SMITH,Smith, APUTOCaputo, ,Hamilton, AMILTON,Phillips, HILLIP,Taylor, TAYLOR,Swope, SWOPE,ANDand NELSONNelson [Originating[Passed inMarch the07, Committee2023; on Energy, Industry, and Mining;

reportedin oneffect Januaryfrom 25,passage] 2023]Enr CS for SB 439 AAN BILLACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-34-1, §22-34-2, §22-34-3, §22-34-4, and §22-34-5, all relating to establishing a design-build program for the Department of Environmental Protection;

CS for SB 439 (2) The procedure for selecting the most qualified design-builders prior to the release of the 1 Enr CS for SB 439 invitation for proposals;

(c) A design-build project may be let to contract only in accordance with the secretary’s procedural rules promulgated pursuant to the provisions of this article.article:

Provided, That only contracts awarded directly by the Department of Environmental Protection may utilize the design-build delivery method authorized pursuant to the provisions of this article:

Provided, however, design-build delivery projects awarded pursuant to the provisions of this article may not exceed a total aggregate value of $50 million.

2 Enr CS for SB 439 (6) Requirements or restrictions for subletting specific portions of the design-build contract, if any;

and CS for SB 439 (7) Requirements for performance bonds, payment bonds, insurance, professional liability insurance, and workers' compensation coverage.

(b) The provisions of this article expire and shall have no force and effect after December 3 Enr CS for SB 439 31, 2025.