SB 690 — Creating alternative DOH procurement procedure

WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Committee Substitute for Senate Bill 690 BYSENATORM.

AYNARD [Reported[Passed FebruaryMarch 17,6, 2026,2026; from the Committee on Transportation and Infrastructure] CS for SB 690 A BILL to amend and reenact §17-2D-1, §17-2D-2, and §17-2D-5 of the Code of West Virginia, 1931, as amended;

in effect 90 days from passage (June 4, 2026)] Enr CS for SB 690 AN ACT to amend and reenact §17-2D-1, §17-2D-2, and §17-2D-5 of the Code of West Virginia, 1931, as amended;

HIGHWAYALTERNATIVE DESIGN-BUILD PILOT PROGRAM.ALTERNATIVE PROJECT DELIVERY ACT.

This article shall be known and may be cited as the West Virginia Highway Design-Build Pilot Program Alternative Project Delivery Act.

(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 any project into a single contract as provided in this article for design-build projects.

(b)(1) TheFor Divisiondesign-build ofprojects Highwaysauthorized mayby contractuallythis obligatesection, nothe moreDivision thanof $50Highways millionmay incontractually eachobligate year in the program:

Provided, That if any of the $50 million is not so contractually obligated in one year, the remaining amount may be applied to the following year’s contractual obligation amount:

Provided, however, That the total aggregate amount to be contractually obligated 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 contractually obligate no more than $200 million on CS for SB 690 any one project:

And provided further, That for fiscal years beginning after June 30, 2017, the Division of Highways may contractually obligate 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 not contractually obligated in any year, the remaining amount may be applied to the following year’s contract obligation amount:

And provided further, That for fiscal years beginning after June 30, 2017, the total aggregate amount to be contractually obligated may not exceed $500 million in any one year.

(2) Notwithstanding the limits set forth in §17-2D-2(b)(1) of this code, for projects financed without bonds for fiscal years beginning after June 30, 2019, For design-build projects authorized by this section, the Division of Highways may contractually obligate in the program:

(3) (2) Notwithstanding and in addition to the limits set forth in §17-2D-2(b)(1) and §17- 2D-2(b)(2) of this code subdivision (1) of this subsection, for projects financed with bondsbonds, for fiscal years beginning after June 30, 2018, the Division of Highways may contractually obligate in the program:

Enr CS for SB 690 (A) No more than $300 million on any one project;

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

CS for SB 690 (e) The contractual obligations 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 shall not be included in calculating contractual obligation limits provided in §17-2D-2(b) of this code.

On or before January 15, 2014, and annually thereafter, the commissioner shall prepare and submit to the Joint Committee on Government and Finance a written report evaluating the experience of the Division of Highways with each project completed using an alternative project delivery method authorized by this article during the prior calendar year, 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:appropriate.

Provided, That the report submitted on or before January 15, 2014, shall contain such information as to all design-build projects that have been completed under the program prior to 2014.

of this code that set forth what conditions the commissioner shall consider in entering into CM/GC agreements, any necessary or preferred terms that should be Enr CS for SB 690 incorporated into these agreements, and any other guidelines or standards that are relevant to the implementation of this section.

CS for SB 690 (2) No more than $200 million in each fiscal year;

Enr CS for SB 690 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the Senate ...............................................................

Clerk of the House of Delegates Originated in the Senate.

In effect 90 days from passage.

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President of the Senate ...............................................................

Speaker of the House of Delegates __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2026.

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Governor 5