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State Advocacy

 

 2015

 
 

DBIA's team of advocacy professionals are working in many states including Minnesota, South Carolina, New Mexico and Iowa, but the following is a list of some of the most recent developments this year.

 
Alabama
  • DBIA has worked with other industry groups to draft legislation authorizing design-build for vertical and water/wastewater projects in Alabama, a state without design-build authority in those sectors. Bills were introduced in both the House and Senate.

Texas
  • Design-build authority for the Texas DOT expires August 31 unless the legislature repeals or extends the sunset. There are several design-build bills that have been introduced including one that would eliminate the sunset (SB 1294) and one that would require the DOT to designate up tp 10 design-build projects annually (SB 1606).  SB 1294 would eliminate the sunset, but TxDOT is currently only allowed to use design-build on projects greater than $50 million, and SB 1294 it would increase the threshold to $250 million.

New York
  • DBIA worked with coalition partners, particularly the NYC DOT, to expand design-build authority for another two years. New York State first approved design-build authority in 2011, and has entered into dozens of design-build contracts since then, including one for the multi-billion dollar Tappan Zee Bridge replacement.
California
  • Passage of SB 785 culminates the longtime industry effort to standardize design-build laws in California, and it is the eighth bill passed in California in the past year expanding design-build authority. SB 785 streamlines California design-build laws and provides clarity and increased opportunity for project owners and practitioners.
 

 2014 Success

 
  • In Illinois, we supported efforts to pass SB 492, which extends the State Building Commission’s design-build authority until 2018. We were involved in this effort early and were proud to watch it pass and be signed into law in January.
     
  • In Utah, we worked to pass SB 190, revising contract types and definitions for rulemaking that made design-build even easier to use.
     
  • In the state of Washington, we helped pass two significant bills that were both signed by the Governor in March. HB 2555 keeps proposals submitted for design-build projects exempt from public disclosure until the highest scoring finalist has been named or the selection process has been terminated. This is essential to ensuring companies’ bids, methods and advantages remain confidential, increasing the competitiveness of the process. We also helped pass SB 6001 which provides funding for two design-build projects: the I-405 Kirkland Stage 2 widening project and the SR 167 Puyallup Bridge Replacement. The two projects are high-profile in the state, so the fact that the legislation mandates use of design-build is a testament to how reliably design-build delivers high-quality infrastructure. 
     
  • In Minnesota, we were successful in gaining passage of HB 677, a bill funding a new state legislative office building that specifically calls for using design-build to deliver the project. Following passage, however, there were nearly ten bills calling for new onerous requirements on design-build projects and repeal of HB 677. Thus far, we have worked to successfully block all of these bills or have the unnecessary requirements stripped out of the bill.
 

 2013 Success

 
  • DBIA had major victories in West Virginia and Arkansas, two states which had State Department of Transportation (DOT) pilot programs with strict limits on the number of allowed design-build projects. The bill passed in West Virginia (SB 553) would eliminate an expiration (or "sunset") and the limitation on the number of design-build projects transforming the pilot program to a permanent program. Up to $50 million per year could go towards design-build projects and any unused portions could be rolled over to another year up to $150 million. Similarly, the Arkansas bill (HB 1702) eliminates the requirement that design-build could only be used on projects in excess of $50 million and ended  limits on the number of design-build projects.
     
  • In a significant victory for DBIA, North Carolina passed HB 857 authorizing all local governments to use design-build and P3s including QBS (read the press release here). North Carolina has been the epicenter of local Qualification Based Selection (QBS) legislation. Before DBIA helped pass this law, North Carolina local governments had to receive legislative approval on a case-by-case basis to use design-build. The passage of HB 857 makes North Carolina one of the best states to do design-build projects. 
     
  • Three states - Georgia, Kentucky and Illinois - were states with limited DOT design-build authority, only using design-build on a “low bid” basis. In Georgia’s case, its DOT had been very aggressive in its use of design-build but felt the low bid only option had its limitations. The newly enacted “best value” law, SB 70, will allow GDOT to take its design-build program to the next level, and choose design-build teams based on qualifications. Kentucky and Illinois took a more conservative approach: they introduced legislation calling for pilot programs allowing best value. The Kentucky bill (HB 445) was recently enacted and the Illinois bill is still pending.
     
  • Indiana passed legislation giving airports authority to use design-build.
 

 Maps

 

 

To inquire further about our maps, please email Geoffrey Corey, Director of Communications & Special Projects at gcorey@dbia.org