Legislative Update: Design-Build

Although, design-build is considered to be a non-partisan issue, it is important to be aware of the changes in the state legislatures and the governorships. The 2006 midterm state level elections results were dramatic. In fact, according to the National Conference of State Legislatures, prior to the election Republicans controlled 20 state legislatures; Democrats 19 legislatures, 10 legislatures were split between the parties and one state (Nebraska) was non-partisan. Democrats now control both houses of the legislature in 23 states; Republicans control both houses of the legislature in 15 states, 11 states are split legislatures and one state (Nebraska) remains non-partisan.

In the gubernatorial races, only one incumbent (a Republican) lost his seat (to a Democrat) and Democrats now control 28 governorships to the Republicans 22. In total 11 new governors were elected and 25 incumbents returned. What this all means is that there are many new faces in key state political roles that advocates need to get to know in order to be effective at advancing the design-build project delivery method.

The final days of the 2006 state legislative sessions did not produce any further change in the numbers of design-build bills introduced or adopted into law. As reported earlier in 2006, 199 bills mentioning design-build were introduced and 64 bills were adopted into law. Thirty one states introduced at least one bill mentioning design-build and 24 states successfully adopted legislation mentioning design-build into law.

There are now only five states without specific design-build authority in statute (Alabama, Iowa, Michigan, Rhode Island, and Wyoming). In 2006, no design-build legislation was introduced in Alabama, Iowa, or Rhode Island. However, both Michigan and Wyoming did introduce legislation pertaining to design-build. Michigan as in years past continued to adopt laws requesting that design-build be studied and Wyoming passed a broad alternative project delivery law where design-build language was deleted at the last hours of debate.

DBIA expects to see legislation in a number of states that have spent 2006 either advocating for legislation or preparing for upcoming sessions. States that should see significant design-build bills in the 2007 legislative session include Alabama, California, Colorado, Illinois, Iowa, Michigan, New York, Texas, Virginia, Washington, and Wyoming.