Since the start of the year, several states have enacted significant legislation to advance the design-build project delivery method, bringing significant advancements and opportunities for more efficient construction practices. These legislative wins are crucial for improving efficiency and innovation in public infrastructure projects. Here’s a look at the key legislative achievements from the past few months:
Florida Region
Florida
HB 287 – Monitored. This legislation requires the Florida Department of Transportation (FDOT) to receive at least three letters of interest before proceeding with a request for proposals on design-build and progressive design-build (PDB) projects. If a firm withdraws from consideration after proposals are requested, the department may continue with at least two proposals. The bill also allows phased bonding for PDB contracts to align with each phase of the project. Enacted on June 25, 2024.
Great Lakes Region
Illinois
HB 5511 – Supported. This bill establishes the Progressive Design-Build (PDB) Pilot Program Act, authorizing the state Capital Development Board to use PDB on up to three projects commencing prior to January 1, 2027. Passed both Houses on June 28, 2024, and awaits the Governor’s signature.
HB 5496 – Supported. This bill authorizes the Illinois Department of Transportation (IDOT) to use sole source procurement and accept unsolicited bids for the South Suburban Airport. Passed both Houses and sent to the Governor on June 26, 2024.
Michigan
HB 4603 – Supported. This law authorizes the use of design-build for school projects across Michigan. The introduction of design-build for educational infrastructure is expected to enhance project efficiency and cost-effectiveness. Passed and signed by the Governor July 8, 2024.
Liberty Region
New York
AB 9849 – Supported. This legislation grants New York City the authority to use design-build and Construction Manager at Risk (CMAR) project delivery methods. By adopting these methods, New York City aims to streamline project timelines and improve overall project management. The bill passed the legislature and is awaiting the Governor’s signature as of June 7, 2024.
Mid-America Region
Missouri
HB 1857 – Opposed. This bill would have limited the use of the design-build method to state or local political subdivisions, excluding incorporated municipalities. Failed on May 17, 2024.
Nebraska
LB 166 – Opposed. This bill would require that on all NDOT progressive design-build and CMAR contracts, the historic reasonableness of the progressive design-builder’s costs and expenses be given a relative weight of at least fifty percent. DBIA opposed this bill, which is dead for this session but will be back in the 2025 session.
LB 723 – Opposed. This bill was a major rewrite of the DNR design-build law, with similar provisions to LB 166. It is dead for this session but will be back in 2025.
Mid-Atlantic Region
Virginia
SB 18/HB 1108 – Supported. The original language in these bills placed numerous restrictions on the use of design-build and restricted time-tested best practices. Through several meetings with legislators and coalition partners, the bills were successfully amended to authorize the consideration of past performance on design-build projects in the selection process. Enacted on April 4, 2024.
HB 1191 – Opposed. This bill would have severely restricted the use of design-build and CMAR on state and local projects. The bill failed on February 12, 2024. Its defeat was a top priority in 2024.
SB 249 – Opposed. The original language in this bill placed numerous restrictions on the use of design-build and restricted time-tested best practices. The bill failed on February 12, 2024.
HB 661 – Opposed. This bill directed the Department of Transportation to clarify that design-build contractors are not required to employ a professional engineer on staff to qualify for submitting a design-build proposal or be awarded a transportation project. The bill failed on February 13, 2024.
Northwest Region
Washington
HB 1125 – Supported. This transportation funding bill provides funding for the Department of Transportation (DOT) and includes design-build provisions for ferries. Enacted on May 16, 2024.
HB 2134/SB 5947 – Supported. This supplemental transportation bill requires the Washington DOT to reject any bid offers on the Portage Bay Bridge and Roanoke lid project that exceed engineer estimates by more than 10 percent. If all bid offers are rejected, the department must repackage the request for qualifications and proposals for the north bridge portion of this project only, recommending the project be delivered using the progressive design-build method. Enacted on March 28, 2024.
HB 1846/SB 5760 – Supported. The ferry procurement bill includes provisions authorizing design-build. Enacted on June 11, 2024.
Oregon
SB 1575 – Supported. This bill states that a public body may not require a duty to defend the public body against a claim for professional negligence in contracts for architectural, engineering, photogrammetric mapping, transportation planning, or land surveying services. Enacted on April 18, 2024.
Idaho
HB 607 – Supported. This bill establishes a process to challenge the award of state projects for reasons including nonresponsiveness, not being the lowest responsible bidder, or not being selected for award. Enacted on March 25, 2024.
Ohio Valley Region
West Virginia
SB 200 – Supported. This Senate Budget Bill appropriates money for the Design-Build Board. Enacted on April 23, 2024.
HB 5420 – Opposed. This bill would have raised the minimum bidding threshold. Failed on February 2, 2024.
South Central Region
Mississippi
HB 652 – Supported. This bill extends the “sunset” on the design-build law for the State Port Authority and other ports and port commissions. Enacted on April 30, 2024.
SB 2645 – Supported. This bill authorizes the Mississippi Transportation Commission to use design-build, including Progressive Design-Build (PDB) and Construction Manager at Risk (CMAR) methods. Enacted on April 19, 2024.
HB 940 – Supported. This bill also authorizes the Mississippi Transportation Commission to use design-build, including PDB and CMAR methods. It was rolled into SB 2645 and enacted on April 19, 2024.
HB 4122 – Supported. This bill authorizes the Hattiesburg Convention Commission to utilize the design-build method for construction contracting. This authorization applies to any convention and tourism-related facilities under the commission’s jurisdiction. Enacted on April 30, 2024.
Upper Midwest Region
Minnesota
SB 5247 – Supported. This tax bill allocates $9 million for transportation projects, including provisions for design-build projects. Enacted on July 1, 2024.
Western Pacific Region
Arizona
SB 1054 – Supported. This bill extends the design-build sunset from 2025 to 2030. Enacted on March 29, 2024.
California
AB 107 – Supported. This Assembly budget bill includes over $350 million for design-build projects across California. This significant investment underscores the state’s commitment to modernizing its infrastructure through efficient project delivery methods. Enacted on June 28, 2024.
SB 1525 – Supported. This maintenance bill (Housekeeping Bill) includes various legal updates, including provisions related to design-build. This law aims to streamline legal processes and enhance the implementation of design-build projects. Enacted on July 2, 2024.
SB 956 – Supported. This bill eliminates the sunset clause for school districts to procure design-build contracts for projects over $1,000,000. Passed the Senate and is now on the Assembly Consent calendar as of July 3, 2024.
These legislative achievements highlight the growing adoption of design-build across the United States, reflecting a commitment to enhancing the efficiency and effectiveness of public infrastructure projects. As more states recognize the benefits of design-build, we can expect continued innovation and improvements in project delivery, ultimately leading to better outcomes for communities and stakeholders nationwide. For regular updates on state legislation, visit the Pending Legislation page on our all-new DBIA website.
