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legislative uPdate// Design-Build Progresses on DBIA’s Watch the temPerature outside is a brisk minus 15 degrees with a wind chill of 35 degrees below zero. But inside the halls of the North Dakota State Capitol, things are heating up on a bill expanding design-build authority—a reminder of the difficult battles ahead. In DBIA’s 20-year history, the growth of design-build at the state and local levels has been nothing less than remarkable. When DBIA formed in 1993, design-build was limited to one state— Virginia. Today, there are only eight states left in which design-build is a limited option, and every state now allows design-build in some fashion. Legislatively, DBIA’s first 12 years were the most difficult. Design-build was a completely new way of doing business for many industry professionals in the ’90s. Many were wary of, or resistant to, the new method. But the number of bills extending the reach of design-build increased steadily, from just a few in 1993 to 49 in 2001. In spite of design-build having full authorization in only a handful of states and 12 states having no design-build authority at all, the first design-build wave was starting. The number of bills covering design-build exploded in 2002, with 143 introduced and 52 passing. The trend continued through 2005, peaking at 250 bills introduced and 82 enacted. By the end of 2005, design-build was fully authorized in 16 states and widely permitted in 12 others. But there were still significant differences in design-build authorization: In most states, design-build was fully authorized or widely permitted for building projects, but the opposite was true in the transportation sector. In 15 states, design-build was not yet authorized, and the option remained limited in 13 states. From 2005 to 2009, the number of bills introduced and enacted declined each year, and the map of designbuild authority didn’t change much. DBIA Legislative Committee Chairman Bill Quatman had predicted years before, “The drop in number of bills is not a sign of declining interest in design-build, but a sign of success in prior years, which requires fewer bills each successive year.” Fewer bills meant that design-build had arrived—especially in the building sector, where two-thirds of states had authorized its use. Design-build continued to lag in transportation, but this changed dramatically in 2009. DBIA advocated at the state and federal levels to expand design-build in the sector, coinciding with passage of the federal stimulus bill. A record 100 designbuild bills were enacted—about 62 percent of the bills introduced—and the majority of states expanded design-build in the transportation sector. In the same year, the number of states without any Department of Transportation (DOT) designbuild authorization fell to eight. Since then, more legislation has been enacted than in any period in DBIA history, including historic legislation in Ohio, New York and Texas. Design-build has also grown dramatically at the local level, accounting for almost half of all designbuild bills enacted in the last three years. On the other hand, North Dakota, Iowa, Alabama and Wisconsin still have severe limitations on design-build, and it remains a limited option in New York, New Jersey and Missouri. The industry in these states has always been divided on the issue or opposed to design-build altogether, making passage of legislation near impossible. I am optimistic, however, that design-build will make further inroads. Over the last three years, DBIA has passed legislation in states where no one thought it possible. The association has a powerful message that resonates throughout the country. If we continue to educate owners and public officials, DBIA will continue to redefine what’s possible for the industry. By richard thomas riChArD thoMAs is DireCtor, stAte /LoCAL LegisL Ative AFFAirs At DBiA, Where he MAnAges the orgAniZAtion’s LoBBying AnD ADvoCACy eFForts. he is ALso the Author oF ChAPters For DBiA’s MAnuAL oF PrACtiCe AnD An uPCoMing BooK on DesignBuiLD in the WAter AnD WAsteWAter seCtor. spring//2013 5

Table of Contents for the Digital Edition of IQ Spring 2013

IQ Spring 2013

IQ Spring 2013 - (Page Cover1)
IQ Spring 2013 - (Page Cover2)
IQ Spring 2013 - (Page 1)
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