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West Virginia Legislature· SB 607Signed

Relating to federally approved project delivery methods for airport capital improvement projects, the official text

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WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                     Enrolled
            Committee Substitute

                         for

           Senate Bill 607

                BY SENATORS CHARNOCK AND TAKUBO
         [Passed March 6, 2026; in effect from passage]
    Enr CS for SB 607

1 AN ACT to amend and reenact §8-29-8 of the Code of West Virginia, 1931, as amended, relating

2   to authorization of federally approved project delivery methods for airport capital

3   improvement projects.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 29. INTERGOVERNMENTAL RELATIONS — REGIONAL AIRPORTS.

    §8-29-8. Powers of authorities generally.

1   Each authority is hereby given plenary power and authority as follows:

2   (1) To make and adopt all necessary bylaws and rules for its organization and operations

3 not inconsistent with law;

4   (2) To elect its own officers, to appoint committees, and to employ and fix the

5 compensation for personnel necessary for its operation;

6   (3) To enter into contracts with any person, including both public and private corporations,

7 or governmental department or agency, and generally to do any and all things necessary or

8 convenient for the purpose of acquiring, establishing, constructing, equipping, improving,

9 financing, maintaining, and operating a public airport to best serve the region in which it is located,

10 including the development of an industrial, research, or business park in the same general area;

11  (4) To delegate any authority given to it by law to any of its officers, committees, agents,

12 or employees;

13  (5) To apply for, receive, and use grants-in-aid, donations, and contributions from any

14 source or sources, including, but not limited to, the federal government and any department or

15 agency thereof, and this state subject to any constitutional and statutory limitations with respect

16 thereto, and to accept and use bequests, devises, gifts, and donations from any person;

17  (6) To acquire, receive, take, and hold property, whether by purchase, gift, lease, devise,

18 or otherwise, and to use and manage said property, and to develop, improve, and maintain any

19 property owned, leased, or controlled by it;

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    Enr CS for SB 607

20  (7) To purchase, own, hold, sell, and dispose of personal property and to sell, lease, or

21 otherwise dispose of any real property which it may own;

22  (8) To borrow money and execute and deliver negotiable notes, mortgage bonds, other

23 bonds, debentures, and other evidences of indebtedness therefor, and give such security therefor

24 as shall be requisite, including giving a mortgage or deed of trust on its airport properties and

25 facilities or assigning or pledging the gross or net revenues therefrom;

26  (9) To raise funds by the issuance and sale of revenue bonds in the manner provided by

27 the applicable provisions of §8-16-1 et seq. of this code, it being hereby expressly provided that

28 for the purpose of the issuance and sale of revenue bonds, each authority is a "governing body"

29 as that term is used in said article only;

30  (10) To establish, charge, and collect reasonable fees and charges for services or for the

31 use of any part of its property or facilities, or for both services and such use;

32  (11) To expend its funds in the execution of the powers and authority herein given;

33  (12) To apply for, receive, and use loans, grants, donations, technical assistance, and

34 contributions from any regional or area commissions that may be established;

35  (13) To prescribe by bylaw the manner of financial participation by members;

36  (14) To construct, acquire, establish, improve, extend, enlarge, reconstruct, equip,

37 maintain, and repair buildings, structures, and facilities, including roadway access, suitable for

38 use as manufacturing plants, industrial plants, and facilities; research parks and facilities;

39 business parks and facilities; retail shopping areas or centers; parks; exhibits; exhibitions; or the

40 conduct of any lawful business, heliport, or aircraft landing area owned or operated by such

41 authority, and to lease or let such buildings, structures, and facilities or any one or more of them

42 to such tenant or tenants for such term or terms, at such compensation or rental and subject to

43 such provisions, limitations, and conditions as the authority may require or approve; and

44  (15) Notwithstanding the provisions of §5-22-1 et seq., §5-22A-1 et seq., and §5-22B-1 et

45 seq. of this code, and any other provision of this code to the contrary, for any airport development

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    Enr CS for SB 607

46 or construction project funded, in whole or in part, through the Federal Aviation Administration

47 Airport Improvement Program or Airport Terminal Program and subject to Federal Aviation

48 Administration standards for design, engineering, and safety, an authority is expressly authorized

49 to procure, contract for, and deliver such airport projects using any project delivery method

50 approved or authorized by the Federal Aviation Administration, including, but not limited to,

51 integrated project delivery, construction manager-at-risk, design-build, progressive design-build,

52 or other alternative delivery methods. Procurement conducted in compliance with applicable

53 Federal Aviation Administration standards and requirements shall be deemed to satisfy the

54 procurement requirements of this state.

55  (16) To enter into a management agreement or agreements with any county, city, or town

56 in the state for the management by the authority of an existing airport upon such terms and

57 conditions as may be mutually agreeable.

58  (17) An authority may only exercise the powers delegated to it in this section in the county

59 in which the airport is located or any county contiguous to the county in which the airport is located:

60 Provided, That nothing in this subsection shall prohibit an authority from entering into a

61 management agreement for an existing airport with a county that is not contiguous to the county

62 in which the existing airport is located or a city or town located in a county that is not contiguous

63 to the county in which the airport is located.

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Enr CS for SB 607
              The Clerk of the Senate and the Clerk of the House of Delegates hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

                       Clerk of the Senate
                           ...............................................................
                               Clerk of the House of Delegates

         Originated in the Senate.
         In effect from passage.

                                       ...............................................................
                                                 President of the Senate
                                                           ...............................................................
                                                              Speaker of the House of Delegates
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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