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Bill

H 50

PUBLIC WORKS – Amends existing law to revise a provision regarding delegation of public works projects.

68th Legislature, 1st Regular Session (2025)

Raises the delegation limit for public works to $500,000 and requires written agency requests and PBF advisory council approval, preserving oversight and standards.

Reported Signed by Governor on February 18, 2025 Session Law Chapter 5 Effective: 07/01/2025
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Bill Summary · H 50

Idaho House Bill 50 (H 50) – Public Works: Delegation of Projects

Overview

H 50 amends Idaho Code § 67-5710A to revise how public works projects can be delegated to state agencies. The measure increases the dollar threshold at which delegation is permitted, clarifies the delegation process, and preserves oversight and compliance requirements. The bill was introduced January 24, 2025, and became law as Session Law Chapter 5, effective July 1, 2025, with an emergency clause.

What the bill does

  • Raises the delegation limit: The threshold for delegating design, construction, and related oversight from the Division of Public Works to state agencies is increased from $300,000 to $500,000.
  • Delegation process: Delegation is permitted on a project-by-project basis if:
    • a responsible party at the state agency requests delegation in writing, and
    • the permanent building fund (PBF) advisory council approves the delegation.
  • Oversight and responsibilities: The delegated agency assumes full responsibility for project budgets and will receive funds for the project upon application and PBF advisory council approval.
  • Compliance and controls remain intact: Delegated projects must still comply with public works statutes, life safety and building codes, and any guidelines adopted by the Division of Public Works and the PBF advisory council. Prior written approval is required for sole-source or limited-competition procurements. Emergency declarations under delegation are not authorized.
  • Funding and contingencies: Agencies delegated projects may not access PBF contingency funds unless approved or appropriated. The PBF advisory council may audit delegated projects for code and policy compliance.
  • Contracting documents: Delegated projects must use standard professional services and construction contract documents adopted by the Division of Public Works.
  • Termination of delegation: The administrator may cancel delegation with the concurrence of the PBF advisory council.

Who is affected

  • State agencies and institutions receiving delegated project authority (subject to the new $500,000 threshold).
  • Division of Public Works (administering delegation and oversight).
  • Permanent Building Fund Advisory Council (approving delegation requests and auditing delegated projects).
  • Contracting parties (providers of professional services and construction, operating under standard templates).

Fiscal and financial impact

  • The accompanying fiscal note states: there is no impact on the General Fund, dedicated funds, or federal funds because delegations will only occur to agencies with sufficient in-house resources.

Timeline and effective dates

  • Introduced: January 24, 2025
  • Status: Passed through the Legislature and signed by the Governor February 18, 2025
  • Enactment: Effective July 1, 2025 (emergency declaration in the act)
  • Legislative history highlights: The bill progressed through readings and floor actions in February 2025 and became Chapter 5 of the 2025 Session Laws.

Why it matters

  • The bill aims to streamline public works delivery by expanding the enablable scope for internal agency delegation, potentially speeding project execution while preserving critical oversight, safety, and compliance requirements. It balances efficiency with accountability through written delegation requests, council approvals, audits, and standardized contracting practices.

Compiled from official sources — confirm details with the bill’s official record.

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