Be it enacted by the General Assembly of Virginia:

1. §1. That the Department of Transportation (the Department) shall promulgate regulations clarifying that design-build contractors are not required to employ a professional engineer on staff and may delegate or subcontract the engineer-in-charge position in order to qualify to submit a design-build proposal for or be awarded a transportation project. The regulations shall state that whether a design-build contractor employs an engineer on staff or delegates or subcontracts the engineer-in-charge position, the engineer-in-charge shall not be considered as a factor during the selection of a design-build contractor by the Department.