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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 158
(By Senators Beach and Stollings)
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[Introduced February 14, 2013; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Government Organization .]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17-4A-1, §17-4A-2
and §17-4A-3, all relating to creation of the Complete Streets
Act; adopting a complete streets policy applicable to all
streets, roads and highways and other transportation
infrastructure facilities under the jurisdiction of the
Commissioner of Highways; providing for model complete streets
policies for use by counties and municipalities; creating a
Complete Streets Advisory Board; and requiring annual reports.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17-4A-1, §17-4A-2 and
§17-4A-3, all to read as follows:
ARTICLE 4A. COMPLETE STREETS ACT.
§17-4A-1. Complete Streets.
(a) Vehicular, public transportation, bicycle, and pedestrian
modes are integral to the transportation system of this state. The
Division of Highways shall view all transportation improvements as
opportunities to improve safety, access and mobility for all
travelers.
(b) All transportation projects receiving federal or state
funds shall strive to improve safety, access and mobility for users
of all ages and abilities, defined to include pedestrians,
bicyclists, public transportation vehicles and their passengers,
motorists, movers of commercial goods, persons with disabilities,
older adults and children.
(c) Accommodation of all users shall be considered in the
planning, design, construction, reconstruction, rehabilitation,
maintenance and operations of any state, county, or local
transportation facilities receiving funds from the Division of
Highways. The Division of Highways shall aim to create a safe,
comprehensive, integrated and connected network to accommodate all
users in a manner that is suitable to the rural, suburban or urban
context.
(d) The Division of Highways shall use the latest and best
design standards as they apply to bicycle, pedestrian, transit and highway facilities, which may include, but are not limited to, the
latest editions of:
(1) A Policy on Geometric Design of Highways and Streets, from
the American Association of State Highway and Transportation
Officials;
(2)Designing Walkable Urban Thoroughfares: A Context Sensitive
Approach: An ITE Recommended Practice, from the Institute of
Transportation Engineers;
(3) Guide for the Development of Bicycle Facilities, from the
American Association of State Highway and Transportation Officials;
(4) Guide for the Planning, Design and Operation of Pedestrian
Facilities, from the American Association of State Highway and
Transportation Officials;
(5) Public Rights-of-Way Accessibility Guidelines, from the
U.S. Access Board; and
(6) Other relevant federal, state, or local guidance as
appropriate.
(e) The Division of Highways may provide assistance to and
coordinate with regional and local agencies in developing and
implementing complementary complete streets policies. In the
development of projects within municipal boundaries, the Division
of Highways and municipality shall share expertise in multimodal
transportation planning.
(f) The Division of Highways shall modify its procedures,
documents, training systems and performance measures in a timely
manner to ensure the needs of all users of the transportation
system are included in all phases of the projects. The Division of
Highways shall create an implementation plan, including a schedule
and a regional and local government and public outreach plan, in
consultation with the advisory board as outlined in section three
of this article.
§17-4A-2. Exceptions.
(a) The provision of facilities pursuant to section one of
this article is not required if the commissioner determines that:
(1) Use of a transportation facility by pedestrians,
bicyclists or other users is prohibited by law;
(2) The cost of new accommodation would be excessively
disproportionate to the need or probable use; or
(3) There is a demonstrated absence of future need, as
determined by factors including current and future land use,
current and projected user volumes, population density and crash
data.
(b) The commissioner shall consult local and regional plans
and leaders, as appropriate, in assessing exceptions.
(c) Documentation of any granted exceptions shall be made
publicly available and shared with the advisory board as established in section three of this article.
§17-4A-3. Complete Streets Advisory Board.
(a) A Complete Streets Advisory Board to the Division of
Highways is established to:
(1) Provide and facilitate communication, education and advice
between the Division of Highways, counties, municipalities,
interest groups and the public;
(2) Make recommendations to the Division of Highways, counties
and municipalities for restructuring procedures, updating design
guidance, providing educational opportunities to employees and
creating new measures to track the success of multimodal planning
and design; and
(3) Submit to the Joint Committee on Government and Finance,
through the Division of Highways, an annual report as outlined
herein.
(b) The advisory board shall consist of sixteen members,
designated as follows:
(1) The Commissioner of Highways or his or her designee;
(2) The Secretary of the Department of Transportation or his
or her designee;
(3) The Secretary of the Department of Health and Human
Resources or his or her designee; and
(4) Thirteen members that serve at the will and pleasure of the Governor and appointed by the Governor as follows:
(A) One member who is a licensed engineer with expertise in
transportation or civil engineering;
(B) One member representing the American Planning Association;
(C) One member representing a state association of counties;
(D) One member representing state association of
municipalities;
(E) One member representing a major regional or local public
transportation agency;
(F) One member representing a national association of retired
persons;
(G) One member representing an organization interested in the
promotion of bicycling;
(H) One member representing an organization interested in the
promotion of walking and health;
(I) One member representing an organization representing
persons with disabilities;
(J) One member representing an automobile and/or trucking
organization; and
(K) Three members of the general public interested in
promoting complete streets policies as determined by the Governor.
(c) The Commissioner of Highways shall serve as the first
chair of the advisory committee. The advisory committee shall meet at least twice a year and at the call of the chair or a majority of
the members. The members of the committee shall annually elect one
of its members to serve as chair after the first year.
(d) The initial terms of appointment for members appointed by
the Governor shall be as follows: Three members appointed to a term
of one year, three members appointed to a term of two years, three
members appointed to a term of three years, and four members
appointed to a term of four years. Thereafter each member shall be
appointed for four years. Members shall serve until his or her
successor is appointed. In the case of a vacancy the appointee
shall serve the remainder of the unexpired term. Members of the
advisory committee may succeed themselves and shall serve without
compensation. The members appointed by the Governor are entitled to
be reimbursed for actual and necessary expenses incurred for each
day or portion thereof engaged in the discharge of his or her
official duties as a member of the committee in a manner consistent
with the guidelines of the travel management office of the
Department of Administration.
(e) By December 1, 2013, and annually December 1 thereafter,
the advisory board shall submit a report to the Governor, the
Commissioner of Highways, and the Joint Committee on Government and
Finance on the status of implementation of section one of this
article.
(1) The reports shall include information such as:
(A) A summary of specific actions taken by the Division of
Highways in the preceding year to improve the safety, access and
mobility of roadways pursuant to section one of this article;
(B) Any identified statutory recommendations to facilitate
complete streets implementation;
(C) Modifications made to or recommended for protocols,
guidance, standards or other requirements to facilitate complete
streets implementation;
(D) Status of the development of multimodal performance
indicators;
(E) Information collected from agencies on the percentage of
trips made by foot, bicycle and public transportation together with
target level of use for these modes;
(F) Crash statistics by mode, age, road type and location and
other relevant factors; and
(G) Other related information that may be requested by the
Governor or Legislature.
(2) The report shall be coordinated with the Division of
Highways.
NOTE:
The purpose of this bill is to insure that streets are
safe, efficient and convenient for travel by all users, including
pedestrians, bicyclists, motorists and transit riders, in the policies, design guidance, planning, development, construction and
maintenance of roads in this state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
This legislation was recommended for introduction and passage
during the 2013 Regular Session of the Legislature by the
Legislative Select Committee on Infrastructure.