Introduced Version
House Bill 2125 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2125
(By Delegates Guthrie, Poore, Miley, Manchin,
Longstreth, Marshall and L. Phillips)
[Introduced February 13, 2013; referred to the
Committee on Roads and Transportation then Finance .]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-18-1a; and to
amend said code by adding thereto a new section, designated
§17-4-36a, all relating to bicycle, pedestrian and transit
ways given full consideration in the planning, development and
redevelopment of state roads, railways and waterways.
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 section, designated §8-18-1a; and to amend
said code by adding thereto a new section, designated §17-4-36a,
all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND SEWERS;
SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT
OF DUTY TO PAY FOR SERVICE.
§8-18-1a. Bicycle, pedestrian and transit ways.
_____(a) As used in this section:
_____(1) "Complete streets" mean streets that are safe, comfortable
and convenient for travel by all users, including pedestrians,
bicyclists, motorists and transit riders of all ages and abilities.
_____(2) "Complete streets features" include, but are not limited
to, sidewalks, crosswalks, accessible curb ramps, curb extensions,
raised medians, refuge islands, roundabouts or mini-circles,
traffic signals and accessible pedestrian signals including audible
and vibrotactile indications and pedestrian countdown signals,
shared-use paths, bicycle lanes, paved shoulders, street trees,
planting strips, signs, street furniture, bicycle parking
facilities, public transportation stops and facilities, dedicated
transit lanes and transit priority signalization.
_____(3) "Governing body" means the mayor and council together, the
council, the board of directors, the commission, or other board or
body of any municipality, by whatever name called, as the case may
be, charged with the responsibility of enacting ordinances and
determining the public policy of the municipality.
_____(b) It is the policy of the Legislature to encourage complete
streets, and in furtherance of that policy:
_____(1) The governing body shall incorporate complete streets
features in the planning development, construction, maintenance and
operation of transportation facilities, including in the
reconstruction, rehabilitation or resurfacing of any transportation facility under the jurisdiction of the governing body, and the
features shall be incorporated into transportation plans and
programs.
_____(2) Notwithstanding subdivision (1) of this subsection,
complete streets features are not required when the governing body,
in writing, with appropriate documentation, determines that:
_____(A) Use by nonmotorized users is prohibited by law;
_____(B) The cost would be excessively disproportionate to the need
or probable future use over the long-term; or
_____(C) There is an absence of current or future need.
_____(c) The governing body shall evaluate and update any internal
policies, plans and design guidance to ensure consistency with the
complete streets principles contained in this section.
_____(d) The governing body shall put into place performance
standards with measurable benchmarks reflecting the ability of
users to travel in safety and comfort along roads, and shall
establish procedures to allow full public participation in policy
decisions and transparency in individual determinations concerning
the design and use of streets.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 4. STATE ROAD, RAIL AND WATERWAY SYSTEMS.
§17-4-36a. Bicycle, pedestrian and transit ways.
_____(a) As used in this section:
_____(1) "Complete streets" mean streets that are safe, comfortable and convenient for travel by all users, including pedestrians,
bicyclists, motorists and transit riders of all ages and abilities.
_____(2) "Complete streets features" include, but are not limited
to, sidewalks, crosswalks, accessible curb ramps, curb extensions,
raised medians, refuge islands, roundabouts or mini-circles,
traffic signals and accessible pedestrian signals including audible
and vibrotactile indications and pedestrian countdown signals,
shared-use paths, bicycle lanes, paved shoulders, street trees,
planting strips, signs, street furniture, bicycle parking
facilities, public transportation stops and facilities, dedicated
transit lanes and transit priority signalization.
_____(3) "Commissioner" means the West Virginia Commissioner of
Highways.
_____(b) It is the policy of the Legislature to encourage complete
streets, and in furtherance of that policy:
_____(1) The commissioner shall incorporate complete streets
features in the planning development, construction, maintenance and
operation of transportation facilities, including in the
reconstruction, rehabilitation or resurfacing of any transportation
facility under the jurisdiction of the commissioner, and the
features shall be incorporated into transportation plans and
programs.
_____(2) Notwithstanding subdivision (1) of this subsection,
complete streets features are not required when the commissioner, in writing, with appropriate documentation, determines that:
_____(A) Use by nonmotorized users is prohibited by law;
_____(B) The cost would be excessively disproportionate to the need
or probable future use over the long-term; or
_____(C) There is an absence of current or future need.
_____(c) The commissioner shall evaluate and update any internal
policies, plans and design guidance to ensure consistency with the
complete streets principles contained in this section.
_____(d) The commissioner shall put into place performance
standards with measurable benchmarks reflecting the ability of
users to travel in safety and comfort along roads, and shall
establish procedures to allow full public participation in policy
decisions and transparency in individual determinations concerning
the design and use of streets.
NOTE: The purpose of this bill is to include complete streets
that are safe, comfortable and convenient for travel by all users,
including pedestrians, bicyclists, motorists and transit riders in
internal policies, plans and design guidance in the planning,
development construction and maintenance of roads in this state.
§8-18-1a and §17-4-36a are new; therefore, both sections have
been completely underscored.