H. B. 2917
(By Delegate Guthrie)
[Introduced January 13, 2010; 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 §17-4-36a, 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 §17-4-36a, to read as
follows:
ARTICLE 4. STATE ROAD, RAIL AND WATERWAY SYSTEMS.
§17-4-36a. Bicycle, pedestrian and transit ways.
(a) Bicycle, pedestrian and transit ways shall be given full
consideration and funding in the planning, development and
redevelopment of state roads, rail beds and waterways including the
incorporation of bicycle, pedestrian and transit ways into state, regional and local plans and programs.
(b) In or within five miles of an urban area or rural
municipality, bicycle, pedestrian and transit ways shall be
established in conjunction with the construction, reconstruction or
other change of any state road, rail bed or waterway including:
(1) In pavement resurfacing projects that widen or narrow the
existing traveled way to provide stabilized shoulders, rail beds
and waterways; or
(2) Bicycle, pedestrian and transit ways may be included in
pavement resurfacing and stabilization projects when local support
is evident and bicycling, walking and contemporary low cost, low
emission vehicles for transit ways can be added within the overall
scope of the original or redesigned roadwork, rail bed or waterway.
(c) The Division of Transportation shall establish design and
construction standards for bicycle, pedestrian and transit ways.
Beginning July 1, 2010, this section shall apply to planning,
training, redesign and reengineering work. Beginning July 1, 2011,
this section shall apply to construction and reconstruction
projects along state roadways, rail beds and waterways.
(1) Beginning July 1, 2010, the Division of Transportation
shall allocate a minimum of $500,000 per annum from a proportionate
fifty-fifty share of federal and state funds to municipalities
located within five miles of an urban area or rural municipality
located on a state road, railway bed or waterway. Municipalities or local governments shall utilize these funds to create a minimum
of two FTE positions within local community development, community
association or other locally recognized and authorized
organizations where local support is evident.
(2) Locally employed FTE's shall serve as liaison officers
between urban and rural municipalities and the Division of
Transportation to develop and implement community approved plans
for engineering design, redesign and construction of state roads,
rail beds and waterways.
(d) Notwithstanding any other provision of this code,
community approved plans solely shall determine standards and
limits for vehicle size and weights and shall also determine
standards and system designs to contain and remove air, water,
dust and noise pollution along state roads, rail way beds and
waterways locally identified for construction and reconstruction
design. These standards and system designs shall include coal haul
trucks, coal tipples, rail cars used to transport coal, chemicals
and timber, and barges used to transport coal, chemicals and other
combustible liquids.
(e) County, municipal and state law-enforcement agencies shall
share equal responsibility for enforcing compliance with approved
community standards and system designs implemented on state
roadways, rail beds and waterways.
NOTE: The purpose of this bill is to include bicycle,
pedestrian and transit ways in consideration in the planning,
development and redevelopment of state roads, railways and
waterways. It provides that bicycle, pedestrian and transit ways
shall be established in conjunction with the construction,
reconstruction or other changes of any state road, rail bed or
transit way, with special emphasis to projects in or within five
miles of an urban area or rural municipality.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.