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WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 3377
By Delegates Mallow, DeVault, and T. Clark
[Introduced March 14, 2025; referred to the Committee on Energy and Public Works then the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article designated §8-13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B-6 ,and §8-13B-7, relating to non-state owned road repair by municipalities; providing a short title; providing definitions; establishing authority for municipalities to improve non-state owned roads; clarifying legal protection against litigation; establishing public notification and transparency; authorizing funding; and providing an effective date.
Be it enacted by the Legislature of West Virginia:
This act may be cited as the "Non-State Owned Roads Improvement Act".
For the purpose of this article
"Municipality" means any local government entity, including cities, towns, and counties.
"Non-state owned roads" means roads that are not owned or maintained by the state or federal government.
Municipalities are hereby granted the authority to undertake improvements on non-state owned roads within their jurisdiction, which includes but is not limited to:
(1) Paving and resurfacing;
(2) Repairing potholes;
(3) Installing signage and traffic signals;
(4) Enhancing drainage systems; and
(5) Making road safety improvements.
(a) No municipality shall be held liable in civil court for damages resulting from improvements made to non-state owned roads: Provided, That:
(1) The municipality undertook improvements in good faith;
(2) The improvements complied with applicable standards and regulations; and
(3) There was no gross negligence or willful misconduct involved in the improvement process.
(a) Prior to undertaking any improvements, municipalities shall provide public notification of proposed improvements, which may include:
(1) Posting a notice at municipal offices;
(2) Utilizing local media; or
(3) Engaging community meetings.
(b) Municipalities shall maintain transparency by publishing project details, timelines, and funding sources on their official websites.
Municipalities are authorized to make improvements on non-state owned roads and may do so using:
(1) Existing municipal funds authorized for infrastructure development;
(2) State and federal grants dedicated to infrastructure development; and
(3) Partnerships with private entities.
This act shall take effect immediately upon its passage and approval.
NOTE: The purpose of this bill is to facilitate the improvement of non-state owned roads by municipalities while providing legal safeguards against litigation, ensuring that local governments can enhance infrastructure and ensure public safety effectively.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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