WEST VIRGINIA LEGISLATURE

2025 REGULAR SESSION

Introduced

Senate Bill 898

By Senators Oliverio and Rose

[Introduced March 24, 2025; referred
to the Committee on Transportation and Infrastructure; and then to the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §17-9-1, relating to a pilot program for snow removal; requiring requests for proposals; establishing a time limit; establishing liability; creating criminal penalties; and providing terms for cancelling a contract.    

Be it enacted by the Legislature of West Virginia:

ARTICLE 9. GENERAL PROVISIONS APPLICABLE TO STATE ROADS.

§17-9-1 Snow removal pilot program.

(a) The Division of Highways is tasked with providing snow removal for all 55 counties of the State of West Virginia, with the roads being prioritized into 4 categories:

(1) Priority 1 Routes: Interstate, Expressway, National Highway System, and all other United States and West Virginia routes with some Priority 1 routes also include high-traffic county routes;

(2) Priority 2 Routes: All other school bus routes that are not considered Priority 1;

(3) Priority 3 Routes: Remaining routes, not including park and forest routes; and

(4) Priority 4 Routes: Park and forest routes.  

(b) When routes that fall under Priority 1 are cleared, members of the Division of Highways can then move onto secondary routes in Priority routes 2 and 3 but will go back to clearing Priority 1 routes if more snow falls.

(c) Snow removal on the secondary roads in Monongalia County and Preston County has not been dependable providing a hardship on the citizens of West Virginia.

(d) The Division of Highways shall establish a two-year pilot program to put out a Request for Proposal for multiple vendors to provide snow removal for District 4's secondary roads in Monongalia County and Preston County.

(e) The Division of Highways shall have sole discretion in identifying the specific roads requiring  maintenance under this pilot program.

(f) No vendor employed to remove snow and ice from the secondary roads in Monongalia County and Preston County shall be afforded sovereign immunity or immunity in any form whatsoever.

(g) Vendors so employed shall be liable for civil damages, including damages for death, injury, or property damage resulting from any act or omission relating to the removal of snow and ice from the secondary roads in Monongalia County and Preston County.

(h) In the event that a contracted vendor is substandard or non-satisfactory, the Secretary of the Division of Highways can terminate the vendor's contract with 30 days' notice.

NOTE: The purpose of this bill is to create a snow removal pilot program with the Division of Highways.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.