WEST virginia Legislature
2017 regular session
By
[
to the Committee on Roads and Transportation then Finance
A BILL to amend and
reenact §17-4-18 of the Code of West Virginia, 1931, as
amended, relating to requiring paving contracts for state highways to have
special requirements to prevent potholes.
Be it enacted by the
Legislature of West Virginia:
That §17-4-18 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. STATE ROAD
SYSTEM.
§17-4-18. Approved types
of paving to be determined and advertised; paving contracts to have special
requirements to prevent potholes.
(a) Before the State Road Commissioner shall Commissioner
of Highways advertises for any contract for the paving of any state road,
he or she shall determine upon review and approve plans
and specifications for the construction of standard types of paving
suitable for the project contemplated. The construction plans and
specifications shall provide for reasonable assurances that the project will
prevent early potholes forming in the paved surface, including requirements for
painting of lines to prevent potholes on paving seams as may be needed to
complete the project. The commissioner and shall include in the
advertisement and proposals for such this work the types of
paving approved and line painting, as needed, which will be required
for a successful bid whether or not the paving and line painting are to be bid
separately.
(b) All state paving and
line painting contracts shall contain provisions that ban the placement of
paving seams where paint is to be applied for lane dividers, in order to
prevent freezing of moisture in paving seams sealed under paint which in turn creates
potholes, unless the painting is specifically approved in writing in advance by
the responsible district engineer, or his or her designee, who has viewed the
place for painting lines on pavement seams and has determined that potholes
will not form under the painted lines.
NOTE: The purpose of this bill is
to require paving contracts for state highways to have special requirements to
prevent potholes.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.