WEST virginia legislature
2025 regular session
Committee Substitute
for
Senate Bill 1
By Senator Chapman
[Reported March 11, 2025, from the Committee on Transportation and Infrastructure]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17-4-8a, relating to road paving and utility work coordination; defining terms; requiring reports by utilities; requiring report review by the Division of Highways and posting of information on its website; and requiring restoration work by utilities.
Be it enacted by the Legislature of West Virginia:
(a) In order to avoid the destruction of newly paved roads, each utility and the Division of Highways shall coordinate with each other concerning the timing of paving activity and utility work that disturbs any paved road.
(b) For purposes of this section:
(1) “Paved road” means any paved road in the state road system.
(2) “Paving activity” means any paving or resurfacing of at least 300 linear feet of a state right-of-way but excludes patching.
(3) “Utility” means any utility as defined in §17-2A-17a of this code.
(c) Beginning in February 2026 and annually thereafter, each utility shall provide a report that lists all projects planned by the utility that require digging or cutting into any paved road to the district office of the Division of Highways in which the paved road is located. The report shall include identification of any grants that have either been received or applied for that may result in work that affects a paved road. The Division of Highways shall review and consider such reports in conjunction with the division’s planning of projects and paving activity.
(d) Beginning September 1, 2025, the Division of Highways shall make available on the division’s website the following:
(1) A map of its districts;
(2) A list of all planned paving activities with approximate paving activity dates and with reasonable paving activity location information; and
(3) A copy of all reports provided by a utility by district pursuant to this section for the most current year.
(e) Nothing in this section prohibits the Division of Highways from filling potholes or performing other necessary maintenance work for the safety of vehicular or foot traffic upon roads that are scheduled for utility projects.
(f) Nothing in this section prohibits a utility from digging or cutting and subsequently patching paved roads in accordance with §17-16-6 of this code in order to perform necessary utility repairs or projects. After performing any work that damages a paved road or other public right-of-way, the utility shall repair the road or right-of-way without unreasonable delay to a condition as good or better than before the utility work.