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Introduced Version House Bill 2125 History

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hb2125 intr
H. B. 2125


          (By Delegates Guthrie, Poore, Miley, Manchin,
Longstreth, Marshall and L. Phillips)

          [Introduced February 13, 2013; 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 §8-18-1a; and to amend said code by adding thereto a new section, designated §17-4-36a, all 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 §8-18-1a; and to amend said code by adding thereto a new section, designated §17-4-36a, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND SEWERS; SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT OF DUTY TO PAY FOR SERVICE.
§8-18-1a. Bicycle, pedestrian and transit ways.
_____(a) As used in this section:
_____(1) "Complete streets" mean streets that are safe, comfortable and convenient for travel by all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities.
_____(2) "Complete streets features" include, but are not limited to, sidewalks, crosswalks, accessible curb ramps, curb extensions, raised medians, refuge islands, roundabouts or mini-circles, traffic signals and accessible pedestrian signals including audible and vibrotactile indications and pedestrian countdown signals, shared-use paths, bicycle lanes, paved shoulders, street trees, planting strips, signs, street furniture, bicycle parking facilities, public transportation stops and facilities, dedicated transit lanes and transit priority signalization.
_____(3) "Governing body" means the mayor and council together, the council, the board of directors, the commission, or other board or body of any municipality, by whatever name called, as the case may be, charged with the responsibility of enacting ordinances and determining the public policy of the municipality.
_____(b) It is the policy of the Legislature to encourage complete streets, and in furtherance of that policy:
_____(1) The governing body shall incorporate complete streets features in the planning development, construction, maintenance and operation of transportation facilities, including in the reconstruction, rehabilitation or resurfacing of any transportation facility under the jurisdiction of the governing body, and the features shall be incorporated into transportation plans and programs.
_____(2) Notwithstanding subdivision (1) of this subsection, complete streets features are not required when the governing body, in writing, with appropriate documentation, determines that:
_____(A) Use by nonmotorized users is prohibited by law;
_____(B) The cost would be excessively disproportionate to the need or probable future use over the long-term; or
_____(C) There is an absence of current or future need.
_____(c) The governing body shall evaluate and update any internal policies, plans and design guidance to ensure consistency with the complete streets principles contained in this section.
_____(d) The governing body shall put into place performance standards with measurable benchmarks reflecting the ability of users to travel in safety and comfort along roads, and shall establish procedures to allow full public participation in policy decisions and transparency in individual determinations concerning the design and use of streets.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 4. STATE ROAD, RAIL AND WATERWAY SYSTEMS.
§17-4-36a. Bicycle, pedestrian and transit ways.
_____(a) As used in this section:
_____(1) "Complete streets" mean streets that are safe, comfortable and convenient for travel by all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities.
_____(2) "Complete streets features" include, but are not limited to, sidewalks, crosswalks, accessible curb ramps, curb extensions, raised medians, refuge islands, roundabouts or mini-circles, traffic signals and accessible pedestrian signals including audible and vibrotactile indications and pedestrian countdown signals, shared-use paths, bicycle lanes, paved shoulders, street trees, planting strips, signs, street furniture, bicycle parking facilities, public transportation stops and facilities, dedicated transit lanes and transit priority signalization.
_____(3) "Commissioner" means the West Virginia Commissioner of Highways.
_____(b) It is the policy of the Legislature to encourage complete streets, and in furtherance of that policy:
_____(1) The commissioner shall incorporate complete streets features in the planning development, construction, maintenance and operation of transportation facilities, including in the reconstruction, rehabilitation or resurfacing of any transportation facility under the jurisdiction of the commissioner, and the features shall be incorporated into transportation plans and programs.
_____(2) Notwithstanding subdivision (1) of this subsection, complete streets features are not required when the commissioner, in writing, with appropriate documentation, determines that:
_____(A) Use by nonmotorized users is prohibited by law;
_____(B) The cost would be excessively disproportionate to the need or probable future use over the long-term; or
_____(C) There is an absence of current or future need.
_____(c) The commissioner shall evaluate and update any internal policies, plans and design guidance to ensure consistency with the complete streets principles contained in this section.
_____(d) The commissioner shall put into place performance standards with measurable benchmarks reflecting the ability of users to travel in safety and comfort along roads, and shall establish procedures to allow full public participation in policy decisions and transparency in individual determinations concerning the design and use of streets.




     NOTE: The purpose of this bill is to include complete streets that are safe, comfortable and convenient for travel by all users, including pedestrians, bicyclists, motorists and transit riders in internal policies, plans and design guidance in the planning, development construction and maintenance of roads in this state.

      §8-18-1a and §17-4-36a are new; therefore, both sections have been completely underscored.
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