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Introduced Version House Bill 4154 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4154


(By Delegates Guthrie, Klempa,
Ennis, Ferro and Martin)
[Introduced January 21, 2010; 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 §17-4-36a, relating to bicycle and pedestrian ways being given full consideration in the planning and development of state roads; providing when bicycle and pedestrian ways must be established; and providing exceptions.

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 §17-4-36a, to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-36a. Bicycle and pedestrian ways.
(a) Bicycle and pedestrian ways are to be given full consideration in the planning and development of state roads, including the incorporation of bicycle and pedestrian ways into state plans and programs.
(b) In or within one mile of an urban area, bicycle and pedestrian ways must be established in conjunction with the construction, reconstruction or other change of any state road except:
(1) In pavement resurfacing projects that do not widen the existing traveled way or do not provide stabilized shoulders; or
(2) Where approved by the Commissioner of Highways based upon documented safety issues, excessive cost or absence of need.
(c) Bicycle and pedestrian ways may be included in pavement resurfacing projects when local support is evident or bicycling and walking accommodations can be added within the overall scope of the original road work.
(d) The Division of Highways is to establish design and construction standards for bicycle and pedestrian ways. Beginning July 1, 2010, this section applies to planning and training purposes only. Beginning July 1, 2011, this section applies to construction projects.



NOTE: The purpose of this bill is to include bicycle and pedestrian ways in consideration in the planning and development of state roads. It provides that bicycle and pedestrian ways shall be established in conjunction with the construction, reconstruction or other changes of any state road, with special emphasis to projects in or within one mile of an urban area. The bill also provides for exceptions.

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