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.