H. B. 2804


(By Delegate McGraw)
[Introduced March 31, 1993; referred to the
Committee on Roads and Transportation.]




A BILL to amend article four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto six new sections, designated sections twenty-one-a, twenty-one-b, twenty-one-c, twenty-one-d, twenty-one-e and twenty-one-f, all relating to roads and highways; six-year comprehensive program and financial plan for road and highway improvement; preparation, biennial revisions; hearings; requirement for submission of plan.

Be it enacted by the Legislature of West Virginia:

That article four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto six new sections, designated sections twenty-one-a, twenty-one-b, twenty-one-c, twenty-one-d, twenty-one-e and twenty-one-f, all to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§ 17-4-21a. Six-year program and financial plan for construction improvement program.

The department of highways shall prepare and periodically revise, after consultation with the state road commission, appropriate legislative committees and the public, a comprehensive six-year program and financial plan for highway improvements. This program and plan shall specify program objectives for each of the road categories defined in section one of this article and within the framework of estimated funds for such period. The program and plan shall be based upon the improvement needs for state highways as determined by the department from time to time.

Within reasonable deviations that may be required to effectively utilize the estimated funds and to adjust to unanticipated delays in programmed projects, the department shall allocate the estimated funds among the following described categories of highway improvements so as to carry out the department's program objectives:
(a) Category A consists of those improvements immediately necessary to sustain the structural, safety and operational integrity of the existing state road system, other than improvements to the interstate and Appalachian regional commission systems which are funded with federal aid;
(b) Category B consists of improvements for the continued development of the interstate and Appalachian regional commission systems funded with federal aid at the appropriate regular rate under federal law and regulations;
(c) Category C consists of the development of other road improvements, except improvements to the interstate and Appalachian regional commission systems funded with federal aid, including designated by unconstructed roads which are vital to the statewide or any regional road network.
§ 17-4-21b. Allocation of funds for construction improvement projects; factors.

Notwithstanding any other provision of this code to the contrary, the department of highways, in preparing or revising the comprehensive six-year program and financial plan for highway improvements, shall allocate the estimated funds among improvement categories A, B and C, as described in section twenty-one-a of this article, giving primary consideration to the following factors:

(a) The relative needs in each of the categories of improvements A, B and C;
(b) The need to provide adequate funding for category A improvements to protect the state's investment in its existing road system; and
(c) The continuity of future road development of all categories of improvements with those previously programmed.
§ 17-4-21c. Six-year comprehensive construction improvement program and financial plan adoption and biennial revision.

Prior to the first day of July, one thousand nine hundred ninety-three, and of each succeeding odd-numbered year, the department of highways shall adopt and thereafter biennially revise, after the consultation required in section twenty-one-a of this article and after adequate opportunity for public input, the comprehensive six-year program and financial plan for the construction improvement program, including program objectives, as specified in section twenty-one-a of this article.

§ 17-4-21d. Six-year comprehensive highway improvement program and financial plan; priority selection criteria; departure from criteria.

(a) The comprehensive six-year program and financial plan for each category of highway improvements shall be based upon a priority selection system within the program objectives which priority selection system is established by the department of highways for each category described in section twenty-one-a of this article. The department, using the criteria set forth in section twenty-one-a, shall determine the category of each highway improvement.

(b) Selection of specific category A projects for the six-year program shall take into account all of the following criteria for each project:
(1) Structural ability of the highway to carry loads imposed upon it;
(2) Capacity of the highway to move traffic at reasonable speeds without undue congestion;
(3) Adequacy of the highway's alignment and related geometrics;
(4) The accident experience on the highway; and
(5) The fatal accident experience on the highway.
(c) Selection of specific category B projects for the six-year program shall be based upon completion of the interstate and Appalachian regional commission systems.
(d) Selection of specific category C projects for the six-year program shall be based on the priority of each highway section proposed to be improved in relation to other sections of the road system within the state and region with full regard to the structural, geometric, safety and operational adequacy of the existing highway section taking into account the following:
(1) Continuity of development of the road transportation network;
(2) Coordination with the development of other modes of transportation;
(3) The stated long range goals of the local area and its transportation plan;
(4) Potential social, economic and environmental impacts;
(5) Public opinion regarding proposed improvements;
(6) Conservation of energy resources; and
(7) The feasibility of financing the full proposed improvement.
(e) The department may depart from the priority of projects established in the six-year plan:
(1) To the extent that funds cannot be otherwise utilized feasibly and most effectively within the program;
(2) As may be required by a court judgment, legally binding agreement or state and federal laws and regulations;
(3) As may be required to coordinate with federal, local or other state agency construction projects;
(4) To take advantage of some substantial financial benefit that may be available;
(5) For continuity of route development; or
(6) Because of changed financial or physical conditions of an unforeseen or emergency nature.
The department shall maintain in its files information sufficient to justify under the criteria in this subsection any such departure from the established priority of projects in the current six-year plan.
§ 17-4-21e. Public hearings.

After preparation, but prior to adoption, of the initial comprehensive six-year program and financial plan for the construction improvement program by the department of highways pursuant to section twenty-one-c of this article, the department of highways shall conduct a public hearing in each of the four congressional districts of the state at which the entire six-year plan shall be discussed and the expressed views of the public considered. Such hearing shall be conducted only after publishing notice of the same in a newspaper or in newspapers having general circulation within that congressional district once a week for two consecutive weeks, the last advertisement being not less than five days prior to the date of the hearing. In addition, notice of the proposed hearing shall be posted at the courthouse of each county within the said district at least ten days prior to the date of the hearing.

Such hearings shall also be held after preparation of, but prior to adoption of, any biennial revision by the department pursuant to section twenty-one-c of this article.
After such hearings, the department shall consider any views expressed and shall thereafter adopt the comprehensive six-year plan or succeeding revisions to that comprehensive six-year plan.
§ 17-4-21f. Submission of six-year plan and biennial revisions.

After adoption of the comprehensive six-year plan or any biennial revision thereof pursuant to this article, the department of highways shall cause copies of that plan or revisions to be submitted to all elected state officials, the county commission of each county in the state, and any member of the public who requests the same and pays to the department of highways a reasonable fee to reimburse that department for the cost of reproduction, if such fee is found necessary by the department of highways. In addition, the department of highways shall cause copies of the comprehensive six-year plan to be made available for public inspection at locations throughout the state accessible to the public, including, but not limited to, public libraries and offices of the department of highways.




NOTE: The purpose of this bill is to require the Department of Highways to develop and maintain a six-year comprehensive program and financial plan for road and highway improvement.

§§21a, 21b, 21c, 21d, 21e and 21f are new; therefore, strike-throughs and underscoring have been omitted.