Committee Substitute

for


Senate Bill No. 183

(By Senators Love, Hunter, Ross, Schoonover and Kessler)

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[Originating in the Committee on Transportation;
reported February 3, 1998.]

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A BILL to amend chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-c, relating to establishing an orphan road and bridge acquisition and maintenance program in all counties; authorizing the use of able-bodied and willing welfare recipients and regional jail inmates to perform labor on repairs and maintenance; requiring the department of health and human resources to furnish the division of highways lists of names of available welfare recipients; criteria for including a road or bridge in the program; upgrading of certain roads and bridges; providing for the division of highways commissioner and personnel to identify and maintain orphan roads and bridges; and providing for termination of the program.

Be it enacted by the Legislature of West Virginia:

That chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article two-c, to read as follows:

ARTICLE 2C. ORPHAN ROAD AND BRIDGE ACQUISITION PROGRAM.

§17-2C-1. Establishment of an orphan road and bridge acquisition and maintenance program in all counties; criteria for designation as an orphan road or bridge.

Authority is hereby granted to the West Virginia division of highways to establish a program to acquire and maintain roads and bridges which meet the following three criteria: (1) are in existence as of the first day of January, one thousand nine hundred ninety-eight; (2) are roads or bridges which the public has a right to use, and (3) are roads or bridges not maintained by any governmental agency. These roads and bridges are herein designated as orphan roads and bridges.
The Legislature hereby finds and declares it to be important for the economic and social development of the state that a program for the identification, acquisition and maintenance of orphan roads and bridges be undertaken by the state. In particular, the Legislature finds and declares that basic maintenance should be performed on orphan roads and bridges to promote the well-being of the public.
§17-2C-2. Development of program; acquisition of rights-of-way.

The West Virginia division of highways shall develop an orphan roads and bridges identification, acquisition and maintenance program which shall include all counties. At the discretion of the commissioner of the division of highways, existing and temporary employees of the division shall be assigned to locate and designate each orphan road and bridge in each county. These employees shall give to the commissioner of highways, in a form proscribed by him or her, a detailed report on acquisition, status of rights-of-way, and needed maintenance for orphan roads and bridges in each county or highway district. Specific contents of each report shall be designated by the commissioner.
In order for a road or bridge to qualify for inclusion into the state system, all necessary rights-of-way shall be either dedicated or donated to the division of highways.
In the event that all property owners do not agree to dedicate or donate the necessary rights-of-way, then any individual, group, business or governmental entity can donate to the state road fund a sum sufficient to cover the expense of acquiring the right-of-way that has not been dedicated or donated.
§17-2C-3. Duties of commissioner with respect to orphan roads and bridges; criteria for inclusion.
After reviewing the reports made to section two of this article, the commissioner will determine whether a specific road or bridge should be added to the state maintenance system. The commissioner shall consider the following criteria in reaching his or her determination: (1) The availability of resources for maintaining the road or bridge; (2) the number of persons served by the road or bridge; (3) the current and anticipated use of the road or bridge; (4) the condition of the road or bridge; (5) the availability and suitability of alternate routes; (6) the suitability for maintenance equipment to access and maintain the road or bridge; (7) the existing design and layout of the road or bridge; and (8) the number of roads and bridges accepted into the maintenance system.

§17-2C-4. Workforce from welfare recipients and regional jail inmates; division of highways required to furnish maintenance materials.
The West Virginia department of health and human resources shall make available to the division of highways a list of able-bodied welfare recipients who are available and able to work a minimum of twenty hours a week at a manual labor job maintaining orphan roads and bridges under the supervision of the district highway office. In those counties where there are not sufficient able-bodied welfare recipients, regional jail inmates may be used, under guard, to perform the maintenance.
The division of highways is required to furnish trucks or other proper motor vehicles and gravel or other required materials to be used by the workforce created by this section in the maintenance of the orphan roads and bridges in each district and county.
§17C-2-5. Upgrading of roads and bridges in maintenance system.
Roads and bridges accepted into the maintenance system under the provisions of this article are admitted only for the purposes of maintenance. No upgrading of said roads and bridges is to be undertaken unless otherwise determined by the commissioner of highways.
§17C-2-6. Termination of orphan roads and bridges program; report to the legislature.

The orphan roads and bridges acquisition and maintenance program established pursuant to this article will terminate on the thirty-first day of December, two thousand one.

On or before the first day of January, two thousand two, the commissioner of the division of highways shall submit a report to the Legislature which recounts the activities of the program and the roads and bridges which have been accepted into the state maintenance system. The report shall include a breakdown by county of those roads and bridges being maintained, the estimated costs associated with maintenance and any other information the commissioner deems necessary. At that time, the commissioner shall also submit proposed legislation formulating a policy for the designation and acceptance into the state system of orphan roads and bridges in the future.



NOTE: The purpose of this bill is to establish a state program for acquisition and maintenance of orphan roads and bridges. It provides for establishing a program within the division of highways, requires rights-of-way acquisition, and inclusion of roads and bridges into system. It authorizes the use of able- bodied and willing welfare recipients and regional jail inmates to perform labor on maintenance of these roads and bridges; requires the Department of Health and Human Resources to furnish the Division of Highways lists of names of available welfare recipients; and authorizes the commissioner to assign personnel and to utilize temporary employees in the identification and oversight of the orphan roads and bridges program. The bill grants discretion to the commissioner of highways as to which roads and bridges will be accepted into the program, and outlines criteria to be applied in reaching those decisions. Finally, the bill calls for the program to be terminated on December 31, 2001, with a full report, plus proposed legislation, being made to the Legislature on or before January 1, 2002.

This is a new article; therefore, strike-through and underscoring have been omitted.