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Introduced Version House Bill 2917 History

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hb2917 intr
H. B. 2917


(By Delegate Guthrie)
[Introduced March 3, 2009; 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, 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 §17-4-36a, to read as follows:
ARTICLE 4. STATE ROAD, RAIL AND WATERWAY SYSTEMS.
§17-4-36a. Bicycle, pedestrian and transit ways.
(a) Bicycle, pedestrian and transit ways shall be given full consideration and funding in the planning, development and redevelopment of state roads, rail beds and waterways including the incorporation of bicycle, pedestrian and transit ways into state, regional and local plans and programs.
(b) In or within five miles of an urban area or rural municipality, bicycle, pedestrian and transit ways shall be established in conjunction with the construction, reconstruction or other change of any state road, rail bed or waterway including:
(1) In pavement resurfacing projects that widen or narrow the existing traveled way to provide stabilized shoulders, rail beds and waterways; or
(2) Bicycle, pedestrian and transit ways may be included in pavement resurfacing and stabilization projects when local support is evident and bicycling, walking and contemporary low cost, low emission vehicles for transit ways can be added within the overall scope of the original or redesigned roadwork, rail bed or waterway.
(c) The Division of Transportation shall establish design and construction standards for bicycle, pedestrian and transit ways. Beginning July 1, 2010, this section shall apply to planning, training, redesign and reengineering work. Beginning July 1, 2011, this section shall apply to construction and reconstruction projects along state roadways, rail beds and waterways.
(1) Beginning July 1, 2010, the Division of Transportation shall allocate a minimum of $500,000 per annum from a proportionate fifty-fifty share of federal and state funds to municipalities located within five miles of an urban area or rural municipality located on a state road, railway bed or waterway. Municipalities or local governments shall utilize these funds to create a minimum of two FTE positions within local community development, community association or other locally recognized and authorized organizations where local support is evident.
(2) Locally employed FTE's shall serve as liaison officers between urban and rural municipalities and the Division of Transportation to develop and implement community approved plans for engineering design, redesign and construction of state roads, rail beds and waterways.
(d) Notwithstanding any other provision of this code, community approved plans solely shall determine standards and limits for vehicle size and weights and shall also determine standards and system designs to contain and remove air, water, dust and noise pollution along state roads, rail way beds and waterways locally identified for construction and reconstruction design. These standards and system designs shall include coal haul trucks, coal tipples, rail cars used to transport coal, chemicals and timber, and barges used to transport coal, chemicals and other combustible liquids.
(e) County, municipal and state law-enforcement agencies shall share equal responsibility for enforcing compliance with approved community standards and system designs implemented on state roadways, rail beds and waterways.



NOTE: The purpose of this bill is to include bicycle, pedestrian and transit ways in consideration in the planning, development and redevelopment of state roads, railways and waterways. It provides that bicycle, pedestrian and transit ways shall be established in conjunction with the construction, reconstruction or other changes of any state road, rail bed or transit way, with special emphasis to projects in or within five miles of an urban area or rural municipality.


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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