HB4074 HR&T AM 2-8

The Committee on Roads & Transportation moved to amend the bill on page 1, after the enacting clause, by striking the entire bill and inserting in lieu thereof the following:

    That the Code of West Virginia, 1931, be amended by adding thereto a new section, designated §8-18-1a; and to amend said code by adding thereto a new section, designated §17-4-36a, all to read as follows:

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND SEWERS; SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT OF DUTY TO PAY FOR SERVICE.

§8-18-1a. Bicycle, pedestrian and transit ways.

    (a) As used in this section:

    (1) “Complete streets” mean streets that are safe, comfortable and convenient for travel by all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities.

    (2) “Complete streets policy” means the planning, scoping, design, construction, reconstruction, operation and maintenance of roads in order to reasonably address the safety and accessibility needs of all users of all ages and abilities. A complete streets policy considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that needs vary in urban, suburban and rural settings.

    (3) “Governing body” means the mayor and council together, the council, the board of directors, the commission, or other board or body of any municipality, by whatever name called, as the case may be, charged with the responsibility of enacting ordinances and determining the public policy of the municipality.

    (b) It is the policy of the Legislature to encourage complete streets and governing bodies shall view all transportation improvements as opportunities to improve safety, access and mobility for all travelers in West Virginia and shall recognize pedestrian, bicycle and transit modes as integral elements of the transportation system.

    (C) Within eighteen months of the effective date of this section, the governing body shall identify the internal policies, procedures, plans, design manuals and ordinances that could be used to facilitate the implementation of the complete streets policy, identify provisions in these documents that conflict with the complete streets policy and provide a schedule for updating such documents.

    (D) Complete streets features are not required when the governing body, in writing, with appropriate documentation, determines that:

    (1) Use by nonmotorized users is prohibited by law;

    (2) The cost would be excessively disproportionate to the need or probable future use over the long-term; or

    (3) There is an absence of current or future need; or

    (4) Preliminary engineering for a project has been completed prior to the effective date of this amendment; or

    (5) The work is maintenance activity designed to keep assets in serviceable condition.

CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 4. STATE ROAD, RAIL AND WATERWAY SYSTEMS.

§17-4-36a. Bicycle, pedestrian and transit ways.

(a) As used in this section:

    (1) “Complete streets” mean streets that are safe, comfortable and convenient for travel by all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities.

    (2) “Complete streets policy” means the planning, scoping, design, construction, reconstruction, operation and maintenance of roads in order to reasonably address the safety and accessibility needs of all users of all ages and abilities. A complete streets policy considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that needs vary in urban, suburban and rural settings.

    (3) “Commissioner” means the West Virginia Commissioner of Highways

    (b) It is the policy of the Legislature to encourage complete streets and the Commissioner shall view all transportation improvements as opportunities to improve safety, access and mobility for all travelers in West Virginia and shall recognize pedestrian, bicycle and transit modes as integral elements of the transportation system.

    (C) Within eighteen months of the effective date of this section, the Commissioner shall identify the internal policies, procedures, plans and design manuals that could be used to facilitate the implementation of the complete streets policy.     (D) Complete streets features are not required when the Commissioner, determines that:

    (1) Use by nonmotorized users is prohibited by law;

    (2) The cost would exceed budgeted funds allocated for the project; or

    (3) There is an absence of current or future need; or

    (4) Preliminary engineering for a project has been completed prior to the effective date of this amendment; or

    (5) The work is maintenance activity designed to keep assets in serviceable condition.