WEST virginia Legislature
2019 regular session
House Bill 2159
By Delegate Rowe
[Introduced January 9, 2019; Referred
to the Committee on Technology and Infrastructure then Finance.]
A BILL to amend and reenact §17-4-18 of the Code of West Virginia, 1931, as amended, relating to requiring paving contracts for state highways to have special requirements to prevent potholes.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-18. Approved types of paving to be determined and advertised; paving contracts to have special requirements to prevent potholes.
(a) Before the
State Road Commissioner shall
Commissioner of Highways advertises for any contract for the paving of
any state road, he or she shall determine upon review and
approve plans and specifications for the construction of standard types
of paving suitable for the project contemplated. The construction plans and
specifications shall provide for reasonable assurances that the project will
prevent early potholes forming in the paved surface, including requirements for
painting of lines to prevent potholes on paving seams as may be needed to
complete the project. The commissioner and shall include in the
advertisement and proposals for such this work the types of
paving approved and line painting, as needed, which will be required
for a successful bid whether or not the paving and line painting are to be bid
(b) All state paving and line painting contracts shall contain provisions that ban the placement of paving seams where paint is to be applied for lane dividers, in order to prevent freezing of moisture in paving seams sealed under paint which in turn creates potholes, unless the painting is specifically approved in writing in advance by the responsible district engineer, or his or her designee, who has viewed the place for painting lines on pavement seams and has determined that potholes will not form under the painted lines.
NOTE: The purpose of this bill is to require paving contracts for state highways to have special requirements to prevent potholes.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.