West Virginia 2022 Regular Session

West Virginia House Bill HB2761

Introduced
1/12/22  

Caption

Authorizing the Division of Highways to assess local impacts to roadways for activities permitted by the Department of Environmental Protection

Impact

If enacted, HB2761 would mandate the Commissioner of the Division of Highways to establish rules around which activities necessitate a roadway impact review. This is intended to ensure that any adverse effects on local road conditions are identified and addressed as part of the permitting process. The legislation is designed to safeguard the existing road systems by ensuring that they are capable of accommodating the projected traffic increases that might result from new developments.

Summary

House Bill 2761 aims to amend the Code of West Virginia to incorporate measures for assessing local roadway impacts resulting from activities permitted by the Department of Environmental Protection (DEP). It underscores the importance of evaluating how various permitted activities, especially those involving substantial construction or industrial operations, can affect local road systems, particularly in rural areas where existing use predominantly consisted of residential and agricultural activities. The bill requires that any permit issued by the DEP should include a local roadway impact assessment which will assess the types and volume of vehicles that will utilize these roads during the operation and construction phases.

Sentiment

Discussions surrounding HB2761 reflect a recognition of the necessity to protect local infrastructures from potential damage due to increased vehicular traffic. Supporters of this bill may argue that these amendments enhance accountability in the permitting process and better protect communities. Conversely, some stakeholders may express concerns regarding possible heightened bureaucratic procedures, which could slow down the permitting process for necessary development projects.

Contention

Notable contention arises over the enforcement of compliance with the conditions set out in the permits. The bill stipulates that if a permitted activity causes significant wear or damage to an impacted roadway, the permittee must undertake measures for repairs or improvements. Critics might argue that the responsibility placed upon permit holders may be burdensome, especially for small enterprises. The balance between fostering economic development through permits and ensuring the integrity of local roadways is a focal point of the debate.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2228

Assessing the health impact of any new air or water rule, or modification of an existing air or water rule, proposed by the Department of Environmental Protection

WV HB2233

Authorizing the Department of Environmental Protection to promulgate legislative rules

WV HB3884

Department of Environmental Quality; creating Division of Mines; consolidating the Department of Mines; effective date.

WV SB512

Department of Environmental Quality; creating Division of Mines; consolidating Department of Mines into Department of Environmental Quality. Effective date. Emergency.

WV SB512

Department of Environmental Quality; creating Division of Mines; consolidating Department of Mines into Department of Environmental Quality. Effective date. Emergency.

WV HB4480

Granting to the West Virginia Department of Environmental Protection Division of Air Quality the authority to invest the money held in certain funds

WV H1557

Department of Environmental Protection

WV HB3110

Relating to funding the Office of Oil and Gas in the Department of Environmental Protection

WV HB3405

Authorizing the West Virginia Commissioner of Highways to offer locality pay to Division of Highways employees working in certain jurisdictions

WV HB5434

Authorizing the West Virginia Commissioner of Highways to offer locality pay to Division of Highways employees working in certain jurisdictions

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