West Virginia 2024 Regular Session

West Virginia House Bill HB5388

Introduced
1/31/24  

Caption

Relating generally to asphalt grindings or millings from any WVDOH Right of Way

Impact

If enacted, HB 5388 will clarify the legal framework under which the Commissioner can oversee the disposal of surplus asphalt grindings or millings. It explicitly states that such materials are to remain the property of the Division of Highways and cannot be sold for profit by contractors. Instead, the bill allows contractors to dispose of these materials to local residents, promoting local use rather than commercial gain. This change aims to enhance resource management practices regarding state-owned materials while ensuring that public safety and local interests are maintained.

Summary

House Bill 5388 seeks to amend the existing legislation concerning the disposition of surplus materials, specifically asphalt grindings or millings, by the West Virginia Commissioner of Highways. The bill outlines the procedures for how surplus materials that are no longer considered usable or necessary are to be managed. This includes the potential for these materials to be transferred to other governmental agencies or sold, but with restrictions in place regarding profit-making and commercial sale by contractors.

Sentiment

The sentiment surrounding HB 5388 appears to be neutral to supportive, as the bill focuses on proper management and disposal of state resources rather than controversial issues. Supporters may view the bill as a necessary clarification that supports transparency and efficiency in how state surplus materials are handled. However, there may still be concerns from local residents or other stakeholders regarding the practical implementation of these disposal measures and the potential environmental impacts of improperly managed surplus materials.

Contention

Notably, one point of contention with HB 5388 is the prohibition on the sale of asphalt grindings or millings for profit, which could draw criticism from contractors who may have seen economic opportunity in such sales. Local officials and residents may have divergent views on the disposal of these materials, depending on the perceived benefits or drawbacks to their specific communities. Ensuring adequate storage and appropriate local usage of these surplus materials could also be an area for future debate and adjustment.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2781

Establishing Comprehensive Highway Paving Plan

WV HB2527

Relating to revising the criminal code generally

WV HB3080

To mandate sharp containers, AED monitors, and first aid kits at WV rest areas

WV SB446

Removing methanol and methanol fuel from definition of special fuel

WV HB3238

Removing methanol and methanol fuel from the definition of special fuel

WV HB2822

Relating to the consumers sales and service tax and returning the refundable exemption for sales of construction and maintenance materials acquired by a second party for use in Division of Highways projects

WV HB2006

Relating to reorganizing the Department of Health and Human Resources

WV SB7

Returning refundable exemption for road construction contractors to State Road Fund

WV HB3203

Relating generally to West Virginia Real Estate License Act

WV HB2955

Relating to the establishment and operation of regional water, wastewater and stormwater authorities

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