Relating to authorizing the Division of Highways to promulgate a legislative rule relating to the construction and reconstruction of state roads
Summary
HB2273 is a rule-authorization bill that approves a legislative rule for the West Virginia Division of Highways governing the construction and reconstruction of state roads. The bill does not itself create a new program or funding source; instead, it gives statutory authorization for a previously filed and revised administrative rule, identified as 157 CSR 03, to take effect under the state’s legislative rulemaking process.
The rule referenced in the bill was filed in the State Register on August 27, 2024, modified to address objections from the Legislative Rule-Making Review Committee, and refiled on October 11, 2024. By amending and reenacting §64-8-1 of the West Virginia Code, the bill updates the list of authorized legislative rules and confirms the Division of Highways’ authority to regulate standards and procedures for state road construction and reconstruction. The practical effect is to validate the agency’s rule within state law and allow it to be enforced as part of the administrative code.
Impact
HB2273 affects West Virginia Code §64-8-1, which is the statutory vehicle used to authorize legislative rules for state agencies. Its passage would authorize the Division of Highways’ rule on construction and reconstruction of state roads, making that rule legally effective and binding on the agency and affected transportation projects. The bill primarily impacts the Division of Highways, contractors, engineers, and other parties involved in state road work by confirming the governing regulatory framework for road construction standards and procedures.
Sentiment
Because the available record contains no committee transcript or recorded votes, there is no documented debate or opposition in the provided materials. The bill appears to be a routine administrative rule-authorization measure, which typically receives limited controversy unless the underlying rule is disputed. Based on the text alone, the sentiment is neutral and procedural, focused on formal approval of an agency rule rather than a policy dispute.
Contention
No specific points of contention are identified in the provided materials. The only potentially notable issue is that the bill authorizes a rule that had to be modified to meet objections from the Legislative Rule-Making Review Committee before being refiled, suggesting the committee reviewed and required changes to the rule’s content or structure. However, the nature of those objections is not included, and no legislators, agencies, or stakeholders are shown as opposing the bill in the available record.
Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education