West Virginia Senate Bill SB353

West Virginia 2025 Regular Session

• Introduced: 2/13/25
• Refer: 2/13/25

Caption

DOH rule relating to construction and reconstruction of state roads

Summary

SB353 authorizes the Division of Highways to promulgate a legislative rule governing the construction and reconstruction of state roads. The bill does not itself set out detailed engineering or procurement standards; instead, it approves a previously filed and revised administrative rule, identified as 157 CSR 03, after it was modified to address objections from the Legislative Rule-Making Review Committee and refiled. In practical terms, the bill gives legal effect to the Division of Highways’ rulemaking on how state road construction and reconstruction projects are to be handled. By authorizing the rule, the Legislature allows the agency to proceed under a formal regulatory framework for road work, which can affect project planning, design, standards, and implementation across the state highway system.

Impact

The bill amends and reenacts §64-8-1 of the West Virginia Code to authorize a specific legislative rule for the Division of Highways. Its effect is to validate the agency’s rule on construction and reconstruction of state roads, thereby incorporating that rule into the state’s regulatory structure and allowing it to be enforced as authorized administrative law. The measure primarily affects the Division of Highways, contractors, engineers, and other parties involved in state road projects, rather than creating new substantive statutory duties directly in the code.

Sentiment

The available record shows a neutral, procedural posture rather than a contested policy debate. Because there are no committee transcripts or recorded votes in the provided materials, there is no evidence of strong support or opposition in the discussion record. The bill appears to be a routine authorization of an administrative rule, suggesting general legislative acceptance of the Division of Highways’ revised rule after it was adjusted to address committee concerns.

Contention

The only apparent point of contention is the underlying legislative-rule review process, since the rule was modified to meet objections from the Legislative Rule-Making Review Committee before being refiled. No specific substantive disagreements are documented in the provided materials, and there is no record here of opposition from legislators, the Division of Highways, contractors, local governments, or the public. As presented, the bill is mainly about formal approval of an agency rule rather than a broader policy dispute.