West Virginia House Bill HB4994

West Virginia 2026 Regular Session

• Introduced: 1/30/26
• Refer: 1/30/26

Caption

Relating to utility lines on the Division of Highways rights of way

Summary

House Bill 4994 revises West Virginia law governing the relocation of public utility lines and facilities that conflict with state highway construction projects. The bill requires the Division of Highways (DOH) to give utilities written notice, generally no more than 18 months in advance, when relocation is needed for a project, and it sets out a detailed process for utilities to acknowledge project plans, submit relocation plans and work schedules, and coordinate with DOH before and after the project is let for construction. The bill also creates a framework for reimbursement in certain circumstances. If a utility is legally responsible for its own relocation costs but cannot reasonably perform the work with its own staff or contractors in time for the highway project, DOH may enter a voluntary written reimbursement agreement and pay relocation costs from the State Road Fund, with the utility later repaying the portion it is legally required to bear within two years after project completion. The bill further authorizes DOH to provide full reimbursement at its discretion if a utility completes relocation by a deadline set by DOH and meets any additional written conditions. It also addresses who may perform design and construction work, requires utility approval of certain contractors or consultants, and allows DOH to adopt or seek emergency rules to implement the new procedures.

Impact

HB4994 would amend §17-4-17b of the West Virginia Code, expanding and clarifying the statutory rules for utility relocation on state highway rights-of-way. It would formalize notice, scheduling, and work-plan requirements for utilities, define when utilities may be held liable for delay-related damages, and specify exceptions when delays are not solely the utility’s fault. It also creates a new voluntary reimbursement mechanism that can shift upfront relocation costs to DOH and the State Road Fund, subject to later repayment by the utility when required by law, and it authorizes additional rulemaking by the division.

Sentiment

The bill appears generally favorable toward faster project delivery and better coordination between DOH and utilities. The stated purpose is to reduce construction delays by encouraging timely relocation when utilities complete the work within DOH-established dates. The available context shows no recorded committee debate or votes, so there is no documented opposition in the materials provided, but the structure of the bill suggests support for DOH’s project-management goals while also giving utilities procedural protections and reimbursement options.

Contention

The main points of potential contention are cost allocation, liability for delays, and the degree of discretion given to DOH. Utilities may be concerned about being held responsible for direct contract damages when relocation is delayed, while DOH and contractors may want stronger enforcement to prevent project overruns. Another possible issue is the reimbursement framework: the bill allows DOH to advance relocation costs in some cases, but only under a voluntary written agreement and with later repayment by the utility, which could raise questions about fiscal exposure, eligibility standards, and how much discretion DOH should have in approving deadlines, contractors, and full reimbursement.