HB 4258 — To require railroad companies to provide alternative entry and exit ways

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 4258 By Delegate Holstein [Introducedand JanuaryMazzocchi 10,[Originating 2024;in the Committee on Technology and Infrastructure;

ReferredReported on February 23, 2024] CS for HB 4258 A BILL to theamend Committeeand onreenact Technology§17-4-8 and Infrastructure]§31-2A-2 Intr.of the Code of West Virginia, 1931, as amended, relating to use of state road for rail crossing;

HBrequiring 2024R1784cooperation Abetween BILLthe torail amendcompany and reenact §31-2A-2 of the CodeDivision of WestHighways Virginia,when 1931,construction asor amended,maintenance relatingactivities toare requiringconducted railroadby companiesthe tocompany; provide alternative entry and exit ways in certain circumstances.

and requiring railroad companies to provide alternative entry and exit ways in certain circumstances.

CHAPTER 17.

ROADS AND HIGHWAYS.

ARTICLE 4.

STATE ROAD SYSTEM.

§17-4-8.

Use of roadbed by railroad, telephone company, etc.

No railroad or electric or other railway shall be constructed or maintained upon the roadbed of any state road, except to cross the same, nor road except under such restrictions, conditions and regulations as may be prescribed by the Commissioner of the Division of Highways.

nor Nor shall any person, firm, or corporation enter upon or construct any works in or upon such a state road, or lay or maintain thereon or thereunder any drainage, sewer or water pipes, gas pipes, electric conduits or other pipes, nor shall any telephone, telegraph or electric line or power pole, or any other structure whatsoever, be erected upon, in or over any portion of a state road, except under such restrictions, conditions and regulations as may be prescribed by the state Road Commissioner of the Division of Highways.

Whenever any railroad or electric or other railway, heretofore or hereafter constructed, shall cross crosses any state road, it shall be required to keep its own roadbed, and the bed of the road or highway at such the crossing, in proper repair, or else to construct and maintain an overhead or undergrade crossing, subject to the approval of the State Road Commissioner;

and the Commissioner of the Division of Highways.

The tracks of such a railroad or railway at grade crossings shall be so constructed as to give a safe and easy approach to and across the same, and when tracks.

When the construction of such these approaches is made necessary by a change in the railroad grade at the grade crossing, the cost shall be upon the railway company.

CS for HB 4258 CHAPTER 31.

CORPORATIONS.

(c) Railroad companies shall provide an alternative entry and exit way when performing Intr.maintenance, repairs, and construction when, for a time period of greater than one hour, such maintenance, repairs, and construction are done in communities with one road in and out of the CS for HB 4258 community, both as a matter of public health and to insure the safety of the train crew and other railroad employees.

HB 2024R1784 maintenance, repairs, and construction when such maintenance, repairs, and construction are done in communities with one road in and out of the community, as a matter of public health and safety.