SB 5 — Establishing Adopt-A-Road program

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 5 ByBYSENATORS SenatorM MaynardAYNARD, [IntroducedLEMENTS,AND OLIVERIO [Reported February 12,25, 2025;2025, from the Committee on Transportation and Infrastructure] CS for SB 5 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17-4-56, relating to establishing the Adopt-A-Road program;

referredspecifying toauthority the Committee on Transportation and Infrastructure]duties Introf SBDivision 5 2025R1976 A BILL to amend the Code of WestHighways Virginia, 1931, as amended, by adding a new section, designated §17-4-56, relating to authorizing Adopt-A-Road volunteerprogram; programs for public roads under the jurisdiction of the Department of Transportation;

requiringdefining volunteerterms; project agreements with the department;

providingspecifying thatprogram volunteerrequirements roadand servicespotential shallbenefits notand replacefunding; work that is ordinarily performed by state personnel;

providing forindemnify projectand coordination;hold harmless provision;

and establishingallowing minimumparticipation requirementsby forcounties volunteerand organizations.municipalities.

Establishment of Adopt-A-Road programsprogram. for unimproved primitive roads.

(a) The WestDivision Virginia Department of TransportationHighways shall establishcreate an Adopt-A-Road programprogram, thatcomparable willto allowthe volunteerAdopt-A-Highway groupsand toAdopt-A-Spot assistlitter incontrol maintainingprograms andauthorized enhancingpursuant unimprovedto primitive§17-2A-21 roadsof this code, that areenables stateany owned.person to volunteer time, equipment, and materials for road maintenance efforts.

(b) SubjectFor topurposes subsection (e) of this section,section: volunteer groups in the Adopt-A-Road program may adopt any available road or road segment and may choose any one or more of the following volunteer activities:

(1)“Applicant” Springmeans cleanups;any person who completed and submitted an application for participation in the Adopt-A-Road program to the Division of Highways;

(2)“Maintenance” Accessibilitymeans projects;any maintenance, restoration, or improvement, including, but not limited to, any type of pothole amelioration, improvement of road or road infrastructure, trail or road restoration or realignment, removal of trees or vegetation, cleanup or litter control, snow and ice removal, accessibility project, or other project for the benefit of the public;

(3)“Participant” Specialincludes events;any person who signs an Adopt-A-Road program agreement or otherwise participates in maintenance work authorized pursuant to this section;

(4)“Person” Roadmeans maintenance,any enhancement,individual, group, legal entity, county, or realignment;municipality;

(5)“Road” Publicmeans informationany right-of-way, whether improved or unimproved, including, but not limited to, roadbeds, shoulders, culverts, sluices, drains, ditches, embankments, slopes, retaining walls, bridges, tunnels, viaducts, greenspace, trails, and assistance;paths under the control of the Division of Highways.

orCS (6)for Training.SB 5 (c) The division is authorized to establish rules to implement the Adopt-A-Road program, including, but not limited to, program participation, requirements for maintenance projects, and installation and removal of signs.

(c)Any Thesuch Departmentrules shall reviewbe anddesigned approve specific activities to beallow performedfor bybroad aparticipation volunteer group in the Adopt-A-Roadprogram. program which shall be executed with an approved Adopt-A- Road agreement.

VolunteerThe servicesdivision shall notmake includean workapplication historicallyfor performedparticipation by department or West Virginia Division of Highways employees, including services that result in athe reductionAdopt-A-Road ofprogram hoursavailable oron compensationthe ordivision’s thatwebsite. may be performed by an employee on layoff;

norSuch shallapplication volunteershall, Intrat SBa 5minimum, 2025R1976require servicesthe beapplicant inconsistentto withspecify the termsname and contact information for the applicant, location or locations for the project, type of amaintenance collectiveproject, bargainingand agreement.proposed time frame for the project.

The division mayshall provideinform forthe moreapplicant thanhow one volunteer group to adoptsubmit anthe eligiblecompleted roadapplication. or road segment.

(d)The Ifdivision themay departmentreject operatesany otherapplication programsthat inwould thejeopardize vicinityany offunding, thepotentially roaddamage thatinfrastructure, allowsconflict volunteerswith toany participatelaw inor similarrule, programs,duplicate theor interfere with any division shallor coordinateutility theseproject, programsor tounreasonably providerisk forthe efficienthealth andor effectivesafety volunteerof programsany inprogram participant, employee, contractor, or the area.public.

(e)(d) APrior volunteer group that wishes to participateauthorizing inwork, the Adopt-A-Roaddivision program shall applyrequire to the departmentapplicant onto aenter forminto providedan byagreement with the department.division.

VolunteerAny groupssuch agreement shall agreeinclude terms requiring program participants to theadhere following:to Adopt-A-Road program participation rules and set forth any maintenance project-specific requirements.

(1)The Volunteeragreement groupsmay participateset inforth any materials and equipment the programdivision may provide for atthe leastmaintenance aproject, two-yearincluding, period;but not limited to, safety vests, temporary signage, soil, and gravel.

(2)No Volunteerperson groupsmay shallbegin consista ofmaintenance atproject leastpursuant sixto peoplethis whosection areuntil 18an yearsagreement ofwith ageterms orapproved older,by unless the volunteerdivision grouphas isbeen aexecuted school,as scoutto organization,such orproject. a religious youth group, in which case the volunteers may be under 18 years of age, but supervised by someone over the age of 18;

(3)(e) VolunteerThe groupscost shallof contributeall amaterials totaland equipment provided by the division for any Adopt-A-Road maintenance project that is expended for the project may not exceed 30 percent of atthe leastmaintenance 200project servicecost hoursas overestimated aby two-yearthe period;division:

(4)Provided, VolunteerThat groupsthe shalldivision onlymay executeuse Adopt-A-Roadthe projectsHighway Litter Control Fund created in §17A-10-15 of this code to purchase and activitiesprovide afterto a volunteerparticipant projectup agreementto has100 beenpercent completedof andany approvedmaterials byor theequipment department;needed for any litter control or abatement.

(5)CS Volunteerfor groupsSB shall5 comply(f) withThe alldivision reasonablemay requirementsterminate ofany theAdopt-A-Road departments;program agreement upon 30 days’ notice.

andThe (6)division Volunteermay groupsterminate shall,any whenAdopt-A-Road applicable,program helpagreement providewithout maintenanceadvance onnotice if the road.division determines that a participant violated the terms of the Adopt-A-Road program participation rules or agreement.

(f)(g) The departmentdivision shallmay allowinstall signage, at the volunteerparticipant’s groupexpense tothat coordinatemay withnot exceed the closestactual solidcost wasteto authoritythe sodivision, thatat anyor tires,near appliances,the televisions,participant’s andAdopt-A-Road trashproject maythat berecognizes properlythe disposedcontributions of with the properparticipant. documentation.

NOTE:(h) All participants shall indemnify and hold harmless the state and the Division of Highways, including any of its appointees, employees, and contractors, from all suits, actions, or claims of any character due to any injuries or damage received or sustained by any person or property related to any participation in an Adopt-A-Road project.

The purpose of this bill is to authorize Adopt-A-Road programs for volunteers to clean up and maintain roads in this state.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.