WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 4224
By Delegate Statler [Introduced January 10, 2024; Referred to the Committee on Technology and Infrastructure then Government Organization]
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1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
2 designated §17-2A-26, relating to performance metrics for the West Virginia Division of
3 Highways; requiring the division to develop performance standards and criteria to measure
4 agency performance in all essential operations; requiring the division to employ a
5 management information system that will track the division’s past and current progress
6 toward meeting performance standards; and requiring the division to report to the Joint
7 Committee on Infrastructure.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-26. Performance metric requirements.
1 (a) Findings. —
2 (1) According to an independent audit report submitted to the Joint Committee on
3 Government and Finance on January 10, 2016, the West Virginia Division of Highways does not
4 have a mechanism in place to develop performance standards or to measure the agency’s
5 progress toward reaching acceptable levels of performance.
6 (2) The same report recommends that the division should develop a wide performance
7 monitoring platform to capture Headquarters and District management sourced data for internal
8 use and the general public to view.
9 (3) The Legislature finds that a system for developing and measuring progress toward
10 achieving objectively measured improvements to performance is necessary for efficient and
11 effective management of all Department of Transportation operations.
12 (b) Definitions. —
13 (1) The "Commissioner" means the Commissioner of the West Virginia Division of
14 Highways or his or her designee.
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15 (2) A "management information system" is a real-time user interface, showing a graphical
16 presentation of the current status of an organization’s key performance indicators and historical
17 performance trends, based on the organization’s performance standards and criteria.
18 (c) Requirements. —
19 (1) On or before October 1, 2024, the commissioner must develop performance standards
20 and criteria to measure all essential agency operations. The standards and criteria, must include,
21 but are not limited to, the following objectives:
22 (A) Successful completion of programmed projects on time and within budget from initial
23 project programming to completion of construction;
24 (B) Responsiveness to public comments from initial comment to the response by the
25 Division of Highways; and
26 (C) Infrastructure health, meaning a performance metric that identifies the ongoing
27 condition of the state’s pavement, bridges, and associated infrastructure.
28 (2) On or before January 1, 2025, the commissioner will implement a management
29 information system to track the division’s past and present progress toward performance
30 standards developed pursuant to subdivision (1). The management information system must meet
31 the following criteria:
32 (A) The management system should be anticipated to be appropriate for meeting federal
33 requirements for performance measurement: Provided, That in no instance shall the development
34 of these standards be delayed because of uncertainty about federal performance management
35 standards;
36 (B) To the greatest extent possible the standards will rely on existing data sources; and
37 (C) The findings of the management system will be readily available to the public in an
38 ongoing basis and must, at a minimum, be updated once a year by a report on the department’s
39 performance, detailing the overall metrics and the conditions underlying the metrics being
40 provided to the Legislature.
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41 (d) Reporting Requirements. —
42 (1) The division must report annually to the Joint Committee on Infrastructure, regarding
43 the division’s compliance with the requirements of this section, at the committee’s first interim
44 meeting occurring after October 1, of each year.
45 (2) The Joint Committee on Infrastructure may require the division to report to the
46 committee as often as the committee determines is necessary to ensure compliance with this
47 section.
NOTE: The purpose of this bill is to require the West Virginia Division of Highways to
develop performance standards and criteria to measure agency performance in all essential operations and to require the division to employ a management information system that will track the division’s past and current progress toward meeting performance standards.
Strike-throughs indicate language that would be stricken from a heading or the present law,
and underscoring indicates new language that would be added.
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Statutes affected:
Introduced Version: 17-2A-26