FISCAL NOTE
Date Requested: February 04, 2026
Time Requested: 08:48 AM |
| Agency: |
Highways, Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3586 |
Introduced |
SB711 |
|
|---|
| CBD Subject: |
Roads and Transportation |
|---|
|
FUND(S):
State Road Fund
Sources of Revenue:
Special Fund
Legislation creates:
Creates New Expense
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Water drainage issues and remediation thereof have been a longstanding, statewide challenge for DOH.
DOH pipes or water flow crossing state roadways approximately every 300 feet, or approximately 17 times per mile. Because the exact number of issues that would fall under the requirements of this bill are unknown (both on-system and off-system issues), DOH estimated that 10% of the referenced water crossings, or pipes, could in some way require remediation under this bill. Please note, this percentage estimate was not based on any specific data and was used for the sole purpose of providing some information as to the potential costs associated with this bill.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
64,600,000 |
64,600,000 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
DOH pipes or water flow crossing state roadways approximately every 300 feet, or approximately 17 times per mile. Because the exact number of issues that would fall under the requirements of this bill are unknown (both on-system and off-system issues), DOH estimated that 10% of the referenced water crossings, or pipes, could in some way require remediation under this bill. Please note, this percentage estimate was not based on any specific data and was used for the sole purpose of providing some information as to the potential costs associated with this bill. DOH estimates an associated cost of approximately $10K per instance, with some cases costing less, and some cases costing much more. With approximately 38K miles of roadway in the state, this would equate to a cost of $646M over 10 years ($64.6M annually). Some situations require additional cost because of increased complexity. If the drainage issue involves drainage beneath a residence, commercial building or other structure the cost to remedy increases exponentially. Additionally, DOH notes that many of the drainage issues identified statewide are the result of property owners modifying existing drainage structures located on private property. For example, a landowner, in order to increase usable lawn space, may cover up an outfall and install pipe in what was originally an open ditch conveying water from the roadway. These pipes may fail unpredictably, even decades later. DOH routinely addresses drainage claims through the West Virginia Legislative Claims Commission process related to drainage/flooding issues. Between calendar years 2023-2025, drainage claims accounted for approximately 70% of the DOH “large claims” in the WV Legislative Claims Commission (cases with estimated value of $10K or more), totaling more than $250K in awards or settlements. Drainage disputes often present difficult and disputed legal causation issues.
Memorandum
Person submitting Fiscal Note: Jonathan Schaffer
Email Address: jonathan.w.schaffer@wv.gov