FISCAL NOTE

Date Requested: March 10, 2021
Time Requested: 02:43 PM
Agency: Highways, Division of
CBD Number: Version: Bill Number: Resolution Number:
3210 Introduced SB615
CBD Subject: Roads and Transportation


FUND(S):

State Road Fund

Sources of Revenue:

Special Fund

Legislation creates:

Decreases Existing Revenue



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government. Passage of Senate Bill 615 is to removes specific statutory restriction on outdoor advertisement. As the Federal Highway Administration (FHWA) has stated to us in the past, we will not only lose federal funding, the West Virginia Department of Transportation (DOT) will have to repay money we received in the past if we are not in compliance with federal law on outdoor advertising.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2021
Increase/Decrease
(use"-")
2022
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
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 -44,000,000 -42,000,000


Explanation of above estimates (including long-range effect):


Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years. The Fiscal Note is based on the potential for loss of federal-aid if West Virginia was found to be non-compliant with 23U.S.Code §131 Controlled Outdoor Advertising states that if FHWA … determines [a state] has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system … the State's funds shall be reduced by amounts equal to 10% of the amounts which would otherwise be apportioned to such State under section 104 of this title …. In addition the regulation and management of the to Outdoor Advertising Control Program, DOT is responsible for enforcing two federal agreements " The Highway Beautification Act" and "The Bonus Act" between DOT and FHWA. A letter from FHWA to the DOT Secretary dated July 3, 2007 states "If it is determined that DOT is not meeting the requirements that is committed to in the agreements and is not maintaining effective control of the outdoor advertising program, the repayment of all previously provided bonus payments would be required. This withholding and potential loss of funding could be redistributed to other states."



Memorandum


Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.



    Person submitting Fiscal Note: Lorrie Hodges
    Email Address: lorrie.a.hodges@wv.gov