FISCAL NOTE

Date Requested: January 19, 2026
Time Requested: 03:59 PM
Agency: Agriculture, WV Department of
CBD Number: Version: Bill Number: Resolution Number:
1674 Introduced HB4516
CBD Subject: Counties; Environment


FUND(S):

GENERAL

Sources of Revenue:

General Fund

Legislation creates:

Creates New Expense, Creates New Program



Fiscal Note Summary


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


This bill would require an initial investment through a onetime budget supplement for program design and documentation, hiring and asset purchase. There would be ongoing technical, administrative and direct cost expenses. We would expect all incoming funds and expenses to be housed in Fund 0132 from the General Revenue Budget as we have no other source of income to initiate the work proposed in this legislation. This measure is a full cost to the state, including design and implementation of the program. It does not generate any revenue. Intangible benefits of clean water include positive impacts on both public health and tourism.



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 677,595 2,100,000 2,100,000
Personal Services 0 600,000 600,000
Current Expenses 45,000 40,000 40,000
Repairs and Alterations 0 0 0
Assets 532,000 0 0
Other 100,595 1,460,000 1,460,000
2. Estimated Total Revenues 0 0 0


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


A FY26 supplement required for implementation for a total cost of $677,595. For FY26 Current Expense includes start up expense for 15 employees. Cost estimates for Assets are for vehicles for 14 new employees. Other estimates are Soil Conservation Projects w existing managerial and training staff would be utilized to design, implement and train. This cost category also includes administrative expense for budget management and recruitment. Current staff capacity is not sufficient for an additional ongoing program. Upon Implementation, FY27 and beyond: Personal Services would be for an additional15 FTE (14 Program Technicians and 1 Admin Coordinator). Current Expenses are for travel expenses for the 14 techs and operating costs for their assigned vehicles. Other covers the required estimated allocations to the districts plus $60,000 expected in additional per diem costs for elected supervisor time plus any other agency staff beyond the 15 that are program specific.



Memorandum


WVCA makes the following statements concerning this legislation: §19-21A-15 a. References the open discharge of all wastes, human and industrial, into the air, soil, and water. Several years ago, there was a fight about air quality in reference to poultry operations. The agency is unclear how septic relates to air quality in this regard, but it may open that issue again. c. Mentions the disposal of sludge pumping. The disposal of pumped material is the responsibility of the company/individual doing the pumping. Such entities are required to have a permit from DEP and, if being land applied, there must be a certified nutrient management plan. 2. $200 for septic tank repairs isn't reasonable. The §319 program under the federal Clean Water Act allows the same max cost share for repair as it does replacement. d. 2. There is no mention of involvement by the health department. Conservation Districts would not have qualified individuals to determine if the estimate is reasonable to repair/replace a system. *The definitions should be consistent with other conservation district/WVCA legislation. *Eligibility is unclear whether property owners under the definition of cooperator would include both individuals and other entities such as businesses, RV parks, cluster systems or other entities that may have septic systems are eligible participants. *There needs to be a determination if system is failing and needs pumping, repair and/or replacement. Health departments have this expertise and authority. *Increase cost share for septic tank repairs. It should not be the same cost share as pumping because the cost is higher. *“Provider of septic services that is duly licensed to conduct business in this state”. WVCA believes the correct terminology is certified sewage system installers. DHHR should make comments on this as they have the expertise and provide training and certification. * The current definition of cooperator is going to impact the funding allocation. If cooperators include mean homeowners with septic systems, the health department may be able to provide a better estimate of the number of cooperators and then base the allocation on that number for each county/district. The number of traditional conservation district cooperators is not reliable for the differing nature of this program. Participation in the program cannot be dependent upon being in good standing with the WV Association of Conservation Districts, which is a private, non-profit entity. The districts were created to assist the public and the WV Conservation Agency is a state agency that serves the public. This would be discriminatory.



    Person submitting Fiscal Note: Laryssa Hoskins, for Judith Lyons, Exec Director
    Email Address: lhoskins@wvda.us