FISCAL NOTE

Date Requested: February 11, 2026
Time Requested: 05:09 PM
Agency: Agriculture, WV Department of
CBD Number: Version: Bill Number: Resolution Number:
2842 Introduced HB5439
CBD Subject: Natural Resources


FUND(S):

NA

Sources of Revenue:

Other Fund NA

Legislation creates:

Creates New Expense, Creates New Program



Fiscal Note Summary


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


HB 5439 proposed for the purpose of establishing a Pollinator Protection program and related activities under the authority of the West Virginia Department of Agriculture (Department), will incur costs to the Department to coordinate the initial development, implementation, administration, and review of the new Program. During the initial year, two employees would have to be hired (one full time (FTE) and one temporary seasonal (PTE)) to plan and implement the Program. During the subsequent years, one full-time employee, utilizing 100% of their time, plus cost of fringe benefits, and two PTE, whose time would be split as needed between the Pollinator Protection and Apiary programs, would be required. Additional costs for assisting with program promotion, training, and establishment and technical assistance would be required. Information in this fiscal note was developed by the WVDA Animal Health Division Apiary Program staff who would be responsible for the program if implemented.



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 20,070 80,278 95,278
Personal Services 18,820 75,278 90,278
Current Expenses 1,250 5,000 5,000
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):


In its current form, HB5439 does not provide the Department any funds to establish or maintain the Program. With the addition of the new Program administration responsibilities, one full time employee will be required to complete necessary Program activities with the following costs: Year 1 (FY2026): Total $20,070 Personal Services: $18,820 (1) FTE x 25% effort+ 38% fringe rate brings us to a personnel total for program management of $15,070 (1) PTE for program management of $3,750 Current Expense:$1,250 $1,000 for travel for staff to meet with various stakeholders throughout the state $250 for printing costs for educational and training materials (Note: Costs in FY2026 are prorated on the assumption the Act would be effective from passage) Year 2 (FY2027):Total $80,278 Personal Services: $75,278 (1) FTE x 100% effort+ 38% fringe rate brings us to a personnel total for program management of $60,278 (1) PTE for program management of $15,000 Current Expense:$5,000 $4,000 for travel for staff to meet with various stakeholders throughout the state $1,000 for printing costs for educational and training materials Upon full implementation (FY2028 and beyond): Total $95,278 Personal Services: $90,278 (1) FTE x 100% effort+ fringe rate brings us to a personnel total for Program management of $60,278 (2) PTE for Program management of $30,000 Current Expense:$5,000 $4,500 for travel for staff to meet with various stakeholders throughout the state $500 for printing costs for educational and training materials



Memorandum


The following areas have been noted in HB5439 which would need further consideration: §20-3c-1(a): "Pollinator" needs to be clearly defined to properly establish the parameters of the program. For example: many species of flies, beetles, and gnats are also pollinators. Additionally, the inclusion of other "managed pollinators" in this Act may bring other managed pollinators besides honeybees under the regulatory authority of the Department. For example: bumblebees and mason bee species are increasingly being utilized in commercial pollination services. §20-3c-1(a)(2): The Department has already published the "West Virginia Pollinator Protection Plan". It is unclear if the current plan is sufficient or if edits/replacements would be deemed necessary. §20-3c-1(a)(2)(A): It is unclear what adverse effects invasive plant species would have on pollinators that would require mitigation. Many species of invasive plants are currently utilized by many pollinators as food sources. §20-3c-1(a)(2)(C) Ideally, the Department of Highways should be added as a stakeholder. "Creates a strategy for the planting of low maintenance pollinator-friendly habitats in Department of Highways right-of-ways"; this would create extensive pollinator corridors across the state, an important concept for native pollinators to prevent genetically isolated populations. §20-3c-1(a)(E) Would it be possible to add language to the Act to direct revenue from the Department of Motor Vehicles "Protect Pollinators" license plate to help fund this new Program, making it more self-sustainable? Of Special Note: The Department Apiary Program has currently only one FTE for statewide coverage. A new Pollinator Protection program would entail increase staffing hours, travel expense, etc, and would reduce critical coverage for other apiary program operations if no additional staffing and recurring program funding is provided. While an increase to 0131-69100 was included in the Governor's introduced budget, these funds are needed to support current regulatory duties for the Department for the apiary industry.



    Person submitting Fiscal Note: Laryssa Hoskins, CFO
    Email Address: lhoskins@wvda.us