FISCAL NOTE
Date Requested: February 04, 2026
Time Requested: 04:16 PM |
| Agency: |
Environmental Protection, Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3294 |
Introduced |
HB5160 |
|
|---|
| CBD Subject: |
Natural Resources |
|---|
|
FUND(S):
Special Fund
Sources of Revenue:
Special Fund
Legislation creates:
Creates New Program, Creates New Fund: Atmospheric Oversight Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Passage of HB5160 with its proposed addition of W. Va. Code §22-37-1, et seq. will affect expenditures and revenues for the DEP as provided in this fiscal note.
The fiscal note does not include any revenues or expenses associated with the Office of the Attorney General, the Public Service Commission, or the Air National Guard. Additionally, it does not include expenses for aircraft usage or aircraft sampling nor for radio signal surveillance.
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 |
1,208,901 |
528,501 |
528,501 |
| Personal Services |
549,168 |
471,168 |
471,168 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
602,400 |
0 |
0 |
| Other |
57,333 |
57,333 |
57,333 |
| 2. Estimated Total Revenues |
28,702 |
28,702 |
28,702 |
Explanation of above estimates (including long-range effect):
EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT):
Total initial expenses of $1,208,901 and ongoing expenses of $528,501 that include personnel,
equipment, and other are described below. The calculation for the anticipated annual revenue of
$28,701.51 is described below.
Personal Services Expenses
Personnel expenses to implement this bill are based on the assumption that investigations are driven
exclusively by complaints and/or tips (§22-37-3(c)) and there are no routine monitoring activities.
Implementing this bill will require a highly specialized skill set for 1 FTE in each of the 4 regions to
provide rapid response to investigate the complaints and perform required field testing and sampling.
The cost per FTE position ($108,042) is based on the 2025 DAQ average for the Technical
Analyst/Engineer Series and 2026 fringe benefits or $432,168/year for 4 FTEs. Development of
procedures, records, reports, summaries, public education, emergency rules and the 5-year review will
not require additional personnel beyond the 4 FTE.
Although permitting is authorized in the introduction to this bill, there are no personnel expenses
associated with permitting activities because the DEP is prohibited from issuing any permit,
authorization, waiver, or variance in accordance with 22-37-3(a).
Anticipated information technology costs to establish and maintain a mechanism for the public to submit
complaints and other relevant information (§22-37-6(e)) is $117,000 initially based on 1.5 FTEs and an
on-going cost of $39,000 based on 0.5 FTE to maintain the system. The cost assumes 1 FTE to
develop the system and 0.5 FTE to maintain the system, with expenses for 1.5 FTE occurring initially to
develop a system similar to the DEP Dump Reporter on-line system and database. The average salary
with fringe benefits is $78,000/FTE. The department has an existing publicly available database which
can be used to house records required by §22-37-6(a) with minor modifications to add an Atmospheric
Oversight section and can be accomplished with existing personnel.
Total personnel expenses are approximately $550,000 initially ($432,168 + $117,000) and
$475,000/year (($432,168 + $39,000).
Sampling Expenses
Assets include equipment required to collect field samples, conduct measurements, have samples
analyzed, and secure evidence (§§22-37-3(c) and 22-37-7(b)) could cost $602,400 initially based on an
internet search. A pyranometer (~$600) and a particle spectrometer or portable handheld mass
spectrometer (~$15,000 - $150,000) would be required in each of the 4 regions to assist with the
investigations. The most conservative amounts were used to calculate the one-time equipment costs of
$602,400 (assets). It is assumed the initial instrumentation fee includes training.
Other Expenses include an additional $40,000/year to maintain the equipment and for consumable
supplies associated with the equipment. Additionally, the department does not have the capability for
sample analysis; therefore, samples would most likely be sent to a private laboratory or an in-state
university laboratory with an estimated cost of $2,000 to analyze 6 samples based on prior experience
(or $333/sample). The number of samples to be sent off for analysis is difficult to guess; however, for
completeness 1 sample per week is assumed for the calculation. $333 x 52 = $17,333/year. Total Other
expenses are $40,000 + $17,333 = $57,333.
Revenue assumptions
The bill authorizes the department to apply an Atmospheric Integrity Surcharge (§22-37-7(c)) not to
exceed one-half percent of existing air-quality permit fees. The maximum surcharge fee is assumed for
the revenue calculation. It is assumed the FY25 air quality permit fees of $5,740,301.32 are reflective
of future years. The anticipated revenue is calculated as 0.005 x $5,740,301.32 = $28,701.51/yr.
There are no revenues from permitting activities authorized in the introduction of the bill because the
DEP is not allowed to issue any permit, authorization, waiver, or variance in accordance with
§22-37-3(a).
Memorandum
None
Person submitting Fiscal Note: Gary Rogers
Email Address: Gary.W.Rogers@wv.gov