FISCAL NOTE
Date Requested: February 13, 2017
Time Requested: 01:31 PM |
| Agency: |
Highways, Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1070 |
Introduced |
HB2365 |
|
|---|
| CBD Subject: |
Real and Personal Property, Roads and Transportation |
|---|
|
FUND(S):
Sources of Revenue:
Other Fund State Road Fund
Legislation creates:
Neither Program nor Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
HB2365 does not create a revenue source nor does it eliminate or reduce one as there is no current ability to issue permits of a temporary nature (3 weeks)
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2017
Increase/Decrease
(use"-") |
2018
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 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Please see details included in the Fiscal Note Summary.
Memorandum
Based on review by Division of Highways (DOH) by our Legal Division and Traffic Engineering Division Outdoor Advertising Section Head, and a representative from the Federal Highway Administration office (FHWA), the following information is provided:
The proposed addition of the exception section §17-22-26 to the Outdoor Advertising statute appears to violate Federal law, as well as the DOH's January 6, 1969 agreement with FHWA. Specifically, this section would permit unlicensed signs regardless of location, sign size, spacing or lighting in violation of 23 CFR 750 and the agreement with the FHWA, which can be found at: https://www.fhwa.dot.gov/real_estate/oac/fsa/west_virgina_fsa.cfm.
23 CFR 750 sets forth specific requirements for the erection and maintenance of outdoor advertising signs. In addition, non-compliance with the agreement would place DOH in the position of forfeiture of its eligibility to receive bonus payments “of the one-half of one per cent increase in the federal share payable on account of any project on the Interstate System within the State of West Virginia.”
This of course is a preliminary review and FHWA has asked to have additional time to perform a more thorough review.
If the bill could be further crafted or reduced in scope to become compliant with federal regulations, the following should be considered:
• No advertising sponsorship could be included on any sign, display or device
• A specific time period for removal is not addressed
Person submitting Fiscal Note: Lorrie Hodges
Email Address: lorrie.a.hodges@wv.gov