FISCAL NOTE
Date Requested: February 12, 2019
Time Requested: 01:05 PM |
| Agency: |
Public Service Commission |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1803 |
Introduced |
HB3076 |
|
|---|
| CBD Subject: |
Public Service Commission |
|---|
|
FUND(S):
Public Service Commission Utilities Fund 8623; Motor Carrier Fund 8625; Federal Motor Carrier Fund 8743
Sources of Revenue:
Special Fund
Legislation creates:
Decreases Existing Revenue, Decreases Existing Expenses
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.
House Bill 3076 as proposed will cause the Public Service Commission a net appropriation reduction of approximately 6.8 million dollars. However, PSC officials have raised several issues with this draft bill. Their concerns are listed in the "SUMMARY" section of this fiscal note
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2019
Increase/Decrease
(use"-") |
2020
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
-6,889,475 |
0 |
| Personal Services |
0 |
-5,230,728 |
0 |
| Current Expenses |
0 |
-1,497,127 |
0 |
| Repairs and Alterations |
0 |
-90,569 |
0 |
| Assets |
0 |
-51,000 |
0 |
| Other |
0 |
-29,233 |
0 |
| 2. Estimated Total Revenues |
0 |
-6,889,475 |
0 |
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.
Public Service Commission Utilities Fund 8623: (2,279,475)
State Motor Carrier Fund 8625: (2,110,000)
Federal Motor Carrier Fund 8743: (2,500,000)
Total PSC Appropriation Reduction:(6,889,475)
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.
The passage of House Bill 3076 will result in a loss of Federal Motor Carrier Safety Administration (FMCSA) grant funds received annually through the Motor Carrier Safety Assistance Program (MCSAP) and currently totaling $2.5 million dollars ($2.1 federal and $400,000 PSC). Since the West Virginia State Police will be starting the grant process from scratch, it will take them at least one year to obtain MCSAP funding and there is no guarantees they will be awarded these grant monies. HB3076 will also shift the burden of funding this federal highway safety program from special revenue funds to the general revenue fund.
As drafted, HB3076, §17C-17B-2 requires all members of the State Police to graduate from the State Police Academy and a certified mechanics school. This training is not satisfactory to inspect commercial motor vehicles. The FMCSA requires 7 classes – 264 plus hours of class room training- to meet the criteria necessary to inspect commercial motor vehicles on WV’s roadways. In addition to the classroom training, each class has a requirement of a specific number of inspections to be performed per officer (32 or 16 depending on the class; 1 hour per inspection). Each officer must complete each inspection in the presence of a certified inspector to attain his/her certification – an additional 320 hours. Only then will the officer be FMCSA eligible to inspect commercial vehicles. Because of these training requirements, HB3076 will create an approximate 24 month lapse in commercial vehicle enforcement. In addition, once officers are certified, the WVSP will be required to establish a New Entrant Safety Audit Program and Compliance Review Program.
Most importantly, as drafted, HB3076 creates a zero sum game of time that has the potential to negatively impact highway safety and public safety. Time spent by a WV State Trooper inspecting a commercial carrier is time not spent answering a 911 call, stopping a speeding vehicle, working a case or assisting victims of a crime-- and vice versa.
Person submitting Fiscal Note: Cheryl A. Ranson
Email Address: cranson@psc.state.wv.us