Date Requested:March 11, 2013
Time Requested:11:24 AM
Agency: Highways, Division of
CBD Number: Version: Bill Number: Resolution Number:
2013R2056 Introduced SB158
CBD Subject: COMPLETE STREETS ACT
FUND(S)
State Road Fund 6700-16
Sources of Revenue
Special Fund
Legislation creates:
A New Program

Fiscal Note Summary

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

    
    The proposed program is an unfunded mandate on the Division of Highways (DOH); the estimated cost to implement the proposed legislation is unknown. The DOH is already including many of the items proposed while staying within our fiscal constraints.
    
     The following costs are examples of what the DOH has incurred on other projects:
    
     100' Sidewalks $4,166
     100' Refuge Island $14,000
     100' Bicycle Lane $8,265
     Two 100' Paved 6' Shoulders $12,355
     100' Dedicated 18" Transit Lane $18,532
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2013
Increase/Decrease
(use"-")
2014
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
3. Explanation of above estimates (including long-range effect):
    
    
     The actual implementation costs for design and construction are unknown. The cost of the board's 13 eligible board members will be travel to and from the two mandated board meetings.


Memorandum
Person submitting Fiscal Note:
Kathy J Holtsclaw
Email Address:
Kathy.J.Holtsclaw@wv.gov
     The legislation creates a board that shall be consulted in the creation of an implementation plan, including a schedule, which is in conflict with 17-2A-8(1) whereby the Commissioner of the Division of Highways (DOH) shall “exercise(s) general supervision over the state road program" and provides that the Commissioner shall "determine the various methods of road construction best adapted to the various sections and areas of the state."
    
     The legislation requires a regional and local government outreach plan which is already done through the seven MPOs and RICs. MPOs and RICs were created and funded by Federal law and charged with providing the state DOH with comprehensive, coordinated and continuous transportation planning with emphasis on provide equal access to various transportation choices. These groups meet regularly with the DOH to determine the appropriate projects for the agency's six year plan and the long range plan.
    
     WV Code 17-3-1 provides that monies in the State Road Fund may only be used to pay the cost of maintenance, construction, reconstruction and improvement of state roads. Complete streets ideology includes incorporating public transportation stops and facilities. These are under the jurisdiction of the Division of Public Transit.
    
     Most of the State's roadways are narrow, two lane facilities, with the exception of interstates and some facilities located in urban areas. To provide the facilities in urban areas, the DOH may need to acquire additional expensive right-of-way for the walkways, bike lanes, etc. The DOH would also face the prospect of possibly relocating numerous businesses in downtown urban areas. Additionally, the DOH normally does not own sidewalks but only curb-to-curb. Thus, to comply with this bill, it would necessitate the DOH to acquire additional rights-of-way.
    
     The DOH is incorporating facets of “complete streets"where feasible and prudent. In cases where the DOH has acquired the right-of-way, bicycle lanes are starting to be included. If walkways are in place prior to a highway project, construction details will include curb cuts to facilitate pedestrian travel. The DOH does incorporate audible signals and other traffic crossing devices in urban areas as signalization projects are developed. The DOH has started using roundabouts, where appropriate, to facilitate the movement of traffic where financially feasible. The DOH will continue to review projects for assurance that it complies with the Federal ADA legislation and, where possible, incorporate other modes.
    
     Most importantly, the legislation provides that the agency fund additional work over and above what is needed without a funding mechanism. This legislation, if enacted, will create an additional burden on an already financially stressed State Road Fund.