Date Requested: January 20, 2015
Time Requested: 02:31 PM
Agency: Transportation, Department of
CBD Number: Version: Bill Number: Resolution Number:
1548 Introduced HB2148
CBD Subject: Alcoholic Liquors and Beers


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.

This bill does not increase nor decrease the federal aid funding apportioned to the West Virginia Division of Highways(WVDOH) as a result of the State of West Virginia not having an open container law. The bill would provide the WVDOH more flexibility in the use of its federal aid funding that current sanctions prohibit due to an open container law not being in place.

Fiscal Note Detail

Effect of Proposal Fiscal Year
Fiscal Year
(Upon Full
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):

See Fiscal Note Summary above for information regarding the fiscal impact of this bill on the State of West Virginia.


The WDOH is apportioned federal aid funding through the federal legislation titled Moving Ahead for Progress in the 21st Century (MAP-21). One of the provisions within MAP-21 requires sanctions to be imposed upon a State DOT should its home state not have an open container law that meets requirements stated in 23 USC 154. Since the State of West Virginia currently does not have an open container law meeting these requirements, 2.5% of the National Highway Performance Program (NHPP) and Surface Transportation Program (STP) federal funds apportioned to the WVDOH are set-aside and thus, restricted in their use. The funds are required to be used for alcohol-impaired driving programs and/or to conduct Highway Safety Improvement Program (HSIP) eligible activities. The estimated amount of sanctioned funds for Federal Fiscal Year 2015 is $9.4 million. The sanctioned funds have been used for education and enforcement of safety related strategies as well as safety improvement projects on our highway system. These sanctioned funds cannot be used for general maintenance work such as ditching, pothole patching, general resurfacing, and slide repairs. Should the bill be implemented , the $9.4 mill would not be restricted in use for alcohol-impaired driving programs and/or HSIP eligible activities. The funds would maintain their original identity and eligibility and thus, could be used for any eligible activity under the NHPP and STP programs. This would include, but not be limited to, bridge rehabilitation and replacement, resurfacing, slide repairs, bridge inspections, engineering studies, research, etc. This would allow the WVDOH more flexibility in its use of the funds, but doesn’t provide any additional federal-aid funds to the overall program. Federal eligibility of use for these funds are not restricted to construction.

    Person submitting Fiscal Note: Lorrie Hodges
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