FISCAL NOTE

Date Requested: February 14, 2025
Time Requested: 03:54 PM
Agency: Highways, Division of
CBD Number: Version: Bill Number: Resolution Number:
1945 Introduced HB2392
CBD Subject: Roads and Transportation


FUND(S):

State Road Fund

Sources of Revenue:

Special Fund

Legislation creates:

Creates New Expense



Fiscal Note Summary


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


This bill intends to scale the permit fee according to the size of a project. This fiscal note is focused on the timeframe for approval or denial of a permit. The bill states: "Any resubmittal not acted upon by the division within 30 days shall be considered approved."



Fiscal Note Detail


Effect of Proposal Fiscal Year
2025
Increase/Decrease
(use"-")
2026
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 575,000 1,500,000 1,500,000
Personal Services 575,000 1,500,000 1,500,000
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):


It is difficult to quantify an accurate fiscal assessment because the cost would be dependent on the number of permits submitted. If the bill becomes law, the Division would need to hire additional personnel to ensure timely permit reviews to safeguard public rights-of-way. However, the estimated cost to inspect telecom installations is $1.15 million per year.



Memorandum


An unintended consequence of approval of the permit after 60 days could result in permits being issued without a thorough technical review by the division. This could result in permits being issued that violate 23 CFR 645.205, which states, "it is in the public interest for utility facilities to be accommodated on the right-of-way of a Federal-aid or direct Federal highway project when such use and occupancy of the highway right-of-way do not adversely affect highway or traffic safety."



    Person submitting Fiscal Note: Jonathan W Schaffer
    Email Address: jonathan.w.schaffer@wv.gov