West Virginia HB 5013: Requiring the Commissioner of Highways to develop a formula for allocating road funds among districts

Bill Text

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

FISCAL NOTE

Introduced

House Bill 5013

By Delegates Funkhouser, Anders, and Ridenour

[Introduced January 30, 2026; referred to the Committee on Energy and Public Works then Finance]

A BILL to amend and reenact §17-3-6a of the Code of West Virginia, 1931, as amended; and  to amend the code by adding a new article designated §17-31-1, §17-31-2,  §17-31-3,  §17-31-4, and §17-31-5; relating to the Division of Highways; requiring the state road commissioner to set aside 20 percent of the state road fund to be used to reimburse counties for funds they have expended by way of local revenue sources assessed for the construction, reconstruction, and maintenance of feeder and state local roads; prescribing the manner in which said funds are to be distributed;  providing annual meetings open to the public; requiring the Commissioner of Highways to develop a formula for allocating road funds among districts for the benefit of the counties; making legislative findings; requiring the commissioner to solicit and consider public comments; requiring the commissioner to include certain factors in the formula; and requiring the commissioner to submit the formula to the Legislature for approval as a legislative rule.

Be it enacted by the Legislature of West Virginia:



Article 3. State ROad Fund.



§17-3-6a. Allotment of funds for feeder and state local service roads.

(a) On or before January 1, of each year the state road commissioner shall ascertain and determine the total amount of available funds for expenditure in the whole state for the construction, reconstruction and maintenance of feeder and state local service roads during such annual period. Of the amount so ascertained, the commissioner:

(1) Shall set aside 20 percent to be distributed to counties, upon application, for any funds said counties incurred and expended in the previous year by way of local revenue sources assessed for the purpose of constructing, reconstructing, repairing, or maintaining any public road systems or rights-of-way within said counties as provided for by §7-20-1 et seq. of this code. The distributions shall be made as follows:

(A) Counties seeking reimbursement under this section shall submit an application to the commissioner, in a form to be determined by the commissioner, by March 1 of the year immediately following the year for which reimbursement is sought;

(B) If the commissioner determines that the sum total of funds requested by counties is equal to or less than the amount the commissioner set aside as required by this section, then the commissioner shall distribute said funds to the requesting counties on a matching basis, and any remaining funds shall be returned to the State Road Fund to be distributed in accordance with subsection (b) of this section; and

(C) If the commissioner determines that the sum total of funds requested by counties exceeds the amount the commissioner set aside as required by this section, then the commissioner shall distribute said funds to the requesting counties on a pro rata basis. 

(2) may May set aside as a reserve fund not to exceed twenty 20 percent thereof, to be used and expended by him the commissioner in his or her discretion in such manner as will best serve the interests of the state and the convenience of its inhabitants.

(b) The remaining eighty percent, or, if such reserve fund is not set aside Following the distributions required by subsection (a)(1) and permitted by subsection (a)(2), if any, then all the remaining funds shall be appropriated in the following order and preference:

(1) Maintenance funds. -- To be allocated to the various counties on the basis of the mileage of various types or road surfaces:

(A) Paved surfaces of all types, such as, brick, cement, concrete, bituminous, etc.

(B) Traffic-bound surfaces, such as, slag, crushed stone, gravel, chert, red dog, shale, etc.

(C) Unimproved earth roads; by applying certain weights or percentages, based on past experience, to the various types of road surfaces.

(2) Construction and reconstruction. -- To be allocated to the various counties on the basis of the ratio of the unimproved mileage of feeder and state local service roads in the county to the total unimproved mileage of feeder and state local service roads in the state.

(c) For the purposes of this section, the words "unimproved mileage" are defined and shall be construed to mean roads which are not passable for all-weather travel by motor vehicle.

(d) All moneys received from the federal government for road construction or reconstruction shall be expended as provided, or as may hereafter be provided by act of Congress.

(e)  Each district of the Division of Highways shall conduct an annual meeting that is open to the public to discuss proposals and shall allow interested persons to appear and present oral or written statements at the meeting.

ARTICLE 31.  ALLOCATION OF FUNDS.

§17-31-1. Findings.



The