West Virginia 2026 Regular Session

West Virginia House Bill HB5013

Introduced
1/30/26  

Caption

Requiring the Commissioner of Highways to develop a formula for allocating road funds among districts

Summary

HB5013 would change how West Virginia road funds are distributed by the Division of Highways. First, it requires the state road commissioner to set aside 20 percent of the State Road Fund for reimbursement to counties that have spent local revenue on construction, reconstruction, repair, or maintenance of public roads and rights-of-way. Counties would apply for reimbursement each year, and the commissioner would distribute the set-aside either on a matching basis if requests do not exceed the reserve, or pro rata if requests exceed it. Any unused reimbursement money would return to the State Road Fund for the usual distribution process. The bill also creates a new Article 31 requiring the Commissioner of Highways to develop a formal allocation formula for state and federal road funds among the 10 highway districts and counties. That formula must consider population, projected population growth, lane miles, vehicle miles traveled, heavy truck traffic, and bridge count and condition. The commissioner must gather public comments, hold annual public meetings in each district, and submit the formula to the Legislature as a legislative rule in 2027. The bill’s stated goal is to make road-fund allocation more transparent and better aligned with county needs, while encouraging counties to use local revenue sources for road work.

Impact

HB5013 would materially alter the distribution of state highway resources by earmarking a fixed share of the State Road Fund for county reimbursement and by imposing a structured, statewide formula for allocating road funds among districts. It would affect the Division of Highways, county commissions, and counties that levy or spend local road revenues under §7-20-1 et seq., while also changing how maintenance and construction funds are prioritized under §17-3-6a. The bill would add new procedural obligations for public notice, comment collection, annual meetings, and legislative-rule approval, and it would require the commissioner to use specified transportation and demographic metrics when allocating funds.

Sentiment

Based on the bill text and the absence of recorded votes or committee transcripts, the overall sentiment appears generally supportive of reforming road-fund distribution and increasing transparency. The bill’s findings emphasize fairness, efficiency, and responsiveness to county needs, suggesting a policy rationale aimed at improving trust in the allocation process. No formal opposition is documented in the provided materials, but the proposal’s mandatory set-aside and formula requirements indicate a significant policy shift that could draw scrutiny from those concerned about reduced administrative flexibility or the effect on existing funding patterns.

Contention

The main points of contention likely involve the 20 percent reimbursement set-aside, the requirement that counties apply and be reimbursed on a matching or pro rata basis, and the limits placed on the commissioner’s discretion in allocating funds. Counties that spend local revenue on roads may support the reimbursement mechanism, while others may question whether the formula fairly accounts for rural needs, existing funding disparities, or local fiscal capacity. The bill also requires public comment and legislative-rule approval, which may be seen as increasing accountability, but could also be viewed as adding procedural complexity and constraining the Division of Highways’ flexibility in responding to changing conditions.

Companion Bills

WV SB8

Similar To Requiring DOH Commissioner to develop formula for allocating road funds among districts

Previously Filed As

WV HB2703

Requiring the Commissioner of Highways to develop a formula for allocating road funds among districts

WV HB2108

Requiring the Commissioner of Highways to develop a formula for allocating road funds among districts

WV SB55

Requiring DOH Commissioner to develop formula for allocating road funds among districts

WV HB2644

Ensure State Road Construction Account funds are in addition to general highways funds provided to the DOT districts

WV HB3394

Creating the school aid formula study commission

WV SB298

Relating to roadable aircraft on WV highways

WV HB3050

Community School Funding Formula Revision Act

WV HB2896

Requiring the three Commissioners of the State Public Service Commission to be elected positions

WV SB536

Relating to county economic opportunity development districts

WV SB132

Relating to county economic opportunity development districts

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