SENATE CONCURRENT RESOLUTION NO. 98

(By Senators Unger, Kessler (Mr. President), Beach, Carmichael, Cole, Edgell, Facemire, Fitzsimmons, D. Hall, Laird, Miller, Palumbo, Sypolt, Wells, Yost and Tucker)

Requesting the Joint Committee on Government and Finance establish a special study commission to review the January, 2011, United States Chemical, Safety and Hazard Investigation Board’s Pesticide Chemical Runaway Reaction Pressure Vessel Explosion Investigation Report on the August 28, 2008, explosion at the Bayer CropScience, LP facility in Institute, West Virginia.

    Whereas, On August 28, 2008, there was an explosion at the Bayer CropScience, LP facility in Institute, West Virginia, that killed two persons and injured eight others; and

    Whereas, In January, 2011, the United States Chemical, Safety and Hazard Investigation Board issued Report No. 2008-08-I-WV on the explosion; and

    Whereas, In its investigative report the United States Chemical, Safety and Hazard Investigation Board cited four key issues: (1) Process Hazards Analysis; (2) Pre-Startup Safety Review; (3) Process Safety Information and Training; and (4) Emergency Planning and Response; and

    Whereas, In addition to making its findings and conclusions the investigative report also set forth recommendations to the following governmental units: (1) The Director of the Kanawha-Charleston Health Department; (2) the Secretary of the West Virginia Department of Health and Human Resources; (3) the Secretary of the Department of Environmental Protection; (4) the Kanawha-Putnam Emergency Planning Committee; and (5) the West Virginia State Fire Marshal; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to establish a study commission to review the January, 2011, United States Chemical, Safety and Hazard Investigation Board’s Pesticide Chemical Runaway Reaction Pressure Vessel Explosion Investigation Report on the August 28, 2008, explosion at the Bayer CropScience, LP facility in Institute, West Virginia; and, be it

    Further Resolved, That the Joint Committee on Government and Finance designate the respective Senate and House of Delegates chairs of the Judiciary, Finance and Health committees, the co-chairs of the Joint Legislative Oversight Commission on State Water Resources and public health and safety professionals, such as the Director of the Kanawha-Charleston Health Department, the Secretary of the West Virginia Department of Health and Human Resources, the Secretary of the Department of Environmental Protection, the Kanawha-Putnam Emergency Planning Committee and the West Virginia State Fire Marshall, to the special study commission; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.