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Introduced Version House Concurrent Resolution 94 History

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HOUSE CONCURRENT RESOLUTION 94

(By Delegates C. Miller, Foster, Overington, Jennings, Ambler, Butler, Cooper, Dean, Graves, Hamrick, Hanshaw, Harshbarger, Higginbotham, Howell, Kessinger, Maynard, Pack, Paynter, Queen, Rohrbach, R. Romine, Rowan and Storch)

[Introduced March 2, 2018, Referred to the Committee on Rules]

Requesting the Joint Committee on Government and Finance to conduct a study comparing West Virginia’s asbestos rules with those in other states and the federal government and determine whether simplified and less restrictive rules could also be effective.

Whereas, West Virginia has statutes and rules regarding the handling, abatement, and disposal of asbestos containing materials, including those enforced by the Department of Environmental Protection’s Division of Air Quality, Office of Solid Waste Management, and the Division of Water and Waste Management and the Department of Health and Human Resources’ Bureau for Public Health; and

Whereas, A number of the current West Virginia rules related to the handling, abatement, and disposal of asbestos-containing materials are more stringent than those imposed by the federal government; and  

Whereas, More than forty percent of the commercial buildings in the country were built prior to 1970, and before a ban on the use of products containing asbestos; and 

Whereas, Asbestos abatement projects can significantly increase the cost of the construction and rehabilitation of existing structures within the state; and  

Whereas, The high costs to comply with such rules may curtail investment by businesses desiring to rehabilitate buildings within the state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to conduct a study comparing West Virginia’s asbestos rules with those in other states and the federal government and determine whether simplified and less restrictive rules could also be effective; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2019, 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.

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