H. B. 4753
(By Delegates Amores, Staton and Trump)
[Introduced February 24, 2006; referred to the committee on the
Judiciary.]
A BILL to amend the Code of West Virginia, l931, as amended, by
adding thereto a new article, designated §16-42-1 and §16-42-
2, all relating to regulation and procedures for the cleanup
of clandestine drug laboratories; establishing a program of
certification and licensing of persons engaged in the business
of cleanup; authorizing the bureau for public health to
establish fees for certification, licensing and notification
requirements; and establishing a special revenue account.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-42-1 and §16-42-2,
all to read as follows:
ARTICLE 42. REGULATION OF CLANDESTINE DRUG LABORATORIES.
§16-42-1. Legislative findings and purposes.
The Legislature hereby finds and declares that clandestine
drub laboratories, used for the production of methamphetamine (meth) and other illicit drugs, exist in many areas of West
Virginia. These illegal laboratories present an immediate and
ongoing danger to public health and safety.
The purpose of this article is to designate the office of
environmental health services in the bureau for public health as
the state agency to establish standards for the cleanup of
clandestine drug laboratories and for protection of property owners
and occupants by rule.
As used in this article, the term "cleanup" means the act of
rendering a residence or place of business or any structure
appurtenant to a residence or place of business, or other structure
on property that has been used for the manufacture or consumption
of methamphetamines or other illicit drugs, safe and usable for the
purposes for which it is intended.
§16-42-2. Promulgation of rule, special revenue account
established.
(a) The bureau for public health shall promulgate a
legislative rule to address, at a minimum, the following issues:
(1) Establish scientific guidelines and numeric
decontamination levels for the cleanup of clandestine drug
laboratories;
(2) Establish a certification program for persons or
contractors who engage in the business of clandestine drug lab
cleanup;
(3) Establish a licensure program whereby those individuals and businesses certified to do cleanup of clandestine drug
laboratories obtain a license from the office of environmental
health services to do such work;
(4) Require licensed contractors to notify the office of
environmental health services in the bureau for public health prior
to beginning any cleanup project;
(5) Establish requirements for property owners, sellers and
landlords to disclose the existence of any former clandestine
laboratory site or activity to any potential occupant.
(b) Fees are authorized to be charged to persons or
contractors engaged in the business of clandestine drug laboratory
cleanup for the certification, licensing and notification required
in this article.
© Fees shall be set by rule and shall be deposited in a
"clandestine drug laboratory cleanup fund" to be established in the
state treasury. The fund shall be used for purposes related to the
implementation of this article.
NOTE: The purpose of this bill is to authorized the Bureau for
Public Health to promulgate a rule for regulating the cleanup,
certification, licensing and property owner disclosure requirements
for clandestine drug laboratories.
The article is new and therefore strike-throughs and
underscoring have been omitted.