Senate Bill No. 27
(By Senators Wells and Green)
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[Introduced January 13, 2010; referred to the Committee on Health
and Human Resources; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §60A-11-3 of the Code of West Virginia,
1931, as amended, relating to requiring the Department of
Health and Human Resources to provide a list of applicable
contaminated properties where clandestine drug laboratories
had operated for review on the internet by the general public.
Be it enacted by the Legislature of West Virginia:
That §60A-11-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. CLANDESTINE DRUG LABORATORY REMEDIATION ACT.
§60A-11-3. Remediation of clandestine drug laboratories;
promulgation of legislative rules.
(a) The Department of Health and Human Resources shall propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code to address, at a
minimum, the following issues:
(1) Establishment of scientific guidelines and numeric
decontamination levels for the remediation of clandestine drug
laboratories;
(2) Establishment of a certification program for persons or
contractors who engage in the business of clandestine drug lab
remediation;
(3) Establishment of a licensure procedure whereby individuals
and businesses certified to do remediation of clandestine drug
laboratories obtain a license from the Department of Health and
Human Resources to do such work;
(4) Requiring licensed contractors to notify the Department of
Health and Human Resources prior to beginning any remediation
project;
(5) Setting forth certification procedures for the department
to certify that the completed remediation of the residential
property fully meets the scientific guidelines and numeric
decontamination levels set forth in the legislative rule;
and
(6) Establishing requirements for property owners, sellers and
landlords to disclose the existence of any former clandestine
laboratory site or activity to any potential occupant of the
residential property;
and
(7) Establishing a community notification program, including
providing a list to the general public that describes with
particularity the identification of the contaminated properties, including the addresses of the properties, photographs of the
properties, and names of the owners of the properties. This list
of contaminated properties that have not been remediated shall be
available for review by the general public via the Internet.
(b) Fees may be set by the legislative rule to be charged to
persons or contractors engaged in the business of clandestine drug
laboratory remediation for certification, licensing and
notification as required in this article.
NOTE: This bill shall require the Department of Health and
Human Resources to provide a list of applicable contaminated
properties where clandestine drug laboratories had operated, for
review on the Internet by the general public.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.