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Introduced Version Senate Bill 88 History

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sb88 intr
Senate Bill No. 88

(By Senators Oliverio and Unger)

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[Introduced January 9, 2008; referred to the Committee on Economic Development; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-6a, relating to the creation of brownfield economic development districts.

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 section, designated §5B-2-6a, to read as follows:
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-6a. Brownfield economic development districts; applications; fees; rules.

Any property owner of a tract of land that is a brownfield or voluntary remediated site pursuant to article twenty-two, chapter twenty-two of this code may, if such site and surrounding area were involved in the extraction and processing of coal, limestone or other natural resource, apply to the development office to become a brownfield economic development district.
(1) Applicants for a brownfield economic development district must demonstrate that the district when designated will create significant economic development activity;
(2) Applicants shall submit a development plan that provides specific details on proposed financial investment, direct and indirect jobs to be created, and the viability of the district;
(3) Brownfield economic development districts:
(A) May not contain single family housing;
(B) Shall provide all the infrastructure within the district without cost to the state, county, public service district or local municipal government;
(4) Applicants shall demonstrate that were it not for this designation the contemplated development would not be possible and that the development is in the best interest of the state;
(5) All costs for the application process shall be borne by the applicant;
(6) Applicants shall demonstrate that the applicant has attempted to work in good faith with local officials in regard to land use issues;
(7) Brownfield economic development districts are not subject to the provisions of chapter eight-a of this code;
(8) Prior to granting a designation of brownfield economic development district, the applicant shall provide documentation that the applicant has met all the requirements set for in article twenty-two, chapter twenty-two of this code to be designated as a brownfield site or voluntary remediated site and is in compliance with the remediation plan;
(9) The development office shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement this section and such rules shall include, but not be limited to, the application and timeline process, notice provisions, additional application consideration criteria and application fees sufficient to cover the costs of the consideration of an application. The development office shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code by the first day of July, two thousand eight, to facilitate the initial implementation of this section.
(10) Nothing may be construed by this section to exempt brownfield economic districts from environmental regulation that would pertain to the development; and
(11) The decision of the development office in regard to an application is final.


NOTE: The purpose of this bill is to create brownfield economic development districts in areas involved in the extraction and processing of coal, limestone or other natural resources and that are currently designated as brownfield or voluntary remediated sites by the state.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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