By Delegates Warner and Michael:
H. C. R. 24--"Expressing the concern of the West Virginia Legislature over the transfer and abandonment of service by rail common carriers on rights-of-way containing possible contaminants and authorizing an interim study of the same."
Whereas, Rail common carriers have recently transferred, abandoned and removed from service many miles of right-of-way or real property in the State of West Virginia; and
Whereas, This abandonment of right-of-way has occurred without known regard for any spraying, release, leak, discharge or use of hazardous material and/or toxic materials which may have occurred on the rail carriers right-of-way; and
Whereas, It is unknown if hazardous material or toxic substance present on the rail right-of-way could have entered the groundwater or surface water; and
Whereas, If hazardous materials or toxic substances are present in groundwater or surface water the extent of impact on aquatic, plant and animal life and the use of the property for future industrial or recreational use is unknown; and
Whereas, Compliance with applicable laws and rules of the Division of Environmental Protection on rail right-of-way on which service has been terminated or which has been transferred can only be determined by further study and analysis; therefore, be it
Resolved by the Legislature of West Virginia:
That concern is expressed over the transfer and abandonmentof service by rail common carriers on rights-of-way containing possible contaminants; and, be it
Further Resolved, That the Joint Committee on Government and Finance conduct a study of possible contamination of these abandoned rights-of-way and related problems; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 1996, 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.