COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 88
(By Senators Oliverio and Unger)
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[Originating in the Committee on Finance;
reported February 25, 2008.]
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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;
providing eligibility criteria; exempting brownfield economic
development districts from land-use planning provisions; and
requiring the development office to promulgate emergency rules
by the first day of July, two thousand eight, to implement
this new section.
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.
(a) 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 the site and surrounding
area were involved in the extraction and processing of coal,
limestone or other natural resources, 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 forth 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) Nothing may be construed by this section to exempt
brownfield economic districts from environmental regulation that
would pertain to the development;
(10) The decision of the development office in regard to an
application is final; and
(11) Once designated, the district shall work in conjunction
with the governing board of Marshall University and West Virginia
University as specified in article three, chapter eighteen-b of
this code.
(b) 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
the rules shall include, but not be limited to, the application and
time line 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.