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Introduced Version Senate Bill 27 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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