ENROLLED
H. B. 2871
(By Delegates Lawrence and Doyle)
[Passed March 8, 2011; in effect July 1, 2011.]
AN ACT to amend and reenact §5B-2-6a of the Code of West Virginia,
1931, as amended, relating to brownfield economic development
districts; and providing that governing bodies of
municipalities and counties have regulatory and oversight
authority over these districts.
Be it enacted by the Legislature of West Virginia:
That §5B-2-6a of the Code of West Virginia, 1931, as amended,
be amended and reenacted 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) The applicant shall own or control the property within the
district;
(6) All costs for the application process shall be borne by
the applicant;
(7) An applicant shall demonstrate that the applicant has
attempted to work in good faith with local officials in regard to
land-use issues;
(8) Beginning July 1, 2011, an application for a brownfield economic development district may not be approved unless the
district conforms to a county's or municipality's planning and
zoning laws established pursuant to the provisions of article
seven, eight and nine, of chapter eight-a of this code.
(9) 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;
(10) Nothing may be construed by this section to exempt
brownfield economic districts from environmental regulation that
would pertain to the development;
(11) The decision of the development office in regard to an
application is final; and
(12) Once designated, the district shall work in conjunction
with the regional brownfield assistance centers of Marshall
University and West Virginia University as specified in section
seven, article eleven, 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
October 1, 2008, to facilitate the initial implementation of this
section.