SB 265 — Authorizing DEP to develop Reclamation of Abandoned and Dilapidated Properties Program

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 265 By Senators Swope, Woelfel, Baldwin, Cline, Stollings, Roberts, Plymale, Hamilton, Jeffries, Facemire, and JeffriesPalumbo, [Introducedoriginal Januarysponsors 10,[Originating 2020;in the Committee on Economic Development;

referredreported on January 17, 2020]     A BILL to amend and reenact §22-15A-1 of the CommitteeCode onof EconomicWest Development;Virginia, 1931, as amended;

and then to the Committee on Finance] A BILL to amend and reenact §22-15A-1 of the Code of West Virginia, 1931, as amended;

and to amend and reenact §22-16-12 of said code, all relating to authorizing the Department of Environmental Protection to develop a program called the Reclamation of Abandoned and Dilapidated Properties Program to reclaim abandoned and dilapidated structures in order to improve West Virginia communities and to open new parcels for development.development;

creating a special revenue fund;

providing a statement of legislative findings and purpose;

and permitting the payment of excess money from the Solid Waste Facility Closure Cost Assistance Fund into the Reclamation of Abandoned and Dilapidated Properties Program Fund.

The accumulation of waste tires has also become a significant environmental and public health hazard to the statestate, and the location and number of waste tires are directly related to the efficiency of travel, by citizens, visitors and of commerce, along public highways in West Virginia.

(e) Therefore, in view of the findings relating to waste tires, the Legislature declares it to be the public policy of the State of West Virginia to eliminate the present danger resulting from discarded or abandoned waste tires and to eliminate the visual pollution resulting from waste tire piles and that in order to provide for the public health, safety, and welfare, and quality of lifelife, and to reverse the adverse impacts to the proper maintenance and efficiency of public highways, it is necessary to enact legislation to those ends by providing expeditious means and methods for effecting the disposal of waste tires.

and furtherfurther, that the existence of abandoned and dilapidated structures along and near public highways is sometimes accompanied by other hazards and, in turn, adversely impacts the proper maintenance and efficiency of public highways for citizens.

(g) (i) The Legislature finds that the effectiveness of litter control, openopen-dump, dump, tire cleancleanup, up programs, and recycling programs have been made less efficient by fragmented implementation of the various programs by different agencies.

It is therefore necessary to coordinate all such programs under one program managed by the department to ensure that all current and future litter, openopen-dump, dump, waste tiretire, and recycling issues are managed and addressed efficiently and effectively.

James Manchin Rehabilitation Environmental Action Plan, a coordinated effort to address litter, waste, openopen-dump, dump, tire cleanup, and recycling programs.

Using the fund established in §22-15A-29(b)§22-15A-30(b) of this code, the Department of Environmental Protection may work with county commissions or municipalities and implement redevelopment plans,plans which will, at a minimum, establish prioritized inventories of structures eligible to participate in the program, offer reuse options for highhigh-priority priority sites, and recommend actions county commissions or municipalities may take to remediate abandoned and dilapidated structures in their communities.

The fund shall be comprised of any money granted by charitable foundations, allocated by the Legislature, allocated from federal agencies, alland incomeearned from the investment of money held in the fund, and all other money designated for deposit to the fund from any source, public or private.

(d) The Department of Environmental Protection may promulgate rules, in accordance with the provisions of §29A-3-1,§29A-3-1 et seq.

(a) The Solid Waste Facility Closure Cost Assistance Fund continues as a special revenue account in the State Treasury.

and (4) All interest earned on investments made by the Statestate from moneys deposited in this fund.

(d) The Solid Waste Management Board, upon written approval of the secretary, has the authority to pledge all or part of the revenues paid into the Solid Waste Facility Closure Cost Assistance Fund as needed to meet the requirements of any revenue bond issue or issues of the Solid Waste Management Board authorized by this article, including the payment of principal of, interestinterest, and redemption premium, if any, on the revenue bonds, and the establishing and maintaining of a reserve fund or funds for the payment of the principal of, interestinterest, and redemption premium, if any, on the revenue bond issue or issues where other moneys pledged may be insufficient.

Any pledge of moneys in the Solid Waste Facility Closure Cost Assistance Fund for revenue bonds is a prior and superior charge on the fund over the use of any of the moneys in the fund to pay for the cost of any project on a cash basis.

(f) Notwithstanding any provision of this article, upon request of the Solid Waste Management Board, and with the approval of the projects by the Secretary of the Department of Environmental Protection, the secretary may pledge and place into escrow accounts up to an aggregate of $2 million of the fund to satisfy two yearsyears’ debt service requirement that permitees of publicly owned landfills and transfer stations are required to meet in order to obtain loans.

(2) The permittee dedicates all yearly debt service revenue, as determined by the Public Service Commission, to meet the repayment schedule of the loan,loan before it uses available revenue for any other purpose;

(i) The Prichard Landfill in Wayne County is eligible for funds from the Solid Waste Facility Closure Cost Assistance Fund necessary to complete postpost-closure closure maintenance and monitoring upon the filing of an appropriate application.

In the event of a permit transfer, neither the Statestate nor the Wayne County economicEconomic developmentDevelopment authorityAuthority or entity may assume any liability from the private landfill other than postpost-closure closure maintenance and monitoring costs.

(j)(1) Notwithstanding any other provision of this code, upon completion of the landfill closureclosure-related related services at all eligible landfills pursuant to §22-16-3 of this code, the secretary may transfer excess money from this fund to the Reclamation of Abandoned and Dilapidated Properties Program Fund created by §22-15A-30 of this code.

However, the secretary may not transfer moneymoneys from this fund that are required to be maintained so that the department can conduct post-closure activities authorized by this article and the legislative rules promulgated thereunder.

(2) Contingent upon the Department of Environmental Protection securing private foundation funding to establish the Reclamation of Abandoned and Dilapidated Properties Program, and prior to the completion of the landfill closureclosure-related related services at all eligible landfills, the secretary may expend money from this fund for pilot projects conducted by the Department of Environmental Protection demonstrating the function of the Reclamation of Abandoned and Dilapidated Properties Program.

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