West Virginia House Bill HB4967

West Virginia 2024 Regular Session

• Introduced: 1/22/24
• Refer: 1/22/24
• Refer: 1/31/24
• Engrossed: 2/26/24
• Refer: 2/28/24
• Report Pass: 3/5/24
• Enrolled: 3/8/24
• Passed: 3/9/24
• Chaptered: 4/22/24

Caption

Relating to the administration of the Voluntary Remediation and Redevelopment Act to provide new liability protections for persons and companies who wish to purchase and redevelop former industrial properties.

Impact

The provisions of HB 4967 are expected to have a significant impact on state environmental laws and commercial real estate activities. The bill defines terms related to brownfields and establishes a framework for voluntary remediation, specifying how individuals and entities can limit their liability in connection to contaminants on properties they acquire. It also emphasizes the role of the West Virginia Department of Environmental Protection in overseeing these processes and offering guidelines to ensure compliance with environmental standards. This might encourage more investment in sites that would otherwise remain abandoned due to legal uncertainties around pollution liability.

Summary

House Bill 4967 aims to amend and reenact several sections of the West Virginia Code concerning the administration of the Voluntary Remediation and Redevelopment Act. The bill primarily focuses on providing new liability protections for individuals and companies interested in purchasing and redeveloping former industrial properties that may be contaminated. By setting forth specific criteria and processes for voluntary remediation, the legislation seeks to incentivize the rehabilitation of brownfields—properties often overlooked due to concerns about contamination, thereby allowing these sites to be revitalized for more productive purposes and mitigating urban sprawl onto undeveloped land.

Sentiment

Legislative sentiment regarding HB 4967 appears generally supportive among proponents of economic development and environmental remediation. Advocates believe that the bill will stimulate redevelopment initiatives, promote economic growth, and restore neglected properties to community use. However, there is also some contention regarding the potential for these liability protections to undermine environmental protections. Critics express concerns about allowing redevelopment without sufficiently addressing possible health risks to communities nearby contaminated sites.

Contention

One notable area of contention involves the provisions that allow for liability limits on innocent purchasers and landowners under which they could avoid liability for pre-existing contamination if certain conditions are met. While this could facilitate redevelopment and draw more investors into brownfield projects, opponents argue that it could lead to insufficient accountability for remediation processes, potentially jeopardizing community health and safety. The balance between encouraging economic development and safeguarding environmental health remains a focal point in the discussions surrounding this bill.