On Mar. 8, WV LEG passed bill on hazardous contamination liabilities.
WV LEG passed bill HB 4967 on liability protections for property site contaminations.
Bill Provisions
Amends WV LEG 22-22 on the Voluntary remediation and redevelopment act.
Provides new liability protections for redevelopment of former industrial properties.
Clarifies procedures and public notice provisions for the Brownfields Revolving Fund.
Limits the liability of lenders, innocent purchasers, innocent landowners, de minimis contributors, or others who have limited responsibility for contamination.
Bona fide prospective purchasers are not liable for containment at a brownfield site.
Person that owns contiguous real property that is contaminated by a release of a hazardous substance from real property that is not owned by that person is not liable.
Requires party responsible for contamination to remediate improperly managed sites.
Legislative History
On Jan. 22, 2024, bill introduced in House; on Feb. 26, 2024, bill passed House.
On Feb. 28, 2024, bill introduced in Senate; on Mar. 8, 2024, bill passed Senate.
Effectiveness
Upon approval by governor or veto override, HB 4967 effective 90 days after passage.
Mar. 26, 2024 WV LEG Governor Approval
On Mar. 26, 2024, WV LEG notified governor approved HB 4967, in effect Jun. 6, 2024.
Regulators
WV LEG
Entity Types
Corp
Reference
Bill, 3/26/2024; Bill, HB4967, 3/8/2024; ESG; Citation: WV LEG 22-22;
