Bill Text: WV HB2085 | 2020 | Regular Session | Introduced
Bill Title: Requiring urban renewal authorities to submit proposed urban renewal projects to the affected local county boards of health
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - To House Political Subdivisions [HB2085 Detail]
Download: West_Virginia-2020-HB2085-Introduced.html
WEST virginia Legislature
2019 regular session
Introduced
House Bill 2085
By Delegates Pushkin
[Introduced January 9, 2019;
Referred
to the Committee on Political Subdivisions then Government Organization.]
A BILL to amend and reenact §16-18-25 and §16-18-26 of the Code of West Virginia, 1931, as amended, all relating to requiring urban renewal authorities to submit active, amended, and proposed urban renewal projects and plans to the affected local county boards of health for review and comment; requiring urban renewal authorities to meet with municipalities and communities regarding those projects and plans; and requiring urban renewal authorities to make reports and make them available to the affected local county boards of health and local residents.
Be it enacted by the Legislature of West Virginia:
ARTICLE 18. SLUM CLEARANCE.
§16-18-25. Urban renewal projects.
(a) In addition to its authority under any other section
of this article, an authority is hereby authorized to may plan
and undertake urban renewal projects. As used in this article, an urban renewal
project may include undertakings and activities for the elimination (and for
the prevention of the development or spread) of slums or blighted,
deteriorated, or deteriorating areas and may involve any work or undertaking
for such purpose constituting a redevelopment project or any rehabilitation or
conservation work, or any combination of such undertaking or work. Such The
undertaking and work may include (1) carrying out plans for a program of
voluntary or compulsory repair and rehabilitation of buildings or other
improvements; (2) acquisition of real property and demolition, removal, or
rehabilitation of buildings and improvements thereon where necessary to
eliminate unhealthful, insanitary or unsafe conditions, lessen density, reduce
traffic hazards, eliminate obsolete or other uses detrimental to the public
welfare, or to otherwise remove or prevent the spread of blight or
deterioration, or to provide land for needed public facilities; (3)
installation, construction, or reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary for carrying out the objectives
of the urban renewal project; and (4) the disposition, for uses in accordance with
the objectives of the urban renewal project, of any property or part thereof
acquired in the area of such the project: Provided, That such
the disposition shall be in the manner prescribed in this article for
the disposition of property in a redevelopment project area.
(b) Notwithstanding any other provisions of this article,
where the local governing body certifies that an area is in need of
redevelopment or rehabilitation as a result of a flood, fire, hurricane,
earthquake, storm or other catastrophe respecting which the Governor of the
state has certified the need for disaster assistance under Public Law 875, 81st
Congress, or other federal law, the local governing body may approve an urban
renewal plan and an urban renewal project with respect to such that
area without regard to any provisions of this article requiring public hearings
or requiring that the urban renewal plan conform to a general plan for the
community as a whole, or that the urban renewal area be a slum area, or a
blighted, deteriorated, or deteriorating area, or that the urban renewal area
be predominantly residential in character or be developed or redeveloped for
residential uses.
(c) Notwithstanding any other provisions of this article, the authority shall submit all active, amended and proposed urban renewal projects to the director and health officer of the county health department where the project is located for review and comment.
(d) The authority shall hold quarterly meetings with the affected communities and municipalities to discuss the status, necessity and proposed outcomes of all active, amended and proposed urban renewal projects.
(e) The authority shall make quarterly and annual reports of all active, amended, proposed and completed urban renewal projects and provide them to the directors and health officers of the local county health departments and local residents.
§16-18-26. Urban renewal plan.
(a) Any urban renewal
project undertaken pursuant to the preceding section §16-18-25 of
this code shall be undertaken in accordance with an urban renewal plan for
the area of the project. As used in this article, an “urban renewal plan” means
a plan, as it exists from time to time, for an urban renewal project, which
plan (1) shall conform to the general plan for the community as a whole, except
as provided for disaster areas, and (2) shall be sufficiently complete to
indicate such the land acquisition, demolition and removal of
structures, redevelopment, improvements, and rehabilitation as may be proposed
to be carried out in the area of the urban renewal project, zoning and planning
changes, if any land uses, maximum densities, building requirements, and
the plan's relationship to definite local objectives representing appropriate
land uses, improved traffic, public transportation, public utilities,
recreational and community facilities, and other public improvements. An urban
renewal plan shall be prepared and approved pursuant to the same procedure as
provided in this article with respect to a redevelopment plan. Where real
property acquired by a community is to be transferred in accordance with the
urban renewal plan, any contract for such the transfer and the
urban renewal plan (or such part or parts of such contract or plan as the
authority may determine) may be recorded in the land records of the county in
such manner as to afford actual or constructive notice thereof.
(b) Notwithstanding any other provisions of this article, the authority shall submit all active, amended and proposed urban renewal plans to the director and health officer of the county health department where the plans are effective for review and comment.
(c) The authority shall hold quarterly meetings with the affected communities and municipalities to discuss the status, necessity and proposed outcomes of all active, amended and proposed urban renewal plans.
(d) The authority shall make quarterly and annual reports of all active, amended, proposed and completed urban renewal plans and provide them to the directors and health officers of the local county health departments and local residents.
NOTE: The purpose of this bill is to require urban renewal authorities to submit active, amended and proposed urban renewal projects and plans to the affected local county boards of health for review and comment. The bill requires urban renewal authorities to meet with municipalities and communities regrading those projects and plans. The bill requires urban renewal authorities to make reports and make them available to the affected local county boards of health and local residents.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.