Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2278 Enrolled / Bill

Filed 05/08/2023

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1  AN ACT concerning civil law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Uniform Environmental Covenants Act is
5  amended by changing Section 2 as follows:
6  (765 ILCS 122/2)
7  Sec. 2. Definitions. In this Act:
8  "Activity and use limitations" means restrictions or
9  obligations created under this Act with respect to real
10  property.
11  "Agency" means the Illinois Environmental Protection
12  Agency or any other State or federal agency that determines or
13  approves the environmental response project pursuant to which
14  the environmental covenant is created.
15  "Board" means the Pollution Control Board established by
16  the Environmental Protection Act.
17  "Common interest community" means a condominium,
18  cooperative, or other real property with respect to which a
19  person, by virtue of the person's ownership of a parcel of real
20  property, is obligated to pay property taxes or insurance
21  premiums, or for maintenance, or improvement of other real
22  property described in a recorded covenant that creates the
23  common interest community.

 

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1  "Environmental covenant" means a servitude that (i) arises
2  under an environmental response project or under a court or
3  Board order and (ii) imposes activity and use limitations.
4  "Environmental response project" means a plan or work that
5  is:
6  (1) approved or overseen by an agency; and
7  (2) performed or conducted to clean up, remediate,
8  eliminate, investigate, minimize, mitigate, or prevent the
9  release or threatened release of contaminants affecting
10  real property in order to protect public health or welfare
11  or the environment, including, but not limited to for
12  environmental remediation of any site or facility in
13  response to contamination at any one or more of the
14  following sites or facilities:
15  (A) under a federal or State program governing
16  environmental remediation of real property, including,
17  but not limited to, programs under the Comprehensive
18  Environmental Response, Compensation and Liability Act
19  of 1980, as amended (42 U.S.C. 9601 et seq.), the
20  Resource Conservation and Recovery Act of 1976, as
21  amended (42 U.S.C. 6901 et seq.), the Environmental
22  Protection Act, or any rule or regulation adopted
23  thereunder sites or facilities that are listed as
24  proposed or final on the National Priorities List
25  pursuant to Section 105 of the Comprehensive
26  Environmental Response, Compensation and Liability Act

 

 

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1  of 1980, as amended (42 U.S.C. 9601 et seq.);
2  (B) incident to the closure of a solid or
3  hazardous waste management unit, if the closure is
4  conducted with the approval of an agency sites or
5  facilities undergoing remediation pursuant to an
6  administrative order issued pursuant to Section 106 of
7  the Comprehensive Environmental Response, Compensation
8  and Liability Act of 1980, as amended (42 U.S.C. 9601
9  et seq.);
10  (C) under a State voluntary clean-up program
11  authorized under the Environmental Protection Act or
12  any rule adopted thereunder sites or facilities that
13  are or were formerly owned or operated by a
14  department, agency, or instrumentality of the United
15  States that are undergoing remediation pursuant to
16  Section 120 of the Comprehensive Environmental
17  Response, Compensation and Liability Act of 1980, as
18  amended (42 U.S.C. 9601 et seq.);
19  (D) (blank) sites or facilities undergoing
20  remediation pursuant to a settlement agreement
21  pursuant to Section 122 of the Comprehensive
22  Environmental Response, Compensation and Liability Act
23  of 1980, as amended (42 U.S.C. 9601 et seq.);
24  (E) (blank) sites or facilities undergoing
25  remediation pursuant to Section 3008(h) of the
26  Resource Conservation and Recovery Act of 1976 (42

 

 

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1  U.S.C. 6901 et seq.);
2  (F) (blank) sites or facilities undergoing
3  remediation pursuant to Section 7003 of the Resource
4  Conservation and Recovery Act of 1976 (42 U.S.C. 6901
5  et seq.);
6  (G) (blank) sites or facilities undergoing
7  remediation pursuant to a court or Board order issued
8  pursuant to the Illinois Environmental Protection Act
9  (415 ILCS 5/1 et seq.) with the approval of the Agency;
10  or
11  (H) (blank) sites or facilities undergoing
12  remediation pursuant to a Compliance Commitment
13  Agreement entered into under Section 31 of the
14  Environmental Protection Act.
15  "Holder" means the grantee of an environmental covenant as
16  specified in Section 3(a).
17  "Person" means an individual, corporation, business trust,
18  estate, trust, partnership, limited liability company,
19  association, joint venture, public corporation, government,
20  governmental subdivision, agency, or instrumentality, or any
21  other legal or commercial entity.
22  "Prior interest" means a preceding or senior interest, in
23  time or in right, that is recorded with respect to the real
24  property, including but not limited to a mortgage, easement,
25  or other interest, lien, or encumbrance predating the
26  recording of an environmental covenant.

 

 

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1  "Record", used as a noun, means information that is
2  inscribed on a tangible medium or that is stored in an
3  electronic or other medium and is retrievable in perceivable
4  form.
5  "State" means a state of the United States, the District
6  of Columbia, Puerto Rico, the United States Virgin Islands, or
7  any territory or insular possession subject to the
8  jurisdiction of the United States.
9  (Source: P.A. 99-396, eff. 8-18-15.)

 

 

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