Illinois 2023-2024 Regular Session

Illinois House Bill HB2278 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0028
2	1		HB2278 EnrolledLRB103 25655 LNS 52004 b HB2278 Enrolled LRB103 25655 LNS 52004 b
3	2		HB2278 Enrolled LRB103 25655 LNS 52004 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Uniform Environmental Covenants Act is
8		-	amended by changing Section 2 as follows:
9		-	(765 ILCS 122/2)
10		-	Sec. 2. Definitions. In this Act:
11		-	"Activity and use limitations" means restrictions or
12		-	obligations created under this Act with respect to real
13		-	property.
14		-	"Agency" means the Illinois Environmental Protection
15		-	Agency or any other State or federal agency that determines or
16		-	approves the environmental response project pursuant to which
17		-	the environmental covenant is created.
18		-	"Board" means the Pollution Control Board established by
19		-	the Environmental Protection Act.
20		-	"Common interest community" means a condominium,
21		-	cooperative, or other real property with respect to which a
22		-	person, by virtue of the person's ownership of a parcel of real
23		-	property, is obligated to pay property taxes or insurance
24		-	premiums, or for maintenance, or improvement of other real
25		-	property described in a recorded covenant that creates the
26		-	common interest community.
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Uniform Environmental Covenants Act is
	7	+	5 amended by changing Section 2 as follows:
	8	+	6 (765 ILCS 122/2)
	9	+	7 Sec. 2. Definitions. In this Act:
	10	+	8 "Activity and use limitations" means restrictions or
	11	+	9 obligations created under this Act with respect to real
	12	+	10 property.
	13	+	11 "Agency" means the Illinois Environmental Protection
	14	+	12 Agency or any other State or federal agency that determines or
	15	+	13 approves the environmental response project pursuant to which
	16	+	14 the environmental covenant is created.
	17	+	15 "Board" means the Pollution Control Board established by
	18	+	16 the Environmental Protection Act.
	19	+	17 "Common interest community" means a condominium,
	20	+	18 cooperative, or other real property with respect to which a
	21	+	19 person, by virtue of the person's ownership of a parcel of real
	22	+	20 property, is obligated to pay property taxes or insurance
	23	+	21 premiums, or for maintenance, or improvement of other real
	24	+	22 property described in a recorded covenant that creates the
	25	+	23 common interest community.
27	26
28	27
29	28
30	29		HB2278 Enrolled LRB103 25655 LNS 52004 b
31	30
32	31
33		-	"Environmental covenant" means a servitude that (i) arises
34		-	under an environmental response project or under a court or
35		-	Board order and (ii) imposes activity and use limitations.
36		-	"Environmental response project" means a plan or work that
37		-	is:
38		-	(1) approved or overseen by an agency; and
39		-	(2) performed or conducted to clean up, remediate,
40		-	eliminate, investigate, minimize, mitigate, or prevent the
41		-	release or threatened release of contaminants affecting
42		-	real property in order to protect public health or welfare
43		-	or the environment, including, but not limited to for
44		-	environmental remediation of any site or facility in
45		-	response to contamination at any one or more of the
46		-	following sites or facilities:
47		-	(A) under a federal or State program governing
48		-	environmental remediation of real property, including,
49		-	but not limited to, programs under the Comprehensive
50		-	Environmental Response, Compensation and Liability Act
51		-	of 1980, as amended (42 U.S.C. 9601 et seq.), the
52		-	Resource Conservation and Recovery Act of 1976, as
53		-	amended (42 U.S.C. 6901 et seq.), the Environmental
54		-	Protection Act, or any rule or regulation adopted
55		-	thereunder sites or facilities that are listed as
56		-	proposed or final on the National Priorities List
57		-	pursuant to Section 105 of the Comprehensive
58		-	Environmental Response, Compensation and Liability Act
	32	+	HB2278 Enrolled- 2 -LRB103 25655 LNS 52004 b HB2278 Enrolled - 2 - LRB103 25655 LNS 52004 b
	33	+	HB2278 Enrolled - 2 - LRB103 25655 LNS 52004 b
	34	+	1 "Environmental covenant" means a servitude that (i) arises
	35	+	2 under an environmental response project or under a court or
	36	+	3 Board order and (ii) imposes activity and use limitations.
	37	+	4 "Environmental response project" means a plan or work that
	38	+	5 is:
	39	+	6 (1) approved or overseen by an agency; and
	40	+	7 (2) performed or conducted to clean up, remediate,
	41	+	8 eliminate, investigate, minimize, mitigate, or prevent the
	42	+	9 release or threatened release of contaminants affecting
	43	+	10 real property in order to protect public health or welfare
	44	+	11 or the environment, including, but not limited to for
	45	+	12 environmental remediation of any site or facility in
	46	+	13 response to contamination at any one or more of the
	47	+	14 following sites or facilities:
	48	+	15 (A) under a federal or State program governing
	49	+	16 environmental remediation of real property, including,
	50	+	17 but not limited to, programs under the Comprehensive
	51	+	18 Environmental Response, Compensation and Liability Act
	52	+	19 of 1980, as amended (42 U.S.C. 9601 et seq.), the
	53	+	20 Resource Conservation and Recovery Act of 1976, as
	54	+	21 amended (42 U.S.C. 6901 et seq.), the Environmental
	55	+	22 Protection Act, or any rule or regulation adopted
	56	+	23 thereunder sites or facilities that are listed as
	57	+	24 proposed or final on the National Priorities List
	58	+	25 pursuant to Section 105 of the Comprehensive
	59	+	26 Environmental Response, Compensation and Liability Act
59	60
60	61
61		-	of 1980, as amended (42 U.S.C. 9601 et seq.);
62		-	(B) incident to the closure of a solid or
63		-	hazardous waste management unit, if the closure is
64		-	conducted with the approval of an agency sites or
65		-	facilities undergoing remediation pursuant to an
66		-	administrative order issued pursuant to Section 106 of
67		-	the Comprehensive Environmental Response, Compensation
68		-	and Liability Act of 1980, as amended (42 U.S.C. 9601
69		-	et seq.);
70		-	(C) under a State voluntary clean-up program
71		-	authorized under the Environmental Protection Act or
72		-	any rule adopted thereunder sites or facilities that
73		-	are or were formerly owned or operated by a
74		-	department, agency, or instrumentality of the United
75		-	States that are undergoing remediation pursuant to
76		-	Section 120 of the Comprehensive Environmental
77		-	Response, Compensation and Liability Act of 1980, as
78		-	amended (42 U.S.C. 9601 et seq.);
79		-	(D) (blank) sites or facilities undergoing
80		-	remediation pursuant to a settlement agreement
81		-	pursuant to Section 122 of the Comprehensive
82		-	Environmental Response, Compensation and Liability Act
83		-	of 1980, as amended (42 U.S.C. 9601 et seq.);
84		-	(E) (blank) sites or facilities undergoing
85		-	remediation pursuant to Section 3008(h) of the
86		-	Resource Conservation and Recovery Act of 1976 (42
87	62
88	63
89		-	U.S.C. 6901 et seq.);
90		-	(F) (blank) sites or facilities undergoing
91		-	remediation pursuant to Section 7003 of the Resource
92		-	Conservation and Recovery Act of 1976 (42 U.S.C. 6901
93		-	et seq.);
94		-	(G) (blank) sites or facilities undergoing
95		-	remediation pursuant to a court or Board order issued
96		-	pursuant to the Illinois Environmental Protection Act
97		-	(415 ILCS 5/1 et seq.) with the approval of the Agency;
98		-	or
99		-	(H) (blank) sites or facilities undergoing
100		-	remediation pursuant to a Compliance Commitment
101		-	Agreement entered into under Section 31 of the
102		-	Environmental Protection Act.
103		-	"Holder" means the grantee of an environmental covenant as
104		-	specified in Section 3(a).
105		-	"Person" means an individual, corporation, business trust,
106		-	estate, trust, partnership, limited liability company,
107		-	association, joint venture, public corporation, government,
108		-	governmental subdivision, agency, or instrumentality, or any
109		-	other legal or commercial entity.
110		-	"Prior interest" means a preceding or senior interest, in
111		-	time or in right, that is recorded with respect to the real
112		-	property, including but not limited to a mortgage, easement,
113		-	or other interest, lien, or encumbrance predating the
114		-	recording of an environmental covenant.
	64	+
	65	+	HB2278 Enrolled - 2 - LRB103 25655 LNS 52004 b
115	66
116	67
117		-	"Record", used as a noun, means information that is
118		-	inscribed on a tangible medium or that is stored in an
119		-	electronic or other medium and is retrievable in perceivable
120		-	form.
121		-	"State" means a state of the United States, the District
122		-	of Columbia, Puerto Rico, the United States Virgin Islands, or
123		-	any territory or insular possession subject to the
124		-	jurisdiction of the United States.
125		-	(Source: P.A. 99-396, eff. 8-18-15.)
	68	+	HB2278 Enrolled- 3 -LRB103 25655 LNS 52004 b HB2278 Enrolled - 3 - LRB103 25655 LNS 52004 b
	69	+	HB2278 Enrolled - 3 - LRB103 25655 LNS 52004 b
	70	+	1 of 1980, as amended (42 U.S.C. 9601 et seq.);
	71	+	2 (B) incident to the closure of a solid or
	72	+	3 hazardous waste management unit, if the closure is
	73	+	4 conducted with the approval of an agency sites or
	74	+	5 facilities undergoing remediation pursuant to an
	75	+	6 administrative order issued pursuant to Section 106 of
	76	+	7 the Comprehensive Environmental Response, Compensation
	77	+	8 and Liability Act of 1980, as amended (42 U.S.C. 9601
	78	+	9 et seq.);
	79	+	10 (C) under a State voluntary clean-up program
	80	+	11 authorized under the Environmental Protection Act or
	81	+	12 any rule adopted thereunder sites or facilities that
	82	+	13 are or were formerly owned or operated by a
	83	+	14 department, agency, or instrumentality of the United
	84	+	15 States that are undergoing remediation pursuant to
	85	+	16 Section 120 of the Comprehensive Environmental
	86	+	17 Response, Compensation and Liability Act of 1980, as
	87	+	18 amended (42 U.S.C. 9601 et seq.);
	88	+	19 (D) (blank) sites or facilities undergoing
	89	+	20 remediation pursuant to a settlement agreement
	90	+	21 pursuant to Section 122 of the Comprehensive
	91	+	22 Environmental Response, Compensation and Liability Act
	92	+	23 of 1980, as amended (42 U.S.C. 9601 et seq.);
	93	+	24 (E) (blank) sites or facilities undergoing
	94	+	25 remediation pursuant to Section 3008(h) of the
	95	+	26 Resource Conservation and Recovery Act of 1976 (42
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	HB2278 Enrolled - 3 - LRB103 25655 LNS 52004 b
	102	+
	103	+
	104	+	HB2278 Enrolled- 4 -LRB103 25655 LNS 52004 b HB2278 Enrolled - 4 - LRB103 25655 LNS 52004 b
	105	+	HB2278 Enrolled - 4 - LRB103 25655 LNS 52004 b
	106	+	1 U.S.C. 6901 et seq.);
	107	+	2 (F) (blank) sites or facilities undergoing
	108	+	3 remediation pursuant to Section 7003 of the Resource
	109	+	4 Conservation and Recovery Act of 1976 (42 U.S.C. 6901
	110	+	5 et seq.);
	111	+	6 (G) (blank) sites or facilities undergoing
	112	+	7 remediation pursuant to a court or Board order issued
	113	+	8 pursuant to the Illinois Environmental Protection Act
	114	+	9 (415 ILCS 5/1 et seq.) with the approval of the Agency;
	115	+	10 or
	116	+	11 (H) (blank) sites or facilities undergoing
	117	+	12 remediation pursuant to a Compliance Commitment
	118	+	13 Agreement entered into under Section 31 of the
	119	+	14 Environmental Protection Act.
	120	+	15 "Holder" means the grantee of an environmental covenant as
	121	+	16 specified in Section 3(a).
	122	+	17 "Person" means an individual, corporation, business trust,
	123	+	18 estate, trust, partnership, limited liability company,
	124	+	19 association, joint venture, public corporation, government,
	125	+	20 governmental subdivision, agency, or instrumentality, or any
	126	+	21 other legal or commercial entity.
	127	+	22 "Prior interest" means a preceding or senior interest, in
	128	+	23 time or in right, that is recorded with respect to the real
	129	+	24 property, including but not limited to a mortgage, easement,
	130	+	25 or other interest, lien, or encumbrance predating the
	131	+	26 recording of an environmental covenant.
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB2278 Enrolled - 4 - LRB103 25655 LNS 52004 b
	138	+
	139	+
	140	+	HB2278 Enrolled- 5 -LRB103 25655 LNS 52004 b HB2278 Enrolled - 5 - LRB103 25655 LNS 52004 b
	141	+	HB2278 Enrolled - 5 - LRB103 25655 LNS 52004 b
	142	+	1 "Record", used as a noun, means information that is
	143	+	2 inscribed on a tangible medium or that is stored in an
	144	+	3 electronic or other medium and is retrievable in perceivable
	145	+	4 form.
	146	+	5 "State" means a state of the United States, the District
	147	+	6 of Columbia, Puerto Rico, the United States Virgin Islands, or
	148	+	7 any territory or insular possession subject to the
	149	+	8 jurisdiction of the United States.
	150	+	9 (Source: P.A. 99-396, eff. 8-18-15.)
	151	+
	152	+
	153	+
	154	+
	155	+
	156	+	HB2278 Enrolled - 5 - LRB103 25655 LNS 52004 b