Full Text of HB2278 103rd General Assembly
HB2278eng 103RD GENERAL ASSEMBLY |
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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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