Bill Status of SB 2110   95th General Assembly

Short Description:  UNIFORM ENVIRONMENTAL COVENANT

Senate Sponsors
Sen. A. J. Wilhelmi and Martin A. Sandoval

House Sponsors
(Rep. Careen M Gordon and Elaine Nekritz)


Last Action  View All Actions

DateChamber Action
  8/15/2008SenatePublic Act . . . . . . . . . 95-0845

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Uniform Environmental Covenants Act, proposed by the National Conference of Commissioners on Uniform State Laws. Creates an interest in real estate called an "environmental covenant" that assures a plan of rehabilitation for contaminated real property (brownfields) and controls the use of the property. An environmental covenant may be separately conveyed to and enforced by a relevant third person called a holder. An underlying plan between State or federal government and landowner for "remediation" of the property must be in place for an environmental covenant to be created and conveyed. The ultimate objective of this Act is to allow contaminated property to be returned to those uses consistent with prescribed clean-up, essentially making them marketable. The Act provides for the creation of such a covenant, its termination when appropriate, priority over other real estate interests, and enforcement over the time the covenant is in place. An environmental covenant is perpetual unless a specific term is prescribed in the instrument creating it. The interest will be recorded in the real estate records.

Senate Committee Amendment No. 1
In the definition of "environmental response project", provides that it means a plan or work performed for environmental remediation of real property at sites or facilities: that are listed as proposed or final on the National Priorities List pursuant to specified federal law; that are undergoing remediation pursuant to an administrative order issued pursuant to specified federal law; that are owned or operated by a department, agency, or instrumentality of the United States that are undergoing remediation pursuant to specified federal law; that are undergoing remediation pursuant to a settlement agreement pursuant to specified federal law; that are undergoing remediation pursuant to certain other federal law; or that are undergoing remediation pursuant to a court or board order issued pursuant to the Illinois Environmental Protection Act with the approval of the Agency. Provides that the Act does not invalidate or render unenforceable any interest that is otherwise compliant with 35 Ill. Adm. Code 742, Subpart J.

Senate Floor Amendment No. 3
Deletes everything after the enacting clause. Reinserts the substantive provisions of the bill as amended by Senate Amendments 1 and 2. Makes technical corrections. Provides that no environmental covenant established under the Act shall be terminated or modified unless certain conditions are met.

Actions 
DateChamber Action
  2/14/2008SenateFiled with Secretary by Sen. A. J. Wilhelmi
  2/14/2008SenateFirst Reading
  2/14/2008SenateReferred to Rules
  3/5/2008SenateAssigned to Environment and Energy
  3/11/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  3/11/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  3/11/2008SenateSenate Committee Amendment No. 1 Rules Refers to Environment and Energy
  3/12/2008SenateSenate Committee Amendment No. 1 Adopted
  3/12/2008SenateDo Pass as Amended Environment and Energy; 008-000-000
  3/12/2008SenatePlaced on Calendar Order of 2nd Reading March 13, 2008
  3/13/2008SenateSecond Reading
  3/13/2008SenatePlaced on Calendar Order of 3rd Reading April 1, 2008
  4/1/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. A. J. Wilhelmi
  4/1/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/2/2008SenateSenate Floor Amendment No. 2 Rules Refers to Environment and Energy
  4/3/2008SenateSenate Floor Amendment No. 2 Held in Environment and Energy
  4/7/2008SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. A. J. Wilhelmi
  4/7/2008SenateSenate Floor Amendment No. 3 Referred to Rules
  4/9/2008SenateSenate Floor Amendment No. 3 Rules Refers to Environment and Energy
  4/10/2008SenateSenate Floor Amendment No. 3 Recommend Do Adopt Environment and Energy; 009-000-000
  4/16/2008SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  4/16/2008SenateRecalled to Second Reading
  4/16/2008SenateSenate Floor Amendment No. 3 Adopted; Wilhelmi
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading
  4/16/2008SenateThird Reading - Passed; 057-000-000
  4/16/2008SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/17/2008HouseArrived in House
  4/17/2008HousePlaced on Calendar Order of First Reading
  4/17/2008HouseChief House Sponsor Rep. Careen M Gordon
  4/24/2008HouseFirst Reading
  4/24/2008HouseReferred to Rules Committee
  4/30/2008HouseAssigned to Environment & Energy Committee
  5/8/2008HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008
  5/13/2008HouseDo Pass / Short Debate Environment & Energy Committee; 023-000-000
  5/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2008HouseSecond Reading - Short Debate
  5/19/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/20/2008HouseThird Reading - Short Debate - Passed 111-000-000
  5/20/2008SenatePassed Both Houses
  6/18/2008SenateSent to the Governor
  8/15/2008SenateGovernor Approved
  8/15/2008SenateEffective Date January 1, 2009
  8/15/2008SenatePublic Act . . . . . . . . . 95-0845

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