Sen. A. J. Wilhelmi
Filed: 4/1/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2110 




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    AMENDMENT NO. ______. Amend Senate Bill 2110 on page 2, 
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immediately below line 19, by inserting the following:



  
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    "(8) "Prior interest" means a preceding or senior interest, 
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in time or in right, that is recorded with respect to the real 
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property, including but not limited to a mortgage, easement, or 
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other interest, lien, or encumbrance predating the recording of 
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an environmental covenant."; and

 
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on page 2, line 20, by changing "(8)" to "(9)"; and


 
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on page 2, line 24, by changing "(9)" to "(10)"; and
 
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on page 3, immediately below line 2, by inserting the 
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following:


 
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    "(a) An owner or owners of real property may voluntarily 
 


 






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enter into an environmental covenant, as a grantor of an 
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interest in the real property, with an agency and, if 
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appropriate, one or more holders.  No owner, agency, or other 
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person shall be required to enter into an environmental 
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covenant as part of an environmental response project; 
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provided, however, that (i) failure to enter into an 
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environmental covenant may result in disapproval of the 
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environmental response project; and (ii) once the owner, 
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agency, or other person assumes obligations in an environmental 
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covenant they must comply with those obligations of the 
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environmental covenant in accordance with this Act."; and

 
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on page 3, line 3, by changing "(a)" to "(b)"; and
 
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on page 3, line 8, by changing "(b)" to "(c)"; and
 
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on page 3, line 11, by changing "(c)" to "(d)"; and
 
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on page 3, line 19, by changing "(d)" to "(e)"; and
 
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on page 4, immediately below line 15, by inserting the 
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following:
 
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    "(f) Subject to Section 9(a)(5) of this Act, environmental 
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covenants established under this Act shall be subject to 
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eminent domain or condemnation proceedings by any agency of the 
 


 






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State having a general grant of authority to acquire property 
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by the exercise of the right of eminent domain under the laws 
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of this State.".