Full Text of HB3819 99th General Assembly
HB3819ham002 99TH GENERAL ASSEMBLY | Rep. Michael W. Tryon Filed: 3/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3819
| 2 | | AMENDMENT NO. ______. Amend House Bill 3819 on page 25, | 3 | | immediately below line 12, by inserting the following:
| 4 | | "Section 10. The Uniform Environmental Covenants Act is | 5 | | amended by changing Sections 2 and 11 as follows: | 6 | | (765 ILCS 122/2)
| 7 | | Sec. 2. Definitions. In this Act: | 8 | | (1) "Activity and use limitations" means restrictions or | 9 | | obligations created under this Act with respect to real | 10 | | property.
| 11 | | (2) "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. |
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| 1 | | (3) "Common interest community" means a condominium, | 2 | | cooperative, or other real property with respect to which a | 3 | | person, by virtue of the person's ownership of a parcel of real | 4 | | property, is obligated to pay property taxes or insurance | 5 | | premiums, or for maintenance, or improvement of other real | 6 | | property described in a recorded covenant that creates the | 7 | | common interest community. | 8 | | (4) "Environmental covenant" means a servitude that (i) | 9 | | arises arising under an environmental response project or under | 10 | | a court or Board order and (ii) that imposes activity and use | 11 | | limitations. | 12 | | (5) "Environmental response project" means a plan or work | 13 | | that is: | 14 | | (1) approved or overseen by an agency; and | 15 | | (2) performed for environmental remediation of any | 16 | | site or facility in response to contamination at any one or | 17 | | more of real property at the following sites or facilities: | 18 | | (A) all sites or facilities that are listed as | 19 | | proposed or final on the National Priorities List | 20 | | pursuant to Section 105 of the Comprehensive | 21 | | Environmental Response, Compensation and Liability Act | 22 | | of 1980, as amended (42 U.S.C. 9601 et seq.); | 23 | | (B) all sites or facilities undergoing remediation | 24 | | pursuant to an administrative order issued pursuant to | 25 | | Section 106 of the Comprehensive Environmental | 26 | | Response, Compensation and Liability Act of 1980, as |
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| 1 | | amended (42 U.S.C. 9601 et seq.); | 2 | | (C) all sites or facilities that are or were | 3 | | formerly owned or operated by a department, agency, or | 4 | | instrumentality of the United States that are | 5 | | undergoing remediation pursuant to Section 120 of the | 6 | | Comprehensive Environmental Response, Compensation and | 7 | | Liability Act of 1980, as amended (42 U.S.C. 9601 et | 8 | | seq.); | 9 | | (D) all sites or facilities undergoing remediation | 10 | | pursuant to a settlement agreement pursuant to Section | 11 | | 122 of the Comprehensive Environmental Response, | 12 | | Compensation and Liability Act of 1980, as amended (42 | 13 | | U.S.C. 9601 et seq.); | 14 | | (E) all sites or facilities undergoing remediation | 15 | | pursuant to Section 3008(h) of the Resource | 16 | | Conservation and Recovery Act of 1976 (42 U.S.C. 6901 | 17 | | et seq.); | 18 | | (F) all sites or facilities undergoing remediation | 19 | | pursuant to Section 7003 of the Resource Conservation | 20 | | and Recovery Act of 1976 (42 U.S.C. 6901 et seq.); or | 21 | | (G) all sites or facilities undergoing remediation | 22 | | pursuant to a court or Board board order issued | 23 | | pursuant to the Illinois Environmental Protection Act | 24 | | (415 ILCS 5/1 et seq.) with the approval of the Agency ; | 25 | | or . | 26 | | (H) sites or facilities undergoing remediation |
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| 1 | | pursuant to a Compliance Commitment Agreement entered | 2 | | into under Section 31 of the Environmental Protection | 3 | | Act. | 4 | | (6) "Holder" means the grantee of an environmental covenant | 5 | | as specified in Section 3(a). | 6 | | (7) "Person" means an individual, corporation, business | 7 | | trust, estate, trust, partnership, limited liability company, | 8 | | association, joint venture, public corporation, government, | 9 | | governmental subdivision, agency, or instrumentality, or any | 10 | | other legal or commercial entity. | 11 | | (8) "Prior interest" means a preceding or senior interest, | 12 | | in time or in right, that is recorded with respect to the real | 13 | | property, including but not limited to a mortgage, easement, or | 14 | | other interest, lien, or encumbrance predating the recording of | 15 | | an environmental covenant. | 16 | | (9) "Record", used as a noun, means information that is | 17 | | inscribed on a tangible medium or that is stored in an | 18 | | electronic or other medium and is retrievable in perceivable | 19 | | form. | 20 | | (10) "State" means a state of the United States, the | 21 | | District of Columbia, Puerto Rico, the United States Virgin | 22 | | Islands, or any territory or insular possession subject to the | 23 | | jurisdiction of the United States.
| 24 | | (Source: P.A. 95-845, eff. 1-1-09.) | 25 | | (765 ILCS 122/11)
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| 1 | | Sec. 11. Enforcement of environmental covenant. | 2 | | (a) A civil action for injunctive or other equitable relief | 3 | | for violation of an environmental covenant may be maintained | 4 | | by: | 5 | | (1) A party to the covenant. | 6 | | (2) The agency or, if it is not the agency, the | 7 | | Illinois Environmental Protection Agency. | 8 | | (3) Any person to whom the covenant expressly grants | 9 | | power to enforce. | 10 | | (4) A person whose interest in the real property or | 11 | | whose collateral or liability may be affected by the | 12 | | alleged violation of the covenant. | 13 | | (5) A municipality or other unit of local government in | 14 | | which the real property subject to the covenant is located. | 15 | | (6) Any agency that is enforcing the terms of any court | 16 | | or Board order. | 17 | | (b) This Act does not limit the regulatory authority of the | 18 | | agency or the Illinois Environmental Protection Agency under | 19 | | law other than this Act with respect to an environmental | 20 | | response project. | 21 | | (c) A person is not responsible for or subject to liability | 22 | | for environmental remediation solely because it has the right | 23 | | to enforce an environmental covenant.
| 24 | | (Source: P.A. 95-845, eff. 1-1-09.)".
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