Public Act 103-0028
 
HB2278 EnrolledLRB103 25655 LNS 52004 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Uniform Environmental Covenants Act is 
amended  by changing Section 2 as follows:
 
    (765 ILCS 122/2)

    Sec. 2. Definitions. In this Act:
    "Activity and use limitations" means restrictions or 
obligations created under this Act with respect to real 
property.


    "Agency" means the Illinois Environmental Protection 
Agency or any other State or federal agency that determines or 
approves the environmental response project pursuant to which 
the environmental covenant is created.
    "Board" means the Pollution Control Board established by 
the Environmental Protection Act. 
    "Common interest community" means a condominium, 
cooperative, or other real property with respect to which a 
person, by virtue of the person's ownership of a parcel of real 
property, is obligated to pay  property taxes or insurance 
premiums, or for maintenance, or improvement of other real 
property described in a recorded covenant that creates the 
common interest community.
    "Environmental covenant" means a servitude that (i) arises 
under an environmental response project or under a court or 
Board order and (ii) imposes activity and use limitations.
    "Environmental response project" means a plan or work that 
is:
        (1) approved or overseen by an agency; and
        (2) performed or conducted to clean up, remediate, 
    eliminate, investigate, minimize, mitigate, or prevent the 
    release or threatened release of contaminants affecting 
    real property in order to protect public health or welfare 
    or the environment, including, but not limited to for 
    environmental remediation of any site or facility in 
    response to contamination at any one or more of the 
    following sites or facilities:
            (A) under a federal or State program governing 
        environmental remediation of real property, including, 
        but not limited to, programs under the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980, as amended (42 U.S.C. 9601 et seq.), the 
        Resource Conservation and Recovery Act of 1976, as 
        amended (42 U.S.C. 6901 et seq.), the Environmental 
        Protection Act, or any rule or regulation adopted 
        thereunder sites or facilities that are listed as 
        proposed or final on the National Priorities List 
        pursuant to Section 105 of the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980, as amended (42 U.S.C. 9601 et seq.);
            (B) incident to the closure of a solid or 
        hazardous waste management unit, if the closure is 
        conducted with the approval of an agency sites or 
        facilities undergoing remediation pursuant to an 
        administrative order issued pursuant to Section 106 of 
        the Comprehensive Environmental Response, Compensation 
        and Liability Act of 1980, as amended (42 U.S.C. 9601 
        et seq.);
            (C) under a State voluntary clean-up program 
        authorized under the Environmental Protection Act or 
        any rule adopted thereunder sites or facilities that 
        are or were formerly owned or operated by a 
        department, agency, or instrumentality of the United 
        States that are undergoing remediation pursuant to 
        Section 120 of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980, as 
        amended (42 U.S.C. 9601 et seq.);
            (D) (blank) sites or facilities undergoing 
        remediation pursuant to a settlement agreement 
        pursuant to Section 122 of the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980, as amended (42 U.S.C. 9601 et seq.);
            (E) (blank) sites or facilities undergoing 
        remediation pursuant to Section 3008(h) of the 
        Resource Conservation and Recovery Act of 1976 (42 
        U.S.C. 6901 et seq.);
            (F) (blank) sites or facilities undergoing 
        remediation pursuant to Section 7003 of the Resource 
        Conservation and Recovery Act of 1976 (42 U.S.C. 6901 
        et seq.);
            (G) (blank) sites or facilities undergoing 
        remediation pursuant to a court or Board order issued 
        pursuant to the Illinois Environmental Protection Act 
        (415 ILCS 5/1 et seq.) with the approval of the Agency; 
        or
            (H) (blank) sites or facilities undergoing 
        remediation pursuant to a Compliance Commitment 
        Agreement entered into under Section 31 of the 
        Environmental Protection Act. 
    "Holder" means the grantee of an environmental covenant as 
specified in Section 3(a).
    "Person" means an individual, corporation, business trust, 
estate, trust, partnership, limited liability company, 
association, joint venture, public corporation, government, 
governmental subdivision, agency, or instrumentality, or any 
other legal or commercial entity.
    "Prior interest" means a preceding or senior interest, in 
time or in right, that is recorded with respect to the real 
property, including but not limited to a mortgage, easement, 
or other interest, lien, or encumbrance predating the 
recording of an environmental covenant.
    "Record", used as a noun, means information that is 
inscribed on a tangible medium or that is stored in an 
electronic or other medium and is retrievable in perceivable 
form.
    "State" means a state of the United States, the District 
of Columbia, Puerto Rico, the United States Virgin Islands, or 
any territory or insular possession subject to the 
jurisdiction of the United States.

(Source: P.A. 99-396, eff. 8-18-15.)
  


Effective Date:  1/1/2024