Bill Text: IL HB5170 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Uniform Environmental Covenants Act. Removes language providing that "environmental response project" includes a plan or work that is performed for environmental remediation of any site or facility in response to contamination at specified sites or facilities. Provides instead that "environmental response project" includes a plan or work that is 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. Removes the definition of "State".

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2022-03-04 - Referred to Assignments [HB5170 Detail]

Download: Illinois-2021-HB5170-Engrossed.html

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HB5170 Engrossed LRB102 25363 LNS 34643 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.

HB5170 Engrossed - 2 - LRB102 25363 LNS 34643 b
"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

HB5170 Engrossed - 3 - LRB102 25363 LNS 34643 b
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

HB5170 Engrossed - 4 - LRB102 25363 LNS 34643 b
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.

HB5170 Engrossed - 5 - LRB102 25363 LNS 34643 b
"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.)