Illinois General Assembly - Full Text of SB3844
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Full Text of SB3844  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/21/2022, by Sen. Adriane Johnson


765 ILCS 122/2

    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".

LRB102 23424 LNS 32593 b





SB3844LRB102 23424 LNS 32593 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Uniform Environmental Covenants Act is
5amended by changing Section 2 as follows:
6    (765 ILCS 122/2)
7    Sec. 2. Definitions. In this Act:
8    "Activity and use limitations" means restrictions or
9obligations created under this Act with respect to real
11    "Agency" means the Illinois Environmental Protection
12Agency or any other State or federal agency that determines or
13approves the environmental response project pursuant to which
14the environmental covenant is created.
15    "Board" means the Pollution Control Board established by
16the Environmental Protection Act.
17    "Common interest community" means a condominium,
18cooperative, or other real property with respect to which a
19person, by virtue of the person's ownership of a parcel of real
20property, is obligated to pay property taxes or insurance
21premiums, or for maintenance, or improvement of other real
22property described in a recorded covenant that creates the
23common interest community.



SB3844- 2 -LRB102 23424 LNS 32593 b

1    "Environmental covenant" means a servitude that (i) arises
2under an environmental response project or under a court or
3Board order and (ii) imposes activity and use limitations.
4    "Environmental response project" means a plan or work that
6        (1) approved or overseen by an agency; and
7        (2) performed or conducted to clean up, remediate,
8    eliminate, investigate, minimize, mitigate, or prevent the
9    release or threatened release of contaminants affecting
10    real property in order to protect public health or welfare
11    or the environment, including, but not limited to for
12    environmental remediation of any site or facility in
13    response to contamination at any one or more of the
14    following sites or facilities:
15            (A) under a federal or State program governing
16        environmental remediation of real property, including,
17        but not limited to, programs under the Comprehensive
18        Environmental Response, Compensation and Liability Act
19        of 1980, as amended (42 U.S.C. 9601 et seq.), the
20        Resource Conservation and Recovery Act of 1976, as
21        amended (42 U.S.C. 6901 et seq.), the Environmental
22        Protection Act, or any rule or regulation adopted
23        thereunder sites or facilities that are listed as
24        proposed or final on the National Priorities List
25        pursuant to Section 105 of the Comprehensive
26        Environmental Response, Compensation and Liability Act



SB3844- 3 -LRB102 23424 LNS 32593 b

1        of 1980, as amended (42 U.S.C. 9601 et seq.);
2            (B) incident to the closure of a solid or
3        hazardous waste management unit, if the closure is
4        conducted with the approval of an agency sites or
5        facilities undergoing remediation pursuant to an
6        administrative order issued pursuant to Section 106 of
7        the Comprehensive Environmental Response, Compensation
8        and Liability Act of 1980, as amended (42 U.S.C. 9601
9        et seq.);
10            (C) under a State voluntary clean-up program
11        authorized under the Environmental Protection Act or
12        any rule adopted thereunder sites or facilities that
13        are or were formerly owned or operated by a
14        department, agency, or instrumentality of the United
15        States that are undergoing remediation pursuant to
16        Section 120 of the Comprehensive Environmental
17        Response, Compensation and Liability Act of 1980, as
18        amended (42 U.S.C. 9601 et seq.);
19            (D) (blank) sites or facilities undergoing
20        remediation pursuant to a settlement agreement
21        pursuant to Section 122 of the Comprehensive
22        Environmental Response, Compensation and Liability Act
23        of 1980, as amended (42 U.S.C. 9601 et seq.);
24            (E) (blank) sites or facilities undergoing
25        remediation pursuant to Section 3008(h) of the
26        Resource Conservation and Recovery Act of 1976 (42



SB3844- 4 -LRB102 23424 LNS 32593 b

1        U.S.C. 6901 et seq.);
2            (F) (blank) sites or facilities undergoing
3        remediation pursuant to Section 7003 of the Resource
4        Conservation and Recovery Act of 1976 (42 U.S.C. 6901
5        et seq.);
6            (G) (blank) sites or facilities undergoing
7        remediation pursuant to a court or Board order issued
8        pursuant to the Illinois Environmental Protection Act
9        (415 ILCS 5/1 et seq.) with the approval of the Agency;
10        or
11            (H) (blank) sites or facilities undergoing
12        remediation pursuant to a Compliance Commitment
13        Agreement entered into under Section 31 of the
14        Environmental Protection Act.
15    "Holder" means the grantee of an environmental covenant as
16specified in Section 3(a).
17    "Person" means an individual, corporation, business trust,
18estate, trust, partnership, limited liability company,
19association, joint venture, public corporation, government,
20governmental subdivision, agency, or instrumentality, or any
21other legal or commercial entity.
22    "Prior interest" means a preceding or senior interest, in
23time or in right, that is recorded with respect to the real
24property, including but not limited to a mortgage, easement,
25or other interest, lien, or encumbrance predating the
26recording of an environmental covenant.



SB3844- 5 -LRB102 23424 LNS 32593 b

1    "Record", used as a noun, means information that is
2inscribed on a tangible medium or that is stored in an
3electronic or other medium and is retrievable in perceivable
5    "State" means a state of the United States, the District
6of Columbia, Puerto Rico, the United States Virgin Islands, or
7any territory or insular possession subject to the
8jurisdiction of the United States.
9(Source: P.A. 99-396, eff. 8-18-15.)