|S.F. No. 1051 - Uniform Environmental Covenants Act|
|Author:||Senator Mee Moua|
|Prepared by:||Kathleen Pontius, Senate Counsel (651/296-4394)|
|Date:||March 20, 2007|
This bill enacts the Uniform Environmental Covenants Act. The prefatory note to the Act prepared by the Uniform Laws Commissioners is attached.
Section 1 contains the citation.
Section 2 contains the definitions.
Section 3 specifies the nature of rights; role of the environmental agency, and subordination of interests. The interest of a holder of an environmental covenant would be an interest in real property. Unless an environmental agency is a holder, any right of the agency would not be an interest in real property. Other provisions are included with respect to the rights and responsibilities of the environmental agency. Rules applicable to interests in real property in existence at the time a covenant is created or amended are specified.
Section 4 contains the required and permissive contents of an environmental covenant.
Section 5 contains rules with respect to the validity of an environmental covenant and its effect on other instruments.
Section 6 addresses the relationship to other land-use laws.
Section 7 contains notice requirements applicable to an environmental covenant and persons to whom a copy of the covenant must be given. Failure to provide notice would not affect the validity of a covenant.
Section 8 contains recording requirements.
Section 9 address the duration of an environmental covenant and amendment by administrative or court action. An environmental covenant would be perpetual, subject to specified limitations.
Section 10 deals with the amendment or termination of an environmental covenant by consent.
Section 11 contains enforcement provisions.
Section 12 contains the standard uniformity of application and construction language for uniform acts.
Section 13 addresses the relationship of the act to electronic signatures and the Global and National Commerce Act.
Section 14 amends the statute under which the Attorney General may recover certain costs of litigation to add a cross-reference to the new environmental covenants law.
Section 15 amends the statute dealing with the acquisition of property under the Environmental Response and Liability Act to include a reference to environmental covenants and makes other conforming changes.
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Last review or update: 03/20/2007
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