An Act To Adopt the Uniform Environmental Covenants Act
Maine Legislature, Session 122, LD 1559
Committee Amendment CA_A_S328 (Senate)

COMMITTEE AMENDMENT ,A, to S.P. 543, L.D. 1559, Bill, 
Act To Adopt the Uniform Environmental Covenants Act" 
"An 
Amend the bill in section I in that part designated "§3002." 
by striking out all of subsection 4 and inserting in its place 
the following: 
'4. 
Environmental 
covenant: 
covenant. 
"Enyironmental 
covenant" 
or 
"covenant" 
means 
a 
servitude 
arising under 
an 
environmental response project and documented in a 
recordable 
instrument 
that 
imposes 
activity 
and 
use 
limitations. 
"Environmental covenant" does not include a municipal ordinance, 
a voluntary or other remedial action plan or a condition added 
thereto 
or 
an 
administrati ve 
or 
judicial 
order, 
whether 
unilateral 
or 
by 
consent, 
that 
may 
impose 
activity or 
use 
I imi tations. ' 
Further amend the bill in section I in that part designated 
"§3002." in subsection 5 in paragraph A in the last line (page 1, 
line 48 in L.D.) by inserting after the following: 
"13-B" the 
following: 
or the voluntary response action program under 
Title 38, section 343-E' 
Further amend the bill in section 1 in that part designated 
"§3003." in subsection 1 by inserting at the end the following: 
'Notwithstanding section 568, 
subsection 5-A and section 1364, 
subsection 7 or any other provision of law, the department may be 
a holder of an environmental covenant and approval of the board 
is not required.' 
Page I-LR2059(2) 
COMMITTEE AMENDMENT 
~ .. ,. 
COMMITTEE AMENDMENT ,A, to S.P. 543, L.D. 1559 
Further amend the bill in section 1 in that part designated 
"§3003." by striking out all of subsection 4 and inserting in its 
place the following: 
'4. 
Priority of 
recorded interests. 
The 
priority 
of 
recorded 
interests is governed 
by other 
law, 
including 
law 
relating to the police powers of the State and public policies 
protecting health and the environment, and is unaffected by this 
Act, except as provided in section 3009, subsection 3 for tax 
liens. ' 
Further amend the bill in section 1 in that part designated 
"§3004." in subsection 1 in paragraph E in the last line (page 3, 
line 29 in L.D.) by inserting after the following: 
"covenant" 
the following: 
" 
except that the agency may not waive signature 
by an owner of the fee simple who is the current occupant of the 
real estate, if any' 
Further amend the bill in section 1 in that part designated 
"§3009." 
in subsection 
by 
striking out all of 
the 
last 
underlined sentence (page 7, lines 4 to 6 in L.D.) 
Further amend the bill in section 1 in that part designated 
"§3010." in subsection 1 by striking out all of paragraph D and 
inserting in its place the following: 
'D. 
The holder. unless the holder waived in a signed record 
the right to consent or except as otherwise provided in 
subsection 4. paragraph B. ' 
Further amend the bill in section 1 by striking out all of 
that part designated "§3012." 
Further amend the bill in section 1 
by renumbering any 
nonconsecutive sections to read consecutively. 
Further amend the bill by inserting after section 1 the 
following: 
, Sec. 
2. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
ENVIRONMENTAL PROTECTIOH, DEPAR'1MENT OF' 
Remediation and Waste Manaqement 
0247 
The 
following 
Initiative: 
covenants. 
Provides 
for costs associated with environmental 
COMMITTEE AMENDMENT 
, .. ,b. 
~ 
COMMITTEE AMENDMENT ,A, to S.P. 543, L.D. 1559 
OTHER SPECIAL REVENUE FORDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2005-06 
$0 
$0 
This amendment makes the following changes. 
2006-07 
$30,000 
$30,000' 
1. 
It refines the definition of "environmental covenant" to 
include 
the 
element that it is 
documented 
in 
a 
recordable 
instrument. 
It also specifies that an "environmental covenant" 
does not include a municipal ordinance, 
a voluntary or other 
remedial action plan or an administrative or judicial order that 
may impose activity or use limitations. 
2. 
It revises the definition of 
project" to 
include remediations 
under 
response action program. 
"environmental 
the State's 
response 
voluntary 
3. 
It clarifies 
that 
the 
Department 
of 
Environmental 
Protection may be a holder of an environmental covenant without 
approval of the Board of Environmental Protection. 
4. 
It amends the language stating that the priority of 
recorded interest is determined 
by other 
law to correct 
a 
typographical error and to specifically mention that the other 
law that governs includes law relating to the police powers of 
the 
State 
and 
public 
policies 
protecting 
health 
and 
the 
environment. 
5. 
It eliminates a reference to the Maine Administrative 
Procedure Act's review process concerning an agency determination 
of whether the benefits under the covenant can no longer be 
realized. 
6. 
It prohibits the agency from waiving the requirement of 
the signature on the covenant by an owner of the fee simple if 
the owner is the current occupant of the real estate that is the 
subject of the covenant. 
7. 
It 
allows 
amendment 
of 
the 
environmental 
covenant 
without the holder's consent if the holder has already waived the 
right to consent to an amendment in a signed record. 
8. 
It deletes the section that required the 
Environmental Protection to maintain 
a list of 
covenants and specified a 
process for ensuring 
record keeping. 
It also renumbers 
the sections 
appropriation. 
FISCAL NOTE REQ"ClRED 
(See attached) 
Department of 
environmental 
recording and 
and adds 
an 
COMMITTEE AMENDMENT 
Approved: 05/24/05 ~ae 
LD 1559 
LR2059(02) 
An Act To Adopt the Uniform Environmental Covenants Act 
Fiscal Note for Bill as Amended by Committee Amendment "A 
Committee: Judiciary 
Appropriations/Allocations 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
$0 
This bill may increase the number of civil suits filed in the court system. 
2006-07 
$30,000 
Projections 
2007-08 
$30,000 
The collection of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
2008-09 
$30,000 
This bill includes an Other Special Revenue Funds allocation to the Department of Environmental Protection of 
$30,000 annually beginning in fiscal year 2006-07 for costs associated with environmental covenants. 
LR2059(2) - Fiscal Note - Page 1 of 1