April 18, 2008
Published by the Uniform Law Commission

UECA Enacted In Mississippi, Moves In Other States

   On March 31, 2008, Mississippi Governor Haley Barbour signed SB 2382, sponsored by Senator T.O. Moffatt, making Mississippi the 22nd state to enact UECA. Despite shorter sessions and several states not holding session, 2008 has been a busy year for UECA elsewhere in the states. In Georgia, legislation sponsored by Representative Edward Lindsey to enact UECA has been sent to the Governor’s desk, and in Illinois, a UECA bill sponsored by Senator A.J. Wilhelmi passed the state Senate on April 16, 2008. UECA legislation has also passed the state Senate in New York, and been reported from first-chamber committee in Rhode Island.

Save the Date!!
UECA Coming To Brownfields 2008 Conference!

   With nearly half of the states having enacted the act, ULC has assembled a panel for this year’s Brownfields 2008 conference to discuss UECA and the states' common and not-so-common experiences in both enacting and in implementing the act. The panel will feature state regulators, private sector and environmental participants, and ULC commissioners involved with the UECA project. The discussion will also focus on next steps, and a new study project to add notice of hazardous materials to state one-call systems that is on the horizon for ULC. The panel will be held:

Tuesday, May 6, 2008
1:00 PM – 4:00 PM
Brownfields 2008 Conference
Detroit, MI

What is UECA?

   The Uniform Environmental Covenants Act – UECA – is a uniform law that was approved by the Uniform Law Commission (also known as National Conference of Commissioners on Uniform State Laws) in 2003. UECA establishes requirements for a new valid real estate document – an “environmental covenant” – to control the future use of brownfields when real estate is transferred from one person to another. [Read More]

The Facts...

2008 LEGISLATIVE PROGRESS

Georgia:
Introduced as HB 1132 in 2007-08 - To the Governor

Illinois:
Introduced as SB 2110 in 2007-08 - Passed Senate

Michigan:
Introduced as SB 201 in 2007-08 - Senate Natural Resources

Mississippi:
Introduced as SB2382/HB772 in 2007-08 - ENACTED

New Hampshire:
Introduced as HB 1401 in 2007-08 - House Environment

New York:
Introduced as SB 5953 in 2007-08 - Passed Senate

Pennsylvania:
Introduced as HB 43 in 2007-08 - ENACTED

Rhode Island:
Introduced as HB 7338 in 2007-08 - House Floor

Vermont:
Introduced as SB 184 in 2007-08 - Senate Natural Resources

ENACTMENTS

The following states have enacted UECA:
Alabama, Delaware, District of Columbia, Hawaii, Idaho, Iowa, Kentucky, Maine, Maryland, Minnesota, Missouri, Nebraska, Nevada, Ohio, Oklahoma, South Dakota, Utah, U.S. Virgin Islands, Washington, and West Virginia.

Information Kit
To order a free information kit on UECA, click here

Press Release
To view the latest press release on UECA, click here

Key Points About UECA

UECA will help ensure that land use controls needed in connection with an environmental cleanup will be reliable and enforceable for as long as they are needed to protect people living and working on or near these sites. [Read More]

For Further Information...

Michael Kerr, ULC Legislative Director • 312-450-6620 • michael.kerr@nccusl.org
Kieran Marion, ULC Legislative Counsel • 312-450-6621 • kieran.marion@nccusl.org
Katie Robinson, ULC Communications Officer • 312-450-6616 • katie.robinson@nccusl.org

Websites
www.nccusl.org
www.environmentalcovenants.org
www.lucs.org/ueca

What is the Uniform Law Commission?

The Uniform Law Commission (also known as National Conference of Commissioners on Uniform State Laws), now in its 116th year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of the law. The ULC ’s work supports the federal system and facilitates the movement of individuals and the business of organizations with rules that are consistent from state to state.

The organization comprises more than 300 lawyers, judges and law professors, appointed by the states as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical. Uniform Law Commissioners must be lawyers, qualified to practice law. Since its inception in 1892, the group has promulgated more than 200 acts, among them such bulwarks of state statutory law as the Uniform Commercial Code, the Uniform Probate Code, and the Uniform Partnership Act.