House Bill 1132

Chair's Name: Wendell Willard

Committee: Judiciary Non-Civil

House Sponsor: Ed Lindsey

Chairman Willard’s opinion of this legislation:

HB 1132 enacts the Uniform Environmental Covenants Act, which allows the owner of a contaminated property to record a restrictive covenant which the Georgia EPD signs off on, which outlines the remediation requirements for the property.  The covenants would allow a property owner to sell contaminated property with more certainty about which party is responsible for future environmental cleanup efforts.  The decision whether to enter into the environmental covenant would be a completely voluntary decision on the part of the property owner; the Act provides a potential tool for owners of contaminated property to use to make their property marketable.  HB 1132 grants standing to abutting landowners to enforce the covenants.  The covenants are voluntary, and provide record notice of clean-up plans.  They do not alter clean-up rules or liability.

This Legislation:

• Reduces the Size of Government and the Tax Burden on our Citizens by providing a voluntary tool for owners of contaminated properties to use to make environmentally contaminated properties to get cleaned up and become marketable again.
• Increases Personal Responsibility by helping owners of contaminated property take responsibility to clean up their properties and make them marketable.

This committee substitute passed the House under the Modified Structured Rule.

Further Action

The Senate made a minor change (page 7, line 24) to clarify who as standing to object to changes in the covenant. It clarifies that a surrounding property owner may object only if he/she is likely to be harmed by the change. The House Sponsor will likely move to agree.