Sec. 1. 38 MRSA c. 31 is enacted to read:

CHAPTER 31

UNIFORM ENVIRONMENTAL COVENANTS ACT

§3001.__Short title

This chapter may be known and cited as the Uniform Environmental Covenants Act.

§3002.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Activity and use limitations.__"Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.

2.__Agency.__"Agency" means the department or any legal successor or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.

3.__Common interest community.__"Common interest community" means a condominium, cooperative or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums or for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.

4.__Environmental covenant; covenant.__"Environmental covenant" or "covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.

5.__Environmental response project.__"Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:

A.__Under a federal or state program governing environmental remediation of real property, including, but not limited to, remediation under the laws governing uncontrolled hazardous substance sites, pursuant to chapter 13-B; or