HB390 Alabama 2023 Session

Summary

Primary Sponsor

Kyle South

Republican

Session

Regular Session 2023

Title

Relating to environmental covenants; to amend Section 35-19-2, Code of Alabama 1975, to provide that work regarding aboveground storage tanks registered for eligibility under the Alabama Underground and Aboveground Storage Tank Trust Fund does not constitute an environmental response project for environmental covenant purposes.

Summary

HB390 adds an exemption to environmental covenants so work on eligible aboveground storage tanks is not treated as an environmental response project.

What This Bill Does

The bill amends Section 35-19-2 to say that work on aboveground storage tanks registered for eligibility under the Alabama Underground and Aboveground Storage Tank Trust Fund is not an environmental response project for covenant purposes. As a result, such work would not trigger activity-and-use restrictions that usually come with environmental covenants. The change clarifies how covenants apply to properties with eligible aboveground storage tanks.

Who It Affects

• Property owners or entities with environmental covenants on properties containing aboveground storage tanks registered for eligibility under the Trust Fund, who would see fewer covenant-related restrictions from related work.
• Owners or operators of aboveground storage tanks that are eligible for the Trust Fund, whose related work would be exempt from being classified as an environmental response project for covenant purposes.

Key Provisions

• Adds an exemption stating that work regarding aboveground storage tanks registered for eligibility under the Alabama Underground and Aboveground Storage Tank Trust Fund is not an environmental response project for environmental covenant purposes.
• This change modifies Section 35-19-2 to include the aboveground tanks Trust Fund work within the definitions related to environmental covenants.
• Effective date: the act becomes law on the first day of the third month after it passes and is approved by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Environmental covenants, to further provide actions not considered environmental response projects