SB268 Alabama 2023 Session

Summary

Primary Sponsor

Steve LivingstonSenator

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

SB268 adds work on aboveground storage tanks registered for eligibility under the Alabama Tank Trust Fund to the list of activities that do not count as environmental response projects for environmental covenant purposes.

What This Bill Does

It amends Section 35-19-2 to exclude work related to aboveground storage tanks (registered for Trust Fund eligibility) from being considered environmental response projects for covenant purposes. This means those AST-related projects would not trigger environmental covenant obligations. The change maintains existing exclusions for underground tanks and wellhead protection actions and becomes effective according to the bill's timing provision.

Who It Affects

• Owners or operators of aboveground storage tanks that are registered for eligibility under the Alabama Underground and Aboveground Storage Tank Trust Fund; their related work would not be treated as environmental response projects for covenants.
• Property owners, developers, or other parties subject to environmental covenants who might otherwise see covenant-related obligations tied to environmental response projects; the exclusion could reduce covenant triggers for AST-related work.

Key Provisions

• Excludes work on aboveground storage tanks registered for eligibility under the Alabama Underground and Aboveground Storage Tank Trust Fund from being considered environmental response projects for environmental covenant purposes.
• Incorporates this exclusion into Section 35-19-2 (Environmental Covenant definitions and related terms).
• Effective date: the act becomes law on the first day of the third month following its passage and the Governor's approval.

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 define Environmental Response Projects