senate Bill S6851

Prohibits non-disclosure clauses in leases of real property to be used for hydraulic fracturing

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Mar / 2014
    • REFERRED TO JUDICIARY

Summary

Prohibits non-disclosure clauses in leases of real property to be used for hydraulic facturing.

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Bill Details

See Assembly Version of this Bill:
A8983
Versions:
S6851
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง222-a, RP L

Sponsor Memo

BILL NUMBER:S6851

TITLE OF BILL: An act to amend the real property law, in relation to
leases of real property for the purposes of hydraulic fracturing

PURPOSE OF THE BILL: Prohibits non-disclosure clauses in leases of
real property to be used for hydraulic fracturing.

SUMMARY OF PROVISIONS: The bill would add a new Section 222-a to the
Real Property Law to prohibit a lease of real property for the purpose
of hydraulic fracturing to include any provision for or requiring the
non-disclosure of any term or condition. Every lease for hydraulic
fracturing activities must include all terms and conditions of the use
of the property. Any lease which violates the provisions of this
subdivision will be void as contrary to public policy.

JUSTIFICATION: As high-volume, hydraulic fracturing (HVHF) activity
has increased, it has come to light that some leases of land for HVHF
contain provisions that prohibit the landowner from releasing
information contained in the lease, including information on toxic
chemicals in drilling fluids and drilling wastes that are used,
stored, and transported. HVHP activities can have significant impacts
on public health and the environment, including contamination of
ground and surface waters, and drinking water.

It is essential that this information be available both for landowners
concerned about health impacts, contamination of their lands and
water, and future uses of such lands, as well as legal action that
might result from such exposures, contamination and spills.

PRIOR LEGISLATIVE HISTORY: Assembly Bill A8983/2014 (Englebright)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6851

                            I N  S E N A T E

                             March 19, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation  to  leases  of  real
  property for the purposes of hydraulic fracturing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding  a  new  section
222-a to read as follows:
  S  222-A.  PROPERTY  LEASED  FOR  HYDRAULIC  FRACTURING.  1.   FOR THE
PURPOSES OF THIS SECTION, "HYDRAULIC FRACTURING" MEANS THE USE OF CHEMI-
CALS, WATER AND OTHER SUBSTANCES INJECTED OR PUMPED INTO A  NATURAL  GAS
WELL TO STIMULATE THE EXTRACTION OF NATURAL GAS.
  2. NO LEASE OF REAL PROPERTY SHALL PROVIDE FOR OR REQUIRE THE NON-DIS-
CLOSURE  OF ANY TERM OR CONDITION THEREOF, WHEN ANY PORTION OF SUCH REAL
PROPERTY IS TO BE USED FOR HYDRAULIC FRACTURING.  EVERY  LEASE  OF  REAL
PROPERTY  USED  FOR SUCH PURPOSES SHALL INCLUDE ALL TERMS AND CONDITIONS
OF THE USE  OF  THE  REAL  PROPERTY.  EVERY  LEASE  WHICH  VIOLATES  THE
PROVISIONS OF THIS SUBDIVISION SHALL BE VOID AS CONTRARY TO PUBLIC POLI-
CY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14017-01-4

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