senate Bill S3765

2011-2012 Legislative Session

Prohibits contracts that relate to hydraulic fracturing from containing provisions that prohibit the disclosure of the chemicals used

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
May 17, 2011 reported and committed to commerce, economic development and small business
Mar 03, 2011 referred to judiciary

Votes

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May 17, 2011 - Judiciary committee Vote

S3765
16
1
committee
16
Aye
1
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

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S3765 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add ยง5-336, Gen Ob L

S3765 - Bill Texts

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Prohibits contracts that relate or refer to hydraulic fracturing from containing provisions that prohibit the disclosure of the chemicals used by such processes; defines hydraulic fracturing.

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BILL NUMBER:S3765

TITLE OF BILL:
An act
to amend the general obligations law, in relation to contracts relating
or referring to hydraulic fracturing

PURPOSE OF BILL:
To require that no contract relating or referring to hydraulic
fracturing shall prohibit the disclosure, by any party, of the
chemicals used in hydraulic fracturing.

SUMMARY OF PROVISIONS:
Section 1. Amends the general obligations law by adding a new section
5-336 which defines the terms "hydraulic fracturing,"
"hydro-fracturing" and "hydro-fracking" and stipulates that no
contract relating or referring to hydraulic fracturing,
hydro-fracturing, and hydro-fracking shall prohibit the disclosure,
by any party, of the chemicals used in hydraulic fracturing or
diminish payment to any contracting patty as a result of the
inclusion of a provision disclosing the chemicals used in hydraulic
fracturing.

Section 2. Effective date

JUSTIFICATION:
Those landowners who enter into contracts relating or referring to
hydraulic fracturing should not have to risk breaching their contract
by disclosing the chemicals involved in the process.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3765

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sens.  BONACIC,  ADDABBO,  KRUGER, LAVALLE, OPPENHEIMER,
  RANZENHOFER, SEWARD -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law, in  relation  to  contracts
  relating or referring to hydraulic fracturing

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

  Section 1. The general obligations law is  amended  by  adding  a  new
section 5-336 to read as follows:
  S  5-336.  HYDRAULIC FRACTURING CONTRACTS. 1. FOR THE PURPOSES OF THIS
SECTION,  THE  TERM  "HYDRAULIC  FRACTURING,"   "HYDRO-FRACTURING"   AND
"HYDRO-FRACKING"  SHALL MEAN FRACTURING OF ROCK BY MAN-MADE FLUID-DRIVEN
FRACTURING TECHNIQUES FOR THE PURPOSE OF STIMULATING NATURAL GAS OR  OIL
WELL PRODUCTION.
  2.   NO  CONTRACT  RELATING  OR  REFERRING  TO  HYDRAULIC  FRACTURING,
HYDRO-FRACTURING OR HYDRO-FRACKING SHALL:
  A. PROHIBIT THE DISCLOSURE, BY ANY PARTY, OF  THE  CHEMICALS  USED  IN
HYDRAULIC FRACTURING; OR
  B. DIMINISH PAYMENT TO ANY CONTRACTING PARTY AS A RESULT OF THE INCLU-
SION  OF A PROVISION DISCLOSING THE CHEMICALS USED IN HYDRAULIC FRACTUR-
ING.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08764-01-1

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