assembly Bill A8678

2013-2014 Legislative Session

Prohibits inclusion of non-disclosure agreements in settlements of hydraulic fracturing actions when there is evidence of threat to public health or safety

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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
Feb 03, 2014 referred to judiciary

Co-Sponsors

Multi-Sponsors

A8678 (ACTIVE) - Details

See Senate Version of this Bill:
S4630
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง5003-b, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A10630
2015-2016: A789
2017-2018: A4134
2019-2020: A1219

A8678 (ACTIVE) - Summary

Prohibits inclusion of non-disclosure agreements in settlements of hydraulic fracturing actions when there is evidence of threat to public health or safety.

A8678 (ACTIVE) - Bill Text download pdf

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

                                  8678

                          I N  A S S E M B L Y

                            February 3, 2014
                               ___________

Introduced by M. of A. ROSENTHAL, SCHIMEL, ENGLEBRIGHT, ROBERTS, COLTON,
  ABINANTI  --  Multi-Sponsored  by -- M. of A. MILLMAN -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  settlement of causes of action relating to hydraulic fracturing

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

  Section 1. The civil practice law and rules is amended by adding a new
section 5003-b to read as follows:
  S 5003-B. SETTLEMENT OF  HYDRAULIC  FRACTURING  CLAIMS.  (A)  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.
  (B) WHEN THE PARTIES TO AN ACTION, WHICH  IN  ANY  MANNER  RELATES  TO
HYDRAULIC  FRACTURING,  AGREE  TO  SETTLE SUCH ACTION, THE TERMS OF SUCH
SETTLEMENT SHALL NOT INCLUDE OR BE SUBJECT TO ANY NON-DISCLOSURE  AGREE-
MENT  WHERE ANY FACTS DISCLOSED IN SUCH ACTION RELATE TO A THREAT TO THE
PUBLIC HEALTH OR SAFETY. NO COURT SHALL APPROVE OR ALLOW ANY  SETTLEMENT
OF  SUCH  AN ACTION, WHICH INCLUDES A NON-DISCLOSURE AGREEMENT UNTIL THE
COURT HAS REVIEWED ALL FACTS RELATED TO THE HYDRAULIC FRACTURING  ACTION
TO  DETERMINE  WHETHER  THERE  IS ANY EVIDENCE OF A THREAT TO THE PUBLIC
HEALTH OR SAFETY.
  S 2. This act shall take effect immediately and shall apply to settle-
ments of actions occurring on or after such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06394-01-3