| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to judiciary |
| Apr 16, 2013 |
referred to judiciary |
Senate Bill S4630
2013-2014 Legislative Session
Sponsored By
(R, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
2013-S4630 (ACTIVE) - Details
2013-S4630 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4630
TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to the settlement of causes of action relating to hydraulic
fracturing
PURPOSE: To prohibit inclusion of non-disclosure agreements in
settlements of hydraulic fracturing actions when there is evidence of
threat to public health or safety.
SUMMARY OF SPECIFIC PROVISIONS: The bill would prohibit the inclusion
of any non-disclosure agreement in a settlement relating to hydraulic
fracturing where the facts disclosed in the action relate to a public
health or safety threat. Further, the bill would prohibit the court
from approving or allowing a settlement of such action that includes a
non-closure agreement until the court has reviewed all facts in the
case with regard to a threat to public health or safety.
JUSTIFICATION: Because of the nature of hydraulic fracturing, it is
likely that legal actions relating to this activity involve the impact
of toxic chemicals used in the process of fracturing as well as the
storage, transportation and disposal of such fluids. These chemicals
may have a significant impact on public health and safety during the
actual hydro-fracturing activity (e.g. contamination of solid and
groundwater), transport of (racking fluids to the site and
transport/disposal of waste fluids. It is important that any
2013-S4630 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4630
2013-2014 Regular Sessions
I N S E N A T E
April 16, 2013
___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when
printed to be committed 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
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