assembly Bill A789

2015-2016 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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to judiciary
Jan 07, 2015 referred to judiciary

Co-Sponsors

A789 (ACTIVE) - Details

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
2013-2014: A2265, A8678
2017-2018: A4134
2019-2020: A1219

A789 (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.

A789 (ACTIVE) - Bill Text download pdf

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

                                   789

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced by M. of A. ROSENTHAL, SCHIMEL, ENGLEBRIGHT, ROBERTS, COLTON,
  ABINANTI -- 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.
                                                           LBD04261-01-5