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Assembly Bill A4134

2017-2018 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

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Archive: Last Bill Status - On Floor Calendar

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2017-A4134 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5003-b, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A10630
2013-2014: A2265, A8678
2015-2016: A789
2019-2020: A1219

2017-A4134 (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.

2017-A4134 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4134
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, ENGLEBRIGHT, 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:
   § 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.
   § 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.
                                                            LBD04989-01-7

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