S T A T E O F N E W Y O R K
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1581
2017-2018 Regular Sessions
I N S E N A T E
January 10, 2017
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Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the real property law, in relation to leases of real
property for the purposes of hydraulic fracturing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
222-a to read as follows:
§ 222-A. PROPERTY LEASED FOR HYDRAULIC FRACTURING. 1. 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.
2. NO LEASE OF REAL PROPERTY SHALL PROVIDE FOR OR REQUIRE THE NON-DIS-
CLOSURE OF ANY TERM OR CONDITION THEREOF, WHEN ANY PORTION OF SUCH REAL
PROPERTY IS TO BE USED FOR HYDRAULIC FRACTURING. EVERY LEASE OF REAL
PROPERTY USED FOR SUCH PURPOSES SHALL INCLUDE ALL TERMS AND CONDITIONS
OF THE USE OF THE REAL PROPERTY. EVERY LEASE WHICH VIOLATES THE
PROVISIONS OF THIS SUBDIVISION SHALL BE VOID AS CONTRARY TO PUBLIC POLI-
CY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00865-01-7