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Assembly Bill A4864

2023-2024 Legislative Session

Prohibits non-disclosure clauses in leases of real property to be used for hydraulic fracturing

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Archive: Last Bill Status - In Assembly Committee

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2023-A4864 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §222-a, RP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8983
2015-2016: A6699
2017-2018: A1204
2019-2020: A3158
2021-2022: A6899

2023-A4864 (ACTIVE) - Summary

Prohibits non-disclosure clauses in leases of real property to be used for hydraulic fracturing.

2023-A4864 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4864
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by M. of A. KELLES, WEPRIN -- Multi-Sponsored by -- M. of A.
   COOK, GLICK -- read once and referred 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. ANY LEASE PROVISION WHICH VIOLATES  THE
 PROVISIONS OF THIS SUBDIVISION SHALL BE VOID AS CONTRARY TO PUBLIC POLI-
 CY.    ANY  LEASE PROVISION THAT IS VOID SHALL NOT AFFECT IN ANY WAY ANY
 OTHER LEASE PROVISION; ALL OTHER TERMS OF THE LEASE SHALL REMAIN IN FULL
 FORCE AND EFFECT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09661-01-3

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