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
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
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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