|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Mar 19, 2014 |
referred to judiciary |
Senate Bill S6851
2013-2014 Legislative Session
Sponsored By
(D) 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-S6851 (ACTIVE) - Details
2013-S6851 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6851
TITLE OF BILL: An act to amend the real property law, in relation to
leases of real property for the purposes of hydraulic fracturing
PURPOSE OF THE BILL: Prohibits non-disclosure clauses in leases of
real property to be used for hydraulic fracturing.
SUMMARY OF PROVISIONS: The bill would add a new Section 222-a to the
Real Property Law to prohibit a lease of real property for the purpose
of hydraulic fracturing to include any provision for or requiring the
non-disclosure of any term or condition. Every lease for hydraulic
fracturing activities must include all terms and conditions of the use
of the property. Any lease which violates the provisions of this
subdivision will be void as contrary to public policy.
JUSTIFICATION: As high-volume, hydraulic fracturing (HVHF) activity
has increased, it has come to light that some leases of land for HVHF
contain provisions that prohibit the landowner from releasing
information contained in the lease, including information on toxic
chemicals in drilling fluids and drilling wastes that are used,
stored, and transported. HVHP activities can have significant impacts
on public health and the environment, including contamination of
ground and surface waters, and drinking water.
It is essential that this information be available both for landowners
2013-S6851 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6851
I N S E N A T E
March 19, 2014
___________
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:
S 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.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14017-01-4
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.