Assembly Bill A8678

2013-2014 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2013-A8678 (ACTIVE) - Details

See Senate Version of this Bill:
S4630
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง5003-b, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A10630
2015-2016: A789
2017-2018: A4134
2019-2020: A1219

2013-A8678 (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.

2013-A8678 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8678

                          I N  A S S E M B L Y

                            February 3, 2014
                               ___________

Introduced by M. of A. ROSENTHAL, SCHIMEL, ENGLEBRIGHT, ROBERTS, COLTON,
  ABINANTI  --  Multi-Sponsored  by -- M. of A. MILLMAN -- 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:
  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

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.