Bill Text: NY A04134 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits inclusion of non-disclosure agreements in settlements of hydraulic fracturing actions when there is evidence of threat to public health or safety.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-05-17 - advanced to third reading cal.907 [A04134 Detail]

Download: New_York-2017-A04134-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4134
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
                                       ___________
        Introduced  by M. of A. ROSENTHAL, ENGLEBRIGHT, COLTON, ABINANTI -- 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:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 5003-b to read as follows:
     3    § 5003-b. Settlement of  hydraulic  fracturing  claims.  (a)  For  the
     4  purposes of this section, "hydraulic fracturing" means the use of chemi-
     5  cals,  water  and other substances injected or pumped into a natural gas
     6  well to stimulate the extraction of natural gas.
     7    (b) When the parties to an action, which  in  any  manner  relates  to
     8  hydraulic  fracturing,  agree  to  settle such action, the terms of such
     9  settlement shall not include or be subject to any non-disclosure  agree-
    10  ment  where any facts disclosed in such action relate to a threat to the
    11  public health or safety. No court shall approve or allow any  settlement
    12  of  such  an action, which includes a non-disclosure agreement until the
    13  court has reviewed all facts related to the hydraulic fracturing  action
    14  to  determine  whether  there  is any evidence of a threat to the public
    15  health or safety.
    16    § 2. This act shall take effect immediately and shall apply to settle-
    17  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.
                                                                   LBD04989-01-7