2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 13, 2021

        Introduced  by  M.  of  A.  ENGLEBRIGHT,  GOTTFRIED, ABINANTI, WEPRIN --
          Multi-Sponsored by -- M. of A. COOK, GLICK, J. RIVERA -- 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:

     1    Section 1. The real property law is amended by adding  a  new  section
     2  222-a to read as follows:
     3    §  222-a.  Property  leased  for  hydraulic  fracturing.  1.   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    2. No lease of real property shall provide for or require the non-dis-
     8  closure  of any term or condition thereof, when any portion of such real
     9  property is to be used for hydraulic fracturing.  Every  lease  of  real
    10  property  used  for such purposes shall include all terms and conditions
    11  of the use of the real property. Any lease provision which violates  the
    12  provisions of this subdivision shall be void as contrary to public poli-
    13  cy.    Any  lease provision that is void shall not affect in any way any
    14  other lease provision; all other terms of the lease shall remain in full
    15  force and effect.
    16    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.