Bill Text: NY A08678 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 8678 (Prior Session Legislation)

Introduced

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 7-0)

Status: (Introduced - Dead) 2014-02-03 - referred to judiciary [A08678 Detail]

Download: New_York-2013-A08678-Introduced.html

                           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:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 5003-b to read as follows:
    3    S 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    S 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.
                                                                  LBD06394-01-3