A01204 Summary:

BILL NOA01204
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRMosley, Titone, Gottfried, Abinanti, Weprin
 
MLTSPNSRCook, Glick, Rivera
 
Add 222-a, RP L
 
Prohibits non-disclosure clauses in leases of real property to be used for hydraulic fracturing.
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A01204 Actions:

BILL NOA01204
 
01/11/2017referred to judiciary
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A01204 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1204
 
SPONSOR: Englebright (MS)
  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 OR GENERAL IDEA OF BILL: Prohibits non-disclosure clauses in leases of real property to be used for hydraulic fracturing   SUMMARY OF SPECIFIC PROVISIONS: This 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 fractur- ing to include any provision for or requiring the non-disclosure of any term or condition. All leases 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. HVHF 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 for landowners concerned about health impacts, contamination of their lands and water, future uses of such lands, as well as legal actions that might result from such exposures, contamination, and spills.   PRIOR LEGISLATIVE HISTORY: 2013-14 A.8983 referred to judiciary 2015-16 A.6699-A reported referred to rules   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This bill would take effect immediately.
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A01204 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1204
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2017
                                       ___________
 
        Introduced by M. of A. ENGLEBRIGHT, MOSLEY, TITONE, GOTTFRIED, ABINANTI,
          WEPRIN  --  Multi-Sponsored by -- M. of A. COOK, GLICK, 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.
                                                                   LBD00865-02-7
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