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AB789 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           789
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2015
                                       ___________
 
        Introduced by M. of A. ROSENTHAL, SCHIMEL, ENGLEBRIGHT, ROBERTS, 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.
                                                                   LBD04261-01-5