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- Referred to judiciary
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Prohibits non-disclosure clauses in leases of real property to be used for hydraulic fracturing
Assembly Floor Calendar · Sponsor Steven Englebright
Full text
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Sponsor's memo
BILL NUMBER:S6851
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 of the bill
Prohibits non-disclosure clauses in leases of real property to be used for hydraulic fracturing.
Summary of provisions
The 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 fracturing to include any provision for or requiring the non-disclosure of any term or condition. Every lease 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. HVHP 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 both for landowners concerned about health impacts, contamination of their lands and water, and future uses of such lands, as well as legal action that might result from such exposures, contamination and spills.
Prior legislative history
Assembly Bill A8983/2014 (Englebright)
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.