What's happening
This bill requires all terms and conditions of property leases for hydraulic fracturing to be disclosed, prohibiting confidentiality clauses.
Why it matters
Increases transparency for landowners and communities. By prohibiting confidentiality clauses in leases for hydraulic fracturing, individuals and local governments will have access to full information about the terms under which drilling occurs in their area, aiding informed decision-making and public oversight.
Empowers property owners during negotiations. Property owners cannot be pressured into secrecy about lease terms, which may help them compare offers, seek advice, and negotiate more favorable or fair agreements with drilling companies.
Promotes public accountability for drilling practices. Open disclosure of lease terms can help environmental groups, journalists, and regulators monitor compliance with safety, environmental, and community protection standards.
Limits legal ambiguity and potential exploitation. By voiding only the confidentiality provisions and not the entire lease, the bill ensures that property owners are not unintentionally penalized while maintaining the enforceability of other agreed-upon lease terms.
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Who cares
Headline styles
End Lease Secrecy for Fracking
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Ordered to third reading cal.81
- Advanced to third reading cal.372
- Reported
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 222-a to read as follows:
§ 222-a. Property leased for hydraulic fracturing. 1. For the purposes of this section, "hydraulic fracturing" means the use of chemicals, water and other substances injected or pumped into a natural gas well to stimulate the extraction of natural gas.
2. No lease of real property shall provide for or require the non-disclosure of any term or condition thereof, when any portion of such real property is to be used for hydraulic fracturing. Every lease of real property used for such purposes shall include all terms and conditions of the use of the real property. Any lease provision which violates the provisions of this subdivision shall be void as contrary to public policy. Any lease provision that is void shall not affect in any way any other lease provision; all other terms of the lease shall remain in full force and effect.
§ 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.