What's happening
This bill prohibits non-disclosure agreements in hydraulic fracturing settlements if the facts relate to threats to public health or safety.
Why it matters
Increases transparency about hydraulic fracturing impacts. By prohibiting non-disclosure agreements (NDAs) in settlements where public health or safety is implicated, the bill ensures that crucial information about potential environmental or health risks tied to fracking cannot be kept secret through legal settlements.
Empowers affected communities and individuals. Residents, workers, and local governments gain access to information that could help them make informed decisions about their health, property, and local policies, rather than being kept in the dark due to confidential legal settlements.
Shifts legal power dynamics. Hydraulic fracturing companies can no longer use NDAs as leverage to quietly resolve lawsuits and suppress damaging information, potentially leading to greater accountability and stronger incentives to avoid harmful practices.
Mandates judicial oversight. Courts are required to specifically review settlement facts to determine if public health or safety threats exist, adding a layer of scrutiny and ensuring that the intent of the law—to prevent the concealment of dangers—is actively enforced.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
People bringing hydraulic fracturing claims
They could not settle under a non-disclosure agreement when facts disclosed in the action relate to a threat to public health or safety.
Natural gas drilling companies facing lawsuits
They could not use non-disclosure agreements in settlements of hydraulic fracturing actions involving such threats.
Courts handling hydraulic fracturing cases
They would have to review all facts related to the action for evidence of a public health or safety threat before allowing any settlement containing a non-disclosure agreement.
Public health and environmental advocates
The bill would bar settlement secrecy agreements in hydraulic fracturing cases where disclosed facts relate to public health or safety threats.
Headline styles
End Fracking Settlement Secrecy
Plain English, a few words. Used as the page title.
Sponsors
History
- Advanced to third reading cal.907
- Reported
- Reported referred to codes
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4134
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. ROSENTHAL, ENGLEBRIGHT, 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 Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new section 5003-b to read as follows:
§ 5003-b. Settlement of hydraulic fracturing claims. (a) 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.
(b) When the parties to an action, which in any manner relates to hydraulic fracturing, agree to settle such action, the terms of such settlement shall not include or be subject to any non-disclosure agreement where any facts disclosed in such action relate to a threat to the public health or safety. No court shall approve or allow any settlement of such an action, which includes a non-disclosure agreement until the court has reviewed all facts related to the hydraulic fracturing action to determine whether there is any evidence of a threat to the public health or safety.
§ 2. This act shall take effect immediately and shall apply to settlements of actions occurring on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04989-01-7
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.