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A4134Assembly2017-2018 Session

End Fracking Settlement Secrecy

Official title

“Prohibits inclusion of non-disclosure agreements in settlements of hydraulic fracturing actions when there is evidence of threat to public health or safety”

Sponsor Linda RosenthalAD-67+4 co-sponsorsAffects Legal
Status
Assembly Floor Calendar
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · May 17

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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

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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

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

History

  1. Advanced to third reading cal.907
  2. Reported
  3. Reported referred to codes
  4. Referred to judiciary
  5. 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.