What's happening
This bill requires full disclosure of all terms in real property leases for hydraulic fracturing and voids leases with nondisclosure clauses.
Why it matters
Increased transparency for landowners. By requiring all terms and conditions of hydraulic fracturing leases to be fully disclosed, the bill empowers property owners to make more informed decisions about leasing their land, reducing the risk of being misled or signing unfavorable agreements.
Strengthened legal protections. The bill voids any lease with nondisclosure clauses related to hydraulic fracturing, ensuring that attempts to conceal details or restrict information-sharing are unenforceable. This provides a legal recourse for landowners who may have been pressured into secrecy.
Community awareness and oversight. With all lease terms made public, neighbors and local governments can better understand the scope and impact of fracking operations, enabling more effective community response and oversight of environmental and health risks.
Discourages exploitative leasing practices. By banning nondisclosure clauses, the legislation makes it harder for companies to hide unfavorable terms or divide and conquer landowners, promoting fairer negotiations and potentially leading to better economic and environmental outcomes for affected communities.
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Who cares
Headline styles
End Lease Gag Orders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1581
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed 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. Every lease which violates the provisions of this subdivision shall be void as contrary to public policy.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00865-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
S.2015-16: S.1129 S.2014: S.6851/A.8983 (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.