What's happening
This bill prohibits non-disclosure agreements in hydraulic fracturing lawsuit settlements if facts reveal threats to public health or safety.
Why it matters
Increases transparency around environmental risks. By prohibiting non-disclosure agreements (NDAs) in settlements where hydraulic fracturing has revealed threats to public health or safety, the bill ensures that critical information about potential hazards cannot be hidden from the public.
Empowers affected communities and individuals. Residents near fracking sites or those impacted by related lawsuits will have greater access to information that could affect their health, property values, and decision-making, rather than being left in the dark due to confidential settlements.
Strengthens judicial oversight. The bill requires courts to actively review settlements for evidence of public health or safety threats before approving any NDA, placing more responsibility on the legal system to protect the broader public interest rather than just the parties involved in the lawsuit.
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Who cares
Headline styles
No NDAs on Fracking Risks
Plain English, a few words. Used as the page title.
Sponsors
History
- Ordered to third reading cal.61
- Advanced to third reading cal.222
- Reported
- Reported referred to codes
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1219
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. L. ROSENTHAL, ENGLEBRIGHT, COLTON, ABINANTI, MOSLEY -- 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-c to read as follows:
§ 5003-c. 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.
LBD02555-01-9
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.