Prohibits contracts that relate or refer to hydraulic fracturing from containing provisions that prohibit the disclosure of the chemicals used by such processes; defines hydraulic fracturing.
TITLE OF BILL: An act to amend the general obligations law, in relation to contracts relating or referring to hydraulic fracturing
PURPOSE OF BILL: To require that no contract relating or referring to hydraulic fracturing shall prohibit the disclosure, by any party, of the chemicals used in hydraulic fracturing.
SUMMARY OF PROVISIONS: Section 1. Amends the general obligations law by adding a new section 5-336 which defines the terms "hydraulic fracturing," "hydro-fracturing" and "hydro-fracking" and stipulates that no contract relating or referring to hydraulic fracturing, hydro-fracturing, and hydro-fracking shall prohibit the disclosure, by any party, of the chemicals used in hydraulic fracturing or diminish payment to any contracting patty as a result of the inclusion of a provision disclosing the chemicals used in hydraulic fracturing.
Section 2. Effective date
JUSTIFICATION: Those landowners who enter into contracts relating or referring to hydraulic fracturing should not have to risk breaching their contract by disclosing the chemicals involved in the process.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3765 2011-2012 Regular Sessions IN SENATE March 3, 2011 ___________Introduced by Sens. BONACIC, ADDABBO, KRUGER, LAVALLE, OPPENHEIMER, RANZENHOFER, SEWARD -- read twice and ordered printed, and when print- ed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to contracts relating or referring to hydraulic fracturing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general obligations law is amended by adding a new section 5-336 to read as follows: S 5-336. HYDRAULIC FRACTURING CONTRACTS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "HYDRAULIC FRACTURING," "HYDRO-FRACTURING" AND "HYDRO-FRACKING" SHALL MEAN FRACTURING OF ROCK BY MAN-MADE FLUID-DRIVEN FRACTURING TECHNIQUES FOR THE PURPOSE OF STIMULATING NATURAL GAS OR OIL WELL PRODUCTION. 2. NO CONTRACT RELATING OR REFERRING TO HYDRAULIC FRACTURING, HYDRO-FRACTURING OR HYDRO-FRACKING SHALL: A. PROHIBIT THE DISCLOSURE, BY ANY PARTY, OF THE CHEMICALS USED IN HYDRAULIC FRACTURING; OR B. DIMINISH PAYMENT TO ANY CONTRACTING PARTY AS A RESULT OF THE INCLU- SION OF A PROVISION DISCLOSING THE CHEMICALS USED IN HYDRAULIC FRACTUR- ING. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08764-01-1