N.Y. Environmental Conservation Law § 23-0313: Public access to records

§ 23-0313. Public access to records.

1. a. Any records or reports or portions thereof pertaining to the

production, sale, purchase, acquisition, storage or injection of oil and

gas and associated fluids and any records or reports or portions thereof

pertaining to the transportation of oil and gas, and any information

obtained therefrom, shall be for the confidential use of the department

and other departments, agencies and officers of the state for a period

of six months following the period to which such records or reports

apply, unless the person furnishing the records or reports expressly

agrees to their earlier publication or availability to the general

public, except as provided in subdivision five of section five hundred

ninety-five of the real property tax law. Notwithstanding any law to

the contrary, such records shall not be excepted from disclosure to the

public after expiration of such six-month period. Nothing in this

subdivision shall be construed to prevent the use of such records,

reports or information obtained therefrom by any department, agency or

officer of the state government in compiling or publishing analyses or

summaries relating to the general condition of the industry, the economy

or the condition of the natural resources of this state, provided that

such analyses or summaries do not involve the publication of records,

reports or information relating to a single firm or business enterprise.

b. Notwithstanding any law to the contrary, records or portions

thereof pertaining to metering or other measuring of brine produced by

solution mining and to each solution mining cavity or group of

interconnected solution mining cavities shall not be released by the

department for publication nor be available to the general public

without consent of the producer.

c. Notwithstanding any law to the contrary, applications for permits,

records or portions thereof which pertain to the total depth and

plugging records of wells subject to the oil, gas and solution mining

law shall not be excepted from disclosure to the public.

d. Well logs, well samples, directional surveys and reports on well

drilling and completion, for all wells subject to the oil, gas and

solution mining law, shall be for the confidential use of the department

and other departments, agencies and offices of the state government

until six months after the commencement of actual drilling operations.

(1) The department may extend the six-month period for an additional

six months for a well where drilling operations have been continuous

throughout that period. A written request for the extension by the

person furnishing the records will not be considered unless it is

submitted to the department no more than thirty days before the

expiration of the first six-month period. The department shall act upon

the request within fifteen days after receipt of the written

notification.

(2) The records subject to this paragraph may be excepted from

disclosure after the applicable six-month period pursuant to the

provisions of subdivision two of section eighty-seven of the public

officers law provided, however, that such records cannot be excepted

from disclosure for longer than two years after the commencement of the

applicable six-month period. A written request for the exception by the

person furnishing the records will not be considered unless it is

submitted to the department at least thirty days before the expiration

date of the applicable six-month period. The request for the exception

from disclosure must be sent by certified mail, return receipt

requested, and addressed to the New York State Department of

Environmental Conservation, Division of Mineral Resources, Records

Custodian, Albany, New York. Any person may make a request to the

department for disclosure of records pursuant to this subparagraph in

accordance with article six of the public officers law.

2. The records which the department has excepted from disclosure

pursuant to article six of the public officers law on or before the

effective date of this section shall continue to be excepted from

disclosure for one year after the effective date of this section or two

years from the commencement of actual drilling operations, whichever is

later. The person furnishing the records may authorize the release of

these records at any time before the expiration of the applicable

periods. Any person may make a request to the department for disclosure

of records pursuant to this subdivision in accordance with article six

of the public officers law.