NY Env Conserv L § 23-0313 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 3 - General Provisions 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.