2023 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.