The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public with the right to access records maintained by government agencies with certain exceptions.
“Record” means any information kept, held, filed, produced or reproduced by, with, or for this agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.
Within five business days of the receipt of a written request for a record reasonably described, we will either: make such record available; deny such request in writing; or furnish a written acknowledgment of the receipt of such request. If you receive none of these items within five business days, please contact us at (518) 402-6924 or FOIL@efc.ny.gov.
An acknowledgment letter will provide an estimated date when the records requested will be available, which will be reasonable under the circumstances of the request. This date is determined by the number of documents requested, their format, their availability, the time it takes to redact any information that is exempt from disclosure pursuant to FOIL, the time it takes to assemble the documents, and other factors.
Please note that FOIL requires EFC to provide records in its possession. It does not require that EFC answer questions or create a new record in response to a FOIL request.
If the record(s) requested require a fee to be paid, there will be a notification prior to the records being released. Unless a different fee is otherwise prescribed by statute, Public Officers Law §87(1) authorizes an agency to charge a fee of 25¢ per page for copies of records up 9”x 14”, or the actual cost of reproducing a record. In determining the actual cost of producing a record, an agency may include only:
- an amount equal to the hourly salary attributed to the lowest paid employee who has the necessary skill required to prepare the requested record(s), if at least two hours of agency employee time is needed to prepare a copy of the record request;
- the actual cost of the storage devices or media provided to the person making the request in complying with such request; and
- the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, if such service is used when an agency's information technology equipment is inadequate to prepare a copy.
Once the requested records are prepared, the records may be transmitted via email, fax, paper, CD/DVD, or USB. Records are available for inspection, by appointment, Monday through Friday between 8:30 am and 5:00 pm at the New York State Environmental Facilities Corporation's office at 625 Broadway, Albany, NY 12207. An appointment may be scheduled for an in-person inspection of records by calling (518) 402-6924.
Under provisions of the Public Officers Law, a FOIL determination may be appealed. An appeal must be submitted within 30 days of the written response to the FOIL request. Please include a copy of the original request for records and a copy of the FOIL response received, along with your appeal letter to:
Maureen A. Coleman, Esq.
Environmental Facilities Corporation
Albany, NY 12207
A written decision will be provided within ten business days of EFC's receipt of such an appeal. Please indicate the FOIL Request Number when corresponding on this subject.
For more information about FOIL, please visit the New York State Committee on Open Government’s website.
When submitting a FOIL request:
- Please be as specific as possible in describing the requested records. Include relevant dates, names, descriptions, etc. See suggested language for a FOIL request from the Committee on Open Government.
- Specify whether you would like to inspect the records or have copies of the records sent.
- Include your e-mail, mailing address and fax number, as well as a telephone number where you can be reached during business hours.