2002 Green Book
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DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 

                            Adjusted    Executive   Legislative
                             Approp.      Request      Approp.
                             2001-02      2002-03      2002-03    Change
   
STATE OPERATIONS
  General Fund           105,061,500  106,894,500  109,036,500   2,142,000 
  Special Rev. Fed.       94,822,400   93,369,000   93,369,000           0 
  Special Rev. Other     214,689,800  199,624,200  227,624,200  28,000,000 
  Internal Service Fund       35,000       40,000       40,000           0 
  Total for 
    STATE OPERATIONS:    414,608,700  399,927,700  430,069,700  30,142,000 

AID TO LOCALITIES
  General Fund             1,513,300        6,300    1,885,800   1,879,500 
  Total for Agency:        1,513,300        6,300    1,885,800   1,879,500 
  Total Grants In Aid:             0            0    1,874,230   1,874,230 
  Total for 
    AID TO LOCALITIES:     1,513,300        6,300    3,760,030   3,753,730 

CAPITAL PROJECTS
  Capital Projects Fund  475,468,000  608,877,500  638,877,500  30,000,000 
  Total for 
    CAPITAL PROJECTS:    475,468,000  608,877,500  638,877,500  30,000,000 


LEGISLATIVE ACTION

The Legislature provides General Fund/Aid to Localities appropriations of 
$172,500 for the Town of North Elba/ORDA promotion and $200,000 for Cornell 
Community Integrated Pest Management.

The Legislature adds General Fund/Aid to Localities funding of $1,057,000 for 
the following Water Commissions, reflecting a denial of the Executive's proposal 
to fund these Commissions within the Environmental Protection Fund (EPF):


--    Interstate Environmental    $388,000
--    Susquehanna River Basin     $100,000
--    Ohio River Basin             $13,000
--    New England Interstate       $26,000
--    Delaware River Basin        $485,000
--    Great Lakes                  $45,000

The Legislature also adds General Fund/State Operations funding of $2,142,000 
for services and expenses for the implementation of the New York City watershed 
agreement, General Fund/Aid to Localities funding of $450,000 for Adirondack 
landfills in Essex and Hamilton Counties and $10,000,000 to the Capital Projects 
Fund for services and expenses of the Onondaga Lake cleanup project, reflecting 
the denial of the Executive's proposal to fund these costs within the EPF.

In addition, the Legislature denies the Executive's proposal to fund $29,956,000 
in Department of Environmental Conservation (DEC) capital projects within the EPF.

Finally, the Legislature includes $28,000,000 to fund existing staff at DEC, 
the Department of Health and the Department of Law under the Hazardous Waste 
Remedial Program.  

Environmental Protection Fund

The Legislature appropriates a total of $250,000,000 from the Environmental 
Protection Fund.  This overall total reflects two years of appropriations, 
since no appropriations were provided from the EPF in State Fiscal Year (SFY) 
2001 02.  The Legislature allocates the $125,000,000 base appropriation in 
SFY 2002 03 as follows:

Solid Waste Account

--    $5,255,000 for municipal waste reduction and recycling projects;
--    $5,255,000 for secondary materials marketing assistance projects;
--    $1,300,000 for the assessment and recovery of natural resource 
damages; and
--    $2,625,000 for the pesticides program, including $375,000 for an 
Arthropod Quarantine Facility at Cornell University.

Parks, Recreation and Historic Preservation Account

--    $6,685,000 for local waterfront revitalization projects, including 
$1,500,000 for Rensselaer County waterfront revitalization.  In addition, 
25 percent of the funding allocated in this category will be for projects 
in urban underserved communities;
--    $7,250,000 for municipal park projects, including $700,000 for Gallagher 
Beach waterfront redevelopment.  In addition, 25 percent of the funding 
allocated in this category will be for projects in urban underserved communities;
 
--    $15,000,000 for the Hudson River Park;
--    $7,000,000 for stewardship projects, including $1,000,000 for the 
Adirondack North Country Community Enhancement Program;
--    $1,000,000 for the Historic Barn Preservation Program; and
--    $11,000,000 for State Parks Infrastructure projects.

Open Space Account

--    $38,000,000 for land acquisition, including $150,000 for urban reforestation 
for cities with populations greater than 65,000 and $125,000 for the Land Trust 
Alliance;
--    $5,800,000 for the Hudson River Estuary Management Plan;
--    $750,000 for biodiversity stewardship;
--    $8,000,000 for farmland protection;
--    $5,500,000 for non-point source pollution control, including $200,000 
for the Port Washington Aquifer study and $100,000 for the Susquehanna River 
Basin Commission;
--    $1,300,000 for the Finger Lakes-Lake Ontario Watershed Protection Alliance;
--    $1,860,000 for Soil and Water Conservation Districts;
--    $370,000 for the Albany Pine Bush Commission;
--    $700,000 for the Long Island Central Pine Barrens Commission; and
--    $350,000 for the Long Island South Shore Estuary Reserve.

The Legislature allocates the $125,000,000 supplemental appropriation in 
SFY 2002-03 as follows:

Solid Waste Account

--    $5,000,000 for municipal waste reduction and recycling projects;
--    $4,995,000 for secondary materials marketing assistance projects;
--    $1,300,000 for the assessment and recovery of natural resource 
damages; and
--    $2,625,000 for the pesticides program, including $375,000 for an 
Arthropod Quarantine Facility at Cornell University.

Parks, Recreation and Historic Preservation Account

--    $6,750,000 for local waterfront revitalization projects, including 
$1,500,000 for Oyster Bay waterfront revitalization.  In addition, 25 percent 
of the funding allocated in this category will be for projects in urban 
underserved communities;
--    $8,500,000 for municipal park projects.  In addition, 25 percent of 
the funding allocated in this category will be for projects in urban 
underserved communities;
--    $15,000,000 for the Hudson River Park;
--    $6,500,000 for stewardship projects, including $750,000 for 
Belleayre stewardship projects;
--    $1,000,000 for the Historic Barn Preservation Program; and
--    $10,000,000 for State Parks Infrastructure projects.

Open Space Account

--    $38,000,000 for land acquisition, including $125,000 for the Land 
Trust Alliance;
--    $5,800,000 for the Hudson River Estuary Management Plan;
--    $750,000 for biodiversity stewardship;
--    $8,000,000 for farmland protection;
--    $6,000,000 for non-point source pollution control, including 
$200,000 for the Town of Portland water service and $100,000 for the 
Susquehanna River Basin Commission;
--    $1,300,000 for the Finger Lakes-Lake Ontario Watershed
       Protection Alliance;
--    $1,860,000 for Soil and Water Conservation Districts;
--    $370,000 for the Albany Pine Bush Commission;
--    $700,000 for the Long Island Central Pine Barrens Commission;
--    $350,000 for the Long Island South Shore Estuary Reserve; and
--    $200,000 for Peconic Bay.

Clean Water/Clean Air Bond Act

The Legislature concurs with the Executive and appropriates $212,400,000 
in SFY 2002-03 from the 1996 Clean Water/Clean Air Bond Act for safe 
drinking water, clean water, solid waste, environmental restoration and 
air quality projects.  The Legislature adds language in the Article VII 
bill requiring $5 million from the 1996 Clean Water/Clean Air Bond Act 
to be made available for diesel fueled school bus retrofit equipment 
projects.  The Legislature concurs with the Executive Article VII proposal 
to provide $25 million in municipal recycling funding to New York City 
from the 1996 Clean Water/Clean Air Bond Act.

Article VII

The Legislature extends the fifteen-cent per bushel fee for surf clams 
and ten-cent fee for ocean quahogs until April 1, 2006.  In addition, the 
Department of Environmental Conservation is required to conduct two stock 
assessments of surf clams and ocean quahogs, and issue reports to the 
Governor and the Legislature.  The first stock assessment is due no later 
than December 31, 2002, and the second no later than December 31, 2004.  
The location of these stock assessments would be determined in consultation 
with the Surf Clam/Ocean Quahog Management Advisory Board. 

The Legislature makes the Executive's proposed fee increases for certified 
pesticide applicators and pesticide product registrations.  These 
amendments generate the same revenue for enhanced pesticide compliance, 
inspection and enforcement activities performed by the Department.  The 
Legislature also requires moneys from the environmental regulatory account 
to be made available for ground water monitoring to protect vulnerable 
drinking water sources, including those on Long Island.

The Legislature concurs with the Executive's proposal to increase fees for 
sport hunting and fishing licenses.  The proposal also amends several 
provisions of the Environmental Conservation Law to enhance hunting and 
fishing opportunities in the State.  The Legislature concurs with all 
amendments to hunting and fishing licenses except those provisions related 
to allowing fourteen and fifteen year olds to hunt big game under close 
supervision.  The Legislature also requires the new habitat stamp revenues 
to be available exclusively for fish and wildlife habitat management, 
protection and restoration, and the improvement and development of public 
access for fish and wildlife-related recreation and study.

The Legislature permanently amends the State Finance Law to require that 
sufficient moneys be transferred from the General Fund to the EPF for the 
purpose of maintaining solvency within the Fund when moneys are deemed 
insufficient to meet actual and anticipated disbursements from enacted 
appropriations or reappropriations.  The Legislature accepts the Executive 
proposal to increase the reimbursement rate for EPF landfill closure 
grants from 75 percent to 90 percent for municipalities with populations 
less than 3,500, consistent with the 1996 Clean Water/Clean Air Bond Act 
reimbursement rate for landfill closure projects.  The Legislature also 
accepts the Executive proposal to increase the reimbursement rate for 
non-agricultural non-point source abatement and control grants from 50 
percent to 75 percent.  The Legislature denies the Executive proposal to 
permanently establish additional accounts within the EPF statute, however 
authorization is provided for the expenditure of EPF funds for certain 
categories for State Fiscal Year 2002-03.  

The Legislature denies the Executive's Superfund and Brownfield proposal, 
including the merger of the three separate Superfund, Oil Spill and 
Voluntary Cleanup Programs into one pay-as-you-go program.

Legislative Additions

The Legislature provides funding for the following:

    VARIOUS DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJECTS.  $1,000,000
    CORNELL COMMUNITY INTEGRATED PEST MANAGEMENT.                 $200,000
    TOWN OF NORTH ELBA/ORDA PROMOTION.                            $172,500
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