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Department of Environmental Conservation (DEC)
                            Adjusted      Executive   Legislative                       
                             Approp.        Request       Approp.
                             2000-01        2001-02       2001-02    Change

STATE OPERATIONS
  General Fund           102,681,600    109,040,600   108,690,600   (350,000)
  Special Rev.-Fed.       79,729,400     94,822,400    94,822,400          0 
  Special Rev.-Other     211,317,800    207,307,000   207,307,000          0 
  Internal Service Fund       30,000         35,000        35,000          0 
  Total for 
  STATE OPERATIONS:      393,758,800    411,205,000   410,855,000   (350,000)

AID TO LOCALITIES
  General Fund            10,442,418      4,813,300     4,063,300   (750,000)
  Special Rev.-Other         800,000              0             0          0 
  Total for 
  AID TO LOCALITIES:      11,242,418      4,813,300     4,063,300   (750,000)

  Capital Projects Fund  600,774,000    643,898,000   686,898,000  43,000,000 
  Total for 
  CAPITAL PROJECTS:      600,774,000    643,898,000   686,898,000  43,000,000 


Agency Mission

The Department of Environmental Conservation (DEC) is responsible for conserving and improving the State's natural resources and environment, as well as controlling water, land and air pollution to enhance the health, safety and general welfare of the State's residents. DEC's responsibilities also include implementation of the $1,750,000,000 Clean Water/Clean Air Bond Act of 1996, in addition to administering previous environmental bond act funds and the State's Environmental Protection Fund.

Year-to-Year Change

The Executive proposes an All-Funds increase of $53,941,082 or 5.4 percent from State Fiscal Year (SFY) 2000-01.

Legislative Changes

Eliminate Reimbursement for Forest Lands Tax Exemption.

Eliminate Solid Waste Disposal Subsidy.

$(3,300,000)    ATL/GEN

$(450,000)    ATL/GEN

The Executive proposes a $450,000 appropriation for the purpose of providing a subsidy to offset the costs of solid waste disposal outside the Adirondack Park. The Assembly Plan does not include this funding as it would target assistance to a specific region for a need shared by communities statewide.

Reject Increased Appropriation for Oil & Gas Leases on State-Owned Lands. $(350,000)    ST/GEN

The Executive proposes a $350,000 appropriation for an unspecified number of new positions relating to the leasing of State lands for oil and gas drilling. The Assembly Plan does not include this appropriation because the need has not been substantiated at this time.

Legislative Proposals

Environmental Protection Fund (EPF)

The Assembly plan provides $187,000,000 in funding from the Environmental Protection Fund (EPF) in SFY 2001-02. Moreover, the Assembly further increases the permanent revenues dedicated to the EPF to $175,000,000 over two years. In SFY 2001-02, Real Estate Transfer Tax (RETT) revenues dedicated to the Fund will be increased by $15,000,000 over the amount proposed by the Governor. This amount will increase by an additional $15,000,000 in SFY 2002-03, for a total two-year increase of $30,000,000.

The Assembly rejects the dedication of $5,000,000 in revenue from oil and gas leases on State-owned lands to the EPF, and maintains the deposit of such revenue in the General Fund. In the Assemby plan these funds are replaced by $5,000,000 of the increase in RETT dedicated to the EPF.

In SFY 2001-02, the Assembly provides $160,000,000 in funding from ongoing EPF revenues, allocated as follows:

Solid Waste and Hazardous Waste Account

  • $7,000,000 for municipal waste reduction or recycling projects;
  • $7,000,000 for secondary materials marketing assistance projects;
  • $1,300,000 for natural resource damages; and
  • $2,385,000 for the pesticides program.

Parks, Recreation and Historic Preservation Account

  • $14,000,000 for local waterfront revitalization project costs associated with environmental improvements, including $5,000,000 for waterfront land acquisition, park development and infrastructure maintenance in urban underserved areas;
  • $14,000,000 for municipal parks, recreation and historical preservation projects, including $5,000,000 for park land acquisition, development and infrastructure maintenance in urban underserved areas; and
  • $20,000,000 for the Hudson River Park.

Open Space Account

  • $60,500,000 for land acquisition. The Assembly adds Hudson River Estuary/Greenway Trail - Taxter Woods, Long Island Sound Coastal Area - Kycia Property, Staten Island Greenbelt - Decker Farm, Staten Island Greenbelt - Reeds Basket Willow Swamp/Chapin Avenue Woods, and Westchester Marine Corridor - Titus Mill Pond to the land acquisition list. Unspecified acquisition categories are omitted and replaced with specific projects such as Working Forest Lands/Conservation Easements - Cedarlands, Working Forest Lands/Conservation Easements - Champion International Inc. and Working Forest Lands/Conservation Easements-Domtar Inc.;
  • $6,000,000 for the Hudson River Estuary Management Plan;
  • $750,000 for biodiversity stewardship and research;
  • $14,000,000 for county agriculture and farmland protection activities;
  • $9,000,000 for non-point source abatement and control projects;
  • $1,300,000 for Soil and Water Conservation Districts;
  • $1,000,000 for the Finger Lakes-Lake Ontario Watershed Protection Alliance;
  • $370,000 for the Albany Pine Bush Preserve Commission;
  • $800,000 for the Long Island Central Pine Barrens Planning Commission; and
  • $595,000 for the Long Island South Shore Estuary Reserve.

The Assembly plan does not establish new permanent categories as proposed by the Governor. Authorizing language is provided as necessary to facilitate the expenditure of EPF funds.

In addition, the Assembly plan provides funding in the amount of $12,000,000 from excess interest anticipated to accrue in the account. This funding will be allocated as follows:

  • $9,000,000 to support the Onondaga Lake Cleanup Plan;
  • $2,400,000 to continue support for asthma programs; and
  • $600,000 for the development of local waterfront trails for communities such as the Town of Haverstraw.

Finally, the Assembly plan dedicates $15,000,000 from the "float" in the Environmental Protection Fund to establish a Municipal Open Space Assistance Program. The EPF currently contains over $260 million which for the most part has been committed but has not been disbursed. This balance continues to increase and a modest portion is dedicated toward a new zero-interest loan program to provide matching funds to assist communities that have created segregated open space funds to acquire open space. This dedication of funds will not compromise the ability of the EPF to meet current or future liabilities and will be returned to the EPF as loans are repaid.

Clean Water/Clean Air Bond Act

The Assembly Plan accepts the $219,600,000 Bond Act allocation proposed by the Governor, but adds an additional $6,000,000 under the clean-fuel bus category in the air quality program. This addition results in a funding level of $10,000,000 which will be utilized for the purchase of cleaner non-diesel buses that use alternative fuel.

Superfund

The Assembly rejects the Governor's proposal to merge the Superfund with the Oil Spill Fund and maintains the latter as an independent, 100 percent industry supported program. The Assembly rejects the Governor's reduced cleanup standards, and the proposed cost shift from industry to taxpayer in the Superfund program.

The Assembly Superfund Plan maintains the historic cost share percentages between industry and taxpayer. Superfund cost recoveries will continue to be used to pay for Superfund program costs outside the 50-50 industry-taxpayer cost share.

The Assembly proposes the dedication of $13,000,000 from existing hazardous waste generator fees and $18,400,000 from the Governor's proposed generator surcharge, for an industry contribution of $31,400,000, and provides a $31,400,000 General Fund match to create a $62,800,000 Superfund account. The remaining $37,600,000 in General Fund contributions proposed by the Governor will be retained in a Trust Account to be matched with revenue to be determined pursuant to a chapter.

The Assembly Plan will leverage additional resources to ensure that historic funding shares are retained, that resources are available to remediate hazardous substance sites and that the Superfund program is accelerated from the 21-year program proposed by the Governor to a 10-year program.

Brownfields

The Assembly Plan includes measures to stimulate the cleanup and remediation of brownfield sites. Through December 31, 2000, the Department has disbursed only $9,500,000 of the $100,000,000 appropriated through SFY 2000-01 from the Clean Water/ Clean Air Act for brownfields. The Assembly initiative will expedite this process, by:

  • authorizing localities to establish Environmental Opportunity Zones;

  • allowing municipalities to enter brownfield sites to investigate the extent of contamination without taking title to the property;

  • eliminating the current requirement that municipalities share 50 percent of any profit made on the sale of a remediated brownfield; and

  • providing grants of 90 percent for on-site cleanup and 100 percent for off-site groundwater cleanup.

    The Assembly provides $30,000,000 in tax relief to promote the remediation of brownfields and to promote economic development related to these sites.

    Executive Fee Proposals

    The Assembly Plan rejects the Governor's fee increases, including fees for hunting and fishing licenses, pesticide certification and registration and petroleum bulk storage facilities.

    Other Environmental Initiatives

    Under the Assembly Plan, all State departments, agencies and public authorities will be required to phase-out the use of pesticides over the next three years. This will help reduce the number and severity of health problems linked to such pesticide use.

    In addition, the Assembly provides that any sale of surplus land be consistent with the recommendations of the State Land Acquisition Plan. This would ensure that the natural resource value of State-owned land is fully identified and considered before its sale.

    The Assembly plan provides for the preparation of statewide maps depicting cancer incidence using a unit of analysis specific enough to locate potential cancer clusters. Such maps will include overlays of sources of environmental, occupational and geographical risks.

    The Assembly plan provides $3,000,000 to fund various initiatives to improve the quality of New York State's environment and the health of its citizens.

    EPF - ENHANCED FUNDING.
    EPF - ESTABLISH MUNICIPAL OPEN SPACE ASSISTANCE PROGRAM.
    CW/CA BOND ACT - PURCHASE OF NON-DIESEL BUSES.
    SUPPORT FOR ENVIRONMENTAL INITIATIVES.
    $22,000,000
    $15,000,000
    $6,000,000
    $3,000,000
    CAPITAL
    CAPITAL
    CAPITAL
    ATL/GEN