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 implementing the $1.75 billion Clean Water/Clean Air Bond Act of 1996, in addition to administering previous environmental bond act funds and the State's Environmental Protection Fund (EPF).

Year-to-Year Change

On an All Funds basis, the Governor proposed a State Operations appropriation increase of $3,177,800 or 0.9 percent. The Governor proposed decreasing Aid to Localities appropriations by $1,942,802 or 78.5 percent.

The Governor proposed Capital Projects appropriations totaling $694,727,000, an increase of $141,308,000. However, of this amount $68,950,000 is related to the appropriation of Environmental Protection Fund (EPF) revenues, which were vetoed by the Governor in 1998-99. In addition, $30,000,000 of the year-to-year increase is related to a new Federal appropriation for Superfund and $12,981,000 is related to Federal monies for the Clean Water Revolving Loan Fund program.

Legislative Changes

The Assembly plan reduces Administration and Executive Direction funding by $500,000. It is anticipated that the Department will underspend its 1998-99 Administration Program appropriation by $300,000. This underspending, in conjunction with a proposed increase of $140,400 and the current administrative reshuffling, will allow the Department to absorb this modest reduction.

The Governor proposes $495,000 to support pre- and post-closure costs associated with Adirondack landfills. This funding would represent the award of monies to subsidize waste disposal costs, in violation of State solid waste policy favoring recycling, and without any competitive review. The Assembly plan does not include this funding as it would set a bad precedent and single out a specific region for a need shared by communities Statewide.

The Governor proposes a deficiency transfer of $10,000,000 from the General Fund to the Oil Spill Fund. The Assembly plan does not support this transfer as expenditures made from the fund are supposed to be reimbursed by parties responsible for oil spills. Instead, the Assembly maintains the use of a STIP loan to keep the fund solvent.

The Assembly provides $700,000 in additional funding to support twenty positions at the Department of Law which will focus on the recovery of costs and assessed penalties related to oil spill cleanups from responsible parties. The uncollected claims, represented as accounts receivables, presently totals $88.4 million. It is anticipated that the Assembly's initiative has the potential to generate $12,000,000 in revenues through the litigation of outstanding claims. However, this amount is not included in the Assembly's financial plan, as the refinancing of the Oil Spill Fund will be considered in conjunction with the State's other environmental remediation programs.

Legislative Proposals

The Assembly environmental budget plan is aimed at ensuring the health and safety of New Yorkers, and protecting the environment. The plan:

-- encourages environmental awareness and takes significant steps toward fostering public health concerns arising from environmental damages, including reducing exposure to pesticides;

-- prevents discrimination in the application of environmental regulations and the siting of environmental facilities;

-- improves the remediation of environmental pollution, including the cleanup of hazardous substance sites;

-- provides for the protection of the State’s natural resources and allocates funds to protect the environment; and

-- creates opportunities for job creation consistent with environmental protection.

Implementation of the Assembly proposal will greatly enhance the State’s ability to meet the health and environmental challenges of the next century.

Environmental Protection Fund (EPF)

The Assembly takes actions to ensure that the environmental integrity of the Environmental Protection Fund (EPF) is maintained. At the same time, the Assembly proposal maximizes environmental benefits and public welfare. The Assembly provides $125,000,000 in funding from the EPF, allocated as follows:

Solid Waste Account

-- $9,000,000 for landfill closures;

-- $6,500,000 for municipal waste reduction or recycling projects;

-- $8,800,000 for waste prevention and secondary materials marketing assistance projects, including $1,300,000 for capital costs associated with the assessment of natural resource damages in the Hudson River; and

-- $3,600,000 for the pesticides program.

Parks, Recreation and Historic Preservation Account

-- $8,000,000 for local waterfront revitalization projects; and

-- $35,650,000 for parks projects, including $21,000,000 for Hudson River Park and $5,000,000 for projects located in densely populated areas.

Open Space Account

-- $39,000,000 for land acquisition, including $5,000,000 for acquisitions in densely populated areas, and $7,000,000 for implementation of the Hudson River Estuary Management Plan. The Assembly adds Long Island Sound Coastal Area-Grandifolia Sand Hills to the land acquisition list, as well as projects included in 1998-99, but excluded by the Governor in 1999-00. Unspecified acquisition categories are omitted and replaced with specific projects such as Working Forest Lands/Conservation Easements - Champion International Inc. and Working Forest Lands/Conservation Easements-Domtar Inc.;

-- $300,000 for biodiversity stewardship and research;

-- $6,000,000 for county agriculture and farmland protection activities;

-- $6,900,000 for non-point source abatement and control projects, including funding for soil and water conservation districts and the Finger Lakes – Lake Ontario Water Protection Alliance;

-- $250,000 for the Albany Pine Bush Preserve Commission;

-- $700,000 for the Long Island Central Pine Barrens Planning Commission; and

-- $300,000 for the Long Island South Shore Estuary Reserve.

The Assembly plan does not establish new permanent categories as proposed by the Governor. The resources available in the EPF are limited and should not be used to support unnecessary categories.

In 1998-99, the Governor vetoed $34,475,000 in appropriations from the Environmental Protection Fund. A commensurate level of revenues was collected, leaving that amount unallocated from the EPF. The Assembly plan allocates the vetoed amounts as follows:

Solid Waste Account

-- $3,000,000 for waste prevention and secondary materials projects to be allocated to support an environmental technology and pollution control center, and an alternative fuel vehicle refurbishing and production center; and

-- $1,200,000 for the pesticides program, which will be used for programs to reduce exposure to pesticides.

Parks, Recreation and Historic Preservation Account

-- $3,000,000 for local waterfront revitalization projects, including funding for projects in Oyster Bay and Rensselaer County; and

-- $10,250,000 for parks projects, including funding for projects at State Parks, environmental education camps, the Hart-Cluett Mansion and the Darwin Martin House.

Open Space Account

-- $16,000,000 for land acquisition, including $10,000,000 for the acquisition of Graniteville Quarry, Eastern District Terminal and Pine Barrens properties, $5,000,000 for the implementation of the Hudson River Estuary Management Plan, and funding for the replacement of diseased trees;

-- $900,000 for non-point source abatement and control projects to be allocated for reimbursement to soil and water conservation districts, including costs incurred prior to April 1, 1999;

-- $25,000 for the Albany Pine Bush Preserve Commission; and

-- $100,000 for the Long Island Central Pine Barrens Planning Commission.

Clean Water/Clean Air Bond Act

The Assembly plan improves the 1996 Clean Water/Clean Air Bond Act and enhances accountability in its implementation through the establishment of reporting requirements. Stewardship projects on lands purchased through the EPF and Bond Act are added under State Facility projects, and the inventory, investigation and analysis of privately owned brownfield sites are included in the Environmental Restoration program. Finally, a technical amendment regarding the inclusion of zoos, botanical gardens and aquaria projects, which were unintentionally omitted when the original statute was passed, is provided in the Assembly plan.

The Assembly provides $283,000,000 in Bond Act funding as follows:

-- $50,000,000 for Safe Drinking Water, included in the Department of Health's Budget;

-- $12,500,000 for Environmental Restoration projects, including $2,500,000 for the inventory, investigation and analysis of privately-owned parcels;

-- $37,000,000 for Air Quality projects, allocated as follows:

-- $4,000,000 for State Clean-fueled vehicle projects;

-- $8,000,000 for Clean-fueled buses projects; and

-- $25,000,000 for Clean Air for Schools projects.

-- $169,500,000 for Clean Water projects, allocated as follows:

-- 4,000,000 for Hudson River water quality improvement projects;

-- $50,000,000 for Long Island Sound water quality improvement projects;

-- $2,000,000 for Lake Champlain water quality improvement projects;

-- $20,000,000 for Onondaga Lake water quality improvement projects;

-- $2,000,000 for New York Harbor water quality improvement projects;

-- $1,000,000 for Great Lakes water quality improvement projects;

-- $7,000,000 for Finger Lakes water quality improvement projects;

-- $7,000,000 for Peconic and South Shore Estuary water quality improvement projects;

-- $10,500,000 for State Facility projects, including $8,500,000 for stewardship projects on lands purchased with EPF and/or Bond Act funds;

-- $2,000,000 for Municipal Wastewater Treatment improvement projects and municipal flood control projects;

-- $2,000,000 for Environmental Compliance Assistance projects -- water quality;

-- $2,000,000 for Dam Safety Projects;

-- $40,000,000 for Open Space Land Conservation projects;

-- $10,000,000 for Municipal Park, Historic Preservation and Heritage Area projects; and

-- $10,000,000 for State Parks projects; and

-- $14,000,000 for Solid Waste projects, allocated as follows:

-- $5,000,000 for the Fresh Kills Landfill Closure project;

-- $1,500,000 for Municipal Landfill projects; and

-- $7,500,000 for Municipal Recycling projects.

Environmental Fees

The Governor proposed increasing Clean Air Operating Permit fees from $25 (adjusted by the change in CPI) per ton of regulated emission to $48 (flat fee) per ton. The Assembly plan rejects this fee increase. Analysis of current revenues and spending patterns, including consideration of the Clean Air Fund balance, shows that this fee increase is unnecessary. In addition, the Department has yet to issue its annual report regarding the Operating Permit program, which was due in September 1998. In addition, the Assembly plan continues the clean fuel fleet requirement proposed for elimination by the Governor.

The Governor also proposed doubling both the per barrel fee on petroleum imports and the fees on petroleum storage facilities. These revenues are deposited into the Oil Spill Fund, which is used to remediate oil spills. The Assembly plan does not endorse these fee increases.

State Superfund

The Assembly plan makes a technical correction to the current State Superfund statute in order to make Hazardous Substance Sites eligible for funding. These sites pose a significant threat to the environment and public health, but are ineligible for Superfund cleanup due to this technical flaw. Under the Assembly proposal, the State will be able to commence cleanup of these sites in 1999.

Funding is provided for a new hazardous waste citizen participation grant program. This will assist local citizens in acquiring the technical knowledge necessary to make informed judgments regarding site cleanups.

The Assembly plan provides that the State may recover damages against polluters who have severely impaired the State's natural resources. Specifically, Natural Resources Damages suits will ensure that polluters are held accountable, not only for cleanup, but for the irreparable harm they have caused.

The Assembly also provides funding through the Centers for Advanced Technology program to be used for the research and development of innovative technologies to aid in the remediation of Superfund sites. This will potentially improve and expedite the cleanup of these sites, and do so at lower costs.

Environmental Justice

The Assembly provides for the equitable distribution among communities in the State in the siting of environmental facilities. Before a permit for a new environmental facility is granted, the Department must consider whether a disproportionate burden is placed on minority or economically distressed communities. DEC will use a survey indicating the location and type of environmental facilities in the State when making such a consideration. Funding is provided for this survey, as well as for the development of a database.

Environmental Health

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, funding is provided for cancer mapping in the Department of Health. Under the Assembly proposal, the Department will prepare 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.

Natural Resource Protection

The Assembly plan provides local government assistance in order to further natural resource protection. Funding is included to support Statewide smart growth demonstration programs. It is anticipated that such programs will be undertaken in the lower Hudson region, Long Island and Western New York. In addition, the Assembly includes funding to assist municipalities in the review of applications for the siting of wireless telecommunication towers, in order to protect scenic and environmental values.

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.

Environmental Awareness

The Assembly includes funding for environmental education through the establishment of green science grants administered by the State Education Department. These grants would be available to school districts in order to make progress toward meeting Regents standards while providing education in environmental awareness.

In addition, funding is included to support environmental summits Statewide. Presently, there are large numbers of grass-roots environmental organizations across the State which could become a potent force for environmental progress if they took a unified approach to issues of Statewide importance.

Adirondack Initiatives

The Assembly includes funding within DEC to support a series of Adirondack initiatives. These include the reinstitution of the Community Assistance Planning Program at the Adirondack Park Agency, the cleanup of the Saranac Lake fish hatchery, and infrastructure and repair costs associated with the bridge at Great Camp Sagamore and the Adirondack Research Library at the Paul Schaefer property.

In addition, the Assembly initiative will support a Temporary Study Commission on Tourism Development in the Adirondack Park. This Commission will develop, in cooperation with local community leaders, a cohesive image of the Adirondack Park, both as a park and as a tourism resource. The Assembly also creates a Special Revenue - Other Fund which will be used to support Adirondack Park Agency operations.

Environmental Funding Additions

Specific funding added to the Department of Environmental Conservation budget is as follows: