2002 Yellow Book
Backward    Forward     Cover    Overview    Table of Contents
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 


                                  Adjusted     Executive
                             Appropriation       Request               Percent
                                   2001-02       2002-03        Change  Change


AGENCY SUMMARY
  General Fund                 104,083,800   107,300,800    3,217,000    3.09%
  Special Rev.-Fed.             94,822,400    93,369,000   (1,453,400)  -1.53%
  Special Rev.-Other           214,689,800   199,624,200  (15,065,600)  -7.02%
  Internal Service Fund             35,000        40,000        5,000   14.29%
  Capital Projects Fund         57,109,000    59,060,000    1,951,000    3.42%
  Capital Projects Fund -     
    Advances                     1,275,000     2,055,000      780,000   61.18%
  Environmental Protection Fund125,000,000   125,000,000            0    0.00%
  Capital Projects Fund - EQBA     
    (Bondable)                           0    14,804,000   14,804,000     --  
  Capital Projects Fund - PWBA     
    (Bondable)                           0     4,900,000    4,900,000     --  
  Capital Projects Fund-1996     
    CWA (Bondable)             169,582,000   142,418,000  (27,164,000) -16.02%
  Federal Capital Projects Fund151,910,000   149,100,000   (2,810,000)  -1.85%
  Remedial Program Transfer Fund90,000,000   105,000,000   15,000,000   16.67%
  Clean Water-Clean Air     
    Implementation Fund          2,592,000     3,219,000      627,000   24.19%
  Clean Air Fund                 3,000,000     3,000,000            0    0.00%
  Total for AGENCY SUMMARY:  1,014,099,000 1,008,890,000   (5,209,000)  -0.51%


STATE OPERATIONS
  General Fund                 104,077,500   107,294,500    3,217,000    3.09%
  Special Rev.-Fed.             94,822,400    93,369,000   (1,453,400)  -1.53%
  Special Rev.-Other           214,689,800   199,624,200  (15,065,600)  -7.02%
  Internal Service Fund             35,000        40,000        5,000   14.29%
  Total for STATE OPERATIONS:  413,624,700   400,327,700  (13,297,000)  -3.21%

Administration
  General Fund                   8,905,000     9,065,200      160,200    1.80%
  Special Rev.-Fed.             12,731,700    13,511,000      779,300    6.12%
  Special Rev.-Other             2,291,900     2,372,100       80,200    3.50%
  Internal Service Fund             35,000        40,000        5,000   14.29%
  Total for Program:            23,963,600    24,988,300    1,024,700    4.28%

Operations
  General Fund                  28,652,600    31,860,500    3,207,900   11.20%
  Special Rev.-Other            11,782,400    11,446,700     (335,700)  -2.85%
  Total for Program:            40,435,000    43,307,200    2,872,200    7.10%

Air and Water Quality Management
  General Fund                  11,794,200    11,020,400     (773,800)  -6.56%
  Special Rev.-Fed.             30,235,400    27,414,000   (2,821,400)  -9.33%
  Special Rev.-Other            67,969,700    71,833,000    3,863,300    5.68%
  Total for Program:           109,999,300   110,267,400      268,100    0.24%

Forest and Land Resources
  General Fund                  16,696,100    17,393,500      697,400    4.18%
  Special Rev.-Fed.             12,890,200    12,052,000     (838,200)  -6.50%
  Special Rev.-Other            19,390,700    20,472,300    1,081,600    5.58%
  Total for Program:            48,977,000    49,917,800      940,800    1.92%

Fish, Wildlife and Marine Resources
  General Fund                   7,739,500     8,925,300    1,185,800   15.32%
  Special Rev.-Fed.             19,427,700    20,000,000      572,300    2.95%
  Special Rev.-Other            28,823,700    31,105,800    2,282,100    7.92%
  Total for Program:            55,990,900    60,031,100    4,040,200    7.22%

Environmental Enforcement
  General Fund                  18,883,300    18,621,200     (262,100)  -1.39%
  Special Rev.-Other            29,074,400    29,900,100      825,700    2.84%
  Total for Program:            47,957,700    48,521,300      563,600    1.18%

Air Resources
  Special Rev.-Fed.              9,091,000     8,920,000     (171,000)  -1.88%
  Total for Program:             9,091,000     8,920,000     (171,000)  -1.88%

Construction Management
  Special Rev.-Fed.              4,018,600     4,086,000       67,400    1.68%
  Total for Program:             4,018,600     4,086,000       67,400    1.68%

Solid and Hazardous Waste Management
  General Fund                  11,406,800    10,408,400     (998,400)  -8.75%
  Special Rev.-Fed.              6,427,800     7,386,000      958,200   14.91%
  Special Rev.-Other            55,357,000    32,494,200  (22,862,800) -41.30%
  Total for Program:            73,191,600    50,288,600  (22,903,000) -31.29%

AID TO LOCALITIES
  General Fund                       6,300         6,300            0    0.00%
  Total for AID TO LOCALITIES:       6,300         6,300            0    0.00%

Administration
  General Fund                       6,300         6,300            0    0.00%
  Total for Program:                 6,300         6,300            0    0.00%

CAPITAL PROJECTS
  Capital Projects Fund         57,109,000    59,060,000    1,951,000    3.42%
  Capital Projects Fund -     
    Advances                     1,275,000     2,055,000      780,000   61.18%
  Environmental Protection Fund125,000,000   125,000,000            0    0.00%
  Capital Projects Fund - EQBA     
    (Bondable)                           0    14,804,000   14,804,000     --  
  Capital Projects Fund - PWBA     
    (Bondable)                           0     4,900,000    4,900,000     --  
  Capital Projects Fund-1996     
    CWA (Bondable)             169,582,000   142,418,000  (27,164,000) -16.02%
  Federal Capital Projects Fund151,910,000   149,100,000   (2,810,000)  -1.85%
  Remedial Program Transfer Fund90,000,000   105,000,000   15,000,000   16.67%
  Clean Water-Clean Air     
    Implementation Fund          2,592,000     3,219,000      627,000   24.19%
  Clean Air Fund                 3,000,000     3,000,000            0    0.00%
  Total for CAPITAL PROJECTS:  600,468,000   608,556,000    8,088,000    1.35%

Marine Resources
  Federal Capital Projects Fund  1,450,000     1,650,000      200,000   13.79%
  Total for Program:             1,450,000     1,650,000      200,000   13.79%

Air Resources - EQBA
  Capital Projects Fund - EQBA     
    (Bondable)                           0     5,810,000    5,810,000     --  
  Total for Program:                     0     5,810,000    5,810,000     --  

Water Resources - PWBA
  Capital Projects Fund - PWBA     
    (Bondable)                           0     4,900,000    4,900,000     --  
  Total for Program:                     0     4,900,000    4,900,000     --  

Solid Waste Management
  Capital Projects Fund            675,000       845,000      170,000   25.19%
  Total for Program:               675,000       845,000      170,000   25.19%

Environment and Recreation
  Environmental Protection Fund125,000,000   125,000,000            0    0.00%
  Total for Program:           125,000,000   125,000,000            0    0.00%

Fish and Wildlife
  Capital Projects Fund            200,000       400,000      200,000  100.00%
  Federal Capital Projects Fund  1,600,000       625,000     (975,000) -60.94%
  Total for Program:             1,800,000     1,025,000     (775,000) -43.06%

Lands and Forests
  Capital Projects Fund          2,782,000       650,000   (2,132,000) -76.64%
  Total for Program:             2,782,000       650,000   (2,132,000) -76.64%

Water Resources - EQBA
  Capital Projects Fund - EQBA     
    (Bondable)                           0     5,579,000    5,579,000     --  
  Total for Program:                     0     5,579,000    5,579,000     --  

Air Resources
  Clean Air Fund                 3,000,000     3,000,000            0    0.00%
  Total for Program:             3,000,000     3,000,000            0    0.00%

Administration
  Capital Projects Fund            500,000     1,000,000      500,000  100.00%
  Total for Program:               500,000     1,000,000      500,000  100.00%

Lands and Forests - EQBA
  Capital Projects Fund - EQBA     
    (Bondable)                           0        28,000       28,000     --  
  Total for Program:                     0        28,000       28,000     --  

Recreation
  Capital Projects Fund            350,000     2,350,000    2,000,000  571.43%
  Total for Program:               350,000     2,350,000    2,000,000  571.43%

Solid Waste Management - EQBA
  Capital Projects Fund - EQBA     
    (Bondable)                           0     3,387,000    3,387,000     --  
  Total for Program:                     0     3,387,000    3,387,000     --  

Operations
  Capital Projects Fund         14,060,000    16,615,000    2,555,000   18.17%
  Total for Program:            14,060,000    16,615,000    2,555,000   18.17%

Water Resources
  Capital Projects Fund         38,542,000    37,200,000   (1,342,000)  -3.48%
  Capital Projects Fund -     
    Advances                     1,275,000     2,055,000      780,000   61.18%
  Federal Capital Projects Fund148,860,000   146,825,000   (2,035,000)  -1.37%
  Total for Program:           188,677,000   186,080,000   (2,597,000)  -1.38%

Air Quality-Clean Water/Clean Air 96
  Capital Projects Fund-1996     
    CWA (Bondable)              12,000,000     6,000,000   (6,000,000) -50.00%
  Total for Program:            12,000,000     6,000,000   (6,000,000) -50.00%

Clean Water-CLean Water/Clean Air 96
  Capital Projects Fund-1996     
    CWA (Bondable)              87,582,000    46,918,000  (40,664,000) -46.43%
  Total for Program:            87,582,000    46,918,000  (40,664,000) -46.43%

Solid Waste-Clean Water/Clean Air 96
  Capital Projects Fund-1996     
    CWA (Bondable)              45,000,000    14,500,000  (30,500,000) -67.78%
  Total for Program:            45,000,000    14,500,000  (30,500,000) -67.78%

Environmental Restoration-Clean Water/Clean Air 96
  Capital Projects Fund-1996     
    CWA (Bondable)              25,000,000    75,000,000   50,000,000  200.00%
  Total for Program:            25,000,000    75,000,000   50,000,000  200.00%

Clean Water/Clean Air Administration
  Clean Water-Clean Air     
    Implementation Fund          2,592,000     3,219,000      627,000   24.19%
  Total for Program:             2,592,000     3,219,000      627,000   24.19%

Solid and Hazardous Waste Management
  Remedial Program Transfer Fund90,000,000   105,000,000   15,000,000   16.67%
  Total for Program:            90,000,000   105,000,000   15,000,000   16.67%



                                                                    
                                                                    
      

                         ALL FUNDS PERSONNEL
                        BUDGETED FILL LEVELS
                                                                    
                                                                    
      
                                   Current     Requested
Program                            2001-02       2002-03   Change
                                                                    
                                                                    
      
Administration                         317           315      (2)
Operations                             452           447      (5)
Air and Water Quality Management       782           778      (4)
Forest and Land Resources              406           410        4
Fish, Wildlife and Marine   
  Resources                            472           466      (6)
Environmental Enforcement              437           435      (2)
Rehabilitation and Improvement          54            54        0
Solid and Hazardous Waste   
  Management                           771           775        4
Clean Water/Clean Air   
  Administration                        40            40        0

Total General Fund :                 1,443         1,366     (77)
Total All Other Funds :              2,288         2,354       66

TOTAL:                               3,731         3,720     (11)
                                                                    
                                                                    
       


                          BUDGET HIGHLIGHTS
                   (Executive Budget: pp.105-115)

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 New York State's
residents.  DEC responsibilities also include implementing the $1.75
billion Clean Water/Clean Air Bond Act of 1996, administering previous
environmental bond act funds, and administering the State's
Environmental Protection Fund (EPF).

The Department is included in the Health, Mental Hygiene and
Environmental Conservation appropriation bill.

State Operations

The Executive proposes General Fund appropriations totaling
$107,294,500 in State Fiscal Year (SFY) 2002-03, reflecting a net
increase of $3,217,000 or 3.1 percent from SFY 2001-02.  Major General
Fund proposed increases include the following:

--     a $4,100,000 increase due to contractual salary obligations,
       longevity awards service and promotions;

--     a $3,862,000 increase for fixed costs in the Operations Program
       including contractual obligations and inflation, rent, taxes,
       operating and utility costs and payments for Certificates of
       Participation (COPS) for Department vehicles;

--     a $1,200,000 increase for a computerized license system in the
Conservation Fund;    

--     a $500,000 increase to support new recruits at the
Environmental Conservation Officer Academy;    

To partially offset these increases, the Executive recommends a
$2,142,000 decrease in the General Fund resulting from the shift of
New York City Watershed costs to the EPF.  In addition, the Governor
recommends General Fund savings resulting from the elimination of
positions or the shift of positions off the General Fund including:

--     a $1,531,000 decrease reflecting the elimination of thirty non-
       revenue generating positions due to attrition, vacancies, and
       consolidation;

--     a $1,120,000 decrease reflecting the shift of twenty pesticide
       positions to the Special Revenue Fund Other Environmental
       Regulatory Account;

--     a $1,000,000 decrease reflecting the shift of 15 positions to
the Clean Water State Revolving Loan Fund; and

--     a $400,000 decrease reflecting the shift of 10 Fish and
       Wildlife positions to the Federal Conservation and Reinvestment
       Act (CARA) Grant.

In addition, the Executive recommends a $280,000 decrease reflecting
the shift of indirect Article 10 costs related to the siting of
electric generating facilities to Special Revenue Fund Other utility
accounts. 
 
The Executive proposes Special Revenue Other appropriations totaling
$199,624,200, a decrease of $15,065,600 or 7 percent.  This decrease
is primarily related to the elimination of $27,100,000 in
appropriations from the Site Investigation and Construction Account
of the Hazardous Waste Remedial Fund which reflects the proposed
transfer of Superfund administration costs to a new Capital Projects
fund, the Remedial Program Transfer Fund (see below).  This decrease
is partially offset by the following:

--     a $2,564,200 increase from the Conservation Fund, including the
       Fund's subaccounts;

--     a $2,300,000 increase from the Environmental Regulatory Account
       related to a shift of 20 positions and additional pesticide
       program activities;

--     a $1,783,000 increase from the Environmental Monitoring Account
       which is utilized for monitoring activities at facilities
       subject to the jurisdiction of the Department;

--     a $1,500,000 increase from the Sewage Treatment Program
       Management and Administration Fund related to the transfer of
       support for 15 positions from the General Fund and the addition
       of two new positions;

--     a $1,096,100 increase from the Clean Air Fund, including
       $508,600 from the Mobile Source Account and $587,500 from
       Stationary Source Account;

--     a $788,100 increase from the Oil Spill Fund;

--     a $665,800 increase from the Recreation Account which provides
       services at DEC operated parks and campgrounds;

--     a $300,000 increase from the Great Lakes Protection Fund;

--     a $280,000 increase from the Utility Environmental Regulation
       Account partially due to the shift of indirect costs related to
       Article X electric generating siting proceedings from the
       General Fund;

--     a $253,000 increase related to the addition of seven staff
       positions for expanded gas lease activities; and

--     a $504,200 net increase related to other fixed cost increases
       and contractual obligations.

The Executive also proposes a Special Revenue Fund Federal
appropriation of $93,369,000 in SFY 2002-03, a decrease of $1,453,400
from SFY 2001-02.  This decrease can be primarily attributed to a
federal decrease in Environmental Conservation water grants and
federal Environmental Conservation Lands and Forest grants.

State Operations Recommended Deficiency

The Executive proposes a deficiency appropriation bill which would
increase SFY 2001-02 DEC All Funds State Operations appropriations by
a net of $12,716,000.  This is attributable to the following:

--     a $11,000,000 increase from the Hazardous Waste Remedial Fund,
       Site Investigation and Construction Account, which would
       facilitate the expenditure of funds made available by chapter
       188 of the Laws of 2001;

--     a $2,000,000 increase in appropriations from the General Fund
       for the Operations Program to support various costs from SFY
       2001-02 such as rent, taxes, operating and utility costs, and
       vehicle financing;

--     a $700,000 increase from the Natural Resources Account to allow
       the Department to access additional funds in the Account; and

--     a $984,000 decrease in General Fund appropriations related to
       the transfer of New York City Watershed costs to the
       Environmental Protection Fund.

Conservation Fund

The Executive proposes a total of $45,145,300 from the main account
of the Conservation Fund in SFY 2002-03, an increase of $2,224,800
from SFY 2001-02.  This level includes continued funding of $1,600,000
for costs associated with the operation and maintenance of the
Department's new automated computer license system, and $1,000,000 for
the Return a Gift to Wildlife Program.  Other Conservation Fund
appropriations include:

--     $73,500 from the Guides License Account;
--     $100,000 from the new Habitat Account which is proposed in
       Article VII legislation (see below);
--     $210,000 from the Surf Clam/Ocean Quahog Account;
--     $206,000 from the Migratory Bird Account; and
--     $2,275,200 from the Marine Resources Account, which includes
       $80,000 for the Department's Lobster Trap Tag Program.

The Executive estimates that the Conservation Fund will be in a
deficit absent measures to increase revenues in SFY 2002-03.  To that
end, the Executive proposes a deficiency transfer of $5,300,000 from
the General Fund, as well as Article VII legislation to increase fees
for resident, non-resident and lifetime sport hunting and fishing
licenses by an average of 26 percent.  It is estimated that this fee
increase would generate $5,900,000 in additional revenue for the Fund
in SFY 2002-03 and $9,200,000 annually thereafter.

Also, the Executive proposes Article VII legislation to:

--     Create a new Habitat Account within the Conservation Fund which
       would collect revenues derived from the sale of habitat stamps. 
       Revenues from this new Account would be used for fish and
       wildlife habitat management and for the improvement of public
       access for hunting, fishing and trapping activities;

--     Authorize license issuing officers to retain 1.1 percent of the
       gross proceeds from the sale of non-resident licenses and 5.5
       percent from the sale of all other licenses, stamps,
       certificates and permits rather than up to $1.00 over the
       license fee they are authorized to retain currently; and

--     Alter the terms and conditions of sporting licenses, including:
       permitting 14 and 15 year olds to obtain licenses to hunt big
       game with a firearm, establishing a new super-sportsman
       license, and extending the number of days that temporary
       resident and non-resident fishing licenses are valid from 3 and
       5 days respectively, to 7 days.

Pesticide Fees

The Executive proposes to increase pesticide fees through Article VII
legislation, which would also make such fees permanent and remove the
sunset on DEC's existing statutory requirement to process pesticide
product registration applications and make a final determination of
approval or denial within an established time frame.

It is estimated that the proposed fee increase will result in
additional revenues of $2,356,000 which would be deposited into the
DEC Regulatory Account.  Of this amount, $1,550,000 would be used to
shift the support for 20 staff positions from the General Fund to the
Environmental Regulatory Account, and $750,000 would be used to
support 11 new positions.  This new funding would support oversight,
pesticide applicator examination and training, non-toxic alternatives
to mosquito control and other West Nile prevention measures, and
expanded integrated pest management programs.  

The proposed fee increases are as follows: 


Fee Description *     Current Fee    New Fee   SFY 2002-03
Additional Revenue
Business Registration - 1977    $50  $150 $430,000
Commercial Applicator -1983     $15 triennial  $75 per annum  
$1,615,000
Private Applicator - 1983  $15 triennial  $15 per annum  $95,000
Certification Exams - 1983      $10 each exam       $50 each exam  
$172,000
Commercial Permits -1983   $50 biennial   $150 per annum $44,000
Total Additional Pesticide Revenues       $2,356,000
* Year denotes when fee was last raised.

Aid to Localities

The Executive proposes total local assistance funding of $6,300 in SFY
2002-03, for the Village of Pulaski to construct sewer collection
systems.  No additional local assistance funding is provided.  In
addition, the Executive proposes to shift $1,507,000 in funding for
the Water Commissions (Interstate Environmental, Susequehanna River
Basin, Ohio River Basin, New England Interstate, Delaware River Basin,
and Great Lakes) and for Adirondack Landfills (Essex and Hamilton
Counties) into the Environmental Protection Fund for SFY 2001-02
(deficiency transfer) and SFY 2002-03.  
Capital Projects

The Executive includes Capital Projects Fund appropriations totaling
$608,556,000 in SFY 2002-03, a $8,088,000 or 1.4 percent increase from
SFY 2001-02, which includes standard capital support for various
infrastructure improvement projects at State campground facilities,
education centers and other sites as well as various shore protection
and flood control projects.    

Specifically, the Executive provides funding to support the following:

--   $125,000,000 from the Environmental Protection Fund;

--   $142,418,000 from the 1996 Clean Water/Clean Air Bond Act,
     excluding $70,000,000 for the Safe      Drinking Water Revolving
     Loan Fund which is included in the Department of Health;

--   $3,219,0000 for personnel costs associated with the
implementation of the 1996 Bond Act;

--   $146,825,000 in Federal projects funding to capitalize the Clean
Water State Revolving Fund (CWSRF);

--   $29,365,000 in State match for the CWSRF;

--   $105,000,000 from a new Remedial Program Transfer Fund;

--   $29,695,000 in new Capital Projects Fund appropriations for
     health and safety compliance with State and Federal laws and
     environmental requirements;

--   $14,804,000 from the 1972 Environmental Quality Bond Act (EQBA)
     for Air and Water Resources, Lands and Forests, and Solid Waste
     Management projects;

--   $4,900,000 from the 1965 Pure Waters Bond Act (PWBA) for Water
     Resources projects;

--   $3,000,000 from the Clean Air Fund for the implementation and
     administration of the Clean Air Mobile Source Program;

--   $2,275,000 in Federal Capital Projects Fund appropriations for
     the federal share of property acquisition and landfill costs;
     and
 
--   $2,055,000 in Capital Projects Fund advance appropriations for
shore protection and dam safety.

State Superfund

The Executive proposes a new $138,000,000 pay-as-you-go remediation
program funded by a new Remedial Program Transfer Fund.  The Fund
would be supported as follows:

--   $69,000,000 from the General Fund; and
--   $69,000,000 from industry sources, estimated as follows:
--   $13,000,000 in existing Superfund fees (Generator Fees and
Special Assessments);
--   $5,100,000 in Superfund Cost Recoveries;
--   $18,100,000 from a new Hazardous Waste Generator Surcharge;
--   $25,300,000 in existing Petroleum Fees which are currently
     deposited in the Oil Spill Fund;
--   $6,500,000 in Petroleum Cost Recoveries which are currently
     deposited in the Oil Spill Fund; and
--   $1,300,000 from an increase in Petroleum Bulk Storage Fees.

Under this new Program, the statutory Inactive Hazardous Waste
Disposal Site (State Superfund) and Oil Spill Programs would be
merged with the Department of Environmental Conservation's
administrative Voluntary Cleanup Program (which would be codified)
to create a single set of clean-up standards.  This would be
accomplished through Article VII legislation which, generally,
would:

--   include "hazardous substances" within the definition of
     "hazardous waste";
--   create various liability releases and exemptions;
--   establish new standards for level of clean-up;
--   establish a new Brownfield Redevelopment Area Program; and
--   provide funding sources and financial incentives.

The Executive proposes to transfer $33,000,000 from the new
Transfer Fund to support the Oil Spill Program (currently supported
100 percent by industry sources), which is equivalent to the amount
of revenues redirected from the Oil Spill Fund to the new Transfer
Fund.  The remaining $105,000,000 would be utilized to support the
Executive's revised Superfund Program and Voluntary Cleanup
Program, as follows:

--   $90,000,000 for Superfund projects;
--   $8,000,000 to support the Voluntary Cleanup Program; and
--   $7,000,000 for citizen participation and brownfield
     redevelopment area grants. 

Brownfields

The Executive proposes amendments to the Environmental Restoration
Program (Brownfields) of the 1996 Clean Water/Clean Air Bond Act
through Article VII legislation.  Specifically the legislation
would:

--   eliminate the ownership before investigation requirement; 
--   increase the State share to 90 percent and 100 percent for
     "off-site" contamination;
--   allow municipalities to leverage Federal or other assistance
     to fund their 10 percent share; 
--   permit municipal cost recovery prior to State reimbursement
     and eliminate the profit sharing requirement; 
--   allow the State not to recover its costs from responsible
     parties whose liability arises solely from ownership of the
     property after hazardous waste was disposed of at the
     property; and
--   allow interim remedial measures to be used in non-emergency
     cases without public participation and without requiring full
     cleanup of contamination.

The Executive proposes a Brownfields Redevelopment Tax Credit
consisting of two components: a site preparation costs tax credit
and a tangible property tax credit.  Developers of brownfields
would be allowed to claim the credits under the Utility Tax,
Corporate Franchise Tax, Bank Tax, Insurance Tax and Personal
Income Tax.  Site acquisition costs would not be eligible. 
Additionally, the Executive proposes a real property tax credit for
developers of upstate brownfield sites (located outside the
Metropolitan Commuter Transportation District) that have already
been remediated. A small qualified site (between 10 and 100 acres)
would be eligible for a benefit period of 14 years and a large
qualified site (more than 100 acres) would be eligible for a
benefit period of 19 years. 

Environmental Protection Fund

The Executive recommends an appropriation level of $125,000,000
from the Environmental Protection Fund (EPF) for SFY 2002-03.  This
level of funding is in addition to the $125,000,000 appropriation
included in the Executive's proposed deficiency bill for SFY 2001-
02.  The Executive proposes these appropriations as lump-sum
amounts for each of the accounts within the EPF, which if enacted,
would provide no statutory guidance on the allocation of money to
be spent on each EPF category.

The Executive proposes a transfer of $100,000,000 from the EPF
balance to the General Fund in SFY 2002-03.  The Executive projects
the EPF balance will be $280,826,000 on April 1, 2002.  In SFY
2002-03 receipts are projected at $129,800,000 and disbursements
are projected at $125,000,000, resulting in a closing balance of
$185,626,000 on March 31, 2003, after the proposed $100,000,000
transfer.

In addition, the Executive proposes numerous new project categories
and amendments to the EPF statute (discussed below in the Article
VII section).  The Executive's proposed funding levels represents
$58,400,000 in cost shifts and the addition of new purposes to the
EPF over two years, as follows:

--   $900,000 to subsidize the cost of waste disposal in the
Adirondacks;
--   $2,000,000 for the Historic Barns Program;
--   $9,904,000 for Zoos, Botanical Gardens and Aquaria;
--   $400,000 for the Peconic Bay Estuary;
--   $10,000,000 for the Onondaga Lake Cleanup;
--   $3,126,000 for New York City Watershed protection activities; 
--   $2,114,000 to support the costs of the State's environmental
and water commissions; and
--   $29,956,000 to support DEC capital projects, which are
currently funded by the Capital Projects Fund.

Although the appropriations are presented as lump-sums, the
Executive maintains that in 2002-03, the EPF would be allocated as
follows (the deficiency allocations for 2001-02 would be identical,
unless otherwise noted):

Solid Waste and Hazardous Waste Account

--   $3,750,000 for municipal waste reduction or recycling
projects;
--   $3,750,000 for secondary materials marketing assistance
projects; 
--   $1,300,000 for natural resource damages;
--   $2,250,000 for the Pesticides Program, including the Cornell
     Breast Cancer/Environmental Risks Program; and
--   $450,000 to subsidize the cost of waste disposal in the
Adirondacks.

Parks, Recreation and Historic Preservation Account

--   $5,000,000 for local waterfront revitalization projects;
--   $5,000,000 for municipal parks, recreation and historical
preservation projects;
--   $15,000,000 for the Hudson River Park;
--   $6,500,000 for State parks and lands infrastructure and
stewardship projects;
--   $1,000,000 for the Historic Barns Program; and
--   $4,952,000 for Zoos, Botanical Gardens and Aquaria.

Open Space Account

--   $33,000,000 for land acquisition;
--   $6,000,000 for county agriculture and farmland protection
activities;
--   $5,825,000 for the Hudson River Estuary Management Plan;
--   $750,000 for biodiversity stewardship and research;
--   $4,000,000 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;
--   $325,000 for the Albany Pine Bush Preserve Commission;
--   $700,000 for the Long Island Central Pine Barrens Planning
Commission;
--   $350,000 for the Long Island South Shore Estuary Reserve;
--   $200,000 for the Peconic Bay Estuary;
--   $5,000,000 for the Onondaga Lake Cleanup;
--   $2,142,000 for New York City Watershed protection activities
     (the Governor proposes $984,000 for this purpose from the
     2001-02 deficiency bill); 
--   $1,057,000 to support the costs of the State's environmental
and water commissions; and
--   $14,399,000 to support DEC capital projects, which are
     currently funded by the Capital Projects Fund (the Governor
     proposes $15,557,000 for this purpose from the SFY 2001-02
     deficiency bill).

Clean Water/Clean Air Bond Act of 1996

The Executive recommends new appropriations totaling $212,418,000
from the 1996 Clean Water/Clean Air Bond Act, a year-to-year
decrease of $7,164,000.  This appropriation level would exhaust the
remaining bonding authority of $1.75 billion provided under the
Bond Act.

The Executive proposes allocating the Bond Act appropriations
according to the following schedule:

--   $70,000,000 for Safe Drinking Water.  This appropriation is
     included in the Department of Health's budget, for deposit in
     the Safe Drinking Water State Revolving Loan Fund (DWSRF);

--   $75,000,000 for Environmental Restoration projects;

--   $6,000,000 for Air Quality projects, to be allocated as
follows:

     --   $4,000,000 for Clean-fueled buses projects; and
     --   $2,000,000 for Clean-fueled vehicle projects.

--   $46,918,000 for Clean Water projects, to be allocated as
follows:

     --   $1,334,000 for Hudson River water quality improvement
projects;
     --   $21,000,000 for Long Island Sound water quality
improvement projects;
     --   $1,142,000 for New York Harbor water quality improvement
projects;
     --   $3,372,000 for Finger Lakes water quality improvement
projects;
     --   $7,500,000 for Peconic and South Shore Estuary water
quality improvement projects;
     --   $1,881,000 for State Facility Environmental quality
     improvement projects;
     --   $2,575,000 for Small Municipal Wastewater and Flood
Control projects;
     --   $4,000,000 for Dam Safety Projects;
     --   $2,300,000 for Municipal Parks projects, Historic
          Preservation and Heritage Area projects; 
     --   $1,814,000 for State Parks projects; and

--   $14,500,000 for Solid Waste projects, to be allocated for
Municipal Recycling projects.

Article VII Proposals

The Executive proposes legislation which would:

--   Permanently extend DEC's authority to collect fees on bushels
     of surf clams and ocean quahogs taken from the State's
     certified waters, which currently generates an annual revenue
     of approximately $45,000.  The fee expired on January 1, 2002;

--   Refinance and alter the State Superfund;

--   Amend the Environmental Restoration Program (Brownfields) of
     the Clean Water/Clean Air Bond Act;

--   Increase fees for sport hunting and fishing licenses for both
     residents and non-residents and make other programmatic
     changes;

--   Permanently authorize the use of the EPF for stewardship and
     parks infrastructure projects, the assessment of natural
     resource damages in the Hudson River, the implementation of
     the Hudson River Estuary management plan, county soil and
     water conservation district activities, the Hudson River Park
     Project, historic barns projects, Peconic Bay projects, and
     beneficial end-use projects at closed municipal landfills; 

--   Increase the reimbursement rate for EPF landfill closure
     grants from 75 percent to 90 percent for municipalities with
     populations less than 3,500;

--   Increase the reimbursement rate for non-agricultural non-point
     source abatement and control grants from 50 percent to 75
     percent and expand the definition of "municipality" for such
     purpose; and

--   Increase pesticide fees, make such fees permanent, and remove
     the sunset on DEC's existing statutory requirement to process
     pesticide product registration applications and make a final
     determination of approval or denial within an established time
     frame.

New York State Assembly
[Welcome] [Reports]