Department of Environmental Conservation

 

 

Revisions as of January 30, 2004 based on Assembly’s analysis:

 

·        It is our understanding that the increase in the current FTE level does not represent filled positions.  However, according to the Assembly’s analysis, 35 new positions are necessary to assist in the implementation of the Superfund/Brownfields legislation enacted in SFY2003-04.  Thus, a combination of the 19 new and 25 currently unfilled FTEs detailed below will be necessary to implement the Superfund/Brownfields legislation.

·        Shifts $1.19 million to from the General Fund to the Environmental Enforcement Account (Special Revenue – Other) to support personal service costs.

·        Proposes a $1 million increase in anticipated funding for Flood Plain Mapping grants.  Historically, these funds appear to be used to fund RACNE/IAGT positions rather than DEC positions

·        The proposed decrease of $4.8 million maintenance undistributed in the Forest and Land Program referenced below  supported FTEs as follows: 40 DEC, 37 Ag & Mkts, and one Parks. There is a personal services add of $2.4 million in the Forest and Land Resources Program that has no impact on the FTE level.  This add may be helping to offset the loss of the maintenance undistributed referred to above.  These issues should be clarified with DEC management.

 

 

The Executive Budget recommends (analysis as of January 23, 2004):

 

·        A year-end FTE level of 3,345, which represents an increase of 19 FTEs from the Governor’s current estimated FTE level for 3/31/03.  However, the current estimate is actually 25 FTEs higher than the number projected in last year’s budget

·        Changes in FTE levels are as follows:  Decrease of 16 FTEs in the Air and Water Quality Management Program (SRF), increase of 4 FTEs in the Environmental Enforcement Program (SRO), decrease of 4 FTEs in the Operations Program (General Fund) and an increase of 35 FTEs in the Solid and Hazardous Waste Mgmt Program (Capital Projects Funds – Other).  All decreases will be achieved through attrition.

·        Proposes an All Funds decrease of $16 million or 3.7%.  However, this is offset by a $30 million increase in Capital Projects in the Solid and Hazardous Waste Management Program which will fund the 35 FTEs added to the program.

·        Eliminates the SRO for Site Investigation & Construction in the Solid & Hazardous Waste Program ($28 million).  However, it appears that undistributed Environmental Protection Funds (EPF) funds necessary to support the program have been shifted to Capital Projects Funds – Other.  (see previous bullet)  Environmental groups have criticized use of EPF funds for this purpose.

·        Continuing the trend of shifting funding of positions from the General Fund to either Special Revenue Federal (SRF) or Special Revenue Other (SRO) or Capital Projects.  The General Fund now funds approximately 24 percent of the FTEs, while 56 percent are supported by State fees and other revenues and the remaining 20 percent are financed by Federal Funds.

·        Proposal has several increases to fringe benefits that are out of proportion to the personal service increase.  There is no explanation for this disparity; this issue should be clarified with DEC management.

·        Recommends a transfer of $10 million from the Environmental Protection Fund (EPF) to the General Fund.  According to the Division of Budget, this transfer will not affect current or future EPF project commitments.

·        Recommends increases in fees charged for the regulation of the discharge of storm water run-off into NYS waters associated with construction activities and for fees to regulate the discharge of air pollutants.

·        Recommends an increase to the $45 registration fees for ATVs and snowmobiles to provide $7.5 million in funding for the Snowmobile Trail Development and Maintenance Fund and the newly established ATV Program.  These funds will support trail development and related maintenance and enforcement activities and offset increased costs of oversight.  Additionally, these fee increases will also generate $5.9 million in additional General Fund revenues.

·        Recommends a decrease of $2.4 million for contractual services in the Fish, Wildlife and Marine Resources Program ($1.1 million) and the Solid and Hazardous Waste Management Program ($1.3 million).

·        Proposes legislation to amend the Waste Tire Management Recycling Act to impose a recycling fee of $2.50 on new motorcycle and ATV tire sales.  This bill is expected to generate approximately $300,000 in revenue for the proposed DEC budget.  Revenue in this account is increased by $9.8 million from the previous fiscal year (03-04).

·        Proposes a decrease of $4,891,000 maintenance undistributed in the Forest & Land Program.  The $4.8 million was added to the SFY 03-04 budget by the Legislature for personal services, fringe benefits, and other indirect costs related to projects and purposes authorized to receive funding from the open space account of the Environmental Protection Fund, including sub allocation to the Department of Agriculture & Markets and the Office of Parks, Recreation and Historic Preservation.

·        There is a reduction of $1 million in personal services in the Air & Water Quality Program associated with Spills Management (SRF).  The attrition of 16 FTEs in this program appears to be associated with this reduction.

·        There are a number of unexplained increases or decreases to personal service or fringe benefit appropriations that appear to have little or no impact on the targeted number of FTEs for the associated program.  For example, there is a reduction of $2 million in personal services in the Administration Program associated with the Indirect Cost Account (SRF), but there is no reduction in the projected number of FTEs associated with SRF in the Administration Program.  The personal services reduction in the Environmental Enforcement Program ($979,000) appears to be mitigated by an increase in personal services of $2.3 million in the Environmental Regulatory Account (SRO) which more than accommodates the increase of 4 FTEs.  There is also a $1 million increase in fringe benefits for this account.  Finally, there is a personal services add of $2.4 million in the Forest and Land Resources Program that has no impact on the FTE level.  This add may be helping to offset the loss of the maintenance undistributed referred to above.  These issues should be clarified with DEC management.

·        Proposes amending and restructuring air regulatory fees by setting a minimum annual fee of $1,250 for Title V facilities.

·        Proposes amending the EPA to expand the purposes for which the EPF may be used.  Specifically, the amendment would allow the EPF to be used for State Parks and Lands Infrastructure projects to preserve, improve, or rehabilitate State Parks and lands resources; assessment of natural resource damages in the Hudson River; implementation of the Hudson River Estuary Mgmt Plan, county Soil and Water Conservation District activities and other projects.  Additionally the State Finance Law would be amended to authorize transfers of up to $278 million from the General Fund.  This is necessary to reflect a $10 million sweep proposed in the 2004-05 Executive Budget.

·        Proposes amending the Environmental Conservation Law (ECL) so that fees for storm water management permits are based on acreage rather than a flat fee.

·        Proposes legislation to permanently extend authorization for fees related to petroleum bulk storage.  Absent enactment, insufficient revenues will be available to continue Oil Spill Program activities, including the inspection of petroleum bulk storage facilities, immediate response to petroleum spills, and oversight of the remediation of the spills to protect the environment and public health and safety.

 

 

Department of Environmental Conservation

Program Details-State Operations

 

Enacted

Proposed

Change in

Percent

Program

2003-04 Budget

2004-05 Budget

Appropriation

Change

All Funds

$436,141,800

$419,999,900

($16,141,900)

-3.7%

General Fund

$104,212,000

$99,653,900

($4,558,100)

-4.4%

Special Revenue-Federal

$86,928,000

$83,018,000

($3,910,000)

-4.5%

Special Revenue-Other

$244,956,800

$237,283,000

($7,673,800)

-3.1%

Internal Service

$45,000

$45,000

$0

0.0%

 

 

 

_

_

Administration

$25,254,000

$23,483,000

($1,771,000)

-7.0%

Personal Service

$7,648,000

$7,959,000

$311,000

4.1%

Nonpersonal Service

$1,660,000

$1,630,000

($30,000)

-1.8%

Internal Service Funds

$45,000

$45,000

$0

0.0%

Special Revenue-Federal (SRF)

$13,350,000

$11,128,000

($2,222,000)

-16.6%

Special Revenue-Other (SRO)

$2,551,000

$2,721,000

$170,000

6.7%

 

 

 

_

_

Indirect Cost Acct - (SRF)

$13,350,000

$11,128,000

($2,222,000)

-16.6%

Personal Service

$9,000,000

$7,000,000

($2,000,000)

-22.2%

Nonpersonal Service

$1,132,000

$1,132,000

$0

0.0%

Fringe Benefits

$3,218,000

$2,996,000

($222,000)

-6.9%

 

 

 

_

_

ENCON Magazine (SRO)

$1,243,000

$1,356,000

$113,000

9.1%

Personal Service

$128,000

$164,000

$36,000

28.1%

Nonpersonal Service

$1,063,000

$1,116,000

$53,000

5.0%

Fringe Benefits

$52,000

$76,000

$24,000

46.2%

 

 

 

_

_

Conservation Fund - (SRO)

$1,308,000

$1,365,000

$57,000

4.4%

Personal Service

$701,000

$708,000

$7,000

1.0%

Nonpersonal Service

$324,000

$331,000

$7,000

2.2%

Fringe Benefits

$283,000

$326,000

$43,000

15.2%

 

 

 

_

_

Air & Water Quality

$119,438,000

$122,997,000

$3,559,000

3.0%

Personal Service

$7,149,000

$8,028,000

$879,000

12.3%

Nonpersonal Service

$1,079,000

$1,079,000

$0

0.0%

Special Revenue-Federal (SRF)

$37,708,000

$37,090,000

($618,000)

-1.6%

Special Revenue-Other (SRO)

$73,502,000

$76,800,000

$3,298,000

4.5%

 

 

 

_

_

Fed Env Con Air Resources - (SRF)

$8,440,000

$8,000,000

($440,000)

-5.2%

Personal Service

$4,420,000

$3,650,000

($770,000)

-17.4%

Nonpersonal Service

$2,440,000

$2,876,000

$436,000

17.9%

Fringe Benefits

$1,580,000

$1,474,000

($106,000)

-6.7%

 

 

 

_

_

Spills Management - (SRF)

$5,662,000

$4,468,000

($1,194,000)

-21.1%

Personal Service

$3,440,000

$2,400,000

($1,040,000)

-30.2%

Nonpersonal Service

$992,000

$1,040,000

$48,000

4.8%

Fringe Benefits

$1,230,000

$1,028,000

($202,000)

-16.4%

 

 

 

_

_

Water Grants Acct - (SRF)

$23,606,000

$24,622,000

$1,016,000

4.3%

Personal Service

$7,838,000

$6,392,000

($1,446,000)

-18.4%

Nonpersonal Service

$12,960,000

$15,654,000

$2,694,000

20.8%

Fringe Benefits

$2,808,000

$2,576,000

($232,000)

-8.3%

 

 

 

_

_

ENCON Administration - (SRO)

$3,661,000

$3,804,000

$143,000

3.9%

Personal Service

$2,662,000

$2,689,000

$27,000

1.0%

Nonpersonal Service

$30,000

$31,000

$1,000

3.3%

Fringe Benefits

$969,000

$1,084,000

$115,000

11.9%

 

 

 

_

_

Haz Sub Bulk Storage - (SRO)

$489,000

$511,000

$22,000

4.5%

Personal Service

$269,000

$272,000

$3,000

1.1%

Nonpersonal Service

$111,000

$113,000

$2,000

1.8%

Fringe Benefits

$109,000

$126,000

$17,000

15.6%

 

 

 

_

_

UST Trust Recovery Acct - (SRO)

$1,000,000

$1,000,000

$0

0.0%

Maintenance Undistributed

$1,000,000

$1,000,000

$0

0.0%

 

 

 

_

_

Utility Envir Regulation - (SRO)

$1,758,000

$1,758,000

$0

0.0%

Personal Service

$945,000

$945,000

$0

0.0%

Nonpersonal Service

$431,000

$431,000

$0

0.0%

Fringe Benefits

$382,000

$382,000

$0

0.0%

 

 

 

_

_

Environmental Protection - (SRO)

$23,000,000

$23,000,000

$0

0.0%

Oil Spill Compensation Fund

$23,000,000

$23,000,000

$0

0.0%

 

 

 

_

_

Dept of En Con Acct - (SRO)

$12,926,000

$14,443,000

$1,517,000

11.7%

Personal Service

$6,932,000

$7,001,000

$69,000

1.0%

Nonpersonal Service

$1,287,000

$2,313,000

$1,026,000

79.7%

Fringe Benefits

$2,797,000

$3,219,000

$422,000

15.1%

Maintenance Undistributed

$1,910,000

$1,910,000

$0

0.0%

 

 

 

_

_

Mobile Source Acct - (SRO)

$11,005,000

$11,482,000

$477,000

4.3%

Personal Service

$5,974,000

$6,034,000

$60,000

1.0%

Nonpersonal Service

$2,621,000

$2,674,000

$53,000

2.0%

Fringe Benefits

$2,410,000

$2,774,000

$364,000

15.1%

 

 

 

_

_

Operating Permit Program - (SRO)

$18,529,000

$19,668,000

$1,139,000

6.1%

Personal Service

$10,273,000

$10,376,000

$103,000

1.0%

Nonpersonal Service

$3,311,000

$3,722,000

$411,000

12.4%

Fringe Benefits

$4,145,000

$4,770,000

$625,000

15.1%

Maintenance Undistributed

$800,000

$800,000

$0

0.0%

 

 

 

_

_

Great Lakes Protection Acct - (SRO)

$1,134,000

$1,134,000

$0

0.0%

Maintenance Undistributed

$1,134,000

$1,134,000

$0

0.0%

 

 

 

_

_

Environmental Enforcement

$52,356,300

$54,449,200

$2,092,900

4.0%

Personal Service

$13,798,000

$12,818,200

($979,800)

-7.1%

Nonpersonal Service

$1,169,000

$1,169,000

$0

0.0%

Maintenance Undist.

$5,059,000

$5,078,000

$19,000

0.4%

Special Revenue-Other

$32,330,300

$35,384,000

$3,053,700

9.4%

 

 

 

_

_

ENCON Seized Assets Acct - (SRO)

$500,000

$500,000

$0

0.0%

 

 

 

_

_

Environ Regulatory Acct - (SRO)

$16,507,300

$18,833,000

$2,325,700

14.1%

Personal Service

$8,414,000

$9,712,800

$1,298,800

15.4%

Nonpersonal Service

$4,699,000

$4,654,000

($45,000)

-1.0%

Fringe Benefits

$3,394,300

$4,466,200

$1,071,900

31.6%

 

 

 

_

_

Utility Env Regualtion - (SRO)

$2,097,000

$2,097,000

$0

0.0%

Personal Service

$1,270,000

$1,270,000

$0

0.0%

Nonpersonal Service

$314,000

$314,000

$0

0.0%

Fringe Benefits

$513,000

$513,000

$0

0.0%

 

 

 

_

_

Conservation Fund - (SRO)

$13,226,000

$13,954,000

$728,000

5.5%

Personal Service

$8,925,000

$9,070,000

$145,000

1.6%

Nonpersonal Service

$700,000

$714,000

$14,000

2.0%

Fringe Benefits

$3,601,000

$4,170,000

$569,000

15.8%

 

 

 

_

_

Fish, Wildlife & Marine Resources Pgm

$61,856,000

$63,862,700

$2,006,700

3.2%

Personal Service

$4,128,000

$4,902,700

$774,700

18.8%

Nonpersonal Service

$4,062,000

$2,862,000

($1,200,000)

-29.5%

Special Revenue-Federal

$21,800,000

$23,000,000

$1,200,000

5.5%

Special Revenue-Other

$31,866,000

$33,098,000

$1,232,000

3.9%

 

 

 

_

_

Fish Wildlife & Marine - (SRF)

$21,800,000

$23,000,000

$1,200,000

5.5%

Personal Service

$6,200,000

$6,460,000

$260,000

4.2%

Nonpersonal Service

$13,407,000

$13,775,000

$368,000

2.7%

Fringe Benefits

$2,193,000

$2,765,000

$572,000

26.1%

 

 

 

_

_

EnCon Spec Rev Fund - (SRO)

$50,000

$50,000

$0

0.0%

Maintenance Undistributed

$50,000

$50,000

$0

0.0%

 

 

 

_

_

Conservation - (SRO)

$28,958,000

$30,147,000

$1,189,000

4.1%

Personal Service

$15,139,000

$15,303,000

$164,000

1.1%

Nonpersonal Service

$5,111,000

$5,214,000

$103,000

2.0%

Fringe Benefits

$6,108,000

$7,030,000

$922,000

15.1%

Maintenance Undistributed

$2,600,000

$2,600,000

$0

0.0%

 

 

 

_

_

Guides Licenses - (SRO)

$77,000

$82,000

$5,000

6.5%

Personal Service

$36,000

$37,000

$1,000

2.8%

Nonpersonal Service

$26,000

$27,000

$1,000

3.8%

Fringe Benefits

$15,000

$18,000

$3,000

20.0%

 

 

 

_

_

Habitat Acct/Maint Undist - (SRO)

$100,000

$100,000

$0

0.0%

 

 

 

_

_

Marine Resources - (SRO)

$2,265,000

$2,368,000

$103,000

4.5%

Personal Service

$1,304,000

$1,315,000

$11,000

0.8%

Nonpersonal Service

$439,000

$448,000

$9,000

2.1%

Fringe Benefits

$522,000

$605,000

$83,000

15.9%

 

 

 

_

_

Migratory Bird Acct Maint Undist - (SRO)

$206,000

$206,000

$0

0.0%

Maintenance Undistributed

$206,000

$206,000

$0

0.0%

 

 

 

_

_

SurfClam-Ocean Quahog Acct - (SRO)

$210,000

$145,000

($65,000)

-31.0%

Maintenance Undistributed

$210,000

$145,000

($65,000)

-31.0%

 

 

 

_

_

Forest and Land Resources Pgm

$48,034,500

$44,587,000

($3,447,500)

-7.2%

Personal Service

$12,492,000

$14,963,000

$2,471,000

19.8%

Nonpersonal Service

$1,478,000

$1,478,000

$0

0.0%

Maintenance Undistributed

$4,891,000

$0

($4,891,000)

-100.0%

Special Revenue-Federal (SRF)

$6,926,000

$5,000,000

($1,926,000)

-27.8%

Special Revenue-Other (SRO)

$22,247,500

$23,146,000

$898,500

4.0%

 

 

 

_

_

Lands & Forest Lands Grant - (SRF)

$6,926,000

$5,000,000

($1,926,000)

-27.8%

Personal Service

$780,000

$726,000

($54,000)

-6.9%

Nonpersonal Service

$5,866,000

$3,978,000

($1,888,000)

-32.2%

Fringe Benefits

$280,000

$296,000

$16,000

5.7%

 

 

 

_

_

Mined Land reclamation - (SRO)

$2,385,500

$2,498,000

$112,500

4.7%

Personal Service

$1,492,000

$1,507,000

$15,000

1.0%

Nonpersonal Service

$292,000

$298,000

$6,000

2.1%

Fringe Benefits

$601,500

$693,000

$91,500

15.2%

 

 

 

_

_

Natural Resources - (SRO)

$7,712,000

$8,380,000

$668,000

8.7%

Personal Service

$4,908,000

$5,081,000

$173,000

3.5%

Nonpersonal Service

$624,000

$647,000

$23,000

3.7%

Fringe Benefits

$1,980,000

$2,352,000

$372,000

18.8%

Maintenance Undistributed

$200,000

$300,000

$100,000

50.0%

 

 

 

_

_

Oil & Gas - (SRO)

$150,000

$150,000

$0

0.0%

Nonpersonal Service

$150,000

$150,000

$0

0.0%

 

 

 

_

_

Recreation - (SRO)

$12,000,000

$12,118,000

$118,000

1.0%

Personal Service

$7,304,000

$7,621,000

$317,000

4.3%

Nonpersonal Service

$3,396,000

$3,184,000

($212,000)

-6.2%

Fringe Benefits

$300,000

$313,000

$13,000

4.3%

Maintenance Undistributed

$1,000,000

$1,000,000

$0

0.0%

 

 

 

_

_

Operations

$43,065,000

$42,857,000

($208,000)

-0.5%

Personal Service

$16,753,000

$16,098,000

($655,000)

-3.9%

Nonpersonal Service

$13,092,000

$12,221,000

($871,000)

-6.7%

Special Revenue-Other (SRO)

$13,220,000

$14,538,000

$1,318,000

10.0%

 

 

 

_

_

Energy Efficient Rebate Acct - (SRO)

$0

$135,000

$135,000

100.0%

 

 

 

 

 

Envir Reg Acct - (SRO)

$28,000

$29,000

$1,000

3.6%

 

 

 

_

_

Indirect Charges - (SRO)

$9,679,000

$10,267,000

$588,000

6.1%

Personal Service

$2,132,000

$2,153,000

$21,000

1.0%

Nonpersonal Service

$6,685,000

$7,124,000

$439,000

6.6%

Fringe Benefits

$862,000

$990,000

$128,000

14.8%

 

 

 

_

_

Conservation Fund - (SRO)

$3,513,000

$4,107,000

$594,000

16.9%

Personal Service

$787,000

$795,000

$8,000

1.0%

Nonpersonal Service

$2,408,000

$2,946,000

$538,000

22.3%

Fringe Benefits

$318,000

$366,000

$48,000

15.1%

 

 

 

_

_

Solid & Hazardous Waste Mgmt Pgm

$86,138,000

$67,764,000

($18,374,000)

-21.3%

Personal Service

$9,476,000

$9,099,000

($377,000)

-4.0%

Nonpersonal Service

$278,000

$269,000

($9,000)

-3.2%

Special Revenue-Federal

$7,144,000

$6,800,000

($344,000)

-4.8%

Special Revenue-Other

$69,240,000

$51,596,000

($17,644,000)

-25.5%

 

 

 

_

_

Solid Waste Grant - (SRF)

$7,144,000

$6,800,000

($344,000)

-4.8%

Personal Service

$3,930,000

$3,400,000

($530,000)

-13.5%

Nonpersonal Service

$1,808,000

$2,024,000

$216,000

11.9%

Fringe Benefits

$1,406,000

$1,376,000

($30,000)

-2.1%