Department of Environmental Conservation
The enacted budget makes the following changes to the Executive Budget (analysis as of April 1, 2005):
Decreases overall State Operations appropriations from $425.3 million to $423.8 million, through the following:
· Reduces by $1 million the $3.6 million Special Revenue Other maintenance undistributed appropriation for the Conservation program (within the Fish, Wildlife, and Marine Resources Program). This $1 million appropriation was for “services and expenses related to the regulation of wetlands.” We believe this is related to the Legislature’s rejection of the Governor’s proposal to create a new wetlands program with permit fees for wetlands smaller than 12.4 acres.
· Reduces from $13.2 million to $12.6 million the nonpersonal service appropriation for the Operations Program.
· It is important to note that the Legislature and Governor have not agreed on the use of $150 million for the Environmental Protection Fund (EPF). The Governor has proposed additional purposes for the EPF that the Legislature did not approve. In order for the EPF to be spent in the manner that Legislature wants, the Governor must resubmit his EPF legislative proposal. Until that occurs there is no appropriation for the EPF in the budget enacted by the Legislature. The Legislature’s intent is to fund the EPF in a supplemental budget bill that is agreed to by the Governor. It is not expected that this dispute will affect the staffing levels at DEC but we will continue to closely monitor this situation.
·
The 30 day amendments to the Executive Budget recommend the following changes (analysis as of February 14, 2005):
- Increases the General Fund non-personal service appropriation in the Forest and Land Resources Program from $1,440,000 to $1,690,000 “to cover required projected expenditures.”
The proposed Deficiency Budget recommends (revised analysis as of February 14, 2005):
- Two new General Fund appropriations of $4,901,000 (in the Environmental Enforcement Program) and $1,457,000 (in the Forest and Land Resources Program) “to settle the litigation and arbitration award in the matter of the application of agency law enforcement services unit employees, Council 82, AFSCME, AFL-CIO v. State of New York, New York State Department of Environmental Conservation, and New York State Governor’s Office of Employee Relations.” There is no explanation why these additions are not included in the lump sums in General State Charges that would typically address this type of appropriation.
The Executive Budget recommends (analysis as of January 20, 2005):
· A year-end FTE level of 3,352, which represents an increase of 7 FTEs from the Governor’s current estimated FTE level for 3/31/04.
· Changes in FTE levels are as follows: A shift of 24 FTEs from the Clean Water/Clean Air Administration Program Capital Projects Funds – Other to the Air and Water Quality Management Program General Fund and an increase of 7 FTEs in the Fish, Wildlife and Marine Resources Special Revenue Funds – Other
· An All Funds increase of $4.9 million or 1.2%. A General Fund Decrease of $2.2 million, (-2.3%) is offset by increases of $2.1 million in Special Revenue Federal and $5.1 million in Special Revenue – Other funds.
· No reductions in FTEs, however, more detail should be sought at Labor/Management to determine impact funding shifts in the following program areas: The Air & Water Quality Program, the Spills Management personal service line funded by Special Revenue Federal (SRF) is decreased by $716,000 or (-29.8%). This is offset by increases in personal services appropriations in the Federal Environmental Conservation Air Resources (SRF) Account and the Water Grants Account. Additionally, the personal service line in ENCON Administration – Special Revenue Other (SRO) is decreased by $478,000 or (-17.8%). This decrease is more than offset by SRO personal service increases in all other accounts within the Air & Water Quality Program. The largest increase is $465,000 in the Operating Permit Program.
· The Environmental Enforcement Program has a personal service increase of $911,000 and a personal service increase of $762,000 in Utility Environmental Regulation – SRO, which combine to offset SRO personal service decreases of $1.1 million in the Environmental Regulatory Account and $660,000 in the Conservation Fund account.
· A personal service decrease of $1.6 million, or (-34%) in the Fish, Wildlife & Marine Resources Program. This decrease is more than offset by an increase of $2.1 million in Special Revenue – Other in the Conservation Fund Account. $1 million of this increase is found in the maintenance undistributed appropriation related to the regulation of wetlands.
· New staff and funding for preservation of wetlands. The 7 additional FTEs are funded in the Fish, Wildlife and Marine Resources Special Revenue Funds – Other. Specifically, there is an additional $1 million in a maintenance undistributed appropriation in the Conservation Program dedicated to regulation of wetlands. Legislation is required to raise this funding. The Article VII bill would raise additional $1 million by: increasing the maximum civil penalties for wetland violations to $10,000 from $3,000; increasing maximum criminal penalties to $5,000 from $1,000 for first violations, and to $10,000 from $2,000 for subsequent violations; establishing freshwater permit fees of $50 and $100 for minor & major projects respectively and tidal wetland permits and fees of up to $200 for minor projects and up to $900 for major projects.
· The Forest & Land Resources Program has a personal service decrease of $663,000, or (-4.4%), but no corresponding loss of FTEs. This decrease is partially offset by SRO personal service increases in the Recreation account and the Mined Land Reclamation accounts. This issue should be clarified at Labor/Management.
· The Solid & Hazardous Waste Management Program has a personal service decrease of $390,000, which is partially offset by a SRO personal service increase in the Environmental Regulatory account.
· Proposes Environmental Protection Fund (EPF) appropriations of $150 million, a 20% increase over SFY 2004-05.
· Proposes legislation to increase Title V operating permit program emission fees on stationary sources of air pollution. Enactment of legislation will increase fees to a maximum of $58 per ton, establish a minimum permit fee per facility, and increase overall revenues by $3.6 million and allow the Clean Air Fund Operating Permit Account to remain in balance.
· Recommends an increase in registration fees to $45 for ATVs. These funds will provide approximately $5.8 million in revenue. $850,000 will be used to support the ATV program and $4.9 million will be used for General Fund relief.
· Recommends a decrease of $1.9 million for contractual services in the Fish, Wildlife and Marine Resources Program, a decrease of $250,000 for contractual services in the Forest and Land Resources Program and an increase of $711,000 in for contractual services in the Operations Program. The purpose of the contractual services increase in the Operations Program should be clarified at Labor/Management.
Department of Environmental Conservation
Program Details-State Operations
Enacted
Proposed
Enacted
Change in
Percent
Program
2004-05 Budget
2005-06 Budget
2005-06 Budget
Appropriation
Change
All Funds
$420,064,900
$425,311,000
$423,751,000
$3,686,100
0.9%
General Fund
$99,653,900
$97,567,000
$97,007,000
($2,646,900)
-2.7%
Special Revenue-Federal
$83,018,000
$85,211,000
$85,211,000
$2,193,000
2.6%
Special Revenue-Other
$237,348,000
$242,488,000
$241,488,000
$4,140,000
1.7%
Internal Service
$45,000
$45,000
$45,000
$0
0.0%
_
_
Administration
$23,483,000
$24,893,000
$24,893,000
$1,410,000
6.0%
Personal Service
$7,959,000
$7,979,000
$7,979,000
$20,000
0.3%
Nonpersonal Service
$1,630,000
$1,636,000
$1,636,000
$6,000
0.4%
Internal Service Funds
$45,000
$45,000
$45,000
$0
0.0%
Special Revenue-Federal (SRF)
$11,128,000
$12,255,000
$12,255,000
$1,127,000
10.1%
Special Revenue-Other (SRO)
$2,721,000
$2,978,000
$2,978,000
$257,000
9.4%
_
_
Indirect Cost Acct - (SRF)
$11,128,000
$12,255,000
$12,255,000
$1,127,000
10.1%
Personal Service
$7,000,000
$7,655,000
$7,655,000
$655,000
9.4%
Nonpersonal Service
$1,132,000
$1,132,000
$1,132,000
$0
0.0%
Fringe Benefits
$2,996,000
$3,468,000
$3,468,000
$472,000
15.8%
_
_
ENCON Magazine (SRO)
$1,356,000
$1,420,000
$1,420,000
$64,000
4.7%
Personal Service
$164,000
$180,000
$180,000
$16,000
9.8%
Nonpersonal Service
$1,116,000
$1,149,000
$1,149,000
$33,000
3.0%
Fringe Benefits
$76,000
$91,000
$91,000
$15,000
19.7%
_
_
Conservation Fund - (SRO)
$1,365,000
$1,558,000
$1,558,000
$193,000
14.1%
Personal Service
$708,000
$811,000
$811,000
$103,000
14.5%
Nonpersonal Service
$331,000
$340,000
$340,000
$9,000
2.7%
Fringe Benefits
$326,000
$407,000
$407,000
$81,000
24.8%
_
_
Air & Water Quality
$122,997,000
$124,226,000
$124,226,000
$1,229,000
1.0%
Personal Service
$8,028,000
$7,828,000
$7,828,000
($200,000)
-2.5%
Nonpersonal Service
$1,079,000
$1,117,000
$1,117,000
$38,000
3.5%
Special Revenue-Federal (SRF)
$37,090,000
$37,156,000
$37,156,000
$66,000
0.2%
Special Revenue-Other (SRO)
$76,800,000
$78,125,000
$78,125,000
$1,325,000
1.7%
_
_
Fed Env Con Air Resources - (SRF)
$8,000,000
$8,000,000
$8,000,000
$0
0.0%
Personal Service
$3,650,000
$3,990,000
$3,990,000
$340,000
9.3%
Nonpersonal Service
$2,876,000
$2,202,000