Department of Environmental Cons

The enacted budget passed by the Legislature made the following changes to the Executive Budget (analysis as of March 30, 2006):

The Senate and Assembly made the following changes to the Executive Budget (analysis as of March 15, 2006):

- Conservation Program maintenance undistributed appropriation reduced by $1 million;

- Environment Regulatory Program non-personal services appropriation reduced by $1.1 million; and

· A year-end FTE level of 3,378, which represents an increase of 43 FTEs from the adjusted FTE level for 3/31/06. In SFY2005-06 there was a reduction of 17 FTEs, 7 from the Fish, Wildlife and Marine Resources program (due to the Legislature’s rejection of the wetlands regulation program) and 10 from the Hazardous Waste Cleanup program.

· Changes in FTE levels are as follows: An increase of 14 FTEs in the Air and Water Quality Management program (Special Revenue-Other), an increase of 12 FTEs in the Fish, Wildlife and Marine Resources program (Special Revenue Funds-Other), an increase of 5 FTEs in the Forest and Land Resources program (Special Revenue Funds-Other), an increase of 5 FTEs in the Operations program (Special Revenue-Other), and an increase of 7 FTEs in the Solid and Hazardous Waste Management program (Special Revenue-Other).

· According to analysis by the NYS Assembly, the FTE increases are in the following areas and funded accordingly:

ü 14 FTEs responsible for monitoring concentrated animal feeding operations and for dam safety (a new $1.4 million Special Revenue maintenance undistributed appropriation in the Air and Water Quality program);

ü 7 FTEs for the new wetlands program (a $1 million increase in the Special Revenue maintenance undistributed appropriation for the Conservation account, within the Fish, Wildlife, and Marine Resources program for a total appropriation of $3.6 million);

ü 15 FTEs for land stewardship activities funded by a new $1.5 million Special Revenue maintenance undistributed appropriation equally spilt in new Environmental Regulatory accounts within the Fish, Wildlife, and Marine Resources ($500,000, 5 FTEs), Forest and Land Resources ($500,000, 5 FTEs), and Operations program($500,000, 5 FTEs);

ü 7 FTEs for hazardous waste clean-up ($700,000 Special Revenue maintenance undistributed appropriation in the Solid and Hazardous waste program to fund 7 FTEs formerly funded out of federal Resource Conservation and Recovery Act grant).

· Federal Fund support continues to shrink (a reduction of $5 million in SFY2006-07) as a percentage of the Department’s revenue. The budget projects that Federal Funds will support 17.6% of the Departments budget compared to 19.9% in SFY 2005-06. Fees and license revenue has increased to offset the reduction in Federal Funds. The loss of federal funds has resulted in large decreases in non-personal service appropriations for the Air and Water Quality and Fish, Wildlife, and Marine Resources programs which may indicate a decrease in contracting out in these programs. Further information should be sought at statewide labor management.

· Proposes the elimination of $180,000 in personal services and $91,000 in fringe benefits in the ENCON Magazine (Special Revenue-Other) Program. However, there is no corresponding decrease in FTEs. An explanation for this elimination of funds is not available. Further information should be sought at statewide labor management.

· A $4,514,000 decrease in the non-personal services appropriation in the Water Grants account within the Air and Water Quality program which is due to the loss of federal funds. This could mean that less contract employees will be employed in this program. Further information should be sought at statewide labor management.

· A $377,000 increase in the personal services appropriation for the Utility Environmental regulation account within the Environmental Enforcement program. There is no corresponding increase in FTEs for this program. Further information should be sought at statewide labor management.

· A personal service increase of $4.5 million or 140% in the Fish, Wildlife & Marine Resources Program (General Funds). All new FTEs are supported by Special Revenue, so the reason for this increase should be explored at statewide labor-management. Adds $308,000 maintenance undistributed appropriation for the natural resource damages program, and creates a $500,000 Environmental Regulatory Account (SRO) for stewardship of state lands and facilities.

· A $2,598,000 increase in the Special Revenue Other appropriation in the Forest and Land Program. Only the new $500,000 appropriation for the Environmental Regulatory Account of this increase is related to an increase in FTEs so the purpose of this increase should be explored at statewide labor management. The $799,000 increase in the non-personal service appropriation for the Recreation program could be for additional contracting out.

· A personal service increase of $1.6 million or 10% and a $2.7 million or 21.8% increase in non-personal services in the Operations Program. $1.4 million of the non-personal services increase is attributed to contractual services which increase to a total of $9.3 million. The additional 5 FTEs for this program are funded out of the new Environmental Regulatory account which is funded by a Special Revenue Other appropriation so the increase in the program’s personal service appropriation is unrelated to this FTE increase. The purpose of this increase should be questioned in labor-management.

· The Waste Tire Mgmt & Recycling Account (Special Revenue-Other, maintenance undistributed) is increased by $9.5 million or 52.8%. According to the Assembly, this increase is for activities related to reducing existing waste tire stockpiles, and developing in-state markets for recycling stockpiled and newly generated waste tires. There are no FTE increases for this program so this additional funding could be used for contracting out. Further information should be sought at statewide labor management

· Proposes legislation to permanently extend the Department’s authority to collect fees on surf clam and quahog fees. Authorization has been extended in 1996, 1998, 2000, and 2002 and is set to expire on April 1, 2006. Permanently extending authority will ensure continued annual revenues of approximately $100,000.

· Proposes to amend the Environmental Protection Act to expand the purposes for which the Environmental Protection Fund (EPF) can be used. Additional purposes include: State Parks and Lands infrastructure improvement; assessment of natural resource damage to the Hudson River; implementation of the Hudson River Estuary Management Plan; County Soil and Water Conservation District activities; the Hudson River Park Project; and historic barns projects. The bill also authorizes funding from the EPF for beneficial end-use projects at closed municipal landfills, invasive species projects and grants associated with the Quality Communities Program. The bill would establish a new water account to authorize funding for additional purposes including an Oceans and Great Lakes initiative and water quality improvement projects. State Finance Law would be amended to authorize transfers of up to $312 million from the General Fund to the EPF. Similar bills have been introduced annually.

· Proposes to raise an additional $3.7 million in revenue for the Environmental Regulatory Account by amending the Environmental Conservation Law (ECL) to increase the following regulatory fees: increase annual registration fee for water well drillers from $10 to $100; increase the annual SPEDES program fees for private/commercial/institutional (P/C/I) facilities from $100 to $300 for small facilities, $200 to $600 for large facilities, and increase the general permit fees from $50 to $150 for medium CAFOs, and $500 for large CAFOs, and $300 for industrial stormwater discharges. These fees have not been raised in several years. The additional increase would be used to enhance the Department’s ability to inspect and monitor regulated facilities.

· Proposes amending the ECL to increase the Title V facility per ton operating permit fee on regulated air contaminates from $45 to a maximum of $67 and establishes a minimum fee of $1,250 per operating permit facility. Enactment will allow the Department to continue effective oversight of facilities regulated pursuant to Title V of the Federal Clean Air Act.

· Proposes to amend the ECL to strengthen protection for certain wetlands smaller than 12.4 acres in size. Currently DEC staff regulates wetlands that are greater than 12.4 acres and the U.S. Army Corps of Engineers (Corps) regulates those that are smaller. However, recent court decisions have restricted the Corps activity. This legislation will allow DEC staff to regulate these wetlands. The bill will include the following increases: increase maximum civil penalties from $3,000 to $10,000; increase maximum criminal penalties from $1,000 to $5,000; establish freshwater permit fees of $50 for minor project and $100 for major projects. In addition, tidal wetland permits are established and fees not to exceed $200 for minor or $900 for major projects are established. The legislation will eliminate the Wetlands Appeals Board.

· Amend the ECL to make a technical correction to the hazardous wastewater surcharge. Chapter 1 of the laws of 2003 established a $6,000 surcharge on hazardous wastewater for generators of equal to or greater than 15,000 tons per year. The correction will apply the surcharge to hazardous wastewater for generators of equal to or greater than 15 tons per year.

· The EPF will provide new appropriations of $180 million ($30 million more than SFY2005-06 levels) to support environmental programs. According to the Assembly, while the Executive maintains that this is a permanent increase, the proposed Article VII language makes the transfer of up to $30 million in additional Real Estate Transfer Tax (RETT) revenue - the primary revenue source for the EPF – subject to the discretion of the director of the Division of the Budget. The Financial Plan estimates that up to $10 million in additional RETT revenue will be deposited to the EPF, but also provides for a $10 million sweep from the Fund for general budget relief.

· Proposes EPF appropriations as lump sum amounts which, if enacted, would provide no statutory guidance on the allocation of funds to be spent within each EPF category.

· Capital Projects appropriations are increased by $38.6 million to $569 million. According to the Assembly, $120 million is appropriated for the State Superfund, $15 million is for the Brownfield Cleanup Program and $7.3 million for staff costs incurred for the program. According to the Assembly, there is a net $6.8 million decrease in capital appropriations related to staff costs associated with the implementation of the Brownfield Cleanup Program and the Voluntary Cleanup Program. The decrease reflects the change in appropriation authority compared to the levels in the SFY2005-06 enacted budget which supported cots incurred in SFY 2004-05 and SFY 2005-06. This decrease does not appear to affect state employees but it should be further explored at statewide agency labor management.

· Proposes a General Fund deficiency appropriation of $7.5 million for increased expenses in SFY 2005-06 related to the Department’s response to chronic wasting disease. This appropriation includes funding for staff within the Environmental Enforcement Program, Fish Wildlife and Marine Resources Program and Operations Program and includes funding for staff, pubic education costs, costs for lab equipment and animal testing, and animal disposal.

Department of Environmental Conservation
Program Details-State Operations
	Enacted	Proposed	Enacted	Change in	Percent
Program	2005-06 Budget	2006-07 Budget	2006-07 Budget	Appropriation	Change
All Funds	$423,751,000	$455,125,000	$460,375,000	$36,624,000	8.6%
General Fund	$97,007,000	$109,370,000	$115,620,000	$18,613,000	19.2%
Special Revenue-Federal	$85,211,000	$80,218,000	$80,218,000	($4,993,000)	-5.9%
Special Revenue-Other	$241,488,000	$265,477,000	$264,477,000	$22,989,000	9.5%
Internal Service	$45,000	$60,000	$60,000	$15,000	33.3%

Administration	$24,893,000	$25,426,000	$25,426,000	$533,000	2.1%
Personal Service	$7,979,000	$8,319,000	$8,319,000	$340,000	4.3%
Nonpersonal Service	$1,636,000	$1,665,000	$1,665,000	$29,000	1.8%
Internal Service Funds	$45,000	$60,000	$60,000	$15,000	33.3%
Special Revenue-Federal (SRF)	$12,255,000	$12,636,000	$12,636,000	$381,000	3.1%
Special Revenue-Other (SRO)	$2,978,000	$2,746,000	$2,746,000	($232,000)	-7.8%

Indirect Cost Acct - (SRF)	$12,255,000	$12,636,000	$12,636,000	$381,000	3.1%
Personal Service	$7,655,000	$7,830,000	$7,830,000	$175,000	2.3%
Nonpersonal Service	$1,132,000	$1,150,000	$1,150,000	$18,000	1.6%
Fringe Benefits	$3,468,000	$3,656,000	$3,656,000	$188,000	5.4%

ENCON Magazine (SRO)	$1,420,000	$1,199,000	$1,199,000	($221,000)	-15.6%
Personal Service	$180,000	$0	$0	($180,000)	-100.0%
Nonpersonal Service	$1,149,000	$1,199,000	$1,199,000	$50,000	4.4%
Fringe Benefits	$91,000	$0	$0	($91,000)	-100.0%

Conservation Fund - (SRO)	$1,558,000	$1,547,000	$1,547,000	($11,000)	-0.7%
Personal Service	$811,000	$789,000	$789,000	($22,000)	-2.7%
Nonpersonal Service	$340,000	$355,000	$355,000	$15,000	4.4%
Fringe Benefits	$407,000	$403,000	$403,000	($4,000)	-1.0%

Air & Water Quality	$124,226,000	$126,883,000	$133,133,000	$8,907,000	7.2%
Personal Service	$7,828,000	$7,920,000	$7,920,000	$92,000	1.2%
Nonpersonal Service	$1,117,000	$1,216,000	$1,216,000	$99,000	8.9%
Maintenance Undistributed	$0	$0	$6,250,000
Special Revenue-Federal (SRF)	$37,156,000	$33,782,000	$33,782,000	($3,374,000)	-9.1%
Special Revenue-Other (SRO)	$78,125,000	$83,965,000	$83,965,000	$5,840,000	7.5%

Fed Env Con Air Resources - (SRF)	$8,000,000	$8,000,000	$8,000,000	$0	0.0%
Personal Service	$3,990,000	$3,990,000	$3,990,000	$0	0.0%
Nonpersonal Service	$2,202,000	$2,144,000	$2,144,000	($58,000)	-2.6%
Fringe Benefits	$1,808,000	$1,866,000	$1,866,000	$58,000	3.2%

Spills Management - (SRF)	$4,000,000	$4,000,000	$4,000,000	$0	0.0%
Personal Service	$1,684,000	$1,600,000	$1,600,000	($84,000)	-5.0%
Nonpersonal Service	$1,552,000	$1,652,000	$1,652,000	$100,000	6.4%
Fringe Benefits	$764,000	$748,000	$748,000	($16,000)	-2.1%

Water Grants Acct - (SRF)	$25,156,000	$21,782,000	$21,782,000	($3,374,000)	-13.4%
Personal Service	$6,824,000	$7,538,000	$7,538,000	$714,000	10.5%
Nonpersonal Service	$15,238,000	$10,724,000	$10,724,000	($4,514,000)	-29.6%
Fringe Benefits	$3,094,000	$3,520,000	$3,520,000	$426,000	13.8%

ENCON Administration - (SRO)	$3,245,000	$3,350,000	$3,350,000	$105,000	3.2%
Personal Service	$2,211,000	$2,261,000	$2,261,000	$50,000	2.3%
Nonpersonal Service	$32,000	$33,000	$33,000	$1,000	3.1%
Fringe Benefits	$1,002,000	$1,056,000	$1,056,000	$54,000	5.4%

Haz Sub Bulk Storage - (SRO)	$553,000	$599,000	$599,000	$46,000	8.3%
Personal Service	$284,000	$298,000	$298,000	$14,000	4.9%
Nonpersonal Service	$126,000	$149,000	$149,000	$23,000	18.3%
Fringe Benefits	$143,000	$152,000	$152,000	$9,000	6.3%

Environmental Regulatory Acct - (SRO)	$0	$1,400,000	$1,400,000	$1,400,000	100.0%
Maintenance Undistributed	$0	$1,400,000	$1,400,000	$1,400,000	100.0%

UST Trust Recovery Acct - (SRO)	$250,000	$2,000,000	$2,000,000	$1,750,000	700.0%
Maintenance Undistributed	$250,000	$2,000,000	$2,000,000	$1,750,000	700.0%

Utility Envir Regulation - (SRO)	$1,929,000	$2,032,000	$2,032,000	$103,000	5.3%
Personal Service	$990,000	$1,023,000	$1,023,000	$33,000	3.3%
Nonpersonal Service	$443,000	$487,000	$487,000	$44,000	9.9%
Fringe Benefits	$496,000	$522,000	$522,000	$26,000	5.2%

Environmental Protection - (SRO)	$23,000,000	$23,000,000	$23,000,000	$0	0.0%
Oil Spill Compensation Fund	$23,000,000	$23,000,000	$23,000,000	$0	0.0%

Dept of En Con Acct - (SRO)	$15,039,000	$15,939,000	$15,939,000	$900,000	6.0%
Personal Service	$7,107,500	$7,499,000	$7,499,000	$391,500	5.5%
Nonpersonal Service	$2,426,000	$2,615,000	$2,615,000	$189,000	7.8%
Fringe Benefits	$3,570,000	$3,825,000	$3,825,000	$255,000	7.1%
Maintenance Undistributed	$1,935,500	$2,000,000	$2,000,000	$64,500	3.3%

Mobile Source Acct - (SRO)	$12,097,000	$12,621,000	$12,621,000	$524,000	4.3%
Personal Service	$6,221,000	$6,457,000	$6,457,000	$236,000	3.8%
Nonpersonal Service	$2,760,000	$2,871,000	$2,871,000	$111,000	4.0%
Fringe Benefits	$3,116,000	$3,293,000	$3,293,000	$177,000	5.7%

Operating Permit Program - (SRO)	$20,878,000	$21,890,000	$21,890,000	$1,012,000	4.8%
Personal Service	$10,841,000	$11,377,000	$11,377,000	$536,000	4.9%
Nonpersonal Service	$3,807,000	$3,911,000	$3,911,000	$104,000	2.7%
Fringe Benefits	$5,430,000	$5,802,000	$5,802,000	$372,000	6.9%
Maintenance Undistributed	$800,000	$800,000	$800,000	$0	0.0%

Great Lakes Protection Acct - (SRO)	$1,134,000	$1,134,000	$1,134,000	$0	0.0%
Maintenance Undistributed	$1,134,000	$1,134,000	$1,134,000	$0	0.0%

Environmental Enforcement	$55,075,000	$57,889,000	$57,889,000	$2,814,000	5.1%
Personal Service	$13,730,000	$14,820,000	$14,820,000	$1,090,000	7.9%
Nonpersonal Service	$1,088,000	$1,193,000	$1,193,000	$105,000	9.7%
Maintenance Undist.	$5,197,000	$5,277,000	$5,277,000	$80,000	1.5%
Special Revenue-Other	$35,060,000	$36,599,000	$36,599,000	$1,539,000	4.4%

ENCON Seized Assets Acct - (SRO)	$500,000	$500,000	$500,000	$0	0.0%

Environ Regulatory Acct - (SRO)	$17,276,000	$18,057,000	$18,057,000	$781,000	4.5%
Personal Service	$8,550,000	$8,602,000	$8,602,000	$52,000	0.6%
Nonpersonal Service	$4,443,000	$5,067,000	$5,067,000	$624,000	14.0%
Fringe Benefits	$4,283,000	$4,388,000	$4,388,000	$105,000	2.5%

Utility Env Regualtion - (SRO)	$3,669,000	$4,266,000	$4,266,000	$597,000	16.3%
Personal Service	$2,032,000	$2,409,000	$2,409,000	$377,000	18.6%
Nonpersonal Service	$620,000	$629,000	$629,000	$9,000	1.5%
Fringe Benefits	$1,017,000	$1,228,000	$1,228,000	$211,000	20.7%

Conservation Fund - (SRO)	$13,615,000	$13,776,000	$13,776,000	$161,000	1.2%
Personal Service	$8,410,000	$8,429,000	$8,429,000	$19,000	0.2%
Nonpersonal Service	$992,000	$1,048,000	$1,048,000	$56,000	5.6%
Fringe Benefits	$4,213,000	$4,299,000	$4,299,000	$86,000	2.0%

Fish, Wildlife & Marine Resources Pgm	$63,291,000	$68,959,000	$67,959,000	$4,668,000	7.4%
Personal Service	$3,245,000	$7,803,000	$7,803,000	$4,558,000	140.5%
Nonpersonal Service	$1,709,000	$1,898,000	$1,898,000	$189,000	11.1%
Maintenance Undistributed	$0	$308,000	$308,000	$308,000	100.0%
Special Revenue-Federal	$24,000,000	$22,000,000	$22,000,000	($2,000,000)	-8.3%
Special Revenue-Other	$34,337,000	$36,950,000	$35,950,000	$1,613,000	4.7%

Fish Wildlife & Marine - (SRF)	$24,000,000	$22,000,000	$22,000,000	($2,000,000)	-8.3%
Personal Service	$6,148,000	$6,013,000	$6,013,000	($135,000)	-2.2%
Nonpersonal Service	$15,093,000	$13,179,000	$13,179,000	($1,914,000)	-12.7%
Fringe Benefits	$2,759,000	$2,808,000	$2,808,000	$49,000	1.8%

EnCon Spec Rev Fund - (SRO)	$50,000	$50,000	$50,000	$0	0.0%
Maintenance Undistributed	$50,000	$50,000	$50,000	$0	0.0%

Environ Regulatory Acct - (SRO)	$0	$500,000	$500,000	$500,000	100.0%
Maintenance Undistributed	$0	$500,000	$500,000	$500,000	100.0%

Conservation - (SRO)	$31,155,000	$32,767,000	$31,767,000	$612,000	2.0%
Personal Service	$15,370,000	$15,350,000	$15,350,000	($20,000)	-0.1%
Nonpersonal Service	$5,486,000	$5,990,000	$5,990,000	$504,000	9.2%
Fringe Benefits	$7,699,000	$7,827,000	$7,827,000	$128,000	1.7%
Maintenance Undistributed	$2,600,000	$3,600,000	$2,600,000	$0	0.0%

Guides Licenses - (SRO)	$91,000	$95,000	$95,000	$4,000	4.4%
Personal Service	$42,000	$44,000	$44,000	$2,000	4.8%
Nonpersonal Service	$27,000	$28,000	$28,000	$1,000	3.7%
Fringe Benefits	$22,000	$23,000	$23,000	$1,000	4.5%

Habitat Acct/Maint Undist - (SRO)	$100,000	$100,000	$100,000	$0	0.0%

Marine Resources - (SRO)	$2,502,000	$2,859,000	$2,859,000	$357,000	14.3%
Personal Service	$1,355,000	$1,396,000	$1,396,000	$41,000	3.0%
Nonpersonal Service	$468,000	$751,000	$751,000	$283,000	60.5%
Fringe Benefits	$679,000	$712,000	$712,000	$33,000	4.9%

Migratory Bird Acct Maint Undist - (SRO)	$206,000	$206,000	$206,000	$0	0.0%
Maintenance Undistributed	$206,000	$206,000	$206,000	$0	0.0%

SurfClam-Ocean Quahog Acct - (SRO)	$233,000	$373,000	$373,000	$140,000	60.1%
Maintenance Undistributed	$233,000	$373,000	$373,000	$140,000	60.1%

Forest and Land Resources Pgm	$44,818,000	$48,349,000	$48,349,000	$3,531,000	7.9%
Personal Service	$14,300,000	$14,942,000	$14,942,000	$642,000	4.5%
Nonpersonal Service	$1,690,000	$1,981,000	$1,981,000	$291,000	17.2%
Maintenance Undistributed	$0	$0	$0
Special Revenue-Federal (SRF)	$5,000,000	$5,000,000	$5,000,000	$0	0.0%
Special Revenue-Other (SRO)	$23,828,000	$26,426,000	$26,426,000	$2,598,000	10.9%

Lands & Forest Lands Grant - (SRF)	$5,000,000	$5,000,000	$5,000,000	$0	0.0%
Personal Service	$758,000	$608,000	$608,000	($150,000)	-19.8%
Nonpersonal Service	$3,896,000	$4,104,000	$4,104,000	$208,000	5.3%
Fringe Benefits	$346,000	$288,000	$288,000	($58,000)	-16.8%

Mined Land reclamation - (SRO)	$2,798,000	$2,944,000	$2,944,000	$146,000	5.2%
Personal Service	$1,658,000	$1,725,000	$1,725,000	$67,000	4.0%
Nonpersonal Service	$309,000	$339,000	$339,000	$30,000	9.7%
Fringe Benefits	$831,000	$880,000	$880,000	$49,000	5.9%

Environ Regulatory Acct - (SRO)	$0	$500,000	$500,000	$500,000	100.0%
Maintenance Undistributed	$0	$500,000	$500,000	$500,000	100.0%

Natural Resources - (SRO)	$8,041,000	$8,907,000	$8,907,000	$866,000	10.8%
Personal Service	$4,693,000	$5,141,000	$5,141,000	$448,000	9.5%
Nonpersonal Service	$947,000	$818,000	$818,000	($129,000)	-13.6%
Fringe Benefits	$2,101,000	$2,618,000	$2,618,000	$517,000	24.6%
Maintenance Undistributed	$300,000