Department of Environmental Conservation
The enacted budget makes the following changes to the Executive Budget (analysis as of 4/2/ 2007):
- Adds almost $7 million to the department’s All Funds budget. The entire add is found in the Air and Water Quality Program (AWQP).
- Adds $300,000 to the contractual services appropriation in AWQP. This additional funding is for services and expenses related to assessing statewide wastewater infrastructure improvement needs.
· Adds a new $6.365 million maintenance undistributed appropriation in AWQP. This additional funding is for services and expenses and activities of the Air Resources program including but not limited to: permitting and registrations, inspection of facilities, opacity readings, complaint response, public meetings and hearings, legal assistance and enforcement, assessing exposure levels of air contaminants and associate health risks, developing air concentration guidelines for toxic contaminants for use in regulating emissions of toxic chemicals, supporting the small business environmental ombudsman program, program administration, and technical assistance. A portion of funds may be suballocated to the Department of Economic Development. It is unclear whether additional staff will be hired with this appropriation. This issue should be clarified at Statewide Labor Management.
- Denies the Executive’s proposal for a Bigger Better Bottle Bill, yet continues funding for FTEs related to program. The Legislature expects to continue discussions related to this bill through the legislative session.
- Rejects DEC regulatory fee increases but did not change the special revenue other appropriations for the department which generally reflect the funds generated by DEC fees.
- Creates a new Pollution Prevention Institute program in Environmental Conservation Law but appears to reject any funding for the Institute. The PPI’s mission is to promote energy saving/cost effective pollution prevention on a voluntary basis (§28-0103 of Environmental Conservation Law) through research, development, technology demonstration, technology transfer, education, outreach, recognition and training programs in a manner consistent with the principles of pollution preventing, including but not limited to green chemistry, reuse and remanufacturing. The Commissioner will award grants, on a competitive basis, within amounts appropriated, after consultation with the Pollution Prevention and Environmental Compliance Coordinating Council, to one public or private university or non-profit institution, or more as a consortium, to establish, operate and maintain a pollution prevention institute in NYS. It is possible that funding for the PPI program maybe provided when and if agreement is reached on the “Bigger Better Bottle Bill”.
The Senate recommends (analysis as of March 16, 2007):
- Proposes a personal service appropriation of $3.5 million for the Air & Water Quality Management Program. This is a decrease of $1.4 million from the Executive Budget proposal and eliminates the proposed addition of 47 FTEs in this program.
- Decreases the Executive Budget proposal for the Environmental Enforcement Program by $696,000 which eliminates the proposed addition of 11 FTEs. The Senate claims its overall cuts eliminate funding for 53 of the new 109 FTES requested by the Executive. DEC management states that the Senate cuts eliminate funding for all 109 positions
- Decreases the Executive Budget proposal for the Operations Program by $348,000. No new FTEs had been proposed for this program. Decreases contractual services in the Operations Program by $433,000.
- Rejects the $2 million appropriation in the Environmental Protection Fund (EPF) for Pollution Prevention Institute and $2 million for the Smart Growth Program.
- Cuts $400,000 for the Pollution Prevention Program which is funded in the Department of Economic Development’s budget but is suballocated to the Department of Environmental Conservation.
- Rejects the Article VII proposals to
ü Expand the Bottle Bill to include non-carbonated beverages and to provide the unclaimed deposits on beverage containers be returned to the State for deposit into the Environmental Protection Fund.
ü Increase the maximum Title V facility per ton operating permit fee on regulated air contaminates from $45 to $67 which would have generated $6.4 million annually.
ü Increase various DEC regulatory fees including dam safety, concentrated animal feeding operations, storm water, storm pollution discharge elimination system (SPDES) and well driller fees. These fees would have generated $2.6 million annually.
The Executive Budget recommends (analysis as of January 31, 2007):
A FY 2007-08 workforce of 3,480. This is an increase of 109 FTEs from the adjusted FTE level for FY 2006-07. The following chart identifies adjustments in current fiscal years FTEs along with the recommended differences in FY 2007-08 FTEs by program (if the FTE’s are the same the program is not listed):
Program
FY 2006-07 Adjustment
FY 2007-08 Difference
Administration
0
6
Air & Water Quality Mgmt
-10
47
Environmental Enforcement
-25
11
Fish, Wildlife and Marine Resources
-7
8
Forest and Land Resources
13
19
Hazardous Waste Cleanup
34
0
Operations
5
0
Solid and Hazardous Waste Mgmt
-5
18
- The total appropriation for Personal Service is $27.96 million an increase of 13.0%
- An All Funds increase of $32.1 million, (7%) from SFY 2006-07.
- Personal service increases in the above program areas reflect increases in staff. According to analysis by the Assembly, the additional FTEs will be distributed as follows: 24 new engineer, geologist and program specialist positions in the Division of Water, including 10 staff for the Dam Safety program; 8 positions in the Division of Fish Wildlife and Marine Resources, including wildlife and fish pathologists, and six biologists to implement the new Fishing Promotion program; 19 position in the Division of Lands and Forests, including 9 related to wetlands regulation and 10 for natural resource damage claims; 11staff in the Division of Solid and Hazardous Waste, including 3 related to implementation of the Bottle bill, 3 related to aquatic pesticide control, 2 related to electronic waste programs and 3 related to the radiation program; 7 positions in the Division of Environmental Enforcement, including 5 attorneys and 2 paralegals; 10 staff in the Division of Air, including 3 chemists and 7 engineers; 7 positions in the Division of Environmental Remediation, including 2 chemists and 5 engineers; 4 positions in the Division of Environmental related to enhancing the Department’s pollution prevention program; and 6 positions in Regional Affairs to be distributed across the DEC regions.
- Proposes the creation of a new “Climate Change Office” with a staff of 12. The office will implement the Regional Greenhouse Gas Initiative. It is unclear in which program this office will exist as no specific appropriation funds such an office. The office is likely to be in the Air and Water Quality program but this issue should be clarified at statewide agency labor management.
- DEC employed an estimated 189 consultant contract employees in SFY 2006-07 at an estimated cost of $1.8 million or an average cost of $200,238. It is estimated that the number of employees under consultant contracts will decrease by 19 in SFY 2007-08, a decrease of 10%. Consultant contract employees will be paid $200,258 in SFY 2007-08. The purpose and use of these contract employees and whether they can be replaced by state employees should be clarified at statewide labor management.
- Proposes expanding the “Bottle Bill” to cover non-carbonated beverages and directing $25 million into the Environmental Protection Fund (EPF). Once established, annual revenue to the EPF is projected to increase by $100 million. EPF funds will be used to establish the Pollution Prevention Institute.
- Proposes amending Environmental Conservation Law to increase fees and establish minimum fees. Enactment will allow the Department of Environmental Conservation to collect adequate financial resources to continue effective oversight of facilities regulated pursuant to Title V of the Federal Clean Air Act. This will increase operating permit fees on regulated air contaminates from $45 to a maximum of $67 per ton and establishes a minimum fee of $1,250 per operating permit facility.
- Proposes amending Environmental Conservation Law (ECL) to: (i) increase the registration fee for well drillers; (ii) increase certain State Pollutant Discharge Elimination System (SPDES) program fees; and (iii) establish a fee for dam construction and renovation permits and an annual fee for dams. Fees have not been raised in several years and the additional increase will enable the DEC to continue its inspection and monitoring of regulated facilities, including major industrial and commercial facilities and CAFOs. Proposes establishment of a $500 fee to be paid annually by dam owners. The fees will enable DEC to increase dam safety inspections and ensure compliance with State regulations.
Department of Environmental Conservation Program Details-State Operations Enacted Proposed Enacted Change in Percent Program 2006-07 Budget 2007-08 Budget 2007-08 Budget Appropriation Change All Funds $460,375,000 $492,433,850 $499,128,850 $38,753,850 8.4% General Fund $115,620,000 $129,441,850 $136,136,850 $20,516,850 17.7% Special Revenue-Federal $80,218,000 $79,240,000 $79,240,000 ($978,000) -1.2% Special Revenue-Other $264,477,000 $283,692,000 $283,692,000 $19,215,000 7.3% Internal Service $60,000 $60,000 $60,000 $0 0.0% Personal Services $201,380,000 $229,341,000 $229,341,000 $27,961,000 13.9% Contractual services $114,543,600 $114,843,600 Administration $25,426,000 $26,779,000 $26,779,000 $1,353,000 5.3% Personal Service $8,319,000 $9,098,000 $9,098,000 $779,000 9.4% Regular $8,372,000 $8,372,000 Temporary Service $683,000 $683,000 Holiday/overtime compensation $43,000 $43,000 Nonpersonal Service $1,665,000 $2,191,000 $2,191,000 $526,000 31.6% Supplies and materials $368,000 $368,000 Travel $40,000 $40,000 Contractual services $1,765,000 $1,765,000 Equipment $18,000 $18,000 Special Revenue-Federal (SRF) $12,636,000 $13,000,000 $13,000,000 $364,000 2.9% Special Revenue-Other (SRO) $2,746,000 $2,430,000 $2,430,000 ($316,000) -11.5% Internal Service Funds $60,000 $60,000 $60,000 $0 0.0% Indirect Cost Acct - (SRF) $12,636,000 $13,000,000 $13,000,000 $364,000 2.9% Personal Service $7,830,000 $8,000,000 $8,000,000 $170,000 2.2% Nonpersonal Service $1,150,000 $1,316,000 $1,316,000 $166,000 14.4% Fringe Benefits $3,656,000 $3,684,000 $3,684,000 $28,000 0.8% ENCON Magazine (SRO) $1,199,000 $699,000 $699,000 ($500,000) -41.7% Nonpersonal Service $1,199,000 $699,000 $699,000 ($500,000) -41.7% Supplies and materials $20,000 $20,000 Travel $8,000 $8,000 Contractual services $670,000 $670,000 Equipment $1,000 $1,000 Conservation Fund - (SRO) $1,547,000 $1,731,000 $1,731,000