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The Environmental Protection Fund

See our update on the New York State Budget - 4/28/10

Adirondack Council Legislative Director, Scott Lorey, Testifies at Legislative Budget Hearing

History. New York's Environmental Protection Fund (EPF) was created in 1993 during an economic recession. The idea was to create a pay-as-you-go capital projects fund. It was reserved for large, one-time purchases such as land for parks, recycling facilities, landfill closures and historic preservation. At the time it was clear that these needs weren't being met through the year-to-year spending of state agencies. Major environmental priorities had been left unfunded.

Where does the money come from? The EPF is funded by a portion of the revenues from the NYS Real Estate Transfer Tax (RETT), to ensure a reliable stream of revenue. Each year during the budget negotiations, the Legislature and Governor must agree on the level of funding that will go into the EPF and assign specific amounts for various categories such as land protection, land stewardship and water quality.

How much money is in the fund? In the 2009-2010 fiscal year, collaborative efforts by New York State's Friends of the Environment coalition and the New York State Legislature helped fight off a sweep of the fund for the first time in its history; funding the EPF at $222. Governor Paterson's Deficit Reduction Plan reduced the fund by $10 million, bringing it to $212 million. The Governor's current budget proposal would cut the EPF by 33%, leaving it at $143 million. The 2010-2011 budget included the following appropriations:

Land acquisition - $0
Invasive species eradication - $4.8 million
Water quality improvement - $2 million
Public land stewardship - $30 million

How is the money dispersed? EPF monies are used by state agencies and distributed to municipalities and not-for-profits through grant-making programs.

How is the fund threatened? Since its inception the EPF has been eyed by elected officials for a source of funds to cover gaps in general funding. Over $447 million has been siphoned from the Fund during the last six years. These annual "loans" to the general fund are unlikely to ever be repaid. Without the EPF critical environmental projects will go unfunded.

Why does it matter now? There are lands at risk. This is a critical time for the Adirondack Park, with historic opportunities to protect biologically rich lands and expand wilderness recreation. Over 300,000 acres are available for protection by the New York state through acquisition or conservation easement. These land deals will not be completed without the EPF funding, and current owners will be forced to sell to private interests.


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