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Funding Profile: New York

State Background Information

New York, though third largest in population, experienced below-average population growth of only 5.5 percent between 1990 and 2000 (the national average is 13.1 percent). In 2000, the state was home to 19 million people. Between 1989 and 1999, the state's median household income, adjusted for inflation, dropped by 7.5 percent, the 5th lowest growth rate in the nation, at a time when the national average increased by 3.7 percent. In 1989, New York's median household income was $42,316, ranking the state 12th nationally, but in 1999 it fell to 27th at $39,139.

At the end of 2000, approximately 15 percent of land in New York was permanently protected as open space. In 1995,the state ranked first nationally in percentage of land owned by the state, with 36.7 percent (more than twice as high as states ranked third or lower).

Fastest Growing Counties

Programs

In November 1992, the initial New York Open Space Conservation Plan was approved, a joint effort among the Department of Environmental Conservation (DEC), the Office of Parks, Recreation and Historic Preservation (OPRHP), and nine Regional Advisory Committees to outline goals and strategies for conserving open space in New York State. The second revision of the plan (which must be revised every three years) was approved by Governor George Pataki in April 1998. The plan assessed funding needs at between $85.6 and $151.85 million annually, and specified the Environmental Protection Fund and the Clean Water/Clean Air Bond Act as its primary funding sources.

Governor Pataki's 2001-02 budget proposes spending $1.3 billion on environmental and public recreation programs, the highest level of environmental funding in state history. The FY 2002 budget includes more than $70 million for land acquisition and farmland protection, with $67 million from the Environmental Protection Fund and $3.5 million from the Clean Water/Clean Air Bond Act. During Governor Pataki's first six years in office, more than $300 million was spent to preserve more than 300,000 acres.

Environmental Protection Fund (EPF)

The EPF was established by the Legislature in 1993 (NY State laws ENV art. 54, State Finance Law sec. 92-s) for the preservation, restoration, and enhancement of NEw York's environmental, recreational, and historical resources. Funding sources for EPF include revenue from the sale or lease of surplus state property, a portion of the real estate transfer tax (the tax equals $2 per $500of assessed value, rasising $112 million for EPFannually), and sales of the $25 bluebird license plate. Land acquisition is done through DEC and OPRHP as well as through matching grants to municipalities and nonprofits.

During Governor Pataki's first six years in office, $620 million has been dedicated to the EPF, and his proposal for FY 2002 is $150 million, the highest funding level ever and almost five times the Fund's 1995 budget. In FY 1998, $36 million was spent on land acquisition with an additional $4 million spent on farmland preservation. In the same year, $14.5 million was spent on municipal parks improvements and historic preservation. Between 1996 and 1996, EPF was involved in protecting more than 42,000 acres. The Governor's FY 2002 budget recommends $55 million for land acquisition and open space protection, $12 million for farmland protection, $10 million for state parks and lands stewardship projects, and $6 million for municipal parks and historic preservation.

Clean Water/Clean Air Bond Act

In November 1996, voters approved the $1.75 billion Clean Water/Clean Air Bond Act by a majority of 56 percent (codified in ENV art. 56). The grant program funds five different types of projects: $790 million goes toward clean water projects, $355 million for safe drinking water, $175 for solid waste, $200 million to support municipal environmental restoration, and $230 million to improve air quality. Of the $1.75 billion, $150 million is authorized for state land acquisition and farmland protection. Through March 31, 2000, $109 of the $150 million had been committed. Through January 2001, $1.3 billion had been made available, and in its fifth year (FY 2002) proposed expenditures include $87.6 million for clean water.

Fifty million dollars is also available for municipal parks and historic preservation. This money is distributed as grants with 50 percent matching funds required to local governments or non-profits. Through March 2000, $26 million had been distributed to fund 150 projects, 70 to fund park improvement or development, 59 for historic preservation, and 21 for heritage areas and greenways.

Another $50 million is authorized for state parks, historic preservation, and Heritage Area projects mainly through OPRHP's existing grant programs for municipalities, state agencies, public benefit corporations, public authorities and nonprofits: Parks, Heritage Areas, Historic Preservation, and Acquisition. In 2001, individual grants funded by EPF were capped at $350,000 and by the Bond Act at $500,000 (although if projects will cost more than $4 million, $1 million can be requested). Fifty percent matching funds are required.

The Bond Act (and EPF) also funds the Farmland Protection Program, a grant program run by the Department of Agriculture and Markets to help town and county farmland protection boards purchase agricultural development rights. Twenty-five percent matching funds are required. Through March 2000, $11 million in open space funds have funded 15 farmland protection projects.

Proposed Legislation

Three open space-related bills were in committee at the close of the 2001 session. AB 7636 (Assemblyman Brodsky-D) would establish a Municipal Open Space Assistance Fund to provide 50 percent matching grants to local projects recommended by the Department of Environmentla Conservation in exchange for the donation of a conservation easement on the land to the state. The bill would also authorize bonds to capitalize the fund. AB 8684 (Assemblyman Lentol-D) would establish the Urban Open Space Program and the Urban Open Space Program Fund in OPRHP (to be funded by a $10 million appropriation). AB 2800 (Assemblyman Thiele-R) would create an income tax credit (25 percent of value up to $250,000, carried over up to ten years) to private landowners or corporations for donating land or a conservation easement to a governmental entity or nonprofit for public use or conservation purposes.

Sources

CommonWealth, "State of the States," http://www.massinc.org/
The National Wilderness Institute, "State-by-State Government Land Ownership," http://www.nwi.org/Maps/LandChart.html
New York State Department of Agriculture and Markets, http://www.agmkt.state.ny.us
New York State Department of Environmental Conservation:
Environmental Protection Fund Progress Report 1996-1998
Francis Sheehan, Jr., Director of Natural Resources Planning, 518.402.9417
http://www.dec.state.ny.us/
New York State Parks, "Grants," http://www.nysparks.state.ny.us/grants/
US Census 2000, http://www.census.gov