New York (État). Dept. of Environmental Conservation

CURRENT FUNCTIONS. The Department of Environmental Conservation is responsible for protecting and enhancing the State's natural resources.

It carries out this responsibility by planning for and regulating disposal of solid and hazardous wastes, remediating hazardous-waste disposal sites, coordinating responses to hazardous-substance spill emergencies, and encouraging recycling of solid wastes; reducing air contamination and regulating emissions; controlling and managing fish and wildlife populations for recreational and ecological benefits; managing the Adirondack and Catskill forest preserves and other forest lands, and assisting private forest landowners in forest management and fire prevention and control; managing marine and coastal resources; overseeing and protecting wetlands, floodplains, and rivers; promoting wise use of water resources; monitoring environmental conditions, testing for contaminants, and providing for the abatement of pollution; regulating mining, reclamation of mined lands, extraction of oil and gas, and storage of natural gas; regulating use of pesticides; and informing the public on environmental conservation principles and encouraging public participation in environmental affairs.

ORGANIZATIONAL HISTORY. Creation of the Department of Environmental Conservation in 1970 (Chapter 140) was preceded by over a century of State conservation activity carried out by a number of agencies. The first, a three-member Fisheries Commission, was established in 1868 (Chapter 285) to restore and protect the propagation of fish in the State's rivers, lakes, and streams. A three-member Forest Commission was established in 1885 (Chapter 283) to maintain and protect land in the Catskill and Adirondack mountains to be designated as a State forest preserve and to protect public interests in the State relating to forests, tree planting, and forest fires. This board was abolished by a law of 1893 (Chapter 332) establishing a new five-member Forest Commission with the same duties.

In 1895 (Chapter 395) the Fisheries Commission and the Forest Commission were combined into a Fisheries, Game, and Forest Commission headed by five gubernatorial appointees. This Commission was renamed the Forest, Fish and Game Commission in 1900 (Chapter 20) and after 1903 was headed by one commissioner. In 1906 (Chapter 199) the commission was authorized to employ a counsel to represent them in legal actions brought under provisions of the forest, fish, and game law. Other laws further regulated State lands, including one in 1897 (Chapter 220) creating the Forest Preserve Board to acquire additional land for the State.

A Water Storage Commission consisting of five gubernatorial appointees, the superintendent of public works, the forest, fish and game commissioner, the state engineer and surveyor, and the attorney general was established in 1902 (Chapter 406) to investigate and report on the State's water supply. This was followed in 1905 (Chapter 723) by a five-member Water Supply Commission established to administer a systematic plan for maintaining water supplies for the State's municipalities. This commission absorbed the River Improvement Commission established the previous year (Laws of 1904, Chapter 734). The functions and powers of the Water Supply Commission; Forest Preserve Board; and Forest, Fish and Game Commission were combined in 1911 (Chapter 647) to form the Conservation Commission. The Commission was headed by three commissioners in charge of divisions of lands and forests, fish and game, and inland waters.

In 1921 (Chapter 579) a Water Power Commission, consisting of the three conservation commissioners, the State engineer and surveyor, the attorney general, the temporary president of the senate, and the speaker of the assembly, was established to issue licenses for the development of State power resources. A Water Control Commission was established in 1922 (Chapter 413) to supervise water flow and supply, administering the Black River and the Hudson River regulating districts.

After the 1925 constitutional reorganization of State government, enabling legislation in 1926 (Chapter 619) established the Conservation Department to assume the functions and duties of the Conservation Commission, Water Control Commission, and Water Power Commission, all of which were abolished. The new department included a Division of Parks, which supervised all State parks, reservations, historic sites, and recreational areas (except the forest preserve).

When the Department of Environmental Conservation was established in 1970, it assumed all functions of the Conservation Department except administration of State parks, which was transferred to the new Office of Parks and Recreation in the Executive Department. In addition, the Department of Environmental Conservation assumed primary responsibility for State policy relating to air and water pollution, waste management, and pesticide use, areas formerly supervised by the Department of Health and the Department of Agriculture and Markets. The Air Pollution Control Board, Water Resources Board, Pesticide Control Board, and Natural Beauty Commission, all formerly within other State agencies, were abolished and their functions assumed by the Department of Environmental Conservation.

The commissioner of the Department is also an ex officio member and chair of the New York State Environmental Facilities Corporation, established in 1970 as a public-benefit corporation to assist State agencies and local governments in environmental management projects and to provide financing for pollution control facilities. He is also an ex officio member of numerous other commissions, authorities, boards, and committees.

Creation of the Department of Environmental Conservation in 1970 (Chapter 140) was preceded by over a century of State conservation activity carried out by a number of agencies. The first, a three-member Fisheries Commission, was established in 1868 (Chapter 285) to restore and protect the propagation of fish in the State's rivers, lakes, and streams. A three-member Forest Commission was established in 1885 (Chapter 283) to maintain and protect land in the Catskill and Adirondack mountains to be designated as a State forest preserve and to protect public interests in the State relating to forests, tree planting, and forest fires. This board was abolished by a law of 1893 (Chapter 332) establishing a new five-member Forest Commission with the same duties.

In 1895 (Chapter 395) the Fisheries Commission and the Forest Commission were combined into a Fisheries, Game, and Forest Commission headed by five gubernatorial appointees. This Commission was renamed the Forest, Fish and Game Commission in 1900 (Chapter 20) and after 1903 was headed by one commissioner. In 1906 (Chapter 199) the commission was authorized to employ a counsel to represent them in legal actions brought under provisions of the forest, fish, and game law. Other laws further regulated State lands, including one in 1897 (Chapter 220) creating the Forest Preserve Board to acquire additional land for the State.

A Water Storage Commission consisting of five gubernatorial appointees, the superintendent of public works, the forest, fish and game commissioner, the state engineer and surveyor, and the attorney general was established in 1902 (Chapter 406) to investigate and report on the State's water supply. This was followed in 1905 (Chapter 723) by a five-member Water Supply Commission established to administer a systematic plan for maintaining water supplies for the State's municipalities. This commission absorbed the River Improvement Commission established the previous year (Laws of 1904, Chapter 734). The functions and powers of the Water Supply Commission; Forest Preserve Board; and Forest, Fish and Game Commission were combined in 1911 (Chapter 647) to form the Conservation Commission. The Commission was headed by three commissioners in charge of divisions of lands and forests, fish and game, and inland waters.

In 1921 (Chapter 579) a Water Power Commission, consisting of the three conservation commissioners, the State engineer and surveyor, the attorney general, the temporary president of the senate, and the speaker of the assembly, was established to issue licenses for the development of State power resources. A Water Control Commission was established in 1922 (Chapter 413) to supervise water flow and supply, administering the Black River and the Hudson River regulating districts.

After the 1925 constitutional reorganization of State government, enabling legislation in 1926 (Chapter 619) established the Conservation Department to assume the functions and duties of the Conservation Commission, Water Control Commission, and Water Power Commission, all of which were abolished. The new department included a Division of Parks, which supervised all State parks, reservations, historic sites, and recreational areas (except the forest preserve).

When the Department of Environmental Conservation was established in 1970, it assumed all functions of the Conservation Department except administration of State parks, which was transferred to the new Office of Parks and Recreation in the Executive Department. In addition, the Department of Environmental Conservation assumed primary responsibility for State policy relating to air and water pollution, waste management, and pesticide use, areas formerly supervised by the Department of Health and the Department of Agriculture and Markets. The Air Pollution Control Board, Water Resources Board, Pesticide Control Board, and Natural Beauty Commission, all formerly within other State agencies, were abolished and their functions assumed by the Department of Environmental Conservation.In 1997, the duties and powers of the department?s aviation unit, which functioned within the division of transportation, were transferred to the Division of State Police (Chapter 435).

The Commissioner of Environmental Conservation, the administrative head of the department, was initially granted and retains the power to create, abolish, transfer, and consolidate department divisions, bureaus, field offices, and other units. However, in 1977 (Chapter 641) the Environmental Conservation Law was amended to stipulate that the boundaries of the department?s nine administrative regions may not be altered without public hearings first being held in each region affected.

Pursuant to bond acts passed by the legislature and approved by a majority of the voting public in 1972, 1986, and 1996, municipalities, public authorities, public benefit corporations, and in certain cases not-for-profit organizations have been eligible to receive financial assistance from the state for the purpose of carrying out environmental protection and improvement projects. The Department of Environmental Conservation, in cooperation with the state comptroller and other departments as required by law, administers the implementation of the bond acts.

The commissioner of the Department is also an ex officio member and chair of the New York State Environmental Facilities Corporation, established in 1970 as a public-benefit corporation to assist State agencies and local governments in environmental management projects and to provide financing for pollution control facilities. He is also an ex officio member of numerous other commissions, authorities, boards, and committees.