Testimony of Sean Mahar Director of Government Relations, Audubon New York Before the Joint Legislative Hearings on the New York State Budget

Mr. Chairmen, and other distinguished members of the Senate and Assembly, thank you for allowing me the opportunity to address you today. My name is Sean Mahar and I am the Director of Government Relations for Audubon New York, the State program of the National Audubon Society representing 27 local Chapters and 50,000 members across the state. Our mission is to protect birds, other wildlife and the habitats that support them through advocacy and education based on sound science. On behalf of our Executive Director Albert E. Caccese, Board Chairman Alex Zagoreos, our members and Chapters, I offer the following testimony on Governor Andrew Cuomo's 2013-2014 Executive Budget proposal.

Before I speak on the Governor's proposed budget, I would like extend our thanks to the Legislature for your support of successful legislation last year which created a comprehensive program to improve regulation of invasive species. This measure will help shut the door to invasive species and alleviate the environmental, economic and health threats they pose.

In addition, we commend the Governor and Legislature for the quick response to the devastation caused by Hurricane Sandy and your attention to the improvements needed to make our communities more resilient in the face of future storm events and sea level rise. As the state continues to recover from the damages from not only Hurricane Sandy, but Hurricane Irene and Tropical Storm Lee, the decisions we make now in how we rebuild will have lasting impacts on our environment and the long term protection of our communities and infrastructure. Attached to this testimony we have included our recommendations to the NYS2100 Commission, outlining a number of priority steps the state should take to focus recovery efforts on a mix of 'hard' engineering innovations and protection and restoration of natural infrastructure and barriers to create long-term resilience for the region.

Happily, the Governor's budget proposal prioritizes a number of investments that ensure a balanced approach to storm risk reduction and climate change adaptation efforts that rely on a mix of structural and natural solutions. This approach will help to comprehensively protect coastal communities from future storm events and sea level rise, while enhancing our economically important coastal environments. His added focus on spurring the transition to a clean energy economy though new investments in renewable energy and sustainability programs is an essential step to combating the threat of climate change head on, and as we'll testify below, we urge the legislature to strongly support these proposals.

Not only are these investments in our natural defenses and clean energy projects important for reducing our vulnerabilities climate change, they are central to the states continued economic recovery. In particular, we are grateful that the Cuomo Administration has proposed increased funding for projects that put people to work protecting our environment, for the State Agencies that guide these restoration efforts, and continued initiatives to address the infrastructure needs facing our State Parks. As we've testified in the past, these investments in the restoration of the New York's water, air and open space should play an essential role in the revitalization of the state's economy, and support an ever growing eco-tourism and forest products industries.

"Birds Mean Business" - Economic Importance of "Ecotourism"

And when it comes to recreation trends, some may be surprised to hear it, but bird watching is attracting one of the biggest followings. With approximately 46.7 million people nationwide observing birds and spending and estimated $54.9 billion in 2011, bird and wildlife watching is a fast growing segment of the tourism economy. Total expenditures for wildlife watching activities in New York are $4.2 billion according to the US Fish and Wildlife Service's "2011 National Survey of Fishing, Hunting and Wildlife Associated Recreation".

When combined with the 823,000 hunters and 1.8 million anglers, wildlife associated recreation is estimated to contribute $9.2 billion to the State's economy each year. This economic impact of hunting, fishing and wildlife watching is calculated by assessing the trip-related expenditures on food, lodging and transportation, as well as factoring in sales of necessary equipment. It clearly illustrates that bird watching and ecotourism play an important role in the state's economy.

To show this trend first hand to businesses and municipalities in the state, we launched our "Birds Mean Business" campaign featuring the attached calling cards that have been distributed to bird watchers to leave behind in the local communities they travel to watch birds. The goal of this program is to spur local businesses, chamber of commerce and tourism promotion agencies to stand up for open space protection in their communities and develop new strategies to market themselves as destinations for bird watchers, capitalizing on their growing stream of revenue

While this will help local communities understand the important role that ecotourism plays in supporting their economy, we also hope that is shows that state expenditures in conservation of the resources and habitats that so many enjoy are not matching these individual investments. Thankfully though, the Governor's budget proposal improves that trend by restoring conservation investments to a number of priority programs, and we look forward to working with the Legislature to support this proposal.

Support New York Works – Investing in State Parks and DEC infrastructure

For starters, we commend the Governor for proposing another significant investment in the New York Works initiative to address the infrastructure needs facing our State Parks and Department of Environmental Conservation (DEC) facilities. By continuing this capital funding and putting New Yorkers to work upgrading these aging facilities now, the state will be saving money in the long run as the longer we wait to undertake projects to restore our environment, the problems only get worse and more costly to fix, decreasing the state's economic return.

While we urge the legislature to support this much needed $90 million capital investment in the state parks system and $40 million in DEC infrastructure, we also urge you to work with the Governor to ensure the use of LEED certified, sustainable development practices is prioritized in its implementation. These techniques, such as utilizing energy efficient lighting and appliances, porous pavement, water efficient appliances, and green roofs, have numerous environmental and economic benefits, from reducing costs to the state though energy savings to alleviating storm water runoff into sewer systems. utilizing these design elements at State Parks would ensure the state is leading by example, providing a great opportunity to educate state residents and inspire similar actions in their own homes.

In addition, last year's New York Works investment in state parks also launched a number of on-the-ground habitat restoration projects, enhancing the natural infrastructure of these parks. The $300,000 dedicated toward these habitat improvement projects augmented and leveraged our 'Audubon in the Parks[1]' initiative, a model public-private partnership to enhance bird habitat and natural resources found at our state parks. We look forward to working with the legislature to ensure that the State Parks department once again prioritizes similar investments in protecting natural resources.

Lastly, we strongly support that a portion of the DEC's New York Works funding will be dedicated for capital grants for clean water infrastructure projects, and urge the legislature to support this funding. This is a critical step toward addressing the $36.2 billion wastewater infrastructure crisis facing the state, and will also help in our efforts to maintain federal investments in the Clean Water State Revolving Fund.

Maintain Environmental Agency Budgets and Staff

In addition to New York Works funding, we greatly appreciate that the Governors proposed budget has once again maintained staffing and operating budgets at our environmental state agencies. With management and stewardship responsibilities for the majority of the State's open space and natural resources, the Office of Parks, Recreation and Historic Preservation (OPRHP), the DEC, the New York State Environmental Facilities Corporation (EFC), and the Department of Agriculture and Markets (DAM) are on the front lines of enhancing opportunities for our residents and visitors to enjoy New York's outdoors and biodiversity. The past budget cuts endured by these agencies have left them barely able to meet their mandated activities and safeguard our environment, and we look forward to working with the Governor and Legislature on a long term strategy to reinvest in these agencies, and ensure they have the necessary resources and staff to appropriately conserve our open space and natural resources.

Support Increased funding for the Environmental Protection Fund

Another way the Governor is proposing to capitalize on the economic recovery potential of environmental investments is by increasing the Environmental Protection Fund (EPF), the state's primary source of spending on environmental capital projects. As we celebrate the EPF's 20th anniversary, we strongly urge your support of his proposed $153 million EPF appropriation, and his efforts to protect the funds integrity by not "sweeping" funds for non-environmental purposes or offloading programs traditionally funded in other portions of the budget. This strong proposal begins to rebuild the EPF, and address the growing backlog of projects across the state.

In addition to supporting the appropriation level, we also urge your support of the Governor's proposal to reinvest in a number of EPF categories that have been hit hard in this economic downturn, including open space protection, farmland protection, invasive species eradication, the Zoos, Botanical Gardens and Aquaria (ZBGA) program, biodiversity research and stewardship, the Ocean and Great Lakes conservation initiative, and the Water Quality Improvements Program (WQIP).

In particular, the $5 million increase to the WQIP category, which will provide new funding for the protection of natural infrastructure in storm risk reduction, is an important step toward increasing our resilience to future storms and sea level rise and must be maintained. New York' coastal resources provide tremendous economic value and services supporting commercial and recreational fishing, and other forms of recreation and tourism. In addition, New York's beaches and salt marshes provide globally significant habitats for birds and other wildlife, supporting some of the world's highest diversities of migrating and breeding bird congregations. We are encouraged to see the Governor's focus on utilizing a balanced approach to reduce our vulnerabilities from the threats posed by climate change and help our ecosystems and wildlife species adapt to the new climate reality. By enhancing the protection of natural features like wetlands, marshes, dunes, barrier islands and beaches, it provides a cost effective solution that reduces flood risk to homes, businesses and infrastructure, while improving the health of our coastal environment. It is estimated that for every dollar invested in disaster mitigation and natural infrastructure protection, four dollars are saved in recovery costs[2].

Regarding the ZBGA program, which provides funding to many organizations like our Audubon Nature Centers for the care of their living collections, I'm happy to be joined today by colleagues from the Coalition of Living Museums, as well as several of our live birds of prey from the Theodore Roosevelt Sanctuary and Audubon Center who are direct recipients of this funding. We hope that you have the chance to meet these birds on the third floor of the Legislative Office Building today.

While we urge the legislature to support this proposed appropriation in the Governor's budget, we also urge you to work with the Governor to enact provisions that would continue to grow the EPF as its primary funding source continues to grow. When enacted in 1993, the EPF was designed to provide a secure source of environmental funding in good economic times and bad, through revenue from the Real Estate Transfer Tax (RETT). The RETT revenues have also been used to pay down the debt service on the 1996 Clean Water/Clean Air Bond Act. As the RETT continues to recover from the housing slump and debt payments on the 1996 Bond Act decline, we respectfully request that the RETT revenues which are no longer used to pay Bond Act debt be phased into the EPF to further augment the fund and maintain a conservation connection to this revenue source.

Supporting the clean energy economy

In addition to these direct investments in the EPF and State Agencies, the Governor's focus on spurring the transition to a clean energy economy, though investments and expansion of the 'New York Sun Solar Program', the Cleaner Greener Communities program, and development of a $1 billion green bank program are essential to the future recovery of the state and will help consumers and municipalities bring new renewable energy onto the grid and curb our reliance on fossil fuels. These programs will also help position the state as a national leader in moving toward energy independence and we strongly urge the legislature to support these important proposals.

Maintain New York's Eligibility to Receive Federal Funds - PPGG S.2605 / A.3005 Part M §15
Due to provisions enacted in previous budgets authorizing sweeps and transfers of special revenue accounts, some of which provide matching funds to federal programs, New York was at risk of being declared ineligible to receive over $20 million dollars in federal aid through the Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sport Fish Restoration funds by the United States Fish and Wildlife Service. These federal funding programs provide critical support to protect and restore wildlife and natural resources that are important for New York's environmental quality and economy. With recent cuts to the DEC's non-personal service budget, the DEC relies more heavily on this federal aid to advance conservation of wildlife and fish species which are important for tourism and recreation in New York State. Thankfully the Governor has included language in above referenced bill to address this issue, and we urge the Legislature to ensure this language is maintained in the final budget.

Other Potential Initiatives

Expand and Promote Voluntary Conservation Funding Programs

Currently, the state has enacted a number of voluntary conservation funding mechanisms, such as the Habitat Access Stamp, Bluebird open space conservation license plates, and the Return a Gift to Wildlife Program. However, there are currently no concerted efforts by the state to promote any of these opportunities, and many state residents don't even know they exist. We strongly urge the Legislature to work with Governor Cuomo to develop an initiative to promote these programs and expand the places residents can purchase the Habitat Access Stamp to bring in additional voluntary revenues to the state.

Federal Ecosystem Restoration Funding - Great Lakes and Long Island Sound

While New York continues to prioritize these investments in environmental improvements, the Federal government must continue to be an active player. Recently, thanks to the help of the Legislature, we have secured significant federal support through the Long Island Sound Restoration and Stewardship Acts, the Clean Water State Revolving Fund and the Great Lakes Restoration Initiative, including the addition of New Staff in the DEC's Great Lakes program thanks to a federal grant. In the coming months, as the President and Congress begin debate on the Federal budget for FY13 and 14, we look forward to working with members of the legislature to communicate the importance of this funding to the New York State Congressional Delegation.

Conclusion

Meeting the demand for environmental improvements and protecting bird species from further decline will take creativity and a commitment from all levels of government. Audubon New York once again urges the legislature to support Governor Cuomo's proposal to increase funding for the Environmental Protection Fund, continue funding to enhance our state parks, maintain our state agencies and ensure that needed environmental investments are made to help stimulate the economy and keep New Yorkers working. Thank you again for allowing me to testify today, and should you need any additional information, please contact me at 518-869-9731 or smahar@audubon.org.

[1] http://ny.audubon.org/audubon-parks

[2] http://www.mississippiriverdelta.org/blog/2012/07/02/the-next-50-years-nonstructural-storm-protection/