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Earth Night

April 22, 2005

Dear Representative:

The Environmental League of Massachusetts (ELM) would like to bring to your attention several proposed amendments to the House Ways and Means FY2006 budget that would protect our natural resources and public health. The environmental budget has been cut by over 30 percent since 2001 and residents of the commonwealth have begun to feel the consequences of those cuts. These consequences are real and include

• less drinking water quality monitoring,
• no hazardous waste site discovery,
• fewer grants for municipalities to comply with complicated environmental regulations,
• fewer inspections of regulated facilities,
• fewer rangers in our parks to protect user safety,
• increased illegal dumping in our parks, and
• dangerous conditions on trails.

ELM has identified 19 priority amendments that will most directly impact public health and environmental programs across the state. The modest amount of funding it would require to adopt these amendments would enable our environmental agencies to more effectively carry out their many and increasing responsibilities.

We are well aware of the fiscal challenge before you as you consider the budget for next year. For that reason we support new revenues to meet the very real needs of the state's environmental programs. Specifically, we support Rep. James Marzilli's amendment 1172 which mirrors Governor Romney's initial corporate tax loophole legislation (H.B. 21) as a way to both create a level playing field for taxing businesses and provide millions of dollars in much needed revenue.

Please take a moment to review these amendments and the actions we request you take on them. Your support for the environment today will save Massachusetts money and resources in the long run.

Amendment 465 removes the requirement that EOEA (line item 2000-0100) provide 20 days notice to the legislature prior to entering into a service agreement. Given concerns about retaining environmental integrity when outsourcing services to protect our environment, we support the requirement that service agreements are made public prior to their implementation.-Oppose

Amendment 1269 provides additional funding for the DEP Administrative line item (2200-0100) at $31.8 million. The DEP Administrative line item provides funding for much of the agency's programs including enforcement. After the funding and staffing cuts of the last four years, DEP has become almost entirely reactive to events as they occur rather than proactive in protecting public health and the environment. The funding this amendment provides is much needed support to an agency struggling to fulfill its core responsibilities.-Support

Amendment 702 increases funding for the Hazardous Waste Site Cleanup program (line item 2260-8870) to $15.4 million. This program has seen the most severe programmatic cuts DEP has faced in the last four years. The program no longer seeks out hazardous waste sites that need remediation, it no longer oversees permits for the cleanup of the most hazardous waste sites, and it has scaled back its technical support grants. Without additional funding the program cannot be proactive in protecting public health and the environment and can only react to crises.-Support

Amendment 753 reinstates the Natural Heritage and Endangered Species Program line item (2310-0500) and provides $250,000. This small amount of funding will provide support to a program that for the last two years has not received any funding in the operating budget. The program has been left to survive on voluntary donations, hampering its ability to provide biological field surveys and environmental impact reviews.-Support

Amendment 754 makes permanent the waiver for overhead fees the Natural Heritage and Endangered Species program received recently from the Romney Administration. Prior to the waiver, the administration had been charging the program 36 percent of all donations. Because the program is no longer included in the operating budget and receives only approximately $190,000 in voluntary donations, every dollar raised is needed. Those who donate to the program expect their support to be used for the program's core mission.-Support

Amendment 756 increases the amount provided for the Riverways program (line item 2300-0101) to $434,719. While the increased amount is small in relation to the entire budget, the funding goes far in leveraging volunteers to monitor water quality and quantity in the commonwealth's rivers as well as supporting the removal of dams that no longer function properly and would cost the commonwealth more to repair.-Support

Amendment 749 increases funding for the state parks (line item 2810-0100) to $25.6 million. The state parks have been cut almost 40 percent since 2001 when adjusted for inflation. These cuts have resulted in unsafe conditions and crumbling facilities rather than a world class park system. Over 10 million people visit our state parks each year, but we cannot promote our state parks as a destination if we do not adequately maintain them.-Support

Amendment 800 allows DCR to retain $4.4 million of the fees they charge (line item 2810-2040). Because funding cuts for our state parks have been so drastic, it is important that DCR be able to retain more of the income they generate. Visitors expect their fees to be spent on maintenance and staffing to promote an enjoyable park experience.-Support

Amendment 874 increases the funding for urban parks (line item 2820-0100) to $30 million. Spending on urban parks has been cut by 35 percent since 2001 when adjusted for inflation. Much like the state parks, these cuts have led to concerns about visitor safety and facilities that are in desperate need of maintenance.-Support

Amendment 70 would require DCR to make a one-time payment of $30,000 from its urban parks line item (2820-0100) to every city and town in the commonwealth for municipal park maintenance. It is not appropriate for monies for state owned properties to be diverted to municipalities for municipally owned parks. State owned parks are in dire need of resources and this amendment would do grave damage to DCR's ability to manage its own properties. On a related note, the number of amendments included in this budget that earmark DCR funds for municipally owned parks and facilities is unlike any other budget, and all of these amendments should be opposed. -Oppose

Amendment 1216 creates a stormwater management fund (line item 2800-XXXX) for DCR of $750,000. DCR is currently in violation of Clean Water Act regulations because of how poorly it manages stormwater. Stormwater runoff is a major source of water pollution. Because DCR holds over 160,000 acres of land, noncompliance with the Clean Water Act has a tremendous impact on water quality across the state. This funding will help the agency take steps to comply with the Act. -Support

Amendment 866 provides an additional $100,000 for the completion of the historic parkway treatment guidelines for DCR parkways (line item 2800-0100). The historic guidelines are important in preserving the character of the parkways now and in the future.-Support

Amendment 869 protects the integrity of the parkways by prohibiting any change in the physical condition or the management of the parkways until binding preservation treatment guidelines have been adopted by DCR.-Support

Amendment 415 removes the requirement that DCR (line item 2800-0100) provide 30 days notice prior to entering into a service agreement. Given concerns about retaining environmental integrity when outsourcing services to protect our environment and the historic parkways, we support the requirement that service agreements are made public prior to their implementation.-Oppose

Amendment 250 amends the Toxic Use Reduction Institute's (TURI) line item that provides $250,000 to study alternatives to 10 very toxic chemicals by limiting the study to 5 chemicals (line item 7100-0350). This study is an important first step toward protecting public health and minimizing unnecessary exposure to dangerous chemicals. However, TURI has determined that given the funding and the time frame it would be able to effectively study only 5 of the 10 listed chemicals.-Support

Amendment 413 would strike the TURI study of 10 toxic chemicals entirely. Because the study is such an important first step toward protecting public health, TURI should be provided with the necessary funding to study 5 of the most dangerous chemicals, per Amendment 250, to determine what alternatives exist.-Oppose

Amendment 1266 proposes a new process for the identification and disposition of state surplus lands. This proposal balances municipal and state needs while also promoting smart growth.-Support

Amendment 508 exempts cities and towns from paying for state owned land that is used for schools. Since it is unclear whether this would include the use of state owned parks and open space we do not support this amendment. There has been a disturbing trend of municipally owned parks being conveyed for use as sites for new schools and we do not support the conveyance of state owned parks for this purpose.-Oppose

Amendment 1172 closes a number of corporate tax loopholes and mirrors the governor's initial bill, H.B. 21. The $170 million generated from closing these loopholes would go far in providing much needed funding for many programs that have been cut in the last four years.-Support

Sincerely,

Megan Amundson
Policy Analyst