** FILE ** Joe Martens, commissioner of the New York State Department of Environmental Conservation, testifies before a joint budget hearing on the environment on Monday, Feb. 4, 2013, in Albany, N.Y. (AP Photo/Mike Groll)

Photo by: Mike Groll

** FILE ** Joe Martens, commissioner of the New York State Department of Environmental Conservation, testifies before a joint budget hearing on the environment on Monday, Feb. 4, 2013, in Albany, N.Y. (AP Photo/Mike Groll)