Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
HUDSON RIVER FOUNDATION FOR SCIENCE AND ENVIRONMENTAL RESEARCH INC
Employer identification number
13-3089956
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
610,140
242,589
1,407,343
577,195
662,359
3,499,626
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
610,140
242,589
1,407,343
577,195
662,359
3,499,626
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
26,233
6
Public Support. Subtract line 5 from line 4.
3,473,393
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
7
Amounts from line 4..
610,140
242,589
1,407,343
577,195
662,359
3,499,626
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,252,538
1,435,618
2,282,909
1,217,304
1,064,756
7,253,125
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
444
244
413
67
51
1,219
11
Total support (Add lines 7 through 10).
10,753,970
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
222,711
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
32.299 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
31.745 %
16a
33 1/3% support test—2011.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2010.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2011.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2010.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
The Public Support percentage for the Hudson River Foundation for Science and Environmental Research, Inc. (the Foundation) in 2011 is 32.30%, which is under the 33-1/3% support test. Although the level of public support has remained high, $577,195 in 2010 and $662,439 in 2011, the following considerations satisfy the Facts and Circumstances test: 1. The Foundation was specifically created to address public policy issues related to the environment of the Hudson River as the result of an agreement among 11 parties, representing government agencies and public interest organizations. 2. All of the total support for HRF activities comes either directly from annual public support-gifts, grants and contributions-or income from investments of funds originally provided in the form of public support, including funds provided directly by government agencies or at the direction of government agencies through settlement agreements between government agencies and private parties for the purpose of addressing scientific and environmental issues affecting the public interest. 3. Virtually all of the Foundation's activities, including its external grants program and its internal operating programs are planned and coordinated with representatives of the public and government agencies in order to advance government policy and programs concerning the Hudson River and its watershed.
4. In accordance with its charter and other governing documents, The Foundation continuously engages with the general public and with government agencies, both in receiving information related to its mission and reporting on its activities. The Foundation staff hold leadership positions in numerous official government programs. The Foundation's facilities were designed and are used continually to provide a headquarters and convening space for the full range of Hudson River-related stakeholder interests, including government agencies. Meetings and other activities of government bodies are regularly conducted at the Foundation's offices. 5. The governing structure of the Foundation is constituted to represent the broad interests of the public in scientific and environmental matters related to the Hudson River. No personal, private or donor interests are represented. The Board of Directors and key committees directing the activities of the Foundation are selected to include a broad array of experts and public leaders, including representatives of civic organizations, public agencies, educational and scientific research institutions. 6. All of the Foundation's activities are designed to attract support from the governmental units with which it interacts daily in conducting its scientific and environmental programs. In addition to the income from the internal funds provided directly or indirectly by public agencies, annual support for the Foundation's programs is typified by contributions from public agencies (the primary source of public support) and the general public as shown in Schedule B, Part I of this Form 990.
Schedule A (Form 990 or 990-EZ) 2011
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
HUDSON RIVER FOUNDATION FOR SCIENCE AND ENVIRONMENTAL RESEARCH INC
Employer identification number
13-3089956
Identifier
Return Reference
Explanation
FORM 8868
EXTENSION OF TIME
FORM 8868 - APPLICATION FOR EXTENSION OF TIME TO FILE FOR AN EXEMPT ORGANIZATION WAS FILED.
FORM 990, PART VI, GOVERNANCE, MANAGEMENT AND DISCLOSURE
SECTION B, LINE 11A: Prior to filing, the 990 is distributed to all members of the Board of Directors, who are given the opportunity to comment or ask questions prior to filing. A copy is also provided to the counsel to the Foundation for his review and comment. SECTION B, LINE 12A,B&C: A copy of the Conflict of Interest Policy is distributed annually and a statement disclosing any conflicts is completed by officers, directors and key employees. SECTION B, LINE 15: The Executive Director's compensation is determined annually by a committee of the Board of Directors, with the consultation and approval of the full Board of Directors. The determination is based on a review of comparability data and is documented in the minutes of the meeting of the Board of Directors at which the compensation is approved. SECTION C, LINE 19: The Foundation makes its financial statements, and other similar information available to the public upon request.
FORM 990, PART XI
QUESTION 5
OTHER CHANGES IN NET ASSETS INCLUDE UNREALIZED LOSSES OF $2,177,983.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.