ESFPA E-News

Happy Thanksgiving from ESFPA

Reflecting on the Empire State Forest Products Association’s vast array of recent successes as well as challenges, we are struck by the profound impact our work is having – and grateful for your membership in making it all possible. Together, with your support of ESFPA, we are protecting the way our forests and wood product manufacturers contribute to our economy, your profitability, serve people who work for you and ensure sustainable forest management throughout New York. As a member, your support allows us to act quickly and effectively so we can meet the moment and do whatever it takes to address the policies, regulations and laws that affect us all.  

As we come to the close of the year, we will be reflecting on what we have done in 2022 and preparing for what is ahead in 2023.  No doubt we will have a lot to deal with. With your support we have and will continue to strive for a thriving sector.  Your generosity and partnership make it all possible.  This week we hope that you enjoy time with friends and loved ones. We are very thankful to have the privilege to serve you, our members. With best wishes for a happy and healthy Thanksgiving! 

-John, Gabriella and Dorian

WEBINAR: COVID EIDL Repayment: Everything You Need to Know

Monday, December 5

11:30 am – 12:00 pm ET

For many COVID Economic Injury Disaster Loans (EIDL) approved by the U.S. Small Business Administration (SBA), initial payments became due in October 2022 and most will become due over the next few months.

Please join us to learn:

1. Covid EIDL terms and conditions and borrower responsibilities
2. Creating a Capital Access Financial System (CAFS) account with SBA to review your loan information and check on payment history
3. Making loan payments electronically and setting up re-occurring loan payments on pay.gov
4. How to request servicing actions on your EIDL loans, such as lien subordination requests, collateral release requests, sale of business, or business closing
5. Where to go for support with planning your payment

SBA programs are extended to the public on a nondiscriminatory basis. Reasonable accommodations for persons with disabilities may be made by request in advance to Syracuse.DistrictOffice@sba.gov or 315-471-9393.

Are NY’s Clean Energy Goals Really on Track?

by Bridget Reed Morawski 

CLEAN ENERGY: Although New York officials say they’re on track to meet a 70% renewable electricity goal by 2030, the state still needs to build 100 times more large-scale solar, battery storage and offshore wind facilities in the next five years than it has in the past decade. (New York Focus)

ELECTRIC VEHICLES:
• A news outlet’s investigation finds most fires stemming from e-bike lithium-ion batteries are occurring in lower-income neighborhoods, with most in multi-unit rentals or one- or two-family homes. (The City)
• An eastern New York town completes construction of eight new charging stations split between the city hall and a park. (Saratogian)

SOLAR:
• The board of Rotterdam, New York, unanimously institutes a 12-month-long solar project moratorium as it updates the city code. (Daily Gazette)
• Some Maine conversation groups and residents who support solar energy say they worry the industry is cutting too deep into the state’s forestlands. (Bangor Daily News)

OFFSHORE WIND: In New York City, two Staten Island parcels may end up as offshore wind supply chain sites and have their LNG tanks removed in the process. (SI Live)

CLIMATE:
• A New York climate, justice and labor coalition campaigns for the state to spend $10 billion to achieve the goals of its major climate act. (Times Union)
• As New Jersey pursues its climate lawsuit against the fossil fuel industry, stakeholders consider how it can win. (Gothamist)
• A Maryland county withdraws its request to contract with a law firm on a potential climate lawsuit at the firm’s request. (Baltimore Sun)
• Maine wreath-makers see a shorter season than ever this year to harvest balsam fir branches because of high temperatures extending into the fall. (Bangor Daily News)

TRANSIT: Numerous speakers at a Rhode Island transportation committee meeting say the state is missing the mark on revamping its transit system, which will hurt public health and progress on climate goals. (ecoRI)

UTILITIES: The Saugerties, New York, board can’t agree on whether to try community choice aggregation again after the utility tasked with implementing the town’s first attempt failed to uphold its contract. (Daily Freeman)

AFFORDABILITY: Connecticut’s governor and top legislative leaders agree to increase heating oil assistance and extend a gasoline tax and public bus fare waiver. (New Haven Register)

INCINERATION: The public agency that runs a recently closed incineration plant faces scrutiny over its decommissioning plans, but the agency’s leaders say it’s not responsible for redeveloping the site. (Hartford Business)

Clock Ticking on Climate Plan

by Marie J. French and Ry Rivard

Less than a month remains before the Climate Action Council is scheduled to vote on a plan to slash emissions that has sweeping implications for the way New York residents get to work and heat their homes. The CAC meets today to discuss proposed edits to the draft plan that was released last year and received thousands of public comments. The latest version of the plan, obtained by POLITICO, largely hews to the draft’s focus on electrifying almost everything as the primary path toward emissions reductions.

Council members during feedback sessions held last week were largely supportive of one of the newest proposals: an economy-wide “cap and invest” program for emissions to raise revenue. “Only a cap-and-invest program would implement an enforceable cap on emissions overall and a mechanism for state enforcement of such limits against individual sources, thus ensuring that aggregate emissions do not exceed the Statewide emission limits,” the draft chapter states. NY Renews is pressing for equity considerations to be included.

Policies to phase out combustion equipment in buildings, subsidies for renewable energy under the Clean Energy Standard and a low-carbon fuel standard to incentivize electrification of vehicles are also included in the plan. “The Clean Energy Standard is what gets renewables sited in New York, the cap and invest program ensures we reduce emissions,” said DEC’s Jared Snyder during a feedback session on the plan last week. “Think of the cap and invest as an overlay, an umbrella over the whole economy. Underneath it there’s many, many policies.”

Those sessions reveal a continued divide on the council over how big of a potential role green hydrogen and renewable natural gas should play in reducing emissions in New York. Overall, the council appears set to proscribe a limited role for RNG, expressing a preference for on-site use of biogas that could be turned into pipeline-grade fuel and declining to support a low-carbon fuel standard in the gas sector as some in the utility industry have advocated.

“The Council has reviewed the potential use of RNG and green hydrogen in the gas system for space heating or process use where electrification is not yet feasible or to decarbonize the gas system as it transitions,” states the new draft, which is subject to edits by the council. “While there may be a strategic role for the system to transport RNG, the potential in-state availability and resource size of RNG is currently small as compared to current levels of fossil gas use. As for green hydrogen, there may be situations where the existing gas system is not designed to handle any substantial quantity of blending of green hydrogen.”

Council member Bob Howarth, a professor at Cornell, pushed back on this addition as too soft on the extremely limited role RNG would likely play and the inability of existing pipelines to carry hydrogen at high levels. He said the fuels are not appropriate in the gas system. Donna DeCarolis, president of gas-only utility National Fuel Gas, argued that the paragraph was too negative and continued to press for more consideration of these options. “We should be considering dual heat pathways,” she said during the discussion of the buildings chapter.

One issue that’s key to keep in mind as the plan is finalized is that the state’s climate law grants Gov. Kathy Hochul’s administration — specifically, the Department of Environmental Conservation — vast regulatory authority to implement emissions reductions policies that “reflect, in substantial part” the programs recommended in the plan. It’s less likely to sit on the shelf than previous energy planning efforts in New York. State officials have clearly stated they have the authority to enact the economy-wide cap and invest program without legislative approval. Some other items in the plan call for legislative action to enable particular programs, including a need for statutory changes to align the state’s Public Service Law with the climate law. The buildings chapter also calls for the Legislature to allow for the “establishment and enforcement of energy standards for buildings” that would set the stage for banning fossil fuel combustion equipment replacements starting in 2030 for single-family homes and low-rise residential buildings. 

Overview of COP27 Developments

The following is an overview of notable developments from the 27^th United Nations Climate Conference of the Parties (COP27) held in Sharm el-Sheikh, Egypt from November 6 to November 20. The conference concluded with a landmark U.N. climate agreement to provide loss and damage funding for vulnerable countries affected by climate disasters. Details are still being determined as to which countries should contribute and how the funds will be appropriated.

The Biden administration focused on clean energy solutions and welcomed collaborative action with global partners. President Biden joined over 100 world leaders at the summit and highlighted the Inflation Reduction Act, which includes $369 billion in funding to address climate change, and pledged to direct $11 billion annually toward international climate aid by 2024. Please find here Biden’s COP27 speech and the White House COP27 Fact Sheet. 

Carbon Offset Plan:

At the conference, John Kerry, Special Presidential Envoy for Climate, announced a global carbon offset plan. The plan proposes an Energy Transition Accelerator (ETA) to utilize private capital to accelerate the clean energy transition in developing countries. Under the plan, companies would buy credits from developing nations that are reducing their greenhouse gas emissions.

• Examples of projects include plans to decarbonize power grids by investing in renewables, retiring coal plants, and building power storage.
• The ETA aims to be functioning by COP28 scheduled for November-December 2023.
• The ETA may only be open to companies committed to achieving net-zero no later than 2050 and science-based interim targets.

Methane:

The U.S. released an updated Methane Emissions Reduction Act Plan, that includes $20 billion in new investments to reduce methane emissions.

• The United States and more than 150 other nations have pledged to cut methane emissions by 30% by 2030 from 2020 levels.

On November 11, the Environmental Protection Agency announced it is strengthening its proposed standards to reduce emissions of methane from new and existing oil and gas operations. The proposal includes a Super-Emitter Response Program that would require oil and gas operations to respond to credible third-party reports of high-volume methane leaks.  

Global Net-Zero Government Initiative:

On November 17, the United States launched the Global Net-Zero Government Initiative. 18 countries have so far joined the initiative. It should be noted that on November 14, ahead of the G20 summit in Indonesia, the U.S. and China resumed formal talks on climate change. Countries that participate in the initiative commit to:

• Achieving net-zero emissions from national government operations by 2050;
• Developing a roadmap by COP28 (Nov. - Dec. 2023) that outlines the pathway for achieving the net-zero commitment with interim targets; and
• Publishing the roadmap upon completion. 

President Biden’s Federal Sustainability Plan directs the federal government to achieve net-zero emissions across its operations by 2050. In addition, the Biden Administration issued a report outlining the Administration’s vision for how the U.S. could reach net-zero GHG emissions by 2050 through “game changing” research and development opportunities. Key takeaways include:

• The report characterizes bioenergy as a carbon neutral, near-term supplement or replacement for fossil fuel electric generation; and bioenergy with carbon capture and storage (BECCS) as a long-term enabler of CO2 removal from the atmosphere.
• The report also refers to sustainably managed forests and long-lived wood products as examples of nature-based carbon removal.

Forestry:  

World leaders launched the Forest and Climate Leaders’ Partnership (FCLP) to halt and reverse forest loss and land degradation by 2030. It is a voluntary partnership of 26 countries and the European Union following the Glasgow Leaders’ Declaration on Forests and Land Use.

• It is chaired by the United States and Ghana.
• Over 33% of the world’s forests are covered in this partnership.
• The FCLP will hold annual meetings to encourage accountability and starting in 2023, the FCLP will publish an annual Global Progress Report.

In addition, President Biden announced that the United States Department of Agriculture intends to establish an International Climate Hub for Climate-Smart Agriculture, that will share best practices and research on climate-smart agriculture and forestry.

On November 14, the Advisory Committee on Sustainable Forest-based Industries (ACSFI) hosted the event, Keeping 1.5°C alive through growing the climate smart forestry based bio-economy. The event was supported by the International Council of Forest and Paper Associations (ICFPA). ACSFI commissioned the consulting firm Dalberg to help draft a report that was released at the event. The report includes input from AF&PA. You can watch the recorded event by registering here. COP 28 will convene from November 30 - December 12, 2023, in the United Arab Emirates.

They’re Spreading! Spotted Lanternflies Confirmed in 16 NY Counties

A state effort to track the spread and prevalence of spotted lanternflies – by using community reports and digital mapping – shows that at least 16 New York counties have confirmed sightings of the bug to date.

As of November 2022, spotted lanternflies have now been confirmed in:

• All five of New York City’s counties: Bronx, Queens, Kings, New York and Richmond
• Long Island’s Nassau and Suffolk counties
• Westchester
• Rockland
• Putnam
• Orange
• Dutchess (fewer reports in Dutchess than further downstate)
• Ulster (fewer sightings, but fairly scattered)
• Sullivan (most reports appear near border of Orange)
• Broome (sightings focused in Binghamton area)
• Tompkins (sightings focused in Ithaca area)
• Erie (sightings focused in Buffalo area)

Spotted lanternfly sightings are logged and appear on an interactive online tool, iMapInvasives.

The New York tracking program is managed by the New York Natural Heritage Program, a partnership between SUNY College of Environmental Science and Forestry and the state Department of Environmental Conservation, with funding from the New York State Environmental Protection Fund.

With the insect spreading last year, volunteers from the public were invited to sign up to survey an area of land on iMapInvasives – which tracks a host of invasive species in addition to the spotted lanternfly. The state held training to educate the volunteers on how to identify it and tree-of-heaven, a plant it commonly feeds on.

“This first-of-its-kind effort is a great next step in New York’s work to combat spotted lanternfly,” New York State Agriculture Commissioner Richard Ball said at the time. “The public has been key to our efforts in combating the spread of this invasive species for years. By expanding this call to action, we can continue to share knowledge and encourage awareness of SLF across New York, while also increasing the amount of ground we are covering.”

REPORTING SPOTTED LANTERFLIES

Any member of the public can report an invasive species for the iMapInvasives project online at their website.

The New York State Department of Agriculture and Markets also collects public reports of spotted lanternfly sightings. They do not, however, ask for reports from New York City; the agency does ask city residents to kill spotted lanternflies on sight.

For New Yorkers outside of the city, the Agriculture Department asks that it be reported on their website. A photo is also requested, as well as a sample if possible (preserve by placing in a freezer or in a jar with rubbing alcohol or hand sanitizer).

LANTERNFLY EGGS

Most importantly, spotted lanternflies began laying their eggs in September – and they should be identified and destroyed.

The eggs are laid in masses, often on trees, but also on any hard surface, from rocks to cars.

Experts say the masses are typically about 1 ½ inches long and ¾ inches wide. A substance covering the eggs turns from creamy-white and putty like in the early fall to a dried-out substance that is darker tan, resembling a splotch of mud.

“Late fall, after spotted lanternflies are killed by freezing temperatures and before they hatch in May, is a good time to find and destroy spotted lanternfly egg masses,” said researchers at New York State Integrated Pest Management Program at Cornell University.

To destroy the egg masses:

• Scrape them using scraper cards, or anything else that is hard, tapered and/or flat.
• Kill eggs by putting them into doubled bags, alcohol/hand sanitizer, or by smashing or burning them.

Biggest U.S. Rail Union Digs in on Paid Sick Time, Raising Threat of Strike

by David Shepardson and Lisa Baerltein

Workers at the largest U.S. rail union voted against a tentative contract deal reached in September, raising the possibility of a year-end strike that could cause significant damage to the U.S. economy and strand vital shipments of food and fuel.

Train and engine service members of the transportation division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) narrowly voted to reject the deal. That unit, which includes conductors, brakemen and other workers, joins three other unions in rejecting a deal brokered via a board appointed by U.S. President Joe Biden.

"There's a lot of anger about paid sick leave among the membership" who kept goods flowing during the early days of the COVID-19 pandemic, said Seth Harris, a professor at Northeastern University.

Labor unions have criticized the railroads' sick leave and attendance policies and the lack of paid sick days for short-term illness. There are no paid sick days under the tentative deal. Unions asked for 15 paid sick days and the railroads settled on one personal day.

Railroads have slashed labor and other costs to bolster profits and are fiercely opposed to adding paid sick time that would require them to hire more staff. Those operators, which include Union Pacific (UNP.N), Berkshire Hathaway Inc's (BRKa.N) BNSF and CSX (CSX.O), say the contract deal has the most generous wage package in almost 50 years of national rail negotiations.

"The union needs to get this done in advance of the new Congress," said Reliant Labor Consultants principal Joe Brock, a former Teamsters local president.

Republicans, who historically favor corporations over unions, earlier this month won control of the U.S. House starting in January.

"I see a minimal improvement in sick pay, and huge pressure from the (Biden) administration to accept a deal," Brock said.

But railroads are also under pressure to wrap up talks. Major U.S. industry groups complain that rail industry cost cuts have hurt service. On Monday, several renewed calls for Biden and Congress to swiftly intervene to prevent a strike or employer lockout ahead of the holiday season.

White House spokesperson Karine Jean-Pierre said a shutdown would hurt American families, farms and businesses. She said Biden is being briefed on the issue and that Labor Secretary Marty Walsh is "very much engaged."

"We continue to urge both sides to finish their work in good faith and avoid even the threat of a shutdown," she told reporters. "But like we do for all issues, our team is preparing and planning for all possible outcomes."

Can Be Settled 'Without a Strike'

A rail traffic stoppage could freeze almost 30% of U.S. cargo shipments by weight, stoke inflation and cost the American economy as much as $2 billion per day by unleashing a cascade of transport woes affecting U.S. energy, agriculture, manufacturing, healthcare and retail sectors.

Last week, the U.S. Chamber of Commerce said Congress should step in to prevent any disruption, warning it would be catastrophic for the economy. Automaker General Motors (GM.N) has said a halt would force it to stop production of some trucks within about a day.

"This can all be settled through negotiations and without a strike," SMART-TD President Jeremy Ferguson said in a statement.

The National Carriers' Conference Committee (NCCC), which represents the nation's freight railroads in talks, said the "continued, near-term threat" of a strike "will require that freight railroads and passenger carriers soon begin to take responsible steps to safely secure the network in advance of any deadline."

The railroads showed no sign of being willing to reopen talks and said, "Congress may need to intervene, just as it has in the past, to prevent disruption of the national rail system."

The standoff between U.S. railroad operators and their union workers in September disrupted flows of hazardous materials such as chemicals used in fertilizer and disrupted U.S. passenger railroad Amtrak service as railroads prepared for a possible work stoppage.

Unions, including a separately contracted unit covering more than 1,000 SMART-TD yardmasters, have ratified nine of 13 agreements covering about half of the 115,000 workers affected by the talks.

The deal includes a 24% compounded wage increase over a five-year period from 2020 through 2024 and five annual $1,000 lump sum payments.

Beginning on Dec. 9, SMART-TD would be allowed to go on strike or the rail carriers would be permitted to lock out workers, unless Congress intervenes. Three other unions that rejected the deal have already agreed to extend a strike deadline until early December.

If there is a strike by any of the unions that voted against the deal, Brotherhood of Locomotive Engineers and Trainmen and other rail unions that ratified agreements have pledged to honor picket lines.

The Biden administration helped avert a service cutoff by hosting last-minute contract talks in September that led to a tentative contract deal.