ESFPA E-News

New York Budget Stalled and Will be Late in 2023

Thursday afternoon the legislative leaders and Governor Hochul announced that the SFY 2023-24 Budget will not make the April 1 deadline.  The Governor, Assembly and Senate continue to be divided on major pieces of the budget like bail reform, housing and overriding local land use controls, and “tax the rich” proposals. Late Thursday and today we are seeing two-week extender bills to ensure the state can pay bills and state workers.  

Beyond being an incremental development, a late budget gives Hochul potentially more leverage going forward. Governors can include large swaths of their preferred budget plans in emergency spending measures. Lawmakers must approve an emergency spending measure by the end of the day on Monday in order to fund state employee payroll for more than 55,000 workers. Members of the Legislature themselves will not be paid until the budget is finalized. 

Other key items that we are monitoring that are also divided among the parties are minimum wage and all electric buildings.  Governor Hochul has supported a plan that would link the state's minimum wage to the rate of inflation, with a cap if costs run too high. Legislatively, Democratic lawmakers want to first increase the state's minimum wage, potentially to more than $20 an hour, and then link it to the cost of living going forward. Supporters of an accelerated wage hike have said the current wage -- $15 in the New York City area and $14.20 north of Westchester County -- has not kept pace with rising costs. ESFPA has joined a number of other business organizations in New York in opposing the change, arguing the cost of doing business has only skyrocketed in New York. In addition, we note that raising costs of production will result in cost reductions which could be automation and a loss of jobs.

Environmental advocates have said they support both the Legislative majority Democrats and the Governor in that they are on the same page about transitioning to more renewable forms of energy and cleaner burning fuels in buildings in the coming years. How they get to that point -- and potentially make for deeper changes for how New Yorkers live their lives -- remains unclear at this point. Hochul is backing a proposal to end natural gas and other fossil-fuel burning hookups in new construction in the coming years and phasing out fossil fuel appliances in existing buildings beginning in 2030. Democrats in the legislature have proposed a year sooner for new buildings as well as a wider swath of new buildings. They also have tempered the requirements on existing buildings. The changes, if approved, would not affect existing appliances like gas stoves. But lawmakers have said the coming years will be more complicated in changing out fossil fuel appliances, and Republicans have said the proposals are far too costly for many New Yorkers who are already facing spiking utility bills during the past winter. ESFPA has been assured that all these proposals at this point do not impact fossil-based appliances and systems used in manufacturing and processing equipment.

Whether New York gets a budget in two-weeks remains questionable.  Some legislators feel it may take more time given the holy week next week.  Either way, we expect the Legislature to return to Albany Monday and pass two-week extenders to keep the State running.  Most legislators will leave town early next week leaving legislative staff and leaders to try and hammer a deal out over the remaining week and a half.  Legislators will return on April 17^th and either pass a budget or enact another round of extenders.

Join the Conversation on Forest Health and Resiliency

Wednesday, April 19th, 2023, 12:00 - 1:30 p.m.

You are invited to join the Northern Forest Center for a webinar to explore the role of forests in maintaining a resilient landscape of communities and economies in the Northeast. They'll explore the health of and emerging threats to the Northern Forest and highlight leaders across the region working towards long-term solutions for forest integrity.

"Ensuring Long-Term Forest Health and Resiliency" is the fourth installation of the Center's Today's Forest Economy Webinar Series that examines current trends, innovations, and challenges for the wood products industry in the Northern Forest region. 

Three leaders will discuss their work in demonstrating the importance of forest management for long-term health and resiliency during an age marked by climate change and development pressure. They'll discuss what this means both in theory and in practice, why it is important, and what challenges and successes they have experienced.

The panelists include:

• Ali Kosiba, Extension Assistant Professor of Forestry, University of Vermont
• Kevin Evans, Director of Woodlands, Dartmouth College
• Steve Tatko, Vice President Conservation Research & Land Management, Appalachian Mountain Club

The webinar will be facilitated by Julie Renaud Evans, the Center's Program Director for community forests and forest stewardship.

27^th Annual ARC Conference on the Adirondacks

The Adirondack Research Consortium is hosting its 27^th Annual Conference on the Adirondacks in Lake Placid on May 18^th-19^th.  The event theme is "Climate Change in the Adirondack/North Country Region Mitigation, Adaption, and Implications".  There are a number of great speakers, and ESFPA helped get Grant Domke from the US Forest service to present on Friday the 19^th.  ARC has blocked rooms at the Golden Arrow in Lake Placid (518) 302-0480 which is across the street from the Conference Center at Lake Placid. 

You can get more information and register below:

New York Releases Final Disadvantaged Community Criteria and Draft Maps

New York State on Monday announced the Climate Justice Working Group's (CJWG) finalization of the criteria for identifying disadvantaged communities. Following Monday's CJWG vote, the criteria is enacted and will guide the equitable implementation of New York's ambitious Climate Leadership and Community Protection Act (CLCPA) provisions that prioritize disadvantaged communities by requiring reductions in air pollution and climate-altering greenhouse gas emissions and targeting clean energy and energy efficiency investments.

A list of disadvantaged communities, along with preliminary maps, can be found on the Climate Act website. A recording of the meeting and meeting materials will also be made available as soon as possible following the meeting. A fact sheet on the final criteria will be translated and, along with an interactive map and final report, will be made available online as soon as practicable.

The Climate Act requires State agencies and entities to prioritize and maximize reduction of greenhouse gases and co-pollutants in disadvantaged communities. The Climate Action Council approved and adopted the Scoping Plan in December 2022 to outline recommended policies and actions to help meet the directives of the Climate Act. For more information about the Scoping Plan, visit the Climate Act website.

Earn TLC Continuing Education Credits for Participating in Watershed PATH Program

Currently the Watershed Agricultural Council's (WAC) Forestry Program pays loggers in the Watershed a $500.00 payment per PATH output.

PATH (Planning & Analysis in Timber Harvesting) is a tool developed to track profitability on an individual logging job. This is important to WAC's Forestry Program as they are constantly evaluating their cost share rates to ensure loggers are being adequately compensated, and exploring other ways they can assist loggers and harvest operations. WAC Forestry staff works one-on-one with the logger to complete the analysis and the data is confidential. The process usually takes a maximum of around 6 hours.

In addition to the $500 stipend for participation, loggers completing a PATH output with WAC are now eligible for 1 NYLT TLC CE credit towards maintaining their TLC certification. Only 1 CE per renewal period can be used from a PATH output, however, loggers can continue participating in the WAC Forestry PATH program as many times as they wish for the output payment.
The PATH process:

1. Initial meeting: Logger meets with the WAC Forestry Research and Evaluation Specialist, Kris Brown, at the job site for a PATH introduction and demonstration, and to complete an interview about their business costs, including operating and overhead costs (2 hours).
2. Harvest results: Logger completes a post-harvest summary sheet for one logging job that includes their machine hours, production, revenue, and any job-specific costs. (2 hours).
3. Financial outcome: Instructor provides Logger with a summary of job productivity and profitability, including a detailed description of all PATH data inputs.
4. Follow-up: Logger reviews and discusses the results with the Research and Evaluation Specialist (2 hours)

In order to participate, loggers must reside in the NYC Watershed Counties or have previously completed a project with the WAC Forestry Program.
For more information, or to participate, please contact Kris Brown at kbrown@nycwatershed.org or (717)-552-3445.

The NYS BMP Guide is Now Available as a FREE App

The NYS Forestry Guide to Best Management Practices for Water Quality is now available as a FREE App for smartphones and tablets.

Click one of the links below compatible with your devices to download today!

ESFPA Signs Forest Industry Workforce Initiative Letter

This week, ESFPA signed onto a letter a that requests the 2023 Farm Bill include language and funding that directs the Secretary of Agriculture to create a grant program to establish immersive pathway training programs focused on the workforce development needs of the forestry industry and rural forest-based economies.

The sustainability and competitive viability of the forest products industry relies on an intact, healthy wood supply chain, including labor. Industry-wide labor shortages are limiting modernization and growth investments in existing and new forest product manufacturing facilities. Regional forest industry training hubs would allow participants to stay in or near their communities, which reduces the cost to participate and affords program developers increased flexibility in adapting training curricula to meet regional needs through ties to local forest product employers. A forestry workforce pathway program would include education opportunities to expand high school forestry curriculum, workforce diversification that provides increased awareness of career pathways in the forest products industry, as well as training programs in forest operations and wood product industries.

Read the full letter below:

NY Adopts Emergency Final Rule for Advanced Clean Car Standards and Medium and Heavy-Duty Vehicle Emission Standards

As we reported in 2022, The New York Department of Environmental Conservation (DEC) has adopted the final Emergency Rule for the California Advanced Clean Cars II regulations and the California Heavy Duty Omnibus and Phase 2 Greenhouse Gas (GhG) rules. These rules become permanent and final on May 8, 2023.

The DEC is adopting amendments to 6 NYCRR Section 200.9 and 6 NYCRR Part 218 to incorporate California’s Advanced Clean Cars II (ACC II) regulation, which was adopted August 25, 2022, by the California Air Resources Board (CARB). The amendments require increasing annual zero emission vehicle (ZEV) sales requirements starting in model year 2026 and increasing to 100% by model year 2035. The amendments also require new low emission vehicle (LEV IV) criteria pollutant standards for 2026 through 2034 model year internal combustion engine vehicles (ICEV). The proposed ZEV amendments apply to 2026 and subsequent model year light-duty passenger cars (PC), light-duty trucks (LDT), and medium-duty passenger vehicles (MDPV). A MDPV is any medium-duty vehicle less than 10,000 pounds gross vehicle weight rating (GVWR) that is designed primarily for the transportation of persons. The proposed LEV IV amendments apply to 2026 and subsequent model year PC, LDT, MDPV, and medium-duty vehicles (MDV) less than 14,000 pounds GVWR. The proposed revisions may have an adverse impact on businesses involved in manufacturing, selling, servicing, or purchasing medium- and heavy-duty vehicles.

The DEC is also amending Title 6 NYCRR Part 218, “Emission Standards for Motor Vehicles and Motor Vehicle Engines,” and Part 200, “General Provisions” to further the goals of reducing motor vehicle air pollution by incorporating the State of California’s Heavy-Duty Omnibus Low NOx (oxides of nitrogen) regulation (“Heavy-Duty Omnibus”) and Phase 2 Greenhouse Gas Standards (“Phase 2 GHG”) for Medium- and Heavy-Duty vehicles. New York is revising Part 218 to incorporate the Heavy-Duty Omnibus and its phased implementation of NOx and PM emissions standards for medium- and heavy-duty on-road engines and vehicles. In NYS, the emission standard revisions would require sales of new engines and vehicles beginning with Manufacturing Year 2026 for phase one, and 2027 and subsequent Manufacturing Years for phase two. The rule envisions a zero-emission vehicle transition for Medium- and Heavy-Duty Vehicles by 2045.

According to DEC, “NYS must maintain compliance with recent California standards to achieve necessary reductions of pollutants that form ozone and exacerbate climate change. Adhering to federal standards would impede NYS’s ability to make progress toward attainment of federal standards as required in its State Implementation Plan.” The proposed regulation will impact medium- and heavy-duty vehicle and engine manufacturers. The Department anticipates that all vehicle class and engine manufacturers are expected to pass compliance costs onto New York State vehicle and engine purchasers. They do anticipate rebates and incentives to help offset these increased costs. You can find the final rules on pages 26-38 of the March 29^th State Register. 

The Biden administration today plans to grant California the legal authority to require that half of all garbage trucks, tractor-trailers, cement mixers and other heavy vehicles sold in the state must be all-electric by 2035.  According to today’s articles on the decision, the pioneering truck rule will go beyond federal requirements, which is why the state needed permission from the administration to enact it. It comes on the heels of an ambitious regulation passed last year by California, and adopted by NY in December 2022, that requires all new passenger vehicles sold in the state to be electric by the same target year, 2035.

The legal waiver from the Environmental Protection Agency allows California to step out ahead of new federal standards on climate warming truck pollution, which the Biden administration hopes to unveil later this year. In December, the E.P.A. announced a new federal rule to cut nitrogen oxide from heavy vehicles, the first time in 20 years that it had tightened tailpipe emissions from trucks. As noted above, NY has accelerated the advanced clean truck rule on NOx by adopting California’s standard in December. New York has historically followed California’s lead on clean air policy, and we can probably see it happening yet again.  But some say the mandate that half of all heavy trucks sold be electric by 2035 is so ambitious as to be nearly impossible, given that less than 2 percent of heavy trucks sold in the United States last year were all-electric.

When California standard takes effect next year, the rule will pertain to sales of trucks ranging in size from delivery vans to big rigs. By 2035, 55 percent of delivery vans and small trucks, 75 percent of buses and larger trucks, and 40 percent of tractor-trailers and other big rigs sold in the state would have to be all-electric.