ESFPA E-News

CLCPA Amendments

ESFPA along with other trade associations, several energy businesses and academics from the College of Environmental Science and Forestry had worked on amendments to the Climate Leadership & Community Protection Act (CLCPA) to deal with greenhouse gas emissions accounting, carbon neutrality of biomass and the biomass power generation facility at Fort Drum in an effort to address alignment of the CLCPA with the IPCC and other states, factually acknowledge the difference between fossil and biogenic emissions and address affordability of implementing the Climate Scoping Plan.  These proposals were introduced last week by Senator Kevin Parker and Assemblymember Didi Barrett in S. 6030/A.6039. 

This legislation would:

• Change NYS’s GHG emissions accounting in real terms to be consistent with EPA’s national and state-specific inventories but not alter CLCPA 2030 or 2050 reduction goals as a percentage of 1990 baseline levels. 
• Exclude from the state’s GHG inventory biogenic CO2 emissions from the combustion of biomass and biofuels, which is consistent with IPCC, the GREET model and other state emissions reporting.
• Include in the state emission inventory emissions related to the production and transmission of biofuels into the state.
• Assure that biofuel investments in New York, and sale of biofuels in New York, receive full credit for carbon reductions, which should promote investments and expedite transportation sector emission reductions as increased use of biofuels will take place well in advance of a transition to e-vehicles, especially for heavy duty diesel vehicles.
• Avoid the need for duplicative NYS GHG inventories by the state or by individual businesses.

In addition, the legislation attempted to redefine “renewable energy systems” under the Public Service Law to enable the ReEnergy Black River Facility at Fort Drum to continue to receive renewable energy credits (RECs) and operate through 2034.

Governor Hochul on Monday committed to push this legislation in the SFY 2023-24 State Budget negotiations.  The Governor, DEC Commissioner Seggos and NYSERDA President Harris went public saying that implementation of the Scoping Plan under the CLCPA emissions reporting requirements was not affordable. 

In what can only be described as a “meltdown”, several Environmental Justice Organizations, left-leaning Environmental groups, and some key legislative leaders rallied against the proposals claiming it was backing away from CLCPA emission reduction commitments.  Over 48 hours an intense social media campaign ensued.  Under pressure, on Wednesday Governor Hochul said that the proposals would not be negotiated in the budget but would be revisited following the budget.  When and how she did not elaborate. 

The budget negotiations will include some additional climate-related proposals including All Electric Buildings and Cap & Invest.  Following the budget, ESFPA and like-minded trade associations will continue to work on the climate reporting and biomass/biofuel proposals.

WAC Watershed Forestry Educator Internship

The Watershed Agricultural Council’s Forestry Program is seeking to hire one seasonal Watershed Forestry Educator for the summer of 2023. The seasonal Watershed Forestry Educator will primarily provide support for educator training programs associated with the WAC Forestry Program’s Urban-Rural Education Initiative. The secondary function of this position will be to provide support for forest landowner outreach, education, and stewardship programs within the NYC Watershed.

The internship application deadline is Friday, April 28th. Submit cover letter, resume and writing sample to: Watershed Agricultural Council, 33195 State Highway 10, Walton NY, 13856, or by email to pbowker@nycwatershed.org

Learn more about the required skills, responsibilities, and compensation of this internship by clicking the link below: 

SFY 2023-24 Budget a Week Late

With the budget deadline of April 1^st slipping, Governor Hochul and the State Legislature agreed to a two-week extender of the State Budget.  On Monday the Legislature passed and Governor Hochul signed an appropriations bill to finance the State for two weeks.  There were no policy measures included in the extender. 

The impasse with bail has blocked progress in budget talks on other issues such as funding for the MTA, affordable housing, and expanding charter schools in New York City. The legislature left Albany late Monday and will return Monday, April 10^th to allegedly resume negotiations.  The Governor has also hinted that she will consider an additional extender bringing the budget up to 4 weeks late.  In proposing extenders after April 1^st, the Governor can include policy measures forcing an up or down vote in the legislature.  It’s not clear if the Governor will attempt to force such votes.  The Governor’s positioning has been weakened with the Legislature voting down her Chief Judge appointment and this week’s rejection of major climate proposals. 

The Budget impasse has emboldened the Legislature and created rifts between the Governor and Legislative Leaders. How this unfolds could well impact the remaining 4 years of Governor Hochul’s term.

Northern Long-eared Bat Rules

On March 31^st the Northern Long-eared Bat (NLEB) status under the federal Endangered Species Act (ESA) changed from “threatened” to “endangered”.  This change eliminates the 4-d rule that US Fish & Wildlife promulgated 5 years ago. The USF&W has, however, issued interim guidance on the NLEB that will be effective through March 31^st, 2024.  Based on information unfolding from USF&W and DEC, this interim guidance for sustainable forestry for the next year will be the status quo.  USF&W has taken the procedures from the 4-d rule and brought them into the interim guidance.  “If you can comply with the same guidance from the 4-d rule, you are fine.”  DEC is working on some guidance and hopes to share this soon.  As soon as we receive this, we will get it out.  But for now, operate as you have been.

ESFPA Meets with New Lands & Forest Director

Earlier this week ESFPA Director John Bartow, Chair Jennifer DeFrancesco and Lyme Timber representatives Sean Ross and Eric Ross met with Fiona Watt, new Director of the Division of Lands & Forest at DEC.  With Fiona were State and Private Lands Director Rob Messenger and Climate Forester Molly Hassett.  We had a great introductory meeting and covered a lot of ground including private forest stewardship, forests and climate change, and the role of markets in sustainable forestry.  Fiona has a lot to get her head wrapped around and she is committed to meeting with our members going forward.  We are already working on tours and meetings.  More to follow.