ESFPA E-News

Volume 6 - Issue 24

June 16th, 2025

New York State Legislature Winding Down

As we prepare this e-news, the State Assembly continues to meet on the final stretch of bills for this session. The Senate adjourned and left Albany late last Thursday so any bills that did not pass the Senate are now off the table for enactment this session. One disappointment as we write, the EPR legislation below just Passed Both Houses.

As we look to the next two days we are watching the following:

Packaging Reduction and Recycling Infrastructure Act (EPR) – A. 1749 (Glick)/S. 1464 (Harckham) Passed Senate

Enacts the "Packaging Reduction and Recycling Infrastructure Act" to require companies selling, offering for sale, or distributing covered packaging materials and products to reduce consumer packaging, improve recycling and recycling infrastructure, including supporting reusable and refill infrastructure, financially support municipal recycling programs, reduce toxins in packaging and require producers of products to bear the onus for end-of-life solutions to product packaging.

ESFPA remains pleased that non-packaging paper is not included in the bill, and it remains a packaging proposal. The Bill passed the Senate last year and we expect it to pass again in 2025. There is pressure from municipalities and environmental groups to amend the bills to include all paper products. If that happens the bill includes provisions related to rates and dates, post-consumer content, mandatory product reductions and toxics that we could not support. ESFPA has not issued a memo on this bill in 2025, but we have signed a memo of concerns lead by the Business Counsel of NY. In Assembly Rules.

Tropical Rainforest Economic & Environmental Stability Act (TREES Act) - A. 8673 (Glick)/S. 7203 (Krueger) Passed Senate

Enacts the tropical rainforest economic & environmental sustainability act requiring that companies contracting with the state do not contribute to tropical forest degradation or deforestation directly or through their supply chains; establishes the supply chain transparency assistance program to assist small and medium-sized businesses and minority and women-owned businesses in achieving compliant supply chains.

ESFPA objects to this legislation based on definitional concerns, impact on businesses, DEC new role in procurement and the fact that North America accounts for >4% of all consumption of Tropical forest and agricultural commodities. Remains in Assembly Gov Ops committee.

Reclaimed Lumber – A. 3029 (Kelles)/S. 2091 (Kavanagh) Passed Senate

Establishes structural standards for the reuse of deconstructed building materials (i.e. reclaimed lumber); requires the uniform building code to set standards for the use of solid-sawn lumber in construction and for the grading of used solid-sawn lumber; requires the Secretary of State (i.e. Codes Council) to develop a program for grading reclaimed wood for structural purposes.

State Code Council and NYS Building Officials Council (NYSBOC) have issues with this legislation. It was introduced in the Assembly in 2024. Senate cosponsor in 2025. Sits in Assembly Govt. Ops. Committee.

NY Home Energy Affordable Transition Act (HEAT Act) “Light” - A. 8889 (Simon)/S. 4158 (Krueger) Passed Senate

Amends the Public Service Law (PSL) to include achievement of “climate justice and emission reduction mandates” of the CLCPA. On June 9th, Senator Krueger and Assemblymember Simon have introduced a new bill substantially amending the HEAT Act. Compared to the HEAT act introduced this February Act (A. 4870-A (Simon)/S. 4158 (Krueger)), the new bill makes these changes:

The bill requires Public Service Commission (PSC) to develop regional affordable gas transition plans, rather than a single statewide plan, to be completed in 2 years. Plans are to recognize the unique needs of each region of the state.
The bill authorizes, but does not mandate, PSC to order gas corporations to develop implementation programs, and seems to provide discretion to gas utilities to implement any PSC approved regional plans.
Implementation programs cannot result in the discontinuance of gas service to “difficult to electrify” industrial or commercial use, or to “energy intensive and trade exposed industry,” or to “critical infrastructure” as defined by PSC, without owners’ consent (current version required plans to avoid “unreasonable disruption” of service to such entities).
Eliminates provisions directing the PSC to develop a plan to limit any “energy burden” for residential customers to no more than six percent of household income.
Eliminates provisions restricting a gas utility from expanding its service territory after 12/31/26.
Eliminates provisions regarding PSC review of gas utility capital construction plans for feasible alternatives, including investments by electric utilities with overlapping service territory.
Eliminates provisions repealing PSL requirements for continuation of gas service and utility purchases of “indigenous” gas.

Provisions of S.4158/A.4870-A that would remain unchanged:

PSC plan to identify preliminary list of neighborhood gas transition projects and to redirect utility resources from gas system investments to assisting customers upgrade homes and energy appliances.
Discontinuance of gas service to individual residential gas customers affected by a “neighborhood gas transition project” does not require customer consent after 1/1/30.
Residential customers to receive 2-year advance notice of cessation of gas service.
Programs must provide no cost (modified from low or no cost) purchase and installation of customer-owned equipment (undefined), and access to funding and technical support for weatherization, energy efficiency and pre-electrification upgrades.
Introduces CLCPA compliance into state energy policy as set forth in the PSL and sets state policy as providing for “an orderly, affordable and equitable right-sizing of the utility gas system.”
Limits utility provided service to new buildings within one hundred feet of a utility line to electric service only and limits utility service mandate to electricity (eliminating gas service from both current requirements.)

This legislation was passed by the Senate, 2024. The Governor did not include the HEAT act in her SFY 2026 Executive Budget. The Senate did try to add the HEAT Act to the budget, but it was eventually not included. ESFPA signed a broad coalition opposition memo on this new bill. 6/9/25 referred to Senate Rules Committee. 6/10/25 referred to Assembly Corporations & Authorities Committee.

PFAS Discharge Disclosure Act (water) – A. 5832 (Kelles)/ S. 4574 (May) Passed Senate

This legislation would require all existing and new water discharge permits to monitor for one year their discharges and to report any level of PFAS documented. This legislation was amended on May 31, 2023, to include general permits for multi-purpose stormwater permits.

ESFPA has opposed this legislation since it added the Multi-sector General Stormwater Permit. S. 227-B Passed the Senate in 2023. ESFPA has filed a memorandum in opposition to this bill. 5/25/29 A. 5832 referred to Assembly Rules Committee.

Renewable Energy and Transmission in State Forests – S. 4408 (May) No Same As Passed Senate.

Relates to agreements, such as leases or easements, related to renewable energy development rights on State Reforestation areas.

ESFPA opposes this legislation as it undermines the statutory intent of State Reforestation Areas for fiber and timber supply and recreational and wildlife activities. 6/11/25 referred to Assembly En Con Committee.

Forest Service Budget Makes Deep Cuts

The US Department of Agriculture FY2026 budget request for the U.S. Forest Service (USFS) proposes significant funding cuts and restructuring, including the elimination of key programs and the reallocation of Wildland Fire Management funds to the Department of the Interior (DOI). The only areas we saw stable if not funding increases were in Federal Forest Land and Forest Inventory & Analysis funding. The Forest and Rangeland Research and State, Private, & Tribal Forestry would be eliminated and National Forest System funding reduced by 20%, the Forest Products program remains a priority, reinforcing the administration's commitment to maintaining timber production operations (mostly oriented to federal forest lands). Overall, the budget request would reduce USFS funding by 65%.

In the agency funding request, the State and Private Forestry eliminations were justified as follows - "The FY 2026 request eliminates funding for the State, Private, and Tribal Forestry account to ensure fiscal responsibility with American taxpayer dollars and to better balance the appropriate roles of federal and state governments. The Budget request anchors to a return to federalism and encourages increasing state authority to fund the management of state and privately-owned forests."

Last week the House Appropriations Committee did start marking up the USDA Budget (including the Forest Service). The committee restored a number of program funding lines including forest related research and some State and Private Forest programs, but details remain uncertain. The House will complete their appropriations process prior to recess on the Fourth of July. The Senate won't even start their appropriations process until the House is done which means late July at the earliest. Even then the two houses will need to reconcile before the October 1 budget deadline. Knowing the significant differences between the House and Senate on many of these cuts, it looks like Continuing Resolutions again for the early 2026 budget.

Adirondack Research Consortium Save the Dates

A few dates have already been set for the Adirondack Research Consortium's upcoming meetings in Fall 2025 and Spring 2026. Although they are a long way away, be sure to keep them in mind and put them on your calendar!

Key dates and locations are as follows:

2025 Fall Forestry Roundtable - Wednesday, October 22^nd, 2025 - SUNY Adirondack, Queensbury, NY

North Country Climate-Ready Workforce Roundtable - Thursday, October 23^rd, 2025 - SUNY Adirondack, Queensbury, NY

30^th Annual Conference on the Adirondacks - Thursday & Friday, April 16^th & 17^th, 2026 - High Peaks Resort, Lake Placid, NY

More details will be released closer to the events.

Surprise OSHA Visit? Don’t Panic—Be Prepared

From The Forest Resources Association

June is National Safety Month—a perfect time to revisit your workplace safety protocols and, more importantly, your readiness for an OSHA inspection. Whether it’s a scheduled visit or a surprise walk-through, being prepared can make all the difference. Safety is a shared responsibility, and both employers and employees play a vital role in maintaining a safe work environment.

OSHA visits can be stressful, but preparation helps. Training employees and having clear policies reduces uncertainty and builds confidence. A culture of readiness improves teamwork and creates a professional relationship with OSHA, benefiting everyone.

Use this checklist to help ensure your team is prepared for both announced and unannounced OSHA inspections. You may also want to consult with your counsel about your rights and responsibilities during an OSHA inspection:

Before an OSHA Visit

Develop and communicate a Standard Operating Procedure (SOP) for OSHA inspections.
Identify and train all potential initial points of contact (receptionist, security, supervisors).
Assign designated inspection response personnel (site manager, safety supervisor).
Ensure visitor orientation procedures and PPE requirements are current.
Train all employees on appropriate OSHA interaction (what to say, what not to say).
Maintain up-to-date safety documentation and employee training records.

Upon Inspector Arrival

Initial contact greets the inspector professionally.
Escort the inspector to a designated waiting area or lobby.
Notify designated site personnel immediately (manager, safety supervisor).
Do not allow unescorted access to any part of the facility.

Initial Meeting with OSHA

Collect inspector’s name, contact info, and credentials.
Clarify purpose, scope, and trigger for the inspection.
Provide safety orientation and required PPE.
Request written list of any documentation requested.

During the Walkthrough

Escort the inspector only to relevant areas tied to the inspection.
Ensure conversations with employees (if any) occur privately.
Designated personnel should accompany the inspector at all times.
Take identical photos of anything the inspector photographs.
Respond to questions factually; do not speculate.
Say “I don’t know” rather than guess.

After the Inspection

Debrief with internal team.
Document what was reviewed and any materials provided.
Follow up on any findings or corrective actions, if applicable.
Maintain a professional record of the inspection for internal use.