agenda planning, energy, and environmental quality committee
TRANSCRIPT
Agenda
Planning, Energy, and Environmental Quality Committee Monday, June 28, 2021 1:30 PM
Legislature/Zoom
MEMBERS: Anne Koreman, Chair; Deborah Dawson, Vice Chair; Daniel Klein; Amanda Champion; David McKenna Inclusion through Diversity
Meeting can be viewed live at: https://www.youtube.com/channel/UCkpJNVbpLLbEbhoDbTIEgSQ?view_as=subscriber
Please complete the contact form below to submit written comments or to contact the
Clerk of the Legislature to request to speak as a member of the public.
Requests to speak must be submitted at least 24 hours in advance of all meetings. https://tompkinscountyny.gov/legislature/publiccomment
A Zoom link will be provided upon request.
1. Call to Order (1:30)
2. Public Comment (1:30)
3. Changes to Agenda (1:30)
4. Minutes Approval (1:35)
a. May 24, 2021
5. Chair's Report (1:40)
6. County Administrator's Report (1:50)
7. Planning and Sustainability Department (2:00)
a. Report/Discussion: Commissioner of Planning and Sustainability's Report (ID #10193)
b. Report/Discussion: Tompkins County Harmful Algal Bloom Strategy (ID #10212)
c. Report/Discussion: Comments on draft Total Maximum Daily Load for Phosphorus in
Cayuga Lake (ID #10213)
8. Presentation/Report (2:20)
a. Report/Discussion: Climate and Sustainable Energy (CaSE) Board Report June 2021 (ID
#10209)
b. Report/Discussion: Comments to the New York State Department of Environment
Conservation (NYSDEC) from the Tompkins County Legislature (ID #10214)
9. UN Energy Program Presentation & Discussion (2:45)
10. Committee Members' Reports (3:15)
11. Adjournment (3:30)
Planning, Energy, and Environmental Quality CommitteeRegular Meeting Minutes – Draft 6/1/2021
Monday, May 24, 2021 1:30 PMLegislature/Zoom
Attendance
Attendee Name Title StatusAnne Koreman Chair RemoteDeborah Dawson Vice Chair RemoteDaniel Klein Member PresentAmanda Champion Member RemoteDavid McKenna Member RemoteHenry Granison Legislator RemoteBarbara Eckstrom Director of Recycling and Materials Management RemoteNancy Webster Waste Reduction & Recycling Specialist RemoteJeremy Betterley Communications Specialist RemoteKatie Borgella Planning & Sustainability Commissioner RemoteAmie Hendrix Deputy County Administrator RemoteLisa Holmes Interim County Administrator RemoteMegan McDonald Deputy Planning and Sustainability Commissioner RemoteCatherine Covert Clerk of the Legislature PresentBrittni Griep Deputy Clerk Remote
Members of the Public: Regi Teasley; Cait Darfler; Irene Weiser
Call to Order
Ms. Koreman, Chair, called the meeting to order at 1:30 p.m.
Public Comment
There were no members of the public present who wished to speak and no comments were submitted.
Changes to Agenda
It was MOVED by Ms. Dawson, seconded by Ms. Champion and unanimously accepted by roll call vote to add Resolution ID # 10146, Support to Establish an Extended Producer Responsibility. This will be added to the Department of Recycling and Materials Management portion of the meeting.
It was MOVED by Ms. Dawson, seconded by Mr. McKenna and unanimously accepted by roll call vote to add Resolution ID # 10160, Urging the Public Service Commission to Transition off Fossil Fuels for Heating. This will be added after the Environmental Management Council's annual report.
Minutes Approval
April 26, 2021
The minutes were accepted by roll call vote.
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RESULT: ACCEPTED [UNANIMOUS]MOVER: Amanda Champion, MemberSECONDER: Deborah Dawson, Vice ChairAYES: Koreman, Dawson, Klein, Champion, McKenna
County Administrator's Report
Ms. Holmes, Interim County Administrator, and Ms. Hendrix, Deputy County Administrator had nothing to report.
Planning and Sustainability Department
Commissioner of Planning and Sustainability's Report (ID #10142)
Ms. Borgella announced there will be two new staff members in the Department of Planning and Sustainability starting next month. Terry Carroll has been chosen as the Chief Sustainability Officer. He will start in the Department on June 14. He has led the development and implementation of the Clean Energy Communities program in the Southern Tier. Additionally, Susan Landfried will be joining the Department as a Planner to support housing initiatives. She will start on June 1.
Mr. Doyle was in touch with the FEMA Region 2 staff regarding flood mapping. They are progressing well with area flood mapping. They may be able to host a “Flood Risk for You” meeting in person in September 2021. The first ever digital flood insurance rate map will be available at this meeting. Water surface elevation grids will be included in this as well. After the September meeting, there will be meetings with the community and stakeholders, with the final flood map product available about a year after the initial report is released.
The Department is also dealing with the draft total maximum daily load for phosphorous in Cayuga Lake. The Department is reviewing this information and interpreting how they will be able to use this information to make a living document that is useful to everyone. The Department plans on completing their comments on this report in mid-June. Afterward, their comments will be brought to this Committee at the end of June, which is ahead of the July 8th comment deadline.
Ms. Dawson said the Soil and Water Conservation District is working on comments regarding this report as well. She remembers when there was discussion about co-locating the Sheriff’s Department and the Police Department behind the Recycling Department. There was concern about potential flooding in that area and that’s part of the reason why the move didn’t happen. Ms. Borgella said the flood mapping will provide information on water elevations there and in the community.
RESULT: COMPLETED
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Department of Recycling and Materials Management
Environmental Product Procurement for County Government (ID #10145)
Ms. Eckstrom reported that Ms. Webster has been working hard on this venture. She has formed an Environmentally Preferred Procurement (EPP) team and issued a questionnaire to County departments regarding this policy and products used. She is making progress on the purchase of the first EPP item, which is paper products.
Ms. Webster discussed the EPP team, which consists of individuals within various County departments. The team is focusing on office products and using money from Department of Recycling and Materials Management Waste Reduction budget to get items to different departments to test out. These items include paper, pens, folders, and envelopes. The EPP team is encouraging departments to try out these items and provide feedback. Afterward, it is expected the departments will build those products into their budgets in future years.
Ms. Dawson thanked Ms. Eckstrom and her team as well as Ms. Champion for pushing this through for the last three and a half years.
Ms. Eckstrom thanked Ms. Champion for her help on the resolution, which set this forward and for working to push this through.
Ms. Koreman asked about carpeting in the facilities and if that was on the list of items to look into. Ms. Eckstrom said yes and that she is thinking of all items, including highway applications. Ms. Eckstrom said the State Office of General Services will be adding more EPP products for purchases on State contracts. There may need to be policies put together and put into place to get those products but it is something to look into.
RESULT: COMPLETED
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Styrofoam ban (ID #10144)
Ms. Webster said New York State is moving toward a Styrofoam ban beginning in 2022. This will also ban loose Styrofoam, like packing peanuts. This ban will reduce density in landfills. The Department of Environmental Conservation (DEC) is going to provide educational tools and information about exemptions that will apply to this ban.
Ms. Eckstrom said Mr. Betterly will be developing messaging around this as part of his 2022 communications plan. The State has a new entity with educational materials regarding this and there will be more to be reported on in the fall.
Ms. Koreman asked about people who host chicken barbeques and if they will be able to have Styrofoam packing for those events. Ms. Webster said she doesn't know about this but said there will be more information around this next year.
RESULT: COMPLETED
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Reusable bag distribution (ID #10143)
Ms. Eckstrom reported that it was very hard to move anywhere on this program during the pandemic. She recognized the decrease in money coming in for this program as more people move toward the purchase and use of reusable bags.
Ms. Webster said the Department has distributed additional bags to area food pantries since the report was dispersed in the agenda. The bags that have been distributed fold into themselves, are washable and durable.
Since there is so much money available for this program and the number of bags needed is so large, a bid had to be done. The bids should be able to be opened on June 17th. After that, more bags will be purchased, while keeping in mind the recyclable material idea.
Ms. Eckstrom said there will be more growth in this area. She said if anyone knows of any place to distribute bags, please send that information to Ms. Webster as she keeps a spreadsheet of this information.
Mr. Betterly shared images of marketing information that is being put together to use in relation to reusable bags. Ms. Dawson asked if there are images available to post on social media. Ms. Betterly said yes, he can send these to anyone who wants to share them.
Ms. Koreman provided personal experiences of the Chico brand bag, which is what the Department was handing out up until recently. She then asked if the money from the bags was able to be used for the campaign around the bags and their use or if the funds could only be used for the bags themselves. Ms. Eckstrom said the funds can only be used for the bags. Ms. Koreman provided feedback regarding the images Mr. Betterly shared. Ms. Eckstrom said the images can be swapped out.
RESULT: COMPLETED
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Resolution No. - Support for the New York State Legislature to Establish an Extended Producer Responsibility System for Packaging and Printed Paper (ID #10146)
Ms. Eckstrom said this resolution would greatly alter the solution to more successful, consistent, and less expensive recycling in this country. Many States are moving in this direction as well. She said there will be a Federal agenda item related to this in the infrastructure plan as well. The recyclability of products has not been where it should be. She said they have been working with Assemblywoman Anna Kelles' office on this.
Ms. Dawson said she would be making an amendment on the floor at the next Legislature meeting to add a Resolved statement to include a list of State officials the resolution should be distributed to.
The resolution was recommended by roll call vote.
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RESULT: RECOMMENDED [UNANIMOUS]MOVER: Amanda Champion, MemberSECONDER: Deborah Dawson, Vice ChairAYES: Koreman, Dawson, Klein, Champion, McKenna
WHEREAS, packaging and printed paper, which includes plastic, steel, aluminum, and glass containers, boxboard, cardboard and cartons, and newsprint and magazines, constitutes approximately 40% of the materials by weight managed by municipalities and solid waste authorities in New York State, and
WHEREAS, such materials annually comprise over 1.5 million tons of curbside residentialrecyclables statewide, including nearly 6000 tons in Tompkins County, and
WHEREAS, local municipal governments in New York State are required to fund the management of discarded consumer packaging and printed paper, and to take responsibility forachieving waste diversion goals, which is an unfunded mandate, and
WHEREAS, international and domestic market shifts have resulted in significantly increased costs for local governments and taxpayers in New York State to manageconsumer packaging and printed paper waste, and
WHEREAS, such costs to municipalities and recycling system rate payers in 2021 areestimated at over $80 million statewide, including $ 1,040,000 in Tompkins County, and
WHEREAS, state and local governments have no input into the design or marketing of packaging and printed paper materials and do not have the resources to adequately address the rising volume or increasing complexity of discarded packaging and printed paper materials, and
WHEREAS, some packaging now includes combinations of materials that make recyclingimpractical, and
WHEREAS, costs paid by citizens and local governments to manage packaging and printedpaper are, in effect, subsidies to producers that enable and encourage producers to design packagingand printed paper materials without regard to end of life management, and
WHEREAS, producers have little incentive to design packaging or printed paper to minimize waste, reduce toxicity, or maximize recyclability, creating a supply chain disconnect withenvironmentally sound, end of life management of these consumer materials, and
WHEREAS, Extended Producer Responsibility (“EPR”) is an environmental policy approach in which producers (brand owners and importers) accept responsibility for the management of post-consumer products and packaging, so those who produce these materials helpbear the costs of recycling, and
WHEREAS, New York State Senator Todd Kaminsky and Assemblyman Steven Englebright have proposed legislation (S.1185B/A.5801) that will establish an Extended Producer Responsibility system for consumer packaging and printed paper which would require producers to pay for recycling the packaging and printed paper they introduce into the marketplace, and
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WHEREAS, EPR programs for packaging and printed paper have existed for up to 30 yearsin all EU member states, across Canada, and other parts of the world, achieving recycling rates for packaging and printed papers upwards of 80 percent, and
WHEREAS, EPR can work in tandem with and supplement New York State’s ReturnableContainer Act, and
WHEREAS, when producers are responsible for ensuring their materials are reused or recycled responsibly, and when health and environmental costs are included in the product price, there is an incentive to design for reduction, recyclability, and reduced toxicity, and
WHEREAS, EPR is a form of industry-led recycling that creates jobs and economic development in direct proportion to the amount of material recycled, encourages infrastructureinvestment, and reduces government costs, and
WHEREAS, businesses that provide take-back opportunities for their customers or participate in EPR programs can gain a distinct advantage in the marketplace, create customerloyalty, and enhance the image of their brand, and
WHEREAS, the Tompkins County Legislature supports statewide efforts to consider the environmental and economic benefits that will be achieved by holding producers responsible for material management costs associated with packaging and printed paper, and
WHEREAS, S.1185B/A.5801 would incentivize producers to: 1) reduce packaging waste, 2) make it easier to recycle the material they generate, and 3) invest in modernizing local recycling infrastructure across New York State, as well as financially support ongoing public education to help residents recycle properly and minimize contamination in the recycling stream, now therefore be it
RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature supports New York State Senate Bill 1185B/A (Kaminsky) Assembly Bill 5801 (Englebright) and urges the New York State Legislature and Governor to adopt the benefits of EPR legislation for consumer packaging and printed paper, which include incentivizing producers to reduce packaging waste and make it easier to recycle the material, as well as requiring producers to: 1) accept financial responsibility for properly recycling the packaging and printed paper they introduce into the market place, 2) invest in modernizing local recycling infrastructure, and 3) educate citizens on how to properly recycle,SEQR ACTION: TYPE II-26
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Environmental Management Council
Environmental Management Council 2020 Annual Report (ID #10083)
Regi Teasley and Cait Darfler presented the Environmental Management Council’s (EMC) 2020 Annual Report to the Committee. Ms. Teasley emphasized the support she received from the Department of Planning and Sustainability staff in setting up virtual meetings with the EMC and their subcommittees.
Ms. Darfler said the EMC was created May 10, 1971 and they are celebrating the 40th year in Tompkins County.
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Ms. Champion thanked Ms. Teasley and Ms. Darfler for this information. She said she still receives e-mails from the zero-waste reduction team and is glad to see them going even stronger than when she was part of that team.
RESULT: COMPLETED
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Public Service Commission
Resolution No. - Tompkins County Resolution Urging the Public Service Commission to Develop a White Paper Guiding Utility Transition Off of Fossil Fuels for Heating (ID #10160)
Ms. Champion said she thinks we have to be a little judicious in how many of these types of resolutions are being done urging the State to do something. She stated this resolution is particularly long and doesn't believe anyone will read it. She does support this and the others being proposed today but this feels a little less important to her.
Ms. Dawson said the Legislature hits this point around this time every year because there are many of these types of resolutions that need our support. This is something that needs our encouragement.
Ms. Koreman said the Senate Assembly is going on break soon and said that's why this is being done at this time. She was hoping we wouldn't have to dog the State to do what they said they were going to do and she is glad Irene Weiser and others like her are watching what is happening at the State level.
This resolution was recommended by roll call vote.
RESULT: RECOMMENDED [UNANIMOUS]MOVER: Deborah Dawson, Vice ChairSECONDER: David McKenna, MemberAYES: Koreman, Dawson, Klein, Champion, McKenna
WHEREAS, global warming is accelerating, and atmospheric levels of CO2 and methane are at unprecedented levels, and
WHEREAS, methane, the primary component of “natural” gas, is a potent greenhouse gas, with a global warming potential 86 times that of CO2 over the next 20 years, and
WHEREAS, New York State’s Climate Leadership and Community Protection Act (CLCPA) requires reduction of greenhouse gas emissions of at least 40% by 2030, and 85% by 2050, and
WHEREAS, building energy use, predominantly from onsite combustion of fossil fuels for space and water heating, accounts for one-third of New York’s greenhouse gas emissions (GHG), and
WHEREAS, in March 2020, the New York State Public Service Commission (PSC) initiated a gas planning proceeding (20-G-0131) and ordered Department of Public Service Staff to propose a
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“modernized gas planning process” that would, among other objectives, align utilities with the CLCPA, and
WHEREAS, prior to Staff issuing their recommendations, 180 organizations and 200 elected officials from across the State signed letters identifying key principles that Staff should address in their whitepaper, including: establishing clear annual targets for greenhouse gas reduction, stopping the growth of gas use and gas infrastructure, and ensuring transparency, affordability, environmental justice, public collaboration, a just transition for workers, and accountability, and
WHEREAS, multiple parties in the proceeding provided detailed pre-whitepaper guidance on topics such as: proposed GHG reduction targets, how to achieve net-zero gas growth, the need for transparency and halting subsidies that support gas buildout, how to plan for strategic asset retirement to mitigate the risk of stranded assets, and coordination with electric planning to ensure system adequacy, and
WHEREAS, the Staff whitepaper did not address any of the above principles or topics, most notably, not even providing a statement that reduction of gas use was necessary, nor providing clear (or even preliminary) targets for GHG reduction, and
WHEREAS, instead, the Staff whitepaper proposed a set of operational practices that, while important, are not knitted into a cohesive plan with clear direction and goals and hence, result in uncertainty. These ideas/practices include amortization of all proposed new pipelines by 2050; revisions to the benefit-cost analysis (BCA) process; subjecting all proposed pipes to BCA analysis versus non-infrastructure alternatives; conducting long-term gas resource planning over the next 20 years; hiring an independent consultant to review gas planning projects, and conducting a comprehensive review every 3 years with each utility to revise near and long-term plans as needed, and
WHEREAS, the Staff whitepaper left open the possibility of delivery of compressed natural gas, renewable natural gas or hydrogen gas as possible solutions to consider, rather than recognizing them as last resort options for only the most difficult to address situations, and
WHEREAS, the PSC’s effort to Reform the Energy Vision has emphasized the need to send clear market signals in order to stimulate investor interest and promote innovative solutions, job growth and competition, and
WHEREAS, the State has long recognized the need for market animation in the building-energy sector, where educational programs and workforce development are needed to bring response to scale, and
WHEREAS, municipal planning, real-estate and economic development depend upon clear goals and timelines for stopping gas use, and
WHEREAS, ensuring affordability and equity is essential to at least 40% of municipal residents who struggle to pay their utility bills, and
WHEREAS, regardless of the cost comparison of pipes to non-infrastructure alternatives, we must stop using gas in order to meet our GHG emission reduction goals, now therefore be it
RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature asks the Commission to direct Department staff to
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develop a whitepaper that does the following:
• Clearly states that we must transition off fossil fuels for space heating, water heating, cooking and clothes drying in order to meet our GHG reduction goals. • Establishes clear gas-reduction targets and timeframe that aligns with the CLCPA and establishes mechanisms to hold the utilities accountable to meeting those targets. • Establishes that Hydrogen and Renewable Natural Gas are to be considered as last resort solutions only, for industrial process situations where renewable energy solutions will not suffice. • Orders each gas utility to develop a strategic asset retirement plan to coordinate with established gas reduction targets that will minimize stranded asset costs while ensuring safety and reliability. • Orders the utilities to undertake a study to identify electric grid enhancements needed to support the widespread deployment of renewables, energy storage, building and vehicle electrification, and the costs of such expansion. • Defines a process for stakeholder engagement including engagement of municipal officials, developers, renters and landlords, environmental and social justice organizations, low to moderate income and fixed income customers, BIPOC (Black, Indigenous, and People of Color) customers and people living in or serving disadvantaged and environmental justice communities. • Reconsiders the use of any benefit-cost analysis of pipes vs non-fossil fuel solutions given that we must stop using gas, no matter the cost. • Incorporates principles that will guide an orderly transition to an affordable, equitable, renewable heating future.
RESOLVED, further, That copies of this resolution be submitted to Governor Cuomo, PSC Commissioner John Howard, PSC Commissioner Diane Burman, PSC Commissioner Tracey Edwards, PSC Commissioner James Alesi, New York State Assembly Speaker Carl Heastie, Assemblymembers Anna Kelles, Amy Paulin, Michael Cusick, Steve Englebright and, New York State Senate Majority Leader Andrea Stewart-Cousins, Senators Tom O'Mara, Peter Oberacker, Pamela Helming, Kevin Parker, Leroy Comrie, and Todd Kaminsky.SEQR ACTION: TYPE II-26
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Member-Filed Item
Resolution No. - Support for New York State Assembly Bill A07389 and Senate Bill S06486 Establishing a Moratorium on the Operation of Cryptocurrency Mining Centers (ID #10149)
Ms. Koreman spoke of the different energy producing centers across the State and the country that are being repurposed to be used for data mining. These centers used massive amounts of energy. There is a separate bill asking these data mining centers to use renewable energy, which Ms. Koreman does not support. She wants the resources to be used for heating homes, charging vehicles and helping to operate businesses.
Ms. Dawson said she has read that the bitcoin market is falling and the financial experts have predicted that it will be the first market to crash. With luck, this will no longer be an issue but until then, this is an issue that needs to be resolved.
Ms. Weiser compared this usage of energy to that of the Hummer vehicle since it hogs and uses up a lot of energy. The bill currently at the State is supporting a pause of bitcoin so that it can be
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investigated further to see if there is a way to use energy differently. Cryptocurrency is just one type of something called blockchain. The State has just commissioned with IBM to use blockchain to verify vaccination status.
The resolution was recommended by roll call vote.
RESULT: RECOMMENDED [UNANIMOUS]MOVER: Amanda Champion, MemberSECONDER: Deborah Dawson, Vice ChairAYES: Koreman, Dawson, Klein, Champion, McKenna
WHEREAS, cryptocurrency mining centers are an expanding industry in New York State, based upon a model of repurposing closed, paused, or decommissioned coal and gas-fired power plants, and
WHEREAS, this business model has attracted investors who see an opportunity to create cryptocurrency mining operations throughout the State, and
WHEREAS, cryptocurrency mining is already occurring in the Finger Lakes, on Seneca Lake, at the Greenidge Generation Holdings plant, which uses natural gas to generate a large amount of electric power for its own use and emits CO2 and other greenhouse gases, and
WHEREAS, the process of extracting cryptocurrencies uses massive amounts of energy, with studies showing that the process required to mine a single coin can use as much energy as the average American uses in a month, and
WHEREAS, the cumulative environmental impacts of the energy generation and greenhouse gas emissions attendant upon cryptocurrency mining operations have yet to be fully identified and quantified, and
WHEREAS, these environmental impacts will exacerbate climate change, which threatens the health, welfare, and economy of New York State with increasing flooding, sea level rise, heat waves, coastal erosion, erratic and unpredictable weather patterns, shifting climatic zones, loss of wildlife, increased harmful algal blooms and invasive species, and increased risk of disease, and
WHEREAS, the consequences of climate change disproportionately impact environmental justice communities, making this both an environmental and social justice issue, and
WHEREAS, continued use of fossil fuels by cryptocurrency mining runs counter to the greenhouse gas emissions reduction goals mandated by New York State’s Climate Leadership and Community Protection Act, now therefore be it
RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature supports Assembly bill A07389, sponsored by Assemblywoman Kelles, and the New York State Senate counterpart bill S06486, which would establish a moratorium on the operation of cryptocurrency mining centers; provide that operation of a cryptocurrency mining center shall only be authorized following completion of a full generic environmental impact statement review and a finding that such center will not adversely affect the state greenhouse gas emission targets in the climate leadership and community protection act of 2019,
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RESOLVED, further, That copies of this resolution be sent to Governor Andrew Cuomo, Assembly Majority Leader Crystal Peoples-Stokes, Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, Senators Tom O’Mara, Pamela Helming, Peter Oberacker, Kevin Parker, and Rachel May, Assemblypersons Anna Kelles, Michael Cusick, Victor Pichardo, and Steve Englebright, and New York State Association of Counties.SEQR ACTION: TYPE II-26
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Chair's Report
Ms. Koreman said she went to a National Association of Counties meeting where she learned the Federal government is going to be putting together an infrastructure plan which will include getting rid of pipes with lead in them. She is hoping local municipalities can take advantage of this part of the plan. She said it would be great if some of that Federal money would be available to expand infrastructure locally.
Ms. Koreman explained why she pulled the forestry resolution from the Legislature meeting. She said she did this because she was hearing that the resolution was not meshing with the Planning Department and advisory board's work and views on this issue. She would like this resolution to be delayed until next year when more time can be spent on it.
Ms. Champion said she didn't appreciate Ms. Koreman pulling the resolution from the Legislature agenda and then not bringing it back to the Committee. Ms. Champion sees this as untrustworthy and stated we change and amend resolutions all the time regardless of what the advisory boards say or do.
Committee Members' Reports
Ms. Dawson said she read an article about the reasons why plastic recycling is not sustainable. The article detailed the reasons why this is happening. There are companies that are trying to recycle these products back into the petroleum products they originated from. Ms. Dawson asked if this is a good idea. Ms. Champion said she sent a similar article earlier today. Ms. Koreman said she has seen similar articles but stated that reduction in packaging is really what is needed. Ms. Dawson said producer liability is a step in the right direction.
No other Committee members had anything to report.
Adjournment
The meeting adjourned at 3:19 p.m.
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Planning, Energy, and Environmental Quality Committee Meeting: 06/28/21 01:30 PM Governor Daniel D. Tompkins Building Department: Planning and Sustainability Department
Ithaca, NY 14850 Category: Routine Departmental Activities or Statistics
DOC ID: 10193
REPORT OR DISCUSSION ITEM NO.
(ID # 10193)
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Commissioner of Planning and Sustainability's Report
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Planning, Energy, and Environmental Quality Committee Meeting: 06/28/21 01:30 PM Governor Daniel D. Tompkins Building Department: Planning and Sustainability Department
Ithaca, NY 14850 Category: Environmental
DOC ID: 10212
REPORT OR DISCUSSION ITEM NO.
(ID # 10212)
Page 1
Tompkins County Harmful Algal Bloom Strategy
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Inclusion through Diversity
Katherine Borgella, AICP Telephone (607) 274-5560 Commissioner of Planning and Sustainability www.tompkinscountyny.gov/planning
To: Planning, Energy, and Environmental Quality Committee From: Darby Kiley, Associate Planner Date: June 21, 2021 Re: Tompkins County Harmful Algal Bloom Strategy Action Requested No action; discussion item only. Background With an increase in harmful algal blooms (HABs, cyanobacteria), New York State drafted HABs Action Plans for 12 priority waterbodies, including Cayuga and Owasco Lakes. The challenge for agencies, municipalities, and watershed partners is to implement the priority projects in a meaningful way that safeguards water quality and reduces HABs. In late 2019, Tompkins County added several new action items to the 2015 Comprehensive Plan as part of its five-year review. One of those actions is to “Establish a detailed countywide Harmful Algal Blooms (HABs) Strategy based on the Cayuga Lake and Owasco Lake HABs Action Plans and identify the actions, and the appropriate lead agencies, to be taken in Tompkins County that would most effectively reduce HABs.” The Strategy focuses on actions to be undertaken in the next three years by Tompkins County departments and partners/agencies working in the county. The topic areas include agriculture, ditch management, stream buffers, wetlands, and collaboration. In April 2021, staff shared a draft Tompkins County Harmful Algal Bloom Strategy, which was available for public comment through the end of May 2021. The Water Resources Council (WRC) reviewed the comments and approved and endorsed the final version at their meeting on June 21, 2021. Budget Implications None Contact Darby Kiley at 607-274-5562 or [email protected] Attachments
• Tompkins County Harmful Algal Bloom Strategy
Tompkins County
DEPARTMENT OF PLANNING AND SUSTAINABILITY
121 East Court Street Ithaca, New York 14850
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TOMPKINS COUNTY HARMFUL ALGAL BLOOM STRATEGY
June 2021
Tompkins County Water Resources Council
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TOMPKINS COUNTY HARMFUL ALGAL BLOOM STRATEGY
INTRODUCTION
With an increase in harmful algal blooms (HABs, cyanobacteria) across New York, in 2018 Governor Cuomo allocated $65 million to address the issue. New York State HABs Action Plans were drafted for 12 priority waterbodies, including Cayuga and Owasco Lakes. The challenge for agencies, municipalities, and watershed partners is to implement the priority projects in a meaningful way that safeguards water quality and reduces HABs; it’s a goal not easily met as the lists are extensive and some action items are quite broadly defined.
In late 2019, Tompkins County added several new action items to the 2015 Comprehensive Plan as part of its five-year review. One of those actions is to “Establish a detailed countywide Harmful Algal Blooms (HABs) Strategy based on the Cayuga Lake and Owasco Lake HABs Action Plans and identify the actions, and the appropriate lead agencies, to be taken in Tompkins County that would most effectively reduce HABs.”
This strategy focuses on actions to be undertaken in the next three years by Tompkins County departments and partners/agencies working in the county.
CURRENT PLANS AND PENDING ACTIVITIES
CURRENT PLANS THAT GUIDE THIS STRATEGY
The Cayuga Lake and Owasco Lake HABs Action Plans provide extensive detail on each lake’s characteristics, designated uses, water quality conditions, and sources of pollutants. The Cayuga Lake and Owasco Lake Plans also include priority projects lists with different timescales for implementation (found in Section 13.3 of each plan). These plans provide the foundation for this HABs Strategy, and the actions contained within them serve as a springboard for developing more targeted local actions.
The Tompkins County Agricultural Environmental Management (AEM) Strategic Plan 2021-2025 helps guide the Soil and Water Conservation District’s implementation of the AEM program, which focuses on improving environmental stewardship on farms. The document provides statistics on land use and agriculture, describes water and soil resources, details the priority watersheds (Fall Creek, Salmon Creek, Owasco Inlet, Cayuga Inlet, and Taughannock Creek), and includes objectives and tasks for each watershed.
PENDING ACTIVITIES FOR FUTURE REVIEW AND INCORPORATION OF DATA AND RECOMMENDATIONS
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Several activities are in progress that if completed will greatly inform and enhance this strategy. These include:
• Owasco Lake Nine Element (9E) Plan; the Owasco Lake HABs Action Plan notes that it will be updated based on additional information from the 9E Plan
• Owasco Lake Watershed Rules and Regulations; submitted for state review in December 2020 • Total Maximum Daily Load (TMDL) for Phosphorus in Cayuga Lake; the Cayuga Lake HABs Action Plan states that it will need to
be refined based on the TMDL; Draft released April 7, 2021 • Drinking Water Source Protection Programs • Updated New York State Municipal Separate Storm Sewer Systems General Permit • Tompkins County Water Quality Strategy update
When any of these are finalized, the actions below will be reviewed and revised for consistency.
HABS-CORRELATED CRITICAL CONDITION – PHOSPHORUS LOADING
Research on the causes of HABs has been ongoing and continues to expand as more waterbodies experience increased frequency, duration, and toxicity of HABs. According to the Cayuga Lake HABs Action Plan, a study of New York waterbodies determined that four factors are most closely correlated with the occurrence of cyanobacteria: namely, longer than average fetch length (the maximum length of open water wind can travel); fetch direction (the compass direction by which the wind blows over that maximum length); the presence of dreissenid mussels; and higher than average phosphorus levels. For Cayuga Lake, the HABs Action Plan also noted a correlation with warmer air temperatures on the day of a bloom and increased rainfall in the preceding days leading up to a bloom. The Owasco Lake HABs Action Plan found decreased wave height was correlated with blooms.
The physical and meteorological conditions are difficult to control. More research is needed to understand how dreissenid mussels’ grazing impacts cyanobacteria and how the mussels can increase the bioavailable phosphorus needed for cyanobacteria growth. Researchers are looking into chemical and biological controls for dreissenid mussels, but at this point such mechanisms are impractical and may be cost prohibitive.
There are, however, meaningful steps that can be taken to address phosphorus levels. Many of the actions included in this plan focus on reducing phosphorus loading.
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It should be noted, however, that actions taken now may be slow to show results because of legacy land use impacts on phosphorus in lake sediments. As stated in the Cayuga Lake HABs Action Plan (p 56):
Ecosystems often exhibit a resistance to change that can delay outcomes associated with HABs management. This system resilience demands that prevention and management of these triggers be viewed long-term through a lens of both watershed and in-lake action. It may take significant time following implementation of recommended actions for the frequency, duration, and intensity of HABs to be reduced.
This is all the more reason to initiate actions as soon as possible to address these longstanding concerns. Phosphorous reduction strategies are critical for tackling the one HABs-correlated condition that local efforts can influence. In Cayuga Lake watershed, 91% of the total phosphorus loading comes from nonpoint sources and 9% comes from point sources; in Owasco Lake watershed, 95% of the total phosphorus loading comes from nonpoint sources and 5% comes from point sources. In both watershed, approximately 80% of the nonpoint source total phosphorus loading comes from agricultural land. However, solely focusing actions on the agricultural sector is unlikely to achieve practical phosphorous reductions of an adequate scale to reduce HABs. Therefore, the actions in this strategy address phosphorus reductions across the landscape, thereby bringing down the total loading of phosphorus into the lakes.
HARMFUL ALGAL BLOOMS AND WATER QUALITY MONITORING
Monitoring of HABs and water quality in Cayuga Lake, Owasco Lake, and their tributaries is vital to understanding HABs patterns and environmental influences. Monitoring is performed by New York State as well as regional and local organizations. The information below is not an exhaustive list of all monitoring efforts but noted as important resources to understanding local water quality conditions that may contribute to HABs. Actions identified in this plan work to address efficiency and coordination among the collecting and monitoring entities.
HABS MONITORING PROGRAMS
Statewide HABs Reporting Map: New York State Department of Environmental Conservation (DEC) maintains a HABs reporting map during the monitoring season (May-October) and compiles an archive summary at the end of the season. DEC receives and reviews reports directly from the public or from trained volunteers for inclusion on the map. Cayuga Lake HABs Harriers (described below) reports are processed by the Community Science Institute and shared with DEC for inclusion on the NYHABS map.
Cayuga Lake HABs Harriers: A locally led partnership of the Community Science Institute (CSI) , Cayuga Lake Watershed Network (CLWN), and Discover Cayuga Lake began a Cayuga Lake HABs monitoring program in 2018. This very successful program covered
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53% of the Cayuga Lake shoreline in 2020 through a network of trained volunteer “HABs Harriers” who conduct weekly patrols of their designated shoreline. If a suspicious bloom is observed, the Harrier collects a sample that is analyzed at the CSI lab for the presence of cyanobacteria, chlorophyll a, and microcystin (a toxin produced by certain cyanobacteria). In addition to reports of trained HABs Harriers, anyone who observes a suspicious bloom can report it to the Cayuga Lake HABs Hotline. All cyanobacteria blooms are shown on the Cayuga Lake Cyanobacteria Reporting Map maintained by CSI. The results of this monitoring program are published and shared annually. Given the breadth of this partnership, this program is critical to understanding the timing and toxicity of blooms. The results can be correlated with water quality and weather conditions to develop predictions for future outbreaks. Funding for this monitoring program comes from local governments (including Tompkins County) and private donations and should be continued so that the health and safety of lake users is protected, and the lake ecosystem and watershed inputs are better understood.
WATER QUALITY MONITORING PROGRAMS
New York State
• Citizens Statewide Lake Assessment Program, or CSLAP, is a volunteer lake monitoring program managed by DEC and the New York State Federation of Lake Associations. Trained volunteers collect water samples every other week for 15 weeks at five sites in Cayuga Lake and two sites in Owasco Lake. Field sheets are used to collect information on weather, water temperature, water transparency, lake depth, and “recreation quality of the lake and algal conditions based on the user’s perception.”
• Rotating Integrated Basin Studies are implemented by DEC and assess the water quality in all waterbodies on a five-year rotating cycle. The goal is to document water quality problems and track long-term trends.
Local efforts – Cayuga Lake
• Community Science Institute trains volunteers to collect water samples that are then analyzed in a state-certified lab. Beginning in 2002 with monitoring Fall and Virgil Creeks, the program has expanded to cover all Cayuga Lake subwatersheds in Tompkins County with growing interest in adjacent counties. Water quality results are accessed in a publicly available database.
• Cayuga Lake Monitoring Partnership (MP) was formed in 2008 as a collaboration between the Tompkins County Water Resources Council and Cornell University to create a monitoring plan for the southern end of Cayuga Lake. The MP meets monthly and is open to any group monitoring water quality.
Local efforts – Owasco Lake
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• The Finger Lakes Institute and researchers at Hobart and William Smith Colleges have been monitoring Owasco Lake for more than a decade and annually produce an Owasco Water Quality Monitoring Report.
• Owasco Watershed Lake Association supports water quality monitoring and other programs on a year-to-year basis.
ACTION TOPICS
This strategy focuses on implementing actions in four topic areas – 1) agriculture, 2) ditch management, 3) stream buffers and wetlands, and 4) collaboration. Each topic area details the action to be undertaken, the timing to begin working on the action, and the lead agency, which include the following:
• Cayuga Lake Watershed Intermunicipal Organization (IO) • Cayuga Lake Watershed Network (CLWN) • Cornell Cooperative Extension of Tompkins County (CCE) • Owasco Lake Watershed Management Council (OLWMC) • New York State Water Resources Institute (NYSWRI) • Tompkins County Water Resources Council (WRC) • Tompkins County Health Department (TCHD) • Tompkins County Department of Planning and Sustainability (DPS) • Tompkins County Soil and Water Conservation District (SWCD)
AGRICULTURE
With a majority of the Tompkins County portions of the Cayuga Lake and Owasco Lake watersheds in agriculture, actions focus on encouraging more farmers to implement best management practices (BMPs).
ACTION TIMING LEAD/others
A Create and annually update Tompkins County-specific educational materials on the connection between HABs and phosphorus and promote BMPs to control phosphorous leaving agricultural lands. Use existing regional farmer gatherings, such as the winter crop meeting and CCE Ag Summit, to present and disseminate information.
2022 and other opportunities
WRC, SWCD
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B Develop a conservation loan bank account program to cover upfront costs of BMPs where funds are repaid upon reimbursement from state grant programs (expanding on funds already provided by Tompkins County), and to support/augment conservation reserve programs. Determine the mechanics of such a program and proposals for foundations, lake users (recreation, tourism, and property owners), and others to contribute funds to the account.
2022 WRC, SWCD
C Promote and publicly thank local farmers who implement BMPs as a way to raise awareness and make the connection between HABs and BMPs.
Ongoing SWCD, CCE, IO, WRC
D Promote programs (e.g., AEM Tier 3 Plans) that encourage farmers to plant cover crops on cropland that is prone to erosion and nutrient runoff when left unprotected.
Ongoing SWCD
E Digitize AEM Tier 1 and 2 worksheets and upgrade the AEM database to make data retrieval and analysis more seamless.
Alternative action: Request that the state AEM upgrade the AEM standard forms and database to be electronic for statewide use.
2022 SWCD
DITCH MANAGEMENT
Ditches are the conduits that drain surrounding lands and discharge stormwater into streams and lakes. If properly maintained and vegetated, ditches can be a sink, not a source, of nutrients and sediment to downstream waterbodies. Actions in this strategy focus on projects undertaken by all levels of government both in the routine maintenance of ditches and with special projects that may need additional funding.
ACTION TIMING LEAD/others
F Create and share a model policy for municipal governments to adopt best roadside ditch management practices that minimize transport and erosion of sediment and nutrients to surface waters.
2021 NYSWRI, DPS
G Annually reach out to highway departments with a reminder that SWCD has funding for hydroseeding materials and how to arrange assistance. Share examples of recent project successes and ask highway departments if staff are trained on implementing ditch BMPs.
Annual outreach
SWCD
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H Hold individual or small group trainings targeted at local engineers and highways superintendents on culvert and ditch BMPs.
2021 SWCD
I Beginning with the Town of Ulysses as a pilot municipality, use existing ditch inventory to evaluate and develop BMPs to reduce flow and prevent erosion in ditches on steep slopes.
2021 SWCD, DPS
STREAM BUFFERS AND WETLANDS
At the interface of terrestrial land uses and aquatic systems, stream buffers and wetlands play an important role in filtering nutrients and sediment and slowing stormwater runoff. Actions focus on providing education to municipal leaders and landowners and promoting protections measures to reduce nutrients that contribute to HABs.
ACTION TIMING LEAD/others
J Promote the WRC wetlands map by presenting to TCCOG and at least three municipalities annually.
Annually WRC
K Facilitate discussions between elected and appointed municipal officials in the county on stream buffer tools, focusing on what works and what does not work
2021 DPS
L Encourage landowners to plant and protect stream buffers, especially adjacent to pasture lands; for example:
• Trees for Tribs Buffer in a Bag initiative – share DEC annual announcement via social media and CLWN, OLWMC, IO, and CCE distribution lists.
• Lake Friendly Living – annually contact landowners in Tompkins County and expand pledges.
Ongoing CLWN, IO, CCE, OLWMC
M Host on-the-ground trainings at local stream restoration, buffer planting, and wetland restoration sites around the county for municipal officials, planning, zoning and conservation board members, and interested residents.
Annually WRC
COLLABORATION
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Collaboration is key to moving this strategy forward and communicating with municipal officials, farmers, and residents within the county and throughout the Cayuga Lake and Owasco Lake watersheds.
ACTION TIMING LEAD/others
N Annually convene entities within Cayuga Lake and Owasco Lake watersheds to share monitoring and research results, review status of actions and funding recommended in this strategy, evaluate results, and identify next steps.
Ongoing DPS, WRC
O Evaluate status of implementing water resource activities based on duties outlined in the water resource coordinator description approved by the WRC in August 2020. If gaps are identified, apply for grant funding to provide at least 0.5FTE of additional staff to advance the actions in this strategy.
Evaluate mid-2021
WRC, DPS, TCHD, SWCD
P Create, maintain, and, at least twice per year, use a county email outreach platform to share information on water quality, training, funding, and other resources with municipal officials, farmers, and residents.
Ongoing WRC, DPS, TC Communications Director
Q Provide updates and education related to HABs to TCCOG and County Legislature, including relevant advancements in novel or innovative technologies for phosphorus or HABs reductions.
Two times annually
WRC
R Annually identify one to three priority areas for water quality treatment or BMPs, focusing on bioavailable or soluble reactive phosphorus. Evaluate existing water quality data for locations and subwatersheds to prioritize locations.
Ongoing WRC, SWCD
S Support development of Cayuga Lake Watershed Rules and Regulations (WRR) 1. Track Owasco Lake WRR through NYS review process. 2. Convene drinking water purveyors, municipalities, county health departments, and county planning departments to discuss options. 3. If step two indicates a need, seek funding for a facilitator to conduct outreach and solicit stakeholder input from public and private entities, urban and rural landowners, tourism-based businesses, etc.
Based on outcome of Owasco WRR review by NYS
IO, TCHD, DPS, WRC, other counties
T Promote opportunities for septic system users to access funding to replace aging and/or inadequate systems.
Ongoing TCHD
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Planning, Energy, and Environmental Quality Committee Meeting: 06/28/21 01:30 PM Governor Daniel D. Tompkins Building Department: Planning and Sustainability Department
Ithaca, NY 14850 Category: Environmental
DOC ID: 10213
REPORT OR DISCUSSION ITEM NO.
(ID # 10213)
Page 1
Comments on draft Total Maximum Daily Load for Phosphorus in Cayuga Lake
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Inclusion through Diversity
Katherine Borgella, AICP Telephone (607) 274-5560 Commissioner of Planning and Sustainability www.tompkinscountyny.gov/planning
TO: Planning, Energy, and Environmental Quality Committee FROM: Darby Kiley, Associate Planner DATE: June 21, 2021 RE: Comments on Draft Total Maximum Daily Load for Phosphorus in Cayuga Lake Action Requested None. We are sharing the Department of Planning and Sustainability’s and Water Resources Council’s draft comments for informational purposes. Background On April 7, 2021, New York State Department of Environmental Conservation release the long-awaited draft Total Maximum Daily Load for Phosphorus in Cayuga Lake. Enclosed are draft comments that will be finalized before the comment period ends on July 8, 2021. Budget Implications None Enclosures Draft comments: Department of Planning and Sustainability Draft comments: Water Resources Council Contact Darby Kiley | 607-274-5562 | [email protected]
Tompkins County
DEPARTMENT OF PLANNING AND SUSTAINABILITY
121 East Court Street Ithaca, New York 14850
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Draft Comments from the Tompkins County Department of Planning and Sustainability on NYS Department of Environmental Conservation’s Draft Total Maximum Daily Load for Phosphorus in
Cayuga Lake – Comments due July 8, 2021 Will be submitted via email to: [email protected] New York State Department of Environmental Conservation Division of Water Bureau of Water Resource Management 625 Broadway, 4th Floor Albany, NY 12233-3508 Re: Draft Total Maximum Daily Load for Phosphorus in Cayuga Lake Dear Bureau of Water Resource Management: Thank you for the opportunity to provide comments on the draft Total Maximum Daily Load (TMDL) for Phosphorus in Cayuga Lake. Cayuga Lake is a treasured resource in Tompkins County and protecting the ecological, economic, and recreational functions of Cayuga Lake is a guiding policy of the County’s Comprehensive Plan. We approached our comments on the draft TMDL with an eye on how the document could be improved to help us implement the recommended actions with our local watershed partners and stakeholders. We also focused on the potential impacts of the TMDL on local wastewater treatment facilities and possible unintended consequences regarding land use, sprawl, and other environmental impacts from development activity in the watershed. Implementation Plan We are concerned that the draft TMDL implementation plan does not provide a clear strategy for how to achieve the identified targets for water quality in Cayuga Lake. We recommend that the implementation plan be reorganized and rewritten to make it simpler for the largely non-technical Cayuga Lake watershed community to implement the TMDL and help achieve its important goals.
1. Which are the priority watersheds? The Cayuga Lake watershed includes over 30 sub-basins. It would be very helpful if the TMDL could point the watershed community to the priority watersheds in which to focus limited staff resources and funds. Where should we utilize our resources immediately to most positively influence water quality in the lake?
a. Specifically, Tables 16-201 in Section 7.2 (pages 56-64) should be summarized to allow the local watershed community to clearly identify the priority watersheds2, current land uses (residential, agricultural, etc.), and associated phosphorus loads that would most effectively improve Cayuga Lake’s water quality.
2. What are the recommended BMPs? The document format makes it difficult to understand how to proceed with BMP selection and cost estimates. Clear guidance is needed from the professionals at the DEC to help the local watershed community make targeted and wise investments.
1 Note on table and figure references: Throughout the draft TMDL, the text refers to tables and figures by the wrong numbers. In our comments, we reference the table/figure number that corresponds to the table/figure label, not the text reference 2 Table 16 (pages 56-57) combines multiple sub-basins, sometimes across the lake in different counties, making it difficult to prioritize based on the total phosphorus pounds per year per acre.
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a. Tables 21 and 22 (pages 65-66) include BMPs that are not aligned with the “Priority BMPs” (pages 66-69) from the Cayuga Lake Harmful Algal Blooms (HABs) Action Plan. For example, cover crops are ranked last in Table 21 but are the first BMP in the HABs Action Plan list.
b. Sections 7.3-7.5 include additional BMPs that are not the same as the ones mentioned in letter “a” above. For example, Section 7.4.5 references the New York State nutrient runoff law (for lawn fertilizer) but does not link that to any BMPs either previously mentioned or with specifics in that section.
c. Section 7.3 states that Appendix G includes “a description of the recommended agricultural BMPs,” but the BMPs in the document do not match the BMPs in Appendix G. Table 21 lists 22 BMPs, Appendix G lists 18, and nine BMPs overlap with similar titles.
d. The TMDL should clearly state which BMPs are recommended and in what situations they should be used. For example, the TMDL includes a 15% total phosphorus reduction target for forested lands but does not specify if that should be tied to timber harvesting, natural runoff or both. Section 7.8.2 addresses forestry conservation practices and lists the voluntary DEC BMP Field Guide. Would this voluntary compliance be sufficient to reduce total phosphorus by 15%?
3. How will implementation of the TMDL be funded? Appendix G includes a list of existing programs and competitive funding opportunities, which to date have not been adequate to meet the already-identified watershed needs.
a. The details of Appendix G should be expanded to include recommendations to New York State and others on the creation of new funding sources to achieve these important goals.
b. It would also be very helpful to include a detailed description of federal funding and other grant sources that will be newly available to the watershed community with the adoption of this TMDL for Cayuga Lake.
4. Who is best suited to implement the various BMPs? It is unrealistic to expect much progress to be made voluntarily without assistance from state and federal agencies.
a. For example, the agricultural sector would need more assistance for BMP implementation. The county Soil and Water Conservation Districts are already working with farmers and are well-suited to implement BMPs, however, they are underfunded, understaffed, and need to be provided with a noncompetitive source of funding or state/federal assistance to support a successful BMP implementation program.
5. How will water quality be monitored to show if the reduction targets are being met? Having a clear description of who will be doing the monitoring, what they will be measuring, how they will conduct the monitoring, and when they will be reporting those results will help drive action in the watershed and provide a basis for decision-making.
a. The monitoring plan presented in Section 7.7.2 (pages 76-77) is a very generic description of existing monitoring programs. The development of a more detailed monitoring plan, with at least the level of detail of the locally-developed 2008 Monitoring Plan: Southern Basin of Cayuga Lake, would be helpful to ensure adequate data collection.
b. The TMDL should include a robust monitoring plan and funding mechanism for collecting and analyzing water quality before/after installation of BMPs.
6. When will the TMDL be reviewed to determine if monitoring shows changes in water quality? The TMDL should specify when DEC will report on monitoring results and how the
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results will be communicated to the watershed community. The TMDL should specify the timeline to reassess whether targets have been met.
7. What happens if TMDL targets are not met? The TMDL should clearly identify the federal, state, or local regulations or mandates that will be implemented for nonpoint sources if the TMDL is not successful.
Wastewater Treatment Facilities (WWTF) The draft TMDL, as written, may have unintended impacts on future land development within the watershed. We are concerned that the TMDL could limit growth for WWTF or make expansion cost-prohibitive. This may result in future development being directed into rural areas with no municipal sewer, thus increasing sprawl and the environmental impacts associated with sprawl. This type of development is contrary to New York’s own policy, as stated in the State Smart Growth Public Infrastructure and Policy Act (ECL Article 6 (§§6-0101 – 6-0111), which establishes “a fiscally prudent state policy of maximizing the social, economic and environmental benefits from public infrastructure development through minimizing unnecessary costs of sprawl development.” This unintentional promotion of sprawl would also be contrary to the local community plans, including principles and policies of the Tompkins County Comprehensive Plan.
1. The TMDL should spell out the impacts to current permits and future operations of WWTF, as well as the costs to operators and customers to implement the TMDL’s recommendations. For example, in Tompkins County, new development in villages may be severely limited if the TMDL requires cost-prohibitive upgrades to the county’s four smaller WWTF (Cayuga Heights, Dryden, Freeville, and Trumansburg).
2. The TMDL should clearly identify where future development would be limited based on the WWTF capacity. For example, the draft TMDL states3 that the Cayuga Heights WWTF total phosphorus load exceeds the permit limit but that corrective actions have been taken. However, those data were from 2013. While the draft TMDL acknowledges improvements have been made, it does not clarify the impact of those improvements. The TMDL should be updated to include the actual current total phosphorus load because it is impossible to determine from the information provided if the WWTF is close to the load limit or if there is capacity to expand.
3. The TMDL should provide a cost-benefit analysis of reducing phosphorus from point versus nonpoint sources. The value of point source WWTF to nodal development and reducing sprawl given the small contribution of phosphorus to the lake should be balanced with the other nonpoint contributions of phosphorus in the lake. Specifically, the Freeville WWTF only contributes 0.3% of the total phosphorus to the lake but it is the only contributor in Tompkins County identified for a phosphorus load reduction.
We appreciate your consideration of our comments. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability
3 Table 10 on page 43
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Tompkins County Water Resources Council 121 East Court Street, Ithaca, N.Y. 14850
Telephone (607) 274-5560 http://www.tompkinscountyny.gov/planning/committees-wrc
June 21, 2021
NYS DEC – Division of Water Bureau of Water Resource Management 625 Broadway, 4th Floor, Albany, NY 12233-3508 Sent via email to: [email protected] RE: Comments on the draft Total Maximum Daily Load for Phosphorus in Cayuga Lake To whom it may concern,
The Tompkins County Water Resources Council (TC WRC) serves as Tompkins County’s Water Quality Coordinating Committee (WQCC). WQCCs are communication and collaboration vehicles for water quality activities in all counties across New York State. The TC WRC regularly updates the county’s Water Quality Strategy, which serves as a guidance tool for prioritizing and carrying out water quality programming in the county.
In this role, we have participated in the dialogue, scientific research, and public outreach regarding the southern end of Cayuga Lake since the mid 1990’s. We created a Monitoring Partnership in 2006 that includes researchers and stakeholders beyond Tompkins County to improve our understanding of the health of Cayuga Lake, natural processes, potential issues, monitoring needs, and best management practices.
TC WRC Engagement:
In 2008, we prepared a monitoring plan for the southern end of the lake and submitted that to New York State Department of Environmental Conservation (DEC). Ultimately, many of the items suggested in that monitoring plan were included in the work done for the Cayuga Lake Modeling (CLM) project.
A representative from the Monitoring Partnership, who is also a TC WRC member, served on the technical advisory committee (TAC) for the CLM project.
Two members of the TC WRC participated in development of the 2018 Cayuga Lake HABs Action Plan, which is heavily referenced in the draft Total Maximum Daily Load (dTMDL).
DEC staff, Cornell University, Finger Lakes Institute, Wells College, and Ithaca College scientists as well as a number of water resource managers have given presentations to the TC WRC and/or Monitoring Partnership, participated in dialogue regarding lake science and contributed to official comment letters on proposed permits, monitoring, and regulations regarding Cayuga Lake.
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Outreach:
TC WRC provided regular lake science updates to the public via a series of Ithaca Journal articles from 2009-2010.
TC WRC hosted DEC’s early public outreach on the proposed dTMDL in June 2013, December 2013, July 2014, and March 2016.
Jeff Meyers, retired director of DEC’s Bureau of Monitoring and Assessment, participated in monthly Monitoring Partnership meetings from 2013 to 2016 building relationships, trust and exchanging knowledge with local stakeholders. That relationship directly resulted in delisting of the southern end of Cayuga Lake as impaired by pathogens through the receipt of monitoring data from the Community Science Institute and Ithaca Area Wastewater Treatment Facility.
It is from this long history of direct engagement with DEC on the topic of Cayuga Lake that the TC WRC provides the following comments on the dTMDL as areas of concern and issues to be addressed.
Areas of concern:
• The dTMDL does not list phosphorus (P) as the pollutant in the problem statement nor does it list the specific use that is impaired, with the exception of Table 1, page 9. General references and inferences to use impairments and threats are made throughout the document. The inconsistent and general language make it hard to determine the purpose of the dTMDL. It does not provide guidance on the priority of total phosphorus (TP) versus soluble reactive phosphorus (SRP) focus. It does not provide evidence to support that the proposed reductions will lead to decreases in algae.
• The dTMDL was supposed to give specific guidance on tackling TP and SRP, it does not.
• The dTMDL overstates the impact of TP on HABs as reported in the 2018 HABs Action Plan.
• The dTMDL uses chlorophyll-a (Chl-a) as a metric for success of the TMDL – this is not a state listed water quality standard.
• The dTMDL conflates TP values with the advent of HABs in Cayuga Lake and the need for the dTMDL. It implies reducing TP will reduce HABs. The evidence collected during the CLM project and extensive other data do not support this notion.
• The dTMDL attempts to create an impairment around drinking water drawn from Cayuga Lake by the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) in the form of disinfection byproduct formation by:
o making general connections between nutrients and algae, o tying that to specific incidences of TP guidance value exceedances on the
southern end (mostly during storm events) and o tying that to the proliferation of HABs in Cayuga Lake, and o making the general connection between natural organic matter (NOM) and
disinfection byproducts (DBPs) in drinking water, and
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o making general connections between TP and NOM with the implication that TP is on the rise and correlated to algae proliferation, which is not supported by the research DEC commissioned for this effort, and that NOM would increase with algae.
• The above attempt to create a drinking water impairment is fraught with errors. o DEC does not present historical data supporting an increase in NOM. o DEC’s own commissioned data do not support a relationship between TP and
Chl-a (as a surrogate for algae and also as a surrogate for NOM) in the southern end of Cayuga Lake.
o SCLIWC does not draw water from the southern end of Cayuga Lake. o DBP issues within the SCLIWC distribution system have been investigated and
sourced to water age and volatile organic carbon in a water tank lining (engineering reports are available).
o Local water purveyors using surface water (SCLIWC using Cayuga Lake, Cornell University using Fall Creek, and the City of Ithaca using Six Mile Creek) routinely measure dissolved organic carbon (DOC) as a measure of DBP formation potential. The data are freely available online. DOC levels are essentially the same in all three sources with no apparent upward trend over the last 18 years.
o These facts and data refute the notion that Cayuga Lake’s NOM is increasing. These facts also call into question DEC’s concern over Cayuga Lake’s fitness as a source water while DEC has not expressed concern over the fitness of Fall Creek and Six Mile Creek as source waters.
o Creating doubt about the safety of drinking water without evidence is irresponsible.
• Please remove the reference to a drinking water impairment unless substantial data are presented to support it.
There is a general lack of evidence supporting the listing of the southern end of Cayuga Lake as impaired by phosphorus, and more pointedly, a wealth of evidence not supporting the listing. TC WRC presents the following issues to be addressed regarding the listing:
• Please provide the data used initially to list the southern end Cayuga Lake as impaired by phosphorus, including the sample locations and dates so that it can be independently determined that the listing meets the Consolidated Assessment and Listing Methodology (CALM) requirements.
• Please provide information supporting the validity and application of the TP guidance value on the southern end condition, including that the TP was truly indicative of excessive amounts of algae.
• Please do not conflate the 2002 listing with HAB events in recent years unless DEC can refute the following: Based on data collected, analyzed, and reported under their direct supervision, TP levels have not continued to rise, TP levels are not correlated to Chl-a, and TP levels are not correlated to HABs.
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• Please comment on why DEC has not reviewed the data collected in 2013 for the CayugaLake Modeling Project and submitted a delisting request to EPA based on those findings.
The TC WRC has repeatedly provided comments on the merits of the listing of Cayuga Lake for a phosphorus impairment. Over the years, the scientific backing for delisting has only increased, yet DEC dismisses or disregards these comments. Relevant comments from past years are included in this packet and highlighted as still relevant and still unaddressed. We request DEC delay releasing a TMDL until thoughtful and appropriate feedback on these comments is provided and is in sync with the published results on the water quality science of the lake. Based on the science, DEC should consider abandoning the TMDL process for phosphorus in Cayuga Lake.
Sincerely,
Cynthia Brock, Chair
Enc. AVAILABLE UPON REQUEST
• WRC letter to DEC dated March 4, 2010• WRC letter to EPA and DEC dated January 20, 2013• WRC letter to DEC dated March 14, 2014• WRC letter to Governor Cuomo dated October 27, 2017• Report “Trophic State, Tripton, Pelagic Versus Near-Shore, and Modeling Issue for
Cayuga Lake, NY” dated July 2008
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Planning, Energy, and Environmental Quality Committee Meeting: 06/28/21 01:30 PM Governor Daniel D. Tompkins Building Department: Clerk of the Legislature
Ithaca, NY 14850 Category: Environmental
DOC ID: 10209
REPORT OR DISCUSSION ITEM NO.
(ID # 10209)
Page 1
Climate and Sustainable Energy (CaSE) Board Report June 2021
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Table of Contents:
Executive Summary 3
Introduction 5
Framing ‘Green Jobs’ to Meet the Climate Challenge 6
Emissions Reduction Targets and Objectives 7
Green Jobs Training 8
Introduction 8
Critical Skills and Sectors for Our Region 9
Model Programs Across NYS 12
Existing Clean Energy Training Programs Locally 13
Key Stakeholders in Clean Energy Pre-Apprenticeships 15
Available Funding for Green Workforce Development 16
A Green Labor Policy for the IDA 19
Introduction 19
IDA Labor Seat Appointment 20
Local labor 20
Incentivizing Apprenticeship and Pre-Apprenticeship Programs 26
Project Labor Agreements 27
Further Data Collection 30
Conclusion 30
Appendix 31
A. Local employers in clean energy (not a complete list) 31
B. Workforce Stakeholders in Tompkins County 32
C. A Vision for Long Term Strategy 35
D. List of Interviewees 37
E. References 38
Lead author: Elliana Pfeffer
Contributions by additional CaSE Board members: Sara Culotta, Alexander Rakow,
Terrance Carroll, Brian Eden, Robert Morache, Evan Hallas
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Executive Summary
Framing ‘Green Jobs’ to Meet the Climate Challenge ● Meeting ambitious climate goals that transition communities away from traditionally
higher-paying fossil fuel work requires a meaningful guarantee of family-sustaining jobs for workers.
● Recommended definition of “green jobs”: Green Jobs are jobs with family-sustaining wages and benefits, that are specifically aimed at reversing inequality and tackling the climate crisis by limiting greenhouse gas emissions through energy efficiency and clean energy production and the electrification of transportation.
Emissions Reduction Targets and Objectives ● In the latest version of Tompkins County’s Energy Roadmap, the County prioritized
reaching net-zero emissions in the shortest timeline possible. ● New York State’s clean energy initiatives, such as the Climate Protection and Community
Leadership Act, are and will continue to drive demand for clean energy workers across our region.
● To meet these objectives, the County will need skilled solar installers, construction workers, energy managers, and contractors to retrofit buildings for greater efficiency and electrification, and to develop clean energy generation, storage and distribution projects.
Green Jobs Training
● Investment in green workforce training remains a promising avenue to meet emissions goals, as as employers, workers and state entities are optimistic about the clean energy sector’s capacity for economic growth.
● Workforce development programs must intentionally recruit from and maintain engagement with communities who face barriers to employment so that climate jobs deliver on their promise of offering job opportunities to disenfranchised communities.
● Based on regional resources and emission reduction needs, jobs in weatherization, heat pump installation, wind turbines and sustainable forest management ought to be prioritized.
● There are barely any local clean energy training programs that meet our needs, and most that do are small and in their initial stages.
● We recommend that the TC Workforce Development Board approve the creation of a Green Jobs Training and Diversity Council, to convene labor, business, education and community stakeholders to design and secure funding for a comprehensive green jobs training network of programs to precede on-the-job training.
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A Green Labor Policy for the IDA ● We recommend that the Legislature
○ Work collaboratively with the TCIDA to reassess and adapt the Enhanced Energy Policy and base energy abatement policies beginning in March 2022.
○ Recommend that the TCIDA implement a Local Labor Policy where 100% of all project employees are required to reside in Tompkins or contiguous counties, unless a contractor requests and qualifies for a waiver.
○ Recommend that the TCIDA require developers receiving tax abatements to incentivize participation in apprenticeship programs or contribute to a green jobs training fund to support the aforementioned green work readiness program.
○ Recommend that the TCIDA require developers with a total project cost over $10 million to conduct a Project Labor Agreements Feasibility Study evaluating labor cost savings and potential workforce benefits.
Further Data Collection ● We recommend that the County:
○ Establish a target number and time frame for green job placements in the County based on the Tompkins County Workforce Development Board’s best estimate of the number of local people out of work, underemployed and/or working multiple jobs.
○ Refine and publish on the Tompkins Workforce New York and Tompkins County websites lists of current clean energy employers, stakeholders in the climate workforce, and funding mechanisms for green jobs growth. First drafts of such lists are included at the end of this report.
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Introduction Tackling the climate crisis creates major opportunities for job creation. Transitioning to a carbon neutral
economy will require massive efforts to “improve energy efficiency in buildings, lighting, and appliances,”
“move from grid-supplied electricity supplied outside of Tompkins County to local renewable generation,”
“move from gasoline-powered to electric cars and light trucks and reduce the amount of miles driven,”
and “move from natural gas to heat pumps and biomass heating,” as outlined in the 2019 Tompkins
County Energy Strategy.1 Achieving these goals will require hundreds of skilled workers employed in a
wide range of clean energy jobs.
Our current COVID-19 economy is both well-primed for and in desperate need of this rapid job creation.
As of July 2020, the percentage of unemployed people in the workforce was 9.9%, compared to 2019
levels of 4.2%.2 We will need to put people back to work at unprecedented rates in 2021 in order to return
to the record-low unemployment levels of 2019. Now is the time to mobilize workers into well-paid, high
quality jobs in climate mitigation sectors.
Importantly, these green jobs must seek to reverse economic inequality by providing family-sustaining
wages and benefits, and prioritizing communities that face barriers to employment (formerly incarcerated
people, veterans, Indigenous people, people of color, low-income people, LGBTQ+, women). The stakes
for doing so are high. For example, almost three fourths of Black workers in Tompkins County make less
than a living wage.3
Training and pre-apprenticeship programs should focus on these priority communities, as employers will
need on-going support and education to reduce workplace biases that have long kept such communities
out of the trades and construction industries. Hiring practices, interview styles, job qualifications, job
training affordability and location accessibility, industry reputation, workplace culture, and the job
experiences that influence retention all contribute to whether people of color and women are applying
to or lasting in green jobs. At present, the clean energy workplace remains dominated by middle-aged
white men. Going forward, we must work to make inclusion central to these workplace practices.
The growth of the green economy offers an opportunity to rectify these and other workplace inequities.
It is critical we go beyond rhetoric to ensure disenfranchised communities most impacted by climate
change actually reap the most benefits from a green transition.
This report is designed to share the findings of the Tompkins County Climate and Sustainable Energy
Advisory board and recommend actionable next steps the County legislature can take to realize green
workforce development in our area. We explore green job training best practices as well as regulatory
mechanisms for improving green job desirability and access locally. Throughout the following pages, we
1 “Tompkins County Energy Strategy,” Tompkins County Planning Department, 2019, https://tompkinscountyny.gov/files2/planning/Energy-Strategy-adopted_08-06-19.pdf. 2 US Bureau of Labor Statistics: national, state and metropolitan statistical area sources available as of September 1. 3 Research by Cornell ILR Buffalo, Ithaca Co-Labs, and Tompkins County Workers’ Center.
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refer to workforce development as an approach to economic development focused on workers rather
than just businesses. In this approach, investment is made in an educated and skilled workforce, which in
turn attracts business activity and investment, and draws workers to prioritized sectors.
Framing ‘Green Jobs’ to Meet the Climate Challenge Creating meaningful green job opportunities will require thoughtful strategizing. We must garner
participation from workers, employers, and the community to ensure that these jobs deliver on their
promise to rapidly combat climate change, recover from our economic recession, and reverse structural
inequalities. The approach we take to describing green jobs must excite these key stakeholders, and
crucially must pay a living wage if they are to attract people into the workforce.
Many of the green jobs definitions the CaSE Board found in its research are quite vague, and therefore
not particularly useful. They list “benefiting the environment”4 or “decent jobs that contribute to preserve
or restore the environment”5 as their main goals, instead of “specifically taking aim at tackling the climate
crisis based on ambitious, science-based climate protection policy,” as authors Cha and Skinner suggest
in their Cornell University ILR report, Reversing Inequality, Combating Climate Change: A Climate Jobs
Program for New York State.6 Their report underscores certain shortcomings in the existing approach to
green jobs creation:
“The U.S. has not succeeded in moving green economy jobs from “rhetoric to reality,” although
job losses in fossil fuel sectors, particularly coal, are already occurring. The scale of renewable
energy, building retrofits, public transit expansion and other aspects of a low-carbon economy
remain marginal. [...] The overall lack of jobs in the green economy and the prevalence of non-
union jobs in the limited existing green sectors, such as solar and residential retrofitting, have
dampened enthusiasm for the long-promised “clean, green economy” among workers and labor
organizations that are anxious to address the climate crisis and build a pro-worker, equitable
green economy.”
This dampened enthusiasm must be considered when marketing and creating green jobs. If more green
sector jobs were union jobs, higher wages and family-sustaining benefits would likely draw more workers,
and minimize these feelings of ambivalence towards a transition away from higher-paying fossil fuel work.
Investing in workers is critical to realizing our ambitious climate goals and truly growing the green
workforce.
4 “Measuring Green Jobs,” U.S. Bureau of Labor Statistics, 2013, https://www.bls.gov/green/#definition. 5 “What is a green job?,” International Labor Organization, 2016, https://www.ilo.org/global/topics/green-jobs/news/WCMS_220248/lang--en/index.htm. 6 Mijin Cha and Lara Skinner, Reversing Inequality, Combating Climate Change: A Climate Jobs Program for New York State, The Worker Institute, ILR School. 2017, https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1064&context=reports.
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In light of this, we suggest the following definition for green jobs to guide the County’s workforce efforts
in combating climate change:
Green Jobs are jobs with family-sustaining wages and benefits, that are specifically aimed at
reversing inequality and tackling the climate crisis by limiting greenhouse gas emissions through
energy efficiency and clean energy production, and the electrification of transportation.
Although this definition includes a wide variety of industries and sectors, we are limiting
the analysis in this paper to jobs in the buildings, energy, and transportation sectors, since these are our
primary source of greenhouse gases in NYS. Subsequent analysis may include other industries of relevance
to Tompkins County, including high tech and manufacturing along with sustainable agriculture and
forestry management to actively sequester carbon.
Emissions Reduction Targets and Objectives
Tompkins County has published multiple reports and documents to outline greenhouse gas emission
reduction objectives and the necessary actions to achieve those changes. All these actions require a skilled
workforce, and come with clear opportunities to create ‘green jobs’ as we define them here.
In 2016, Tompkins County produced its Energy Roadmap to describe scenarios by which the county can
achieve an 80% greenhouse gas reduction goal by 2050, against a 2008 baseline of GHG emission levels,
while meeting its growing energy needs.7 Th these goals around four objectives applicable to both internal
County operations and the community:
1. Improving energy efficiency in buildings, lighting and appliances.
2. Moving from grid-supplied electricity generated outside of Tompkins County to local renewable
generation.
3. Moving from natural gas to heat pumps and biomass heating.
4. Moving from gasoline-powered to electric cars and light trucks and reducing the number of miles
driven.
To meet these objectives, the county will need skilled solar and heat pump installers, construction
workers, energy managers, and contractors to retrofit buildings for greater efficiency and electrification.
Even the move to electric vehicles will require a skilled workforce to site and install the infrastructure
necessary to make the electric vehicle value proposition work for both personal and commercial
applications.
Below we detail recommendations for developing a successful green workforce program in Tompkins
County. Each recommendation either develops a wider pipeline to these jobs, improves the quality and
7 Tompkins County Energy Roadmap: Evaluating Our Energy Resources, Tompkins County Planning Department, 2016, https://tompkinscountyny.gov/files2/planning/Energy-greenhouse/Energy%20Roadmap%20All.pdf.
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desirability of green jobs, or enables the development of more data-gathering to support green workforce
development.
Green Jobs Training Introduction
Building a strong workforce equipped to meet the enormous challenge of the climate crisis will require
investment and immediate action to train new and existing workers and employers. We will need clean
energy pipeline programs, expanded apprenticeships and on-the-job training opportunities as well as
specialized pre-apprenticeships to meet the evolving need of industry. Despite economic pressures from
COVID-19, the need for investment in green job training remains high, with the clean energy sector poised
to become a cornerstone for our economic resurgence statewide.
New York State is already making robust investments in job training in the clean energy sector. Governor
Cuomo recently committed approximately $700 million to electrification efforts, which includes $38
million to support building electrification training for 14,000 individuals by 2025 to work in new heat pump
markets. These funds are likely to be disbursed via NYSERDA grants. NYSERDA has already dedicated over
$100 million in funding to support clean energy workforce training. Funding is available for a wide range
of training initiatives, including those that reduce the overhead cost of hiring workers new to the industry;
retrain existing workers with green skills; help cover the cost of on-the-job training; train contractors; and
support internships.
NYSERDA predicts the clean energy industry will lead the state’s economic recovery and provide new job
placements. In its 2020 Clean Energy Industry Report, NYSERDA writes, “the majority of employers
[statewide] expect their headcount to remain steady in 2021 and more employers expect to grow than
decline, acknowledging this is nowhere near the level of optimism reported by employers in prior years.”
There are important hurdles to be overcome, but this indicates that the clean energy sector is well situated
to propel us forward into both economic recovery and a critical green transition.
Locally, optimism for new green job training programs remains high. Many clean energy employers have
identified an enduring labor shortage and an ongoing capacity for hiring new employees. According to Jon
Harod of heat pump installation contractor Snug Planet, “The demand for heat pumps is off the charts
right now, there are great incentives, and there is definitely a labor shortage (for installer and service tech
work) in that area.” Even for smaller contractors without current capacity for expansion, like LaMorte
Electric, bringing on new hires remains a goal for the future and the need for re-training existing
employees on emerging green technologies remains high.
This need for green job training in our County goes hand in hand with the critical need to enable diverse
participation across race, class and gender to enter and succeed in the building trades and construction
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industries. Without any centralized training resources or hiring halls to serve as pipelines to these jobs,
“contractors often hire through their social networks, which is not likely to provide access to priority
populations,” says Brian Eden of Heatsmart Tompkins. This underscores a more general need to
deliberately bring disenfranchised people into the trades.
In order for green jobs to deliver on their promise of eroding inequalities, training programs must
intentionally recruit from, partner with and prioritize communities who face barriers to employment
(those recently incarcerated, people of color, low-income and LBGTQ+ people, and women). To do so,
these programs must employ a variety of recruitment tactics, including partnership with existing
community organizations, and targeted marketing or recruitment tactics. Training programs must also
offer affordability and accessibility by considering transportation, childcare, required tools of the trade,
and program cost.
Critical Skills and Sectors for Our Region There are countless jobs that are important to climate mitigation and adaptation. In order to help
narrow our focus, some of the jobs and skills that will be most necessary in the future are listed below.
For this analysis we focused on those that are most crucial for lowering emissions, and do not require a
college degree.
Weatherization/Energy Efficiency Technician - When accounting for the full life-cycle impacts of methane, the
building sector is the largest source of emissions for most municipalities in Tompkins County and the
Southern Tier. Not only do we need to electrify our buildings, but because our building stock largely
consists of older buildings, many will also have to be retrofit and made more efficient. Weatherization
and energy efficiency contractors and technicians will play a pivotal role in upgrading our building stock
to allow for efficient electrification. Critical skills in this industry include:8
Building and
Construction
Knowledge of materials, methods, and the tools involved in the construction or repair of
houses, buildings, or other structures such as highways and roads.
Client and Personal Service
Knowledge of principles and processes for providing client and personal services. This
includes client needs assessment, meeting quality standards for services, and evaluation
of client satisfaction.
Mechanical
Knowledge
Knowledge of machines and tools, including their designs, uses, repair, and
maintenance.
8Occupation Profile for Weatherization Installers and Technicians
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Administration and
Management
Knowledge of business and management principles involved in strategic planning,
resource allocation, human resources modeling, leadership technique, production
methods, and coordination of people and resources.
Heat Pump Installers/Contractors - Tompkins County and New York State cannot meet their respective
climate goals without electrification of the building sector, specifically in space heating for the
residential and commercial sector. Traditional boilers and furnaces need to be converted to air-source
or ground-source heat pumps to help transition our buildings from fossil fuel-based heating to efficient
electric heating. Millions of homes across New York State will have to transition their heating system to
heat pumps, making this field one of potentially explosive growth. Critical skills in this field include9:
Residential
Installation Skills:
● Knowledge and understanding of HVAC low and high voltage systems
● Basic math skills
● Ability to safely use residential HVAC/R gauges and electrical test equipment
● Familiar with the principles of evacuation
● Ability to balance air flow
● Knowledge of sheet metal practices
● Proficient in reading field drawings
● Proficient in the safe use of hand and power tools
● Ability to work at heights and on ladders
● Ability to work in confined spaces, attics, & basements
For Commercial
Installation Add:
● Ability to safely use scissor/power lifts
● Ability to read and understand blueprints and schematics
● Ability to interpret diagrams, drawings and equipment manuals
Mechanical
Knowledge
Knowledge of machines and tools, including their designs, uses, repair, and
maintenance.
Physics Knowledge Knowledge and prediction of physical principles, laws, their interrelationships, and
applications to understanding fluid, material, and atmospheric dynamics, and
mechanical, electrical, atomic and sub- atomic structures and processes.
Wind Turbine Service Technician - Tompkins County may not be the best suited for large-scale wind
generation, but there remain opportunities in neighboring areas as well as in small commercial and
residential applications. The approval of a 100 MW wind farm in neighboring Chenango County on
March 11th, 2021 is just the first of 11 new wind projects slated for the Southern Tier, Fingerlakes, and
Western and Central New York region, for a total of over 1300 MWs. These wind farms will need
9 HVAC Career Map
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qualified technicians and could prove to be a meaningful source of clean energy jobs for the region.
Critical skills for this occupation include10:
Mechanical Skills Wind technicians must understand and be able to maintain, troubleshoot and repair all
mechanical, hydraulic, braking, and electrical systems of a turbine.
Physical Stamina Wind technicians must be able to climb on ladder systems to the height of turbine
nacelle, often with tools and equipment. Some tower ladders may be 260 feet high or
taller. Therefore, wind technicians should be able to work for long periods without tiring
easily.
Physical strength Wind technicians must lift and climb with heavy equipment and parts and tools. Some
weigh in excess of 45 pounds.
Troubleshooting skills Wind technicians must diagnose and repair problems. When a turbine stops generating
electricity, technicians must determine the cause and then make the necessary repairs.
Comfort with heights
and confined spaces
Service technicians often must repair turbines that are at least 260 feet high. In addition,
technicians must work in confined spaces in order to access mechanical components of
the turbine.
Documentation Wind technicians must document and submit reports on the results of testing,
inspections, repairs, or problems they find when carrying out inspections and repairs.
Their writing must be clear and well organized so that others can understand the
reports.
Forest and Conservation Workers - Getting to zero emissions is nearly impossible without some form of
carbon capture - either through new technology or through natural sequestration. Utilizing sustainable
farming techniques and natural resource management will be critical to sequestration efforts, especially
as we seek challenging emissions reductions from industry. Even if humans were to cease emitting any
additional greenhouse gases, the amount of emissions that have already been released make additional
conservation, or, at the very least, preservation of our existing resources, paramount. Forest and
conservation workers will be an important but often overlooked labor sector. Critical skills include11:
Ecology / Geography
The science of conservation requires knowledge of the physical and biological
characteristics of the local environment, and the interdependencies of natural systems.
10 Career Map: Wind Technician 11 https://www.careeronestop.org/Toolkit/Careers/Occupations/occupation-profile.aspx?keyword=Forest%20and%20Conservation%20Workers&location=UNITED%20STATES&lang=en&frd=true&onetcode=45401100
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Forestry The skilled and sustainable management of forest resources is essential to maximizing
the value of forest resources to neighboring communities, and ensuring that they are
conserved and continue to sequester carbon.
Clerical Knowledge of administrative and clerical procedures and systems such as word
processing, managing files and records, stenography and transcription, designing forms,
and other office procedures and terminology.
These are just a few potential areas of green workforce growth. Dozens of other industries are likely to
grow, and we must be prepared to adapt our workforce to meet their needs. The website
www.careeronestop.org from the U.S. Department of Labor was an important resource for this early
analysis. The website includes an entire section on “Green Careers” including information on more than
200 green careers over 12 separate sectors. More information can be found at:
https://www.careeronestop.org/GreenCareers/green-careers.aspx Model Programs Across NYS We have identified three case studies of clean energy training programs that have won NYSERDA grant
funding through the Energy Efficiency and Clean Technology Training Program (PON 3981) to help
illuminate what successful training programs of relevance to Tompkins County could look like.
Key qualities of these model programs include:
● Targeted recruitment of disenfranchised, recently incarcerated, or otherwise underrepresented
communities
● Focus on energy efficiency, green buildings, and/or clean energy work
● Integrated on-the-job training and in-the-classroom programming
● Partnerships with community organizations who already work with low-income communities
● Mentorship opportunities
● Curriculums that bridge environmental literacy and technical knowledge
See for the brief case studies below:12
12 nyserda.ny.gov/All-Programs/Programs/Clean-Energy-Workforce-Development/Example-Training-Projects
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Existing Clean Energy Training Programs Locally
As of 2020, NYSERDA has identified six clean energy job training programs in Ithaca. However five of them
focus on white collar professional training for architectural, engineering, or managerial jobs, and don’t
address our greatest needs: heat pump installation, solar/wind installation, weatherization and energy
efficiency workers. There is one additional program not listed by NYSERDA, which provides training in heat
pump installation. One other known clean energy training program in the County is currently in a pilot
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phase, but should inform the County’s considerations for expanding and developing new programs in the
area. See the table below for an expanded list of current existing clean energy programs.
Program Provider Program Type Occupational Focus City
Architectural Studies (B.A.)
Ithaca College 4 year college/university
Architecture Ithaca
Undergraduate Architecture Program
Cornell University 4 year college/university
Architecture Ithaca
Master of Engineering in System Engineering
Cornell University 4 year college/university
Engineering Ithaca
Construction and Environmental Technology
Tompkins Cortland Community College
Community college Construction Dryden
Engineering Science Tompkins Cortland Community College
Community college Engineering Dryden
Electrical - Inside Wireman
JATC of Ithaca Union Electrical Ithaca
Energy Warriors Pilot Cornell Cooperative Extension
Non-profit Weatherization Ithaca
Heat Pump Training HeatSmart Tompkins Non-profit Heat pump installations
While each of these programs illuminate a thriving local clean energy training landscape, they point to a
predominant focus on professional and white collar jobs. Even the Construction and Environmental
Technology program at Tompkins Cortland Community College (TC3) focuses on careers in energy
auditing, project management, contracting, civil drafting, surveying, architectural drafting, and
environmental engineering. These jobs, while relevant to building our clean energy future, are not where
the greatest need lies for job creation for the green transition.
Currently, the only existing programs focused on the aforementioned targeted skill sets necessary for
climate mitigation are the HeatSmart Trainings in heat pump installations, Energy Warriors Pilot, and JATC
Electrical programs. More specifically, HeatSmart has developed curricula, delivered webinars and online
instruction in heat pump installations, and conducted field training to reinforce best practices. They have
used on-the-job training to establish a pipeline of qualified students prepared to be employed as clean
energy technicians. HeatSmart Tompkins is preparing a grant application to NYSERDA in conjunction with
TST BOCES to support these programs.
The Cornell Cooperative Extension (CCE) Energy Warriors Pilot program focuses on building insulation and
weatherization techniques, with on-the-job training experience offered through the integrated ReUse
Reset Apprenticeship program at Fingerlakes ReUse. The classroom sessions are modeled on both the
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“Roots of Success” training curriculum, which covers general environmental literacy and soft skills, and
the US Dept of Education EERE Weatherization training curriculum. Classroom sessions are taught by Aloja
Airewele who we highly recommend be brought into forthcoming conversations. Importantly, the Energy
Warriors program is geared specifically at disenfranchised persons who face barriers to employment
including those reentering from prison.
The JATC program similarly combines on-the-job training with classroom learning, consisting of 900 hours
of coursework and 8,200 hours of apprenticeship experience. The classroom learning for this program is
oriented toward technical and safety-focused knowledge, and while the program does incorporate
curricula on the newest environmental technologies an environmental literacy element is missing.
Nevertheless the program has been a longstanding asset to workers in the community. It could play an
essential role in growing the County’s green job training landscape going forward.
Key Stakeholders in Clean Energy Pre-Apprenticeships Tompkins County Government and Workforce Development Board The most important role for local
government in green job training is to provide financial support. For example, the new Ulster County
sponsors the SUNY Ulster Green Jobs Career Academy, and the City of New York sponsors the NYC Green
Jobs Corps. The TC Workforce Development Board can play a major role in data collection, grant writing,
etc., and allocating government funds towards job creation is common sense for stimulating a post-
pandemic economic recovery.
Tompkins County Building Trades. Building trades unions run successful apprenticeship programs housed
in existing physical training facilities. Working together on pre-apprenticeship training would ensure
differentiation between pre-apprenticeship and apprenticeship curricula, since the new programs would
be intended to serve as an intentional on-ramp to union apprenticeships or other on-the-job training
programs outside the unions’ domain.
TST BOCES, TC3, and HeatSmart Tompkins Both the Tompkins-Seneca-Tioga Board of Cooperative
Educational Services and Tompkins County Cortland Community College are critical stakeholders because
of their existing curricula and infrastructure. Both institutions could offer classroom space and a pathway
to accessing a student body that is already seeking out technical and professional education. Matt
Fellman, an instructor in Physics at TC3 as well as Ithaca High School, has expressed interest in helping to
make a green workforce pre-apprenticeship program successful. Other administrators at TC3, specifically
those on the TC Workforce Development Board, have also expressed interest in collaboration.
In January 2020, Brian Eden of HeatSmart Tompkins worked with BOCES to organize orientation sessions
on heat pump installation for their career training program students. A series of programs were scheduled
for late March but were cancelled due to the pandemic. Planning has renewed this year, and staff have
approved the initiation of a Fall Adult Education program. There will be an introductory offering on the
Basics of Heat Pump Installations (20 hours) followed by an EPA Section 608 Certification program for the
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appropriate servicing or disposing of high- or very high-pressure appliances (refrigerant materials) (30
hours). HeatSmart Tompkins is in the process of developing curricular materials and a lab containing the
relevant equipment and tools.
Black Hands Universal This nonprofit led by longtime community organizer and former tradesman Harry
O. Smith is currently working to set up a pre-apprenticeship program in collaboration with the Northeast
Region of Unions, the City of Ithaca and Business Leaders of Color, geared at providing resources to
prepare Black and brown and Indigenous people to enter the trades and gain financial stability. The
organization provides job placement, financial literacy training, mental health resources, and wellness
opportunities. Its established connections to the Black and brown communities in Ithaca make it
important to future conversations on green jobs.
CCE Energy Warriors Pilot Program As the only existing training program focused on environmental
literacy and recruitment of disenfranchised communities locally, facilitators of this pilot, specifically Aloja
Airewele and Karim Beers, will have critical insights to contribute to the conversation of what a robust
green jobs training ecosystem can look like locally.
NYSERDA As mentioned in the introduction, NYSERDA is already playing a crucial financing role for green
job training programs in New York State, with about $800 million in funding dedicated for the purpose.
These funding pathways should be pursued locally.
Tompkins Workforce Tompkins Workforce provides financial support for thoseengaged in this type of
training, up to $3,000 of tuition costs and up to $2,000 for transportation or other expenses for individuals
who are income eligible. This money comes from federal Workforce Innovation and Opportunity Act
funding, which is channeled through the NYSDOL to the Tompkins County Workforce Development Board,
which then directs it to Tompkins Workforce. They are also able to contribute to the wages of individuals
in on-the-job training (OJT) programs, similar to NYSERDA, once a student graduates from the proposed
TC3 program into an apprenticeship or other OJT program.
Available Funding for Green Workforce Development
Agency Program Description
NYSERDA On-the-job Training for Energy Efficiency and Clean
Technology (PON 3982)
On-the-job training for HVAC, solar, etc. to reduce
financial risk of hiring/training new employees.
NYSERDA Energy Efficiency and Clean Energy Technology Training
(PON 3981)
Training for colleges, unions, distributors, and
community organizations.
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Agency Program Description
NYSERDA Clean Energy Communities program (consult with regional
CEC Coordinator for specifics)
Direct technical support to
communities/governments with clean energy
leadership.
NYSERDA Affordable Solar and Storage Predevelopment and
Technical Assistance (PON 3414)
Serves low-to-moderate income households facing
barriers to solar installation.
NYSERDA Clean Energy Training Services (RFQL 4145) Establish contractors qualified to
train/teach/provide expertise on energy workforce
development
NYSERDA Clean Energy Internship Program (PON 4000) Funding to clean energy businesses or organizations
hiring interns to perform meaningful work in the
clean energy sector.
U.S. Environmental
Protection Agency
FY2021 Environmental Workforce Development and Job
Training (EWDJT) Grants
Funding for job training programs that recruit
unemployed residents to work in the environmental
field.
NYS Department of
Labor
CFA Program 436, NYS Department of Labor
Unemployed/Underemployed Worker Training
Funding for eligible organizations that can assist the
department by providing occupational skills training
for unemployed/underemployed individuals.
Our Recommendation Keeping in mind the local green job training gap, the CaSE board recommends the creation of the “Green
Jobs Training and Diversity Council” in order to explore developing a comprehensive green work readiness
program based at an institution like TC3, BOCES, or elsewhere, to precede local on-the-job training in the
clean energy sector. Such a program could serve to expand the pipeline of applicants to green jobs, act as
a support hub for new green workers, and help the County achieve its emissions reduction goals. It could
support new and existing training courses focused on environmental literacy, safety protocols, and
industry specific knowledge related to various career pathways. It could also enable the development of
employer and contractor support programs. Locating such a training program in an established institution
could ultimately help new and existing programs generate long term financial stability.
Any green work readiness program of this scale and ambition will require buy-in from a variety of
stakeholders, especially the host institution and the Building Trades Council. It thus makes sense to form
a Green Jobs Training and Diversity Council to facilitate the creation of this program before a precise vision
is determined.
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The main tasks of such a council could include:
● Evaluating the feasibility of practicality and interested of TC3 and the Building Trades Council in
leading this program
● Appointing an initial grant writer to secure NYSERDA funding to support the program
● Developing a program structure (microdentials, degree program structures are possibilities) and
curriculum through more in-depth research on existing green work readiness program models
● Facilitating the certification of the program with Department of Labor for Direct-Entry into
existing apprenticeships
● Developing the financing structure for such a program, including budgetary allocation from
Tompkins County and potential grant writing support from the TC Workforce Development Board
● Creating additional job placement infrastructure as deemed necessary by the Council, potentially
to include coordination with employers
We recommend the Legislature approve the creation of the Green Jobs Training
and Diversity Council
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A Green Labor Policy for the IDA Introduction
Incentivizing tax-abated development projects to use clean energy, hire locally, use project labor
agreements, and help pay into apprenticeship programs is a common sense approach to growing the local
green workforce. When projects that receive abatements prioritize local workers and the environment,
green construction jobs become generally more stable and desirable. Creating job pipelines such as those
outlined above is crucial to growing the green economy. Yet, we cannot effectively combat climate change
in our community until we regulate green jobs to be good, safe, desirable local jobs. Recommending the
Tompkins County Industrial Development Agency (TCIDA) adopt strong labor provisions in their financial
assistance application is an important step the County can take to incentivize green jobs growth in the
private sector.
Without either land use authority or a publicly owned land bank, the County lacks the power to directly
regulate privately funded industry in order to create green jobs. However, private developers receiving
tax exempt status, even for a period of time, have a corresponding duty to the County community, our
local workforce system and our climate goals. In lieu of tax payments, these developments ought to
guarantee tangible public benefits and accountability.
IDA development projects already set industry labor standards in the clean energy and building trades
sectors at large. This is because of the relative scale, abundance and energy efficiency of these projects.
Thanks to strong existing IDA energy policies, many of these projects are green– they are required to
heat pumps, and many even comply with the Ithaca Energy Code Supplement. A significant quantity of
the IDA projects are solar projects.
Although the IDA does not finance small-scale clean energy retrofit projects, which are critical to
emissions reductions, the same workers who work on larger tax-abated projects can and do work on
smaller scales. Labor policies set by the IDA have the power to impact the labor practices of smaller
contractors.
Recommending that the IDA adopt a policy encouraging tax-abated projects to hire locally, use
apprenticeship language and incentivize project labor agreements can help ensure industry standards
make green construction jobs safe, desirable and well-paying. County legislators make up about half of
the IDA and therefore such a recommendation by the County itself would have significant impact.
With regards to timing, now is the appropriate time to make recommendations. The TCIDA Board recently
created a Local Labor Subcommittee with the goal of drafting a policy relating to the local workforce, so
these topics are being raised now. The CaSE board suggests the County recommend the policies argued
and described below to the IDA.
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IDA Labor Seat Appointment
We commend the efforts made in December 2021 to appoint a representative of organized labor to the
Tompkins County IDA, inspired by a recommendation in initial drafts of this report. Such an appointment
recognizes that promoting economic justice and long-term green job prospects for local community
members necessitates labor input and leadership around design and implementation. It also aligns
Tompkins County with its peers in Chautauqua, Monroe, Broome, Erie and Chemung Counties, which all
have labor appointees on their IDAs.
The County can translate this appointment into substantive action to support the local green workforce
by supporting the policies delineated below, which have been crafted in direct collaboration with trades
representatives including Todd Bruer, the new IDA labor representative and president of the TC Building
Trades Council.
Local labor
Hiring locally both keeps money in our local economy and enables local green workers to reap the benefits
of our energy transition. While the TCIDA has long encouraged applicants to hire locally, in practice this
has occurred inconsistently. The IDA currently has a Local Labor Utilization Policy. This policy is a good
step in the right direction because it requires contractors to report on their local labor usage, and
document local bid solicitation. However, it also states that, “There is no minimum or maximum local
construction labor utilization requirement.” As a result, many developers that receive abatements do not
hire locally.
Strong Precedents for Binding Local Labor IDA Policies
Throughout New York State, counties of widely varying population sizes have implemented binding local
labor policies in their IDA applications. Notably, every binding local labor policy in New York State for
counties with at least 60,000 residents requires a percentage of 70% or greater of the project employees
to reside in the Local Labor Area, which is usually defined to include the contiguous counties. Multiple
counties with populations ranging from 60,000 to 90,000 have binding local labor policies that require
70% or more project employees to reside in the Local Labor Area.13
For example, in Cayuga County, which has a population of around 80,026 people, the local IDA requires
65% of all project employees of the general contractor, subcontractor, or subcontractor to the
subcontractor (collectively “the Workers”) to reside within Cayuga County, not even within the contiguous
13 Research done by CaSE Advisory Board.
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counties.14 This demonstrates the possibility for a county smaller than Tompkins County to employ strong
local labor requirements without depending on largely populated surrounding counties. The Cayuga
County policy then also requires an additional 20% of the Workers to reside either in contiguous counties,
which includes Syracuse, or Cayuga County. The remaining 15% of the Workers are required to reside in
New York State. This policy is a strong demonstration of pro-worker values. Notably, Cayuga County does
not require the contractors or subcontractors themselves to be locally sourced as long as the employees
are.
In Genesee County, which has a population of around 60,079 people, they require 90% of total project
employees, excluding project managers, to reside within their Local Labor Area.15 Chemung County, with
a population of 88,830, has a similar policy where they require the use of local general contractors,
subcontractors, laborers, and suppliers for 70% of the total cost of construction for new, expanded, or
renovated facilities.16 Monroe County17 and Onondaga County18 require 100% local labor, Dutchess
County requires 80%19 and Erie County requires 90%.20
Most existing binding local labor policies recognize there are many scenarios where workers residing
within the Local Labor Area may not be available with respect to a project. In those cases, developers can
apply for a waiver that allows them to use more non-local workers than is outlined in the policy. Waivers
often apply to (i) warranty issues related to installation of specialized equipment or materials whereby
the manufacturer requires installation by only approved installers; (ii) specialized construction for which
qualified Local Labor Area Workers are not available; or (iii) documented lack of Workers meeting the
Local Labor Area requirement. In certain policies, a waiver may also be granted if there is a cost differential
of at least 20% between local and non-local services.
In Cayuga County, a documented lack of workers may only be ascertained after general contractors reach
out to the Cayuga Central Labor Council, CNY Area Labor Federation, and Cayuga Works Career Center.21
In Broome County, the general contractor must solicit bids locally and submit a form explaining any
reasons why those bids did not work out. This is a good strategy for ensuring accountability when
14 “IDA Documents and Policies,” Cayuga County Industrial Development Agency, Accessed November 9, 2020, http://cayugacountyida.org/documents. See “Application for Financial Assistance, page 19. 15 “Application for Financial Assistance,” Genesee County Economic Development Center, 2016, http://www.gcedc.com/application/files/1715/4047/6740/GCEDC.Final_application_new_pricing_policy.2018.pdf. 16 “Local Access Policy,” Chemung County Industrial Development Agency, 2018, http://chemungcountyida.com/wp-content/uploads/2018/07/CCIDA-Local-Access-Policy.pdf. 17 “Application for Assistance,” County of Monroe Industrial Development Agency, 2020, https://monroecountyida.org/wp-content/uploads/COMIDA-Project-Application-20-1.pdf. See page 9. 18 “Application for Benefits,” Onondaga County Industrial Development Agency, https://www.ongoved.com/assets/Uploads/files/downloadablefiles/OCIDA-Application-Edited-1-24-20-web.pdf. See page 12. 19 “Local Workforce Utilization Policy,” Dutchess County Industrial Development Agency, 2020, https://thinkdutchess.com/wp-content/uploads/2020/01/IDA-Local-Workforce-Utilization-Policy-v3.pdf. 20 “Local Labor Workforce Certification,” Erie County Industrial Development Agency, 2013, https://www.ecidany.com/documents/ECIDALocalLaborPolicy.pdf 21 “IDA Documents and Policies,” Cayuga County Industrial Development Agency. See “Application for Financial Assistance,” page 19.
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developers apply for a waiver to denote a documented lack of workers. That said, bid solicitation might
be too stringent a process for documenting lack of workers, since it does not necessarily encompass use
of out-of-town subcontractors, such as many of the union subs, that do hire local project employees.
The main objective of the binding local labor policy is to incentivize the utilization of local workers when
they are available, not to make the project impossible to complete without a sufficient local workforce.
By requiring developers to go through additional hoops in order to hire workers from out of town, the
IDAs with binding local labor policies incentivize local job creation, while still reinforcing their commitment
to economic development.
IDAs across the state have also adopted different ways for enforcing compliance with the local labor
percentage requirement and policy waiver system. A typical model is for the IDA to require local labor
utilization reports prior to the start of construction activities, as well as monthly or quarterly and post-
project reporting. Luckily, Tompkins County already implements a monthly reporting system on local
labor, which seems best to continue using for policy accountability. In some counties, random spot checks
are also implemented by a Certified Public Accounting firm to ensure compliance through verification of
payrolls or on-sight review.
In cases where compliance with the policy is not being met, there are various possibilities for
implementing consequences to ensure accountability. In Erie County, the IDA sends written notice to the
project applicant. The project applicant then has 10 business days to either: “(i) provide written
confirmation to the IDA indicating that it has cured the violation and is now in compliance with the Local
Labor Requirement; (ii) submit the Local Labor Waiver Request as described above; or (iii) confirm in
writing its inability to meet the Local Labor Requirement. If the Project applicant does not respond to the
Agency’s Notice of Violation, or if the Project applicant confirms its inability to meet the Local Labor
Requirement then the Agency shall immediately terminate any and all Financial Assistance being provided
to the Project in accordance with the terms of the underlying agreements between the Agency and the
Project applicant with respect to the Project.”22
Allowing the recapture or termination of financial assistance in the case of noncompliance is a common
sense approach to enforcement–– especially when companies are already allowed time to address
noncompliance through waiver applications or adapted local hiring practices. The possibility of requesting
a waiver ensures sufficient flexibility, and continued noncompliance upon receipt of a written notice
would indicate irresponsible use of the public tax break. Strategies for enforcement that entail even more
leniency would not sufficiently address the goal of a binding local labor policy, which is to incentivize the
creation of local jobs in a way that still ensures economic development.
22 “Local Labor Workforce Certification,” Erie County Industrial Development Agency, 2013.
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Analysis on the Feasibility and Need for a TCIDA Binding Local Labor Policy
In Tompkins County, IAED staff are currently pulling data from previous IDA labor reporting for the Local
Labor IDA Subcommittee.23 The preliminary report includes statistics on general local workforce data from
the three largest trades in the area (electricians, carpenters, and plumbers), as well as analysis on local
labor data from three recent large tax-abated projects. Before diving into the important information
outlined in the report, it is important to describe its limitations in scope. The data is not representative of
all trade professions. The report also does not include full statistics on union vs. non-union hiring practices,
or statistics on the costs of transportation, meals and housing for out of town workers. Despite these
limitations, the report outlines crucial insights.
The preliminary report notes that “more tradespeople reside in the IDA-local labor area than are
employed there,” where the local labor area is defined in the 2016 Local Labor Utilization policy with
inclusion of the counties contiguous to Tompkins: Cayuga, Chemung, Cortland, Schuyler, Seneca, and
Tioga. 24 This suggests that while a substantial number of workers reside in the Local Labor Area, many
are leaving the Local Labor Area for work. One would infer that our local labor supply exceeds demand,
however this does not account for the full picture. Since many local projects use out-of-town workers,
there is actually a mismatch between local labor supply and demand.
Indeed, a substantial amount of developments are taking place in Tompkins County (as shown in figure
9), and of those that have received tax abatements, there are wide discrepancies in the usage of local
labor. For example, on the City Center $52,713,000 project, only 33% of project employees were local
workers. Yet, on the Harold Square project, which was a similar size at $43,000,000, approximately 67%
project employees were local workers. While one may assume the average wages on the project that used
23 Kurt Anderson, “Tompkins County IDA Local Labor Subcommittee: Local Labor Report,” Tompkins County Area Development, 2020. 24 Anderson, “Tompkins County IDA Local Labor Subcommittee: Local Labor Report,” 8.
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less local labor would be higher, they were actually $3 less per hour when they hired locally (see figures 2
& 3).25
It is usually easier for developers to hire contractors with whom they have worked in the past, and often
that comfort with a contractor trumps regard for their local hiring practices. Importantly, this does not
always even guarantee cheaper rates. As mentioned above, a project with far less local labor (City Center)
actually paid an average $3 higher in wages than a project that used far greater amounts of local labor
(Herald Square). Furthermore, while the IAED preliminary report mentions an average $10 hourly wage
increase for local carpenters compared to non-local carpenters, as an example of wage differentials
depending on origin location, interviews with representatives from the building trades that have worked
on out-of-town projects themselves have mentioned that contractors often use a “per diem” arrangement
to cover the cost of housing and meals for out-of-town workers. Dave Marsh, the Principal Officer of the
Tompkins County Building and Construction Trades Department, noted that such a “per diem”
arrangement typically includes about $150/day. Depending on the amount of workers used on a project,
it is possible this cost offsets the $10 wage increase noted in the report.
Regardless of the potential cost savings of hiring locally, without a policy in place to incentivize local labor
utilization, developers are free to choose to either hire locally or not. Some will and some will not. The
cases of City Center and Harold Square indicate that while each project is unique, savvy developers are
capable of hiring a large percentage of local workers on large-scale projects if they so choose.
In a Local Labor Area where local workers are leaving the area to work, this unaccountability to the local
workforce is both irresponsible and creates economic inefficiencies. From an environmental standpoint,
hiring locally when it is available cuts down on emissions costs of transportation to and from out-of-town
locations, in addition to economic ones. These findings indicate the necessity of a policy that intentionally
incentivizes the use of local labor in scenarios where local workers are available to do the project. When
a project receives a tax break, it ought to be accountable to the local public.
25 Anderson, “Tompkins County IDA Local Labor Subcommittee: Local Labor Report,” 4-5.
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Additionally, adopting a binding local labor policy can incentivize apprenticeships. This is because while
80.8% of apprentices are local workers (see Table below), nonlocal apprentices are paid significantly
higher wages than those that are. If we implemented a local labor policy to ensure more local work is
going to local workers, it would not be hard to hire apprentices.
% of Total % Local
Labor Hours Wages Labor Hours Wages
Journeyman 16.9 18.3 19.1 50.5 62.1 58.9
Apprentice 10.4 13.2 9.2 80.8 90.1 87.1
$/hr
Journeyman Local $28.61
Nonlocal $32.71
Apprentice Local $19.23
Nonlocal $25.72
It is also important to note that in multiple scenarios, non-local contractors hired local workers. This
strengthens the case for a policy which bases its ideal local labor threshold on all project employees,
without regard for the base location of the general contractors, subcontractors or project managers. For
example, Matco Electrical based out of Vestal hired almost 100% local union electricians on both the City
Center and Harold Square projects. Fahs Construction Group, based primarily out of Binghamton, which
is significantly closer to Tompkins, used approximately 60% local workers. There are more effective ways
to incentivize the use of local contractors, that do not center them in a binding local labor policy, perhaps
by rewarding the developer for their use, instead of requiring their use.
Ultimately, the CaSE board encourages setting the desired percentage for local labor at 100% of all project
employees. Some argue that a binding local labor policy should be lower and thus “more realistic.”
Nevertheless, such an argument ignores the main goal of implementing a policy at all–– breeding
significant change and advantage for our local workers, and growth of the local green construction market.
A 100% local labor policy will likely generate a lot of waivers, because in most cases it will be impossible
to meet 100% local labor, but these waiver requests will generate a lot of valuable information. For
example, this data will reveal specific local skills gaps, and can help inform workforce training programs
such as those discussed in earlier sections. If a policy mirrored what is already happening locally, we would
not be creating significant change, and there would be no real point of the waiver system at all.
Our Recommendation
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We therefore instruct the County recommend the TCIDA implement a Local Labor Policy whereby
100% all project employees of the general contractor, subcontractor, or subcontractor to the
subcontractor (collectively “the Workers”) could be required to reside in the Local Labor Area
(Tompkins and contiguous counties). Recognizing that meeting this criteria is not always possible,
waivers would be granted by the TCIDA in situations that apply to (i) warranty issues related to
installation of specialized equipment or materials whereby the manufacturer requires installation
by only approved installers; (ii) specialized construction for which qualified Local Labor Area
Workers are not available; or (iii) documented lack of Workers meeting the Local Labor Area
requirement.
Proof of a documented lack of local workers or unavailability of local workers capable of doing
specialized construction work would be demonstrated by the Developer contacting the Tompkins
County Building Trades Council, the TC Workforce Development Board and Tompkins Workforce
and showing receipts of those communications to the TCIDA.
Should a violation of this policy be made aware to the TCIDA, the Applicant would be sent written
notice of noncompliance, and upon its receipt by US Mail, the Applicant would have 10 days to
either submit a request for a waiver or notify the TCIDA that it has rectified the issue through local
hire. If these conditions are not met, the financial assistance would be suspended, and possibly
terminated.
Incentivizing Apprenticeship and Pre-Apprenticeship Programs
Certified apprenticeship programs offer important opportunities to expand the local green workforce by
providing critical on-the-job training. Apprenticeships equip local workers with the skills necessary to do
high-quality work in family-sustaining, living-wage careers. They allow trainees to make an income while
they learn, thereby lowering the barriers to participation and entry into the building trades and green
jobs.
Simultaneously, apprenticeships offer cost savings to developers for completing menial tasks that can be
easily done by workers-in-training. This is because apprentice wages are often lower than a first year
journeyman by 50% or greater, depending on the specific apprenticeship program and the level of training
the apprenticeship has.
In our County, there are already precedents for apprenticeship incentive programs on public works
projects. In 2020, the City of Ithaca passed an apprentice incentive program for public works contracts
that gives an incentive of $5 per hour for each hour worked by an eligible apprentice on the awarded
contract, subject to a minimum of 100-hours of apprentice work on the project per program-participating
contractor or subcontractor. To further ensure that the program assists local people, it is required that
the apprentices be either residents of the City of Ithaca, or be residents of Tompkins County and a woman
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or a minority group member. Tompkins County has a similar apprenticeship policy whereby contractors
must maintain or participate in a NYS DOL registered apprentice program on projects that require
separate specifications through Wicks Law and cost over $1 million dollars. Thus, recommending the IDA
adopt a similar policy would align the agency with local government policies.
Incentivizing or requiring participation in NYS DOL registered apprenticeships on tax-abated projects
aligns with the TCIDA’s mission of “job creation” and the County’s Energy Strategy goals. Additionally,
finding ways for the IDA to help finance pre-apprenticeship programs, like those described in the Green
Jobs Training section, is crucial to growing recruitment networks for green jobs. The CaSE Board suggests
recommending a policy, similarly structured to the IDA Workforce Housing Policy, which requires
developers to either support pre-apprenticeship or job pipeline programs, or hire a target of apprentices
to complete the job.
Our Recommendation With precedent policies in mind, we urge the County recommend IDA require developers
receiving tax abatements to either i) employ at least 10% of the workforce through DOL registered
apprenticeships OR; ii) pay $2 into an existing or launching pre-apprenticeship program (to be
defined by a list produced by the TC Workforce Development Board or another department) for
every $1,000 outlined as the total project cost on the initial project application
○ In order to incentivize participation in the registered apprenticeships, the TCIDA
could provide a small enhanced abatement of $5 for each hour worked by an
apprentice from Tompkins County
The numbers chosen above were based on calculations of the average total project cost size of tax-abated
projects ($17,982,748). If a project with average total project costs pays into the Fund, it would be paying
$35,964 which is substantial enough to support a training program, but likely not sufficiently large to make
a developer walk away from the project.
Project Labor Agreements
Incentivizing the use of Project Labor Agreements on tax-abated projects is a strategic approach to making
green construction jobs safe, reliable and desirable and for attaining our local workforce goals. To specify,
a project labor agreement (PLA) is a project specific job-site “constitution,” drafted before hiring and
bidding has taken place between the owner and building trades.
PLAs promote efficiency, stability and cost savings, while simultaneously protecting workers from safety
violations and diminished labor and living standards. This is because PLAs encourage cost savings through
responsible business practices, instead of cutting corners. PLA contracts often have the opportunity to
negotiate overtime pay, holidays, lunch breaks, and sometimes base wages, which increases the
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desirability of these jobs. Indeed, ensuring green construction jobs are good jobs is a necessary
component of any green workforce strategy, and we encourage the use of PLAs as a smart way to do so.
Developers and owners also benefit from the PLA’s strategic approach to project completion, since
commitment to uninterrupted production (no strikes or lockout) is a required PLA provision. Instead,
dispute resolution procedures are set in advance. In a PLA, potential problems can be anticipated and
avoided. Provisions can be tailored to the specific needs of the project. Since PLAs require hiring to be
completed through union referral, contractors are also easily able to access skilled labor for the project’s
duration. That said, it is worth noting that union referral policies do not make PLAs “union-only”
agreements, since they cannot discriminate against non-union contractors due to competitive bidding
laws. Union halls also are prohibited from discriminating against non-union workers.
Importantly, the widespread use of project labor agreements has played a significant role in the creation
of green jobs throughout the county. Indeed, in the green electrical trades in California, the use of PLAs
has become a main source of the recent growth. In the report, “Environmental and Economic Benefits of
Building Solar in California,” the Labor Center at UC Berkeley noted that because most utility-scale solar
projects in California used PLAs, many contractors agreed to pay into pre-apprentice and certified
apprentice programs.26 This led to the accumulation of $17.5 million in new money for job training
programs, and to the creation of 10,200 jobs in 5 years in the solar sector. The benefits of PLAs therefore
expand to the community and larger workforce.
PLA Project Size Thresholds
While all projects could benefit from the use of PLAs, these agreements are particularly valuable to
projects that are complex and have serious time constraints. These time constraints are mitigated by
thoughtful workflow strategizing and the no strike clauses. PLAs benefit larger-scale projects which
require large workforces, since the PLA union referral system eases recruitment of workers and draws
workers from large networks. They also benefit every project which seeks to promote workforce goals,
which should include every tax abated project.
There is no definitive project-size threshold that can inform whether or not a PLA would generate cost
savings. Feasibility studies are recommended to determine the appropriate project size. Tim Seeler, a
Rochester-based engineer who conducts feasibility studies for PLAs, states that one way to use a feasibility
study is to determine if a PLA for a project can show 2% or greater savings on the cost of labor. According
to Seeler, such studies usually cost about $15,000. While these studies are not necessarily prerequisites
for implementing PLAs, it is commonplace for a developer to hire a qualified consultant, engineer, or
construction manager to conduct them, and such feasibility studies are required on all public projects in
New York State that use PLAs.
26 Peter Phillips, “Environmental and Economic Benefits of Building Solar in California: Quality Careers — Cleaner Lives,” UC Berkeley Labor Center, 2014, https://laborcenter.berkeley.edu/environmental-and-economic-benefits-of-building-solar-in-california-quality-careers-cleaner-lives/.
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PLAs often produce considerable gains on private projects once a project reaches a large enough size
wherein union referral becomes necessary for securing enough workers to complete a project on time.
Nevertheless, PLAs can be advantageous to projects for reasons other than workforce size, such as for
projects with serious time constraints or complicated building procedures.
Importantly, Seeler argues, incentivizing the use of PLAs is not only a good strategy for cost saving
measures, but its project-specific structure also provides another opportunity for attaining workforce
goals and promoting equity that are important to the TCIDA Board. These goals may include mandated
participation in pre-apprenticeship and registered apprenticeship programs, local hiring requirements,
and mandates to hire workers specifically from disenfranchised and underrepresented populations. PLAs
can also privilege minority-owned small business contractors, which contributes to meeting our equity
goals. We urge these factors to be prioritized in a developer’s determination of whether or not to use the
PLA, and encourage the IDA to implement an enhanced abatement should a project choose to implement
a PLA if it demonstrates community and workforce benefits.
In order to identify a reasonable project-size threshold for requiring projects to conduct PLA feasibility
studies, it is important to examine the average and median total project cost for tax-abated projects,
which are $17,982,748 and $7,200,000, respectively. These figures indicate that there are a small subset
of projects that are much larger than the rest, skewing the mean upwards, including Asteri Ithaca LLC at
$108,793,929 and The Ithacan at $64,300,000 and a few others towards $50 million. Thus, it is reasonable
to set this project-size threshold below the mean. The CaSE Board has identified $10 million as a
reasonable threshold for requirement to complete a feasibility study, set towards.27
Implementing a policy where tax-abated projects at or above a $10 million threshold would be required
to conduct feasibility studies for PLAs is a very reasonable and pro-development way to help make green
jobs into family sustaining careers. PLAs could then be strongly encouraged on projects for which the
feasibility studies show a 2% or greater cost savings, as well as projects that bring other considerable
benefits to the County, such as ones which could substantially grow the local workforce through
apprenticeship participation and local hiring as well as reach our equity and diversity targets.
Our Recommendation We urge the County to recommend that TCIDA require developers with projects over $10 million
to conduct feasibility studies on the labor cost savings, and potential workforce benefits of the
use of Project Labor Agreements. Should a project’s PLA feasibility study demonstrate labor cost
savings, apprenticeship participation, local or priority population hire benefits, the TCIDA would
strongly urge the developer to use the PLA. Should the developer use a PLA where cost savings
are not shown, the TCIDA would give the developer a small enhanced tax abatement to support
the use of the PLA.
27 “TCIDA Projects,” Tompkins County Industrial Development Agency, accessed November 9, 2020, http://www.tompkinsida.org/projects/.
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Further Data Collection
The CaSE Board sees a critical need for setting a target number for placing unemployed County residents
into green jobs. According to the Tompkins Workforce Development Board, they have yet to calculate the
actual number of County residents out of work, which is necessary data for developing and executing a
strategy to restore the low unemployment levels of 2019. While the CaSE Board is not going to be taking
on further data collection, we urge the County to understand the current unemployment number, and to
include the number of people in surrounding counties who previously commuted into the Ithaca
Metropolitan Statistical Area to work. Based on total unemployment, we may then suggest a percentage
to set as a target for green jobs the County seeks to create and fill. This goal can then guide the TC
Workforce Development Board’s Workforce Strategy and the County’s Energy Strategy through a target-
based approach.
Additionally, the CaSE board would like to see expanded and current lists of local employers in clean
energy, green workforce stakeholders, and available funding for green workforce development. While
preliminary lists are shown below, they require more in depth research to complete. When complete, the
CaSE board recommends the County publish the information on the Tompkins County and Tompkins
Workforce New York Websites.
Conclusion This report intentionally dives into detail on the first steps necessary to kickstarting a strong green
workforce strategy. It by no means explores every necessary action that the County can take to advance
the green workforce, and we suggest the County revisit its green jobs workforce strategy upon completion
of the recommended actions. Future longer term initiatives should focus on the indirect creation of jobs
through growth of green industry, ways to improve the local quality of living to drive the local economy,
and certain industries we have not yet discussed in our report: transportation, manufacturing, and clean
energy production. Some of these longer term initiatives are explained in the Appendix Section D of the
report.
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Appendix
A. Local employers in clean energy (not a complete list)
Name Description of Organization Current/past Workforce Activities
ETM Solarworks (Broome County)
Solar and energy storage contractor Tier Energy Network Workforce Development Committe
Finger lakes Renewables Solar Energy (solo practitioner)
Solar and energy storage contractor
Halco Energy (serves 12 counties)
HVAC, solar, weatherization contractor Has partnered with Monroe Community College to offer certificate programs and hire grads
HVAC contractors Large and small mechanical contractors in the County City of Ithaca list of HVAC contractors with contact info - over 50 firms and practitioners doing business locally
Performance Systems Development
Energy efficiency program design, management & evaluation for utilities and government agencies
Snug Planet Weatherization, HVAC contractor Collaborating with HeatSmart Tompkins on heat pump training
Sungineer Solar (solo practitioner)
Solar and energy storage contractor
Taitem Engineering Energy engineering and analysis; design engineering; policy and program development and support
Hires interns
Invenergy, Ithaca Office Global power generation company developing wind farms in the Southern Tier
Nationally has had a focus on training veterans
Cornell University Facilities and Campus Services
Employs building automation technicians, energy managers, mechanical and electrical technicians
Ithaca College Office of Facilities
Staff maintain electrical, mechanical, HVAC/R systems for buildings and events and provide technical support to institutional goal of carbon neutrality by 2050
Dept goals include to enhance training opportunities for Facilities employees
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B. Workforce Stakeholders in Tompkins County
Stakeholders which are or could be engaged in clean energy workforce training and development in Tompkins
County and the Southern Tier region include educational institutions, government agencies, non-profit
organizations and commercial and trade associations. The following provides an overview, and an attached
spreadsheet lists contact information as of August 2020.
Name Description of Organization Workforce Role (current or prospective)
Current Activities related to clean energy workforce
Tompkins Cortland Community
College
Community college offering credit and
noncredit education
Recruitment,
training, placement,
support
Tompkins Workforce NY Career Center
Government (County and State) - Public
employment services
employment services
Tompkins County Area Development
Independent Agency - Accredited
Economic Development Organization
Economic
development,
incentives through
the IDA
Youth Employment Service Government - City of Ithaca agency
serving youth aged 14-21 seeking jobs
in Tompkins Co.
Training; placement;
support
Tompkins Workforce Development
Board
Government - Tompkins County
department
develop and
coordinate workforce
strategies and
policies
Tompkins Community Action Non-profit weatherization agency
serving LMI households
Cornell Cooperative Extension of
Tompkins County
Energy Extension Educators Training Energy Warriors Green Career
Pathways program for incarcerated
youth
Sunrise Movement Ithaca Youth-led political advocacy
Recruitment and
support
co-facilitating community
conversations around the Ithaca
Green New Deal framework
Challenge Workforce Solutions Nonprofit creating pathways to
employment for people with disabilities
or barriers
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Name Description of Organization Workforce Role (current or prospective)
Current Activities related to clean energy workforce
Tompkins Community Action Nonprofit delivering weatherization for
LMI households
On the Job training
Get Your Greenback Tompkins Nonprofit leading campaigns for
sustainability and local empowerment
Training of volunteer
Energy Navigators
Researching best practices for job
training programs for people with
employment barriers (e.g. formerly
incarcerated) in the fields of energy
efficiency and renewable energy
Sustainable Tompkins Nonprofit
NYS Weatherization Directors
Association
Nonprofit with comprehensive Training
Center in Syracuse
advanced training for
building science and
sustainable
construction
practices
HeatSmart Tompkins/
Solar Tompkins
Nonprofit, market Training NYSERDA-funded HVAC training
program
Building Bridges/TFC
Associates/Dorothy Cotton
Institute
Nonprofit Recruitment and
support
co-facilitating community
conversations around the Ithaca
Green New Deal framework
Tompkins Seneca Tioga BOCES
School - Serves 9 school districts with
shared services, both educational &
operational
Recruitment,
training, placement,
support
PTECH Academy (Gr 9-AAS degree) for
adv mfg & comp sci
Ithaca City School District and all
other Districts in the County
Schools Recruitment, training
Building Performance Contractors
Association of NYS
Trade Association; Executive Director is
Tompkins Co. resident
International Brotherhood of
Electrical Workers and other trade
unions
Trade union Training, placement,
support
Apprenticeship programs
Learn@EcoVillage Ithaca Education non-profit based in a
residential community built around
renewable energy, sustainable
agriculture and neighborhood
cooperatives
Training Resilient Earth Corps immersion and
internship programs.
Interest in hosting green building
training
Ultimate Reentry Opportunity Non-profit to support citizens returning
from incarceration
Training
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Name Description of Organization Workforce Role (current or prospective)
Current Activities related to clean energy workforce
Finger Lakes Reuse Center Non-profit Training ReSET (Skills and Employment
Training) Program for people with
barriers to employment
Bike Walk Tompkins Non-profit organization promotes
active transportation- biking and
walking- in Tompkins County
Bicycling for Everyone action plan
TCAT Private Nonprofit organization- Ithaca
bus transit system
Green Employer
Tompkins County Climate
Protection Initiative
Environmental Consultant - a clean
energy coalition of local community
leaders who are committed to the
reduction of greenhouse gas emissions,
greater energy efficiency, and the
adoption of renewable energy
IC Sustainability Launching Campus to
Community Program, HeatSmart
Tompkins Campaign,
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C. A Vision for Long Term Strategy Focus on R&D, prototyping, high tech, and small manufacturing. Economic development agencies
throughout the US routinely engage in ‘smokestack chasing’, doling out tax breaks and other corporate
welfare to attract large-scale industry. For Tompkins County, this couldn’t be a worse strategy. Since its
founding, Ithaca has been ‘transportationally challenged’, which is why it never developed into a
manufacturing center like Syracuse or Rochester. Currently we have only one southbound rail link, and
we have no convenient connection to the Interstate highway system. Getting large quantities of raw
materials in and goods out will be difficult for our ‘centrally isolated’ community. Building new rail
infrastructure to serve a large manufacturing base is an important long term goal, but its absence should
not impede the development of small-scaled manufacturing in the interim. For now, TC should focus on
development of activities that can be accommodated with our current transportation infrastructure,
including R&D and small-scaled manufacturing. The presence of Cornell has contributed to local R&D and
small startups, and the County should continue to support this activity. The manufacture of small-quantity
high-value goods, especially green technologies, that can be easily shipped by truck or air is also a good
fit for TC. If a manufacturing facility is pollution free it should be located in the City of Ithaca or in other
TC population nodes. Lastly, rather than ‘importing’ companies from elsewhere, we should be ‘growing’
clean energy companies locally, creating a business climate that keeps startups here as they grow.
Housing affordable to job holders. Few will take jobs here if other areas have comparable job
opportunities and are less expensive to live in. An expansion of job opportunities without an expansion in
housing opportunities could actually negate the ‘green-ness’ of green jobs because of the energy used
and emissions generated from commuting, assuming the jobs are filled in the first place.
Many green jobs involve decentralized ‘on-site’ work, meaning that workers will be less able to perform
their jobs if they rely solely on mass transit to get to work. For example, workers living outside Tompkins
County but working in a solar panel manufacturing plant could conceivably take the bus to work if the
factory is on a bus route, however if their homes are not on a bus route, transit is not an option. If they
need to go to a different site each day, even if they live on a transit route, they won’t take transit because
their destination changes daily. The best strategy to deal with this transportation issue is to get these
green job holders to live inside the County, to reduce the commutes of those engaged in on-site work,
and to increase the probability that transit can connect those who work in a single location to their homes.
Investing in Transportation. Another avenue for job creation that goes hand in hand with affordable
housing is the investment in transit projects. According to Cornell Worker’s Center’s Lara Skinner,
investing one dollar in these projects yields a four dollar return, enabling residents transportation options
at lower carbon costs and creating an influx of jobs to both build and manage transportation options. With
TCAT committed to transitioning its fleet to 100% electric, now is the time to lobby the state for further
investment in rapid bus transit and the revitalization of our forgotten rail lines. Potential financing
mechanisms could include a carbon tax, a wealth tax on our NY state’s billionaires, a financial transaction
tax to reign in speculators that destabilize our financial markets. Making the case for TC’s persistent and
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urgent transportation needs, given our unique topography and our existing investment in TCAT, could
encourage the state to invest in more than just the MTA when it does finally create a transit investment
plan associated with the CLCPA.
Worker Owned Cooperatives. Finding ways to encourage worker ownership in the clean energy sector
could help empower workers, which would in turn draw new workers to the green industries. This could
also help bridge the gaps in unionization in the clean energy fields, by providing a pathway for worker
empowerment that makes sense in small-scale retrofit work. There are many ways municipalities have
incentivized worker ownership, including through preferential procurement, business tax and land use
incentives, changing the business permit application to allow registration as a worker cooperative, or
through the creation of a publicly funded cooperative loan fund or by distributing funding to technical
assistance programs that create new worker cooperatives. There is likely opportunities for IAED to support
an initiative like this down the line.
Power Supply. Businesses and individuals would benefit from reliable, renewable, and lower cost
electricity. Manufacturers who might rely on gas for high-heat processes will need access to more
electricity as they transition away from gas. In addition, being able to isolate the County from large scale
power outages with a network of microgrids would benefit everyone. Building new power production
facilities is a large source of direct green jobs, so a priority should be placed on creating local generation
capacity, rather than importing electricity, as demand inevitably increases due to the electrification of
transportation and the transition away from gas heating. Reducing costs through Community Choice
Aggregation or public ownership of our utilities should be pursued.
County health care plan. Health care is a huge cost for businesses and workers alike, depending on the
structure of a health plan. Workers often resist re-training, changing jobs, or starting their own businesses
because they fear losing the health care they have. Businesses may have employees work more overtime
instead of hiring an additional worker because of the added health care cost of a new employee. Short of
a national or NYS universal health care program, TC might explore a large health care plan that covers ALL
residents, businesses, and workers in TC. Imagine how low the premiums would be for a group plan with
over 100,000 members. If only one option was offered (i.e. 100% coverage for everything, period) the
administrative burden for businesses, institutions, government, and doctors would be significantly
reduced. The presence of Cornell and IC is an advantage because such a large block of the County’s
residents and workers are already covered by their current programs. Merging and expanding their health
care into a larger system would benefit both institutions and the community at large. This suggestion is
not for a County funded system, but for a County led effort to create a large group plan with a private
insurance company, likely re-negotiated every few years.
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D. List of Interviewees
1. Aloja Airewele Cornell Cooperative Extension
2. Karim Beers Cornell Cooperative Extension
3. Natalie Branosky Tompkins Workforce
4. Jon Harod Snug Planet, Owner and Founder
5. Brian Eden Heatsmart Tompkins, Board Member
6. Brian LaMorte CEO, LaMorte Electric
7. Todd Bruer Business Manager IBEW Local 241
8. Mike Dundon Laborers Local 785
9. Kirby Edmonds Dorothy Cotton Institute, Training for Change
10. Adele Ferranti NYSERDA Workforce Development Program Manager
11. Carl Feuer Tompkins County Workers Center
12. John Guttridge Developer, Tompkins County IDA
13. Steve Harvey Bricklayers Local 3 NY
14. Alex Hyland IBEW Local 241
15. Anna Kelles Member Elect, New York State Assembly
16. Fred Kotler Government Relations Advisor ILR Cornell
17. Anne Koreman Tompkins County Legislator, Tompkins County IDA
18. Dave Marsh Laborers Union Local 785
19. Travis Nevis Painters and Allied trades DC 4
20. Barbara Reer SUNY Ulster Workforce, Career, Apprenticeship Initiatives
21. Anne Rhodes Cornell Cooperative Extension of Tompkins County
22. Scott Stringer Bricklayers Local 3 NY
23. Arthur Wheaton Workers Institute ILR Cornell
24. Marcus Williamee Plumbers and Steamfitters Local 267
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E. References
Anderson, Kurt. “Tompkins County IDA Local Labor Subcommittee: Local Labor Report.” Tompkins
County Area Development. 2020.
“Application for Assistance.” County of Monroe Industrial Development Agency. 2020.
https://monroecountyida.org/wp-content/uploads/COMIDA-Project-Application-20-1.pdf.
“Application for Benefits.” Onondaga County Industrial Development Agency.
https://www.ongoved.com/assets/Uploads/files/downloadablefiles/OCIDA-Application-Edited-
1-24-20-web.pdf.
“Application for Financial Assistance.” Genesee County Economic Development Center. 2016.
http://www.gcedc.com/application/files/1715/4047/6740/GCEDC.Final_application_new_pricin
g_policy.2018.pdf.
Associated Builders and Contractors LLC v. City of Jersey City, No. 15-3166 (3rd Cir. 2016).
Cha, Mijin and Skinner, Lara. Reversing Inequality, Combating Climate Change: A Climate Jobs Program
for New York State. The Worker Institute, ILR School. 2017.
https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1064&context=reports.
“Cornell Cooperative Extension of Tompkins County Energy Warriors Program Guide 1-10.” 2020.
“The Curriculum.” Roots of Success. Accessed November 9, 2020.
https://rootsofsuccess.org/curriculum/.
Bender, Dean, “IDA Works with Building Trades to Create Pre-Apprenticeship Program for Yonkers”
Residents § (2018). Accessed November 9, 2020. https://yonkersida.com/wp-
content/uploads/2019/10/P2A-Yonkers-IDA-launches-pre-apprenticeship-program-FINAL-
VERSION-7-9-18.pdf.
“Direct Entry.” New York State Department of Labor. Accessed November 9, 2020.
https://www.labor.ny.gov/apprenticeship/direct-entry.shtm.
“Explore Pre-Apprenticeship.” Apprenticeship.gov. Accessed November 9, 2020.
https://www.apprenticeship.gov/employers/explore-pre-apprenticeship.
Garcia, Ernie. “Yonkers' labor union jobs program a 'dismal failure.” December 20, 2018.
https://www.lohud.com/story/news/local/westchester/yonkers/2018/12/20/yonkers-job-
program-dismal-failure/2312830002/.
“IDA Documents and Policies.” Cayuga County Industrial Development Agency. Accessed November 9,
2020. http://cayugacountyida.org/documents.
“Local Access Policy.” Chemung County Industrial Development Agency. 2018.
http://chemungcountyida.com/wp-content/uploads/2018/07/CCIDA-Local-Access-Policy.pdf.
“Local Labor Workforce Certification.” Erie County Industrial Development Agency. 2013.
https://www.ecidany.com/documents/ECIDALocalLaborPolicy.pdf.
“Local Workforce Utilization Policy.” Dutchess County Industrial Development Agency. 2020.
https://thinkdutchess.com/wp-content/uploads/2020/01/IDA-Local-Workforce-Utilization-
Policy-v3.pdf.
“Measuring Green Jobs.” U.S. Bureau of Labor Statistics. 2013. https://www.bls.gov/green/#definition.
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Phillips, Peter. “Environmental and Economic Benefits of Building Solar in California: Quality Careers —
Cleaner Lives.” UC Berkeley Labor Center. 2014.
https://laborcenter.berkeley.edu/environmental-and-economic-benefits-of-building-solar-in-
california-quality-careers-cleaner-lives/.
Tompkins County Energy Roadmap: Evaluating Our Energy Resources. Tompkins County Planning
Department. 2016. https://tompkinscountyny.gov/files2/planning/Energy-
greenhouse/Energy%20Roadmap%20All.pdf.
“Tompkins County Energy Strategy.” Tompkins County Planning Department. 2019.
https://tompkinscountyny.gov/files2/planning/Energy-Strategy-adopted_08-06-19.pdf
“TCIDA Projects.” Tompkins County Industrial Development Agency. Accessed November 9, 2020.
http://www.tompkinsida.org/projects/.
“What is a green job?” International Labor Organization. 2016. https://www.ilo.org/global/topics/green-
jobs/news/WCMS_220248/lang--en/index.htm.
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Planning, Energy, and Environmental Quality Committee Meeting: 06/28/21 01:30 PM Governor Daniel D. Tompkins Building Department: Clerk of the Legislature
Ithaca, NY 14850 Category: Environmental
DOC ID: 10214
REPORT OR DISCUSSION ITEM NO.
(ID # 10214)
Page 1
Comments to the New York State Department of Environment Conservation (NYSDEC)
from the Tompkins County Legislature
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COMMENTS TO NYDEC FROM THE TOMPKINS COUNTY LEGISLATURE
CONCERNING PROPOSED NEW REGULATIONS REGARDING METHANE AND VOC EMISSIONS FROM THE OIL AND GAS SECTOR
As discussed and unanimously accepted at the June 9, 2021 meeting of the Tompkins County Climate and Sustainable Energy Advisory Board.
The Tompkins County Legislature lauds the DEC for proposing changes to Chapter III of 6 NYCRR with the objective of reducing emissions of VOC’s and methane from the oil and gas sector. These changes are overdue and consistent with the science on climate change as recently emphasized by the IPCC and also with the objectives of both the CLCPA and Tompkins County’s climate action goals.
We submit comments concerning these proposed changes herein with respect to this science and these objectives.
1.0 General Comments
There are many instances of measures to reduce emissions not being required until January 1, 2023, for examples among many, for storage vessels (203-2.1 et al.), centrifugal (203-4.3 (b)) and reciprocating (203-4-3 (b)) compressors and for natural gas-actuated pneumatic devices and pumps (203-2.2). There are also instances where time allowed for repairs is either too long or inconsistent. An example of the former is (203-4.3 (f)) wherein “…if parts are not available to make the repairs, the wet seal shall be replaced with a dry seal no later than eighteen (18) months after the exceeding measurement is made…”; examples of the latter are an allowance of 12 months in one case (203-4.3 (h)) and 30 days in another (203-4.3 (e)). We appreciate that some measures to reduce emissions and some repairs will cost more and take longer than others; however, reduction in emissions is long overdue and the constraint on limiting methane emissions is especially important now.
It is now acknowledged by the IPCC (IPCC Special Report on Global Warming of 1.5 C, http://www.ipcc.ch/report/srIS/) that the reduction of short-lived GHG’s, especially methane, is crucially important now to increase the probability of avoidance of a 1.5 C increase in global warming over the next decade. It is therefore recommended that deadlines for installing new equipment or repairing faulty equipment be accelerated by at least 6 months, i.e. to July 1, 2022 for new measures, and to 6 months for required repairs with a proposed 12 month grace period.
There are also numerous provisions applying to sources with a potential to emit of 6 tons per year (tpy) of VOC’s or an emission rate of 6 or 3 or 2 standard cubic feet per hour (scfh) of VOC’s or methane. We question these seemingly arbitrary thresholds If these are attempts to conform to business as usual with respect to existing state or federal practice, for example the Environmental Protection Agency’s (EPA) 2016 Control Techniques Guidelines, then we strongly suggest that DEC exert leadership and connect reduced thresholds to milestones in planned GHG reductions demanded by the CLCPA. Will emissions at these rates hinder our meeting those milestones?
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As noted in the well-written Regulatory Impact Statement Summary, “The proposed requirements are expected to reduce CH4 and VOC emissions from the oil and natural gas sector in New York State.” We appreciate the effort-to-date involved is producing Table 1 and the impact it will have on the public when it sees the significance of the reductions in methane. There should be a caption associated with this table that notes that, although 100-year CO2e figures are shown, the proposed regulations conform to the CLCPA mandate to use the 20-year CO2e figures. The table lacks an entry for a current estimate for statewide VOC emissions; Table 1 of the Regulatory Impact Statement does show an entry for latest inventory of VOC emissions.
2.0 Compressor Stations and Transmission Pipelines
Part 203-4.5 is only applicable for planned blowdowns from compressor stations and pipelines of greater than 10,000 standard cubic feet (scf). We again question how this seemingly arbitrary threshold was chosen. It would seem that the total methane emission in the state from such blowdowns is the important number and it can be accurately calculated since DEC has a record of the number of compressor stations and now requires a notice of planned blowdowns at both compressor stations and transmission pipelines. We again emphasize that the CLCPA mandates an accurate inventory of emissions statewide and thresholds enforced by the proposed regulations should conform to accuracy required in the inventory and to the statewide emission reduction milestones.
Parts 203-4.5 and 4.6 require only an “estimated volume of release” from planned and unplanned blowdowns and from pigging. The CLCPA requires accurate GHG emission inventorying which, in turn, requires not estimates but accurate measurement and reporting of releases from such events. Such measurements are well within current technical capabilities of operators. There are many instances in the proposed regulations where use of calibrated flow measuring instruments is required. We suggest making use of such equipment mandatory in all instances where planned releases will occur, e.g. blowdowns and pigging.
3.0 Leak Detection Monitoring Techniques
Under Part 203-7.1 (b) it should be mandatory that operators opting to comply with LDAR mandates using OGI must guarantee that personnel using OGI be certified in its use.
Under 203-7.3 Repair of Leaks, it is written that “…leaks shall be repaired within thirty (30) days of identification unless one of the conditions of 207-3(f) apply”. We suspect that reference to 207-3(f) is an error. Perhaps the reference should be to section 203-9, Feasibility and Safety, wherein there are 5 circumstances under which a repair can be delayed. If repair or replacement is delayed for any such circumstance, then once again for the purpose of following the CLCPA requirement for accurate inventorying, accurate measurement or calculation, not estimation, of methane emissions from the leak source must be made and reported for the duration of the delay. In the case of wellhead leaks from producing oil and gas wells, this delay could be many months or years. In a recent paper Ingraffea et al. (Reported Methane Emissions from Active Oil and Gas Wells in Pennsylvania, 2014-2018. Environmental Science & Technology, 2020,
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https://doi.org/10.1021/acs.est.0c00863) determined that total methane emissions from producing oil and gas wells in Pennsylvania can be a very significant source and that such leaks follow the now well-known super-emitter distribution. We appreciate that the possibility of super-emitter wells existing in NYS is acknowledged in the proposed Regulatory Impact Statement. An expected result of enforcement of the proposed regulations is the identification of super-emitters among the approximately 10,000 active oil and gas wells in the state. There should then be minimal delay in repair or, if necessary attempted plugging of such wells.
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