New York oat production projected to fall almost 8 percent this year, per August forecast

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New York farms are predicted to have produced 2.43 million bushels of oats in 2024, down 7.9 percent from 2.64 million bushels last year, according to an Aug. 12 report from the USDA National Agricultural Statistics Service (NASS). Yield per acre for oats in New York state is estimated at 64 bushels this year, up […]

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Syracuse mayor appoints Lead Paint Program coordinator

Energy, Environment & Sustainability, Subscriber Only

SYRACUSE — Syracuse Mayor Ben Walsh recently announced Mujahid Muhammad as Lead Paint Program coordinator for the City of Syracuse Division of Code Enforcement. In this position, Muhammad will manage the city’s Lead Paint Program and provide oversight of lead code violations under the requirements set by the Lead Abatement and Control Ordinance. His responsibilities

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State helps Concord grape farmers hurt by April freeze

Energy, Environment & Sustainability, Subscriber Only

The New York State Department of Agriculture and Markets is issuing a crop-loss determination to help grape farmers impacted by the frost/freeze event in late April. The designation will allow duly licensed farm wineries to manufacture or sell wine produced from grapes grown outside of New York state, State Agriculture Commissioner Richard Ball announced Aug.

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The New York State Department of Agriculture and Markets is issuing a crop-loss determination to help grape farmers impacted by the frost/freeze event in late April.

The designation will allow duly licensed farm wineries to manufacture or sell wine produced from grapes grown outside of New York state, State Agriculture Commissioner Richard Ball announced Aug. 20.

The disaster declaration is based on reporting of crop loss from the Cornell Lake Erie Research and Extension Lab at Cornell AgriTech. It found that more than 40 percent of the Concord variety of grapes grown or produced for winemaking in New York were destroyed during the 2024 crop year and was caused by the frost/freeze event back in April.

The staff at the Cornell Lake Erie Research and Extension Laboratory have been working with the growers and processor representatives to assess the crop damage since early this spring, the department said.

Cornell AgriTech projected a 60 percent crop loss to Concord vineyards in the New York portion of the Lake Erie production region, which translates to about 46 percent to 51 percent Concord crop loss in all of New York state, per the department’s announcement.

Farm wineries licensed by the New York State Liquor Authority may file an application with the Department of Agriculture and Markets to be considered to manufacture or sell wine produced from out‐of‐state grapes or juice for the above varieties.

Farmers must demonstrate that they have been unable to obtain the desired varietal(s) in the quantity needed from at least three New York State grape growers that grow the impacted varietal(s).

Farm wineries can apply for the exemption at the department’s website. The deadline to apply for the exemption is Oct. 31. For the department to consider your request, farmers must complete and return the application by Oct. 31, it noted.

The Department of Agriculture and Markets will be hosting an industry-wide webinar on Sept. 10 at 1 p.m. to provide information on the application process and to answer any questions farm wineries may have. The link to the webinar is also available on the department’s website.

“This latest freeze event left our grape growers and farm wineries struggling with the potential of not having enough New York-grown grapes to maintain their farm winery license and thereby maintain their markets,” Ball, commissioner of the New York State Department of Agriculture and Markets, said in the announcement. “By issuing this declaration, we’re taking immediate action to help our farm wineries recover from the freezing temperatures experienced in April and allow them to focus on preparing for next year’s growing season. We encourage any impacted farms to take advantage of this respite and to continue to report losses to lessen the impacts of this damaging severe weather event.”

New York is the third-largest grape producer and the third-biggest wine producer in the country, the Department of Agriculture and Markets said. It cites the New York Wine & Grape Foundation as indicating these growers generate a $6.65 billion economic impact for New York state. The state has 471 wineries, growing a variety of grapes on 35,000 acres.

VIEWPOINT: NYSDEC Seeks Feedback on the Part 664 Freshwater Wetland Regs

Business Mentors, Energy, Environment & Sustainability, Subscriber Only

In January 2024, the New York State Department of Environmental Conservation (DEC) released an Advanced Notice of Proposed Rulemaking (ANPR), which sought written stakeholder input as DEC began to develop regulations to, at least in part, implement the revisions to the Freshwater Wetlands Act passed by the legislature and signed by Gov. Hochul in 2022.

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On July 10 of this year, DEC released for public comment its Proposed Rulemaking for Potential Revisions to Freshwater Wetland Regulations. While the proposed regulations provide ample opportunity for expanded protections of wetlands, they also expand wetland jurisdictions throughout New York state.

Additional wetland protections

It is the policy of New York State to preserve, protect, and conserve freshwater wetlands, and regulate the use of wetlands to secure the natural benefits. Freshwater wetlands can cleanse water within a system by filtering out natural and manmade pollutants. Regulation of wetlands is key in ensuring the benefits of freshwater wetlands.

The proposed regulations expand the scope of DEC’s jurisdiction over wetlands throughout New York state. This expansion has the potential to expand DEC’s authority to include potentially hundreds of smaller freshwater wetlands that were not previously within DEC’s jurisdiction. This expansion will be seen implemented through several routes. First, starting on Jan. 1, 2028, the minimum threshold for regulated wetlands will decrease to 7.4 acres. This is significantly smaller than the existing threshold of 12.4 acres. Second, wetlands of unusual importance will also be included within the DEC’s jurisdiction. To qualify as a wetland of unusual importance, a wetland will only need to meet one of 11 identified characteristics.

The expansion of DEC’s authority will allow for additional protection and preservation of wetlands across New York state. This expansion could affect potential development projects, and the costs associated with those projects because of additional mitigation implications.

90-day jurisdictional determinations

The proposed regulations provide that the DEC shall provide a jurisdictional determination or a determination that a proposed activity requires a permit within 90 days of receipt of a request. However, this is not a definite period. The proposed regulations provide that DEC can extend this period due to weather or ground conditions.

In New York state, it is likely that delay will occur between October and March when there is potential for snow cover. Delay due to weather conditions may extend the jurisdictional period well beyond the 90-day timeframe. This can lead to further delays in permitting projects. Once a determination is issued, an applicant may be required to apply for a general permit pursuant to 6 NYCRR Part 663 or, where a negative determination is issued, this may be used to provide a defense — a positive determination for a period of five years from the date the DEC issued the negative determination.

Wetland of unusual importance

Jurisdictional determinations are made based on DEC analysis of several factors, which are laid out in Proposed Section 664.5. Freshwater wetland or wetland also includes any lands and waters smaller than 12.4 or 7.4 acres that are of “unusual importance” as determined by the DEC pursuant to the 11 characteristics noted in Proposed Section 664.6. The characteristics include, but are not limited to, significant flooding, rare plant, rare animals, vernal pools, and floodways. The regulations define some characteristics, but not all. A wetland need only possess one characteristic in order to qualify as a wetland of unusual characteristics subject to DEC jurisdiction.

Application of this standard will lead to smaller wetlands being classified as jurisdictional wetlands. While this classification system will lead to the protection of additional wetlands, it can also increase responsibilities for both the DEC and applicants due to the increased number of jurisdictional wetlands. DEC and applicants may be required to adjust their existing practices in order to implement the new regulations. In addition, both DEC and applicants will be required to work together to clarify the regulatory standards.

Potential implications

While the regulations expand wetland protections, they also create potential confusion surrounding the wetland-delineation process. The proposed regulations provide 11 characteristics to classify wetlands. However, they do not clarify all the applicable standards DEC personnel will use to evaluate these standards. While one goal of the proposed legislation is to create a more uniform system, the regulations will not aid in making the system predictable. One additional implication is delay in project completion. While there is a 90-day timeframe for delineations, this period can be extended by DEC. The extension of a delineation period may result in a project proponent missing other agency mandated deadlines.

Future steps

Comments on the proposed regulation must be submitted in writing and must be received by the close of business on Sept. 19, 2024. Public hearings on the proposed regulations are scheduled virtually on Sept. 10, and in person on Sept. 12.

Julia A. O’Sullivan Poarch is an associate attorney in the Buffalo office of the Syracuse–based law firm, Bond, Schoeneck & King PLLC. She assists clients in assessing environmental projects, including reviewing and preparing materials for New York State Brownfield Cleanup Program applications, 94-C Renewable Energy projects, and energy storage projects, and more. Contact her at josullivan@bsk.com. This article is drawn from the law firm’s website.

OPINION: Expanding Broadband is Critical for Education

Opinion, Subscriber Only

And also for the economy, health care, and infrastructure About 30 years ago, home internet access was for a select few, but today, reliable high-speed internet is an essential part of modern-day communication, education and economic growth. Broadband access helps us connect with others, it offers endless amounts of new information, allows businesses to prosper,

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And also for the economy, health care, and infrastructure

About 30 years ago, home internet access was for a select few, but today, reliable high-speed internet is an essential part of modern-day communication, education and economic growth. Broadband access helps us connect with others, it offers endless amounts of new information, allows businesses to prosper, and so much more. We saw the true benefits of high-speed broadband during the pandemic when people worked remotely and conducted business as usual during our nation’s most unpredictable times.

Just recently, the U.S. Department of Commerce approved $664 million for New York State to expand broadband to areas where it is currently lacking, also known as the Broadband Equity, Access and Deployment (BEAD) program. The goal is to improve affordability and provide broadband at every residence and business in the state by 2030 and expand rural cell-phone coverage every year between 2025 and 2030.

A 2021 analysis by the State Comptroller’s Office found that more than 1 million New York households did not have access or a subscription to home broadband services as of 2019. The report also found that New Yorkers aged 65 and older and those with low educational attainment did not have broadband subscriptions — placing these individuals at a disadvantage as they are unable to attain information and resources that are readily available to those with internet access.

Consider the educational component alone. If you are a parent, you want what’s best for your child in terms of opportunities. Internet access allows students to have a vast amount of information and resources at their fingertips, it enables students to collaborate with their peers and teachers from different locations, and most importantly, it levels the playing field for students from underprivileged backgrounds, providing them with equal opportunities to learn and succeed.

Additionally, a Brookings Institution study found the economic outcomes of investing in broadband cannot be underestimated. Increasing access to broadband infrastructure in rural areas leads to higher property values, increased job and population growth, higher rates of new businesses, and lower unemployment numbers. Broadband expansion also offers access to remote health-care providers and gives people the chance to apply for government assistance, offering those individuals a better quality of life.

The Assembly Republican Conference has been in full support of broadband expansion. Last year, Assemblyman Robert Smullen organized five rural-equity forums, which in part focused on growing access to broadband and increasing cell coverage to all parts of our state. From these forums, our conference created the Regional Broadband Expansion and Access Program (A.4686) to decentralize the current “New NY Broadband” process and allow localities to work together and design regionally based plans to ensure internet access to every person in their designated area. As the COVID-19 pandemic has ushered in a new “remote world,” where the economy and our health care/education systems are dependent on a reliable broadband infrastructure. We have seen New Yorkers struggle to attain reliable internet access; our proposal would put the power back in the hands of localities that understand their own regions better than Albany–based state agencies and would increase access to remote-based employment, education, and health services that are a part of the post-pandemic world.

Regardless of your location or socioeconomic status, broadband access means more opportunities for New Yorkers; more opportunities for students to succeed, for businesses to prosper, and for our economy to grow. Broadband access is necessary for society to thrive.

William (Will) A. Barclay, 55, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties.

OPINION: Elections Are a Dialogue

Opinion, Subscriber Only

We’re almost to Labor Day and what is traditionally considered the heart of election season. It’s the moment, according to political lore, when most Americans start paying attention to electoral contests. This may or may not be true, but here’s one thing I think we can count on: This is when politicians seeking office are

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There is a widely held belief that campaigning is a one-way street: Candidates for office tell us what they think, and voters either reward or punish them. It’s easy to see why so many people see campaigns that way. Candidates give stump speeches, flood the airwaves and online media with advertising, sometimes hold debates during which they try to sway undecided voters, and in general are a ubiquitous presence in the run-up to voting. They fight for the media’s attention.

So, campaign coverage often makes it seem as though voters themselves are an after-thought or, at best, a backdrop — unless something unusual happens as a politician is out campaigning. But let me assure you, however voters are portrayed by the media, they are anything but an after-thought to a politician stumping for office.

I’m not just talking about polling here. Yes, an aggregate picture of what’s on voters’ minds does matter to candidates and their advisers. But so does what they hear from voters as they’re out on the hustings — in the VFW or union halls, at community suppers, stopping by diners, and walking around county fairs. Good politicians want to know what’s on their potential constituents’ minds. It helps them calibrate their own thinking, develop campaign strategies, and, in an ideal world, become better representatives.

And there’s no question that people have a lot on their minds. Crime, immigration, the border, the economy, education, climate change, abortion, overseas conflicts — most voters possess a broad array of concerns. The best politicians understand that public sentiment is usually nuanced, and that to strike a posture that all is rosy or that all is lost rarely fits with voters’ beliefs and experiences. The world is more complicated than that, and so are voters’ agendas.

To be sure, there will always be voters who care about a single issue more than any other. This year, as in the past, abortion and abortion rights appear to be big motivators for some people — especially since several states will have measures on the ballot focused on the issue. Similarly, I have no doubt that, after several years of increasingly damaging extreme weather, climate change will be top-of-mind for others.

There will be other important concerns. For some voters, it will be personal safety; for others, a sense that the borders are secure. For still others, it’ll be education. I think we can expect voters to pay attention broadly to whether inflation is, in fact, coming down and to any signs of an economic slowdown. And while foreign policy often takes a back seat to domestic concerns, for presidential and congressional candidates this year, I suspect voters will be looking closely at what they say about the U.S. role in a world riven by conflict.

It’s true that sometimes, voters care less about public policy than they do about intangibles. I’m convinced, for instance, that likability matters a great deal when voters step into the polling booth, and though it might not override everything else, I’d argue that candidates who are positive, constructive, forward-looking, and make us feel hopeful will always have a leg up over their opponents. Similarly, I’m convinced that Americans on the whole prefer candidates who display a basic sense of decency, who show compassion for others who are struggling, and who show that they understand the concerns of ordinary people.

Yet wherever your own focus lies, this is the time when politicians at every level are listening. Even candidates who might not agree with you are still paying attention — as long as your interactions with them remain civil. So if you have a chance to hear candidates for Congress or your state legislature, give them a chance to hear what’s on your mind, too.

Lee Hamilton, 93, is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at the IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years (1965-1999), representing a district in south-central Indiana.

Utica drone company finishes successful investor campaign

Employee Benefits & Human Resources, Insurance & Financial Services, Mohawk Valley, New York News, Small Business, Sports, Entertainment & Tourism, Technology

UTICA, N.Y. — A Utica–based startup has successfully completed a seed-funding round, netting investments that will help accelerate the development and deployment of its product,

New York posted record tourism numbers last year, governor says in State Fair visit

New York News, Featured, Law, Accounting & Taxes, Small Business, Sports, Entertainment & Tourism

GEDDES, N.Y. — New York state welcomed a “record-setting” 306.3 million visitors in 2023, while also setting “new historic highs” for direct visitor spending and

Former state Supreme Court justice joins Coughlin & Gerhart law firm

Employee Benefits & Human Resources, Law, Accounting & Taxes, New York News, Southern Tier, Subscriber Only

BINGHAMTON, N.Y. — Coughlin & Gerhart, LLP announced it has added former state Supreme Court Justice Jeffrey A. Tait to the law firm. Tait will collaborate with fellow attorneys in the litigation and trial, matrimonial, business, and other practice groups. He also offers mediation services in divorce, personal injury, contractual disputes, child victim cases, and

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Danielle Hatashita

People on the Move

Danielle Hatashita has been named assistant VP (AVP) of financial-center services at AmeriCU Credit Union. With more than 24 years of dedicated service in the

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