April 2, 2020
HORNELL, NY – See Numerous Articles/Info, Sent Along By The Hornell Industrial Development Agency:
Message For Those Involved With Clean Energy:
TO: Clean Energy Industry Businesses and Employees
FROM: New York State Energy and Environment Agencies
DATE: April 1, 2020
SUBJECT: Supporting the Clean Energy Industry Through the COVID-19 Response
Dear Members of the Clean Energy Industry:
On behalf of our respective agencies and staff, we want to convey a message of support and compassion during these challenging times. We are committed to doing everything in our collective power and authority to provide you with assistance and relief in the weeks and months ahead. As we all know, these are extraordinarily difficult days, and supporting Governor Andrew M. Cuomo’s COVID-19 response and protecting the well-being of New Yorkers is our top priority. We also know energy, climate, and economic development objectives remain core to our respective missions and cannot be ignored. Establishing and maintaining stability in these critical areas will be key for recovery after this crisis subsides. These goals and approach will help ensure New York remains positioned to meet Governor Cuomo’s nation-leading climate commitments.
New York’s clean energy industry is robust – almost 160,000 strong as of 2018 – but we know the public health and economic crises brought about by the novel coronavirus pandemic will bring serious challenges to every sector of our clean energy economy – energy efficiency, solar, land-based wind, offshore wind, heat pumps, energy storage, electric vehicles and clean transportation, cleantech startups, grid modernization and everything in between. This is especially true given the current social distancing protocols in place, which – while critical for public health – have an acute impact on the construction sector, which encompasses the majority of clean energy jobs statewide. To meet and exceed the commitments New York has adopted as part of the Climate Leadership and Community Protection Act (CLCPA), the state needs you to endure through the current crisis and grow and thrive in the years ahead.
In addressing the current uncertainty, we want to make sure first and foremost we have an opportunity to hear from you. We want to provide you with a forum to describe existing and emerging roadblocks and threats to your businesses, and the opportunity to put forward creative ideas and solutions for your sector in collaboration with our agencies. To achieve this necessary goal, our agencies will jointly launch a coordinated effort to engage with you over the coming weeks and months to collect your input. This effort will take numerous forms with multiple opportunities for engagement, including sector-specific webinars, surveys for employers and employees, virtual public comment/listening sessions and other opportunities for feedback.
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We have already begun these efforts. We recently held an Energy Efficiency and Heat Pump Focused Input Session hosted by the Department of Public Service (DPS) and NYSERDA on March 27. In addition to seeking input directly from you, as members of the clean energy industry, we will also invite and encourage input from industry-adjacent stakeholders such as environmental groups, labor groups, environmental justice advocates, investor-owned utilities, consumer advocates, non-governmental organizations, local communities, and many others. Furthermore, our agencies are actively monitoring similar steps being taken by neighboring states and peer agencies in the Northeast so as to promote regional alignment and collaboration wherever appropriate.
We will be shortly launching these engagement efforts across the following sectors:1
• Energy efficiency and heat pumps
• Solar and energy storage
• Large-scale land-based renewables
• Offshore wind development and supplies
• Offshore wind ports
• Electric Vehicles & EV charging
• Innovation ecosystem support organizations (investors, incubators, accelerators)
• University, Brookhaven National Labs, and Private R&D
• Green/climate start-ups
• QA/QC service providers
• Program evaluation service providers
• NY Green Bank partners and network (renewable and energy efficiency project development)
• Demand Response
• Community Choice Aggregation
These unprecedented challenges require unprecedented thinking and adaptability as to how best we can aid you and support your critical industries in the months ahead. Our agencies remain open for business, with our staffs effectively functioning in a telecommuting manner. Please reach out to any of our respective agency staff with whom you are accustomed to working, as needed.
Thank you for all your hard work and contributions to the energy system and energy consumers in New York State. We look forward to continuing to partner together to sustain the progress we have helped build together over the last decade-plus, and to developing a shared roadmap for a resilient recovery in the Empire State. Excelsior.
1 Please note that input from QA/QC service providers, program evaluation service providers, and other relevant entities will be welcomed as part of the engagement activities conducted for the respective subject-matter areas in the list above.
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Sincerely,
Alicia Barton
President and Chief Executive Officer
New York State Energy Research and Development Authority
Gil C. Quiniones
President and Chief Executive Officer
New York Power Authority
Basil Seggos
Commissioner
New York State Department of Environmental Conservation
John B. Rhodes
Chair and Chief Executive Officer
New York State Public Service Commission
Thomas Falcone
Chief Executive Officer
Long Island Power Authority
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From The Empire State Development Corp:
FREQUENTLY ASKED QUESTIONS FOR DETERMINING WHETHER A BUSINESS IS SUBJECT TO A WORKFORCE REDUCTION UNDER RECENT EXECUTIVE ORDER ENACTED TO ADDRESS COVID-19
If your question is not answered below, please contact ESD at our website at: https://esd.ny.gov/covid-19-help
QUESTIONS AND ANSWERS
PLEASE CHECK BACK OFTEN AS THIS FAQ
IS REGULARLY UPDATED
GENERAL BACKGROUND:
1. QUESTION: What is Executive Order 202.8?
ANSWER: Executive Order 202.8 is a directive issued by New York State Governor Andrew Cuomo that requires businesses in New York State to reduce the number of employees working at individual locations in New York State to help combat the COVID-19 outbreak.
2. QUESTION: Where can I find Governor Cuomo’s Executive Orders?
ANSWER: Executive Orders can be found at: https://www.governor.ny.gov/executiveorders
3. QUESTION: What are the employee reduction requirements contained in Executive Order 202.8?
ANSWER: Employers are required to reduce the number of employees working at each location by 100% effective March 22, 2020 at 8 p.m.
4. QUESTION: What businesses are required to reduce their workforce pursuant to Executive Order 202.8?
ANSWER: The employment reduction requirements apply to all for-profit and not-for-profit employers in New York State, unless such business is deemed an essential business or entity providing essential services. These entities are considered “Essential Business.”
5. QUESTION: Are state and local governments required to comply with Executive Order 202.8?
ANSWER: No. State and local governments including public authorities, municipal governments, and school districts are not covered by Executive Order 202.8.
6. QUESTION: What is an “Essential Business”?
ANSWER: An Essential Business is any business providing products or services that are required to maintain the health, welfare and safety of the citizens of New York State. Guidance as to whether a business is an “Essential Business” can be found on the website of Empire State Development at: https://esd.ny.gov/guidance-executive-order-2026
7. QUESTION: What should I do to determine if my business is an “Essential Business”?
ANSWER: Businesses should review the guidance on the website of Empire State Development (“ESD”) at: https://esd.ny.gov/guidance-executive-order-2026 to determine whether they are an Essential Business.
8. QUESTION: What if my business is listed as an “Essential Business”?
ANSWER: If your firm is an Essential Business, your business is exempt from the employment reduction provisions contained in Executive Order 202.8 and no further action is required by you. PLEASE DO NOT SUBMIT A REQUEST TO ESD FOR DESIGNATION AS REFERENCED BELOW.
9. QUESTION: If my business is determined to be an “Essential Business” are all employees permitted to work at the business location?
ANSWER: No. Only those employees that are needed to provide the products and services that are essential to provide such products or services are permitted to work at the business location. In addition, Essential Businesses are still required to utilize telecommuting or work from home procedures to the maximum extent possible. Those employees who do report to work must adhere to the requirements set forth in the Department of Health guidelines, which can be found at https://coronavirus.health.ny.gov/home.
For example, if your firm has three production lines, one of which manufactures medical equipment and the other two manufacture toys, your business is exempt from the employment reduction requirements of Executive Orders 202.8 to the extent that employees are needed to maintain the production capacity of the line manufacturing medical equipment. All other employees are subject to the workforce reduction requirements. In additional, to the maximum extent possible, employees needed to support the medical manufacturing line (i.e. human resources, accounting, legal, etc.) are still required to utilize telecommuting or work from home procedures to the maximum extent possible.
10. QUESTION: What if my business is determined NOT to be an “Essential Business”?
ANSWER: If your firm is not an Essential Business, your business is required to comply with the employment reduction provisions contained in Executive Order 202.8 which requires the number of employees working at each location be reduced by 100% effective March 22, 2020 at 8 p.m.
11. QUESTION: What if my business is NOT an “Essential Business” listed on ESD’s guidance but provides services, materials, supplies or other support to an Essential Business?
ANSWER: If your firm is a vendor, supplier or provides other support to an Essential Business that is required for the Essential Business’s operation, then your business is exempt from the employment reduction provisions contained in Executive Orders 202.8. However, only those employees necessary to support the Essential Business are exempt from the employment reduction requirements of Executive Orders 202.8 and your business is still required to utilize telecommuting or work from home procedures to the maximum extent possible.
12. QUESTION: What if my business or the business my firm supports are NOT an “Essential Business” listed on ESD’s guidance, but my business believes it should be considered an Essential Business?
ANSWER: Requests can be made to ESD to be designated an Essential Business through the link found in ESD’s guidance at: https://esd.ny.gov/guidance-executive-order-2026.
13. QUESTION: What if my business is not essential, but a person must pick up the mail or perform a similar routine function each day?
ANSWER: A single person attending a non-essential closed business temporarily to perform a specific task is permitted so long as they will not be in contact with other people.
14. QUESTION: If my business supports construction and other projects within the energy industry,
which projects are considered essential?
ANSWER: For this critical infrastructure sector, essential projects will be considered necessary if they are needed to respond to the COVID-19 public health emergency, provide support for basic human services (e.g. health, safety, housing, food, and other components of well-being), or proceed to a point where the project can be safely suspended. These activities must continue to comply with current guidance for maintaining a clean and safe work environment, as well as appropriate social distancing, as issued by the Department of Health. Please consult the below chart for a general reference for the energy industry:
Essential – those activities necessary to respond to the COVID-19 state emergency or to provide basic human services (e.g. food, shelter, safety, health & well-being)
• Utility Operations & Maintenance and Capital Plan Activities for:
o Existing power generation (including existing energy storage & EV infrastructure)
o Utility scale new power generation for projects with an in-service date of September 1 or sooner
o Existing fuel supply
o Transmission and distribution infrastructure, including for maintenance, resilience, reliability and demand response
o Ensuring safe and reliable service to customers
• Energy Construction Activities Related to:
o Existing or expanding grid or other critical infrastructure, including but not limited to service of:
Transit Facilities
Health care facilities
Affordable housing
Homeless shelters
o New renewable generation or energy storage that are necessary to the continued operation of any of the above
Non-Essential – all other activities
• Energy efficiency in existing buildings – all sectors
• New power generation – except the above essential
• New energy storage – except the above essential
• New construction – except the above essential
• New EV infrastructure
Emergency –health and safety
• Projects necessary to protect health and safety of building occupants, utility customers, or the public including continuation of existing work to extent necessary to create a safe site
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From The Small Business Administration:
Adirondack Bank
Ballston Spa National Bank
Bank of Richmondville
Bank of Utica
Carthage Federal Savings & Loan
Cayuga Lake National Bank
Champlain National Bank
Chemung Canal Trust Company
Community Bank, NA
First National Bank of Scotia
Fulton Savings Bank
Glens Falls National Bank &Trust Co.
Fund-Ex Solutions Group, LLC
Gouverneur Savings & Loan Assoc.
Maple City Savings Bank, FSB
Massena Savings & Loan Assoc.
National Bank of Coxsackie
NBT Bank, NA
New York Business Dev. Corp. aka Pursuit Lending
Pathfinder Bank
Pioneer Savings Bank
Saratoga National Bank and Trust Co.
Solvay Bank
Steuben Trust Company
The Adirondack Trust Company
The Bank of Greene County
The Delaware National Bank of Delhi
The Elmira Savings Bank, FSB
The First National Bank of Dryden
The First National Bank of Groton
The North Country Savings Bank
The Upstate National Bank
Tioga State Bank
Tompkins Trust Company
Trustco Bank
Watertown Savings Bank
AmeriCU Credit Union
CFCU Community Credit Union
Corning Federal Credit Union
Countryside Federal Credit Union
Directors Choice Credit Union
Empower Federal Credit Union
First Heritage Federal Credit Union
SeaComm Federal Credit Union
SEFCU
Sunmark Credit Union
Visions Federal Credit Union
In addition, other lending institutions hold an active SBA 7(a) Loan Participation Agreement and have an office location with the Syracuse District Office coverage area:
Bank of America
Berkshire Bank
Citizens Bank
Five Star Bank
JPMorgan Chase Bank
KeyBank
Lyons National Bank
M&T Bank
TD Bank
Seneca Savings
Lending Institutions with headquarters within the Syracuse District Office 34-county coverage area* which hold an SBA Participation Agreement for the 7(a) Loan Guaranty Program (traditional SBA business loan program) – As of 3/31/2020
*COUNTIES OF: ALBANY, BROOME, CAYUGA, CHEMUNG, CHENANGO, CLINTON, COLUMBIA, CORTLAND, DELAWARE, ESSEX, FRANKLIN, FULTON, GREEN, HAMILTON, HERKIMER, JEFFERSON, LEWIS, MADISON, MONTGOMERY, ONEIDA, ONONDAGA, OSWEGO, OTSEGO, RENSSELAER, SAINT LAWRENCE, SARATOGA, SCHENECTADY, SCHOHARIE, SCHUYLER, STEUBEN, TIOGA, TOMPKINS, WARREN, WASHINGTON
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Small Business Checklist:
The Coronavirus Aid, Relief, and Economic Security (CARES)
Act allocated $350 billion to help small businesses keep
workers employed amid the pandemic and economic
downturn. Known as the Paycheck Protection Program,
the initiative provides 100% federally guaranteed loans
to small businesses.
Importantly, these loans may be forgiven if borrowers
maintain their payrolls during the crisis or restore their
payrolls afterward.
The administration soon will release more details including
the list of lenders offering loans under the program. In the
meantime, the U.S. Chamber of Commerce has issued
this guide to help small businesses and self-employed
individuals prepare to file for a loan.
Here are the questions you may be asking—
and what you need to know.
Prepared by the U.S. CHAMBER OF COMMERCE
CORONAVIRUS
EMERGENCY L ANS
Small Business Guide and Checklist
Am I ELIGIBLE?
What will lenders be
LOOKING FOR?
You are eligible if you are:
• A small business with fewer than 500 employees
• A small business that otherwise meets the SBA’s size standard
• A 501(c)(3) with fewer than 500 employees
• An individual who operates as a sole proprietor
• An individual who operates as an independent contractor
• An individual who is self-employed who regularly carries on any trade or business
• A Tribal business concern that meets the SBA size standard
• A 501(c)(19) Veterans Organization that meets the SBA size standard
In addition, some special rules may make you eligible:
• If you are in the accommodation and food services sector (NAICS 72), the 500-employee rule is applied on a per physical location basis
• If you are operating as a franchise or receive financial assistance from an approved Small Business Investment Company the normal affiliation rules do not apply
REMEMBER: The 500-employee threshold includes all employees: full-time, part-time, and any other status.
In evaluating eligibility, lenders are directed to consider whether the borrower was in operation before February 15, 2020 and had employees for whom they paid salaries and payroll taxes or paid independent contractors.
Lenders will also ask you for a good faith certification that:
1. The uncertainty of current economic conditions makes the loan request necessary to support ongoing operations
2. The borrower will use the loan proceeds to retain workers and maintain payroll or make mortgage, lease, and utility payments
3. Borrower does not have an application pending for a loan duplicative of the purpose and amounts applied for here
4. From Feb. 15, 2020 to Dec. 31, 2020, the borrower has not received a loan duplicative of the purpose and amounts applied for here (Note: There is an opportunity to fold emergency loans made between Jan. 31, 2020 and the date this loan program becomes available into a new loan)
If you are an independent contractor, sole proprietor, or self-employed individual, lenders will also be looking for certain documents
(final requirements will be announced by the government) such as payroll tax filings, Forms 1099-MISC, and income and expenses from the sole proprietorship.
What lenders will NOT LOOK
FOR
•• That the borrower sought and was unable to obtain credit elsewhere.
•• A personal guarantee is not required for the loan.
•• No collateral is required for the loan.
Prepared by the U.S. CHAMBER OF COMMERCE
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How do I calculate my average monthly
PAYROLL COSTS?
NON SEASONAL EMPLOYERS:
Maximum loan =
2.5 x Average total monthly
payroll costs incurred during
the year prior to the loan date
For businesses not
operational in 2019:
2.5 x Average total monthly
payroll costs incurred for
January and February 2020
SEASONAL EMPLOYERS:
Maximum loan =
2.5 x Average total monthly
payments for payroll costs for
the 12-week period beginning
February 15, 2019 or March 1,
2019 (decided by the loan
recipient) and ending
June 30, 2019
Prepared by the U.S. CHAMBER OF COMMERCE
sum of
INCLUDED
payroll costs
sum of
EXCLUDED
payroll costs
PAYROLL
COSTS
EXCLUDED Payroll Cost:
1. Compensation of an individual employee in excess of an annual salary
of $100,000, as prorated for the period February 15, to June 30, 2020
2. Payroll taxes, railroad retirement taxes, and income taxes
3. Any compensation of an employee whose principal place of
residence is outside of the United States
4. Qualified sick leave wages for which a credit is allowed under section
7001 of the Families First Coronavirus Response Act (Public Law 116–
5 127); or qualified family leave wages for which a credit is allowed
under section 7003 of the Families First Coronavirus Response Act
INCLUDED Payroll Cost:
1. For Employers: The sum of payments of any compensation with
respect to employees that is a:
• salary, wage, commission, or similar compensation;
• payment of cash tip or equivalent;
• payment for vacation, parental, family, medical, or sick leave
• allowance for dismissal or separation
• payment required for the provisions of group health care benefits,
including insurance premiums
• payment of any retirement benefit
• payment of state or local tax assessed on the compensation
of the employee
2. For Sole Proprietors, Independent Contractors, and Self-Employed
Individuals: The sum of payments of any compensation to or
income of a sole proprietor or independent contractor that is a
wage, commission, income, net earnings from self-employment, or
similar compensation and that is in an amount that is not more than
$100,000 in one year, as pro-rated for the covered period.
How much can I BORROW?
Loans can be up to 2.5 x the borrower’s
average monthly payroll costs, not to
exceed $10 million.
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Borrowers are eligible to have their loans forgiven.
How Much?
A borrower is eligible for loan forgiveness equal to the amount the borrower spent on the following items during the 8-week period beginning on the date of the origination of the loan:
• Payroll costs (using the same definition of payroll costs used to determine loan eligibility)
• Interest on the mortgage obligation incurred in the ordinary
course of business
• Rent on a leasing agreement
• Payments on utilities (electricity, gas, water, transportation, telephone, or internet)
• For borrowers with tipped employees, additional wages
paid to those employees
The loan forgiveness cannot exceed the principal.
How could the forgiveness be reduced?
The amount of loan forgiveness calculated above is reduced if there is a reduction in the number of employees or a reduction of greater than 25% in wages paid to employees. Specifically:
Reduction based on reduction of number of employees
Reduction based on reduction in salaries
What if I bring back employees or restore wages?
Reductions in employment or wages that occur during the period beginning on February 15, 2020, and ending 30 days after enactment of the CARES Act, (as compared to February 15, 2020) shall not reduce the amount of loan forgiveness IF by June 30, 2020 the borrower eliminates the reduction in employees or reduction in wages.
Will this loan be FORGIVEN?
WHAT’S NEXT?
PAYROLL COST Calculated
on page 2
Average Number of Full-Time Equivalent Employees (FTEs) Per Month for the 8-Weeks Beginning on Loan Origination
Option 1:
Average number of FTEs per month from
February 15, 2019 to June 30, 2019
Option 2:
Average number of FTEs per month from
January 1, 2020 to February 29, 2020
For Seasonal Employers:
Average number of FTEs per month from
February 15, 2019 to June 30, 2019
PAYROLL COST Calculated
on page 2
For any employee who did not earn during any pay period in 2019 wages at an annualized rate more than $100,000, the amount of any reduction in wages that is greater than 25% compared to their most recent full quarter.
Prepared by the U.S. CHAMBER OF COMMERCE
Look out for more information about eligible lenders and additional guidance from the
SBA soon.
For more guidance and resources for small businesses, visit uschamber.com/co
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