Is Lathan-based Plug Power pulling the plug on its $290 million green hydrogen fuel plant under construction at WNY STAMP?
Heatmap, a news organization that tracks alternative energy companies, reports that the STAMP site is not included in Plug Power's loan application with the Department of Energy.
Plug Power has preliminary approval for a $1.6 billion loan from the DOE to help it build more fuel plants. The company is aiming to become the nation's first vertically integrated green hydrogen producer, providing customers with fuel, products, and support.
Chris Suozzi, VP for business and workforce development at the Genesee County Economic Development Center, reportedly told a Washington, D.C.-based commercial real estate firm that Plug Power's STAMP project is on hold.
Asked to authenticate the quote, Suozzi said, "no comment."
According to Heatmap, Suozzi spoke to PRP Real Estate Management. The firm recorded the phone call.
“They’re not ready to go," Suozzi reportedly said. "They’re on pause. We don’t know what’s going to happen with them at this point.”
Plug Power has not responded to The Batavian with requests for comment, including a spokesperson The Batavian has communicated with before, who didn't respond to an email sent early Friday morning.
The Batavian also reached out to two people in Sen. Charles Schumer's office seeking comment. Schumer has been a major proponent of STAMP and a supporter of Plug Power's initiative. The Batavian has not received a response.
The story published two days ago indicates a lawsuit filed by the Tonawanda Seneca Nation may be influencing Plug Power's actions.
Environmental justice issues have also been a drag on development. The native Tonawanda Seneca Nation is opposed to the entire industrial park because of the resulting impacts on wildlife, noise and the visual landscape. In April, the Fish and Wildlife Service revoked a necessary permit for a wastewater treatment pipeline that would be used by companies at the park.
Earthjustice attorney Alex Page – who is working with the Nation to fight the project – told me the tribe was told last year by the Energy Department that Plug Power had withdrawn the New York site from its loan application. The Nation will continue to fight the project and DOE’s loan financing to Plug Power on the chance that money could be reprogrammed to the industrial park. Page said: “The Nation remains very, very much opposed.”
When Plug Power received its preliminary loan approval in May, The Batavian published this explainer about the project:
Plug Power is a New York-based company with headquarters in Lathan. It is a "green hydrogen" company, which means it uses renewable energy sources to convert water into hydrogen fuel, which can be stored in fuel tanks and sold to power vehicles and factory equipment.
In its 20-year history, Plug Power has never turned a profit. It's annual revenue is currently about $800 million. In 2023, the company reported a $1.4 billion loss.
Plug Power is building a $290 million hydrogen energy plant in WNY STAMP, the GCEDC-developed high-tech business park in Alabama. The plant is expected to employ 69 people with an average annual salary of more than $70,000. In exchange for the job creation, the company is anticipating $2 million in grants from New York State.
The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District. Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.
In March, the DOE awarded Plug Power grants totaling $75.7 million.
The DOE loan, if finalized, is expected to help Plug Power complete the WNY STAMP plant, along with five others in the nation, which is reportedly critical to the company generating the hydrogen fuel sales necessary to start achieving profits.
This phase of the loan guarantee process requires the DOE and Plug Power to negotiate a term sheet, which means "certain technical, legal, environmental and financial conditions, including negotiation of definitive financing documents, must be satisfied before funding of the loan guarantee" (company statement).
“Almost 20 years ago, the Genesee County Economic Development Center developed a concept to bring the next generation of emerging businesses to Genesee County. This led to the development of the Science Technology and Advanced Manufacturing Park (STAMP) in the town of Alabama.
“Through the years, STAMP has been fortunate to receive significant financial support from our federal, state and local government partners which has been contingent on our commitment to bringing these next generation of businesses and the significant number of good paying jobs and economic impact that come with them. This support has also resulted in hundreds of inquiries from companies and site selectors in the United States and internationally. This strong interest in STAMP continues today.
“As such, the GCEDC Board and staff remain resolute in our vision to bring these jobs and capital investment from companies in the advanced manufacturing, renewable energy and semiconductor sectors. We also need to be mindful of continuing to build out infrastructure at the site, including the electric substation, which is a critical aspect of bringing these companies to STAMP.
“Regarding the latter, two projects not in targeted industry sectors have approached the GCEDC with an interest in coming to STAMP. At this time, the GCEDC Board and staff is considering applications from these applicants, both of which are proposing to construct data centers at STAMP.
“In assessing projects such as data centers, the GCEDC considers several different factors, including assessing the number of good-paying jobs in the local community created, the footprint of this type of project and its electric and water needs with the intent of minimizing its impacts so we can further our continued efforts in bringing to STAMP the types of companies that can create significant job and economic growth that we are targeting for at STAMP. Advanced manufacturing, renewable energy and semiconductor sector projects often require a much larger footprint. They can have significant infrastructure needs that must be considered when evaluating applications for projects such as data centers.
“We are obligated to our government partners and Genesee County residents to carefully vet applications to facilitate local economic growth and development, which fosters investment and job creation to benefit our residents and children.
“In this instance, a decision will ultimately be made on whether the proposed projects fulfill our vision for STAMP. We look forward to working with companies and stakeholders as the GCEDC Board considers these applications.”
File photo. Groundbreaking for Edwards Vacuum earlier with year, with Sen. Charles Scumer in the center of the group. Photo by Howard Owens.
Press release:
After announcing that Edwards Vacuum plans to build a manufacturing facility in Western New York two years ago, U.S. Senate Majority Leader Chuck Schumer today announced Edwards Vacuum has reached a $18 million preliminary memorandum of terms (PMT) funding agreement with the U.S. Department of Commerce under the CHIPS & Science Law he championed. This proposed federal funding will support Edwards Vacuum’s plans to build its new $300+ million dry pump manufacturing facility for the semiconductor industry, the first of its kind in the country, as there is currently no domestic production of semiconductor-grade dry vacuum pumps.
“This investment will ensure an essential part of the semiconductor supply chain – that will be surging in demand – is made right here in Genesee County. I am proud to announce my CHIPS & Science Law is investing $18 million in Edwards Vacuum’s expansion in Western New York, creating the first dry pump vacuum manufacturing facility of its kind in America,” said Senator Schumer. “From Micron to GlobalFoundries, all the major semiconductor companies in New York and across America need vacuum technology for their chip fabs, that only Edwards will make in the USA. A historic $300+ million manufacturing facility like this, with over 600 good-paying jobs, was only a dream a few years ago. But I urged Edwards Vacuum to expand in Western NY because I knew this region had the potential to become the beating heart of America’s semiconductor supply chain.”
Schumer added, “This continued investment by the Biden administration is proof positive the value of our region as a ‘Tech Hub’ and America’s emerging semiconductor superhighway. Today, Edwards Vacuum’s plans to expand in Western NY move forward. And that dream becomes one step closer to becoming a reality thanks to my CHIPS & Science Law.”
Today’s proposed federal funding will support a planned $300+ million investment and 600+ good-paying jobs when the facility reaches full production capacity. Schumer explained all chip fabs need vacuum technology like what Edwards makes to power the sophisticated equipment and state-of-the-art machine tools needed to make microchips. Those tools need and use vacuum pumps, like those that will now be made in Western New York, to manipulate the chip wafers to manufacture the finished microchips. By bringing manufacturing to New York, new chip fabs such as Micron and GlobalFoundries in New York, and Intel in Ohio can have access to critical dry pumps that will now be made in the U.S., offering chip producers shorter wait times, improved responsiveness, and reduced CO2 emissions from an American-made product.
This is the third agreement for a New York company from the CHIPS Incentives Program funded by Schumer’s CHIPS & Science Law. Earlier this year, Schumer announced that Micron, which plans to invest $100 billion over the next two decades – the largest private investment in New York’ s history – reached a $6.1 billion CHIPS PMT funding agreement. In addition, GlobalFoundries in the Capital Region also reached an agreement for $1.5 billion in direct grant funding under his CHIPS & Science Law to support a $12.5 billion public-private investment over the next ten plus years to expand and construct a second, new state-of-the-art computer chip factory in Malta, NY.
Schumer added, “The CHIPS & Science Law keeps delivering for New York. We are seeing more targeted federal investment in this region to bring back manufacturing than ever before, and awards like this show that the I-90 corridor truly is becoming America’s semiconductor superhighway.”
“New York State is a national leader in reshoring advanced manufacturing and research and this could not have been accomplished without the combination of the federal CHIPS and Science Act and New York State's Excelsior Jobs Program,” Governor Hochul said. “As a result, Edwards Vacuum is bringing 600 good jobs to Upstate New York, bolstering our semiconductor ecosystem, and setting the stage for regional success. This is proof that when we work together the sky's the limit, and none of it would be possible without the partnership of the Biden-Harris Administration, Commerce Secretary Raimondo and New York’s congressional delegation."
Schumer has been a relentless champion for expanding the semiconductor supply chain in Western NY. Schumer personally called Geert Follens, President of the Vacuum Technique Business Area for Edwards parent company Atlas Copco Group, to urge the global semiconductor supply chain company to expand in Upstate New York. Later that year Schumer announced with Governor Hochul that Edwards Vacuum had heeded their calls and planned to build their new manufacturing facility in Genesee County. Earlier this year, Schumer celebrated Edwards Vacuum’s groundbreaking ceremony in Genesee County for Phase 1 of their construction which is expected to be completed in 2028.
Schumer last year also helped the Buffalo-Rochester-Syracuse region win the prestigious Tech Hub designation through his CHIPS & Science Law and earlier this year secured a historic $40 million investment to implement the Tech Hub’s work with companies like Edwards. The proposal called the “NY SMART I-Corridor Tech Hub” has built on the historic investments Schumer delivered that have spurred a boom in semiconductor manufacturing and innovation across Upstate NY. Edwards Vacuum is working with Genesee Community College and Tech Hub partners like Monroe Community College, Erie Community College, and the Northland Workforce Training Center to help them hire and train hundreds of new workers.
Thanks to Schumer’s CHIPS & Science Law, Upstate New York has seen a major revival in tech manufacturing. Micron has announced plans for a historic $100+ billion investment to build a cutting-edge memory fab in Central New York. GlobalFoundries plans to invest over $12 billion to expand and construct a second, new state-of-the-art computer chip factory in the Capital Region. In the Mohawk Valley, Wolfspeed has opened a 200mm silicon carbide fabrication facility, one of the largest, with plans to further expand their operations. TTM Technologies, a printed circuit board manufacturer, plans to invest up to $130 million to expand their facilities in Onondaga County, creating up to 400 good-paying jobs. Menlo Micro will invest $150 million to build their microchip switch manufacturing facility in Tompkins County, creating over 100 new good-paying jobs. In addition, Upstate New York is home to semiconductor supply chain companies like Corning Incorporated, which manufactures glass critical to the microchip industry at its Canton and Fairport, NY plants.
The PMT outlines key terms for Edwards Vacuum’s CHIPS agreement. To finalize the federal CHIPS agreement, the Commerce Department will now begin a comprehensive due diligence process on the proposed project and other information contained in the application. After satisfactory completion of the due diligence phase, the Commerce Department will finalize the PMT.
Sen. Charles Schumer holds up a rendering of the exterior of the Edwards Vacuum plant under construction in WNY STAMP in the town of Alabama. Photo by Howard Owens.
With the groundbreaking for Edwards Vacuum's new plant at WNY STAMP in Alabama, it's all going according to plan.
In August 2020, Schumer traveled to WNY STAMP to propose a bill that eventually became law, funding the semiconductor industry in the United States to the tune of $50 billion. He said ramping up domestic semiconductor production was a matter of national security. He also wanted to create jobs in Upstate New York, including rural counties. At another news conference in 2022, he said chip manufacturing "belongs in Batavia, not Bejing."
"What makes us so happy about this project is J-O-B-S," Schumer said at Tuesday's ceremony. "Jobs, right here. In just over a year, hundreds of local workers will be employed at this factory behind me, where they will build some of the most sophisticated, cutting-edge equipment for the semiconductor industry, not just in New York and not just in America, but in the world. This will be one of the world-class plants right here in Genesee County."
Schumer said Edwards will pump $300 million into the Genesee County economy.
"This story is going to be repeated over and over again across upstate New York, over and over again, of what we now call the 'Semiconductor Superhighway,' which is I-90, as it runs from Albany all the way to Buffalo, through Rochester and Syracuse.
Mark Masse, CEO of the Genesee County Economic Development Center, thanked all the agencies—from Gov. Kathy Hochul and Empire State Development to Genesee County and the town of Alabama—for their efforts to collaborate and help make Tuesday's groundbreaking possible.
"It requires collaboration at all levels of government to make an economic development project like Edwards Vacuum a reality," Masse said.
The work to build out STAMP is ongoing, Masse said, and it isn't easy.
"The competition to develop sites like STAMP and bring companies such as Edwards to New York has never been more challenging," Masse said. "The opportunities for communities across New York State, particularly upstate, are unlimited in terms of creating generational wealth that we have not experienced in a very long time."
Alabama Town Supervisor Rob Crossen said the town welcomed the opportunity for economic growth.
"Why would we accept such a thing in a very small town? It's about jobs. It's about good-paying jobs," Crossen said. "I spent my entire life growing up here, as many of us did, watching everybody move from Genesee County and from Western New York. Now, we're going to start seeing license plates from other states coming here."
During his speech, Schumer recalled watching WNY companies such as Kodak, Bausch and Lomb, Xerox, Bethlehem Steel, Bell Helicopters, and more either reduce manufacturing locally, move away, or close up shop.
"It pained me to see jobs leave Upstate New York to hear the stories and actually witness some parents at airports waving goodbye to their kids in their early 20s who wanted to stay here," Schumer said. "They liked the good life here, but they couldn't find a job here. Now, the reverse is going to be true. Parents will be going to airports in the rest of the country and waving goodbye to their kids as they come to Upstate New York for the good paying jobs."
Official groundbreaking. Photo by Howard Owens.
Empire State Development CEO Hope Knight and Sen. Charles Schumer. Photo by Howard Owens.
Alabama Town Supervisor Rob Crossen. Photo by Howard Owens.
Mark Masse, CEO of the Genesee County Economic Development Center
The Genesee County Economic Development Center plans to build a 500,000-gallon water storage tank at WNY STAMP to help with the fire suppression needs of current and potential park tenants.
The immediate need to provide sufficient water pressure for the Edwards Vaccum plant is now under construction.
Mark Masse, CEO of GCEDC, said a 12-inch water main supplies STAMP now, but the water pressure isn't sufficient to meet Edwards's fire suppression needs.
Edwards will need 120,000 gallons of water at the ready from the tank to support its fire impression system. The excess capacity will provide service to any future tenants.
The water will be non-potable and rarely changed. A heating element will keep it from freezing in the winter.
A 30-acre parcel is available to the north of the new Edwards facility. If a potential buyer were interested, Edwards would have first right of refusal.
"There is a potential for a project there that could utilize that tank as well," Masse told the Genesee County Planning Board on Thursday.
STAMP Waterworks Corporation, which will own the tang, currently has an operations and maintenance agreement with the town of Batavia for the tank and the rest of the water system at the STAMP site.
The tank's design and engineering have yet to be completed, so Massee couldn't provide an estimated cost when asked by The Batavian. He said bids should go out by the end of the year. Funding is from a grant, Fast New York, already received by GCEDC to fund the overall infrastructure for STAMP.
A Federal Tech Hub supporting the semiconductor industry at the STAMP Mega-Site and a region running from Buffalo to Rochester to Syracuse is growing with new investments announced Monday.
Governor Kathy Hochul today announced that the U.S. Department of Commerce has awarded a phase two Regional Technology and Innovation Hubs (Tech Hub) grant of $40 million to the New York Semiconductor Manufacturing and Research Technology Innovation Corridor (NY SMART-I Corridor) consortium.
Over the next five years, the consortium will serve a critical role in supporting Upstate New York’s continued growth into a globally competitive center of semiconductor workforce development, innovation, and manufacturing – part of the continued transformation of the state’s rust belt cities into a brand new innovation belt.
Empire State Development has committed up to $8 million in match funding along with significant additional aligned resources to support the NY SMART-I Corridor and will serve as a member of the Tech Hub’s implementation steering committee.
“With this transformative federal grant, New York is taking another major leap toward building Chips Country in our state,” Governor Hochul said. “This award will help to bring the next generation of semiconductor research, manufacturing, and workforce training upstate and unlock even more funding – on top of our other state investments – to attract chipmaking businesses and jobs. From Micron’s historic investment to our first-in-the-nation chips research center in Albany, New York is all in on semiconductors and I thank the Biden administration, Majority Leader Schumer, Senator Gillibrand, and Congressman Morelle for ensuring we remain competitive in the global race for chips business.”
The NY SMART-I Corridor was awarded one of 31 Tech Hub designations by the federal Department of Commerce’s Economic Development Administration (EDA) in October 2023 from a pool of nearly 400 regional applications, and is one of only four semiconductor tech hub designations in the nation.
The consortium comprises the Western NY, Finger Lakes, and Central NY regions and is convened by the Buffalo-Niagara Partnership, ROC2025, and CenterState CEO respectively. It includes more than 80 members that include economic development organizations, government, workforce development, labor, industry, academia and nonprofits.
The Tech Hub will work to build a world-class semiconductor ecosystem across a range of focus areas including equitable workforce development and talent placement, research and commercialization pathways in partnership with leading academic institutions, chip manufacturing supply chain growth and development, and technology innovation.
Managed by a multi-sector implementation governance committee, the consortium will serve as a key coordinating body for semiconductor industry growth alongside the Governor’s Office of Semiconductor Expansion, Management, and Integration housed within ESD.
Empire State Development President CEO and Commissioner Hope Knight said, “New York State’s efforts to re-shore the semiconductor industry in a way that emphasizes smart and strategic growth, equitable and diverse workforce development, and cutting-edge R&D and innovation are a model for the nation and the world. Funding for the Tech Hub provided by the Biden administration will help us realize this shared vision to build a thriving innovation sector, increase our domestic semiconductor supply chain, and protect our economic and national security – all while creating good jobs for all New Yorkers.”
Press release from Rep. Claudia Tenney:
Congresswoman Claudia Tenney (NY-24) joined Representatives Joe Morelle (NY-25), Nick Langworthy (NY-23), Tim Kennedy (NY-26), Marc Molinaro (NY-19), and Brandon Williams (NY-22) to announce that the New York Semiconductor Manufacturing and Research Technology Innovation Corridor (NY SMART I-Corridor), comprised of the Buffalo, Rochester, and Syracuse areas, has been selected to receive $40 million in Phase II funding in the Regional Technology and Innovation Hubs (Tech Hubs) Program.
The creation of the NY SMART I-Corridor will allow for the Buffalo-Rochester-Syracuse region to combine its expertise in advanced manufacturing with both ongoing and new investments in semiconductor and sensing technology. The NY SMART I-Corridor coalition emphasized collaboration over competition, utilizing their unique universities, field experts, and local and federal advocates to build a brighter future for the Buffalo-Rochester-Syracuse region.
In October 2023, the NY SMART I-Corridor was designated a Regional Tech Hub during Phase I of the program. Selection for Phase II funding further underscores the strength and promise of our region.
"With this additional investment into the Buffalo-Rochester-Syracuse corridor and its designation as a Regional Technology and Innovation Hub, our region will be at the forefront of innovative advancements benefiting our nation, and the world," said Congresswoman Tenney. "This funding will onshore critical parts of our nation's supply chain, bringing jobs to our communities and promoting technological advancement. I am eager to see the positive impact this funding will have on our community."
Schumer said this prestigious and highly competitive federal investment will supercharge Upstate NY to build out its workforce training initiatives, strengthen existing manufacturing and innovation, and help attract new supply chains from the billions in private and federal semiconductor investment the senator has helped bring to the region, helping ensure this industry that is critical to our nation’s future, and that once was being lost to overseas, now is not just made in America, but made in Upstate NY.
“This is a monumental victory for the Buffalo-Rochester-Syracuse region as the first major Tech Hub award in the nation, bringing a whopping $40 million from my CHIPS & Science Law. With this major investment, the feds are shining a national spotlight, and confirming what I have long known, that America’s semiconductor future runs through the heart of Upstate NY along the I-90 corridor.,” said Senator Schumer. “From the fields near Syracuse that will become Micron’s massive mega-fab to the cutting-edge research labs in Rochester and workers learning these manufacturing skills in Buffalo, this award helps connect the region to seize this once-in-a-generation opportunity and establish Upstate NY as the heart of America’s semiconductor industry. I created the Tech Hubs competition with Upstate NY in mind, and pulled out all the stops to win this award –first proposing this program in my Endless Frontier Act, then passing it into law as part of my CHIPS & Science Act, making the case to bring the region together, advocating at the highest levels and delivering the transformational investment to make today possible. It’s never been more clear: the heart of America’s semiconductor industry runs along the I-90 corridor in Upstate NY!”
Today’s award is the culmination of years of work by Schumer both creating the program through his CHIPS & Science Law with Upstate NY in mind, and working meticulously to lay the foundation for the region to succeed in securing this award. Going back to before the creation of the program, Schumer cited Upstate NY as ready to compete, and began working to build the coalitions to come together to be ready to tap the federal funding award, including landing major grants like $25 million from the American Rescue Plan for Buffalo to boost its growing tech industry, while simultaneously working to land major companies in the semiconductor and related industries in the region from Micron’s massive over $100 billion federal investment in Central NY to Edwards Vacuum in Western NY.
Thanks to Schumer’s efforts, the multi-region consortium beat out nearly 400 initial applications in the first phase of the Tech Hubs competition and was one of only 31 proposals selected for the prestigious federal Tech Hub designation that allowed them to compete for the funding awarded today. This fits together with billions in private and federal investment Schumer has helped deliver for Upstate NY, and companies we are seeing already expand in the region. Just after receiving the Tech Hub designation, Schumer announced TTM Technologies intends to build an up to $130 million, 400 job high-tech manufacturing facility in Central NY, citing the Tech Hub designation as a reason for wanting to locate in Upstate NY.
This is on top of other major investments in the semiconductor industry, including GlobalFoundries plans to invest over $12 billion to expand and construct a second, new state-of-the-art computer chip factory in the Capital Region, Wolfspeed recently opening the first, largest, and only 200mm silicon carbide fabrication facility in the world in the Mohawk Valley, and Menlo Micro investing $50+ million to build their microchip switch manufacturing facility near Ithaca, creating over 100 new good-paying jobs. In addition, major supply chain companies like Edwards Vacuum is making a $300+ million investment to build a dry pump manufacturing facility in Western NY, creating 600 good-paying jobs to support the growing chip industry in Upstate New York. Niacet Specialty Chemicals also announced an investment of $50 million in its Niagara Falls facility to strengthen the semiconductor manufacturing supply chain, and Corning Inc., which manufactures glass critical to the microchip industry, is investing $139 million in Monroe County – creating over 270 new, good-paying jobs, and many more.
The $40 million in Tech Hubs funding will go towards specific component projects that aim to solve the growth challenges the region would otherwise face over the coming decade and ensure that growth is translated to all members of our communities. Specifically, the component project efforts will be led by Monroe Community College, the University at Buffalo (UB), and Syracuse University, all of which will be coordinating across the region to bolster workforce training initiatives, help elevate local supply chain companies, create a collaborative ecosystem for semiconductor R&D commercialization. According to the proposal, by the end of the decade, 25% of all chips produced in the United States will be manufactured within 350 miles of this Tech Hub, – with no other region in the nation accounting for a greater share of microchip production.
The NY SMART I-Corridor Consortium Tech Hub spans across the Buffalo, Rochester, and Syracuse region and has engaged 100+ institutions, including assembling commitments from industry, academia, labor, non-profit, government, and other private sector members. The implementation phase of the program will allow the region to expand the semiconductor ecosystem already in existence to develop and make the future of semiconductor technology in Upstate NY.
Earlier this week, the Genesee County Economic Development Center issued a press release on the promotion of Batavia resident Mark Masse from senior vice president of operations to president and chief executive officer.
Masse, 51, (in file photo at right) is a lifelong Genesee County resident, growing up in Stafford, graduating from Le Roy Central School and spending some of his spare time at Adam Miller Toys & Bicycle on Center Street in Batavia – a business started by his grandfather and later owned by his mother, Joyce, and uncle, Gary Miller.
An avid golfer and bowler, Masse joined the Polish Falcons leagues in both sports in 1995 and has been participating ever since. The start of his 30th year in the bowling league will be delayed a bit, however, due to a scheduled hip replacement in October.
He has a daughter, Grace, and 6-month-old granddaughter, Kennedy, and a son, Jack.
Masse is a certified public account who worked for Freed, Maxick & Battaglia for 15 years before being hired by the GCEDC.
On Thursday afternoon, Masse sat down with The Batavian to talk about his expanded role with the agency, which will be official on Aug. 1. He succeeds Steve Hyde, who guided the organization as president and CEO for the past 21 years.
Q. You’re succeeding Steve Hyde in the lead role with the agency. Is that something that you had been discussing with Steve after he announced his retirement last month?
A. I think it was just a natural progression, to be honest. When I started here, the position was created to help Steve with the number of projects that we had ongoing and STAMP (Western New York Science, Technology and Advanced Manufacturing Park in the Town of Alabama) was just getting off the ground at the time. Over the years, it’s something that I’ve enjoyed doing and I learned a lot from Steve. When it came time for him to retire, I was here with the right kind of experience and knowledge to be able to hopefully step in and continue on what he had started.
Q. Your title was senior vice president of operations. Have there been any other changes now in (employees’) titles. Has anyone moved into the VP/Operations position?
A. No other changes at this point in time but that’s not to say there couldn’t be some in the future. But for now, no.
Q. Steve Hyde has left a big imprint on this corporation with everything that he has done over the years, not just with the STAMP site but throughout the county. You have big shoes to fill. What are your thoughts about trying to fill those shoes and do you have specific things that you’re looking to do?
A. Obviously, we want to continue the momentum we've had in the past … such as our corporate business parks that are almost full. We’ll be starting to look at some other future parks. But we do face some significant challenges, especially the water capacities in the county and it’s no secret. That’s a large issue that the county is diligently working on, but it could be a few years before we get those capacities. I think the electric grid is seeing significant challenges as well --with the shutdown of fossil fuels -- and alternative energy generation projects coming on. We’re running into a lot of issues with capacities on the utility lines. We want to develop a few more corporate business parks but until some of those capacity issues get addressed, it's going to be difficult. But fortunately, we have STAMP that we can continue to work on and can continue to attract tenants to and build out.
Q. Now that you brought up STAMP, you’ve had some legal issues there with trying to push wastewater to Oak Orchard Creek (in Orleans County). Where does that stand now and do you feel that you will be resolving that issue?
A. So, one of the lawsuits was resolved, the one with Orleans County on the article 78, that was ruled in our favor. The eminent domain one was heard on April 16. And we're waiting to hear back on that. I think there are opportunities to come back together and discuss things and try and work things out. Ultimately, we are also looking at other options; we have to look at other alternatives that might be available to us. I'm confident one way or another, we'll figure out a solution. One of the things that we've always done is we've been able to figure out a way to get things done. And I think that's emphatic of what Genesee County is, right? We're resilient. We're determined, and to some extent, we're all a little stubborn.
Q. How is the agency’s relationship with Orleans County? Has it been hampered or hurt because of this Oak Orchard Creek issue? Do other alternatives include working with the Town of Oakfield?
A. We are looking at a short-term solution, potentially for sanitary sewer to go the Oakfield treatment plant. I don't want to say that, you know, Orleans County relations are hurt. I mean, people, neighbors fight all the time, siblings fight all the time. And I think that after some time, after we've had a chance to kind of settle down, I think there's an opportunity to get back together and see if we can work it out.
Q. One of the criticisms you hear on social media, from the so-called experts, is that the GCEDC just hands out money. Those who cover the GCEDC know that there’s a formula involved (for determining tax abatements), but how to you fight and overcome that perception?
A. One thing that we always try to do is meet with our stakeholders as much as we can and we try and explain the process. I present to the Leadership Genesee class every year about who we are, what we do, and my three top slides that are we don't give out money. So, it's an abatement and I don't think people truly understand how that works. They feel like we're subsidizing a company. But if you look at the way tax rates are and the municipal services that corporations draw versus municipal services that residents draw, corporations are generally around 70 cents or so let's say out of $1 for services while residences are like $1.20. So, even if a corporation comes in -- number one, the fire district fees are never abated, those are always paid 100 percent. So those corporations are helping to offset those costs of services that municipalities offer that the residents use. It's not too often that those corporations draw down those services. The PILOT (payment in lieu of taxes) revenue that's being generated is usually significantly more than what the vacant land or the previous land was generating for those municipalities as well. Not to mention that you're creating jobs locally that those people are going to spend their money here; you've got a company that's going to buy from local companies or bring in other revenue from outside the community.
Q. Do you have a one-year, five-year, and 10-year strategic plans? What are some of the strategies going forward?
A. That’s a process that the board (of directors) is going to undertake and we (staff) will undertake with them. Shortly, we'll examine what's out there and see what land is available, where it would make sense to potentially look at another corporate business park and what other sectors we want to try and get involved in. I think one of the areas we've seen where there's a bit of a shortfall is in workforce training and workforce development. I think there's an untapped market for us to be able to assist our local ag farmers in trying to find some skill sets and trainings for some of their employees. A lot of what their employees do are the skilled trade work on a regular basis that we've seen a significant decline in over the years, and we're trying to get kids excited about and get back into.
Q. The GCEDC has been pretty active in the Pembroke area. Are there other areas in the county that are untapped, so to speak?
A. A lot of that is going to be driven by the location and the size and the capacities and the infrastructure that's there. Unfortunately, the majority of large scale water, large scale sewer and electric is generally around where the Thruway exits are. However, there is a significant need for single-family housing market rate apartments in our communities. And we've reached out to a few of the outlying communities about what opportunities might be there, if they've got areas identified for housing because that seems to be what they are interested in -- is trying to attract people. In the most recent census, I think Genesee County's lost like 1,500 people over the last couple of years. So, we aren't growing and we need to figure out a way to do that. And one of the keys is to have housing here for people.
(The GCEDC’s corporate park sites include Apple Tree Acres in Bergen; Buffalo East Tech Park in Pembroke; Gateway I & II, Genesee Valley Agribusiness Park and Upstate Medtech Park in the Town of Batavia; and Le Roy Food & Tech Park).
Q. Are you connected with the apartment complex that is going on next to you (on College Road)?
A. Yes, that’s a market rate apartment complex that a gentleman will be renting those units out. It’s called Medtech Landing. We did sell the land, obviously, that was part of our Medtech Park. We did incentivize that with a PILOT and sales tax and mortgage tax abatement on there as well. And then part of those funds are going to be used to fund our Batavia Home Fund, which will help with some programs within the City of Batavia for housing. We just recently had our first draw on that for a gentleman who replaced the roof on his house and got a grant from the Batavia Home Fund to cover 50 percent or 60 percent of the cost of replacing his roof.
Q. Speaking of the City of Batavia, there's a something sitting there called Ellicott Station, which has not been completed and could be considered as an embarrassment to the city. What is GCEDC’s role in getting tenants in there?
A. The GCEDC board terminated all of its benefits that were awarded to that -- the PILOT, the sales tax and mortgage tax.I think our board's position is that unless it's going to be market rate., we don’t have a desire to participate in that project. Now, where it stands, I don't know. That's up to (Buffalo developer) Sam Savarino.People have said there's been work on going out there. I don't really know what's going on. We haven't been contacted by anybody who's been interested in trying to acquire it and using our any of our incentives that we have.
Q. What do you feel your strengths are – things that you have already brought to the company – and what are some of the things you need to work on?
A. I definitely think I have an extensive background from accounting with a wide variety of businesses and learning how to interpret financial statements and how to work with a company and how to work with people. I do think that my people skills are good. You know, I think that people know that I care and know that I work hard. And I truly believe in what I'm doing here. And everybody here believes in what we're doing here and trying to move our county forward and make it a better place. Working with Steve, he's brought me along. So, I have a lot of those key relationships with stakeholders as well. We do need to work on things like public perception. I think there’s some messaging we can get out there. Not everybody's going to believe it. But I think there's opportunities out there to try … and engage people and provide that information.
Q. Getting back to STAMP, there was a big presentation by Senator Schumer a couple years ago about Plug Power coming there. Right now, the company’s stock has bottomed out and they just received a $1.66 billion conditional loan from the Department of Energy. Is Plug Power going to make it?
A. They’ve told us they have full intentions of finishing their project at the STAMP site. They have put it on pause temporarily. Beyond that, I think any other questions would be for them directly. I don't ever like to speak for a private company and what they've got going on. They've received incentives no different than most other companies. And we do have triggers in there similar to like with Savarino that if things were to go bad, that there are opportunities for us to not only cancel those, but potentially claw them back. But there's been nothing done to date that would lead us to go down that path.
Q. Is there a company operational now at STAMP?
A. No, Edwards Vacuum has just broken ground and they're under construction. They’re in the semiconductor supply chain. They make dry vacuum pumps, which means there's no oil lubrication in the pumps at all. So they're used in the semiconductor industry in the sub floor to help regulate gases and clean the air within clean rooms. Basically, they're the premier pump manufacturer for most semiconductor manufacturers. These particular pumps were only made overseas. So, by building in the U.S., they're significant cutting their greenhouse gas emissions by locating closer to their potential customers and their current customers and to be able to truck those pumps to them. They intend to complete construction by June or July of next year. (Edwards Vacuum is owned by Atlas Copco, a worldwide company).
Q. Did you get a raise? It’s public knowledge. What is your salary?
A. (After a hearty laugh), It will be in the contract and I would prefer not to (disclose it now) but if you ask for it later, we’ll have to provide it.
(According to the GCEDC, Masse’s compensation in 2023 was $129,369, while Hyde earned $263,161. Masse said his new salary is less than what Hyde was making).
I’m very, very fortunate not only for the salary but the opportunity and the confidence that the board and our local communities have put in me and the people I work with put in me to be able to continue this going forward.
Plug Power is a New York-based company with headquarters in Lathan. It is a "green hydrogen" company, which means it uses renewable energy sources to convert water into hydrogen fuel, which can be stored in fuel tanks and sold to power vehicles and factory equipment.
In its 20-year history, Plug Power has never turned a profit. It's annual revenue is currently about $800 million. In 2023, the company reported a $1.4 billion loss.
Plug Power is building a $290 million hydrogen energy plant in WNY STAMP, the GCEDC-developed high-tech business park in Alabama. The plant is expected to employ 69 people with an average annual salary of more than $70,000. In exchange for the job creation, the company is anticipating $2 million in grants from New York State.
The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District. Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.
In March, the DOE awarded Plug Power grants totaling $75.7 million.
The DOE loan, if finalized, is expected to help Plug Power complete the WNY STAMP plant, along with five others in the nation, which is reportedly critical to the company generating the hydrogen fuel sales necessary to start achieving profits.
This phase of the loan guarantee process requires the DOE and Plug Power to negotiate a term sheet, which means "certain technical, legal, environmental and financial conditions, including negotiation of definitive financing documents, must be satisfied before funding of the loan guarantee" (company statement).
“This $1.6 billion federal investment will supercharge Plug’s world-class workforce across Upstate New York as Plug builds new facilities across the nation, all powered by the equipment made in New York. Green hydrogen has the potential to help us decarbonize some of the trickiest parts of our economy – from the industrial sector to marine shipping – and with the major federal investments through the Inflation Reduction Act I championed, Upstate NY is poised to lead the way in powering America’s clean energy future. From the electrolyzers made at Plug’s state-of-the-art Gigafactory in Henrietta, NY to the fuel cells manufactured at Plug’s Capital Region facility, this means new growth, new demand for Plug across Upstate NY. With federal investments like this we are unlocking the potential for green hydrogen to power America’s clean energy future, with Plug and Upstate NY leading the way.”
UPDATE, Press release from the Department of Energy:
Today, the U.S. Department of Energy’s (DOE) Loan Programs Office (LPO) announced a conditional commitment to Plug Power Inc.’s (Plug) subsidiary, Plug Power Energy Loan Borrower, LLC, for an up to $1.66 billion loan guarantee to help finance the construction of up to six facilities across several states to produce clean hydrogen utilizing the company’s own electrolyzer technology. Advancing clean hydrogen is a key component of the Biden-Harris Administration’s whole-of-government approach to building a robust clean energy economy that creates healthier communities, strengthens energy security, and delivers new economic opportunities across the nation. Today’s announcement will help unlock the full potential of this versatile fuel and support the growth of strong, American-led industry that ensures the United States remains at the forefront of the global economy for generations to come.
As part of President Biden’s Investing in America agenda to create good-paying, high-quality job opportunities for American workers, this loan guarantee, if finalized, will support an estimated 100-300 jobs during the construction period when at full capacity, and at least 50 new full-time jobs for each location. Together with the Regional Clean Hydrogen Hubs, and ongoing research, development, and demonstration in the DOE Hydrogen Program, this announcement will help strengthen local economies, create and maintain high-quality jobs, reduce greenhouse gas emissions in sectors critical to meeting U.S. net-zero goals, and enhance America’s manufacturing and industrial competitiveness.
Plug has a development pipeline that includes the build-out of clean hydrogen facilities in several potential locations across the United States to supply its national customer base with end-to-end clean hydrogen at scale. This conditional commitment advances President Biden’s efforts to strengthen domestic clean energy supply chains, which are essential to meeting the nation’s ambitious climate goals and enhancing our national and energy security. If finalized, the project will support an integrated and resilient commercial scale clean hydrogen fueling network across several regions of the United States.
The hydrogen fuel from the project is expected to power fuel cell-electric vehicles used in the material handling, transportation, and industrial sectors, resulting in an estimated 84% reduction in greenhouse gas emissions compared to conventional hydrogen production, which derives hydrogen from natural gas (CH4) and ultimately produces carbon dioxide (CO2). The benefits of harnessing hydrogen fuel cells in applications such as material handling equipment include enhanced operational efficiency, reduced environmental impact through zero-emission operations, and increased productivity due to faster refueling times compared to conventional batteries. Major corporations such as Amazon, Walmart, and Home Depot use Plug’s hydrogen fuel cells across their warehouse and distribution centers.
The clean hydrogen facilities will utilize Plug’s electrolyzer stacks that are manufactured at the company’s state-of-the-art gigafactory in Rochester, NY, and will use modular designs to ensure a resilient hydrogen fuel delivery network. Plug is among the leading commercial-scale manufacturers of electrolyzers in the United States and currently operates the largest Proton Exchange Membrane (PEM) electrolyzer system in the United States at its Georgia hydrogen plant.
Electrolyzers use electricity to split water into its component parts, hydrogen and oxygen. Plug’s PEM technology allows it to operate efficiently even with variable electricity, enabling it to leverage electricity from intermittent renewables. Electrolyzers that use renewables to power their hydrogen production produce emissions-free clean hydrogen. The electrolyzer stacks can be easily configured to produce systems at 1 megawatt (MW), 5 MW, and 10 MW scales. (One MW powers the equivalent of 750 American homes based on their instantaneous demand.)
Plug is expected to develop and ultimately implement a strong Community Benefits Plan for each project and has committed to working with local communities for project siting, including soliciting input from local economic development corporations. In particular, Plug will initiate a community outreach program dedicated to promoting awareness, understanding, and utilization of hydrogen as a clean and sustainable energy source, which aims to engage and empower communities by providing educational resources, interactive activities, and collaborative initiatives that highlight the benefits and potential applications of hydrogen technology. Plug employs local workforce development strategies and programs that leverage the comprehensive suite of services offered by the Workforce Innovation and Opportunity Act’s network of One-Stop Career Centers, including the development of apprenticeship programs for operations jobs.
LPO works with all borrowers to create good-paying jobs with strong labor standards from construction through the life of the loan. Plug also supports President Biden’s Justice40 Initiative, which set the goal that 40% of overall benefits of certain federal investments flow to disadvantaged communities that are marginalized by underinvestment and overburdened by pollution.
This announcement is part of a broader suite of actions LPO has taken in line with the President’s Investing in America agenda, which is growing the American economy from the bottom up and middle-out—from rebuilding our nation’s infrastructure, to creating a manufacturing and innovation boom powered by good-paying jobs that don’t require a four-year degree, to building a clean-energy economy that will combat climate change and make our communities more resilient. Leveraging loan authority from the President’s Inflation Reduction Act, LPO is spurring billions in public-private investments to boost the nation’s competitiveness, strengthen supply chains, and create good-paying jobs to power the clean energy economy.
The financing would be offered through LPO’s Title 17 Clean Energy Financing Program, which includes financing opportunities for innovative energy and supply chain projects like Plug’s, certain state-supported projects, and projects that reinvest in existing energy infrastructure.
While this conditional commitment indicates DOE’s intent to finance the project, the company must satisfy certain technical, legal, environmental, and financial conditions before the Department enters into definitive financing documents and funds the loan guarantee.
Plug Power Inc. (NASDAQ: PLUG), a global leader in comprehensive hydrogen solutions for the green hydrogen economy, received a conditional commitment for an up to $1.66 billion loan guarantee from the Department of Energy’s (“DOE”) Loan Programs Office (“LPO”) to finance the development, construction, and ownership of up to six green hydrogen production facilities.
The production facilities, which will be selected for financing in accordance with procedures to be set forth in definitive documentation with DOE, will be built across the nation and supply major companies, including Plug’s existing customers, with low-carbon, made-in-America green hydrogen. The hydrogen generated will be used in applications in the material handling, transportation, and industrial sectors.
“Green hydrogen is an essential driver of industrial decarbonization in the United States,” said Plug Power CEO Andy Marsh. “Earlier this year, Plug successfully demonstrated our innovation and technical ability by launching the first commercial-scale green hydrogen plant in the country in Woodbine, Georgia. This loan guarantee will help us build on that success with additional green hydrogen plants.”
Marsh added, “We appreciate the partnership with the DOE Loan Programs Office and are pleased to have worked through an intensive due diligence process. The loan guarantee will prove instrumental to grow and scale not only Plug’s green hydrogen plant network, but the clean hydrogen industry in the United States.”
Plug, the leading commercial-scale manufacturer of electrolyzers, currently operates the largest proton exchange membrane (PEM) electrolyzer system in the United States at its Woodbine, Ga., hydrogen plant. Plug’s current green hydrogen generation network now has a liquid hydrogen production capacity of approximately 25 tons per day.
Plug’s green hydrogen production plants utilize the company’s own electrolyzer stacks manufactured at its state-of-the-art gigafactory in Rochester, NY, and Plug’s liquefaction and hydrogen storage systems engineered at its facility in Houston.
DOE’s support for Plug’s green hydrogen projects represents a major milestone in the U.S.’s commitment to advance the development of large-scale hydrogen production, processing, delivery, and storage. It also underscores the application of green hydrogen to help meet decarbonization goals across multiple sectors of the economy.
While this conditional commitment represents a significant milestone and demonstrates the DOE’s intent to finance the project, certain technical, legal, environmental and financial conditions, including negotiation of definitive financing documents, must be satisfied before funding of the loan guarantee.
LPO works in support of President Biden’s ambitions to drive growth in US manufacturing and innovation, create jobs, and build a clean energy economy that will address climate change and make communities more resilient.
Plug’s projects under the loan will adhere to the Biden Administration’s Justice 40 Initiative. This process includes gathering input from local labor, workforce, and economic development organizations in addition to first responder and non-profit organizations. The plants are expected to create good-paying jobs accessible to a diverse talent supply and help develop workforce skills needed to drive the transition to a clean energy economy.
LPO’s Title 17 Clean Energy Financing Program, which supports innovative energy and supply chain projects and projects that reinvest in existing energy infrastructure, will provide the financing to Plug.
Governor Kathy Hochul and U.S. Senate Majority Leader Charles Schumer today announced the start of construction on the first phase of the $319 million Edwards Vacuum dry pump manufacturing facility, located in the Genesee County town of Alabama.
The British-based global leader in vacuum and abatement equipment for the semiconductor industry, part of the Atlas Copco Group, chose the Western New York Science & Technology Advanced Manufacturing Park in Genesee County as the location for its new U.S. dry pump manufacturing facility.
The technology produced at the new facility is a vital component to controlling the highly sensitive environment of semiconductor manufacturing processes. Edwards Vacuum's decision to invest in New York State followed the passage of the federal CHIPS and Science Act, New York’s Green CHIPS legislation, and the domestic semiconductor industry growth the complementary programs have spurred, including Micron's unprecedented $100 billion commitment to Central New York, which is expected to create nearly 50,000 jobs.
“As a Western New York native, I experienced the years of decline from the exodus of manufacturing from Upstate New York,” Governor Hochul said. “Those days are over. The start of construction on the newest Edwards Vacuum facility signals the beginning of a new chapter for both Western New York and the Finger Lakes regions. Edwards’ choice to build in New York State brings hundreds of good paying jobs and millions of dollars in investment Upstate while helping strengthen our domestic semiconductor supply chain, shorten delivery times for suppliers like Micron, reduce carbon emissions, and bolster national security.”
Senate Majority Leader Chuck Schumer said, “Today is a great day for the Western New York and Finger Lakes region, with Edwards Vacuum breaking ground on its $300+ million manufacturing plant, which will create an estimated 600 good-paying jobs and boost New York’s already booming semiconductor supply chain. Thanks to my CHIPS & Science Act, which continues to deliver investment after investment for Upstate NY, we are adding another stop to our semiconductor superhighway along the booming I-90 corridor Tech Hub with Edwards Vacuum’s groundbreaking today. I pushed Edwards Vacuum to come to New York because I knew we had the resources, infrastructure, and most importantly, the world-class workforce, to host this major company right here in Genesee County. Edwards is a leading developer of some of the most cutting-edge dry pumps needed to bring the massive cleanrooms of chip manufacturing fabs to life, and with their investment, we are helping bring one of the most critical elements of the semiconductor supply chain to Upstate NY. This is yet another example of my CHIPS & Science Law bringing manufacturing back to America, especially Upstate NY, and is only the beginning of the next chapter in Upstate NY’s manufacturing renaissance.”
Construction on the $127 million first phase of Edwards Vacuum's 240,000 square-foot campus will include manufacturing, warehouse, and administration facilities, with a capacity to produce 10,000 dry pumps per year. The all-electric facility will strive for LEED certification, with a majority of the power generated via hydroelectricity.
Edwards’ commitment to build in the U.S. comes after significant investments by the Biden Administration to increase domestic chip manufacturing, and the passage of the federal CHIPS and Science Act and New York’s Green CHIPS legislation, as well as a growing need to support its customers in North America. Edwards dry pumps are currently manufactured in Asia. By bringing manufacturing to New York, Edwards customers – including Micron and GlobalFoundries in New York, and Intel in Ohio – will experience shorter wait times, improved responsiveness and reduced CO2 emissions from an American-made product. Edwards estimates that when phase one is operational, it will reduce CO2 emissions by 13,000 tons per year.
Empire State Development has awarded Edwards Vacuum up to $21 million through a combination of performance-based Excelsior Jobs Tax Credits and Investment Tax Credits in exchange for 600 jobs, and an additional $1 million to support workforce development efforts and the training of a diverse and inclusive workforce. Additionally, the New York Power Authority is supporting the project though a 4.9-megawatt (MW) low-cost Niagara hydropower allocation and a 2.1 MW of High Load Factor power allocation that NYPA will procure for Edwards on the energy market. Low-cost Niagara hydropower is available for companies within a 30-mile radius of the Power Authority's Niagara Power Project or businesses in Chautauqua County.
Empire State Development President, CEO and Commissioner Hope Knight said, “The start of construction for Edwards Vacuum’s new facility signals that hundreds of good jobs and millions of dollars in investments are headed to Upstate New York. We are well on our way to becoming a global hub for advanced manufacturing and building a strong semiconductor ecosystem in New York State.”
New York Power Authority President and CEO Justin E. Driscoll said, “By leveraging low-cost hydropower, NYPA plays a pivotal role in attracting manufacturers of advanced technologies to New York. Edwards will be a key supply chain partner in New York’s globally recognized semiconductor industry, and the firm’s expansion will stimulate the region’s economy—creating hundreds of jobs and spurring hundreds of millions in capital investments.”
Semiconductors, and their supply chain partners, are vital to the nation's economic strength, serving as the brains of modern electronics, and enabling technologies critical to U.S. economic growth, national security, and global competitiveness. The industry directly employs over 277,000 people in the U.S. and supports more than 1.8 million additional domestic jobs. Semiconductors are a top five U.S. export, and the industry is the number one contributor to labor productivity, supporting improvements to the effectiveness and efficiency of virtually every economic sector — from farming to manufacturing.
Governor Hochul has taken significant action to ensure that New York plays a vital role in the reshoring of the semiconductor industry including New York's nation-leading Green CHIPS program that is attracting top semiconductor manufacturing businesses to the state and securing commitments to good-paying jobs, sustainability, and community benefits. Additionally, Governor Hochul created the $200 FAST NY program in 2022 to support the preparation and development of sites across the state. This program was designed to jumpstart New York's shovel-readiness and increase its attractiveness to large employers, such as semiconductors and clean tech and high-tech manufacturing companies. Since the program’s inception, ESD has awarded $175 million to 20 sites across every upstate region, including the Science & Technology Advanced Manufacturing Park (STAMP), to develop more than 2,500 acres. Governor Hochul also created the Governor’s Office of Semiconductor Expansion, Management, and Integration (GO-SEMI), which leads statewide efforts to develop the chipmaking sector.
In the FY 2025 Enacted Budget, Governor Hochul doubled down on her commitment to establish New York as a global hub for semiconductor research and manufacturing, including:
$100 million in funding for additional rounds of the FAST NY program.
$500 million for NY CREATES’ Albany Nanotech Complex – with a total State investment of $1 billion – to jumpstart a $10 billion partnership that will bring the future of advanced semiconductor research to New York’s Capital Region by creating the nation’s first and only publicly owned High NA EUV Lithography Center.
$200 million to establish One Network for Regional Advanced Manufacturing Partnerships (ON-RAMP) – a network of four new workforce development centers to prepare New Yorkers for the jobs of the future created by companies like Micron and Edwards Vacuum.
The bipartisan CHIPS and Science Act creates an Investment Tax Credit for semiconductor manufacturing facilities and supply chain partners such as Edwards Vacuum as well as a first-of-its-kind $52 billion in federal incentives, which Edwards is pursuing, to spur American semiconductor research, development, manufacturing, and workforce training to bring good-paying jobs back from overseas, strengthen national security, and reestablish America's technological leadership. The bill requires recipients of these incentives to make significant worker and community investments that support broad-based economic growth.
Accelerating Finger Lakes Forward
Today’s announcement complements “Finger Lakes Forward,” the region’s comprehensive strategy to generate robust economic growth and community development. The regionally designed plan focuses on investing in key industries including photonics, agriculture and food production, and advanced manufacturing. More information is available here.
Senator Kirsten Gillibrand said, “I am thrilled to see the start of construction on the Edwards Vacuum facility in Genesee County, which will create hundreds of good-paying jobs and grow the economies of both Western New York and the Finger Lakes. The construction of the Edwards Vacuum facility is just the beginning as New York continues to grow as a global leader in semiconductor manufacturing. I’m proud to have fought to pass the CHIPS and Science Act that helped lay the groundwork for companies like Edwards Vacuum to expand in New York, and I look forward to seeing the growth this facility brings to the region for years to come.”
Representative Joe Morelle said, “This exciting announcement is further proof of our region’s leadership in the global semiconductor industry. Not only will construction of Edwards Vacuum strengthen our supply chain and create good-paying job opportunities, it will also grow our economy and enhance our competitiveness on the world stage. I’m proud to have helped facilitate investments like this by passing the CHIPS and Science Act, and I look forward to continuing our work to cement our position as a center of innovation.”
State Senator George M. Borrello said, “This groundbreaking of Edward’s Vacuum and the investment, jobs and economic growth that will follow it will usher in a new chapter for Genesee County and strengthen its growing status as a hub for tech manufacturing. The path to this landmark moment was fueled by a grand vision for the STAMP site and years of planning, funding and hard work. Driving it forward all along was the conviction that this region and its world class workforce had the ingredients for success. The collaboration of dedicated local, state and federal partners brought us to this historic achievement and reflect our shared commitment to upstate’s resurgence. The future is limitless.”
Assemblymember Steven Hawley said, “I’m proud to see the announcement today that Edward’s Vacuum is starting construction at the STAMP mega-site. The 139th Assembly District has always been a hub of innovation and it's only fitting that it will be at the center of New York’s emerging semiconductor industry. This project is another step in the right direction toward growing the local economy, creating good-paying jobs and making New York a leader in this sector.”
Genesee County Legislature Chair Shelley Stein said, “Today’s announcement is reaffirmation of the positive attributes of Genesee County in bringing a company with the stature of Edwards Vacuum to the STAMP mega-site. Our community can be proud to be part of the growing semiconductor industry not only in New York State but across the nation and world. Genesee County’s location, people, and infrastructure make STAMP the ideal place for future industry growth here. We look forward to Edwards Vacuum’s continued success.”
Town of Alabama Supervisor Rob Crossen said, “We congratulate Edwards Vacuum on the start of construction at the STAMP mega-site. This latest milestone in the development of STAMP continues the realization of our shared vision for investments that improve the economy, attract good paying jobs, and enhance our community.”
GCEDC President and CEO Steve Hyde said, “As we work to grow our economy and deliver family-sustaining careers at the STAMP mega-site, having partners like Edwards Vacuum, Senator Schumer, and Governor Hochul is gratifying. The start of construction for this critical semiconductor industry project demonstrates the impact that STAMP provides in our shared state and federal vision to grow semiconductor and related advanced manufacturing sectors.”
Greater Rochester Enterprise President and CEO Matt Hurlbutt said, “Top-tier talent, world-class R&D resources, access to low-cost hydropower, and the premier infrastructure available at the STAMP mega site are some of the assets that made the Greater Rochester, NY region the right place for Edwards' expansion. We celebrate Edwards' groundbreaking at STAMP and the significant partnership Greater Rochester Enterprise (GRE) has formed with Edwards leaders and our regional economic development partners to reach this milestone in the company's expansion plans. GRE will continue to support Edwards by facilitating connections between the company's leaders and key stakeholders from business, community, and academia. This collaborative effort is aimed at ensuring a successful launch and further enhancing the ties between Edwards, the community, and the region's thriving advanced manufacturing and semiconductor sectors. We look forward to the positive impact this expansion will have on the Greater Rochester, NY region.”
“The Genesee County Economic Development Center (GCEDC) is pleased to announce that we are working closely with the towns of Oakfield and Alabama, along with the village of Oakfield and regulatory agencies, to construct a force main to accommodate the current projects at STAMP and a potential future project.
“This project would result in capital improvements to the Village of Oakfield wastewater treatment plant, including the installation of equipment to reduce the current phosphorus discharge into Oak Orchard Creek.
“As the Oakfield line cannot fully replace the Orleans County line, we will continue to pursue the force main to Oak Orchard Creek in the town of Shelby through a different construction method, and we look forward to working with the United States Department of Fish and Wildlife and the Tonawanda Seneca Nation as this process moves forward. The Oakfield plan alleviates the timing pressures for the build-out of the force main to Oak Orchard Creek.
“As a result of being recently notified by the USFWS that our permit for horizontal directional drilling for the force main to Oak Orchard Creek in the town of Shelby has been terminated, we are in the process of submitting a new permit application to propose an open cut construction method which will avoid the types of incidents that resulted from the former method.
“The determination by USFWS is unrelated to claims made by Orleans County regarding the force main to Oak Orchard Creek. Those claims brought by Orleans County were recently dismissed by the State Supreme Court following an Article 78 hearing.”
File photo of Plug Power facility under construction at WNY STAMP. By Howard Owens.
The Department of Energy has awarded grants totaling $75.7 million to Plug Power, the Latham-based green hydrogen power company currently constructing a production facility in WNY STAMP in the town of Alabama.
The funds are part of a $1 trillion infrastructure bill approved by Congress and President Joe Biden in 2021 and are intended to help with research and development of hydrogen fuel production.
The company has also applied for a $1.6 billion low-interest loan from the DOE. That loan is apparently still under consideration.
Plug Power is betting that hydrogen power will become a big winner in the race to develop clean, renewable energy to sustain the economy and protect the environment in the coming decades. The Latham-based company specializes in "green hydrogen," which is the generation of hydrogen fuel using renewable energy sources such as solar and hydropower. An apparent attraction of WNY STAMP is the ability at that location to tap into hydropower generated by Niagara Falls.
Plug Power aims to provide customers with fuel cells, electrolyzers (splitting water into hydrogen and oxygen), to liquid hydrogen fuel. Plug Power wants to provide distribution, delivery, and services and foresees a future for hydrogen that includes uses such as long-haul trucking.
Plug Power's executives have set ambitious goals -- producing 2,000 tons of hydrogen daily by 2030. At that rate, the company hopes to generate $20 billion in annual revenue at that point with a profit margin of at least 30 percent.
“The Bipartisan Infrastructure & Jobs Law is helping supercharge Upstate NY’s clean hydrogen sector. With this federal funding, Plug Power and other cutting-edge companies will be able to increase production capacity and spark new innovation to reach the next frontier of clean hydrogen manufacturing and research, all while supporting good-paying clean energy jobs and boosting the fight against climate change,” said, Sen. Charles Schumer. “Clean green hydrogen is one of the most exciting forms of new energy production, and with the major federal investments being made thanks to the Bipartisan Infrastructure Law and Inflation Reduction Act I championed, Upstate NY is poised to lead the way in powering America’s clean energy future.”
The grants are divided into two components.
The company will receive $45.7 million for the following project description:
The goal of this project is to establish and implement automation capabilities within our high-performance PEM stack manufacturing facility in Rochester, New York capable of producing 5,000 1 MW stacks per year.
This project will scale up manufacturing of proton exchange membrane electrolyzer stacks to the multi-GW scale, driving down costs to meet DOE targets. This project will automate membrane electrode assembly fabrication and stack assembly and enable automated inspection with machine learning to accelerate factory acceptance testing.
The project description for the second grant, $30 million:
This project will demonstrate a production pathway to meet a projected 2030 system cost of $80/kW for 100,000 heavy-duty fuel cell systems per year and automate the manufacturing of high-performance, low-defect membrane electrode assemblies in collaboration with the National Renewable Energy Lab.
The project will demonstrate an innovative expansion of their current manufacturing line.
“We are very appreciative and excited about the DOE's clean energy manufacturing initiatives and their profound impact on propelling Plug's industry-leading manufacturing capabilities in fuel cell and electrolyzer MEAs (Membrane Electrode Assemblies) and stacks," said Andy Marsh, CEO of Plug. “Congress enacted these policies to advance hydrogen and fuel cells as vital components of the United States’ climate strategy. This funding will advance Plug’s fuel cell and electrolyzer manufacturing capabilities, create good paying jobs in New York, and fortify the region’s leadership in the national clean energy transition.”
The company selected WNY STAMP for the construction of a liquid hydrogen plant in February 2021. The plant will cost more than $290 million to complete.
Plug Power expects to generate 74 tons per day of liquid hydrogen at its WNY STAMP plant. The company recently opened two new production facilities in Georgia and Tennessee, and the WNY STAMP plant is expected to open in early 2025.
Empire State Development is scheduled to pay up to $2 million in Excelsior Tax Credits in exchange for the creation of 68 jobs at the plant, or about $2,941 per job per year over 10 years. Plug Power is not eligible to receive the tax credits until the jobs are filled. The average starting salary is expected to be approximately $70,000 plus benefits.
As part of the project, Plug Power agreed to invest $55 million in a 450-megawatt electrical substation that will make electricity available to other WNY STAMP tenants.
The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District. Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.
In accordance with Security and Exchange Commission Rules, Plug Power disclosed in November that a shortage of cash threatened its ability to remain a "going concern" within the following 12 months. It suggested it could raise more cash by selling stock and that the company expected to receive a sizable loan from the Department of Energy.
Since then, Plug Power authorized B. Riley Securities to offer additional public shares of the company for sale at market rate with the goal of raising an additional $1 billion in capital. That agreement was announced in January. Since then, it has reportedly sold 77,417,069 new shares of stock, raising more than $300 million in cash. The company is continuing to sell new shares with a goal of selling another $700 million in 2024.
On Monday morning, the company announced its fourth quarter 2023 results and that it has removed its "going concern" guidance, stating, "The Company has determined it has sufficient cash on hand coupled with available liquidity to fund its ongoing operations for the foreseeable future."
It also announced record revenue of $891 million for the year, a 27% increase over the prior year.
However, the company continues to lose money and has never turned a profit, which, 25 years into its existence, continues to spook investors. After the Q4 report was released on Monday, the price per share of the company's stock dropped 17 cents and closed at $3.37. It hasn't traded above $5 since November. In early 2021, it was trading for more than $60 a share.
A sewer line is shown on Aug. 12 on Route 63 in the Town of Alabama. Genesee County Economic Development Center is trying to install the sewer main along 9.5 miles of Route 63 – from the STAMP site to Oak Orchard Creek. Construction was halted before the sewer line made it to Orleans after a lawsuit was filed. Photo by Tom Rivers.
A State Supreme Court justice on Thursday dismissed a lawsuit and temporary injunction against the construction of a nearly 10-mile-long sewer main from the STAMP manufacturing site in the town of Alabama along Route 63 to Oak Orchard Creek in the town of Shelby.
Judge Frank Caruso ruled in favor of the Genesee County Economic Development Center. GCEDC argued that Orleans County had 23 chances to state its objection to the sewer main since 2016 but waited until construction started to voice its opposition.
Judge Caruso cited the legal argument of “laches,” where there is a lack of diligence in making a legal claim. Attorneys for GCEDC argued in court that waiting until construction commenced on the project should be considered an unreasonable delay.
The judge also ruled in favor of GCEDC due to a statute of limitations. He made his decision from the bench in court today, following about an hour of arguments in the main courtroom of the county courthouse. He will also issue a written decision.
Orleans County officials say the county will appeal the decision and has other court options to try to halt the project.
“The fight here is not over,” said Alex Eaton, an attorney for the Orleans County Legislature. “We have several more paths to prevent Orleans County from becoming a dumping ground for STAMP sewer discharges.”
The county also has a lawsuit to be heard in April about GCEDC using eminent domain to take easements in Orleans County. The attorneys for Orleans said another county’s IDA can’t do eminent domain in another county.
Orleans also supports the Tonawanda Seneca Nation in its litigation against several federal entities regarding the permitting of the sewer pipeline.
“Orleans County leadership remains steadfast in our opposition to anything that puts Oak Orchard Creek in jeopardy,” Eaton, an attorney with Lippes Mathias, said in a statement released from the County Legislature. “The county and its residents rely on the creek for water, recreation and tourism, and that is why we will continue to protect the interests of our community. Again, while we are disappointed in today’s result, there is a long way to go before this issue is settled.”
Orleans County filed its lawsuit on Sept. 11, naming GCEDC, G. DeVincentis & Son Construction Co., Inc., Genesee Gateway Local Development Corporation, and STAMP Sewer Works, Inc.
Matthew J. Fitzgerald and James O’Connor of Phillips Lytle LLP appeared in court today on behalf of GCEDC. They contended that the sewer main underwent a rigorous environmental review of 9,200-plus pages and was ultimately approved by the state Department of Environmental Conservation, Army Corps of Engineers, and U.S. Fish and Wildlife Service. The attorneys said those agencies found no evidence of harm to Oak Orchard Creek or the community.
The sewer main would allow businesses at the 1,250-acre STAMP to discharge treated sewer water into the Oak Orchard. At STAMP’s peak, the sewer main could discharge up to 6 million gallons daily in the Oak Orchard. The sewer main is imperative for economic development at the site.
“STAMP does not survive without somewhere to discharge the treated sanitary water,” Fitzgerald said in court today.
Fitzgerald said the four-month statute of limitations passed after Orleans filed the Article 78 proceeding on Sept. 11, and the county failed to notify other parties that would be hurt if the lawsuit successfully halted the sewer main.
He said property owners who paid for easements for the temporary construction could lose out on payments. The Town of Alabama would miss out on 100,000 gallons of sewer capacity, and Niagara County Water District would miss out on selling water to the STAMP site. Orleans didn’t factor in those impacts in the lawsuit, Fitzgerald said.
The crux of the case, he said, was the contention that Orleans never gave its support for economic development from another county. But he said Orleans officials were notified in 2016, 2020, 2021, 2022, and 2023 to voice any concerns over STAMP, and GCEDC served as the lead agency.
“The response was silence,” Fitzgerald said. “They slept on their rights for approximately eight years. They could have objected.”
He said STAMP has about $100 million in public funds committed to developing the site so far, and about $1 billion has already been spent or committed in private investment.
Orleans' attorneys contend that Genesee County used its money through its industrial development agency to fund the sewer main and pursue eminent domain in another county, powers that an IDA does not have.
Jennifer Persico, an attorney with Lippes Mathias representing Orleans, said the STAMP sewer project clearly used Genesee County funds to move the project into Orleans County.
The GCEDC attorneys said the project was funded through state grants and wasn’t actually GCEDC money.
The town of Shelby also joined Orleans in the lawsuit. The Shelby attorney, Jeffrey Allen, said Shelby supports the efforts of Orleans County to halt the pipeline before it gets into Orleans. He said there are many violations of general municipal law related to the project.
Shelby previously supported the project, but he said that was a statement considering its environmental impacts.
“The consent was not that they could run roughshod over the autonomy of Orleans County,” Allen said in court.
Eaton, an attorney for Orleans County, said the case could be a landmark for the state. He said the courts should protect smaller neighboring counties from being forced to take on negative impacts from another county’s economic development efforts.
“This would be one of the biggest expansions of IDA power in New York State,” Eaton said.
The company's share price hasn't risen above $5 in four months after executives informed investors that it is facing a cash flow problem, and while it has made progress on improving its cash holdings and has increased production at plants in Tennessee and Georgia, there are stock analysts downgrading Plug Power as an investment opportunity.
Even so, Plug Power's leadership indicates the company is plowing ahead with plans to build the nation's leading fully integrated hydrogen power supply company -- a revolution in alternative energy production if Plug Power can pull it off.
One component of that plan is the completion of a hydrogen fuel production facility and electric substation at WNY STAMP, and officials with the company say the project remains on course for production to begin in the first half of 2025.
In collaboration with the New York Power Authority and National Grid, Plug Power expects to achieve its full capacity of 74 tons per day of liquid hydrogen production within that time frame.
"At this point, the majority of the work on-site to date has been laid underground to support the incoming power, drainage, and water management demands of a functional green hydrogen plant," officials said in a statement to The Batavian.
In accordance with Security and Exchange Commission Rules, Plug Power disclosed in November that a shortage of cash threatened its ability to remain a "going concern" within the following 12 months. It suggested it could raise more cash by selling stock and that the company expected to receive a sizable loan from the Department of Energy.
Since then, Plug Power authorized B. Riley Securities to offer additional public shares of the company for sale at market rate with the goal of raising an additional $1 billion in capital. That agreement was announced in January. There has been no news released on how that sale has proceeded.
Also, in January, Plug Power secured a $1.6 billion loan from the Department of Energy to help it complete six liquid hydrogen facilities (including, presumably, the facility at WNY STAMP). Plug Power is expected to receive the funds later this year. CORRECTION: Contrary to the news article cited, the loan has not been finalized, but according to a company representative, the company took another step in the due diligence process toward finalizing the loan. The representative said that Plug Power is at Step 3 of the process in the charge on this page.
Buffalo-based Investigative Post reported on Jan. 30 that the Tonawanda Senecas opposed the loan and were actively lobbying to stop it from going forward.
Two days ago, Seaport Res Ptn, a stock analyst firm, downgraded Plug Power from a "buy" position to "neutral," which made headlines in the business press. The Seaport researches projected lower earnings this year for Plug Power.
A New York-based company (Latham) was founded in 1999 and has yet to turn a profit. In its most recent earnings report, in September, it reported $890 million in revenue, a record for the preceding 12 months and a 38 percent year-over-year improvement. Over the same period, the company lost $283.5 million.
In January, Plug Power began fuel production at its new plant in Woodbine. Georgia. The plant is designed to produce 15 tons per day of liquid electrolytic hydrogen, which the company says can power 15,000 forklifts per day.
The two facilities coming online are expected to reduce Plug Power's cost of production and improve its move toward profitability.
The company's specialty is green hydrogen, which is hydrogen produced without fossil fuels powering the facilities, and then that hydrogen, when used as a fuel source, results in zero carbon emissions. (More info: Forbes Magazine video about green hydrogen featuring Plug Power)
Plug Power's long-term goals are enterprising -- to be the market leader in green hydrogen. It is building a "vertically integrated" business model, which means it can provide customers with hydrogen services in a variety of ways. For an idea of vertical integration, think of Apple. From Apple, you can get an iPhone, iPad, computer, or even earbuds that all work together seamlessly.
Plug Power aims to provide customers with fuel cells, electrolyzers (splitting water into hydrogen and oxygen), to liquid hydrogen fuel. They even provide companies like Walmart and Amazon with hydrogen-powered forklifts. Plug Power wants to provide distribution, delivery, and services and foresees a future for hydrogen that includes uses such as long-haul trucking.
Companies and consumers looking to hydrogen as a green-energy alternative to fossil fuels face many challenges, and Plug Power is attempting to provide solutions to those challenges. The nation currently provides little in the way of hydrogen production and infrastructure, according to industry analysts.
Plug Power's challenges include competition from other fuel sources, including natural gas, solar, and wind, as well as the steep price of building an entirely new vertically integrated infrastructure that can meet global demand.
"It's folks who really don't want hydrogen to be part of the solution, and I would contend they really don't understand," Marsh said. "I would like them to explain to me how you clean up long-haul trucking. I'd like them to explain how you do the last mile for 30 percent of the applications. I like them to explain how you do a fertilizer. I like them to explain how you do steel, which represents six or seven percent of the world's carbon footprint -- electricity solves none of that, and it's rather frustrating that if you're really thinking about how, from a system point of view, you clean up greenhouse gas. It's not really possible with their solutions."
He said solving climate change will take all of the green energy alternatives, even including nuclear power.
Plug Power's executives have set ambitious goals -- producing 2,000 tons of hydrogen daily by 2030. At that rate, the company hopes to generate $20 billion in annual revenue at that point with a profit margin of at least 30 percent.
According to Marsh, one ton of green hydrogen is the fuel equivalent of 2,000 gallons of gasoline.
The company selected WNY STAMP for the construction of a liquid hydrogen plant in February 2021. The plant will cost more than $290 million to complete.
Empire State Development is scheduled to pay up to $2 million in Excelsior Tax Credits in exchange for the creation of 68 jobs at the plant, or about $2,941 per job per year over 10 years. Plug Power is not eligible to receive the tax credits until the jobs are filled. The average starting salary is expected to be approximately $70,000 plus benefits.
As part of the project, Plug Power agreed to invest $55 million in a 450-megawatt electrical substation that will make electricity available to other WNY STAMP tenants.
The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District. Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.
The STAMP plant, based on available descriptions of the other plants operated by Plug Power, would be the company's highest capacity plant.
If Plug Power were to go out of business, there's no information available on what might become of the hydrogen fuel facility. When Pepsi/Muller closed its plant in Batavia, followed by the failure of Alpina, both plants readily found new operators in HP Hood and Upstate Milk Cooperative, respectively; while there are other hydrogen companies and other energy companies, it's unknown if any would be interested in the Plug Power facility if it became available.
Asserting rights over the Iroquois National Wildlife Refuge, the Tonawanda Seneca Nation has filed a lawsuit against the federal government in U.S. District Court over the U.S. Fish and Wildlife Service’s approval of a right of way for an industrial wastewater pipeline through the Iroquois National Wildlife Refuge.
The lawsuit asserts that the Nation has standing to sue because the refuge is historically and culturally interrelated with the Nation's ancestral territory, even though it is outside the boundaries of the Tonawanda Indian Reservation.
The pipeline, which received approval from both the Fish and Wildlife Service and the NYS Department of Environmental Conservation, is intended to move wastewater from WNY STAMP in the Town of Alabama to the north.
The Genesee County Economic Development Center, developers of STAMP, are not named in the Nation's lawsuit.
An official with GCEDC did not immediately respond to a request for comment.
The Nation is claiming that the pipeline approval violates the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, the National Environmental Policy Act, and the National Historic Preservation Act.
The pipeline is not compatible, under terms of the law, with the purpose of the refuge, the suit claims.
The suit asserts that the Wildlife Service violated these laws granting approval for construction of the pipeline and seeks injunctive relief, which would mean stopping further construction of the forced main.
"Consultation with an Indian Nation must occur regarding sites with 'religious and cultural significance' that are off tribal lands, and federal regulations instruct agencies to consider that historic properties of religious and cultural significance are often located on ancestral or ceded lands," the suit claims.
NOTE: The lawsuit is 82 pages long. This story is a summary of key points of the suit. To read the full document, click here (pdf)
The Nation claims that a 19,000-acre area that includes the Refuge, the Tonawanda Wildlife Management Area, the John White Wildlife Management Area and the Tonawanda Seneca Nation Reservation Territory from the Tonawanda Iroquois Oak Orchard Wetlands Complex, an area the nation is claiming is important to the Senecas for cultural and historic purposes.
"This relatively undeveloped corridor protects the culturally significant plants, animals, land, and water resources that are essential to Tonawanda Seneca traditional cultural practices and beliefs," the suit states.
The suit asserts the Nation wasn't afforded its right, under Federal law, to participate in the pipeline approval process.
"The Nation retains the right to practice its culture, religion and traditional lifeways within its ancestral Territory, both inside and outside its Reservation boundaries," the suit states, adding, "Cultural resources and historic properties of importance to the Nation are located on the Iroquois National Wildlife Refuge, based on traditional cultural knowledge of the Tonawanda Seneca Nation and as confirmed by the Fish & Wildlife Service’s 1992 survey of the entire Refuge."
The Nation will be harmed if construction of the pipeline is allowed to continue, according to the suit.
"Construction and operation of the industrial wastewater and treated sewage pipeline through the Iroquois National Wildlife Refuge will harm Nation citizens and their enjoyment of the Refuge, as well as the Nation’s cultural resources, which include both historical and archaeological resources and wildlife, plant, and water resources in their ancestral territory in Western New York."
The suit claims the wastewater treatment facility that will be connected to the pipeline will lead to noise, traffic, odors, vibrations, light, air, and water pollution, and that it will "negatively affect the Nation’s lands, waters, environment, cultural resources, and places of religious and cultural significance."
The suit claims that the Nation previously communicated its rights under the law to GCEDC in a letter in 2016:
The Nation’s sovereign right to its territory, including the natural resources of the territory, is protected by federal treaty. The Nation has federal reserved water rights attached to our territory and the STAMP project lies entirely in Seneca aboriginal land. Waters, including streams and wetlands, span the boundary between the STAMP site and the Nation. From time immemorial, our people have used and occupied the forests, streams and wetlands of the Nation’s territory, including those directly adjacent to the STAMP site. Fish, birds, deer and other wildlife pass freely through this area and many trees and plants, including medicinal plants, grow there. All of these are an integral part of the natural world that we give thanks and acknowledge every day as Haudenosaunee with the words given to us by the Peacemaker.
Previously, and primarily in response to the Orleans County lawsuit, GCEDC CEO Steve Hyde said he is not concerned about the legal challenges facing STAMP.
From The Batavian's prior coverage:
The northern route for the sewer line, he said, is the most environmentally sound option, which is why the route was recommended by the Department of Environmental Conservation.
"If you look at the reality of what we're dealing with, in that case, that particular situation, it is DEC permitted," Hyde said. "They spent three years reviewing the plans. The DEC directed us to put the flow there because it was the best place for the care of that water body versus where we were looking as an option in Genesee County. It would have been more environmentally challenging than to do it in Genesee, and that was the reason they selected that area. There was careful study by the authority that has the responsibility for maintaining and protecting our environment. And they issued the permit. And that permit is far more stringent than what the Medina Wastewater Treatment Plant is currently operating under because they're grandfathered.
"So when I look at the challenges that are before us and presented, it's procedural things, and with procedural things, there are always ways to find solutions. So I am not at all concerned about proceeding, because it's a long pathway to do all this stuff anyway. And at the end of it, by proceeding, we're going to enjoy greater economic vibrancy here in this region."
Photo via Genesee County Economic Development Center.
Uncertain about its ability to raise more investment capital, Plug Power, currently building a hydrogen fuel cell plant in WNY STAMP informed the Security and Exchange Commission in a filing on Friday that it may not have the ability to remain a "going concern" over the next 12 months.
The Latham-based company started selling public stock in 1999 and has never reported a profit, which is not unusual for early-stage start-ups.
The company is working on several options to raise more capital, such as "various financing solutions from third parties with a particular focus on corporate level debt solutions, investment tax credit related project financings and loan guarantee programs, and/or large scale hydrogen generation infrastructure project financing."
The net losses for Plug Power in the third quarter were $0.47 per share for the third quarter, steeper than the $0.30-per-share loss expected by analysts.
In the filing, the company emphasizes the uncertainty of the effort.
"Those plans are not final and are subject to market and other conditions not within the Company’s control," the company stated in the filing. "As such, there can be no assurance that the Company will be successful in obtaining sufficient funding. Accordingly, management has concluded under the accounting standards that these plans do not alleviate substantial doubt about the Company’s ability to continue as a going concern.
News of the weaker-than-expected earnings report and the liquity problems drove Plug Power's stock price down from $5.93 per share to $3.53 per share.
Plug Power's chief financial officer, Paul Middleton, according to Yahoo Finance, characterized the wording of SEC filing as language required by standard accounting principles but the company remains confident about its future.
"It's a lot more conservative obviously than what we feel like," Middleton added. "But I have a $5 billion balance sheet that's unlevered. I mean, I really don't have any debt. So, we still are extremely confident about the range of parties and solutions that we're working with."
The company reported $5.4 billion in assets, including $110 million in cash with an operating loss in the third quarter of $273.9 million.
The Company’s working capital was $1.3 billion as of Sept. 30, In addition, the company has available-for-sale securities and equity securities of $388.8 million and $67.8 million, respectively.
The company stated that it "expects to generate operating losses for the foreseeable future as it continues to devote significant resources to expand its current production and manufacturing capacity, construct hydrogen plants, and fund the acquisition of additional inventory to deliver our end-products and related services."
CEO said in an earnings call that the third quarter was difficult.
"Over the past several months, there have been enormous challenges associated with the availability of hydrogen, primarily due to downed plants, including our Tennessee facility, and temporary plant outages across the entire hydrogen network," he said.
Plug Power is building a $290 million fuel cell plant at STAMP in the Town of Alabama. The company is being (most of the funding is contingent on completion of the project) financially backed by the Genesee County Economic Development Center and New York State.
A GCEDC official did not immediately respond to a request for comment on the SEC filing.
Here is the full paragraph of a key statement in the filing:
These conditions and events raise substantial doubt about the Company’s ability to continue as a going concern. In accordance with Accounting Standards Update ("ASU") No. 2014-15, “Disclosure of Uncertainties about an Entity’s Ability to Continue as a Going Concern (Subtopic 205-40),” management has evaluated whether there are conditions and events, considered in the aggregate, that raise substantial doubt about the Company’s ability to continue as a going concern within one year after the date of the condensed consolidated financial statements are issued and has determined that the Company’s ability to continue as a going concern is dependent on its ability to raise additional capital. To alleviate the conditions and events that raise substantial doubt about the Company’s ability to continue as a going concern, management is currently evaluating several different options to enhance the Company’s liquidity position, including the sale of securities, the incurrence of debt, or other financing alternatives. The Company’s plan includes various financing solutions from third parties with a particular focus on corporate-level debt solutions, investment tax credit-related project financings and loan guarantee programs, and/or large-scale hydrogen generation infrastructure project financing. Those plans are not final and are subject to market and other conditions not within the Company’s control. As such, there can be no assurance that the Company will be successful in obtaining sufficient funding. Accordingly, management has concluded under the accounting.
It's been 15 years since Steve Hyde first conceived of a massive, high-tech industrial park in Genesee County, and in 2023 Hyde is still focused on turning WNY STAMP into a fully realized mega site in the Town of Alabama even as the project faces its biggest legal challenges yet.
Hyde, the CEO of the Genesee County Economic Development Center, and Jim Krencik, the agency's marketing director, spoke with The Batavian on Friday primarily to discuss a new $56 million round of funding from New York State.
The infusion of cash, Hyde shared in his unbowed enthusiasm for all things STAMP, will help take STAMP -- with two projects already being developed -- to the next level, making it more attractive to a new wave of site selectors.
"It helps get Edwards what they need to get up and running and hiring their first 300 or so employees and building their first quarter million square foot factory," Hyde said. "The future is really that 310-acre campus (see map above) that's pretty much the largest available parcel in the state, and (the funding) fully makes it plug-and-play ready. That's really where I think the benefit is. That's where the interest is.
“You know, I couldn't have envisioned 15 years ago when this was a twinkle in my eye, and the board was helping me shape the thoughts and the strategy around it -- I just couldn't have imagined that 15 years later, we've got big sites like these out there. (We've got them) because of the chip sector, because of the Federal IRA (Inflation Reduction Act), because of the big focus right now -- all these big electric vehicle plants, battery plants, chip fabs, supply chain support for the chip fabs, solar projects,” he said. “There are less than two dozen mega sites at the same level of development as STAMP in the entire country. We're seeing deal flow right now like never before. And the more you can build the capacity, the infrastructure and really have it ready to support a company's timeline, it makes us far more competitive."
At the same time, GCEDC received notice from the U.S. Fish and Wildlife Service to temporarily halt the construction of a sewer line through the Iroquois Wildlife Preserve.
Hyde believes GCEDC will get past these challenges and be able to carry on with the agency's original plans, but if not, plans are being developed for alternative solutions, he said.
As for the lawsuit, Hyde said, "I'm really confident in the strength of our arguments."
The northern route for the sewer line, he said, is the most environmentally sound option, which is why the route was recommended by the Department of Environmental Conservation.
"If you look at the reality of what we're dealing with, in that case, that particular situation, it is DEC permitted," Hyde said. "They spent three years reviewing the plans. The DEC directed us to put the flow there because it was the best place for the care of that water body versus where we were looking as an option in Genesee County. It would have been more environmentally challenging than to do it in Genesee, and that was the reason they selected that area. There was careful study by the authority that has the responsibility for maintaining and protecting our environment. And they issued the permit. And that permit is far more stringent than what the Medina Wastewater Treatment Plant is currently operating under because they're grandfathered.
"So when I look at the challenges that are before us and presented, it's procedural things, and with procedural things, there are always ways to find solutions. So I am not at all concerned about proceeding, because it's a long pathway to do all this stuff anyway. And at the end of it, by proceeding, we're going to enjoy greater economic vibrancy here in this region."
Fish and Wildlife has not completely killed off the sewer line project with its stop-work order. GCEDC must come up with a plan to better contain and remediate potential environmental hazards during construction following two leaks in late summer and early fall of material used to help create boreholes for the pipeline.
He (Masse) said that during the construction of the wastewater pipeline, a channel is drilled through the subsurface and then filled with what is essentially mud to hold the line's shape while the pipe is slid into place.
"It's basically water and clay," Masse said. "The soil is so soft that it actually ended up going out through the soil. We've done the appropriate cleanups, we had an approved frac-out plan with the DEC ahead of time as part of our permitting. We are making improvements to it, and all of that cleanup and review is subject to the DEC review."
Asked to clarify what happened, Masse said, "In some cases in the refuge, the ground is so porous that when they put the mud in, it leaks out through the sides. It came up to the surface. And that's what they call a frac-out. But it is nothing more than mud. So we had vac trucks on site and cleaned it up. We have subject to DEC inspection on that and in accordance with our frac-out plan."
Calling the substance "mud" is technically accurate, but it is also an incomplete explanation.
There was a small spill in August, followed by a 100-gallon spill on Sept. 7.
Both spills contained "Wyoming sodium bentonite clay slurry," according to Fish and Wildlife.
Sodium bentonite is a naturally occurring substance, but it isn't naturally occurring in the water of a wetland.
It is a water-absorbent mineral clay. You might find it in your kitty's cat sand. It is also used as a cleansing agent in wastewater treatment, a clumping agent in metal casting, a sealant in water ponds, and, yes, as a mud additive (generally considered environmentally friendly in such uses) in drilling.
The biggest concern of Fish and Wildlife was apparently the lack of a swift response to contain and clean up the second spill and the lack of proper notification to regulators on the day of the spill.
Fish and Wildlife stated in its notice letter, "This discharge was not contained on the project site and ultimately spread over an area of approximately 200 feet by 120 feet."
It states that appropriate measures were not taken to implement, install and maintain measures necessary to prevent discharge of pollutants from the site.
"When department staff were at the site on Sept. 8, despite that the frac-out had occurred over 24 hours earlier, the fracking muds and fluids had not been removed from the impacted freshwater wetland and adjacent area, and no representatives of the permittee were present," states the notice.
Fish and Wildlife takes the spill and the response seriously enough that it notes GCEDC faces potential fines pending further investigation.
Before pipeline construction can resume, GCEDC must develop a plan to reduce the chances of future spills and for a better remediation effort if there is an accident.
About a week ago, in an email interview with Krencik, he stated:
Drilling for the force main installation has been halted for the construction season to avoid any conflict with snow removal services. In addition, at the request of regulatory agencies, additional geotechnical investigations have been performed to further define the soil conditions to assist our construction teams. GCEDC and the STAMP Sewer Works Corporation (SSWC) are working closely with NYSDEC and other regulatory authorities to resolve any concerns and ensure cleanup of the release of any drilling fluids from these two frac out events before resuming construction of the force main installation during permitted construction windows next season.
The $56 million awarded to STAMP by Gov. Kathy Hochul's office is the second considerable investment in STAMP by the state. In 2014, STAMP received $33 million for infrastructure and to jump-start project development.
"It's all about capacity," Hyde said. "That $33 million, especially in this era of inflation, got used for a lot of things. That money was used to build the initial infrastructure, but it was also invested in finishing up the design and permitting of the site, which of course, takes time and money. It built the baseline roadways, built some stormwater ponds, got us going on the force main ... it was really a lot of the engineering, design, the planning and permitting, baseline infrastructure. This (the new award) expands those capacities and adds some critical pieces."
Krencik added, "We've always been trying to stay ahead of where the market is. That (the $33 million) really got our foot in the door and enabled the first projects that you're looking at being implemented as phase one projects."
There is a 310-acre plot in STAMP that Hyde said is the largest such parcel available in the state, and the new round of funding will help make it more interesting to site selectors.
There is demand for the sites still available in STAMP, Krencik said.
"When you look across our sales funnel, that's what we're seeing," Krencik said. "The demand is roughly fitting in with us, and infrastructure, it takes time. That's why you do all the due diligence, all the permitting, getting all the permits for the DEC, the town of Shelby, all these pieces getting it done. It really gets ahead of these things. And with the substation being built, a lot of this stuff is being built. The state support is a pretty clear signal of what they're feeling."
The electrical substation, both Krencik and Hyde said, is a critical component of making STAMP more attractive to site selectors and more competitive with other industrial parks.
"Electrical infrastructure, that has been one of the longest lead time items we've faced, and it is coming in right now," Krencik said. "That's one of the biggest things giving companies confidence (in STAMP)."
Hyde said the substation will provide 600 megawatts of power, which is enough to power 600,000 homes and to energize high-tech companies at the scale they need.
And all of these numbers add up to more numbers, numbers in the form of good-paying jobs that won't require college degrees, Hyde noted.
"The beauty is, these jobs are kind of that next-level jobs for the community,' Hyde said. "I mean, our average income in our manufacturing jobs is in the low 60s right now, which is really good. It's good earnings for families, especially if you put a couple of those together, right? You have a good family-sustaining income. These jobs (at Plug Power and Edwards) are around 30 percent higher than that, so we're north of $80,000 on average between all the jobs being planned. That's kind of the goal, right? STAMP is about trying to elevate our economic vibrancy for our residents and our kids. The gratifying thing is that with the first two companies that have committed here, we're already seeing what the earnings and the wealth generation will be for our community."
Plug Power, one of the two new developments in STAMP, under construction. Photo via Genesee County Economic Development Center.
Governor Kathy Hochul today announced that nearly $90 million has been awarded for six locations under the Focused Attraction of Shovel-Ready Tracts New York grant program. First announced in February 2022, the program is designed to prepare and develop sites across the state to jumpstart New York’s shovel-readiness and increase its attractiveness to large employers and high-tech manufacturing companies. The program, administered by Empire State Development, will help diversify New York State’s economy while propelling new investments for businesses, communities, and job creation.
“Through the FAST NY grant program, New York is continuing its commitment to investing in and expanding economic growth and opportunity across the state,” Governor Hochul said. “This funding will prepare shovel-ready sites that key industries like semiconductors and renewable energy are looking for and will create good jobs and grow local economies for generations to come.”
There are seven projects mentioned in the press release. Here is the section on WNY STAMP:
Genesee County Industrial Development Agency (IDA), Genesee County – $56 million: The Western New York Science Technology Advanced Manufacturing Park (STAMP) is a 1250-acre mega site, with access to significant power, water and completed pre-development. STAMP is the largest remaining site in New York State, which has already committed over $50 million to the site and where Plug Power’s green hydrogen project is currently under construction and Edwards Vacuum will be starting construction on their dry pump factory next spring. STAMP is integral to the recent EDA Regional Tech Hub designation for the Buffalo-Rochester-Syracuse corridor and the state’s strategic goal of creating a “semiconductor superhighway” across Upstate. This phase of the project focuses on building the remaining infrastructure to support advanced manufacturing projects including a wastewater treatment facility and pump station, force-main components, natural gas transmission main tap and extension within the site, road construction improvements and a water transmission main. Total project cost: $62.37 million
“The FAST NY award announced by Governor Hochul today demonstrates her steadfast commitment to next-generation site development that will bring emerging business sectors in semiconductor and advanced manufacturing to our region.
“This award creates significant momentum in our efforts to design, engineer, and secure permits for infrastructure at STAMP, including current projects that have been announced to date that are anticipated to generate $1 billion of private sector investment and the creation of over 600 family-sustaining jobs.
“The FAST NY award also follows Senate Majority Leader Schumer’s recent announcement of the Buffalo-Rochester-Syracuse regions being designated as a federal Tech Hub, which will only enhance continued interest at STAMP by companies in these business sectors.”
Dr. Kirk Scirto, a family physician in Akron, spoke in opposition on Thursday night to plans for Edwards Vacuum and WNY STAMP. Photo by Howard Owens.
CLARIFICATION: Dr. Kirk Scirto informed us on Oct. 18 that he did not say that he represented the Seneca Nation.
It's unusual for opponents of a development project to speak at Genesee County Planning Board meetings, but two people opposed the proposed Edwards Vaccum plant at WNY STAMP and of the STAMP project itself were at Thursday's meeting.
Both spoke after a representative of Edwards made his presentation to the board and after the board voted to recommend approval of the site plan review and final subdivision.
Both speakers raised a number of environmental concerns, all of which were later refuted in interviews after the meeting by representatives of Edwards and the Genesee County Economic Development Center.
Edwards is proposing a manufacturing facility that will be 236,000 square feet and sit on a 50-acre parcel. The company is a subsidiary of Atlas Copco Group and is planning a $319 plant that will build a semiconductor dry pump, a necessary component in maintaining cleanrooms for companies that make computer chips.
Dr. Kirk Scirto, a family physician in Akron, said he represented the Seneca Nation as well as a coalition of environment groups and as many as 500 residents who oppose both the Edwards Vacuum project as well as STAMP.
"I urge you strongly to recommend disapproval of the Edwards vacuum project," Scirto said. "Know that Tonawanda Seneca Nation lies at the border, immediately at the border of STAMP. They have sued to block its development along with a separate suit to do the same by the Orleans County Legislature. And now the town of Shelby has joined us in the suit. The community impacts of this project in Genesee County are also very troubling, and it's shocking that entities in Genesee County have not yet sued. Although that should change shortly."
The other opposition speaker was Evelyn Wackett, who admitted that she didn't know anything about WNY STAMP, despite heavy coverage of the high-tech industrial park in local and regional news outlets for more than 13 years, until this past Arbor Day. Wackett, a resident of Buffalo, said she is a licensed wildlife rehabbed in Erie County.
"As I looked into it and learned about it, I kind of started getting a little bit upset," Wackett said. "It seems to me a little fishy the way things are going on with this whole project. We come out of the COVID lockdowns, and all of a sudden, Plug Power is there. And now Edwards is coming in."
Vehicle Traffic Scirto's first objection was to traffic in and out of the Edwards site, both for the additional traffic on local roads and emissions.
"The Edwards Vacuum project would be an immense generation of traffic, according to the February 2023 SEQR that was written by the Genesee EDC," Scirto said. "We've heard some different estimations today, so I'm a bit confused about that. According to GCEDC, vehicles would be expected to enter the leave STAMP every one to two seconds all day every day. This would dramatically slow down local routes, including routes 77 and 63, which may be forced to become 30-mile-per-hour roads."
It's not clear where he got the speed-limit change data.
"Air pollution would be a second major impact, and it will be produced by diesel trucks and other vehicles, and in the chemical emissions of Edwards vacuum itself," Scirto said.
Mark Masse, senior VP for operations for GCEDC, suggested Scirto is misreading the SEQR (an environmental review document) that included the WNY STAMP infrastructure projects and both Edwards Vacuum and a parallel warehousing development that hasn't been discussed much publicly. In the SEQR report, nearly all of the contemplated traffic, Masse indicated, could be attributed to the warehouse project.
The estimated one or two truck trips per day for STAMP, as discussed by David Ciurzynski, a local consultant representing Edwards Vacuum in the meeting, is accurate, Masse said.
"It (the SEQR) was about a 23-page resolution," Masse said. "I'm sure if somebody was unaware of what they were looking at, it would be easy for them to get confused."
Toxins and Chemicals "If they're able to dodge the extensive lawsuits already initiated and those which will be coming shortly, then they will be allowed to emit various toxins into the air," Scirto said. "Some of these toxins can cause cancer and irritate the eyes in the respiratory tract of people. This, combined with air pollution, would cause or worsen asthma, allergies, emphysema, respiratory infections, and heart disease, especially for those living closest to the factory and its intense traffic."
He said documents on the company website reveal that Edwards Vacuum uses chemicals and fibers that are dangerous to human health.
Ciurzynski said that Scirto is using outdated documents and documents not relevant to this project to make his claims. He said Edwards makes a wide range of products that are referenced in publically available documents, but the company is making a very specific pump in the facility. There is no foundry, and nothing dangerous will be emitted from the factory, so much of what Scirto referenced is irrelevant.
"We're not releasing any toxins," Ciurzynski said. "Our process -- we're not releasing anything. Air permits will be issued by the DEC. They're required because every building has exhaust, so we have to get permits from the DEC. They are going to be approved by the DEC to all be basically zero emissions. We're not releasing anything into the sewers other than toilets and sinks and things like that. So it's human waste, you know, from people working in our plant. Our process water, any wastewater that we have (from manufacturing), is getting toted off-site. Everything that we're doing is intentional to minimize the effect on our community and our systems. We're not, we don't want to tax any part of the community. We don't want to tax the community. So that's why we made these extra efforts to make sure that those processes are handled properly."
Fire safety "The protection of community character would be challenged by the threat of explosions from Edwards vacuum," Scirto said. "According to their safety data sheets, they use dozens of flammable and several explosive chemicals."
Ciurzynski said, "We're building a specific pump here. It's not all of Edwards vacuums products. We don't have chemicals that are spontaneously going to combust. Everything is going on is within the regulations of the EPA and the DEC."
Wetlands Scirto also claimed that Edwards is planning to build on top of environmentally sensitive wetlands and faulted The Batavian for previously reporting otherwise.
The Batavian's prior story was based on official government reports that could have easily been obtained by Scirto prior to the meeting. Both representatives of Edward and GCEDC said both the planning document and The Batavian's story were accurate. There will be no wetlands disturbed by the Edwards facility.
Wackett said, "In the article in The Batavian, I read about the wetlands and not disturbing the wetlands. Well, let me make a comment that we already disturbed the wetlands. How many spills have we had now already trying to construct this sewer pipe? 600 gallons of fracking fluid is now inside the refuge. That endangered bog turtle. That endangered short-eared owls. And all that endangered northern Harrier -- all those species depend on these wetlands. It's a migratory bird route that you guys just decided to, I don't know about you guys (meaning the planning board), but Genesee County Economic Development Center decided to just plop an industrial park right in the middle of the Tonawanda State Wildlife Management Area, the Iroquois National Wildlife Areas, protected area. I don't understand how they can just put a sewer pipeline in the middle of it."
The STAMP project is entirely outside of both protected areas.
Masse said in the hallway as soon as the meeting was over, "To clarify, there are no wetlands being impacted by this project."
Ciurzynski immediately added, "Your story was accurate. Our survey has been registered with the town and this county. To avoid this (wetlands), we didn't buy that land (containing wetlands)."
As for Wackett's claim that GCEDC that "600 gallons of fracking fluid is now inside the refuge," Masse said that statement isn't accurate.
He said during the construction of the wastewater pipeline, a channel is drilled through the subsurface and then filled with what is essentially mud to hold the line's shape while the pipe is slid into place. "
"It's basically water and clay," Masse said. "The soil is so soft that it actually ended up going out through the soil. We've done the appropriate cleanups, we had an approved frac-out plan with the DEC ahead of time as part of our permitting. We are making improvements to it, and all of that cleanup and review is subject to the DEC review."
Asked to clarify what happened, Masse said, "In some cases in the refuge, the ground is so porous that when they put the mud in, it leaks out through the sides. It came up to the surface. And that's what they call a frac-out. But it is nothing more than mud. So we had vac trucks on site and cleaned it up. We have subject to DEC inspection on that and in accordance with our frac-out plan."
He said the frac-out has been cleaned up, and while still subject to a DEC follow-up inspection, Masse indicated the event posed no threat to wildlife.
Owls "I just need to make the comment for the short-eared owl," Wackett said. "From what I understand and what I've read, that the short-eared owl has already declined in numbers since this project has started."
Masse said GCEDC has followed all DEC guidelines and regulations regarding the short-eared owl and north Harrier.
"Essentially," Masse said, the short-eared owl northern Harrier issue has been resolved as we've received a permit to be able to develop that property. As a part of that, we've created a grassland habitat for those birds as the offset for the impact and taking that property. And that permit was issued, I think, in June or July."
As for Wackett's claim that the owl population has already declined, Masse said there is no evidence of that, and there can't be any definitive evidence because of the migratory habit of the species.
"We've done studies over the years, and those birds are non-geo specific, which means they don't come back to the same location every year," Masse said. "So they could be here one year, they could go somewhere else for six years, they could come back here in year seven. I'm sure statewide studies are being done, but whether those are higher or lower, it's hard to tell."
Lawsuits At the start of his talk, Scirto said the Seneca Nation had sued to stop the STAMP development. It's unclear if that was a reference to the 2021 lawsuit filed against GCEDC that was later settled or if he believes there is a pending lawsuit. GCEDC officials are unaware of any pending lawsuit filed by the Seneca Nation.
Orleans County has filed a lawsuit in a dispute over the sewer pipeline project that runs north into Orleans County. It's not clear from the language of the suit that the aim is to "stop" STAMP, as Scirto claimed during the meeting. The Town of Shelby recently voted to join the lawsuit, even though Shelby previously approved the pipeline.
Whatever is going on with the lawsuits, Edwards Vacuum is not concerned, Ciurzynski said.
"It doesn't concern us because we do care about the environment," Ciurzynski said. "We care about the local people, the farmers. Something people need to know is Edwards Vacuum and Atlas Copco are really conscientious and intentional about their science-based initiatives to reduce their global footprint, global carbon footprint."
Returning to the issue of emissions raised by Scirto, Ciurzynski indicated Edwards has a plant in Korea doing what the Alabama plant will do, but it is "landlocked." It can expand. The STAMP site gives Edwards room for growth, but it also means its products will no longer be shipped by air cargo to the U.S., which will cut carbon emissions.
"Unfortunately, in building, you're not gonna make everybody happy," Ciurzynski said. "We can't keep everything pristine and green. We're trying to keep more than 60 percent of the site green. We're trying to make the building as green as possible by going all-electric, not having fossil fuels.
As part of the green effort, the site will have walking paths so people can enjoy the green space.
Masse said GCEDC has been complying with environmental regulations throughout the planning and development process.
"We've been working with the DEC, the Army Corps of Engineers, and our permit through the Wildlife Refuge took five years to obtain. There were two public meetings, and public hearings were held, and with that, there was a NEPA process done. We followed all the appropriate regulatory steps through this process to date. We are as transparent, and I think you would admit that we are as transparent and organization as you're going to find. We've done everything out in the open. We've done everything in the public. We've done every approval we need to do, and we continue to, and I don't think people realize how much the regulatory agencies have oversight over all construction, over all of the development. You talk stormwater management to the DEC. You talk about construction safety to the Town of Alabama. Operational-wise, it's the town of Alabama, it's the DEC. So there are enough regulatory agencies where I don't think a company would be able to do some of the things that had been said here today without being found immediately, without having somebody know what's going on. So I don't know if they just don't understand how development works. But the amount of oversight and regulatory oversight that happens in New York State is a lot."
The Seneca Nation Both Ciurzynski and Masse said Edwards and STAMP want to be good neighbors to the Tonawanda Indian Reservation.
"We do care about Native Americans," Ciurzynski said. "We want them to be part of our facility. We want them to work with us. We want them to work at our facility. We want to provide livelihoods so that they can have generational jobs that they don't have to drive miles to get to. It's right next door. You can have a good job and work with wonderful people in a LEAD-certified building that's as green as possible."
Masse said GCEDC has always been open to working with tribal leaders.
"We've been outreaching with the Nation diligently for at least the last seven years, if not the last 13," Masse said. "They just choose not to participate, which is their right."
Public Awareness As to the implication raised by Wackett that people have been kept in the dark, Masse noted that GCEDC has hosted a number of well-publicized public meetings and public hearings. There was ample opportunity 13 years ago to raise the objections being raised now.
"There are 60,000 people in Genesee County, and we had two people show up who opposed this and said they said they had 500," Masse said. "In the grand scheme of things, you know, I understand people want to be heard. But the majority of the people here, like the Town of Alabama, spoke 13 years ago. And quite honestly, the time to express your concerns about the project would have been 13 years ago when we were going through the EIS process. I think we held 25 to 30 public meetings. So you know, that process was a public process. And there are a lot of concerns voiced, but at the end of the day, the community overwhelmingly was in favor of it."
David Ciurzynski, a local consultant representing Edwards Vacuum, during his presentation on Thursday to the Genesee County Planning Board. Photo by Howard Owens.
Evelyn Wackett, a wildlife rehabber from Erie County, spoked against STAMP at Thursday's Planning Board meeting. Photo by Howard Owens.
A sewer main is shown along Route 63 in the Town of Alabama in the Iroquois National Wildlife Refuge on Sunday. The Town of Shelby wants to join an Orleans County lawsuit against the sewer construction in Orleans County and the discharge of treated wastewater into Oak Orchard Creek. Photo by Tom Rivers
The Town Board, in a 4-1 vote this evening, decided it wants to join an Orleans County lawsuit that seeks to stop construction of a sewer main along Route 63 from the STAMP manufacturing site in Alabama to the Oak Orchard Creek in Shelby.
Orleans County on Sept. 11, filed suit in State Supreme Court to stop a sewer line from coming into the Town of Shelby and depositing up to 6 million gallons of what Orleans says is “contaminated” water into the Oak Orchard Creek.
The county alleges that the Genesee County Economic Development Center formed a “sham corporation” in STAMP Sewer Works to make the 9.5-mile-long sewer main happen.
Orleans officials worry the sewer discharge could impair the water quality of the creek, cause flooding and hurt economic development opportunities at the Medina Business Park.
Scott Wengewicz, Shelby town supervisor, said he agrees with the concerns voiced by the county in opposing STAMP.
Shelby will spell out its reasons for objecting to the project when it files a notice to intervene with State Supreme Court Justice Sanford Church. The judge has set a court date for Oct. 23 at the County Courthouse in Albion for the initial hearing in the Orleans lawsuit. He also has issued the preliminary injunction to not allow any sewer main construction in Orleans County until the arguments are presented in court.
Kathy Bennett, the Shelby attorney, said the town has “a right to have at seat at the table” in court and any other discussions about the project.
“We are clearly an interested party,” she said after this evening’s Town Board meeting.
Ed Zelazny, a town councilman, cast the lone vote against seeking to join the lawsuit. Zelazny said the Town Board previously voted in support of the STAMP Sewer Works. That was in a 5-0 vote on Oct. 13, 2020, when Shelby provided its consent to the forming of STAMP Sewer Works.
Zelazny said the Town Board should have demanded money to ease town taxes as part of the vote, and the board members then should have stated their concerns about the impact on the Oak Orchard.
Zelazny said he doesn’t want to see the town commit to spending taxpayer dollars on another lawsuit.
Bennett, the town attorney, said the vote from the Town Board about three years ago was only for the formation of STAMP Sewer Works and didn’t give Shelby’s blessing to discharge wastewater from STAMP into the Oak Orchard.
STAMP would send up to 6 million gallons a day at full capacity. The first two tenants at STAMP – Plug Power and Edwards Vacuum – would have a daily discharge of 50,000 gallons of treated wastewater, GCEDC said.
Last night, the Orleans County Legislature voted unanimously for a resolution to preserve the Oak Orchard River and local tributaries in Orleans County.The Legislature continues to push back against Genesee County’s Science & Technology Advanced Manufacturing Park’s (STAMP) plan to discharge to six million gallons of wastewater a day from STAMP into Oak Orchard River by way of the Town of Shelby.
“Tonight’s resolution and the lawsuit we filed last week to prevent this wastewater discharge are not actions we take lightly, as we have a long record of partnering with our friends in Genesee County,” said Lynne Johnson, Chairman of the Orleans County Legislature.“But partnerships are built upon being able to have conversations on difficult topics like wastewater and then cooperating on a solution that works for everyone.
“Yet, throughout this process, Genesee County and their economic development agency have not engaged with Orleans County leadership, developed a plan in the backroom to dump wastewater in Orleans County without our input and then, when questioned, just decided to attempt to steamroll us, rather than work together.I cannot express enough the level of disappointment we feel in their actions.”
Johnson said the resolution clearly states the concerns Orleans County has regarding the wastewater discharge, including impacts on tourism, sport fishing, flooding, property damage, declining real estate values and more.Johnson believes there are other avenues Genesee should be exploring for managing wastewater.
“I have said all along and want to repeat it again, that our legislators are in support of STAMP and the economic development projects that will lead to investment and jobs for our entire region,” said Johnson.“But that economic growth cannot come at the expense of Orleans County’s natural resources.
Johnson also acknowledged the efforts of New York State Assemblyman Steve Hawley, who represents both counties in the State Legislature and has been attempting to mediate a solution.
“We appreciate that Assemblyman Hawley is taking an active role in bringing all parties together,” said Johnson.“We must work together on an alternative.”
