October 21, Philip Giudice, Commissioner Massachusetts Department of Energy Resources 100 Cambridge Street, Suite 1020 Boston, MA 02114

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1 October 21, 2010 Philip Giudice, Commissioner Massachusetts Department of Energy Resources 100 Cambridge Street, Suite 1020 Boston, MA Dear Commissioner Giudice: The National Association of State Foresters (NASF) represents the directors of forestry agencies from the fifty states, eight U.S. territories and associated states, and the District of Columbia. State Foresters have the primary responsibility for the restoration, management and protection of 2/3rds of the nation s forests (i.e. those outside federal ownership). We share the interest of the Massachusetts Department of Energy Resources (DOER) to ensure forest biomass serves as a low-carbon, sustainable fuel source to meet the state s renewable energy goals. We write in support of the comments submitted by Lisa Allen, President of the Northeastern Area Association of State Foresters (NAASF) on October 21, 2010, to DOER s draft proposed regulations under 225 CMR Comments submitted by NAASF (and supported by NASF) include: Decisions regarding biomass removals from forests should be made at the site-level and should not be based on arbitrarily set weight limits. Forest Biomass certified to the American Tree Farm System should be considered to meet the eligibility requirements for Eligible Biomass Woody Fuels. Verification systems should not create barriers to forest landowner participation in markets for renewable energy. Regulations should facilitate keeping forests intact and should not unintentionally encourage land use conversion to more developed uses (e.g. commercial and residential development). Requirements for life cycle greenhouse gas emissions should consider carbon stocks across the region. New energy markets have significant potential to improve the health of public and private forests while also helping meet state and federal renewable energy goals. Markets provide the economic ability to sustainably manage forests. In the case of public forests, it drives down the costs to reduce the threat of wildfire and insect and disease outbreaks. On private forests, it can help families and individuals cover their costs to own and manage forests when facing decisions whether to convert to other financially attractive options (e.g., commercial or residential development). At the same time, forests that are sustainably managed can help Massachusetts meet its renewable energy standards, reduce greenhouse gas emissions and provide new employment opportunities in the state and region. We greatly appreciate the Massachusetts DOER s consideration of our comments. Please do not hesitate to contact us should you have any questions.

2 Sincerely, Jay Farrell Executive Director

3 October 21, 2010 Philip Giudice, Commissioner Massachusetts Department of Energy Resources 100 Cambridge Street, Suite 1020 Boston, MA Dear Commissioner Giudice: As president of the Northeastern Area Association of State Foresters (NAASF), I am submitting the following comments on proposed draft regulations establishing criteria for woody biomass facilities under the Massachusetts Renewable Portfolio Standard. NAASF represents the directors of the forestry agencies from 20 states across the Northeast and Midwest and the District of Columbia. State Foresters have the primary responsibility for the protection and management of the nation s private and state forests, which together comprise two-thirds of the forestland across the country. We share the interest of the Massachusetts Department of Energy Resources (DOER) to ensure forest biomass serves as a low-carbon, sustainable fuel source to meet the state s renewable energy goals. NAASF supports healthy markets for forest products, including those derived from biomass. Utilization of forest residues or wood energy crops for energy production helps to provide additional markets for forest landowners. Viable forest products markets provide the economic support that many landowners need to conduct forest management activities necessary to improve forest health and to retain ownership of their forest land, thereby preventing forest loss or fragmentation. Market options for small diameter, lower value products, and expanded renewable energy markets will help diversify existing forest industry and provide economical alternatives to achieve sustainable, healthy forests. Private forests are also an important part of the Massachusetts economy by creating jobs, generating payroll, and contributing to the state s and region s GDP. National estimates suggest each 1,000 acres of privately owned forest is responsible for the creation of eight jobs. 1 Forestryrelated industries in the Northeast directly employ more than 65,000 people, but there is 1 Forest2Market The Economic Impact of Privately-Owned Forests. Last accessed on-line on October 21, 2010 at: 1

4 significant potential for increases in employment opportunities provided through wood-based bioenergy development in the region. We offer the following comments to ensure DOER s draft proposed regulations under 225 CMR allow forest biomass to play a strong role in meeting the Massachusetts Renewable Portfolio Standard, improving the health and sustainability of the state s forest resources, and generating new employment opportunities in the state and across New England: Decisions regarding biomass removals from forests should be made at the site level and should not be based on arbitrarily set weight limits. The proposed regulations (Section 14.05(8)(a)(1)(c)) provide no scientific rationale for disallowing more than 15% of total weight of all forest products harvested from a given area. The 15% limit can be quickly met by utilizing the tops and waste of larger-diameter, high-value sawlog trees and provides a disincentive to remove the low-quality growing stock. Arbitrary limits will indirectly dictate silvicultural methods that may not be in the best interest of the forest land such as high-grading and may actually increase the number of acres necessary to supply biomass in the region. Management planning and decisions regarding biomass removals should occur at the site level; be made in consultation with a professional forester; and should consider nutrient retention in soils, wildlife habitat, water quality, and other resource elements. There is a strong network of professional foresters including foresters within (and certified by) state forestry agencies and those accredited by the Society of American Foresters or the Association of Consulting Foresters that currently deliver forest management assistance to forest landowners. Biomass from private forestland certified by the American Tree Farm System should be considered to meet the eligibility requirements for Eligible Biomass Woody Fuels. Section 225 CMR 14.05(8)(b) appropriately recognizes biomass sourced from private forest lands covered by the Forest Stewardship Council, Sustainable Forestry Initiative, Forest Stewardship Program, and state current use programs. The regulations should be broadened to recognize biomass from forestland certified by the American Tree Farm System (ATFS). There are currently 124,000 acres of private forestland enrolled in the ATFS in Massachusetts. The families and individuals who hold an ATFS certificate have demonstrated their commitment to managing their woodlands to high standards for wildlife habitat, soils, water quality, biodiversity, and other important resource elements. The ATFS has been endorsed by the Programme for the Endorsement of Forest Certification schemes (PEFC), which requires ATFS to follow internationally accepted third-party certification auditing procedures. Verification systems should not create barriers to forest landowner participation in markets for renewable energy. Biomass regulations that restrict harvest volumes based on weight have significant costs associated with tracking and verification requirements. Enforcing the 15% limit also faces practical implementation challenges as the Massachusetts Department of Conservation and Recreation will by limited by the budget or staff to carry out such a policy. Introducing costly management, tracking and verification requirements will foreclose market opportunities available to forest landowners by making a low value product more expensive to produce and potentially uneconomical to use. In many circumstances, alternative markets include land conversion to commercial or residential development which has little (if any) climate mitigation or renewable energy benefits. 2

5 Regulations should facilitate keeping forests intact and should not unintentionally encourage land use conversion to more developed uses (e.g. commercial and residential development). A recent USDA report identifies several watersheds in Massachusetts (and other New England states) that are at significant risk of impacts to water quality as a result of increases in housing density on private forest land. 2 The definition of Non-Forest Derived Residues found in 225 CMR includes biomass resulting from converting forest land to non-forest uses (i.e. residential and commercial development). While we recognize development has to occur, we caution against any regulations that may create a perverse incentive for land clearing or results in an unlevel playing field for biomass from well-managed forests. Requirements for life cycle greenhouse gas emissions should consider carbon stocks across the region. This past July, 113 scientists wrote a letter to the U.S. Congress indicating that sustainably managed forests make a significant contribution to reducing greenhouse gas levels whereas the combustion of fossil fuels releases geologically sequestered carbon that has been stored for centuries and adds to the total amount of carbon in active circulation. 3 Further, Massachusetts Forest Inventory and Analysis data indicate that the average annual growth of live trees (i.e. of trees > 5 DBH) results in nearly five million green tons of wood. Average annual losses to mortality and annual removals total 3.7 million green tons. Given growth exceeds losses through mortality and removals, Massachusetts s forests continue to accomplish net removals of CO 2 from the atmosphere. NASF recommends DOER rely on an accounting framework for carbon emissions that monitors forest carbon stocks at the regional or national level (i.e. through the USDA Forest Service Forest Inventory and Analysis Program) and recommends the requirement for an LCA study by each producer be eliminated. NAASF members, as natural resource professionals and directors of the forestry agencies across the Northeast and Midwest, have a special responsibility and commitment to ensuring the sustainability of our forest resources. We believe utilization of forest biomass can help Massachusetts meet its renewable energy goals and, over time, can result in a substantial reduction in greenhouse gas emissions when compared to fossil fuels. A strong role for forest biomass in the state s RPS will also provide needed market-based incentives to keep forests intact and well managed. Sincerely, Lisa Allen Missouri State Forester NAASF President 2 Stein, Susan M.; McRoberts, R.E.; Mahal, L.G.; Carr, M.A.; Alig, R.J.; Comas, S.J.; Theobald, D.M.; Cundiff, A Private forests, public benefits: increased housing density and other pressures on private forest contributions. Gen Tech Rep. PNW-GTR-795. Portland, OR: U.S. Department of Agriculture, Forest Service, Pacific Northwest Research Station. 74 p. 3 Bruce Lippke, et al. letter to Chairmen Boxer, Bingaman, and Lincol and Ranking Members Inhofe, Murkowsi, and Chambilss, Washington, D.C., 20 July Last accessed on-line at on August 17, 2010 at: 3