Bill Text: NY S02697 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to the protection of the health, safety and employment rights of employees suffering employment loss as the result of the sale or closure of a coal electric generation facility.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S02697 Detail]

Download: New_York-2021-S02697-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2697

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 22, 2021
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT  to  amend  the public service law, the labor law and the public
          health law, in relation to the protection of the  health,  safety  and
          employment rights of employees suffering employment loss as the result
          of the sale or closure of coal electric plants

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "coal electric plant closing workers' protection act".
     3    §  2.  The public service law is amended by adding a new section 28 to
     4  read as follows:
     5    § 28. Coal electric plants; closure or sale plan.  1.  Not  less  than
     6  eighteen  months  prior to the closure or sale of a coal electric plant,
     7  the electric corporation owning, operating or managing such plant  shall
     8  submit to the department a plan detailing the process for the closure or
     9  sale of the coal electric plant. Such plan shall include (a) details and
    10  specifics  on  the  electric  corporation's  plan to comply with article
    11  twenty-five-A of the labor law as they apply to  coal  electric  plants,
    12  and (b) a workforce retention component which shall utilize the existing
    13  labor force during the closure and decommissioning period. The workforce
    14  retention  component shall include provisions that any construction work
    15  which may be performed during the closure  and  decommissioning  period,
    16  shall  be performed pursuant to a project labor agreement, as defined in
    17  section two hundred twenty-two of the labor law,  entered  into  with  a
    18  bona  fide  building  and  construction trades labor organization having
    19  jurisdiction over the scope of work to be performed.  In addition, every
    20  plan submitted pursuant to this  section  shall  be  in  such  form  and
    21  contain  such information as the department shall determine to be neces-
    22  sary and proper.   For purposes of  this  section,  "construction  work"
    23  shall  include,  but  not be limited to, any demolition, reconstruction,
    24  excavation, rehabilitation, repair, installation, renovation  or  alter-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07362-01-1

        S. 2697                             2

     1  ation,  which  is  customarily  performed by a building and construction
     2  trades organization.
     3    2. No coal electric plant shall be closed or sold unless:
     4    (a) the plan submitted pursuant to subdivision one of this section, or
     5  an  amended  version  of such plan as may be required by the department,
     6  shall have been approved by the department;
     7    (b) after the approval of such plan pursuant to paragraph (a) of  this
     8  subdivision,  the  affected employees shall have been provided notice of
     9  employment loss, as required by section eight  hundred  sixty-b  of  the
    10  labor law, not less than one year prior to such closure or sale;
    11    (c) the plan approved pursuant to paragraph (a) of this subdivision is
    12  included  as  a material term of every contract and plan relating to the
    13  closure or sale of the electric plant; and
    14    (d) the department has granted its approval of every contract or  plan
    15  providing for the sale or closure of the electric plant.
    16    3.  Upon  a  finding  of  the  department that an electric corporation
    17  violated any provision of this section, or that any person has  violated
    18  the  provisions  of  a  plan  approved  pursuant  to  this  section, all
    19  contracts and plans relating to the closure or sale of the coal electric
    20  plant by the electric corporation shall be deemed  null  and  void,  and
    21  such  corporation or person, after notice and hearing, may be liable for
    22  a civil fine of not less than five million dollars to be imposed by  the
    23  department.
    24    §  3.  Section  860-a  of  the  labor law is amended by adding two new
    25  subdivisions 1-a and 1-b to read as follows:
    26    1-a. "Electric corporation" shall have the same meaning as provided in
    27  subdivision thirteen of section two of the public service law.
    28    1-b. "Electric plant" shall have  the  same  meaning  as  provided  in
    29  subdivision twelve of section two of the public service law.
    30    §  4. Section 860-b of the labor law is amended by adding a new subdi-
    31  vision 1-a to read as follows:
    32    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    33  section,  in  the  case  of  an employer that is an electric corporation
    34  owning, operating or maintaining a coal electric  plant,  such  employer
    35  shall  not  order a mass layoff, relocation or employment loss until its
    36  plan to implement  the  provisions  of  this  article  shall  have  been
    37  approved  by  the department of public service pursuant to section twen-
    38  ty-eight of the public service law, and thereafter, at  least  one  year
    39  before the order takes effect, such employer gives written notice of the
    40  order to the following:
    41    (a) affected employees and the representatives of the affected employ-
    42  ees;
    43    (b) the department; and
    44    (c)  the local workforce investment boards established pursuant to the
    45  federal Workforce Investment Act (P.L.  105-220)  for  the  locality  in
    46  which the mass layoff, relocation or employment loss will occur.
    47    §  5.  Subdivision  3  of  section 860-b of the labor law, as added by
    48  chapter 475 of the laws of 2008, is amended to read as follows:
    49    3. Notwithstanding the requirements of subdivision  one  or  one-a  of
    50  this  section,  an  employer is not required to provide notice if a mass
    51  layoff, relocation, or employment loss is  necessitated  by  a  physical
    52  calamity or an act of terrorism or war.
    53    §  6.  The  opening paragraph of subdivision 1 of section 860-g of the
    54  labor law, as added by chapter 475 of the laws of 2008,  is  amended  to
    55  read as follows:

        S. 2697                             3

     1    An  employer  who fails to give notice as required by paragraph (a) of
     2  subdivision one or paragraph (a) of subdivision one-a of  section  eight
     3  hundred  sixty-b  of  this  article before ordering a mass layoff, relo-
     4  cation, or employment loss is liable to each employee entitled to notice
     5  who lost his or her employment for:
     6    §  7. Section 860-h of the labor law is amended by adding a new subdi-
     7  vision 5 to read as follows:
     8    5. Notwithstanding any other provision of this section to the  contra-
     9  ry,  if an employer that is an electric corporation owning, operating or
    10  maintaining a coal electric plant violates any provision of  this  arti-
    11  cle,  such  corporation,  after  notice and hearing, may be liable for a
    12  civil fine of not less than five million dollars to be  imposed  by  the
    13  department.
    14    § 8. The labor law is amended by adding a new section 860-j to read as
    15  follows:
    16    §  860-j.  Employment  loss at a coal electric plant.  1. The electric
    17  corporation owning, operating or maintaining a coal  electric  plant  at
    18  which  there will be a mass layoff, relocation or employment loss, shall
    19  within ten days of providing  notice  thereof  pursuant  to  subdivision
    20  one-a of section eight hundred sixty-b of this article shall cause to be
    21  conducted  and  completed  an  extensive health screening, in accordance
    22  with the regulations of the commissioner of health,  of  all  employees,
    23  contractors  and  subcontractors  working  at  such  plant.  Such health
    24  screening shall include general  health  screening,  and  screening  for
    25  diseases and conditions related to employment in a coal electric plant.
    26    2.  Each  electric corporation owning, operating or maintaining a coal
    27  electric plant at which there will  be  a  mass  layoff,  relocation  or
    28  employment  loss  shall  establish  and  operate  employment  retraining
    29  programs for all  employees,  contractors  and  subcontractors  who  are
    30  affected  by  an  employment  loss.  Such  programs  shall be conducted,
    31  subject to the supervision of the department, during the one-year notice
    32  period provided for  in  subdivision  one-a  of  section  eight  hundred
    33  sixty-b  of  this  article.  Furthermore,  training shall be provided to
    34  acquire any necessary skills and certifications for  employment  by  any
    35  entity  which  is  engaged in the closure or decommissioning of the coal
    36  electric plant. Training shall also be provided to  train  employees  on
    37  skills  necessary  for  employment  at  biomass and natural gas electric
    38  plants.  Every person who completes training pursuant to  this  subdivi-
    39  sion shall be granted an employee preference.
    40    §  9. Subdivision 1 of section 206 of the public health law is amended
    41  by adding a new paragraph (w) to read as follows:
    42    (w) by rule and regulation, establish standards and guidelines for the
    43  extensive health screenings of persons working in coal electric  plants,
    44  required  by  subdivision  one  of  section eight hundred sixty-j of the
    45  labor law.
    46    § 10. The New York state energy research development  authority  shall
    47  finance  the employment retraining programs required pursuant to section
    48  860-j of the labor law  through  any  funds  such  authority  maintains,
    49  including  but  not  limited to, the market development portfolio of the
    50  clean energy fund. Provided, however, such authority shall not  increase
    51  or  collect additional fees, rentals, penalties or other charges author-
    52  ized and in existence prior to the effective date of this  act  for  the
    53  financing of such programs.
    54    § 11. This act shall take effect immediately.
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