Bill Text: NY S09038 | 2017-2018 | 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) 2018-06-20 - LOST [S09038 Detail]
Download: New_York-2017-S09038-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9038 IN SENATE June 14, 2018 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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- 25 ation, which is customarily performed by a building and construction 26 trades organization. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16219-02-8S. 9038 2 1 2. No coal electric plant shall be closed or sold unless: 2 (a) the plan submitted pursuant to subdivision one of this section, or 3 an amended version of such plan as may be required by the department, 4 shall have been approved by the department; 5 (b) after the approval of such plan pursuant to paragraph (a) of this 6 subdivision, the affected employees shall have been provided notice of 7 employment loss, as required by section eight hundred sixty-b of the 8 labor law, not less than one year prior to such closure or sale; 9 (c) the plan approved pursuant to paragraph (a) of this subdivision is 10 included as a material term of every contract and plan relating to the 11 closure or sale of the electric plant; and 12 (d) the department has granted its approval of every contract or plan 13 providing for the sale or closure of the electric plant. 14 3. Upon a finding of the department that an electric corporation 15 violated any provision of this section, or that any person has violated 16 the provisions of a plan approved pursuant to this section, all 17 contracts and plans relating to the closure or sale of the coal electric 18 plant by the electric corporation shall be deemed null and void, and 19 such corporation or person, after notice and hearing, may be liable for 20 a civil fine of not less than five million dollars to be imposed by the 21 department. 22 § 3. Section 860-a of the labor law is amended by adding two new 23 subdivisions 1-a and 1-b to read as follows: 24 1-a. "Electric corporation" shall have the same meaning as provided in 25 subdivision thirteen of section two of the public service law. 26 1-b. "Electric plant" shall have the same meaning as provided in 27 subdivision twelve of section two of the public service law. 28 § 4. Section 860-b of the labor law is amended by adding a new subdi- 29 vision 1-a to read as follows: 30 1-a. Notwithstanding the provisions of subdivision one of this 31 section, in the case of an employer that is an electric corporation 32 owning, operating or maintaining a coal electric plant, such employer 33 shall not order a mass layoff, relocation or employment loss until its 34 plan to implement the provisions of this article shall have been 35 approved by the department of public service pursuant to section twen- 36 ty-eight of the public service law, and thereafter, at least one year 37 before the order takes effect, such employer gives written notice of the 38 order to the following: 39 (a) affected employees and the representatives of the affected employ- 40 ees; 41 (b) the department; and 42 (c) the local workforce investment boards established pursuant to the 43 federal Workforce Investment Act (P.L. 105-220) for the locality in 44 which the mass layoff, relocation or employment loss will occur. 45 § 5. Subdivision 3 of section 860-b of the labor law, as added by 46 chapter 475 of the laws of 2008, is amended to read as follows: 47 3. Notwithstanding the requirements of subdivision one or one-a of 48 this section, an employer is not required to provide notice if a mass 49 layoff, relocation, or employment loss is necessitated by a physical 50 calamity or an act of terrorism or war. 51 § 6. The opening paragraph of subdivision 1 of section 860-g of the 52 labor law, as added by chapter 475 of the laws of 2008, is amended to 53 read as follows: 54 An employer who fails to give notice as required by paragraph (a) of 55 subdivision one or paragraph (a) of subdivision one-a of section eight 56 hundred sixty-b of this article before ordering a mass layoff, relo-S. 9038 3 1 cation, or employment loss is liable to each employee entitled to notice 2 who lost his or her employment for: 3 § 7. Section 860-h of the labor law is amended by adding a new subdi- 4 vision 5 to read as follows: 5 5. Notwithstanding any other provision of this section to the contra- 6 ry, if an employer that is an electric corporation owning, operating or 7 maintaining a coal electric plant violates any provision of this arti- 8 cle, such corporation, after notice and hearing, may be liable for a 9 civil fine of not less than five million dollars to be imposed by the 10 department. 11 § 8. The labor law is amended by adding a new section 860-j to read as 12 follows: 13 § 860-j. Employment loss at a coal electric plant. 1. The electric 14 corporation owning, operating or maintaining a coal electric plant at 15 which there will be a mass layoff, relocation or employment loss, shall 16 within ten days of providing notice thereof pursuant to subdivision 17 one-a of section eight hundred sixty-b of this article shall cause to be 18 conducted and completed an extensive health screening, in accordance 19 with the regulations of the commissioner of health, of all employees, 20 contractors and subcontractors working at such plant. Such health 21 screening shall include general health screening, and screening for 22 diseases and conditions related to employment in a coal electric plant. 23 2. Each electric corporation owning, operating or maintaining a coal 24 electric plant at which there will be a mass layoff, relocation or 25 employment loss shall establish and operate employment retraining 26 programs for all employees, contractors and subcontractors who are 27 affected by an employment loss. Such programs shall be conducted, 28 subject to the supervision of the department, during the one-year notice 29 period provided for in subdivision one-a of section eight hundred 30 sixty-b of this article. Furthermore, training shall be provided to 31 acquire any necessary skills and certifications for employment by any 32 entity which is engaged in the closure or decommissioning of the coal 33 electric plant. Training shall also be provided to train employees on 34 skills necessary for employment at biomass and natural gas electric 35 plants. Every person who completes training pursuant to this subdivi- 36 sion shall be granted an employee preference. 37 § 9. Subdivision 1 of section 206 of the public health law is amended 38 by adding a new paragraph (w) to read as follows: 39 (w) by rule and regulation, establish standards and guidelines for the 40 extensive health screenings of persons working in coal electric plants, 41 required by subdivision one of section eight hundred sixty-j of the 42 labor law. 43 § 10. The New York state energy research development authority shall 44 finance the employment retraining programs required pursuant to section 45 860-j of the labor law through any funds such authority maintains, 46 including but not limited to, the market development portfolio of the 47 clean energy fund. Provided, however, such authority shall not increase 48 or collect additional fees, rentals, penalties or other charges author- 49 ized and in existence prior to the effective date of this act for the 50 financing of such programs. 51 § 11. This act shall take effect immediately.
