NY State Senate Bill 2017-S9038

Senate Bill S9038

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Lost

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	lost ordered to third reading cal.2136
Jun 14, 2018	referred to rules

Votes

- Jun 20, 2018 - Floor Vote
  S9038
  
  30
  
  Aye
  
  28
  
  Nay
  
  2
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (30)
      
      Akshar
      
      Amedore
      
      Boyle
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Jacobs
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
      
      Young
      
      nay (28)
      
      Alcantara
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hamilton
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      Mayer
      
      Montgomery
      
      Parker
      
      Peralta
      
      Persaud
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      absent (2)
      
      Avella
      
      Bonacic
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 20, 2018 - Rules Committee Vote
  S9038
  
  19
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Hannon
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Valesky
      
      nay (3)
      
      Dilan
      
      Gianaris
      
      Stewart-Cousins
      
      aye wr (2)
      
      Griffo
      
      Kennedy
      
      excused (1)
      
      Rivera

2017-S9038 (ACTIVE) - Details

Law Section:: Public Service Law
Laws Affected:: Add §28, Pub Serv L; amd §§860-a, 860-b, 860-g & 860-h, add §860-j, Lab L; amd §206, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S110
2021-2022: S2697
2023-2024: S597

2017-S9038 (ACTIVE) - Summary

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.

2017-S9038 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9038

SPONSOR: ORTT
 
TITLE OF BILL:  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

 
PURPOSE:

This bill enacts the "coal electric plant closing workers' protection
act " which establishes provisions for the protection of the health,
safety and employment rights of persons losing their employment from the
closure of coal plants across New York.

 
SUMMARY OF PROVISIONS:

Section one establishes the short title as the "coal electric plant
closing workers' protection act"

Sections two through eight amend portions of the public service law,

labor law and public health law with regard to coal generation facili-
ties located in the State to require:

-One year advance notice to all workers at a coal generation facility;

-Mandatory extensive health screenings for all employees, contractors
and sub-contractors working at the facility on the date of issuance of
the one year notice;

-Worker re-training programs for all employees, contractors and subcon-
tractors to be conducted at the facility during the one year advance
notice period to include training for bio-mass and natural gas plant
operating skills ;

-Filing with the New York State Department of Public Service of a WARN
Plan detailing compliance with these requirements;

-Approval by DPS of the WARN Plan prior to issuance of the one year WARN
Notice;

-Inclusion of the WARN Plan provisions as a material term of any
contract of sale, decommissioning plan or contract relating to the coal
generation facility;

-Advance approval by DPS of any contract of sale, decommissioning plan,
or contract relating to the coal generation facility slated for closure;
and

-Failure to comply with the provisions of the act will render any
contract of sale, decommissioning plan, or contract relating to the
closure, sale or decommissioning as null and void and subject the owners
of such facility to a civil fine of not less than $5 million dollars.

Section nine amends section 206 of the public health law to require the
commissioner to promulgate rules and regulations establishing standards
and guidelines for the extensive health screenings of persons working in
coal electric plants, required by subdivision one of section 860-j of
the labor law.
Section ten provides that the New York State energy research development
authority shall finance the employment retraining programs required
pursuant to section 860-j of the labor law through any funds NYSERDA
maintains, including but not limited to, the market development portfo-
lio of the clean energy fund. Provided, however, that NYSERDA shall not
increase or collect additional fees, rentals, penalties or other charges
authorized and in existence prior to the effective date of this act for
the financing of such programs.

Section eleven establishes the effective date.

 
JUSTIFICATION:

As the Governor moves to close Coal plants throughout New York, ramifi-
cations of his action will be felt by employees and communities across
New York. This legislation seeks to address the widespread joblessness
the Governor's unilateral actions will create by allowing for notice and
training for the hard working employees currently staffing these facili-
ties. Individuals employed at coal power plants are highly and specially
trained and should be provided assistance transitioning to other posi-
tions as required by this legislation.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9038 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9038
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "coal electric plant closing workers' protection act".
   § 2. The public service law is amended by adding a new section  28  to
 read as follows:
   §  28.  COAL  ELECTRIC  PLANTS; CLOSURE OR SALE PLAN. 1. NOT LESS THAN
 EIGHTEEN MONTHS PRIOR TO THE CLOSURE OR SALE OF A COAL  ELECTRIC  PLANT,
 THE  ELECTRIC CORPORATION OWNING, OPERATING OR MANAGING SUCH PLANT SHALL
 SUBMIT TO THE DEPARTMENT A PLAN DETAILING THE PROCESS FOR THE CLOSURE OR
 SALE OF THE COAL ELECTRIC PLANT. SUCH PLAN SHALL INCLUDE (A) DETAILS AND
 SPECIFICS ON THE ELECTRIC CORPORATION'S  PLAN  TO  COMPLY  WITH  ARTICLE
 TWENTY-FIVE-A  OF  THE  LABOR LAW AS THEY APPLY TO COAL ELECTRIC PLANTS,
 AND (B) A WORKFORCE RETENTION COMPONENT WHICH SHALL UTILIZE THE EXISTING
 LABOR FORCE DURING THE CLOSURE AND DECOMMISSIONING PERIOD. THE WORKFORCE
 RETENTION COMPONENT SHALL INCLUDE PROVISIONS THAT ANY CONSTRUCTION  WORK
 WHICH  MAY  BE  PERFORMED DURING THE CLOSURE AND DECOMMISSIONING PERIOD,
 SHALL BE PERFORMED PURSUANT TO A PROJECT LABOR AGREEMENT, AS DEFINED  IN
 SECTION  TWO  HUNDRED  TWENTY-TWO  OF THE LABOR LAW, ENTERED INTO WITH A
 BONA FIDE BUILDING AND CONSTRUCTION  TRADES  LABOR  ORGANIZATION  HAVING
 JURISDICTION OVER THE SCOPE OF WORK TO BE PERFORMED.  IN ADDITION, EVERY
 PLAN  SUBMITTED  PURSUANT  TO  THIS  SECTION  SHALL  BE IN SUCH FORM AND
 CONTAIN SUCH INFORMATION AS THE DEPARTMENT SHALL DETERMINE TO BE  NECES-
 SARY  AND  PROPER.    FOR  PURPOSES OF THIS SECTION, "CONSTRUCTION WORK"
 SHALL INCLUDE, BUT NOT BE LIMITED TO,  ANY  DEMOLITION,  RECONSTRUCTION,
 EXCAVATION,  REHABILITATION,  REPAIR, INSTALLATION, RENOVATION OR ALTER-
 ATION, WHICH IS CUSTOMARILY PERFORMED BY  A  BUILDING  AND  CONSTRUCTION
 TRADES ORGANIZATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16219-02-8

 S. 9038                             2
 
   2. NO COAL ELECTRIC PLANT SHALL BE CLOSED OR SOLD UNLESS:
   (A) THE PLAN SUBMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR
 AN  AMENDED  VERSION  OF SUCH PLAN AS MAY BE REQUIRED BY THE DEPARTMENT,
 SHALL HAVE BEEN APPROVED BY THE DEPARTMENT;
   (B) AFTER THE APPROVAL OF SUCH PLAN PURSUANT TO PARAGRAPH (A) OF  THIS
 SUBDIVISION,  THE  AFFECTED EMPLOYEES SHALL HAVE BEEN PROVIDED NOTICE OF
 EMPLOYMENT LOSS, AS REQUIRED BY SECTION EIGHT  HUNDRED  SIXTY-B  OF  THE
 LABOR LAW, NOT LESS THAN ONE YEAR PRIOR TO SUCH CLOSURE OR SALE;
   (C) THE PLAN APPROVED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IS
 INCLUDED  AS  A MATERIAL TERM OF EVERY CONTRACT AND PLAN RELATING TO THE
 CLOSURE OR SALE OF THE ELECTRIC PLANT; AND
   (D) THE DEPARTMENT HAS GRANTED ITS APPROVAL OF EVERY CONTRACT OR  PLAN
 PROVIDING FOR THE SALE OR CLOSURE OF THE ELECTRIC PLANT.
   3.  UPON  A  FINDING  OF  THE  DEPARTMENT THAT AN ELECTRIC CORPORATION
 VIOLATED ANY PROVISION OF THIS SECTION, OR THAT ANY PERSON HAS  VIOLATED
 THE  PROVISIONS  OF  A  PLAN  APPROVED  PURSUANT  TO  THIS  SECTION, ALL
 CONTRACTS AND PLANS RELATING TO THE CLOSURE OR SALE OF THE COAL ELECTRIC
 PLANT BY THE ELECTRIC CORPORATION SHALL BE DEEMED  NULL  AND  VOID,  AND
 SUCH  CORPORATION OR PERSON, AFTER NOTICE AND HEARING, MAY BE LIABLE FOR
 A CIVIL FINE OF NOT LESS THAN FIVE MILLION DOLLARS TO BE IMPOSED BY  THE
 DEPARTMENT.
   §  3.  Section  860-a  of  the  labor law is amended by adding two new
 subdivisions 1-a and 1-b to read as follows:
   1-A. "ELECTRIC CORPORATION" SHALL HAVE THE SAME MEANING AS PROVIDED IN
 SUBDIVISION THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   1-B. "ELECTRIC PLANT" SHALL HAVE  THE  SAME  MEANING  AS  PROVIDED  IN
 SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   §  4. Section 860-b of the labor law is amended by adding a new subdi-
 vision 1-a to read as follows:
   1-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  IN  THE  CASE  OF  AN EMPLOYER THAT IS AN ELECTRIC CORPORATION
 OWNING, OPERATING OR MAINTAINING A COAL ELECTRIC  PLANT,  SUCH  EMPLOYER
 SHALL  NOT  ORDER A MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS UNTIL ITS
 PLAN TO IMPLEMENT  THE  PROVISIONS  OF  THIS  ARTICLE  SHALL  HAVE  BEEN
 APPROVED  BY  THE DEPARTMENT OF PUBLIC SERVICE PURSUANT TO SECTION TWEN-
 TY-EIGHT OF THE PUBLIC SERVICE LAW, AND THEREAFTER, AT  LEAST  ONE  YEAR
 BEFORE THE ORDER TAKES EFFECT, SUCH EMPLOYER GIVES WRITTEN NOTICE OF THE
 ORDER TO THE FOLLOWING:
   (A) AFFECTED EMPLOYEES AND THE REPRESENTATIVES OF THE AFFECTED EMPLOY-
 EES;
   (B) THE DEPARTMENT; AND
   (C)  THE LOCAL WORKFORCE INVESTMENT BOARDS ESTABLISHED PURSUANT TO THE
 FEDERAL WORKFORCE INVESTMENT ACT (P.L.  105-220)  FOR  THE  LOCALITY  IN
 WHICH THE MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS WILL OCCUR.
   §  5.  Subdivision  3  of  section 860-b of the labor law, as added by
 chapter 475 of the laws of 2008, is amended to read as follows:
   3. Notwithstanding the requirements of subdivision  one  OR  ONE-A  of
 this  section,  an  employer is not required to provide notice if a mass
 layoff, relocation, or employment loss is  necessitated  by  a  physical
 calamity or an act of terrorism or war.
   §  6.  The  opening paragraph of subdivision 1 of section 860-g of the
 labor law, as added by chapter 475 of the laws of 2008,  is  amended  to
 read as follows:
   An  employer  who fails to give notice as required by paragraph (a) of
 subdivision one OR PARAGRAPH (A) OF SUBDIVISION ONE-A of  section  eight
 hundred  sixty-b  of  this  article before ordering a mass layoff, relo-

 S. 9038                             3
 
 cation, or employment loss is liable to each employee entitled to notice
 who lost his or her employment for:
   §  7. Section 860-h of the labor law is amended by adding a new subdi-
 vision 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
 RY,  IF AN EMPLOYER THAT IS AN ELECTRIC CORPORATION OWNING, OPERATING OR
 MAINTAINING A COAL ELECTRIC PLANT VIOLATES ANY PROVISION OF  THIS  ARTI-
 CLE,  SUCH  CORPORATION,  AFTER  NOTICE AND HEARING, MAY BE LIABLE FOR A
 CIVIL FINE OF NOT LESS THAN FIVE MILLION DOLLARS TO BE  IMPOSED  BY  THE
 DEPARTMENT.
   § 8. The labor law is amended by adding a new section 860-j to read as
 follows:
   §  860-J.  EMPLOYMENT  LOSS AT A COAL ELECTRIC PLANT.  1. THE ELECTRIC
 CORPORATION OWNING, OPERATING OR MAINTAINING A COAL  ELECTRIC  PLANT  AT
 WHICH  THERE WILL BE A MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS, SHALL
 WITHIN TEN DAYS OF PROVIDING  NOTICE  THEREOF  PURSUANT  TO  SUBDIVISION
 ONE-A OF SECTION EIGHT HUNDRED SIXTY-B OF THIS ARTICLE SHALL CAUSE TO BE
 CONDUCTED  AND  COMPLETED  AN  EXTENSIVE HEALTH SCREENING, IN ACCORDANCE
 WITH THE REGULATIONS OF THE COMMISSIONER OF HEALTH,  OF  ALL  EMPLOYEES,
 CONTRACTORS  AND  SUBCONTRACTORS  WORKING  AT  SUCH  PLANT.  SUCH HEALTH
 SCREENING SHALL INCLUDE GENERAL  HEALTH  SCREENING,  AND  SCREENING  FOR
 DISEASES AND CONDITIONS RELATED TO EMPLOYMENT IN A COAL ELECTRIC PLANT.
   2.  EACH  ELECTRIC CORPORATION OWNING, OPERATING OR MAINTAINING A COAL
 ELECTRIC PLANT AT WHICH THERE WILL  BE  A  MASS  LAYOFF,  RELOCATION  OR
 EMPLOYMENT  LOSS  SHALL  ESTABLISH  AND  OPERATE  EMPLOYMENT  RETRAINING
 PROGRAMS FOR ALL  EMPLOYEES,  CONTRACTORS  AND  SUBCONTRACTORS  WHO  ARE
 AFFECTED  BY  AN  EMPLOYMENT  LOSS.  SUCH  PROGRAMS  SHALL BE CONDUCTED,
 SUBJECT TO THE SUPERVISION OF THE DEPARTMENT, DURING THE ONE-YEAR NOTICE
 PERIOD PROVIDED FOR  IN  SUBDIVISION  ONE-A  OF  SECTION  EIGHT  HUNDRED
 SIXTY-B  OF  THIS  ARTICLE.  FURTHERMORE,  TRAINING SHALL BE PROVIDED TO
 ACQUIRE ANY NECESSARY SKILLS AND CERTIFICATIONS FOR  EMPLOYMENT  BY  ANY
 ENTITY  WHICH  IS  ENGAGED IN THE CLOSURE OR DECOMMISSIONING OF THE COAL
 ELECTRIC PLANT. TRAINING SHALL ALSO BE PROVIDED TO  TRAIN  EMPLOYEES  ON
 SKILLS  NECESSARY  FOR  EMPLOYMENT  AT  BIOMASS AND NATURAL GAS ELECTRIC
 PLANTS.  EVERY PERSON WHO COMPLETES TRAINING PURSUANT TO  THIS  SUBDIVI-
 SION SHALL BE GRANTED AN EMPLOYEE PREFERENCE.
   §  9. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W) BY RULE AND REGULATION, ESTABLISH STANDARDS AND GUIDELINES FOR THE
 EXTENSIVE HEALTH SCREENINGS OF PERSONS WORKING IN COAL ELECTRIC  PLANTS,
 REQUIRED  BY  SUBDIVISION  ONE  OF  SECTION EIGHT HUNDRED SIXTY-J OF THE
 LABOR LAW.
   § 10. The New York state energy research development  authority  shall
 finance  the employment retraining programs required pursuant to section
 860-j of the labor law  through  any  funds  such  authority  maintains,
 including  but  not  limited to, the market development portfolio of the
 clean energy fund. Provided, however, such authority shall not  increase
 or  collect additional fees, rentals, penalties or other charges author-
 ized and in existence prior to the effective date of this  act  for  the
 financing of such programs.
   § 11. This act shall take effect immediately.

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