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

Sponsored By

Current Bill Status - Lost


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 lost
ordered to third reading cal.2136
Jun 14, 2018 referred to rules

S9038 - 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

S9038 - 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.

S9038 - Sponsor Memo

S9038 - 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".
  S 2. The public service law is amended by adding a new section  28  to
read as follows:
  S  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.