BILL NUMBER: S597
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 of WARN Plan prior to issuance of the 1 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.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: S. 2697 Referred to Energy
2019-20: S110 referred to Energy
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S597: 860-a labor law, two public service law, two(twelve) public service law, 860-b labor law, 860-b(3) labor law, 860-g labor law, 860-g(1) labor law, 860-h labor law, 206 public health law, 206(1) public health law