New York 2025-2026 Regular Session

New York Senate Bill S01997

Introduced
1/14/25  
Refer
1/14/25  

Caption

Requires certain notices, procedures and approvals prior to the sale or closure of a coal electric generation facility; requires extensive health screening of all employees contractors and subcontractors working at such plant, requires a retraining program for affected employees of mass layoffs.

Summary

S01997 would create a new set of requirements for the sale or closure of a coal electric plant in New York. It requires the owning electric corporation to submit a closure or sale plan to the Department of Public Service at least 18 months in advance, and that plan must include a workforce retention component, compliance details for existing labor-law notice rules, and provisions that construction work during closure or decommissioning be done under a project labor agreement with a building trades union. The plant could not be sold or closed unless the department approves the plan, affected employees receive at least one year’s notice of employment loss, the approved plan is incorporated into related contracts, and the department approves those contracts or plans as well. The bill also adds worker-protection and transition measures. It requires extensive health screenings for employees, contractors, and subcontractors at a coal electric plant facing mass layoff, relocation, or employment loss, and it directs the establishment of retraining programs during the notice period. Those programs would be designed to help workers qualify for jobs in plant closure/decommissioning work and in biomass or natural gas electric plants, with training participants receiving an employment preference. The New York State Energy Research and Development Authority would finance the retraining programs using existing funds, including the clean energy fund’s market development portfolio, without raising new fees or charges. In addition to these planning and worker-support provisions, the bill strengthens enforcement. If the Department of Public Service finds a violation of the new requirements or of an approved closure plan, the related contracts and plans could be declared null and void, and the responsible corporation or person could face a civil fine of at least $5 million. The bill also amends the state’s labor-law notice provisions to specifically cover coal electric plants and to bar mass layoffs or employment loss until the closure plan is approved. The general sentiment reflected by the bill text is protective of workers and communities affected by coal plant retirements, emphasizing advance notice, health monitoring, retraining, and labor standards. Because there are no committee transcripts or recorded votes provided, there is no documented debate or formal voting history here to show broader legislative support or opposition. The bill’s structure suggests a strong pro-worker, pro-union policy approach, but it also imposes substantial procedural and financial burdens on plant owners and operators. The main points of contention likely concern the bill’s strict approval requirements, mandatory project labor agreement language, and the large minimum civil penalty, which could be viewed by utilities and plant owners as highly restrictive. Supporters would likely focus on worker health, job transition, and community stability, while critics may argue that the bill could complicate or delay coal plant sales and closures, increase compliance costs, and interfere with restructuring decisions in the electric sector.

Impact

The bill would amend the Public Service Law, Labor Law, and Public Health Law to create a specialized regulatory framework for coal electric plant closures and sales. It would require Department of Public Service approval of closure/sale plans, impose one-year notice rules tied to mass layoffs and employment loss, mandate health screenings and retraining programs, and authorize significant civil penalties and contract invalidation for noncompliance. It also directs NYSERDA to fund retraining from existing resources, affecting electric corporations, workers, contractors, subcontractors, labor organizations, the Department of Public Service, the Department of Health, and NYSERDA.

Sentiment

The bill’s overall tone is strongly protective of workers and public health, with an emphasis on advance planning, labor protections, and transition assistance for employees affected by coal plant closures. No committee transcript or vote data is provided, so there is no recorded legislative debate or roll-call sentiment to summarize. Based on the text alone, the measure appears designed to appeal to labor and affected communities, while likely drawing concern from utilities and plant operators over its regulatory and financial demands.

Contention

Likely points of contention include the requirement that closure or sale plans be approved before any plant can close or be sold, the mandate that construction work during decommissioning be performed under a project labor agreement, the one-year notice requirement, and the minimum $5 million civil fine for violations. Utilities and plant owners may object to the bill’s potential to delay transactions and increase costs, while labor organizations and worker advocates would likely support the bill’s job protections, health screenings, and retraining provisions. The financing mechanism using existing NYSERDA funds, rather than new fees, may also be debated as to whether it is sufficient and appropriate.

Companion Bills

No companion bills found.

Previously Filed As

NY A07781

Removes the exclusion of part-time employees from certain definitions relating to employment and expanding the definition of employer; removes certain exclusions for employer notice requirements for the closing of a facility; removes the discretionary reduction of penalties for employers for certain acts or omissions concerning notice requirements for mass layoffs, relocations or employment loss; removes the maximum time period for determining back pay and other liabilities for certain employees who experience employment loss; allows the attorney general to take certain action to assist certain employees in receiving back pay and other liabilities; requires employers to pay severance to employees when there is a plant closing, relocation, or mass layoff.

NY S09991

Removes the exclusion of part-time employees from certain definitions relating to employment; expands the definition of employer; removes certain exclusions for employer notice requirements for the closing of a facility; removes the discretionary reduction of penalties for employers for certain acts or omissions concerning notice requirements for mass layoffs, relocations or employment loss; removes the maximum time period for determining back pay and other liabilities for certain employees who experience employment loss; allows the attorney general to take certain action to assist certain employees in receiving back pay and other liabilities.

NY A11216

Removes the exclusion of part-time employees from certain definitions relating to employment; expands the definition of employer; removes certain exclusions for employer notice requirements for the closing of a facility; removes the discretionary reduction of penalties for employers for certain acts or omissions concerning notice requirements for mass layoffs, relocations or employment loss; removes the maximum time period for determining back pay and other liabilities for certain employees who experience employment loss; allows the attorney general to take certain action to assist certain employees in receiving back pay and other liabilities.

NY S06959

Relates to notice requirement of adult care facility closures.

NY A05998

Relates to notice requirement of adult care facility closures.

FL S1698

Notice Requirements for Certain Employers to their Employees

NY S08589

Requires covered employers to provide notice to certain affected employees prior to any technological displacement; requires reporting; requires a workforce transition period; makes related provisions.

NY A09533

Requires covered employers to provide notice to certain affected employees prior to any technological displacement; requires reporting; requires a workforce transition period; makes related provisions.

NY A02456

Prohibits employers from requiring low-wage employees to enter into covenants not to compete; requires employers to notify potential employees of any requirement to enter into a covenant not to compete.

NY S00597

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.

Similar Bills

No similar bills found.