Requires every renewable energy generating project receiving grants, guaranteed loans, tax benefits or funding from New York state to enter into a memorandum of understanding for the operation and maintenance of such project with a bona fide labor organization of jurisdiction that is actively engaged in representing transitioning utility workers in the fossil fuel industry.
STATE OF NEW YORK
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8546--A
IN SENATE
February 12, 2024
___________
Introduced by Sens. JACKSON, ADDABBO, HARCKHAM, MANNION, PALUMBO, PARK-
ER, RAMOS -- read twice and ordered printed, and when printed to be
committed to the Committee on Energy and Telecommunications -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT in relation to requiring certain renewable energy generating
projects to enter into a memorandum of understanding for the operation
and maintenance of such project with a bona fide labor organization
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Every renewable energy generating project receiving grants,
2 guaranteed loans, tax benefits or funding from New York state, shall
3 demonstrate that the developer or other entities owning such renewable
4 energy generating project has entered into a memorandum of understanding
5 for the operation and maintenance of such project with a bona fide labor
6 organization of jurisdiction that is actively engaged in representing
7 transitioning utility workers in the fossil fuel industry. Such memoran-
8 dum shall be entered into prior to the completion date of such project
9 and the memorandum shall be an ongoing material condition of authori-
10 zation to operate and maintain the renewable energy project. The memo-
11 randum shall only apply to employees necessary for the maintenance and
12 operation of such renewable energy generation project. Such memorandum
13 shall contain, but not be limited to, safety and training standards,
14 disaster response measures, guaranteed hours, staffing levels, pay rate
15 protection and retraining programs.
16 § 2. 1. The department of labor and the New York state energy research
17 and development authority, in consultation with renewable energy indus-
18 try stakeholders, shall issue a report no later than the one hundred
19 twentieth day after the effective date of this act that identifies the
20 job titles and skill sets required to maintain and operate any and all
21 renewable generation facilities and technologies approved by law. Such
22 report shall be updated annually.
23 2. Within one hundred twenty days after such report required pursuant
24 to subdivision one of this section is issued, the department of labor,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14517-02-4
S. 8546--A 2
1 in consultation with affected bona fide labor organizations of jurisdic-
2 tion in the utility industry, shall compile a list of transitioning
3 workers, who have lost their employment or will be losing their employ-
4 ment in the fossil fuel energy sector. Such list shall be updated quar-
5 terly.
6 3. Within six months after the effective date of this act, the depart-
7 ment of labor shall, in consultation with renewable energy industry
8 stakeholders and affected bona fide labor organizations of jurisdiction
9 in the utility industry, create a workforce development program, which
10 shall provide training and retraining to those transitioning fossil-fuel
11 workers. Such program, at a minimum, shall address the job titles and
12 skill sets, as identified by the report required pursuant to subdivision
13 one of this section, necessary to qualify for renewable energy gener-
14 ation operation and maintenance positions and shall offer a combination
15 of on-the-job training, where applicable, and classroom job related
16 instruction to transitioning workers.
17 4. The transitioning workers, identified by the list compiled pursuant
18 to subdivision two of this section and which have successfully completed
19 the department of labor workforce development program, if it exists, as
20 created and required by subdivision three of this section, shall be
21 offered to first, any and all operation and maintenance positions at
22 renewable energy generating projects receiving grants, guaranteed loans,
23 tax benefits or funding from New York state. Should there be no candi-
24 dates available from the list of transitioning workers which have
25 completed such program such renewable energy generating project may hire
26 transitioning workers off such list which have not completed such
27 program. The department of labor shall make such list available to the
28 New York state energy research and development authority and any and all
29 renewable energy generating project receiving grants, guaranteed loans,
30 tax benefits or funding from New York state upon award of such govern-
31 ment assistance and ninety days prior to completion of such project.
32 § 3. This act shall take effect immediately.
