Bill Text: NY A08173 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts provisions for the protection of the health, safety and employment rights of persons suffering employment loss from the closure of nuclear electric plants.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.590 [A08173 Detail]

Download: New_York-2017-A08173-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8173
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 1, 2017
                                       ___________
        Introduced  by  M.  of  A. TITUS, GALEF, PAULIN, MAYER, ABBATE, BRONSON,
          CAHILL, BLAKE -- read once and referred to the Committee on Labor
        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 a nuclear electric generation facility
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "nuclear facility closing workers' protection act".
     3    § 2. The public service law is amended by adding a new section  28  to
     4  read as follows:
     5    §  28. Nuclear electric plants; closure or sale plan. 1. Not less than
     6  eighteen months prior to the closure  or  sale  of  a  nuclear  electric
     7  plant, the electric corporation owning, operating or managing such plant
     8  shall  submit  to  the  department  a plan detailing the process for the
     9  closure or sale of the nuclear electric plant. Such plan  shall  include
    10  details  and specifics on the electric corporation's plan to comply with
    11  article twenty-five-A of the labor law as they apply to nuclear electric
    12  plants. In addition, every plan submitted pursuant to this section shall
    13  be in such form and contain such information  as  the  department  shall
    14  determine to be necessary and proper.
    15    2. No nuclear electric plant shall be closed or sold unless:
    16    (a) the plan submitted pursuant to subdivision one of this section, or
    17  an  amended  version  of such plan as may be required by the department,
    18  shall have been approved by the department;
    19    (b) after the approval of such plan pursuant to paragraph (a) of  this
    20  subdivision,  the  affected employees shall have been provided notice of
    21  employment loss, as required by section eight  hundred  sixty-b  of  the
    22  labor law, not less than one year prior to such closure or sale;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11437-01-7
        A. 8173                             2
     1    (c) the plan approved pursuant to paragraph (a) of this subdivision is
     2  included  as  a material term of every contract and plan relating to the
     3  closure of sale of the electric plant; and
     4    (d)  the department has granted its approval of every contract or plan
     5  providing for the sale or closure of the electric plant.
     6    3. Upon a finding of  the  department  that  an  electric  corporation
     7  violated  any provision of this section, or that any person has violated
     8  the provisions  of  a  plan  approved  pursuant  to  this  section,  all
     9  contracts and plans relating to the closure or sale of the nuclear elec-
    10  tric  plant  by  the electric corporation shall be deemed null and void,
    11  and such corporation or person shall be liable for a civil fine  of  not
    12  less than ten million dollars to be imposed by the department.
    13    §  2.  Section  860-a  of  the  labor law is amended by adding two new
    14  subdivisions 1-a and 1-b to read as follows:
    15    1-a. "Electric corporation" shall have the same meaning as provided in
    16  subdivision thirteen of section two of the public service law.
    17    1-b. "Electric plant" shall have  the  same  meaning  as  provided  in
    18  subdivision twelve of section two of the public service law.
    19    §  3. Section 860-b of the labor law is amended by adding a new subdi-
    20  vision 1-a to read as follows:
    21    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    22  section,  in  the  case  of  an employer that is an electric corporation
    23  owning, operating or maintaining a nuclear electric plant, such employer
    24  may not order a mass layoff, relocation or  employment  loss  until  its
    25  plan  to  implement  the  provisions  of  this  article  shall have been
    26  approved by the department of public service pursuant to  section  twen-
    27  ty-eight  of  the  public service law, and thereafter, at least one year
    28  before the order takes effect, such employer gives written notice of the
    29  order to the following:
    30    (a) affected employees and the representatives of the affected employ-
    31  ees;
    32    (b) the department; and
    33    (c) the local workforce investment boards established pursuant to  the
    34  federal  Workforce  Investment  Act  (P.L.  105-220) for the locality in
    35  which the mass layoff, relocation or employment loss will occur.
    36    § 4. Subdivision 3 of section 860-b of the  labor  law,  as  added  by
    37  chapter 475 of the laws of 2008, is amended to read as follows:
    38    3.  Notwithstanding  the  requirements  of subdivision one or one-a of
    39  this section, an employer is not required to provide notice  if  a  mass
    40  layoff,  relocation,  or  employment  loss is necessitated by a physical
    41  calamity or an act of terrorism or war.
    42    § 5. The opening paragraph of subdivision 1 of section  860-g  of  the
    43  labor  law,  as  added by chapter 475 of the laws of 2008, is amended to
    44  read as follows:
    45    An employer who fails to give notice as required by paragraph  (a)  of
    46  subdivision  one  or paragraph (a) of subdivision one-a of section eight
    47  hundred sixty-b of this article before ordering  a  mass  layoff,  relo-
    48  cation, or employment loss is liable to each employee entitled to notice
    49  who lost his or her employment for:
    50    §  6. Section 860-h of the labor law is amended by adding a new subdi-
    51  vision 5 to read as follows:
    52    5. Notwithstanding any other provision of this section to the  contra-
    53  ry,  if an employer that is an electric corporation owning, operating or
    54  maintaining a nuclear electric plant  violates  any  provision  of  this
    55  article,  such  corporation shall be liable for a civil fine of not less
    56  than ten million dollars to be imposed by the department.
        A. 8173                             3
     1    § 7. The labor law is amended by adding a new section 860-j to read as
     2  follows:
     3    § 860-j. Employment loss at a nuclear electric plant.  1. The electric
     4  corporation owning, operating or maintaining a nuclear electric plant at
     5  which  there will be a mass layoff, relocation or employment loss, shall
     6  within ten days of providing  notice  thereof  pursuant  to  subdivision
     7  one-a of section eight hundred sixty-b of this article shall cause to be
     8  conducted  and  completed  an  extensive health screening, in accordance
     9  with the regulations of the commissioner of health,  of  all  employees,
    10  contractors  and  subcontractors  working  at  such  plant.  Such health
    11  screening shall include general  health  screening,  and  screening  for
    12  diseases  and  conditions  related  to  employment in a nuclear electric
    13  plant.
    14    2. Each electric corporation owning, operating or maintaining a nucle-
    15  ar electric plant at which there will be a mass  layoff,  relocation  or
    16  employment  loss  shall  establish  and  operate  employment  retraining
    17  programs for all  employees,  contractors  and  subcontractors  who  are
    18  affected  by  an  employment  loss.  Such  programs  shall be conducted,
    19  subject to the supervision of the department, during the one-year notice
    20  period provided for  in  subdivision  one-a  of  section  eight  hundred
    21  sixty-b  of  this  article.  Furthermore,  training shall be provided to
    22  acquire any necessary skills and certifications for  employment  by  any
    23  entity which is engaged in the closure or decommissioning of the nuclear
    24  electric  plant.  Every  person  who completes training pursuant to this
    25  subdivision shall be granted an employee preference.
    26    § 8. Subdivision 1 of section 206 of the public health law is  amended
    27  by adding a new paragraph (w) to read as follows:
    28    (w) by rule and regulation, establish standards and guidelines for the
    29  extensive  health  screenings  of  persons  working  in nuclear electric
    30  plants, required by subdivision one of section eight hundred sixty-j  of
    31  the labor law.
    32    § 9. This act shall take effect immediately.