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


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-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8173--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 1, 2017
                                       ___________
        Introduced  by  M.  of  A. TITUS, GALEF, PAULIN, MAYER, ABBATE, BRONSON,
          CAHILL, BLAKE, ORTIZ, BYRNE -- read once and referred to the Committee
          on Labor -- reported and referred to the Committee on Codes -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
        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  (a) details and specifics on the electric corporation's plan  to  comply
    11  with  article  twenty-five-A  of  the labor law as they apply to nuclear
    12  electric plants, and (b) a workforce  retention  component  which  shall
    13  utilize  the existing labor force during the closure and decommissioning
    14  period. The workforce retention component shall include provisions  that
    15  (i)  any construction work which may be performed during the closure and
    16  decommissioning period, shall be performed pursuant to a  project  labor
    17  agreement,  as  defined  in  section two hundred twenty-two of the labor
    18  law, entered into with a bona  fide  building  and  construction  trades
    19  labor  organization  having  jurisdiction  over  the scope of work to be
    20  performed; and (ii) any other work which may be performed pursuant to  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11437-13-7

        A. 8173--A                          2
     1  project labor agreement, as defined in section two hundred twenty-two of
     2  the  labor  law,  entered  into  with  a bona fide employee organization
     3  having jurisdiction over the scope of the work to be performed. In addi-
     4  tion,  every  plan  submitted  pursuant to this section shall be in such
     5  form and contain such information as the department shall  determine  to
     6  be  necessary  and proper.   For purposes of this section, "construction
     7  work" shall include, but not  be  limited  to,  any  demolition,  recon-
     8  struction,  excavation, rehabilitation, repair, installation, renovation
     9  or  alteration,  which  is  customarily  performed  by  a  building  and
    10  construction trades organization.
    11    2. No nuclear electric plant shall be closed or sold unless:
    12    (a) the plan submitted pursuant to subdivision one of this section, or
    13  an  amended  version  of such plan as may be required by the department,
    14  shall have been approved by the department;
    15    (b) after the approval of such plan pursuant to paragraph (a) of  this
    16  subdivision,  the  affected employees shall have been provided notice of
    17  employment loss, as required by section eight  hundred  sixty-b  of  the
    18  labor law, not less than one year prior to such closure or sale;
    19    (c) the plan approved pursuant to paragraph (a) of this subdivision is
    20  included  as  a material term of every contract and plan relating to the
    21  closure of sale of the electric plant; and
    22    (d) the department has granted its approval of every contract or  plan
    23  providing for the sale or closure of the electric plant.
    24    3.  Upon  a  finding  of  the  department that an electric corporation
    25  violated any provision of this section, or that any person has  violated
    26  the  provisions  of  a  plan  approved  pursuant  to  this  section, all
    27  contracts and plans relating to the closure or sale of the nuclear elec-
    28  tric plant by the electric corporation shall be deemed  null  and  void,
    29  and  such corporation or person, after notice and hearing, may be liable
    30  for a civil fine of not less than five million dollars to be imposed  by
    31  the department.
    32    §  3.  Section  860-a  of  the  labor law is amended by adding two new
    33  subdivisions 1-a and 1-b to read as follows:
    34    1-a. "Electric corporation" shall have the same meaning as provided in
    35  subdivision thirteen of section two of the public service law.
    36    1-b. "Electric plant" shall have  the  same  meaning  as  provided  in
    37  subdivision twelve of section two of the public service law.
    38    §  4. Section 860-b of the labor law is amended by adding a new subdi-
    39  vision 1-a to read as follows:
    40    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    41  section,  in  the  case  of  an employer that is an electric corporation
    42  owning, operating or maintaining a nuclear electric plant, such employer
    43  shall not order a mass layoff, relocation or employment loss  until  its
    44  plan  to  implement  the  provisions  of  this  article  shall have been
    45  approved by the department of public service pursuant to  section  twen-
    46  ty-eight  of  the  public service law, and thereafter, at least one year
    47  before the order takes effect, such employer gives written notice of the
    48  order to the following:
    49    (a) affected employees and the representatives of the affected employ-
    50  ees;
    51    (b) the department; and
    52    (c) the local workforce investment boards established pursuant to  the
    53  federal  Workforce  Investment  Act  (P.L.  105-220) for the locality in
    54  which the mass layoff, relocation or employment loss will occur.
    55    § 5. Subdivision 3 of section 860-b of the  labor  law,  as  added  by
    56  chapter 475 of the laws of 2008, is amended to read as follows:

        A. 8173--A                          3
     1    3.  Notwithstanding  the  requirements  of subdivision one or one-a of
     2  this section, an employer is not required to provide notice  if  a  mass
     3  layoff,  relocation,  or  employment  loss is necessitated by a physical
     4  calamity or an act of terrorism or war.
     5    §  6.  The  opening paragraph of subdivision 1 of section 860-g of the
     6  labor law, as added by chapter 475 of the laws of 2008,  is  amended  to
     7  read as follows:
     8    An  employer  who fails to give notice as required by paragraph (a) of
     9  subdivision one or paragraph (a) of subdivision one-a of  section  eight
    10  hundred  sixty-b  of  this  article before ordering a mass layoff, relo-
    11  cation, or employment loss is liable to each employee entitled to notice
    12  who lost his or her employment for:
    13    § 7. Section 860-h of the labor law is amended by adding a new  subdi-
    14  vision 5 to read as follows:
    15    5.  Notwithstanding any other provision of this section to the contra-
    16  ry, if an employer that is an electric corporation owning, operating  or
    17  maintaining  a  nuclear  electric  plant  violates any provision of this
    18  article, such corporation, after notice and hearing, may be liable for a
    19  civil fine of not less than five million dollars to be  imposed  by  the
    20  department.
    21    § 8. The labor law is amended by adding a new section 860-j to read as
    22  follows:
    23    § 860-j. Employment loss at a nuclear electric plant.  1. The electric
    24  corporation owning, operating or maintaining a nuclear electric plant at
    25  which  there will be a mass layoff, relocation or employment loss, shall
    26  within ten days of providing  notice  thereof  pursuant  to  subdivision
    27  one-a of section eight hundred sixty-b of this article shall cause to be
    28  conducted  and  completed  an  extensive health screening, in accordance
    29  with the regulations of the commissioner of health,  of  all  employees,
    30  contractors  and  subcontractors  working  at  such  plant.  Such health
    31  screening shall include general  health  screening,  and  screening  for
    32  diseases  and  conditions  related  to  employment in a nuclear electric
    33  plant.
    34    2. Each electric corporation owning, operating or maintaining a nucle-
    35  ar electric plant at which there will be a mass  layoff,  relocation  or
    36  employment  loss  shall  establish  and  operate  employment  retraining
    37  programs for all  employees,  contractors  and  subcontractors  who  are
    38  affected  by  an  employment  loss.  Such  programs  shall be conducted,
    39  subject to the supervision of the department, during the one-year notice
    40  period provided for  in  subdivision  one-a  of  section  eight  hundred
    41  sixty-b  of  this  article.  Furthermore,  training shall be provided to
    42  acquire any necessary skills and certifications for  employment  by  any
    43  entity which is engaged in the closure or decommissioning of the nuclear
    44  electric  plant.  Every  person  who completes training pursuant to this
    45  subdivision shall be granted an employee preference.
    46    § 9. Subdivision 1 of section 206 of the public health law is  amended
    47  by adding a new paragraph (w) to read as follows:
    48    (w) by rule and regulation, establish standards and guidelines for the
    49  extensive  health  screenings  of  persons  working  in nuclear electric
    50  plants, required by subdivision one of section eight hundred sixty-j  of
    51  the labor law.
    52    § 10. This act shall take effect immediately.
feedback