Bill Text: NY S06127 | 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: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06127 Detail]
Download: New_York-2017-S06127-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6127--A 2017-2018 Regular Sessions IN SENATE May 11, 2017 ___________ Introduced by Sens. MURPHY, AVELLA, LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- committee discharged, bill amended, ordered reprinted as amended and recommitted 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 21 project labor agreement, as defined in section two hundred twenty-two of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11437-12-7S. 6127--A 2 1 the labor law, entered into with a bona fide employee organization 2 having jurisdiction over the scope of the work to be performed. In addi- 3 tion, every plan submitted pursuant to this section shall be in such 4 form and contain such information as the department shall determine to 5 be necessary and proper. For purposes of this section, "construction 6 work" shall include, but not be limited to, any demolition, recon- 7 struction, excavation, rehabilitation, repair, installation, renovation 8 or alteration, which is customarily performed by a building and 9 construction trades organization. 10 2. No nuclear electric plant shall be closed or sold unless: 11 (a) the plan submitted pursuant to subdivision one of this section, or 12 an amended version of such plan as may be required by the department, 13 shall have been approved by the department; 14 (b) after the approval of such plan pursuant to paragraph (a) of this 15 subdivision, the affected employees shall have been provided notice of 16 employment loss, as required by section eight hundred sixty-b of the 17 labor law, not less than one year prior to such closure or sale; 18 (c) the plan approved pursuant to paragraph (a) of this subdivision is 19 included as a material term of every contract and plan relating to the 20 closure of sale of the electric plant; and 21 (d) the department has granted its approval of every contract or plan 22 providing for the sale or closure of the electric plant. 23 3. Upon a finding of the department that an electric corporation 24 violated any provision of this section, or that any person has violated 25 the provisions of a plan approved pursuant to this section, all 26 contracts and plans relating to the closure or sale of the nuclear elec- 27 tric plant by the electric corporation shall be deemed null and void, 28 and such corporation or person, after notice and hearing, may be liable 29 for a civil fine of not less than five million dollars to be imposed by 30 the department. 31 § 3. Section 860-a of the labor law is amended by adding two new 32 subdivisions 1-a and 1-b to read as follows: 33 1-a. "Electric corporation" shall have the same meaning as provided in 34 subdivision thirteen of section two of the public service law. 35 1-b. "Electric plant" shall have the same meaning as provided in 36 subdivision twelve of section two of the public service law. 37 § 4. Section 860-b of the labor law is amended by adding a new subdi- 38 vision 1-a to read as follows: 39 1-a. Notwithstanding the provisions of subdivision one of this 40 section, in the case of an employer that is an electric corporation 41 owning, operating or maintaining a nuclear electric plant, such employer 42 shall not order a mass layoff, relocation or employment loss until its 43 plan to implement the provisions of this article shall have been 44 approved by the department of public service pursuant to section twen- 45 ty-eight of the public service law, and thereafter, at least one year 46 before the order takes effect, such employer gives written notice of the 47 order to the following: 48 (a) affected employees and the representatives of the affected employ- 49 ees; 50 (b) the department; and 51 (c) the local workforce investment boards established pursuant to the 52 federal Workforce Investment Act (P.L. 105-220) for the locality in 53 which the mass layoff, relocation or employment loss will occur. 54 § 5. Subdivision 3 of section 860-b of the labor law, as added by 55 chapter 475 of the laws of 2008, is amended to read as follows:S. 6127--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.
